H R 4310 in Congressional Session 112
Bill Number : H R 4310
Title : National Defense Authorization Act for Fiscal Year 2013
SUMMARY AS OF:
Procurement - Subtitle A: Authorization of Appropriations -
Authorizes appropriations for FY2013 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act. Subtitle B: Army Programs -
Authorizes the Secretary of the Army, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of airframes for CH-47F helicopters.
Directs the Secretary of the Army, for six years beginning in 2012, to report to the congressional defense and appropriations committees on Army time-sensitive or mission-critical airlift requirements. Subtitle C: Navy Programs -
Prohibits the Secretary of the Navy, beginning October 1, 2012, from retiring or decommissioning a nuclear-powered ballistic missile submarine if such retirement or decommissioning would result in less than 12 submarines in the active or commissioned fleet. Provides an exception with respect to any such submarine that has been converted to carry exclusively non-nuclear payloads as of such date.
Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to extend for an additional year incremental funding for the construction of Ford-class aircraft carriers.
Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2010 to allow the Secretary of the Navy to add a fifth production year to the multiyear procurement authority for F/A-18E, F/A-18F, and EA-18G aircraft.
Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of V-22 aircraft for the Navy, Air Force, and U.S. Special Operations Command.
Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of up to 10 Arleigh Burke-class guided missile destroyers and associated systems.
Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of up to 10 Virginia-class submarines and government-furnished associated equipment.
Earmarks specified FY2013 Navy shipbuilding and conversion funds for the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln.
Directs the Secretary of the Navy to report to the defense and appropriations committees on the designs of the Littoral Combat Ship (LCS).
Directs the Comptroller General (CG) to: (1) review Navy compliance with Code of Federal Regulations requirements in accepting the LCS, and (2) report to the defense and appropriations committees on the operational support and sustainment strategy for the LCS program.
Expresses the sense of Congress that the Secretary of the Navy should take appropriate steps to prioritize early engineering in large ship construction including amphibious class ships beginning with the LHA-8.
Expresses the sense of Congress that: (1) the Navy should consider prioritization of investment in, and procurement of, the next generation of amphibious assault ships; (2) such ships should maintain survivability protection level II in accordance with current Navy ship requirements; (3) commonality in hull form design could be a desirable element to reduce acquisition and life cycle cost; and (4) maintaining a robust amphibious shipbuilding industrial base is vital for future national security. Subtitle D: Air Force Programs -
Prohibits the Secretary of the Air Force, beginning October 1, 2011, from retiring more than six B-1 aircraft. Directs such Secretary to maintain in a common capability configuration at least 36 of such aircraft as combat-coded.
Amends the NDAA for Fiscal Year 2010 to reduce from 316 to 301 the required number of strategic airlift aircraft. Requires a report from the Commander of the U.S. Transportation Command to the defense and appropriations committees assessing the operational risk of meeting the steady-state and warfighting requirements of the combatant commands while maintaining an inventory of less than 301 strategic airlift aircraft.
Prohibits, after FY2013, any funds from this Act or otherwise available for the Air Force from being used to divest, retire, or transfer a C-27J aircraft until 180 days after: (1) the Director of the Congressional Budget Office (CBO) submits to the defense and appropriations committees a 40-year life-cycle cost analysis of such aircraft as well as the C-130H and J aircraft, and (2) related reports required under the NDAA for Fiscal Year 2012 are submitted to such committees.
Prohibits FY2013 Air Force funds from being used to terminate the C-130 avionics modernization program until 180 days after the Secretary of the Air Force has submitted to the defense and appropriations committees a C-130 upgrading and modernizing cost-benefit analysis.
Directs the: (1) Secretary of the Air Force to review the C-130 force structure, and report results to the defense and appropriations committees; and (2) CG to review such report, and report results to such committees.
Expresses the sense of Congress that the Air Force plan to commit to an annual production rate of launch vehicle booster cores should maintain mission assurance, stabilize the industrial base, reduce costs, and provide opportunities for competition. Prohibits the obligation of more than 10% of the funds available to the Air Force for FY2013 for the evolved expendable launch vehicle program until the Secretary of the Air Force submits to the defense, appropriations, and intelligence committees: (1) a report describing the program's acquisition strategy; and (2) a certification that such strategy maintains assured access to space, achieves substantial cost savings, and provides opportunities for competition. Requires the CG to review the report and submit results to such committees.
Authorizes the Secretary of the Air Force to procure two space-based infrared systems through a fixed-price contract. Allows the Secretary, under such contract, to use incremental funding for up to six fiscal years. Prohibits the total procurement cost from exceeding $3.9 billion. Allows such Secretary to waive the cost limitation upon notification of adjustment to the defense and appropriations committees. Provides adjustment limits. Requires such Secretary to report to such committees within 30 days after contract award. Subtitle E: Joint and Multiservice Matters -
Directs the Secretary of the Air Force, by the end of 2012, to: (1) establish the initial operational capability date for the F-35A aircraft, and (2) report capability details to the defense and appropriations committees. Directs the Secretary of the Navy, by the same date, to: (1) establish such capability dates for the F-35B and C aircraft, and (2) report capability details to such committees.
Prohibits FY2013 DOD funds from being obligated or expended to retire or place in storage an RQ-4 Block 30 Global Hawk unmanned aircraft system. Requires the Secretary of the Air Force, during the period preceding December 31, 2014, to maintain the operational capability of any such system belonging or delivered to the Air Force.
Amends the NDAA for Fiscal Year 2006 to direct the Secretary of Defense (Secretary) to ensure that a solicitation for a common data link for manned and unmanned intelligence, surveillance, and reconnaissance systems: (1) complies with the most recently issued DOD common data link specification standard, and (2) does not include any proprietary or undocumented interface or waveform as a requirement or criterion for evaluation.
Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations -
Authorizes appropriations for FY2013 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table. Subtitle B: Program Requirements, Restrictions, and Limitations -
Directs the Secretary of the Air Force to ensure that the next-generation long-range strike bomber is: (1) capable of carrying strategic nuclear weapons upon achieving initial operating capability, and (2) certified to use such weapons within two years after achieving such capability.
Requires the Secretary of the Navy to: (1) conduct additional technology development risk reduction activities using the unmanned combat air system, and (2) preserve a competitive acquisition environment for the Unmanned Carrier-launched Surveillance and Strike system program.
Amends the NDAA for Fiscal Year 2012 to extend through FY2013 a limitation on the availability of funds for the Unmanned Carrier-launched Surveillance and Strike system program. Prohibits: (1) the Secretary of the Navy from reducing to one the number of prime contractors for the technology development phase of such program prior to the program achieving the critical design review milestone, and (2) such program from achieving such milestone until on or after October 1, 2016.
Prohibits any FY2013 Air Force RDT&E funds from being obligated or expended to initiate a new start acquisition program to provide the Air Force with a manned ground or dismount moving target indicator capability until 90 days after the Secretary of the Air Force reports to the defense and appropriations committees on the plan for such capabilities. Authorizes such Secretary to waive the funding prohibition after notifying such committees that the waiver is required to meet an urgent operational need or other emergency requirement directly related to combat operations.
Prohibits any FY2013 Army RDT&E funds from being obligated or expended for Milestone A activities with respect to the MQ-18 medium-range multipurpose vertical takeoff and landing unmanned aerial aircraft system until: (1) the Chairman of the Joint Requirements Oversight Council certifies to the defense, appropriations, and intelligence committees as to the system's capabilities; and (2) at least 30 days have elapsed following such certification.
Authorizes the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) to use specified FY2013 joint capability technology demonstration funds to carry out a program to develop and flight-demonstrate vertical lift platform technologies that address capability gaps described in DOD's Future Vertical Lift Strategic Plan. Outlines program goals and objectives. Subtitle C: Missile Defense Programs -
Directs the Secretary to: (1) procure two AN/TPY-2 radars, and (2) report to the defense and appropriations committees on the feasibility of developing one such radar on a rotational table to allow it to quickly change directions.
Requires the Director of the Missile Defense Agency (MDA) to report to the defense and appropriations committees on the development of the new advanced kill vehicle on the standard millile-3 block IIB interceptor.
Directs the Secretary to: (1) ensure that a missile defense site on the U.S. East Coast using either ground-based or standard missile-3 interceptors is operational by December 31, 2015, (2) conduct a study of three possible locations for such site, and (3) prepare an environmental impact statement with respect to each possible location. Requires the MDA Director to develop and submit to the President a plan to deploy an appropriate missile defense interceptor for an East Coast missile defense site. Provides plan funding.
Earmarks specified FY2013 DOD funds for the ground-based midcourse defense (GMD) system, including for refurbishment of: (1) CEI exoatmospheric kill vehicle-equipped ground-based interceptors, and (2) Missile Field 1 at Fort Greely, Alaska.
Requires the Secretary to conduct an intercontinental ballistic missile test of the GMD program using a ground-based interceptor equipped with a CEI exoatmospheric kill vehicle.
Expresses the sense of Congress that standard missile-3 block IIB interceptors should be deployable in both land- and sea-based modes by the date on which such interceptors achieve initial operating capability. Directs the Secretary to: (1) ensure such achievement, and (2) report to the defense and appropriations committees on how the deployment of such interceptors affects the Navy force structure.
Earmarks specified FY2012-FY2015 RDT&E funds to the government of Israel for the procurement of additional batteries and interceptors under the Iron Dome short-range rocket defense system and related operations and sustainment expenses. Directs the Secretary to establish within the MDA an office to carry out matters relating to such assistance.
Requires the MDA Director to ensure that the sea-based X-band radar is maintained in a status to allow deployment in less than 14 days and for at least 60 days each year.
Prohibits the obligation or expenditure of FY2013 DOD funds for the medium extended air defense system.
Limits the obligation of more than 75% of DOD funds available for certain missile defense activities until: (1) the Secretaries of Defense and State submit to the defense, appropriations, and foreign relations committees a report on cost-sharing arrangements for missile defense in Europe and a certification of proportionate cost-sharing by members of the North Atlantic Treaty Organization (NATO); and (2) the Secretary submits to such countries a NATO prefinancing request with respect to such costs and submits to such committees the response to such request.
Prohibits the obligation or expenditure of FY2013 funding for the precision tracking space system until: (1) a federally funded research and development center (FFRDC) begins an analysis of alternatives to such system, and (2) the terms of reference for the analysis are submitted to the defense and appropriations committees. Requires the MDA Director to enter into an agreement for such analysis with an FFRDC that has not previously been involved with such system. Outlines analysis requirements. Prohibits any FY2013 funding for such system (other than for technology development) until 60 days after the MDA Director submits the completed analysis.
Requires the MDA Director to develop, and submit to the Secretary and the defense and appropriations committees, a plan to: (1) improve the discrimination and kill assessment capability of ballistic missile defense systems, particularly with respect to the GMD system, and (2) increase the rate of flight and ground tests of the GMD system.
Directs the Secretary to report to the defense and appropriations committees on the regional missile defense architectures and the force management process to evaluate such architectures.
Requires the Secretary to ensure that any FY2013 funds for ground-testing activities of the conventional prompt global strike program are obligated or expended using competitive solicitation procedures involving industry as well as government partners.
Authorizes the Secretary of the Navy to transfer to the MDA Director Aegis weapon system equipment with ballistic missile defense capability for use in the country the Director has designated as "Host Nation 1." Requires the Director, upon receipt of such equipment, to transfer to the Secretary of the Navy such equipment with such capability for use in the DDG-51 Destroyer program. Subtitle D: Reports -
Directs the Commandant of the Marine Corps to: (1) study the future capabilities of the Marine Corps with respect to electronic warfare, and (2) report study results to the defense and appropriations committees.
Directs the Secretary to: (1) enter into an agreement with the National Research Council to review the DOD specialized degree-granting graduate programs in engineering, applied sciences, and management; and (2) report review results to the defense and appropriations committees.
Requires the Secretary to: (1) assess the U.S. manufacturing capability to produce three-dimensional integrated circuits to serve the national defense, and (2) submit assessment results to the defense and appropriations committees.
Directs the Secretary to report to such committees a summary of DOD efforts to transition mature and maturing directed energy technologies to new operational weapon systems during the five-to-ten year period beginning on the date of the report. Subtitle E: Other Matters -
Allows DOD laboratories to enter into education partnership agreements with educational institutions in U.S. possessions or territories.
Authorizes the Secretary to use the DOD research and engineering network to support regional advanced technology clusters established by the Secretary of Commerce to encourage the development of innovative advanced technologies to address national security and homeland defense challenges. Requires the Under Secretary to: (1) designate a DOD office with lead responsibility for enhancing DOD use of regional advanced technology clusters (and inform Congress of such designation), and (2) report to Congress on DOD participation in such activities.
Directs the Secretary to brief the defense committees on power and energy research conducted at the University Affiliated Research Centers.
Operation and Maintenance - Subtitle A: Authorization of Appropriations -
Authorizes appropriations for FY2013 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Authorizes appropriations for the Secretary of the Navy for FY2013 for inactivation execution of the U.S.S. Enterprise (aircraft carrier), as specified in the funding table. Limits to $708 million the total obligation for such inactivation. Provides inactivation contract authority. Subtitle B: Energy and Environmental Provisions -
Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to extend through FY2018 the submission to Congress of progress reports on a training range sustainment plan and inventory.
Amends the Toxic Substances Control Act to exclude from the definition of "chemical substance" for purposes of such Act any components of firearms including shot, bullets and other projectiles, propellants, and primers.
Amends the Energy Independence and Security Act of 2007 to make inapplicable to DOD alternative fuel procurement requirements of such Act.
Prohibits FY2013 DOD funds from being obligated or expended for the production or purchase of any alternative fuel if the cost of producing or purchasing such fuel exceeds the cost of producing or purchasing a traditional fossil fuel that would be as useful as the alternative fuel. Provides an exception.
Directs the Secretary to develop, and brief the defense and appropriations committees on, a plan on a timeline to develop a material solution to measure environmental exposures to members of the Armed Forces in and outside of the continental United States. Subtitle C: Logistics and Sustainment -
Amends the NDAA for Fiscal Year 2004 to authorize the Secretary of the military department concerned (Secretary concerned) to carry out a demonstration project at specified facilities for the promotion by one grade level of workers who are certified at the journey level to perform multiple trades. Extends the project through FY2018.
Excludes from consideration as depot-level maintenance and repair: (1) nuclear aircraft carrier refueling, defueling, and concurrent complex overhaul; and (2) procurement major modifications designed to improve the performance or safety of a weapon system or major end item. Requires the Secretary to determine the associated capability to maintain the core depot-level maintenance and repair capabilities and capacity required of mission-essential weapon systems or items of military equipment. Prohibits the Secretary from waiving the capability determination requirement without notifying Congress at least 30 days in advance. Excludes nuclear aircraft carriers and special access programs from such waiver authority. Requires the Secretary, every two years, to: (1) review each existing special access program to determine the core depot maintenance and repair capabilities required to provide a ready and controlled source of technical competence, and resources required to establish a core capability if it becomes necessary; and (2) include review results in a required biennial core report. Subtitle D: Readiness -
Authorizes the Secretary concerned to enter into agreements with state or local governments for the procurement of installation support services. Exempts from such authority police, fire protection, and first responder services.
Extends through 2020 DOD authority to provide assured business guarantees to carriers participating in the Civil Reserve Air Fleet program.
Amends the NDAA for Fiscal Year 2008 to extend to all military department Secretaries (under current law, only to the Secretary of the Army) the authority to use working-capital funds for expenses directly related to conducting a pilot program for a product or process improvement. Extends such authority through FY2018, and revises report requirement deadlines.
Authorizes the National Guard Bureau to maintain a Center of Excellence for the National Guard State Partnership Program (Center), for training National Guard units and members in order to improve deployment skills. Provides for the detail of National Guard members at the Center. Subtitle E: Reports -
Directs the Secretary to report to Congress on the readiness of the joint force to conduct operations in environments lacking access to command, control, communications, computers, intelligence, surveillance, and reconnaissance systems, including the Global Positioning System (GPS). Requires the Chairman of the Joint Chiefs of Staff (JCS), based on report results, to develop a roadmap and joint exercise plan for the joint force to operate in such an environment.
Revises the frequency of the CG's review of each annual DOD report on prepositioned materiel and equipment.
Includes within a required annual report on the maintenance and repair of naval vessels in foreign shipyards vessels operated pursuant to a contract entered into by the Military Sealift Command, the Maritime Administration, or the U.S. Transportation Command.
Amends the NDAA for Fiscal Year 2010 the extend the deadline for a CG report on the DOD service contract inventory.
Directs the CG to review and report to the defense committees on a specified DOD memorandum concerning contract performance costs to determine whether the methodology used reflects the actual, relevant, and quantifiable costs to taxpayers of performance by federal civilian employees, military personnel, and contractors.
Requires the: (1) Secretary to report to the defense and appropriations committees and the CG on helicopter medical evacuation policies, and (2) CG to review the report and submit review results to such committees. Subtitle F: Limitations and Extensions of Authority -
Repeals the authority of the Secretary to provide certain military equipment and facilities to federal, state, or local law enforcement or emergency response agencies to prepare for or respond to emergencies involving chemical or biological agents.
Prohibits FY2013 DOD funds from being used to disestablish or downgrade any of the 18 level 5 aerospace control alert defense locations currently in existence. Requires: (1) the Secretary of the Air Force to maintain such current level until the later of September 30, 2013, or the enactment of the National Defense Authorization Act for Fiscal Year 2014; (2) the Secretary of Defense to establish a budget justification display that fully identifies the baseline aerospace control alert budget for each of the military departments and encompasses all programs and activities of the aerospace control alert mission for procurement, O&M, RDT&E, and military construction; (3) the Secretary of Defense to report to the defense and appropriations committees a cost-benefit analysis and risk-based assessment of such mission as it relates to expected future budget and force structure changes; (4) the CG to review such analysis and assessment and report review results to such committees.
Prohibits more than $5 million in FY2013 O&M funds from being made available for the National Museum of the United States Army until the Secretary of the Army certifies to the defense and appropriations committees that sufficient private funding has been raised to fund construction of the Museum portion known as the Baseline Museum, and that at least 50% of the latter Museum has been completed.
Prohibits, with one exception, any FY2013 DOD funds from being used to retire, inactivate, or place in storage a cruiser or dock landing ship. Requires the Secretary of the Navy to maintain the current level of such ships until the later of September 30, 2014, or the enactment of the National Defense Authorization Act for Fiscal Year 2014.
Prohibits the President from transferring a veterans memorial object to a foreign country, person, or entity unless the transfer is specifically authorized by law, or is made after September 30, 2017. Subtitle G: Other Matters -
Directs the Secretary to classify military working dogs as canine members of the Armed Forces. Prohibits their classification as equipment. Authorizes the Secretary concerned, after determining that a military working dog should be retired and that no suitable adoption is available, to transfer the dog to the 341st Training Squadron or to another location for adoption. Authorizes the use of frequent traveler miles to facilitate such adoptions. Requires the Secretary to: (1) establish and maintain a system to provide veterinary care of retired military working dogs, and (2) create a decoration or other appropriate recognition to recognize such dogs that are killed in action or perform an exceptionally meritorious or courageous act during their service.
Military Personnel Authorizations - Subtitle A: Active Forces -
Sets forth authorized end strengths for active-duty forces as of the end of FY2013.
Revises permanent active-duty end strength minimum levels.
Requires the President, upon determining that a reduction in end strength of the regular Army or Marine Corps is necessary for any of FY2014-FY2017, to certify to Congress in that fiscal year that such reduction will not undermine the ability of the Armed Forces to meet National Security Strategy requirements, increase U.S. security risks, or compel personnel to endure diminished dwell time and repeated deployments. Provides an annual limitation on reductions during such fiscal years. Requires the DOD budget for each of such fiscal years to include amounts sufficient to meet the above requirements, and not rely on any emergency, supplemental, or overseas contingency operations funding.
Excludes members within the Integrated Disability Evaluation System on the last day of any of FY2013-FY2018 from active-duty end strength limits for such fiscal years. Subtitle B: Reserve Forces -
Sets forth authorized end strengths as of the end of FY2013 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
Sets forth minimum end strengths for FY2013 for Army and Air Force dual status military technicians.
Provides a FY2013 limitation on the number of non-dual status Army and Air Force military technicians.
Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2013. Subtitle C: Authorization of Appropriations -
Authorizes appropriations for FY2013 for military personnel.
Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally -
Increases by one the authorized Navy active-duty flag officer end strength limitation. Exempts a director of the Navy Nurse Corps and the Medical Service Corps from such limitation.
Increases from 30 to 33 years the maximum authorized length of service a chief Navy warrant officer, grade W-5, may serve prior to statutory retirement.
Establishes the positions of Chief and Deputy Chief of Chaplains in the Air Force. Requires each such appointee to have served as an active-duty chaplain for at least eight years.
Extends through FY2018 the authority of the Secretary concerned to reduce from 10 to 8 years the minimum length of active-duty service as a commissioned officer prior to voluntary retirement.
Allows the Secretary or the Secretary concerned, during FY2013-FY2018, to retire up to 4% of the total number of officers in grades O-5 and O-6 within each military department, notwithstanding that such officers do not have the normally-required three years of service in such grade prior to retirement. (Under current law, such authority terminated at the end of 2007.)
Authorizes the Secretary or the Secretary concerned, during FY2013-FY2017, to retire up to 5%, or 10% in the case of the Marine Corps, of the total number of officers in grades O-7 and O-8, again notwithstanding the required prior three years of service in such grade.
Directs the Secretary to develop and implement a plan to measure DOD efforts to achieve a sustainable level of members of the Armed Forces that will reflect the diverse population of the United States eligible to serve, including gender-specific, racial, and ethnic populations. Requires progress made in implementing such plan to be included in currently-required annual manpower requirements reports. Subtitle B: Reserve Component Management -
Codifies under federal law the positions of Assistant to the Chairman of the Joint Chiefs of Staff for: (1) National Guard Matters, and (2) Reserve Matters. Outlines position qualifications and duties. Repeals a superseded provision of the NDAA for Fiscal Year 1998.
Confers federal recognition on members of the National Guard promoted from W-1 to chief warrant officer, W-2. Subtitle C: General Service Authorities -
Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to include within its career intermission pilot program Guard and reserve members serving on active duty. Authorizes program participants to retain their earned leave balance (up to a 60-day limit) and to be processed for disability separation while so participating.
Authorizes licensed clinical social workers and psychiatric nurse practitioners (under current law, only psychiatrists) to conduct pre-separation medical examinations to make post-traumatic stress disorder (PTSD) determinations.
Authorizes the Secretary to accept voluntary services to assist DOD efforts in accounting for missing personnel.
Increases from 21 to 42 days the authorized leave for a member upon the birth or adoption of a child, when such member is the primary caregiver. Authorizes 10 days of leave for the spouse of such member.
Directs the Secretary to ensure a continuous, designated military command responsibility and accountability for the care, handling, and transportation of the remains of each deceased member who died outside the United States, beginning with initial remains recovery, through the defense mortuary system, and until the remains are interred or accepted by the person designated to direct disposition.
Directs the Secretary to report to the defense and appropriations committees evaluating the feasibility of incorporating gender-neutral occupational standards for military occupational specialties currently closed to females.
Directs the Secretary concerned to ensure that commanding officers: (1) do not prohibit or otherwise restrict the ability of physicians and other licensed health-care providers to issue a medical profile for a member, and (2) comply with the terms of an issued profile in assigning duties to such member. Provides a temporary waiver authority, on a case-by-case basis, when the officer determines that duties assigned against the terms of the profile are vital to ensuring the readiness of the member and the unit. Subtitle D: Military Justice and Legal Matters -
Requires the Staff Judge Advocate to the Commandant of the Marine Corps to be appointed by the President, by and with the advice and consent of the Senate. Authorizes such Advocate to supervise the administration of justice and delivery of legal assistance within the Marine Corps, and to provide professional supervision of legal services provided by Marine Corps judge advocates.
Directs the Secretary to require the Secretaries concerned, with respect to sexual misconduct offenses under the Uniform Code of Military Justice (UCMJ), to restrict disposition authority in such cases to officers authorized to convene special courts-martial, holding a grade of colonel or captain, and having a legal advisor in the chain of command of the accused. Directs the Secretary to make recommendations for certain additional changes to the Manual for Courts-Martial of UCMJ policy with respect to the disposition of such offenses.
Requires the Secretary to establish an independent panel to review and assess judicial proceedings under the UCMJ involving sexual assault and related offenses for the purpose of developing potential improvements to such proceedings. Terminates the panel at the end of FY2017. Directs the panel to: (1) prepare annual reports regarding the implementation of reforms relating to rape, sexual assault, and other sexual misconduct under the UCMJ, as enacted by the NDAA for Fiscal Year 2012; and (2) submit such reports to the Secretary and the defense committees.
Directs the Secretary to require each department Secretary to establish a record on the disposition of any report of sexual assault, whether such disposition is court martial, nonjudicial punishment, or other administrative action. Requires such records to be maintained for at least 20 years.
Requires the Secretary to provide the defense committees a briefing, plan, and recommendations regarding DOD efforts to prevent and respond to hazing incidents involving members. Requires the plan to include a database to improve DOD ability to: (1) determine the extent to which hazing incidents are occurring and their nature; and (2) track, respond to, and resolve such incidents.
Requires the Armed Forces to accommodate the conscience and sincerely held moral principles and religious beliefs of its members concerning the appropriate and inappropriate expression of human sexuality, and prohibits the Armed Forces from using such conscience, principles, or beliefs as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. Prohibits any member from: (1) directing, ordering, or requiring a chaplain to perform any duty, rite, service, or function that is contrary to his or her beliefs; or (2) discriminate or take adverse personnel action against a chaplain for their refusal to comply with a directive that is against his or her beliefs.
Prohibits a military installation or other property owned, rented, or under the jurisdiction or control of DOD from being used to officiate, solemnize, or perform a marriage or marriage-like ceremony involving anything other than the union of one man with one woman. Subtitle E: Member Education and Training Opportunities and Administration -
Transfers from the Secretary of Education to the Secretary responsibility and authority for operation of the Troops-to-Teachers Program of the Elementary and Secondary Education Act of 1965. Authorizes the Secretary to carry out a Troops-to-Teachers Program: (1) to assist retired or former members of the Armed Forces to obtain certification as elementary, secondary, or career or technical teachers; and (2) to facilitate the employment of such members by local educational agencies or charter schools identified by the Secretary of Education as receiving low-income families grant assistance or experiencing a shortage of teachers. Outlines member eligibility and application requirements and processes. Requires such Program participants to teach for at least three school years following appropriate certification or licensing. Authorizes the Secretary to pay: (1) a stipend to cover expenses incurred to obtain the required educational level, certification, or licensing, limiting such stipend to $5,000; and (2) a bonus to participants who agree to teach for at least three years at an eligible school, limiting such bonus to $10,000. Limits to 5,000 the total number of stipends to be paid in a fiscal year, and to 3,000 the total number of bonuses to be paid in a fiscal year. Provides for stipend or bonus reimbursement in appropriate cases, with exceptions under certain circumstances. Limits to $15 million the total amount to be obligated under the Program for any fiscal year. Terminates the Department of Education Troops-to-Teachers Program.
Authorizes the Secretary of the Navy to: (1) enter into agreements with the Naval Academy Association and its successors to manage any aspect of the Naval Academy athletic and physical fitness programs; (2) receive funds from the Association and other sources to further the mission of the Naval Academy; and (3) enter into agreements for licensing and marketing relating to Naval Academy trademarks and service marks. Requires such Secretary to notify the defense and appropriations committees within 60 days after entering into any agreement authorized under this section.
Directs the DOD Inspector General to conduct a review to determine the extent of access that representatives of for-profit educational institutions have to military installations and whether there are adequate safeguards in place to regulate such access. Subtitle F: Decorations and Awards -
Removes the requirement that, in order to be eligible for a prisoner-of-war medal, the subject must have been held captive by a foreign force categorized as hostile to the United States.
Directs the Secretary concerned to award the Purple Heart to members killed or wounded in the attacks that occurred at the recruiting station in Little Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on November 5, 2009. Provides an exception for a member whose wound was the result of willful misconduct. Subtitle G: Defense Dependents' Education and Military Family Readiness Matters -
Earmarks specified DOD O&M funds for assistance to local educational agencies: (1) that benefit dependents of members and civilian DOD employees; and (2) with enrollment changes due to base closures, force structure changes, or force relocations.
Extends transitional compensation benefits and payments provided to victims of military dependent abuse to children carried during pregnancy at the time of a dependent-abuse offense.
Permits the Secretary to authorize the enrollment in a DOD domestic education program a dependent of a member or federal employee currently enrolled in the DOD overseas education program if: (1) the dependent departed the overseas location as a result of an evacuation order, (2) the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the DOD education program, and (3) the school has the necessary capacity and resources to allow such attendance. Authorizes the enrollment in a DOD virtual elementary or secondary education program, on a tuition basis, of a dependent of an active-duty member who, upon return to the United States, is enrolled in the elementary or secondary school of a local educational agency under the DOD domestic education program.
Amends the Servicemembers Civil Relief Act to provide that if a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent-servicemember, then the court shall require that upon the return of that servicemember from deployment the custody order that was in effect preceding such deployment shall be reinstated, unless the court finds that reinstatement in not in the child's best interest. Prohibits a servicemember's deployment or possible deployment from being considered in the determination of a child's best interest in a motion seeking a permanent order to modify custody. Provides that under a temporary custody order, if a state law provides a higher standard of protection to the deploying parent-servicemember, then the appropriate court shall apply the higher standard.
Amends the above Act to prohibit the absence of a servicemember from his or her principal place of residence due to active-duty military service from preventing such servicemember from refinancing a mortgage on such residence. Makes such prohibition inapplicable to a servicemember who entered into a refinancing on such residence within the past five years.
Expresses the sense of Congress supporting the goals and ideals of Yellow Ribbon Day, observed on April 9th of each year, in honor of members and American civilians who are serving overseas in defense of the United States. Subtitle H: Improved Sexual Assault Prevention and Response in the Armed Forces -
Directs each military department Secretary to establish special victim teams for investigating and prosecuting allegations of child abuse, serious domestic violence, or sexual offenses, and providing support for the victims of such offenses. Requires each such Secretary to: (1) prescribe standards for the training, selection, and certification of personnel for such teams; and (2) have one such team available within one year after the enactment of this Act. Provides for the measurement of the effectiveness and impact of such teams from the investigative, prosecutorial, and victims' perspectives.
Amends the NDAA for Fiscal Year 2012 to direct the Secretary to provide for the inclusion of a sexual assault prevention and response training module in the training for new or prospective commanders at all levels of command. Requires information on the DOD policy on sexual assault and its prevention and reporting procedures to be included in each member's initial entrance onto active duty or into duty status with a reserve component.
Directs the Secretary to ensure that there be prominently posted, at DOD duty, dining, residential, health-care, commissary, and community service facilities, specified information on DOD sexual assault prevention and response resources. Requires prompt notification to victims of the availability of assistance.
Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to require the Secretary concerned to include additional information in the case synopses portion of each required report regarding sexual assaults in their department in the prior year, including the reasons for any denials of victim requests for a permanent change of station or unit transfer after an assault.
Requires the Secretary concerned, effective with the 2013 report required, above, to include information on sexual harassment involving members under their jurisdiction during the preceding year.
Requires the Secretary to report biennially to the defense committees on progress made to ensure that the Defense Incident-Based Reporting System and the Defense Sexual Assault Incident Database are fully functional and operational. Terminates the reporting requirement when both the System and Database are fully functional and operational and being jointly used.
Directs the Secretary, once each in 2013 and 2014, to brief the defense committees on DOD actions regarding sexual assault prevention and response in the Armed Forces.
Includes sexual assault occurrence and response information to be included in DOD workplace and gender relations surveys. Revises survey dates.
Directs the Secretary to require the commander of every unit with more than 50 assigned members to conduct an organizational climate assessment within 120 days after the command assumes command, and annually thereafter. Defines such assessment as the positive and negative factors on unit effectiveness and readiness, including prevention and response to sexual assault and equal opportunity.
Requires the above assessment to include avenues for members to express their views on how their leaders are responding to allegations of sexual assault and complaints of sexual harassment.
Directs the Secretary to conduct, and report to the defense committees on, a review of all unrestricted reports of sexual assault made by members since October 1, 2000, to determine the number of members who were subsequently separated from service and the grounds for such separation.
Allows sexual assault victim-members of the reserves to remain on active duty, or to be recalled to active duty, for up to 180 days to complete a line-of-duty determination with respect to the assault.
Provides that if a complaint of sexual harassment is made against a member and substantiated, a notation thereof shall be placed in the individual's service record for the purpose of: (1) reducing the likelihood that such member can commit the same offense multiple times without suffering the appropriate consequences; and (2) alerting commanders of the background of the members of their command, including transferred members. Subtitle I: Other Matters -
Authorizes the Secretary concerned to establish and maintain a unit of the Junior Reserve Officers' Training Corps (JROTC) at a secondary institution in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau, as long as such institutions meets other requirements.
Directs the Secretary, in order to preserve the editorial and management independent of the Stars and Stripes newspaper, to extend its lease in the District of Columbia until the Secretary provides space and other support for such operations in a government-owned facility in the National Capital Region other than the Defense Media Activity at Fort Meade, Maryland.
Expresses the sense of Congress that the bugle call commonly known as "Taps" should be designated as the National Song of Remembrance.
Outlines the recommended conduct of persons, in uniform and not in uniform, during the sounding of Taps.
Requires in 2013 the DOD Inspector General (under current law, the Secretary of the Army) to inspect and report on the Arlington National Cemetery and the United States Soldiers' and Airmen's Home National Cemetery. Extends related report requirements from the DOD Inspector General and the department Secretaries.
Authorizes the Secretary to conduct one or more pilot programs to provide assistance for members leaving active duty to transition into the fields of science, technology, engineering, and mathematics (STEM fields) in order to address DOD shortages of expertise within those fields. Limits pilot programs to three academic years, and requires the Secretary to report pilot program results to the defense and appropriations committees.
Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances -
Waives any FY2013 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases by 1.7%, effective January 1, 2013, the rates of basic pay for military personnel.
Entitles to a basic allowance for housing (BAH) a member without dependents in a pay grade below E-6 who is assigned to sea duty and is married to another member.
Prohibits a reduction in BAH for Army and Air National Guard personnel who transition between active duty and full-time Guard duty without a break in active service.
Provides that, as of October 1, 2011, changes made to the program guidance relating to the award of Post-Deployment/Mobilization Respite Absence administrative absence days to members of the reserves under a specified Department of Defense (DOD) instruction shall not apply to reservists whose qualified mobilization commenced before October 1, 2011, and continued until the termination of the mobilization. Subtitle B: Bonuses and Special and Incentive Pays -
Extends through 2013 specified authorities currently scheduled to expire at the end of 2010 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
Increases from $10,000 to $20,000 the maximum Selected Reserve officer affiliation bonus.
Increases from $2,000 to $4,000 the maximum incentive bonus for reserve personnel who convert their military occupational specialty in which there is a shortage of trained and qualified personnel. Subtitle C: Travel and Transportation Allowances Generally -
Authorizes a travel and transportation allowance for a qualified non-medical attendant of a member receiving care in a residential treatment program, if the attending physician or other mental health professional and the commander or head of the military medical facility exercising control over the member determine that the presence and participation of such attendant is essential to the member's treatment. Subtitle D: Benefits and Services for Members Being Separated or Recently Separated -
Extends through 2018 DOD authority to allow involuntarily separated members to continue to use military commissary and exchange stores for two years after such separation.
Allows involuntarily separated members, during the period beginning on October 1, 2012 and extending through December 31, 2018, to remain in government family housing for up to 180 days following their date of separation. Prohibits the payment of BAH during any period following the involuntary separation. Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations -
Includes food banks, food pantries, and soup kitchens among organizations to which DOD may donate unusable food prepared for the Armed Forces.
Eliminate the requirement that the Secretary record and report to Congress on changes in restrictions on the sale of merchandise by overseas commissary and exchange stores.
Codifies the designation of the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for all purposes under laws relating to Fisher Houses and Fisher Suites. Authorizes as residents of such facility the primary next of kin and other family members of a member who dies while serving overseas, as well as escorts of such family members.
Requires the governing body of the military commissary and exchange system to develop: (1) guidelines for the identification of fresh meat, poultry, seafood, produce, and other products raised or produced through sustainable methods; and (2) goals to maximize the purchase of sustainable products, local food, and recyclable materials by the end of FY2017. Subtitle F: Disability, Retired Pay, and Survivor Benefits -
Waives payment of premiums under the Survivor Benefit Plan (SBP) for members retiring under the Federal Employees Retirement System (FERS) when such member waives military retired pay in order to elect civil service retirement and provide a survivor annuity. Subtitle G: Other Matters -
Conforms the definition of "dependent" for purposes of consumer credit extended to members and their dependents with such definition as used to establish eligibility for military medical care.
Extends through 2016 the limitation on the reduction on manpower levels within the service review agencies of the military departments.
Provides for the receipt by members of the Coast Guard Reserve called to emergency active duty of the same benefits provided to reserve members of the military departments called to active duty.
Health Care Provisions - Subtitle A: Improvements to Health Benefits -
Expresses the sense of Congress that the 20-30 career-years of sacrifice of servicemembers and their families constitute a significant pre-paid premium for health care during retirement that is over and above what the member pays with money.
Directs the Secretary, beginning on the earlier of the date of enactment of this Act or October 1, 2012, and ending on December 31, 2018, to provide, for 180 days after separation, TRICARE Reserve Select and TRICARE dental insurance coverage to members of the Selected Reserve who are involuntarily separated.
Directs the Secretary to ensure that each individual who receives medical or dental care under a state National Guard medical or dental care contract meets DOD standards of medical and dental readiness upon his or her mobilization. Subtitle B: Health Care Administration -
Directs the President, through the Secretary, to establish within DOD a unified command for medical operations, to provide unified medical services to members and other health care beneficiaries. Assigns to such command all active military medical treatment facilities, training organizations, and research entities. Provides for a commander of such command, with specified subordinate commands. Outlines commander responsibilities. Directs the Secretary to establish a Defense Health Agency and to transfer to such Agency the TRICARE Management Activity and all functions of the TRICARE Program. Provides for a Defense Health Agency director. Requires the Secretary to submit to the defense and appropriations committees: (1) a plan for establishing the unified medical command, and (2) written notification of the timeline for such establishment.
Requires the automatic enrollment under TRICARE Prime of the dependent of a member entitled to military medical and dental care and who resides in an area in which TRICARE Prime is offered, if the member is in pay grade E-4 or below. Allows for the enrollment of such a dependent if the member is in pay grade E-5 or above.
Authorizes each Secretary concerned to establish cooperative health care agreements between military installations and local or regional health care entities.
Directs the Secretary to develop a process to ensure that health engagements conducted by DOD are effective and efficient in meeting U.S. national security goals. Authorizes the Secretary to conduct pilot programs to assess the effectiveness of any process so developed.
Includes individuals working under a subcontract of a personal services contract for health care as covered employees for purposes of medical malpractice under the Federal Tort Claims Act.
Requires the Secretary to carry out a three-year pilot program to assess the feasibility of using revenue-cycle improvement processes to increase the amounts collected from third party payees for charges for health care provided in the United States at a military medical treatment facility. Requires the pilot program to be conducted at at least two installations of different military departments. Directs the Secretary to report pilot program results to the defense and appropriations committees.
Directs the Secretary to carry out a pilot program to refill prescription maintenance medications for each TRICARE for Life beneficiary through the DOD national mail-order pharmacy program. Allows program participants to opt out after one year. Requires annual pilot program reports from 2014 through 2018 from the Secretary to the defense and appropriations committees. Terminates the pilot program at the end of 2017.
Requires (under current law, authorizes) the Secretary to establish cost-sharing requirements under the pharmacy benefits program. Provides required copayments with respect to each supply of generic, formulary, and nonformulary drugs within prescriptions covering 30 days or less, and those covering up to 90 days. Prohibits the Secretary, beginning in FY2013, from increasing such copayments by an amount higher than the annual percentage increase in military retired pay.
Amends the NDAA for Fiscal Year 2012 to require the Secretary to implement and complete any recommendations of a review of the administration of the military health care system before restructuring or reorganizing such system. Subtitle C: Reports and Other Matters -
Amends the above Act to extend until March 31, 2013, required CG reports concerning: (1) contract health care staffing for military medical treatment facilities, and (2) women-specific health care services and treatment for female members.
Expresses the sense of Congress that children of members receive health care designed to meet their pediatric-specific needs, and that a review of the TRICARE program with respect to children's health care needs is warranted. Directs the Secretary to establish a working group to: (1) review the TRICARE program with respect to pediatric health care, including special and chronic health care needs; (2) make recommendations to ensure that children receive appropriate care, and that access remains available for military families with children; and (3) submit an interim and final report to the defense and appropriations committees. Terminates the working group 30 days after submission of the final report.
Directs the Secretary to submit to the defense and appropriations committees a strategy to refine, reduce, and when appropriate, transition to using human-based training methods for the purpose of training members in the treatment of combat trauma injuries by October 1, 2017. Requires updated annual reports beginning in 2014.
Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management -
Amends the NDAA for Fiscal Year 2008 to exempt, for a 24-month period beginning on the date of enactment of this Act, DOD procurements of property or services under an interagency agreement with the Department of Energy (DOE) known as the Work For Others Program from being considered a procurement of property or services on behalf of DOD by a covered non-defense agency (thereby relieving such procurements from Inspector General reviews and compliance certifications required under such Act). Requires the Under Secretary to certify to the defense and appropriations committees whether DOE policies, procedures, and controls provide sufficient protection and oversight for DOD funds expended under such Program, and whether the exemption period should be extended. Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations -
Increases from 30 to 60 days after notification of the defense and appropriations committees the period that the Secretary concerned must wait before contracting for the lease of a vessel for a period greater than two but less than five years.
Amends the Clinger-Cohen Act of 1996 to extend through 2014 DOD authority to use simplified acquisition procedures for the procurement of certain commercial items.
Codifies provisions of the NDAA for Fiscal Year 2010 which require the Secretary to: (1) issue and maintain comprehensive guidance on life-cycle management and the development and implementation of product support strategies for major weapon systems, and (2) require that each major weapon system be supported by a product support manager. Includes within manager responsibilities using advanced predictive analysis technologies to improve material availability and reliability, increase operational availability rates, and reduce operation and sustainment costs. Requires the product support strategy to maximize small business participation at appropriate levels.
Codifies provisions of the Warner Act which require the Secretary to develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian personnel to achieve certain position qualification requirements with respect to each DOD major defense acquisition program (MDAP) and major automated information system program.
Limits to 80% the obligation or expenditure of funds authorized for the Office of the Secretary until the Secretary certifies to the defense and appropriations committees that DOD is implementing requirements of the Weapon Systems Acquisition Reform Act of 2009 relating to maximum competition throughout the life-cycle of MDAPs. Requires a related briefing.
Amends the NDAA for Fiscal Year 2012 to provide an exception, in limited circumstances, to the prohibition as allowable contractor costs the cost of counterfeit and suspected counterfeit electronic parts and rework or corrective action with respect to such parts.
Includes within the definition of "produced," for purposes of Buy American requirements, that which is melted or processed in a manner that results in physical or chemical property changes that are the equivalent of melting. Excludes from such term finishing processes such as rolling, heat treatment, quenching, tempering, grinding, or shaving.
Includes infrared technologies among items to be purchased by DOD only from manufacturers meeting national technology and industrial base requirements.
Requires Buy American requirements to apply, without exception or exemption, to any textile components supplied by DOD to the Afghan National Army or the Afghan National Police for the production of uniforms. Subtitle C: Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan -
Amends the NDAA for Fiscal Year 2010 to extend through 2014 temporary DOD authority to acquire products and services produced in countries along a major supply route to Afghanistan. Authorizes the Secretary to expand such authority to include products and services used by U.S. and coalition forces in Afghanistan, upon a determination that such products or services will be acquired from a country that has agreed to allow the transport of coalition personnel, equipment, and supplies from Afghanistan. Prohibits the preferential procurement of goods or services from Pakistan until their government agrees to reopen the ground lines of communication for the movement of U.S. equipment and supplies through Pakistan. Repeals an expired reporting requirement.
Amends the NDAA for Fiscal Year 2008 to remove Iraq as a country for which the United States will provide preferential treatment in the acquisition of a product or service in support of military or stability operations. Requires the Secretary, before providing such treatment with respect to a product or service produced in Afghanistan, to determine that their government is not taxing assistance provided by the United States to such country in violation of any bilateral or other agreement. Subtitle D: Other Matters -
Amends the Skelton Act to eliminate the requirement that the acquisition process for rapid fielding of capabilities in response to urgent operational needs may only be applied for capabilities that can be appropriately acquired under fixed-price contracts.
Directs the Secretary to ensure that any call center operated under a contract entered into by the Secretary or the Secretary concerned is located in the United States.
Department of Defense Organization and Management - Subtitle A: Department of Defense Management -
Requires the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy (DAS) to be appointed by the Secretary. (Under current law, the DAS is appointed by the Under Secretary of Defense for Acquisition, Technology, and Logistics.) Revises DAS responsibilities with respect to the defense industrial base, its supply chain, and supply chain vulnerability throughout, from suppliers to producers of major end items. Adds as additional responsibilities: (1) coordinating with the Director of Small Business Programs on matters relating to industrial base policy; (2) ensuring reliable sources of materials critical to national security, such as specialty metals, armor plate, and rare earth elements; and (3) establishing DOD policies for continued reliable resource availability from domestic sources and allied nations. Revises the composition of the Strategic Materials Protection Board to include: (1) the DAS, who shall be the chairman; and (2) the Administrator of the Defense Logistics Agency Strategic Materials, who shall be vice-chairman. Requires the Secretary of each military department to review and comment on each Board report and requires each report to be published in the Federal Register.
Directs the Secretary to designate a senior Office official as the principal official responsible for leading DOD's actions on urgent operational needs and rapid acquisition.
Requires the Secretary to: (1) designate a senior DOD official for coordination and management oversight of data conversion for all DOD enterprise resource planning systems, and (2) set forth the responsibilities of that official with respect to such data conversion.
Provides that the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall report directly to the Under Secretary, without the interposition of any other supervising official. Requires the President, in the annual budget, to include a separate statement of expenditures and proposed appropriations for that fiscal year for activities of such Deputy. Requires such Deputy's annual report to include a separate section covering activities of the DOD Test Resource Management Center.
Redesignates: (1) the Department of the Navy as the Department of the Navy and Marine Corps; and (2) as appropriate the Secretary and other statutory offices within such departments. Subtitle B: Space Activities -
Directs the Under Secretary, once a year for five years, to submit to the defense and appropriations committees an assessment of the synchronization of the operability of the program segments of each space program that is a MDAP.
Expresses the sense of Congress in support of the full exploitation of overhead persistent infrared sensor data. Requires a report: (1) from the Secretary to the defense, appropriations, and intelligence committees on overhead persistent infrared technology; and (2) from the CG to the defense and appropriations committees assessing the Secretary's report.
Prohibits any authorized funds from being used by the Secretary or the Director of National Intelligence (DNI) to limit the activities of DOD and the intelligence community in outer space to implement or comply with an international agreement concerning outer space activities unless such agreement is ratified by the Senate or authorized by statute. Requires a report to Congress from the Secretary and the Secretary of State, every 90 days, on the progress of negotiations on an international agreement concerning outer space activities. Terminates the report requirement when the President certifies to Congress that the United States is no longer involved in such negotiations. Requires the Secretary to report annually to Congress on the counter-space programs of foreign countries.
Directs the Secretary of the Air Force to enter into an agreement with a federally funded research and development center (FFRDC) to conduct an independent assessment of the national security implications of continuing to use foreign component and propulsion systems for launch vehicles under the evolved expendable launch vehicle program. Requires an assessment report from such FFRDC to the defense and appropriations committees.
Directs the Secretary to report to Congress on key space technologies that could be used, or are being sought, by a foreign country with a counter-space or ballistic missile program, and which therefore should be subject to export controls by the United States or its ally. Subtitle C: Intelligence-Related Activities -
Authorizes the DNI to provide geospatial intelligence support to regional organizations with defense or security components, and to security alliances of which the United States is a member. Requires the DNI, when exercising such authority, to: (1) ensure that such organization or alliance does not provide such intelligence and support to any other person or entity, (2) notify Congress, and (3) coordinate the provision of such intelligence and support with the commander of the appropriate combatant command.
Makes technical amendments to reflect the change in the name of the National Defense Intelligence College to the National Intelligence University. Subtitle D: Total Force Management -
Prohibits the obligation or expenditure of more than 80% of authorized DOD acquisition funding until the Secretary certifies to the defense and appropriations committees that the collection of data for meeting federal requirements of the Inventory of Contracts for Services has begun.
Requires the Secretary concerned or appropriate defense agency head to take necessary corrective action upon a determination of insufficient levels of government management, control, and oversight of functions within such department or agency closely associated with inherently governmental functions.
Requires the appropriate department Secretary or defense agency head to ensure that special management attention is being given to functions closely associated with inherently governmental functions. Subtitle E: Cyberspace-related Matters -
Amends the NDAA for Fiscal Year 2012 to affirm the Secretary's authority to conduct military activities in cyberspace, including a clandestine operation in cyberspace: (1) in support of a military operation pursuant to the Authorization for Use of Military Force against a target outside the United States, or (2) to defend against a cyber attack against a DOD asset.
Directs the Secretary to provide the defense committees with quarterly briefings on all offensive and significant defensive military operations in cyberspace. Requires the initial briefing no later than March 1, 2013. Subtitle F: Other Matters -
Requires the JCS Chairman to identify, assess, and approve military requirements to meet the national military strategy, and to ensure that life-cycle cost, schedule, and performance objectives are achieved in the acquisition of material solutions to meet such requirements. Requires the Joint Requirements Oversight Council to assist the JCS Chairman in such matters. Revises the roles of the chiefs of the military departments in the development and certification of requirements for equipping their respective military departments.
Amends the David L. Boren National Security Education Act of 1991 to include among individuals eligible for expedited federal hiring following completion of the national security education program those taking a position in the excepted service that is certified by the Secretary as contributing to the national security.
Requires the Secretary to provide an annual briefing to the defense and appropriations committees on the written policy guidance for the preparation and review of the program recommendations and budget proposals relating to national security objectives and contingency plans.
Amends the Hunter Act to extend through FY2013 the authority of the Secretary to waive reimbursement of the costs of activities of regional centers for security studies with respect to personnel of nongovernmental and international organizations who participate. Directs the CG to: (1) assess the effectiveness of such regional centers in advancing DOD priorities, and (2) submit assessment results to the defense and foreign relations committees.
General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $3.5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer. (Sec. 1003) Requires each of the Chiefs of Staff for the Army and the Air Force, the Chiefs of Naval Operations and the National Guard, the Commandant of the Marine Corps, and the Commander of the U.S. Special Operations Command to annually submit to the defense and appropriations committees a list of the unfunded priorities of that department. Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the Office of National Drug Control Policy Reauthorization Act of 2006 to authorize the Chief of the National Guard Bureau to extend for an additional five years the National Guard Counterdrug Schools. (Sec. 1012) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend to 2013 a reporting requirement on expenditures to support foreign counter-drug activities. (Sec. 1013) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2013 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia. (Sec. 1014) Amends the NDAA for Fiscal Year 2004 to extend through FY2013 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities. Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Amends the NDAA for Fiscal Year 2008 to require the Secretary of the Navy (under current law, the Secretary of Defense) to notify the defense and appropriations committees when determining that it would be impractical for any new class of naval ships to be nuclear-powered. (Sec. 1022) Prohibits more than 50% of Navy emergency and extraordinary expenses funds from being used until the Secretary includes in defense budget materials a naval vessel construction plan and certification. Subtitle D: Counterterrorism - (Sec. 1031) Provides findings affirming the authority pursuant to the Authorization for Use of Military Force (AUMF) to detain individuals determined to be engaged in armed conflict against the United States. (Sec. 1032) Provides findings regarding habeas corpus rights safeguarding individual freedom against arbitrary and lawless state action. (Sec. 1033) States that nothing in the AUMF or the NDAA for Fiscal Year 2012 shall be construed to deny the availability of the writ of habeas corpus in a court ordained or established by or under Article III of the Constitution for any person who is detained in the United States pursuant to the AUMF. (Sec. 1034) Extends through FY2014 DOD authority to pay rewards for providing U.S. government personnel with information or nonlethal assistance in combating terrorism against the United States. Directs the Secretary to report to the defense and appropriations committees on future requirements and authorities to make such rewards. (Sec. 1035) Prohibits an individual formerly detained at Naval Station Guantanamo Bay, Cuba (Guantanamo), who has been repatriated to Micronesia, the Marshall Islands, or Palau from being afforded the rights and benefits set forth in the Compact of Free Association. (Sec. 1036) Prohibits funds from this Act from being used to transfer, release, or assist in the transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at Guantanamo, by DOD. (Sec. 1037) Prohibits the Secretary from using DOD funds to transfer any individual detained at Guantanamo to the custody or control of such individual's country of origin, or to any other foreign country or entity, unless the Secretary, at least 30 days beforehand, has made a certification to Congress relating to such transfer. Requires the certification to include, among other things, that the country to which the individual is about to be transferred: (1) is not a designated state sponsor of terrorism or foreign terrorist organization; and (2) has agreed to take steps to ensure that the individual cannot engage or re-engage in any terrorist activity. Prohibits any such transfer if there is a confirmed case that any individual previously detained at Guantanamo and then transferred to a foreign country or entity subsequently engaged in a terrorist activity, but authorizes the Secretary to waive such prohibition in the interests of national security. (Sec. 1038) Prohibits FY2013 DOD funds from being used to construct or modify facilities in the United States or its territories or possessions in order to house detainees transferred from Guantanamo. (Sec. 1039) Requires: (1) the DNI to submit to the defense and intelligence committees an assessment of the factors that cause or contribute to the recidivism of Guantanamo detainees that are transferred or released to a foreign country, and (2) the Secretary to submit to the defense, intelligence, and foreign relations committees an assessment of the effectiveness of international agreements relating to the transfer or release of such individuals between the United States and each appropriate foreign country. (Sec. 1040) Directs the Secretary, within five days after first detaining an individual who is captured pursuant to the AUMF on a naval vessel outside the United States, to notify the defense committees of such detention. Requires a report from the Secretary to such committees on the use of naval vessels for such detentions. (Sec. 1041) Requires the Secretary to notify the defense and foreign relations committees at least 10 days prior to the proposed transfer of any individual detained pursuant to the AUMF who is a national of a country other than the United States or Afghanistan from detention at the Detention Facility at Parwan, Afghanistan, to the custody of the government of Afghanistan or any other country. (Sec. 1042) Directs the Secretary to report to the defense and foreign relations committees on the recidivism rates and related factors of individuals formerly detained at the Parwan Detention Facility. (Sec. 1043) Amends the NDAA for Fiscal Year 2012 to provide revised or additional requirements relating to the transfer of individuals detained at Guantanamo to foreign countries and entities. Requires the Secretary to provide a certification prior to such transfer by no later than 90 days (under current law, 30 days) before such transfer. Requires, additionally: (1) an assessment of the likelihood that a transferred individual will engage in terrorist activity thereafter, (2) a detailed summary of the individual's history of associations with foreign terrorist organizations, and (3) the individual's record of cooperation while in DOD custody. Subtitle E: Nuclear Forces - (Sec. 1051) Amends the NDAA for Fiscal Year 2012 to restate the sense of Congress with respect to the U.S. nuclear weapons employment strategy, plans, and options, and its oversight by Congress. Requires the Secretary to annually brief the defense and appropriations committees on such strategy, plans, and options. (Sec. 1052) Provides findings regarding DOD commitments for nuclear weapons stockpile modernization. (Sec. 1053) Expresses the sense of Congress that the United States is committed to: (1) ensuring the safety, security, reliability, and credibility of its nuclear forces; (2) proceeding with a robust stockpile stewardship program and maintaining U.S. nuclear weapons production capabilities and capacities; (3) reinvigorating and sustaining its nuclear security laboratories and preserving core nuclear weapons competencies; and (4) providing necessary resources to achieve these objectives. Amends the NDAA for Fiscal Year 2012 to require a report from the President to the defense, appropriations, and foreign relations committees in any year in which the President determines that an appropriations Act fails to meet the resource levels required in a plan for nuclear modernization activities referred to in the NDAA for Fiscal Year 2010. Prohibits the reduction of U.S. deployed nuclear warheads until the President certifies that the identified resources shortfall has been addressed and 120 days have elapsed following such certification. Provides an exception to such prohibited warhead reductions when made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems. (Sec. 1054) Prohibits the implementation of a new nuclear weapons employment strategy as provided under section 1051, above, until one year after a report describing such strategy has been submitted. Prohibits, during FY2012-FY2021, any DOD funds from being used to carry out the results of decisions made under the 2010 Nuclear Posture Review Implementation Study that would alter the current nuclear weapons employment strategy, guidance, plans, or options until the President certifies to the defense and appropriations committees, among other things, that the President has included the resources necessary to carry out such decisions and the resources have been provided in an appropriations Act. (Sec. 1055) Directs the President, beginning with FY2013, to annually certify to the defense and appropriations committees whether plans to modernize or replace strategic delivery systems are fully resourced and being executed at a level equal to or more than the levels set forth in the November 2010 update of a report on the plan for the nuclear weapons stockpile, complex, and delivery platforms. Provides that if the President certifies that plans to modernize or replace strategic delivery systems are not fully resourced or being executed, then no DOD funds for FY2012 or thereafter may be used to reduce, convert, or eliminate such systems until 120 days after such certification. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems. (Sec. 1056) Amends the NDAA for Fiscal Year 2012 to require the President, during any year when recommending to reduce the number of nuclear weapons by greater than 1% of their total, to certify to the defense and appropriations committees whether such reduction will cause the number of such weapons to be fewer than the number of such weapons in the active and inactive stockpiles of the Russian Federation. Provides that if the President makes a positive certification, then none of the funds for DOD or the NNSA for FY2012 or thereafter may be used to carry out such a reduction until 180 days after the President submits to the defense and appropriations committees a report by the Commander of the U.S. Strategic Command detailing whether the reduction would create a strategic nuclear forces imbalance between the United States and the Russian Federation. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems. (Sec. 1057) Prohibits, during any year in which the President recommends any reductions in U.S. nuclear forces, any funds made available to DOD or NNSA from being used for such reductions until: (1) the President provides the defense, appropriations, and foreign relations committees with certain information concerning the nuclear weapons capacity of foreign countries; and (2) the Commander of the U.S. Strategic Command certifies to such committees that such reductions will not, among other things, impair the ability of the United States to address unplanned strategic or geopolitical events or technical challenges. (Sec. 1058) Amends the NDAA for Fiscal Year 2012 to direct the President, beginning with FY2013, to certify to the defense and appropriations committees whether: (1) the construction of both the Chemistry and Metallurgy Research Replacement Building and the Uranium Processing Facility will be completed by no later than 2021, and (2) both facilities will be operational by no later than 2024. Provides that, if the President makes a positive determination with respect to such certification, then no funds available to DOD or NNSA for FY2012 or thereafter may be used to reduce nondeployed nuclear warheads until 120 days after such certification. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems. (Sec. 1059) Expresses the sense of Congress that reducing the number of nuclear warheads on each U.S. intercontinental ballistic missile (ICBM) does not promote strategic stability if at the same time other nuclear weapon states including the Russian Federation and China are rapidly increasing the warhead-loading of their land-based missile forces. Prohibits, during any year in which the President proposes to reduce the number of nuclear warheads on a U.S. ICBM, any funds made available to DOD or NNSA from being used for such reduction if it results in such missile having only a single nuclear warhead unless the President certifies to the defense and appropriations committees that the Russian Federation and China are also carrying out a similar reduction. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems. (Sec. 1060) Expresses U.S. policy with respect to: (1) the reduction, consolidation, or withdrawal of U.S. nuclear forces based in Europe in light of the strategic and nonstrategic nuclear weapons threat from the Russian Federation; and (2) the extended U.S. nuclear deterrence commitment in Europe for purposes of NATO and U.S. allies. Prohibits the use of DOD funds in FY2012 and thereafter to effect or implement the reduction, consolidation, or withdrawal (reduction) of U.S. nuclear forces based in Europe unless: (1) the reduction is requested by the government of the host nation, (2) the President makes a specified certification with respect to NATO agreement with the reduction or of a reciprocal reduction by the Russian Federation, or (3) the reduction is specifically authorized by an Act of Congress. Requires the President, upon a positive reduction determination, to notify the defense and foreign relations committees of such reduction, its justification, and how NATO-member states assess the credibility of the U.S. deterrence capacity in Europe. Prohibits the President from commencing such a reduction until 180 days after such certification. (Sec. 1061) Requires the Chairman of the Nuclear Weapons Council (jointly operated by DOD and DOE) to disseminate to each Council member each meeting's agenda and documents at least seven days in advance. Makes the Council responsible for coordinating and approving annual NNSA budget proposals. (Sec. 1062) Establishes the Interagency Council on the Strategic Capability of the National Laboratories to, among other things, identify and consider the adequacy of the science, technology, and engineering capabilities of the national laboratories. Requires an activities report from the Council to Congress. (Sec. 1063) Directs the Commander of the U.S. Strategic Command to report to the defense, appropriations, and foreign relations committees on the underground tunnel network used by China as it relates to U.S. capability to use conventional and nuclear forces to neutralize such tunnels and what is stored there. (Sec. 1064) Expresses the sense of Congress in support of reinforcing the security of U.S. allies and strengthening U.S. deterrent capability against the illegal and increasingly belligerent actions of North Korea. Requires a report from the Secretary to the defense and appropriations committees on deploying additional conventional and nuclear forces to the Western Pacific region to ensure the presence of a robust conventional and nuclear capability there. (Sec. 1065) Expresses the sense of Congress that the U.S. nuclear force structure should be periodically reexamined to assess assumptions that shape the structure, size, and targeting of such forces and to ensure that such forces are structured, sized, and targeted: (1) to be capable of holding at risk the assets that potential adversaries value, and (2) to provide robust extended deterrence and assurance to U.S. allies. Subtitle F: Studies and Reports - (Sec. 1066) Directs the Secretary to submit to the defense, appropriations, and science committees an assessment of the DOD use of electromagnetic spectrum. Requires an interim update on the status of such report. (Sec. 1067) Directs the Secretary to review and update DOD guidance related to electronic warfare to ensure that oversight roles and responsibilities related to electronic warfare policy and programs are clearly defined. Amends the NDAA for Fiscal Year 2010 to add in a required report information on electronic warfare strategy performance measures. (Sec. 1068) Requires the Secretary to submit to the defense and appropriations committees the operational capabilities, limitations, and shortfalls within DOD with respect to counterproliferation and combating weapons of mass destruction involving special operations forces and key enabling forces. Subtitle G: Miscellaneous Authorities and Limitations - (Sec. 1071) Amends the Skelton Act to allow a member's mental health professional or commanding officer to inquire if the member owns any firearms or other weapons, if such professional or officer reasonably believes that the member is at high risk for suicide or causing harm to others. (Sec. 1072) Authorizes the Secretary, in order to meet the needs of an eligible organization with respect to performing funeral and other ceremonies, to: (1) loan or donate excess small arms to such organization, (2) authorize the organization to retain small arms other than M-1 rifles, or (3) prescribe policies and procedures to establish a rotational loan program based on the organization's need. (Sec. 1073) Prohibits funds from this Act from being used for manufacturing production beyond the greater of low-rate initial production or 1000 units at a prototype integration facility of specified components of the Army Research, Development, and Engineering Command. Authorizes a waiver of such prohibition by the Assistant Secretary of the Army for Acquisition, Logistics, and Technology for reasons of national security or to rapidly respond to combat emergencies. (Sec. 1074) Directs the Secretary to collaborate with the Administrator of the Federal Aviation Administration (FAA) and the Administrator of the National Aeronautics and Space Administration (NASA) to conduct research and seek solutions to challenges associated with the safe integration of unmanned aircraft systems into the National Airspace System in accordance with the FAA Modernization and Reform Act of 2012. Requires the Secretary to report annually to Congress, until five years after the enactment of this Act, on the progress of collaborative research activity. (Sec. 1075) Authorizes the Secretary to transfer surplus mine-resistant ambush-protected vehicles and their parts to non-profit U.S. humanitarian demining organizations. Requires 60 days' advance congressional notification before any such transfer. (Sec. 1076) Prohibits FY2013 DOD funds from being used to divest, retire, or transfer any: (1) C-23 Army aircraft assigned to the Army as of May 31, 2012, or (2) Air Force aircraft assigned to the Air Force as of such date. Authorizes the Secretary to waive such limitation after certifying to the defense and appropriations committees that the waiver is necessary to meet an emergency national security requirement and waiting 15 days after such certification. Directs the Secretary to submit to such committees a report, submitted by the military department chiefs of staff and approved by the Secretary, that contains an economic analysis and alternative options with respect to all aircraft proposed to be retired during FY2013-FY2017. Requires the CG to carry out an economic analysis of realignment decisions made and alternative options considered by the Secretary with respect to such aircraft, and to submit such analysis to such committees. (Sec. 1077) Prohibits any person from restricting a DOD civilian employee (under current law, only a member of the Armed Forces) from communicating with a Member of Congress or an Inspector General. Provides that such prohibition also precludes the use of a nondisclosure agreement to restrict communication, but allows the use of such agreements to prevent the disclosure of: (1) deliberations regarding the closure or realignment of a military installation under a base closure law, (2) commercial proprietary information, and (3) classified information exceeding the clearance level held by the requestor. Subtitle H: Other Matters - (Sec. 1081) Establishes a bipartisan independent strategic review panel to conduct: (1) regular (every four years) reviews of the national defense strategic environment, and (2) an independent assessment of the currently-required quadrennial defense review. Requires panel reports after each such review: (1) to the defense and appropriations committees, the Secretary, and the National Security Council, with respect to the national defense strategic environment; and (2) such committees and the Secretary, with respect to quadrennial defense review assessments. Requires such panel to: (1) begin a review of the future of the Army relating to force structure and resource requirements, and (2) report review results to such committees and the Secretary. (Sec. 1082) Directs the Secretary to notify the above committees upon determining that a report required by law to be submitted to Congress by a DOD official will not be submitted by the required date. (Sec. 1083) Makes technical and clerical amendments to various prior national defense authorization Acts and federal provisions. Repeals certain expired provisions.
Civilian Personnel Matters - Subtitle A: General Provisions - (Sec. 1101) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Thurmond Act) to increase from 40 to 60 the number of individuals authorized to be appointed by the Secretary to science and engineering positions within the Defense Advanced Research Projects Agency (DARPA). (Sec. 1102) Authorizes government-provided or reimbursed transportation of family pets of federal civilian employees during evacuations from permanent stations outside the United States. (Sec. 1103) Extends through FY2017 the authority for the direct hiring of individuals for certain federal acquisition programs when there is a severe shortage of qualified individuals or a critical hiring need. (Sec. 1105) Requires the Secretary to notify the defense and appropriations committees at least 60 days before implementing any change in the policy regarding senior mentors. Subtitle B: Interagency Personnel Rotations - (Sec. 1111) Interagency Personnel Rotation Act of 2012 - Establishes the Committee on National Security Personnel (Committee) within the Executive Office of the President. Establishes a Committee Board. Authorizes appropriations. Terminates the National Security Professional Development Integration Office within DOD. Transfers the functions of such Office to either the OMB or OPM, as determined by the Committee. Requires the Committee to identify National Security Interagency Communities of Interest (ICIs) for purposes of carrying out this Subtitle and to provide for employees serving in an ICI position to be assigned on a rotational basis to another ICI position that is within a related agency or within an interagency body. Defines "ICI position" as a position that has significant responsibility in interagency activities related to national security or homeland security. Requires that participation in the rotational service be voluntary. Provides for appropriate participant training. Requires the establishment of two ICIs, one for emergency management and one for stabilization and reconstruction. Requires the Committee, every four years, to issue a National Security Human Capital Strategy to develop the national security and homeland security personnel necessary to accomplish national security and homeland security objectives that require the integration of personnel and activities from multiple executive branch agencies. Directs the CG to study the rotational service performed, and report study results to Congress.
Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 the Commanders' Emergency Response Program (urgent humanitarian and reconstruction relief) in Afghanistan. (Sec. 1202) Amends the NDAA for Fiscal Year 2006 to include small-scale military construction within authorized activities under a DOD program to build the capacity of foreign military forces to conduct counterterrorism and stability operations. Provides FY2013 limits on expenditures for such construction. Allows up to 20% of the FY2013 funds for all authorized activities to be used during FY2014, upon notification of the defense and appropriations committees. (Sec. 1203) Amends the NDAA for Fiscal Year 2010 to extend through FY2015 DOD authority to enter into international defense personnel exchange agreements. Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the NDAA for Fiscal Year 2008 to extend through FY2013 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations in Afghanistan and Pakistan. Decreases the amount of such funding. Prohibits FY2013 reimbursements to Pakistan unless the Secretary submits to the defense and appropriations committees: (1) a report on conditions and caveats placed by Pakistan on the use of its supply routes, and (2) a certification of Pakistan's commitment in supporting counterterrorism operations and related matters. (Sec. 1212) Amends the NDAA for Fiscal Year 2012 to allow operations and activities of the Office of Security Cooperation in Iraq using DOD funds to include training and assisting Iraqi Ministry of Defense personnel. Provides an FY2013 limitation on such funding. Requires the Secretary to submit a report on such Office to the defense, appropriations, and foreign relations committees. (Sec. 1213) Amends the Skelton Act to extend through FY2013 DOD authority to use funds for former insurgent reintegration activities in Afghanistan. Reduces the FY2013 funding under such authority. (Sec. 1214) Expresses the sense of Congress that the best security and force protection for U.S. Armed Forces garrisoned and housed in Afghanistan can be provided by U.S. military personnel as opposed to private security contractors or members of the Afghan Public Protection Force. Prohibits DOD funds from being used for providing such protection by private contractors of such Protection Force. Directs the President to ensure that a sufficient number of U.S. Armed Forces are trained and available to provide such security and force protection. Authorizes the President to waive the funding prohibition after certifying to Congress concerning the adequacy of private contractor or Protection Force protection. Directs the Secretary to report quarterly to the defense and appropriations committees on any attempted and successful attacks on U.S. personnel in Afghanistan by the Afghan National Security Forces, the Afghan Public Protection Force, and private security contractors. (Sec. 1215) Directs the CG, within 180 days after any substantial update or modification to the campaign plan for Afghanistan, to report to the defense and appropriations committees on the updated or modified plan, including an assessment. Terminates the report requirement at the end of FY2014. (Sec. 1216) Expresses the sense of Congress (among other things): (1) recognizing significant progress by U.S. and coalition forces toward security and stability in Afghanistan; (2) wishing to ensure that such progress is maintained as the United States transfers the lead for such security and stability to the Afghan National Security Forces; and (3) stating that the President should take certain actions to promote further stability and security in Afghanistan, including appropriate U.S. troop presence there in upcoming years. Directs the President to notify the defense and appropriations committees prior to any decision to reduce the number of U.S. Armed Forces deployed there below the number deployed as of the end of 2012 through 2014. (Sec. 1217) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 the Pakistan Counterinsurgency Fund. Prohibits the obligation of more than 10% of such funding during FY2013 until the Secretary submits to Congress an update on the strategy for utilizing Fund amounts, as well as metrics used to determine progress in Fund purposes. Subtitle C: Matters Relating to Iran - (Sec. 1221) Declares that it is the policy of the United States to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon. (Sec. 1222) Expresses the sense of Congress that: (1) military exercises conducted in the Persian Gulf and Gulf of Oman emphasize U.S. policy and resolve by enhancing U.S. military and allied forces readiness, as well as signaling Iran of the U.S. commitment to defend its vital national security interests; and (2) the President should augment the presence of the U.S. Fifth Fleet in the Middle East by conducting military readiness activities to underscore U.S. policy and resolve. Directs the Secretary to prepare and submit to the defense and appropriations committees a plan for such augmentation. (Sec. 1223) Amends the NDAA for Fiscal Year 2010 to require an annual report on the military power of Iran to include an assessment by the Commander of the U.S. Central Command on any gaps in U.S. intelligence and military capabilities to counter Iranian threats or prevent its development of a nuclear weapon. Subtitle D: Reports and Other Matters - (Sec. 1231) Amends the NDAA for Fiscal Year 2000 to require the inclusion, in an annual report on military and security developments involving China, the strategy, goals, and capabilities of Chinese space programs and cyber activities. Requires the Commander of the U.S. Pacific Command to provide an assessment of any gaps in U.S. intelligence and military capabilities to counter challenges posed by China. (Sec. 1232) Amends the NDAA for Fiscal Year 2012 to extend through 2013 a required report on military and security developments involving North Korea. Requires the Commander of the U.S. Pacific Command to assess any gaps in U.S. intelligence and military capabilities to counter threats from North Korea. (Sec. 1233) Directs the Secretary, in each of 2013 through 2015, to report to the defense, appropriations, and foreign relations committees on the direct, indirect, and burden-sharing contributions made by host nations to support U.S. Armed Forces deployed in such country. (Sec. 1234) Amends the NDAA for Fiscal Year 2010 to extend through FY2013 the authorization of appropriations for the NATO Special Operations Headquarters. Prohibits more than 50% of such FY2013 funds from being obligated or expended until 30 days after the Secretary finalizes and formalizes the U.S. Special Operations Command as the executive agent and lead component of such Headquarters. (Sec. 1235) Directs the Secretary to report annually through 2015 on the export of missile defense technology to foreign countries that export space, counter-space, and ballistic missile equipment, material, and technology that could be used in other countries' space, counter-space, and ballistic missile programs. (Sec. 1236) Prohibits FY2012-FY2013 DOD funds from being used to provide the Russian Federation with classified information regarding: (1) U.S. missile defense technology, including hit-to-kill technology; or (2) sensitive technical, warning, detection, tracking, targeting, telemetry, command and control, and battle management data that support U.S. missile defense capabilities. Prohibits any such funds from being used to provide the Russian Federation with access to missile defense technology or other technical data not described above until 30 days after the President has submitted to the defense and foreign relations committees: (1) a report concerning the specific technology or data to be provided, and (2) a certification concerning the security and protection of such technology or data and the presence of equitable access by the United States to such technology or data of the Russian Federation. (Sec. 1237) Expresses the sense of Congress that any missile defense cooperation agreement between the United States and the Russian Federation should not be considered legally or politically binding unless it is specifically approved with the advice and consent of the Senate or specifically authorized by an Act of Congress. Provides the same requirements with respect to any agreement with a country or international organization or amendment to the New START Treaty concerning limitations on U.S. missile defense capabilities. Directs the President to annually notify the defense, appropriations, and foreign relations committees whether: (1) the Russian Federation has recognized the sovereign right of the United States to pursue improvements in its missile defense capabilities, and (2) during any negotiations a Russian Federation representative suggested that a treaty or other agreement include restricting U.S. missile defense capabilities or reducing the number of non-strategic nuclear weapons deployed in Europe. Prohibits any DOD funds for FY2012 or thereafter from being used to implement a defense technology cooperation agreement between the two countries until 60 days after the President transmits such agreement to the defense and appropriations committees. Prohibits any FY2012-FY2013 DOD funds from being used to implement a missile defense agreement between the two countries until 30 days after the President submits to the defense and foreign relations committees the draft agreement discussed at Deauville, France, in May 2011.
Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2013 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, (6) the Defense Health Program, and (7) Army cemeterial expenses. Subtitle B: National Defense Stockpile - (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2013, to obligate up to $44,899,227 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations. (Sec. 1412) Amends the Strategic and Critical Materials Stock Piling Act to include as an NDS objective the avoidance of a single point of failure in the acquisition of NDS materials in times of national emergency. Subtitle C: Other Matters - (Sec. 1421) Directs the Secretary to transfer specified funds from the Pentagon Reservation Maintenance Revolving Fund to the Miscellaneous Receipts Fund of the Treasury. (Sec. 1422) Earmarks specified funds for transfer from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act. (Sec. 1423) Authorizes appropriations for FY2013 for the Armed Forces Retirement Home.
Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1501) Authorizes appropriations for DOD for FY2013 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General. Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $3 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year. Subtitle C: Limitations and Other Matters - (Sec. 1531) Requires Joint Improvised Explosive Device Defeat Fund report requirements originally required under the Warner Act to apply to funds made available for such Fund for FY2013. Requires a monthly Fund obligation and expenditure report during FY2013 from the Secretary to the defense and appropriations committees. (Sec. 1532) Amends the Skelton Act to extend into 2013 project authority and related requirements of the Task Force for Business and Stability Operations in Afghanistan. Reduces the scope of authorized projects to those related to mining and natural resource industries in Afghanistan. Reduces FY2013 funding. Prohibits the obligation of any FY2013 funds until the Secretary notifies Congress that Task Force activities will be transitioned to the State Department by the end of FY2013. (Sec. 1533) Requires funds authorized for the Afghanistan Security Forces Fund in FY2013 to be subject to Fund use and other conditions outlined under the NDAA for Fiscal Year 2008. Prohibits any such funds from being obligated or expended for the Afghan Public Protection Force (APPF) until the Secretary makes a certification to the defense and appropriations committees relating to the contents of each subcontract for APPF services, or under any agreement between the United States and Afghanistan for services provided by the APPF. Outlines additional certification requirements relating to the training and performance of APPF personnel, including within areas of U.S. combat operations. Requires the Secretary to provide the defense and appropriations committees, during FY2013-FY2014, with quarterly assessments of the APPF.
Industrial Base Matters - Subtitle A: Defense Industrial Base Matters - (Sec. 1601) Disestablishes the Defense Materiel Readiness Board, and closes the Defense Strategic Readiness Fund. Repeals a provision of the NDAA for Fiscal Year 2008 authorizing the Secretary to designate critical materiel readiness shortfalls. (Sec. 1602) Requires each defense assessment of the effects of foreign boycotts to include a separate assessment of their effects on the U.S. national technology and industrial base. (Sec. 1603) Authorizes the Secretary to establish and implement a pilot program to accelerate the development and fielding of research innovations from qualifying institutions having past performance in technology transition or commercialization of third-party research. Provides funding from DOD RDT&E funds. Requires a report from the Secretary to the defense and appropriations committees on the effectiveness of activities under the pilot program. Terminates the pilot program at the end of FY2017. (Sec. 1604) Directs the Secretary to develop a national security strategy for the national technology and industrial base (NTIB). Adds as NTIB objectives: (1) ensuring reliable sources of materials that are critical to national security, and (2) reducing the presence of counterfeit parts in the supply chain and the risk associated with such parts. Requires the strategy developed to to be considered in the development and implementation of acquisition plans for each MDAP. Subtitle B: Department of Defense Activities Related to Small Business Matters - (Sec. 1611) Directs the Secretary to establish a pilot program to assist in the growth and development of advanced small businesses (small businesses with fewer than twice the number of employees of as Small Business Administration [SBA] standard small businesses, or less than three times their average annual receipts). Prohibits such businesses from being eligibile for any assistance provided under the Small Business Act or the Small Business Investment Act of 1958, unless specifically provided in the pilot program. Directs the Secretary to: (1) develop and issue guidance to implement the program; and (2) report annually, for the duration of the program, to the defense and small business committees. Terminates the program three years after the implementation guidance is issued. (Sec. 1612) Directs the Secretary to develop and issue guidance to ensure that the head of each Office of Small Business Programs in DOD is a participant in DOD or military department requirements development and acquisition decision processes. (Sec. 1613) Requires the Secretary to designate within each defense audit agency a Small Business Advocate to: (1) advise the director of that audit agency on all issues related to small businesses, (2) serve as that agency's primary point of contact and information source for small businesses, (3) collect relevant data and monitor that agency's conduct of audits of small businesses, and (4) develop and implement processes and procedures to improve that agency's performance in the timeliness of audits of small businesses and its responsiveness to issues or matters raised by small businesses. (Sec. 1614) Directs the Secretary to: (1) contract with a FFRDC to conduct an independent assessment of DOD's procurement performance related to small businesses, and (2) submit assessment results to the defense and appropriations committees. (Sec. 1615) Directs the Secretary to select an appropriate entity outside DOD to conduct an independent review and assessment of the transition of technologies developed by small businesses, such as those developed under the Small Business Innovation Research Program, into major weapon systems and major automated information systems for DOD. Requires an assessment report: (1) from the chosen entity to the Secretary, and (2) from the Secretary to the defense and appropriations committees. (Sec. 1616) Amends the Inspector General Act of 1978 to direct the DOD Inspector General to conduct peer reviews of DOD audit agencies with and in such frequency as provided by government auditing standards established by the CG. Directs the Inspector General, in a required semiannual report, to include information on contract audits and on any DOD audit agency that either failed audit requirements or is overdue for a peer review. (Sec. 1617) Amends the Small Business Act to authorize the Secretary and the Secretary concerned to use up to 1% of funds available to each under the Small Business Innovation Research Program for administrative expenses of DOD's Commercialization Readiness Program. Subtitle C: Matters Relating to Small Business Concerns - Part I: Procurement Center Representatives - (Sec. 1621) Amends the Small Business Act to replace the position of breakout procurement representative within SBA with the position of procurement center representative. Requires such representatives to, among other things, review any acquisition plan with respect to a procurement requirement, and make recommendations regarding procurement method determinations and acquisition plans. Removes the requirement that such representatives review restrictions on competition, instead requiring them to review barriers to small business participation in federal contracting, as well as any bundled or consolidated solicitation or contract. Requires such representatives to: (1) have electronic access to any acquisition plan developed or in development with respect to a procurement activity, (2) be an advocate for the maximum practicable utilization of small businesses in federal contracting, and (3) be notified of and included in all applicable acquisition planning processes. (Sec. 1622) Directs the Defense Acquisition University and the Federal Acquisition Institute to each provide a course on contracting requirements under the Small Business Act. Requires SBA business opportunity specialists to have a Level I Federal Acquisition Certification in Contracting. Directs the CG to study, and report to the small business committees on, the relationship between the size and quality of the acquisition workforce and the federal government's ability to maximize the utilization of small business in federal procurement. (Sec. 1623) Requires each federal department or agency having contracting authority to: (1) enumerate opportunities for participation by small businesses during all acquisition planning processes and in all acquisition plans, and (2) invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization and procurement center representative in such planning processes and provide Director and representative access to all acquisition plans in development. Part II: Goals for Procurement Contracts Awarded to Small Business Concerns - (Sec. 1631) Raises from 23% to 25% the governmentwide prime contract award goal for participation by small business concerns and makes the governmentwide subcontract participation award goal 40% for such businesses. Revises percentage goals for awards to small businesses owned and controlled by service-disabled veterans, qualified HUBZone (historically underutilized business zone) small businesses, small businesses owned by socially and economically disadvantaged individuals, and small businesses owned by women (small business categories). Requires the small business procurement goals established by the head of each federal agency participating in federal procurement contracts to: (1) be in the same format as the goals established by the President, (2) address both prime contract and subcontract awards, and (3) meet or exceed the government-wide goals for each small business category. Requires each agency head to: (1) consult with the SBA Administrator in establishing agency goals, and (2) develop a plan for achieving agency goals. (Sec. 1632) Revises requirements concerning information required to be included in annual reports from: (1) agency heads to the Administrator concerning the extent of small business participation in that agency's procurement contracts; and (2) the Administrator to the President and Congress on whether individual agency goals were achieved, as well as reasons for any failure to achieve such goals. Requires, in the latter reports, information concerning the number and dollar amounts of prime contracts awarded to small businesses owned by an Alaska Native Corporation. (Sec. 1633) Requires training programs established for the development of federal senior executives to include training with respect to federal procurement requirements, including those under the Small Business Act. Requires agency heads to ensure that performance evaluations of such individuals who are responsible for acquisition include consideration of the agency's success in achieving small business contracting goals and percentages. Part III: Mentor-Protege Program - (Sec. 1641) Authorizes the SBA Administrator to establish a mentor-protege program for all small businesses. (Under current law, the SBA mentor-protege program is limited to small businesses participating in the section 8(a) guaranteed loan program.) Prohibits a federal department or agency from carrying out a mentor-protege program for small businesses unless the head of such department or agency submits a program plan to the Administrator and the Administrator approves it. Requires the Administrator to approve or disapprove a plan based on whether the proposed program: (1) will assist proteges to compete for federal prime contracts and subcontracts, and (2) complies with program regulations issued by the Administrator under this Act. Requires the Administrator to issue regulations with respect to mentor-protege programs to ensure that they improve the ability of proteges to compete for federal prime contracts and subcontracts. Requires annual reports from the Administrator to the small business committees concerning such programs. (Sec. 1642) Directs the CG to conduct a study to: (1) update a study required under the Small Business Jobs Act of 2010 concerning mentor-protege programs for small businesses participating in the SBA section 8(a) guaranteed loan program, (2) examine whether potential affiliation issues between mentors and proteges under prior programs have been resolved by the date of enactment of this Act, and (3) examine whether the regulations issued pursuant to the Small Business Act have increased opportunities for mentor-protege pairs and decreased the paperwork required for such pairs participating in programs at multiple agencies. Part IV: Transparency in Contracting - Subpart A: Limitations on Subcontracting - (Sec. 1651) Places, subject to stated exceptions, limits on subcontracting expenditures, including prohibiting a small business receiving a guaranteed loan through the SBA from expending: (1) more on subcontractors than 50% of the loan amount received in the case of a contract for services, and (2) more on supplies than 50% of the loan amount received, less the cost of materials, in the case of a contract for services. Requires a small business, in the case of a contract for supplies from a regular dealer, to supply the product of a domestic small business manufacturer or processor, unless the SBA grants a waiver. (Sec. 1652) Provides penalties for violations of the above limitations. Subpart B: Subcontracting Plans - (Sec. 1655) Requires each subcontracting plan submitted to federal agencies to contain assurances that the offeror or bidder will: (1) report on subcontracting activities throughout the life of the contract, and (2) cooperate with any study or survey required by the federal agency or SBA to determine the extent of compliance with the subcontracting plan. Directs the Administrator to ensure that the federal subcontracting reporting system to which such reports are submitted is modified to notify the Administrator, the appropriate contracting officer, and the appropriate Director of Small and Disadvantaged Business Utilization if an entity fails to submit a required report. Makes such failure a breach of contract for which appropriate action may be taken. Provides that if an agency procurement center or commercial market representative determines that a subcontracting plan fails to provide the maximum practicable opportunity for small businesses to participate, such representative may delay acceptance of the plan for a 30-day period for plan alteration. Subpart C: Publication of Certain Documents - (Sec. 1658) Allows a federal agency to convert a function from performance by a small business to performance by a federal employee only if the agency has made publicly available the procedures and methodologies for such a decision. Part V: Small Business Concern Size Standards - (Sec. 1661) Requires the Administrator, in conducting a rulemaking to revise, modify, or establish size standards, to consider and address: (1) the industry for which the new standard is proposed, (2) the competitive environment for that industry, (3) the approach used to develop the proposed standard, and (4) the anticipated effect of the proposed rulemaking on the industry. Authorizes the Administrator, when establishing small business size standards, to establish or approve a single standard for a grouping of four-digit North American Industrial Classification codes only if the Administrator makes publicly available, no later than the date on which it is established or approved, a justification that such standard is appropriate for each individual industry classification in the grouping. Part VI: Contract Bundling - (Sec. 1671) Consolidates SBA provisions relating to contract bundling (the consolidation of two or more procurement requirements into a solicitation for a single prime contract that is unlikely, because of its size or complexity, to be suitable for award to a small business). Requires the Procurement Activity (Activity) of a federal department or agency (agency), at least 45 days prior to the issuance of a solicitation, to provide to that Activity's procurement center representative a copy of the proposed procurement together with, among other things, the number of small businesses that could be excluded from bidding if the contract is a bundled contract. Requires the Administrator, in the case of a previously bundled contract that is to be recompeted as a bundled contract, to determine, among other things, the amount of savings and benefits achieved under the bundling. Requires a procurement center representative who believes that a procurement as proposed will render small business prime contract participation unlikely to recommend to the Activity alternative procurement methods to increase small business contracting opportunities. Requires the head of an agency, before proceeding with an acquisition strategy that could lead to a bundling of contract requirements, to conduct market research to determine whether bundling is necessary and justified. Prohibits an agency head from carrying out an acquisition strategy that includes bundled contracts valued in excess of certain thresholds unless the senior procurement executive for such agency certifies to the agency head that steps will be taken to include small businesses in the acquisition strategy prior to its implementation. Allows a small business, in the case of a bundled contract, to submit an offer that provides for the use of a team of subcontractors for contract performance. Directs the Administrator to develop and maintain a database of information on each bundled contract awarded by an agency and each small business displaced as a prime contractor as a result of such award. Requires annual reports from the Administrator to the small business committees on federal contract bundling, including cost savings and impact on small businesses. Requires: (1) each federal agency to include in each solicitation for any multiple award contract above certain thresholds a provision soliciting bids from any responsible source, including small businesses and teams or joint ventures of small businesses; and (2) the Federal Acquisition Regulatory Council to establish and publish a government-wide policy regarding contract bundling. (Sec. 1672) Repeals redundant contract bundling provisions and makes technical amendments. Part VII: Increased Penalties for Fraud - (Sec. 1681) Provides that in cases of small business fraud, including misrepresentation of status, the penalties provided shall not apply if the defendant acted in reliance on a written advisory opinion from a licensed attorney who is not an employee of the defendant. Requires the Administrator to: (1) issue rules defining an advisory opinion for such purposes, and (2) issue a compliance guide to assist businesses in accurately determining their small business status. (Sec. 1682) Establishes in the SBA an Office of Hearings and Appeals, headed by a Chief Hearing Officer, which shall: (1) impartially decide matters where Congress designates that a hearing on the record is required or which the Administrator designates by regulation or otherwise, and (2) contain the SBA's Freedom of Information/Privacy Acts Office. (Sec. 1683) Includes as a misrepresentation, for SBA purposes, any misrepresentation established by a preponderance of the evidence (in the case of debarment) or adequate evidence (in the case of suspension). Directs the Administrator to publish on the SBA website the standard operating procedures for such debarments and suspensions. (Sec. 1684) Directs the Administrator to report annually to the small business committees on debarment and suspension actions. Part VIII: Offices of Small and Disadvantaged Business Units - (Sec. 1691) Requires each Director of Small and Disadvantaged Business Utilization (established in each federal agency having procurement powers) to be compensated at least at the GS-15 rate. Includes as additional duties of each Director: (1) reviewing and advising on decisions to convert an activity performed by a small business to an activity performed by a federal employee; (2) providing advice and comments on acquisition strategies, market research, and justifications related to small business; (3) providing training to small businesses and contract specialists; (4) carrying out exclusively the duties enumerated under the Small Business Act and, while Director, not holding any other title, position, or responsibility except as necessary to carry out such duties; and (5) reporting annually to the small business committees on the provision of small business and contract specialist training. (Sec. 1692) Amends the Federal Acquisition Streamlining Act of 1994 to require the Small Business Procurement Advisory Council to: (1) conduct reviews of each Office of Small and Disadvantaged Business Utilization to determine compliance with SBA requirements, (2) identify best practices for maximizing small business utilization in federal contracting, and (3) report annually to the small business committees on such reviews and best practices. Part IX: Other Matters - (Sec. 1695) Raises the maximum surety bond amount under SBA contracts from $2 million to $6.5 million. Authorizes the Administrator to guarantee a surety for a total work order or contract amount of up to $10 million, if a contracting officer of a federal agency certifies that such a guarantee is necessary. Outlines conditions under which the Administrator may be relieved of surety liability, including fraud or misrepresentation by the surety or breach of a material term or condition of the guarantee agreement. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2013 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2015, or the date of enactment of an Act authorizing funds for military construction for FY2016, whichever is later, with an exception. Title XXI [sic]: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to carry out architectural engineering services and construction design activities with respect to the construction and improvement of military family housing. Authorizes appropriations to the Army for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects. Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Extends certain prior-year Navy military construction projects. Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects. Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out other-than-military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments). Modifies or extends certain prior-year DOD construction projects. Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2012 for military construction and land acquisition for chemical demilitarization. Modifies a prior-year chemical demilitarization project. Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2012 for such Program. Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves. (Sec. 2606) Authorizes appropriations for fiscal years after 2012 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities. Subtitle B: Other Matters - (Sec. 2611) Modifies the authority of the Secretary of the Army to carry out certain prior-year Army National Guard and reserve military construction projects. (Sec. 2613) Extends certain prior-year National Guard and reserve military construction projects. Title XXVII: Base Realignment and Closure Activities - Subtitle A: Authorization of Appropriations - (Sec. 2701) Authorizes appropriations for fiscal years after 2012 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990. (Sec. 2702) Authorizes appropriations for fiscal years after 2012 for base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005. Subtitle B: Other Matters - (Sec. 2711) Replaces the Department of Defense Base Closure Accounts 1990 and 2005 with a single Department of Defense Base Closure Account. Provides authorized Account uses. Prohibits the use of Account funds for new military construction under a base closure law. Provides for the disposal or transfer of commissary stores and related property purchased with nonappropriated funds. Requires a report from the Secretary to the defense and appropriations committees after each year in which the Secretary utilizes Account funds, as well as a final report when such Account is closed. (Sec. 2712) Directs the Secretary of the Air Force to retain an Air Armament Center at Eglin Air Force Base, Florida, with the same mission elements, responsibilities, and capabilities as existed upon completion of the recommendations of the 2005 Base Closure and Realignment Commission regarding such installation, until such elements, responsibilities, and capabilities are modified pursuant to current or subsequent law. (Sec. 2713) Prohibits anything in this Act from being construed as authorizing an additional base closure and realignment round and prohibits any of the funds appropriated pursuant to an authorization in this Act from being used to propose, plan for, or execute an additional round. Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Requires the commander of each military installation to ensure that an installation master plan is developed to address environmental planning, sustainable design and development, sustainable range planning, real property master planning, and transportation planning. (Sec. 2802) Directs each military department Secretary to prescribe regulations to oversee and manage a military housing privatization project during the sustainment phase of the project following completion of construction or renovation of the housing units. Requires information concerning oversight and accountability for privatization projects to be included in required annual reports on contracts for the acquisition or construction of military family housing. (Sec. 2803) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 1994 to extend through FY2013 the temporary, limited authority to use O&M funds for construction projects outside the United States. Extends related report requirements. (Sec. 2804) Designates as military construction projects (and therefore subject to advance-project authorization requirements and annual Acts authorizing military construction projects) the following construction projects of the NNSA: (1) any project to build a nuclear facility, initiated on or after October 1, 2013, that is estimated to cost in excess of $1 billion and intended to support NNSA nuclear weapons activities; (2) the Chemistry and Metallurgy Research Building Replacement project, Los Alamos, New Mexico; and (3) the Uranium Processing Facility project, Oak Ridge, Tennessee. Authorizes the Secretary to acquire real property and carry out military construction projects at the Los Alamos and Oak Ridge locations. Transfers such constructed facilities to the NNSA Administrator. Expresses the sense of Congress that during FY2014 and thereafter, the budgetary authority provided by the Secretary to such Administrator should be reduced by the amounts needed to fund the design and construction of the Los Alamos and Oak Ridge projects. (Sec. 2805) States that it is the policy of the United States to create and sustain the capability to produce plutonium pits for nuclear weapons and to ensure sufficient plutonium pit production capacity to respond to technical challenges in the existing nuclear weapons stockpile or geopolitical developments. Expresses the sense of Congress that: (1) successful and timely construction of the Los Alamos Chemistry and Metallurgy Research Building facility is critical to achieving the above policy; (2) prior-year funds for such facility should be applied to continue design and construction in FY2013; and (3) during FY2014 and thereafter, the budgetary authority provided by the Secretary to the NNSA Administrator should be reduced by the amount needed to fund the design and construction of such facility under DOD military construction authorities. Directs the Secretary to request such funding for FY2014 and thereafter. Prohibits the obligation or expenditure of funds on any activities associated with a plutonium strategy for the NNSA that does not include achieving full operational capacity of such facility by 2024. Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the Secretary concerned to accept services from a nonprofit entity in support of a military museum program and allows such Secretary to lease real and personal property of a military museum program to a nonprofit entity for program purposes. (Sec. 2812) Changes from any eligible entity to any person the parties with whom DOD may conduct exchanges of real property at certain military installations. (Sec. 2813) Provides indemnification for transferees of property at any closed military installation any time after October 24, 1988 (the date of enactment of the Defense Authorization Amendments and Base Closure and Realignment Act). (Sec. 2814) Prohibits the Secretary concerned, after 120 days after the enactment of this Act, from permitting a person 18 years old or older to enter a military installation in the United States unless such person presents a valid: (1) federal or state government issued photo identification card, (2) Common Access card, or (3) uniformed services identification card. Provides an exception with respect to foreign passports for persons visiting such installation or a member or civilian employee. Directs the Secretary concerned to confiscate any expired or fraudulent forms of identification and to keep a list and inform the personnel of any other military installation in that state of any person who attempted to enter such installation without valid identification. Requires the Secretary of Defense to identify minimum procedural requirements to authenticate such forms of identification. (Sec. 2815) Directs the Secretary to submit to the defense and appropriations committees a plan to protect defense critical assets and critical equipment at military installations from the adverse effects of electromagnetic pulse and high-powered microwave weapons. Requires the Secretary, in preparing the plan, to use the guidance and recommendations of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, as outlined in the Spence Act. Subtitle C: Energy Security - (Sec. 2821) Requires congressional notification of any transaction or contract for the provision and operation of energy production facilities on real property under the jurisdiction of the Secretary of a military department if the term of the transaction or contract exceeds 20 years. (Sec. 2822) Amends the MCAA for Fiscal Year 2012 to continue for FY2013 the prohibition on the use of funds for achieving Leadership in Energy and Environmental Design gold or platinum certifications. (Sec. 2823) Allows DOD to use for energy security the energy cost savings resulting from shared energy savings contracts. Subtitle D: Provisions Related to Guam Realignment - (Sec. 2831) Authorizes the Secretary to assist the government of Guam in meeting the costs of providing increased municipal services and facilities as a result of the realignment of military installations and the relocation of military personnel on Guam (the Guam realignment), as long as the Secretary determines that Guam will incur an unfair and excessive financial burden in the absence of such assistance. Authorizes the Secretary to take appropriate actions to mitigate significant impacts of the Guam realignment. Provides funding. Requires the Secretary to submit six-month progress reports to the defense committees. Terminates assistance authority at the end of FY2020. (Sec. 2832) Prohibits a firing range on Guam from being established until the Secretary certifies to the defense and appropriations committees a national security need for such range related to the readiness of Armed Forces assigned to the U.S. Pacific Command. (Sec. 2833) Amends the MCAA for Fiscal Year 2012 to repeal certain conditions prior to the use of DOD funds for Guam realignment. Subtitle E: Land Conveyances - (Sec. 2841) Amends the MCAA for Fiscal Year 2012 to authorize the Secretary of the Interior (under current law, the Secretary of the Air Force) to complete a land conveyance and exchange at Joint Base Elmendorf Richardson, Alaska. (Sec. 2842) Amends the MCAA, 1987 to allow the Secretary of the Navy to enter into long-term leases of real property within the Broadway Complex of the Department of the Navy, San Diego, California. (Sec. 2843) Authorizes the Secretary of the Army to convey to: (1) the village of Lordstown, Ohio, specified real property containing the John Kunkel Army Reserve Center, to be used for public purposes; and (2) the Texas Parks and Wildlife Department specified real property at Fort Bliss, Texas, for the establishment and operation of a state park. (Sec. 2845) Amends the MCAA for Fiscal Year 2005 to allow an additional post-transfer use with respect to a land conveyance at Fort Hood, Texas. (Sec. 2846) Directs the Secretaries of the Army and the Interior to enter into a specified land exchange involving the Fort Lee Military Reservation and the Petersburg National Battlefield (Virginia). Subtitle F: Other Matters - (Sec. 2861) Allows religious symbols to be included as part of a military memorial: (1) that is established or acquired by the federal government; or (2) for which the American Battle Monuments Commission cooperated in establishing. (Sec. 2862) Redesignated the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies. (Sec. 2863) Expresses the sense of Congress that the Secretary of the Navy should provide an appropriate site at the former Navy Dive School at the Washington (D.C.) Navy Yard for a memorial to honor members who have served as divers, as long as such Secretary has exclusive authority to approve the design and site. (Sec. 2864) Directs the Secretary of the Army to permit the Gold Star Mothers National Monument Foundation to establish a Gold Star Mothers National Monument in or near Arlington National Cemetery to commemorate the sacrifices made by mothers and made by their sons and daughters who make the ultimate sacrifice in defense of the United States. (Sec. 2865) Designates the training and support complex at Fort Bragg, North Carolina, as the Colonel Robert Howard Training and Support Complex. (Sec. 2866) Designates the electrochemistry engineering facility on Naval Support Activity Crane, Indiana, as the John Hostettler Electrochemistry Engineering Facility. (Sec. 2867) Directs the Secretary of the Air Force to retain the core functions of: (1) the Electronic Systems Center at Hanscom Air Force Base, Massachusetts, with the same integrated mission elements, responsibilities, and capabilities as existed on November 1, 2011, until such time as such elements, responsibilities, and capabilities are modified pursuant to a base closure law; and (2) the Air Force Materiel Command at Wright-Patterson Air Force Base, Ohio, as existed on November 1, 2011, until such core functions are modified pursuant to a base closure law. Title XXIX: Overseas Contingency Operations Military Construction - (Sec. 2901) Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations outside the United States. Authorizes appropriations for fiscal years after 2012 for such purpose. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2013 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security; and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, and energy security and assurance. Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the National Nuclear Security Administration Act to prohibit, as of 180 days after the enactment of this section, the total number of full-time equivalent employees in the Office of the NNSA Administrator from exceeding 1,730. Prohibits such number from exceeding 1,630 as of October 1, 2014. Provides exclusions to such employee limits. Authorizes the Administrator to offer voluntary separation or retirement incentives to meet such limits, and requires the Administrator to establish a work placement program to assist displaced employees. Increases from 300 to 450 the number of excepted NNSA positions. Requires an interim and final report from the Administrator to the defense and appropriations committees on the implementation of such limitations and related matters. (Sec. 3112) Directs the Administrator, within budget justification materials, to include an assessment of how the budget maintains the core nuclear weapons skills of the NNSA, including nuclear weapons design, engineering, production, testing, and prediction of stockpile aging. (Sec. 3113) Directs the Administrator to establish a system of governance, management, and oversight of any contractors who enter into a management and operating contract with NNSA (covered contractors). Requires the system, among other things, to: (1) include clear and auditable performance-based standards; (2) ensure that such governance, management, and oversight is conducted pursuant to national and international standards and best practices; and (3) conduct oversight based on outcomes and performance-based standards rather than transaction-based oversight (with an authorized exemption for purposes of national security or the safety, security, or performance of NNSA). Requires annual reports from the Administrator to the defense and appropriations committees, in each of 2013 through 2016, on any NNSA deviation from such governance, management, and oversight requirements. (Sec. 3114) Replaces provisions directing the Secretary of Energy (Secretary, for purposes of this Division) to provide a management structure for nuclear weapons production facilities and laboratories with a provision requiring the Administrator to establish a management structure for the nuclear security enterprise. Directs the Administrator to establish the National Nuclear Security Administration Council to: (1) advise the Administrator on scientific and technical issues relating to the mission and operations of the NNSA and its nuclear security enterprise; and (2) make recommendations to the Administrator or Secretary for improving NNSA governance, management, effectiveness, and efficiency. (Sec. 3115) Directs the Administrator to establish policies and procedures to ensure the protection of special nuclear material and other sensitive physical assets of the NNSA and to ensure prompt reporting of any significant problem, abuse, violation, or deficiency relating to such protection. Requires the Administrator to ensure NNSA compliance with all applicable occupational safety and health standards promulgated under the Occupational Safety and Health Act of 1970 and to conduct oversight to ensure compliance with best industry and government practices for meeting such standards. Authorizes the Administrator to waive such standards when necessary to ensure safety. Requires the Administrator to waive such requirements for operations involving beryllium. Requires a report from the Administrator to the defense and appropriations committees including an implementation plan to fully transition the policy, regulatory, and oversight authority for the nuclear safety of the nuclear security enterprise from the DOE to the NNSA. (Sec. 3116) Amends the Atomic Energy Defense Act to direct the Administrator to develop and carry out a plan for the national security laboratories and nuclear weapons production plants to design and build prototypes of nuclear weapons to further intelligence estimates with respect to foreign nuclear weapons activities. Prohibits the Administrator, in carrying out prototype activities, from conducting any experiments that produce a nuclear yield. (Sec. 3117) Directs the Secretary and the Administrator to: (1) revise the DOE Acquisition Regulation and other appropriate regulations, orders, and policies in order to improve and streamline the administration, execution, and oversight of DOE and NNSA missions and operations; and (2) brief the defense and appropriations committees on the revised regulations, orders, and policies. (Sec. 3118) Prohibits the Administrator, during FY2012-FY2017, from releasing a final request for proposal for competition of any contract to manage and operate a NNSA facility until after reporting to the defense and appropriations committees on costs relating to such competition and related matters. Directs the CG to review such report and submit review results to such committees. (Sec. 3119) Prohibits the obligation or expenditure of more than 50% of the funds authorized for fusion ignition under the Inertial Confinement Fusion Ignition and High Yield Campaign until the Administrator: (1) certifies to the defense and appropriations committees that fusion ignition has been achieved at the National Ignition Facility at Lawrence Livermore National Laboratory, or (2) submits to such committees a detailed report on fusion ignition. Provides two exceptions to the funding limit. (Sec. 3120) Limits the obligation or expenditure of funds authorized for the Global Security through Science Partnerships Program until the Secretary submits to the defense and foreign relations committees a plan to complete such Program by the end of 2015. (Sec. 3121) Limits the obligation or expenditure of funds authorized for the United States-China Center of Excellence on Nuclear Security until the Secretary certifies to the above committees that existing and planned non-proliferation activities undertaken with China are not contributing to the proliferation to other nations of nuclear weapons development and technology. (Sec. 3122) Extends by two years the schedule for the disposition of weapons-usable plutonium at the Savannah River Site, South Carolina, including construction and operation of the MOX (mixed oxide) facility. Subtitle C: Improvements to National Security Energy Laws - (Sec. 3131) Amends the Atomic Energy Defense Act and the National Nuclear Security Administration Act to make organizational changes, revise responsibilities and terminology, repeal expired provisions, and make technical and clerical amendments. (Sec. 3135) Repeals reporting requirements under the NDAA for Fiscal Year 2010 and the Atomic Energy Defense Act. Subtitle D: Reports - (Sec. 3141) Directs the Secretary and the Administrator, as appropriate, to notify the defense, appropriations, and energy committees within 15 days after a nuclear criticality incident resulting from an NNSA or defense environmental cleanup program that results in an injury or fatality or in the partial or complete shut-down of the facility. Requires a record of such incidents to be maintained. Directs such officials to report to such committees on any such incidents during the previous 10-year period. (Sec. 3142) Requires the director of the appropriate national laboratory, before proceeding beyond phase 6.2 activities with respect to any (nuclear weapon) lifetime extension program, to report to the defense and appropriations committees on the extension option selected for such program. (Sec. 3143) Directs: (1) the Administrator to contract with the National Academy of Sciences (NAS) to conduct a study of peer review and design competition related to nuclear weapons, (2) the NAS to submit study results to the Administrator, and (3) the Administrator to submit study results and recommendations to the defense committees. (Sec. 3144) Requires the Administrator, in each of 2013 through 2015, to report to the defense and foreign relations committees on the budget, objectives, and metrics of NNSA defense nuclear nonproliferation programs. (Sec. 3145) Directs the Administrator to submit to the defense and appropriations committees a study of plutonium pits, including their availability and reuse in future life extension programs. Subtitle E: Other Matters - (Sec. 3151) Requires the Administrator and Secretary to ensure that the methods for assessing, certifying, and overseeing nuclear safety at specified defense nuclear laboratories and production facilities use national and international standards and nuclear industry best practices, including probabilistic or quantitative risk assessment when sufficient data exists. (Sec. 3152) Amends the NDAA for Fiscal Year 1998 to prohibit any individual from taking any action against a director of a national security laboratory or nuclear weapons production facility, a member of the Joint Nuclear Weapons Council, or the Commander of the U.S. Strategic Command from presenting their professional views to the President, National Security Council, or Congress concerning: (1) the safety, security, reliability, or credibility of the nuclear weapons stockpile and nuclear forces; or (2) the status of and plans for the capabilities and infrastructure that support and sustain such stockpile and forces. Authorizes each such official to deliver classified information to Congress with respect to such matters. (Sec. 3153) Authorizes the Secretary, in conjunction with the Secretary of Defense or the DNI, to restore into the Restricted Data category certain information related to the design of nuclear weapons. (Sec. 3154) Directs the Secretary of Defense, to help inform the life extension decisions made by the Nuclear Weapons Council, to assess the cost of options and alternatives for new life extension programs and for new nuclear facilities estimated to cost more than $500 million. Requires such Secretary and the Administrator to jointly report assessment results to the defense and appropriations committees. (Sec. 3155) Directs the Secretaries of Defense and Energy to jointly: (1) assess the annual plutonium pit production requirement needed to sustain a safe, secure, and reliable nuclear weapon arsenal, and (2) report assessment results to the defense and appropriations committees. Requires assessment updates as necessary. (Sec. 3156) Authorizes the Secretary to use specified FY2013 defense nuclear nonproliferation funds for the development and demonstration of domestic national security-related uranium enrichment activities. Requires the Secretary to certify the necessity of such funding to the defense and appropriations committees. (Sec. 3157) Expresses the sense of Congress that the Administrator should ensure that fixed and performance-based fees contained in national security laboratory management and operating contracts are as low as possible to maintain a focus on national service while attracting high-quality contractors and achieving the goals of the contract competition. Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2013 for the Defense Nuclear Facilities Safety Board. (Sec. 3202) Amends the Atomic Energy Act of 1954 to give each member of the Defense Nuclear Facilities Safety Board equal responsibility and authority in establishing decisions and determining actions of the Board regarding recommendations, budgets, senior staff, hearings and witnesses, investigations, subpoenas, and setting policies and regulations governing Board operations. Revises the Board's mission. Requires each member to be provided funds to employ at least one technical advisor who is not subject to the appointment, direction, or supervision of the Board chairman. Revises Board recommendation requirements, directing the Board to provide draft recommendations to the Secretary of Energy, who shall have 45 days to comment. Allows the Board, after such comment period, to formalize and publish the recommendation in the Federal Register and seek public comment. Allows the Secretary 60 days after such publication to either accept or reject the recommendation, and to publish a statement of the reasons for such action in the Federal Register. Provides that if a recommendation is: (1) rejected, the Board may transmit a notification thereof to the defense committees; and (2) accepted, the Secretary would be required to submit an implementation plan to the Board. Requires the Board, when submitting a recommendation concerning an imminent or severe threat to public health and safety, to provide recommendation comments to the President. Requires: (1) certain Board reports to be provided to the defense committees, and (2) the Board to enter into an agreement with a federal agency to procure the services of that agency's Inspector General. Title XXXIV [sic]: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2013 to carry out activities relating to the naval petroleum reserves. Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation (Secretary, for purposes of this title) for FY2013 for the Maritime Administration (MA) for specified activities, including: (1) operations and support of the U.S. Merchant Marine Academy and the state maritime academies, (2) the disposal of obsolete vessels in the National Defense Reserve Fleet (NDRF), (3) maintaining a U.S.-flag merchant fleet, and (4) maritime loan guarantees. (Sec. 3502) Amends the Spence Act to make the appropriate version of the Federal Acquisition Regulations to be applied to a contract for the purchase of recycling services the one in effect at the time of contract award. (Sec. 3503) Exempts from federal procurement requirements MA ship disposal-related contracts. Removes the word "merchant" before vessels, thereby allowing for the disposal of vessels capable of being converted to merchant use. (Sec. 3504) Limits NDRF vessels to those of 1,500 tons or greater, but allows the Secretary to include others as appropriate. (Sec. 3505) Authorizes the MA to donate excess fuel and shipboard and marine equipment on NDRF vessels to state maritime academies for instructional purposes. Requires consent by the Secretary of the Navy for Ready Reserve Force vessels or other NDRF vessels determined to be of sufficient value to the Navy to warrant their further preservation and retention. (Sec. 3507) Allows all federal entities to transfer vessels to the NDRF, without reimbursement, subject to the approval of the Secretaries of Transportation and the Navy with respect to Ready Reserve Force vessels, and the Secretary of Transportation with respect to all other vessels. (Sec. 3508) Amends the Merchant Ship Sales Act of 1946 to allow the Secretary to conduct sea trials on NDRF vessels when determined necessary (under current law, at least once every 30 months). (Sec. 3509) Authorizes the Secretary to extend existing Maritime Security Program operating agreements through FY2025. Allows the Secretary, when a contractor does not desire an extension, to award the operating agreement to a new contractor on the basis of military need, in coordination with the Secretary of Defense. Provides periodic inflationary increases, through such fiscal year, to the annual stipend provided to Program participants. Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation or expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section. (Sec. 4101) Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement, including procurement for overseas contingency operations; (2) RDT&E, including RDT&E for overseas contingency operations; (3) O&M, including O&M for overseas contingency operations; (4) military personnel and military personnel for overseas contingency operations; (5) other authorizations, including for contingency operations; (6) military construction, including for contingency operations; and (7) DOE national security programs.
|Title : National Defense Authorization Act for Fiscal Year 2013|
|Votes in the US Senate|
|Votes in the US House|
|Congressional Sponsors of H R 4310|
|Bill Number : H R 4310|
|Title : National Defense Authorization Act for Fiscal Year 2013|
|Sponsor: Rep McKeon, Howard P. "Buck" [CA-25] (by request) (introduced 3/29/2012)|
|ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)Rep Smith, Adam [WA-9] - 3/29/2012|
|Bill Number : H R 4310|
|Title : National Defense Authorization Act for Fiscal Year 2013|