S.3254 - National Defense Authorization Act for Fiscal Year 2013112th Congress (2011-2012)
Summary: S.3254 — 112th Congress (2011-2012)
Passed Senate amended (12/04/2012)
National Defense Authorization Act for Fiscal Year 2013 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2013 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Authorizes the Secretary of the Army, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of airframes for CH-47 helicopters.
Subtitle C: Navy Programs - (Sec. 121) Earmarks specified funds for commencement of the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln during FY2013.
(Sec. 122) Authorizes the Secretary of the Navy to enter into a contract for construction of a Ford-class aircraft carrier, to be funded over several fiscal years.
(Sec. 123) Prohibits the obligation or expenditure of more than 50% of the funds authorized for a second Ford-class aircraft carrier until the Secretary of the Navy submits to the congressional defense and appropriations committees a description of the program management and cost control measures to be employed in constructing such carrier.
(Sec. 124) Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of Virginia-class submarines and government-furnished associated equipment. Authorizes such Secretary to employ incremental funding for such procurement upon a determination that such approach will permit the Navy to procure an additional submarine in FY2014.
(Sec. 125) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into multiyear contracts for the procurement of up to 10 Arleigh Burke class Flight IIA guided missile destroyers and specified systems associated with such vessels.
(Sec. 126) Authorizes the Secretary of the Navy to transfer AEGIS weapon system equipment with Ballistic Missile Defense (BMD) capability to the Missile Defense Agency (MDA) for installation in the country designated as Host Nation #1. Requires the MDA Director to make a transfer of related equipment to the Navy for the DDG-51 class destroyer program.
(Sec. 127) Directs the Secretary of Defense (Secretary) to: (1) designate the effort to develop and produce all variants of the mission modules in support of the littoral combat ship program as a major defense acquisition program (MDAP), (2) report to the defense and appropriations committees with respect to the development and production of each variant, and (3) report quarterly to such committees on each variant in support of such ship.
(Sec. 128) Authorizes the Secretary of the Navy to transfer specified FY2012 Navy and Marine Corps ammunition and weapons and combat vehicles funds to other, high priority Navy and Marine Corps programs.
(Sec. 130) Expresses the sense of Congress that: (1) DOD should carefully evaluate the maritime force structure necessary to execute demand for forces by the commanders of the combatant commands; (2) the Navy should evaluate amphibious lift capabilities to meet current and projected requirements, and should consider prioritization of investment in and procurement of the next generation of amphibious assault ships; (3) such assault ships should maintain survivability protection; (4) operation and maintenance requirements analysis should be considered to reduce total ownership and acquisition cost; and (5) maintaining a robust amphibious shipbuilding industrial base is vital for the future of U.S. national security.
(Sec. 131) Expresses the sense of the Senate that, if the Navy budget for FY2014 includes a request for more than 13 new F-18 aircraft, the FY2014 budget request for F-35 aircraft should include a request for no fewer than 6 F-35B aircraft and 4 F-35C aircraft.
(Sec. 132) Increases by $2 million the amounts authorized under this title. Allows such funds to be used to procure SPIDERNet/Spectral Warrior hardware and installation.
Subtitle D: Air Force Programs - (Sec. 141) Reduces from 301 to 275 the required number of strategic airlift aircraft. Requires the Secretary of the Air Force to preserve each C-5 aircraft retired after FY2012 so that such aircraft is stored in a flyable condition, can be returned to service, and is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense.
(Sec. 142) Directs the Secretary to treat as MDAPs certain programs for the F-22A Raptor aircraft.
(Sec. 143) Prohibits the Secretary of the Air Force from cancelling or modifying the avionics modernization program for C-130 aircraft until 30 days after submitting to the defense and appropriations committees the results of a study on costs and schedules for, and savings to be derived from, such program.
(Sec. 144) Authorizes the Secretary of the Air Force to: (1) procure two space-based infrared system satellites through a fixed-price contract, and (2) use incremental funding under such contract for up to six years. Provides procurement cost limits, allowing certain increases due to inflation, compliance with federal, state, and local laws, and new technologies. Requires a contract report from such Secretary to the defense and appropriations committees, as well as a plan for using cost savings to improve the capability of military infrared and early warning satellites. Authorizes such Secretary to use specified Air Force procurement funds for the advanced procurement of long-lead parts and the replacement of obsolete parts for space-based infrared system space vehicle #6. Expresses the sense of Congress that such Secretary should not enter into a fixed-price contract for two space-based infrared system satellites unless such contract would save the Air Force at least 20% over the cost of procuring such satellites separately.
(Sec. 145) Authorizes the Secretary to transfer specified FY2011-FY2012 aircraft procurement funds to other, high priority Air Force programs.
Subtitle E: Joint and Multiservice Matters - (Sec. 151) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of V-22 aircraft for the Navy, Air Force, and U.S. Special Operations Command.
(Sec. 152) Prohibits the obligation or expenditure of Joint Tactical Radio System funds for the production of handheld, manpack, and small form/fit radios until the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) certifies to the defense and appropriations committees that the acquisition strategy provides for full and open competition.
(Sec. 153) Requires the Commander of the U.S. Special Operations Command to report to the defense and appropriations committees on costs, schedule, and operational capabilities of the shallow water combat submersible program.
(Sec. 154) Increases by $6 million the amounts authorized under this title. Allows such amount to be used to procure color electro-optical and infrared imaging sensors for AC-130 aircraft used by the Special Operations Command in ongoing contingency operations.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2013 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Prohibits the obligation or expenditure of amounts under the Next Generation Foundry for the Defense Microelectronics Activity until 60 days after the Assistant Secretary of Defense for Research and Engineering develops and submits to the defense and appropriations committees a microelectronics strategy and an estimate of the full life-cycle costs for the upgrade of such Foundry.
(Sec. 212) Directs the Under Secretary to submit to the defense and appropriations committees a strategy for the use of integrated platform design teams and agile prototyping approaches for the development of advanced rotorcraft capabilities.
(Sec. 213) Authorizes the Secretary of the Navy to transfer specified FY2012 RDT&E funds to other, high priority Navy programs.
(Sec. 214) Includes educational institutions in Puerto Rico, the Northern Mariana Islands, and U.S. possessions within authorized defense laboratories education partnerships.
(Sec. 215) Authorizes the Secretary of the Air Force to transfer specified FY2012 RDT&E funds to other, high priority Air Force programs.
(Sec. 216) Earmarks specified RDT&E funds for radar relocation and research and development activities to enhance space situational awareness capabilities.
(Sec. 217) Increases by $38 million authorized RDT&E funds. Allows such funds to be used to conduct detailed digital radio frequency modulation countermeasures studies and simulations.
Subtitle C: Missile Defense Matters - (Sec. 231) Expresses the sense of Congress: (1) for a national priority of defending the United States against the potential future threat of limited ballistic missile attack from countries such as North Korea and Iran; (2) in favor of the currently deployed ground-based midcourse defense (GBMD) system to provide such defense, assuming appropriate levels of sustainability and performance; (3) that the MDA should correct problems discovered in GBMD flight tests; (4) in favor of continued development of the standard missile-3 block II interceptor as an essential first layer of defense against ballistic missile threats; and (5) that DOD should continue to evaluate the evolution of the long-range missile threat from North Korea and Iran and consider all possibilities for affordable and effective steps to improve the posture of the United States to defend itself against possible future growth in such threat. Requires a report from the Secretary to the defense and appropriations committees on the status of efforts to improve U.S. homeland missile defense capability.
(Sec. 232) Expresses the sense of Congress that : (1) the threat from regional ballistic missiles, particularly from Iran and North Korea, is serious and growing, and puts at risk forward-deployed U.S. forces and allies and partners in Europe, the Middle East and the Asia-Pacific region; (2) DOD has an obligation to protect all such forces; (3) the European Phased Adaptive Approach is an appropriate and necessary response to such threat; (4) DOD should continue to test and plan to deploy all four phases of such Approach, as well as other phased and adaptive regional missile defense efforts; (5) European members of the North Atlantic Treaty Organization (NATO) are making valuable contributions toward European missile defense; and (6) DOD should continue with the development of the key enablers of enhanced regional missile defense, including the Precision Tracking Space System. Requires a report from the Secretary to the defense and appropriations committees on the status and progress of regional missile defense programs and efforts.
(Sec. 233) Expresses the sense of Congress that: (1) it is in the U.S. national security interest to pursue efforts at missile defense cooperation with Russia, (2) the United States should pursue such cooperation on both a bilateral and multilateral basis with its NATO allies, (3) such cooperation should not in any way limit U.S. or NATO missile defense capabilities, (4) the United States should not provide Russia with sensitive missile defense information that would in any way compromise national security, and (5) all such cooperation should ensure the appropriate safeguarding of classified information.
(Sec. 234) Requires the MDA Director to: (1) develop a long-term plan for the Exo-atmospheric kill vehicle for the ground-based interceptor and any other interceptor that might be developed against long-range ballistic missiles, and (2) report to the defense and appropriations committees on such plan.
(Sec. 235) Directs the Secretary of the Army to submit to such committees a modernization plan of the Patriot air and missile defense system.
(Sec. 236) Prohibits the obligation or expenditure of any FY2013 DOD funds for the Medium Extended Air Defense System.
(Sec. 237) Earmarks specified DOD RDT&E funds to Israel for the Iron Dome short-range rocket defense program.
(Sec. 238) Authorizes the Secretary to: (1) retain intercontinental ballistic missile (ICBM) launch facilities currently supporting deployed strategic nuclear delivery vehicles within the limit of 800 deployed and non-deployed strategic launchers, (2) maintain such missiles on alert or operationally deployed status, and (3) preserve ICBM silos in operational or warm status.
(Sec. 239) Expresses the sense of Congress that the Secretary should comply with requirements of the previous National Defense Authorization Act and submit to Congress a homeland defense hedging policy and strategy report.
Subtitle D: Reports - (Sec. 251) Directs the Secretary of the Navy to report to the defense and appropriations committees on the mine countermeasures, antisubmarine, and surface warfare mission packages for the littoral combat ship.
(Sec. 252) Directs the Comptroller General (CG) to annually: (1) conduct a review of the acquisition program for the amphibious combat vehicle, and (2) report review results to the defense and appropriations committees. Outlines specified information required in the initial and subsequent reports. Terminates report requirements after the award of a contract for full-rate production of such vehicle.
(Sec. 253) Provides that if the ongoing Marine Corps ground combat vehicle fleet mix study recommends the acquisition of a separate Marine personnel carrier, then the Secretary of the Navy and the Commandant of the Marine Corps shall jointly report to the defense and appropriations committees with respect to such carrier.
Subtitle E: Other Matters - (Sec. 271) Transfers administration of the Ocean Research and Resources Advisory Panel (formerly the Ocean Research Advisory Panel) from the Navy to the Administrator of the National Oceanic and Atmospheric Administration (NOAA).
(Sec. 272) Expresses the sense of the Senate that the Secretary should develop a plan to increase the use of emerging technologies in autonomous systems, the commercial gaming sector, and artificial intelligence for training exercises for members of the Armed Forces (members).
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2013 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environmental Provisions - (Sec. 311) Directs the Secretary to: (1) issue to the appropriate military departments and defense agencies written guidance on environmental exposures at military installations, and (2) submit such guidance to the defense and appropriations committees.
(Sec. 312) Amends the Sikes Act to allow funds paid by the Secretary of the military department concerned (Secretary concerned) under a cooperative agreement for land management on a military installation to be paid in a lump-sum and placed in an interest-bearing account. Allows interest proceeds to be used for the same purpose.
(Sec. 313) Directs the Secretary to report to the defense and appropriations committees on the disposition of any uncompleted closure of an active-duty U.S. military installation since 1988 that was not subject to the property disposal provisions of the Defense Base Closure and Realignment Act of 1990.
Subtitle C: Logistics and Sustainment - (Sec. 321) Repeals certain amendments made under the National Defense Authorization Act (NDAA) for Fiscal Year 2012 relating to DOD depot-level maintenance, and revives the former provisions.
(Sec. 322) Amends the NDAA for Fiscal Year 2004 to: (1) authorize the Secretary concerned to carry out a demonstration project under which workers who are certified at the journey level to perform multiple trades are promoted by one grade level, and (2) extend such multi-trades demonstration project through FY2019.
(Sec. 323) Requires the Secretary of the Air Force, in managing system program responsibilities for sustainment programs not assigned to a program executive officer or a direct reporting program manager, to comply with DOD instructions regarding the assignment of program responsibility.
Subtitle D: Reports - (Sec. 331) Requires as additional information in an annual DOD report on long-term corrosion strategy: (1) data on return of investment for completed corrosion projects and activities; and (2) how such funds are used for military corrosion projects, the technical corrosion collaboration pilot program, and other corrosion-related activities.
(Sec. 332) Revises the deadline for a CG review of an annual report on prepositioned materiel and equipment.
Subtitle E: Other Matters - (Sec. 341) Directs the Secretary, within 90 days after the enactment of this Act, to begin implementation of an efficiencies plan for the DOD civilian and service contractor workforce which shall achieve savings in funding for each such workforce from FY2012-FY2017 that are not less than the percentage savings achieved by the planned reduction in military personnel end strengths over the same period. Provides funding reduction exclusions. Requires an initial and annual plan reports over such period from the Secretary to the defense and appropriations committees. Prohibits any such savings from being achieved through unjustified transfers of functions between or among the military, civilian, and service contractor workforces of DOD. Expresses the sense of Congress that 30% of the savings achieved should be made available for costs of assisting separated military personnel in their transition from service.
(Sec. 342) Earmarks specified O&M funds for support of the NATO Special Operations Headquarters. Requires an annual report from the Secretary to the defense and appropriations committees regarding DOD support of such Headquarters.
(Sec. 343) Repeals a redundant provision authorizing the Secretary to provide certain items or facilities to a federal, state, or local law enforcement or emergency response agency to respond to emergencies involving chemical or biological agents if the Secretary determines that the item or facility is not reasonably available from another source.
(Sec. 344) Expresses the sense of Congress that: (1) the Secretary of the Navy should maintain in operational capability and perform necessary maintenance on each Navy cruiser and dock landing ship; (2) for retirements of Navy ships prior to their projected end of service life, the Chief of Naval Operations must explain to the defense and appropriations committees how the retention of such ship would degrade overall readiness; and (3) revitalizing the Navy's 30-year shipbuilding plan should be a national priority, and increased funding should be provided to help close the gap between requirements and the current fleet size.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2013.
(Sec. 402) Directs the Secretary to develop and implement a plan to increase the number of Marine Corps personnel assigned to the Marine Corps Embassy Security Group at Quantico, Virginia, as well as Marine Security Group regional commands and detachments at U.S. missions worldwide, by up to 1,000 Marines during FY2014-FY2017, for purposes of increased security in light of threats to U.S. personnel and property by terrorists. Requires separate budget line items for the Marine Corps and the Marine Corps Security Guard Program. Directs: (1) the Secretary, during each of 2014 through 2017, to report to Congress on the Marine Corps Security Guard Program; and (2) the President to notify Congress of any required modification in the scope of such Program.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2013 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2013 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2013 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2013.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2013 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Policy - (Sec. 501) Extends through 2018 DOD authority to convene selection boards to consider early discharges for regular officers below lieutenant colonel or commander who have served on active duty for at least one year in their current grade, are not on a promotion list, and are ineligible for retirement.
(Sec. 502) Allows a Navy chief warrant officer, grade W-5, to serve for up to 33 (under current law, 30) years before mandatory retirement for years of service.
(Sec. 503) Revises the definition of joint duty assignment as it pertains to instructors to include all instructor assignments for joint training and education.
(Sec. 504) Expresses the sense of the Senate that the Secretary should include as joint duty assignments officers assigned as instructors at the military service academies.
Subtitle B: Reserve Component Management - (Sec. 511) Makes lawful permanent residents eligible for appointment as officers in the National Guard (under current law, only as reserve officers).
(Sec. 512) Directs the Secretary to carry out a program to provide members of the National Guard and reserves and their families with training in suicide prevention, resilience, and community healing and response to suicide. Outlines program requirements. Terminates the program at the beginning of FY2015.
(Sec. 513) Directs the Secretary to conduct a study of the adequacy of mechanisms for the reintegration into civilian life of members of the National Guard and reserves following a deployment on active duty, including whether permitting such members to remain on active duty for a limited period after deployment (known as a "soft landing") is feasible and advisable for facilitating and easing such reintegration. Requires a study results report from the Secretary to the defense and appropriations committees.
Subtitle C: General Service Authorities - (Sec. 521) Directs the Secretary to develop and implement a plan to measure DOD efforts to achieve the goal of having a 20-30 year pipeline that yields a diverse officer and enlisted corps for the Armed Forces that reflects the population eligible to serve. Requires each military department Secretary, under such plan, to develop a definition of diversity that is reflective of the culture, mission, and core values of that armed force. Directs the Secretary to report biennially through 2017 to the defense and appropriations committees on the plan's development and implementation.
(Sec. 522) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to make full-time active-duty Guard and reserve personnel eligible for the career intermission pilot program (allowing personnel to temporarily suspend military service in order to achieve educational degree goals). Allows accrued leave to be carried through any period of inactive service under such program, and allows individuals who become ill or injured during such inactive service to be processed under regular (active) retirement or separation authority.
(Sec. 523) Allows licensed clinical social workers or psychiatric nurse practitioners to conduct pre-separation medical examinations for the detection of post-traumatic stress disorder (PTSD).
(Sec. 524) Requires each department Secretary to report quarterly in 2013-2014 to the defense committees on the number of members of regular components of that armed force who were involuntarily separated from active duty during such period.
(Sec. 525) Directs the Secretary to report to such committees on the advisability of modifying the criteria for the award of the Purple Heart and the Defense Medal of Freedom to include members or civilian U.S. employees killed or wounded in a terrorist act inspired by ideological, political, or religious beliefs. Requires the consideration, in the possible new eligibility for such awards, of any death or wounding of a member or civilian employee since September 11, 2001.
(Sec. 526) Extends through FY2015 the authority of members to accumulate and carry over up to 75 days of leave.
(Sec. 527) Prohibits providing a waiver for commissioning or enlistment in the Armed Forces for any individual convicted under federal or state law of the felony offense of rape, sexual abuse, sexual assault, incest, or any other sexual offense.
(Sec. 528) Directs the Secretary of the Army, through FY2014, to carry out a study on resilience in members of the Army in order to reduce trends in high-risk or self-destructive behavior and to prepare such members to manage stressful or traumatic situations. Requires two annual reports from such Secretary to the defense committees on such study.
Subtitle D: Military Justice and Legal Matters Generally - (Sec. 531) Requires the Staff Judge Advocate to the Commandant of the Marine Corps to be: (1) appointed by the President, by and with the consent of the Senate, and (2) serve in the grade of major general (unless holding a higher grade at the time of appointment). Outlines additional duties, including supervision over all Marine Corps judge advocates.
(Sec. 532) Requires, in annual reports of the Committee of the Uniform Code of Military Justice, legal information from the judge advocates general and the staff judge advocate of the Marine Corps, including appellate review results of general or special court martial determinations.
Subtitle E: Sexual Assault, Hazing, and Related Matters - (Sec. 541) Allows sexual assault victim-members of the reserves to remain on active duty, or to be recalled to active duty, to complete a line-of-duty determination with respect to the assault.
(Sec. 542) Directs the Secretary to include additional requirements within the revised comprehensive policy for the DOD sexual assault prevention and response program outlined under the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act), including: (1) an enhanced capability within each department for the investigation, prosecution, and defense of designated special victim offenses; (2) a record of the disposition of allegations of sexual assault; and (3) additional sexual assault prevention and response training for members, commanding officers, and commanders.
(Sec. 543) Requires each department Secretary to report to the defense committees on hazing policies and incidences within their jurisdiction.
(Sec. 544) Requires certain DOD sexual assault forms and records to be retained for at least 50 years.
(Sec. 545) Directs the Secretary to: (1) develop a comprehensive policy to prevent and respond to sexual harassment in the Armed Forces, (2) report to the defense committees on such policy, and (3) require each department Secretary to establish a record on the disposition of any sexual harassment report (requiring such records to be retained for at least 50 years). Requires each department Secretary to report annually to the Secretary from 2015 through 2018 on sexual harassment cases involving members under their jurisdiction.
(Sec. 546) Amends the Skelton Act to add additional required information within annual reports on sexual assaults involving members.
Subtitle F: Education and Training - (Sec. 551) Includes the School of Advanced Military Studies Senior Level Course as a senior level service school (thus allowing it to offer joint professional military education instruction and credit).
(Sec. 552) Allows enlisted personnel other than the Air Force who are in joint-service medical training and education or serving as instructors in such training and education to participate in associate degree programs of the Community College of the Air Force.
(Sec. 553) Authorizes the Secretary of the Navy to: (1) enter into contracts and agreements with the Naval Academy Athletic Association to support Naval Academy athletic and physical fitness programs; and (2) receive funds, supplies, and services for the support of such programs. Allows such Association to enter into agreements for licensing, marketing, and sponsorship relating to Naval Academy trademarks and service marks.
(Sec. 554) Allows certain military medical students, while on active duty, to serve in pay grade O-2 (under current law, all such students serve in pay grade O-1) if they meet specified criteria prescribed by the Secretary concerned. Requires officers detailed as a student at a medical school to serve on active duty in the same grade (with the same entitlements) in which they served before such detail.
(Sec. 555) Allows members of the Selected Reserve who accept fellowships, scholarships, or grants to fulfill the attendant service requirements by serving: (1) on active duty for at least three times the length of the educational assistance, or (2) in the Selected Reserve for at least five times such length.
(Sec. 556) Repeals the requirement that at least 50% of service academy midshipmen and cadets qualify for and receive in-state tuition rates.
(Sec. 557) Requires the Secretary to develop a plan to establish and support at least 3,000 and no more than 3,700 (under current law, not less than 3,700) Junior Reserve Officers' Training Corps (JROTC) units by September 20, 2020. Authorizes the Secretaries concerned to determine that support provided to youth development programs is consistent with JROTC funding limitations and program objectives. Requires additional periodic program reports until 2020.
(Sec. 558) Authorizes the Secretary concerned to issue arms, tentage, and equipment to an educational institution at which no JROTC unit is maintained if such institution offers a course in military instruction and has at least 50 students above the eighth grade.
(Sec. 559) Removes the requirement that the Secretary publish semiannually in the Federal Register a list of institutions of higher education that are ineligible for DOD contracts and grants by reason of preventing ROTC access or military recruiting on its campus.
(Sec. 560) Directs the CG to report to the defense and appropriations committees on the effectiveness and oversight of the ROTC program.
(Sec. 561) Requires the Secretary to report to the defense committees on DOD efforts to standardize educational transcripts issued to members upon their separation.
(Sec. 562) Directs the CG to: (1) review the methodology used by the Military Education Coordination Council in compiling a required report concerning joint professional military education, (2) report review results to the defense committees, and (3) submit to such committees an assessment of the work performed by joint professional military education research institutions in support of professional military education and the broader mission of DOD and the military departments and defense agencies.
(Sec. 563) Requires the Secretaries of Defense and Education to enter into a memorandum of agreement with respect to the dissemination of information on the troops-to-teachers program (a program to aid former members in obtaining teacher certification and teaching positions in public schools, including high-need schools). Reduces from six to four years the required period of continuous active duty prior to eligibility for such program. Outlines participation agreement requirements, as well as requirements for stipend or bonus reimbursement upon failure to obtain appropriate qualification, termination of employment, or failure to complete the required teaching period.
Subtitle G: Defense Dependents' Education and Military Family Readiness Matters - (Sec. 571) Earmarks specified DOD O&M funds: (1) for impact aid for children with severe disabilities, and (2) to assist local educational agencies (LEAs) having a significant number of dependents of members and DOD civilian employees enrolled in their schools.
(Sec. 573) Impact Aid Improvement Act of 2012 - Amends title VIII of the Elementary and Secondary Education Act of 1965 to revise the calculation of: (1) impact aid payments owed to federal property districts, and (2) eligible children displaced from housing located on federal property. Revises the deadline for final payments to educational districts.
(Sec. 574) Authorizes the head of a federal agency to appoint, on a noncompetitive basis, a relocating spouse of a member ordered to active duty for more than 180 days, or a spouse of a fully disabled or deceased member.
(Sec. 575) Authorizes the enrollment in a defense dependents' educational institution of dependents who have left a DOD overseas school due to an authorized member departure or evacuation order, and whose safe haven location is within commuting distance of the defense dependents' educational institution. Allows such enrollment for the dependents of active-duty personnel transitioning from a DOD overseas school in order to take courses under the DOD virtual elementary and secondary education program.
(Sec. 576) Expresses the sense of Congress in support of the goals and ideals of Yellow Ribbon Day in honor of members who are serving overseas apart from their families and loved ones.
(Sec. 577) Directs the Secretary to report to the defense and appropriations committees on the anticipated future of DOD family support programs during the five-year period after such report as military end strengths are reduced and forces are drawn down from combat operations in Afghanistan.
Subtitle H: Other Matters - (Sec. 581) Requires the Deputy Assistant Secretary of Defense for Prisoner of War/Missing Personnel Affairs to coordinate periodic briefings of families concerning DOD activities to account for missing persons.
(Sec. 582) Authorizes DOD acceptance of voluntary services to facilitate the accounting for missing persons. Authorizes the Secretary concerned to enter into cooperative agreements with nonprofit entities for the support of a military educational institution or military museum.
(Sec. 583) Codifies the designation of the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for all purposes under laws relating to Fisher Houses and Fisher Suites. Authorizes as residents of such facility the primary next of kin and other family members of a member who dies while serving overseas, as well as escorts of such family members.
(Sec. 584) Directs the Secretary to submit to the defense committees a plan to improve the completeness and accuracy of the data contained in the Defense Enrollment Eligibility Reporting System.
(Sec. 585) Authorizes the President to issue a posthumous honorary promotion to second lieutenant for Sergeant (retired) Paschal Conley, a distinguished Buffalo soldier who was recommended for such promotion by General John J. Pershing.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Requires the rate of basic allowance for housing for a member of the Army or Air National Guard on full-time duty to be based on the member's location. Prohibits such rate from being modified when the member transitions from active to full-time duty, or vice versa, when the transition occurs without a break in active service, unless such transition results in a permanent change of station and the shipment of household goods.
(Sec. 602) Directs the Secretary concerned to make a payment to each member who was eligible to participate in the Post-Deployment/Mobilization Respite Absence program, but did not participate for one or more days due to government error. Makes such payment: (1) $200 for each day of non-participation, and (2) in lieu of any authorized administrative absence for such day(s).
(Sec. 603) Extends through 2013 DOD authority to provide a temporary increase in the rate of the basic allowance for housing for housing located in a major disaster area or an area which contains one or more military installations experiencing a sudden increase in assigned personnel.
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2013 specified authorities currently scheduled to expire at the end of 2012 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 616) Increases from $10,000 to $20,000 the maximum Selected Reserve officer affiliation bonus.
(Sec. 617) Increases from $2,000 to $4,000 the maximum incentive bonus for reserve personnel who convert their military occupational specialty to one in which there is a shortage of trained and qualified personnel.
Subtitle C: Travel and Transportation Allowances - (Sec. 631) Authorizes the payment of a travel and transportation allowance for a member of the Selected Reserve who is involuntarily separated due to force structure reductions between October 1, 2012, and December 31, 2018, and subsequently fills a critical vacancy in another Selected Reserve unit that is at more than 150 miles from the member's residence. Allows such payment to include an allowance for dependents and household effects.
(Sec. 632) Authorizes the Secretary to establish a program to provide transportation on DOD aircraft on a space-available basis for: (1) active duty personnel; (2) reserve members holding a valid Uniformed Services Identification and Privilege Card; (3) retired members who, but for not attaining age 60, would be eligible for military retired pay; and (4) certain dependents of members described above. Allows the Secretary to establish an order of priority based on considerations of military needs and readiness.
Subtitle D: Disability, Retired Pay, and Survivor Benefits - (Sec. 641) Waives payment of premiums under the Survivor Benefit Plan (SBP) for members retiring under the Federal Employees Retirement System (FERS) when such member waives military retired pay in order to elect civil service retirement and provide a survivor annuity.
(Sec. 642) Removes members from automatic enrollment as a dependent under the Family Servicemembers' Group Life Insurance program when they are already insured under the Servicemembers' Group Life Insurance program.
Subtitle E: Military Lending Matters - (Sec. 651) Includes as consumer credit, for purposes of consumer credit protection for members and their dependents during a member's military service, vehicle title and payday loans, as well as tax refund anticipation loans. Directs the Secretary to prescribe a policy on the predatory extension of credit via installment loans which target members and their dependents.
(Sec. 652) Applies the prohibition against charging out-of-state members higher interest rates on loans than what is permitted for residents of such state to other forms of consumer credit regulated by the Secretary for the credit protection of members.
(Sec. 653) Provides civil relief for violations of the protections on consumer credit extended to members and their dependents, including actual and punitive damages as well as equitable and declaratory relief.
(Sec. 654) Conforms the definition of "dependent" for purposes of consumer credit extended to members and their dependents with such definition as used to establish certain military pay and allowances.
(Sec. 655) Requires the enforcement of protections on consumer credit for members and their dependents through appropriate banks, credit unions, banking associations, and related agencies.
Subtitle F: Other Matters - (Sec. 661) Revises a DOD program which provides transitional compensation and other benefits for the dependents of members who were separated from service due to dependent abuse to include under such coverage a child who was carried during pregnancy at the time of the abuse and born thereafter.
(Sec. 662) Directs the Secretary to report to the defense and appropriations committees on the issuance by the Armed Forces Medical Examiner of death certificates for members who die on active duty abroad, including mechanisms for reducing or ameliorating issuance delays.
Title VII: Health Care Provisions - Subtitle A: TRICARE Program - (Sec. 701) Authorizes TRICARE Standard and dental program coverage for members involuntarily separated from the Selected Reserve under other than adverse conditions, as characterized by the Secretary concerned. Continues such coverage for 180 days after such separation.
(Sec. 702) Authorizes the Secretary to implement procedures to place selected over-the-counter drugs on the DOD pharmacy benefits program's uniform formulary and make such drugs available to eligible beneficiaries. Allows such a drug to be selected and included only if DOD's Pharmacy and Therapeutics Committee finds that it is cost- and clinically-effective.
(Sec. 703) Amends the NDAA for Fiscal Year 1996 to require an ongoing evaluation of the effectiveness of the TRICARE program to include its impact on members and their dependents, military retirees (current law) and their dependents, dependent children under age 21, and dependents of members on active duty with severe disabilities and chronic health care needs.
(Sec. 704) Requires a report from the Secretary to the defense committees setting forth DOD policy on the future availability of TRICARE Prime for eligible beneficiaries in all TRICARE regions.
(Sec. 705) Requires the treatment of developmental disabilities under the TRICARE program to include behavioral health treatment, including applied behavioral analysis, when prescribed by a physician. Outlines requirements, including appropriate licensing or certification, with respect to the provision of such services. Provides behavioral health treatment exclusions.
(Sec. 706) Expresses the sense of Congress that: (1) members and their families endure unique and extraordinary demands and make extraordinary sacrifices over the course of 20 to 30 years of service, as do those who have been medically retired; and (2) access to quality health care services during retirement is an earned benefit in acknowledgment of such service and sacrifices.
Subtitle B: Other Health Care Benefits - (Sec. 711) Allows the use of DOD funds for abortions in cases of rape or incest.
(Sec. 712) Provides that members covered under military medical and dental care who have been diagnosed with a condition for which the recommended course of treatment is recognized as a cause for infertility shall also be entitled to fertility preservation treatment as part of such care.
(Sec. 713) Revises provisions concerning mental health assessments of members deployed in support of a contingency operation to: (1) extend one of the periods during which such assessments are required, and (2) limit the pre-deployment and post-deployment assessments to those members who will be, or were, subjected or exposed to operational risk factors during such deployment.
Subtitle C: Health Care Administration - (Sec. 721) Includes within medical malpractice provisions of the Federal Tort Claims Act DOD subcontractors providing health care services under personal services contracts.
(Sec. 722) Authorizes the Secretary to carry out a program to assess the feasibility and advisability of enhancing DOD efforts in research, treatment, education, and outreach on mental health and substance abuse disorders and traumatic brain injury (TBI) in members of the National Guard and reserves, their family members, and their caregivers. Requires a program report from the Secretary to the defense committees.
Subtitle D: Reports and Other Matters - (Sec. 731) Requires each department Secretary to submit semiannually to Congress data on their department's performance in addressing the care, management, and transition needs of members who participate in a Warriors in Transition program. Terminates the report requirement at the end of FY2017.
(Sec. 732) Directs the Secretary to submit to the defense committees the results of a comprehensive review of the adequacy and effectiveness of DOD policies, procedures, and systems in providing support to members who experience traumatic injury as the result of a DOD-required vaccination.
(Sec. 733) Directs the Secretary to submit to such committees a plan to streamline DOD programs that address psychological health and TBI among members. Requires an additional report on the status of plan implementation.
(Sec. 734) Requires the Secretary to report to such committees on the implementation of CG recommendations that address the prevention and abatement of hearing loss, data collection on hearing loss, and the need for a new interagency data sharing system to address and track hearing injuries and loss.
(Sec. 735) Expresses the sense of the Senate that: (1) the Secretaries of DOD and the Department of Veterans Affairs (VA) should develop a plan to ensure a sustainable flow of qualified counselors to meet the long-term needs of members, veterans, and their families; and (2) such plan should include the participation of accredited schools and universities, health care providers, professional counselors, family service or support centers, chaplains, and other appropriate DOD and VA resources.
(Sec. 736) Directs the Secretary and the Attorney General to jointly carry out a program under which members and their dependents may deliver controlled substances to designated facilities for disposal under provisions of the Controlled Substances Act.
Subtitle E: Mental Health Care Matters - (Sec. 751) Directs the Secretary to: (1) establish a position for the oversight and management of all DOD suicide prevention and resilience and preventative behavioral health programs; (2) develop and implement a program on the prevention of suicide among members; (3) standardize, assess, and monitor DOD medical evaluation boards, physical evaluation boards, and physical evaluation board liaison officers; (4) contract for an independent assessment of whether the mental health care benefits available to members and their beneficiaries under the TRICARE program are adequate to meet their needs; (5) enter into a joint memorandum of understanding (MOU) with the VA Secretary providing for the DOD-VA sharing of the results of examinations and records under the medical tracking system for members deployed overseas; (6) enter into a DOD-VA MOU providing for certain combat-experienced former members to be considered for employment as VA peer counselors; and (7) establish an organization to discharge certain responsibilities relating to DOD research and medical practices on mental health conditions. Requires reports with respect to some of the above requirements.
(Sec. 758) Requires the Administrator of the Drug Enforcement Administration (DEA) to enter into a MOU with the Secretary to establish procedures under which a member may deliver a controlled substance to another member or a DOD employee for disposal under provisions of the Controlled Substances Act.
(Sec. 759) Directs the VA Secretary to: (1) develop and implement measures to assess VA mental health care services, as well as guidelines for the staffing of such services; and (2) report semiannually to the veterans committees on progress in developing and implementing such measures and guidelines.
(Sec. 760) Expands the Vet Center program of counseling to former members who served on active combat duty to include the furnishing of counseling to their family members.
(Sec. 761) Authorizes the VA Secretary to furnish mental health care to immediate family members of members currently deployed in connection with a contingency operation. Terminates such authority three years after the enactment of this Act.
(Sec. 762) Establishes in the Veterans Health Administration the Readjustment Counseling Service, to provide veterans' readjustment counseling and associated services. Requires an annual Service activities report from the VA Secretary to the veterans committees.
(Sec. 763) Directs the VA Secretary to carry out a national outreach program to recruit mental health providers to provide such services for the VA on a part-time, no-compensation basis.
(Sec. 764) Requires (under current law, authorizes) the VA Secretary to carry out a counseling program for veteran peer counselors. Requires such program, as well as peer outreach and peer support services, to be carried out at each VA medical center.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Provisions Relating to Major Defense Acquisition Programs - (Sec. 801) Directs the Secretary to modify acquisition regulations to prohibit DOD from entering into cost-type contracts for the production of major defense acquisition programs (MDAPs). Provides an exception when the Under Secretary certifies that such a contract is needed to provide a required capability in a timely and cost-effective manner. Applies such requirements to MDAP production contracts entered into on or after October 1, 2014.
(Sec. 802) Directs the Secretary to ensure that the acquisition strategy for each MDAP: (1) provides for breaking out a major subsystem or subassembly, conducting a separate competition or negotiating a separate price for the subsystem or subassembly, and providing the subsystem or subassembly to the prime contractor as government-furnished equipment; and (2) in any case where it is not practical or appropriate to break out a major subsystem or subassembly and provide it to the prime contractor as government-furnished equipment, includes measures to prevent excessive pass-through charges by the prime contractor.
(Sec. 803) Revises generally oversight and supervisory responsibilities of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation with respect to MDAP chief developmental testers and lead developmental test evaluation organizations.
(Sec. 804) Requires the Under Secretary, at least 30 days before entering into a contract for the development or production of a MDAP with a potential termination liability in excess of $100 million, to report to the defense and appropriations committees on such potential liability.
(Sec. 806) Amends the Weapon Systems Acquisition Reform Act of 2009 to repeal the requirement to review ongoing MDAPs initiated before the enactment of DOD milestone B certification and approval process requirements.
Subtitle B: Acquisition Policy and Management - (Sec. 821) Amends the NDAA for Fiscal Year 2012 to extend through FY2014 the temporary limit on the aggregate annual expenditures for DOD contract services.
(Sec. 822) Directs the Secretary to revise the Department of Defense Supplement to the Federal Acquisition Regulation (DOD-FAR) in order to prohibit DOD from awarding a contract for services unless the contractor agrees that at least 50% of the direct labor costs under the contract will be performed by such contractor's employees or by a subcontractor specifically identified in the contract.
(Sec. 823) Allows amounts from the Defense Acquisition Workforce Development Fund to be used for temporary acquisition personnel only for training such personnel in the performance of acquisition-related functions and duties. Extends through FY2017 DOD authority for the expedited hiring of acquisition workforce personnel. Requires the Under Secretary to develop an implementation plan for the limited funding authority for the temporary personnel.
(Sec. 824) Directs the Secretary to review, and report to the defense and appropriations committees on, the profit guidelines in DOD-FAR to identify any modifications necessary to ensure an appropriate link between contractor profit and contractor performance.
(Sec. 825) Amends the NDAA for Fiscal Year 2008 to: (1) repeal the requirement of DOD Inspector General follow-up reports on internal controls for procurements made by DOD through certain non-defense federal agencies; and (2) authorize (under current law, direct) the inspectors general of DOD and the non-defense agencies to enter into a memorandum of understanding concerning their review and determinations with respect to such internal controls.
(Sec. 826) Amends the Skelton Act to extend until January 1, 2016, a pilot program on the management of DOD supply chain risk.
(Sec. 827) Expresses the sense of the Senate in support of: (1) DOD efforts to implement the Item Unique Identification Initiative (Initiative) (the marking and tracking of assets deployed throughout the Armed Forces or in the possession of DOD contractors), (2) measures to verify contractor compliance with DOD-FAR regulations on unique identification, (3) DOD adoption and implementation of Initiative actions and milestones, and (4) DOD capture and use of Initiative meaningful data and benefits.
Subtitle C: Amendments Relating to General Contracting Authorities, Procedures, and Limitations - (Sec. 841) Authorizes the head of a defense agency to require submission of cost or pricing data for a major system or subsystem or component thereof that is not a commercially available off-the-shelf item and was not developed exclusively at private expense. Authorizes such agency head, when price information is not adequate to evaluate reasonableness, to require the submission of uncertified cost data adequate for such evaluation.
(Sec. 842) Sets the maximum annual defense contractor employee compensation at the maximum annual aggregate pay limit for federal employees (currently $230,700) established by the Office of Management and Budget (OMB). Directs the DOD Inspector General, 120 days after the enactment of this Act, to report to Congress on the effect of such modification.
(Sec. 843) Authorizes Defense Contract Audit Agency access to defense contractor internal audit reports related to the efficacy of contractor or subcontractor internal controls and the reliability of contractor or subcontractor business systems. Requires the Director of such Agency to issue revised guidance on Agency auditor access to contractor internal audit reports and supporting materials.
(Sec. 844) Provides additional whistleblower protections for defense contractor employees, including: (1) extending such protection to subcontractor employees; (2) adding as a valid disclosure an abuse of authority relating to a DOD contract or grant; (3) specifying the individuals and officials to whom such disclosures may be made, including management officials of the contractor; (4) extending coverage to reprisal actions taken in concert with the contracting agency; (5) conforming standard-of-proof requirements to those applicable for federal employees; (6) prohibiting whistleblower protections from being waived by an arbitration agreement; (7) prohibiting the payment of contractor legal fees if the contractor is determined to have engaged in a reprisal; and (8) establishing statutes of limitations for complaints and appeals.
(Sec. 844A) Prohibits an employee of a federal (non-defense) contractor, subcontractor, or grantee from being discharged, demoted, or otherwise discriminated against for disclosing to specified persons or bodies information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract. Includes as appropriate persons or bodies for such disclosure a Member of Congress, an inspector general, the Government Accountability Office (GAO), a federal employee responsible for contract or grant oversight or management, an authorized official of the Department of Justice (DOJ) or other law enforcement agency, a court or grand jury, or a management official or other employee of the contractor, subcontractor, or grantee responsible for investigating, discovering, or addressing misconduct. Outlines procedures for the investigation of such complaints (with a three-year statute of limitations), remedy and enforcement authority through the appropriate inspector general, and judicial review through the appropriate appellate court.
(Sec. 845) Directs the Secretary to review the guidance on personal conflicts of interest for contractor employees to determine whether it would be in the best interest of DOD and the taxpayers to extend such guidance to personal conflicts of interest by contractor personnel performing: (1) functions other than acquisition functions that are closely associated with inherently governmental functions, (2) personal services contracts, and (3) contracts for staff augmentation services. Requires a report from the Secretary to the defense committees on such review and any required revision of regulations.
(Sec. 846) Repeals the September 30, 2016, sunset for DOD authority to file bid protests for task and delivery orders in excess of $5 million.
(Sec. 847) Requires annual reports, after each of FY2013-FY2016, from the Secretary to the defense, budget, and appropriations committees on the use of indemnification agreements within defense contracts.
(Sec. 848) Amends the Small Business Act with respect to federal procurement contracting with small businesses owned and controlled by women to: (1) remove the requirement that a federal contracting officer may restrict a contract competition to small businesses owned and controlled by women only if such women are economically disadvantaged, (2) remove contract anticipated award price limits, and (3) direct the Administrator of the Small Business Administration (SBA) to periodically study and report to the small business committees on industries underrepresented by small businesses owned and controlled by women.
Subtitle D: Provisions Relating to Wartime Contracting - Wartime Contracting Reform Act of 2012 - (Sec. 861) Directs the Secretary to: (1) prescribe in regulations the chain of authority and responsibility within DOD for policy, planning, and execution of contract support for overseas contingency operations; and (2) report to the defense and appropriations committees on such regulations. Requires the CG to assess such regulations and report assessment results to such committees.
(Sec. 862) Requires the Secretary, within one year after the commencement or designation of a contingency operation that includes combat operations and annually thereafter until the end of such operation, to report to specified congressional committees on contract support for the operation. Requires additional reports, under the same timelines, from the Secretary of State and the Administrator of the United States Agency for International Development (USAID) with respect to contract support for such operations. Provides an exception.
(Sec. 863) Requires the DOD military readiness reporting system to measure, on an annual basis, the capability of operational contract support for current and anticipated wartime missions. Makes the Chairman of the Joint Chiefs of Staff (JCS) responsible for determining the operational contract support requirements of the Armed Forces and recommending appropriate resources therefor. Requires the curriculum for each phase of joint professional military education to include courses relating to contracting for contingency operations.
(Sec. 864) Directs the Secretaries of Defense and State and the USAID Administrator, within six months after the commencement or designation of an overseas contingency operation that includes or is expected to include combat operations, to perform a comprehensive risk assessment and develop a risk mitigation plan for operational and political risks associated with contractor performance of critical functions supporting such operation. Provides exceptions. Requires such officials to submit each assessment and plan to specified congressional committees.
(Sec. 865) Amends the NDAA for Fiscal Year 2008 to extend until February 1, 2015, DOD reports on contracting in Iraq and Afghanistan. Repeals CG review of such reports.
(Sec. 866) Amends the NDAA for Fiscal Year 2010 to extend through 2014 DOD temporary authority to acquire products and services in countries located along a major supply route to Afghanistan. Repeals an expired report requirement.
(Sec. 867) Applies, without exceptions or exemptions, Buy American requirements in the case of any textiles or components supplied by DOD to the Afghanistan National Army or the Afghanistan National Police for the production of uniforms.
(Sec. 868) Expresses the sense of the Senate that: (1) Latvia and other NATO member nations along the Northern Distribution Network routes (Network routes) are key economic and security partners of the United States and are to be commended for their contribution to ensuring that U.S. and International Security Assistance Force troops have reliable lines of supply to achieve their mission in Afghanistan; (2) when quality products at competitive prices are available, significant effort should be made to procure goods locally from Latvia and other NATO nations along the Network routes; and (3) Latvia and other NATO nations along the Network routes remain allies of the United States in the region, and a mutually beneficial relationship should continue to be cultivated between the United States and such nations.
(Sec. 869) Amends the Inspector General Act of 1978 to outline responsibilities of the inspectors general of DOD, the Department of State, and USAID upon the commencement or designation of an overseas contingency operation (OCO) that exceeds 90 days. Directs the Council of Inspectors General on Integrity and Efficiency to establish a standing committee on OCOs, which shall undertaken specified activities to improve OCO oversight, including an annual joint-strategic plan for ongoing and anticipated OCO oversight. Requires the establishment of a Lead Inspector General for each OCO that exceeds 90 days, with specified responsibilities and required reports.
(Sec. 870) Requires the Secretaries of Defense and State and the USAID Administrator, within 180 days after the designation or commencement of an OCO and semiannually thereafter until its termination, to make available to the inspector general of the department or agency concerned the information required in the reports of the Lead Inspector General designated above. Requires the audit of such information for accuracy and completeness.
(Sec. 871) Expands the responsibilities of chief acquisition officers in federal agencies to include oversight of contracts and contracting activities for OCOs.
(Sec. 872) Directs the Secretary of State and the USAID Administrator to submit to specified congressional committees an assessment of their departments' policies governing contract support for OCOs. Requires a related CG report on the progress of such departments in implementing changes and improvements to such policies.
(Sec. 873) Requires the Secretary of State to develop and administer a course on acquisition for Department of State support and participation in OCOs.
(Sec. 874) Requires the Administrator of Federal Procurement Policy to establish and maintain a database of prices of items and services charged to the federal government under government contracts, in order to assist federal agencies in evaluating offers for contracts which include such items and services.
(Sec. 875) Amends the Hunter Act to include corporations as covered persons required to submit specified information to the Administrator of General Services (GSA) regarding their performance under federal contracts or grants exceeding $500,000.
(Sec. 876) Directs the Federal Acquisition Regulatory Council to develop a strategy for ensuring that timely, accurate, and complete information on contractor performance is included in past performance databases used by executive agencies for making source selection decisions. Requires FAR to be revised to require that affected contractors: (1) are notified of the information to be so included; and (2) given up to 14 days to submit comments, rebuttals, or additional information on their behalf. Directs the CG to report to specified congressional committees on Council actions taken pursuant to this section.
(Sec. 877) Amends the NDAA for Fiscal Year 2008 to direct the Secretary to make publicly available any information contained in a DOD database or repository concerning certain senior DOD officials seeking employment with defense contractors within two years after leaving their former position.
Subtitle E: Other Matters - (Sec. 881) Outlines specified requirements and limitations for suspension and debarment officials, including: (1) maintaining at least one official for each military department the Defense Logistics Agency, the Department of State, and the USAID; (2) that each official not be subject to the supervision or control of the acquisition office or inspector general of either DOD or the department or agency concerned; (3) that each official document the basis for any final decision taken pursuant to a formal suspension or debarment referral; and (4) that each official develop written policies for the consideration of referrals. Requires the Interagency Committee on Debarment and Suspension to submit annually a summary of suspensions, debarments, and administrative agreements during the previous year.
(Sec. 881A) Directs DOD-FAR to be revised to provide for the automatic referral to the appropriate suspension and debarment official of individuals charged with or alleged to have engaged in criminal action under a contract of an executive agency.
(Sec. 882) Requires the Secretary and the Administrator of the Office of Federal Procurement Policy (OFPP) to: (1) establish uniform standards, requirements, and rules for processing DOD procurement requests, contracts, receipts, and invoices; (2) establish and maintain one or more electronic contract writing systems that conform with such standards, requirements, and rules; and (3) require the use of electronic contract writing systems approved for all contracts entered into by DOD. Provides a phase-in of the approved systems. Requires a report from the Secretary and the Administrator to specified congressional committees on the requirements of this section.
(Sec. 883) Directs the CG to: (1) review the use of the unusual and compelling urgency exception to full and open competition within acquisition organizations of DOD, the Department of State, and USAID; and (2) report review results to specified congressional committees.
(Sec. 884) Authorizes the Secretary concerned to allow the Defense Contract Management Agency, in advance of the award of a procurement contract, to test and inspect an item when such inspection or testing is determined to be critical to a specific DOD program.
(Sec. 885) Disestablishes the Defense Materiel Readiness Board established under the NDAA for Fiscal Year 2008, as well as the Department of Defense Strategic Readiness Fund.
(Sec. 886) Revises the required waiting period following congressional notification of DOD intent to contract for the lease of certain vessels and vehicles.
(Sec. 887) Amends the NDAA for Fiscal Year 1994 to extend through FY2018 DOD authority to carry out projects relevant to weapons or weapon systems proposed to be acquired or developed by DOD through transactions other than contracts, grants, or cooperative agreements.
(Sec. 888) Amends the Small Business Act to require an offeror with respect to a contract let by a federal agency that is to be awarded pursuant to the negotiated method of procurement that intends to identify a small business as a potential subcontractor to notify the small business that the offeror intends to identify it as a potential subcontractor. Directs the SBA Administrator to establish a reporting mechanism that allows subcontractors to report fraudulent activity by a contractor with respect to a federal small business subcontracting plan.
(Sec. 889) Requires the suspension and debarment officials of the military departments and the Defense Logistics Agency to each report to the defense and appropriations committees on their activities.
(Sec. 889A) Directs the Secretary to: (1) contract with a federally funded research and development center (FFRDC) to conduct a study on the Army's acquisition of small arms and ammunition, and (2) report study results to the defense and appropriations committees.
(Sec. 889B) Directs the Secretary to conduct a study, and report to such committees, on defense contracting fraud.
(Sec. 889C) Requires the Secretary to submit to such committees a plan to increase the number of contractors eligible to be awarded contracts under the Air Force Network-Centric Solutions-2 indefinite delivery and quantity contract.
(Sec. 889D) Directs the CG to include in a required annual GAO report a list of the most common grounds for sustaining protests relating to bids for contracts.
(Sec. 889E) Treats certain base closure areas as a HUBZone (heavily underutilized business zone), for SBA loan eligibility purposes, for a five-year period beginning on the date of enactment of this Act.
Subtitle F: Ending Trafficking in Government Contracting - End Trafficking in Government Contracting Act of 2012 - (Sec. 893) Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to pay return transportation costs to an employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees unreasonable placement or recruitment fees, or (5) provide inadequate housing conditions.
(Sec. 894) Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at more than $500,000 unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons.
(Sec. 895) Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to promptly refer the matter to the agency's inspector general for investigation. Requires such inspector general to report investigation results. Allows an agency head, after such a report, to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement.
(Sec. 896) Requires an agency head that receives credible information concerning trafficking under a federal grant, contract, or cooperative agreement to: (1) immediately inform the inspector general of such agency; and (2) fully cooperate with federal agencies responsible for audits, investigations, or corrective actions relating to such trafficking.
(Sec. 897) Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so, to work on on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.
(Sec. 898) Requires the Interagency Task Force to Monitor and Combat Trafficking to monitor all known cases and activities involving trafficking in persons that are reported to certain DOD officials.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Directs the Secretary to: (1) define for purposes of joint doctrine the terms "preparation of the environment" and "operational preparation of the environment"; and (2) report to the defense committees on the defined terms.
(Sec. 902) Includes as a duty of the Nuclear Weapons Council the provision of programmatic guidance on nuclear command, control and communications systems. Directs the Council to submit annually to Congress a certification of whether amounts requested for the National Nuclear Security Administration (NNSA) meets nuclear stockpile and stockpile stewardship requirements.
(Sec. 903) Requires additional qualifications and responsibilities of DOD's Chief Management Officer upon the failure to obtain an audit with an unqualified audit opinion on its financial statements for FY2017.
(Sec. 904) Requires military departments and defense agencies to submit to DOD's Deputy Chief Management Officer information on covered defense business system programs as necessary for a defense business system investment review.
Subtitle B: Space Activities - (Sec. 911) Places the Operationally Responsive Space Program Office within the Air Force Space and Missile Systems Center. (Under current law, such Office is under DOD.) Directs the Secretary to establish the Operationally Responsive Space Executive Committee to provide coordination, oversight, and approval of Office projects. Authorizes the Secretary of the Air Force to transfer certain prior-year Air Force funds to other, high priority Air Force programs, and directs such Secretary to submit to the defense and appropriations committees a program plan for such higher priority programs.
(Sec. 912) Authorizes the Secretary, in order to assist the Secretary of Transportation with respect to private-sector involvement in commercial space activities and public-private partnerships pertaining to space transportation infrastructure (STI), to: (1) maximize the use of DOD STI by the private sector, (2) maximize the effectiveness and efficiency of the DOD STI, (3) reduce the cost of STI services provided by DOD, (4) encourage commercial space activities by enabling investment in the DOD STI by non-federal entities engaged in commercial space activities, and (5) foster cooperation between DOD and such entities. Authorizes the Secretary to enter into contracts and other agreements relating to STI, and to accept contributions in furtherance of STI activities. Establishes the Defense Cooperation Space Launch Account for such purposes. Requires an annual report from the Secretary to the defense and appropriations committees on funds, services, and equipment accepted and used for such purposes.
(Sec. 913) Directs the Under Secretary to report to the defense and appropriations committees on each major satellite acquisition program that assesses the integration of schedules for the acquisition and delivery of the capabilities of components for the program, as well as its funding. Requires the Milestone Decision Authority of each such program to include such report as part of the documentation used to approve program acquisition. Directs the Under Secretary to notify such committees in the event of the non-integration of the acquisition and capability delivery schedules of any such program.
(Sec. 914) Amends the NDAA for Fiscal Year 2000 to require, in the event of any dispute resolution process involving the surrender of the use of DOD bands of electromagnetic frequencies, that DOD has adequate representation to convey its views.
Subtitle C: Intelligence-Related and Cyber Matters - (Sec. 921) Authorizes DOD to provide geospatial intelligence support to regional organizations with defense or security components, as well as international organizations and security alliances of which the United States is a member.
(Sec. 922) Directs: (1) the Secretary of the Army to assign responsibility for oversight of the development, acquisition, testing, and fielding of the distributed common ground system cloud computing program to the Army Chief Information Officer (CIO); and (2) the Army CIO to submit to the Secretary a review of such program.
(Sec. 923) Directs the Secretary to: (1) substantially reduce the number of sub-networks and network enclaves, and their associated security and access management controls, across DOD; (2) establish and carry out a personnel plan that reassigns network operations and security personnel affected by such reduction; and (3) submit such plan to the defense and appropriations committees.
(Sec. 924) Requires the DOD CIO to develop and submit to Congress a strategy to acquire next-generation host-based cybersecurity tools and capabilities for DOD.
(Sec. 925) Directs the Under Secretary to: (1) develop a comprehensive program for improvements of the security, quality, and competition in the computer software procured for DOD major systems, national security systems, and critical information systems; (2) provide for specified secure code development practices through the Director of the Defense Information Systems Agency; (3) develop guidance and direction for DOD program managers of such systems that ensures conformity with required software coding; (4) study potential mechanisms for obtaining higher quality and secure development of DOD software; and (5) establish or require software repositories and collaborative software development environments.
(Sec. 926) Directs the Under Secretary to: (1) develop an inventory of all DOD data link systems in use and in development; (2) conduct a business case analysis of whether such systems' upgrade, new deployment, or replacement should be open to competition; (3) develop, for the appropriate systems, a plan to achieve such competition; (4) prepare, for the appropriate systems, a justification of those that should not be open to competition; and (5) submit to Congress any plan developed under (3) above. Directs the CG to assess any plan submitted, and report assessment results to Congress.
(Sec. 927) Requires the Director of the Intelligence, Surveillance, and Reconnaissance Task Force to: (1) develop a plan to rapidly achieve an operationally integrated signals intelligence collection and dissemination capability to meet requirements for detecting, tracking, and geolocating high-band communications devices to trigger immediate observation and tracking of high-value targets by imagery sensor; and (2) coordinate funding, oversight, system deployment, and operational support of combat operations for purposes of the development and deployment of such capability.
(Sec. 928) Authorizes the DOD CIO to use available funding and capabilities of the Community Data Center of the Defense Information Systems Agency to develop and demonstrate collection, processing, and storage technologies for DOD network flow data, especially with respect to cybersecurity threats and defenses.
(Sec. 929) Prohibits any DOD component from utilizing the cloud computing database developed by the National Security Agency (NSA) and known as "Accumulo" after the end of FY2013, unless the DOD CIO certifies that: (1) there are no viable commercial open source databases that have such security features, or (2) Accumulo itself has become a successful open source database project. Requires DOD and intelligence community officials to coordinate the use by DOD components of cloud computing infrastructure and services offered by the intelligence community for purposes other than intelligence analysis.
(Sec. 930) Requires the Secretary and the Director of National Intelligence (DNI) to jointly sustain through FY2013 the commercial electro-optical imaging collection capacity that was planned under the Enhanced View program to be available to DOD through service-level agreements with commercial data providers. Directs the JCS Vice Chairman to submit to the Congressional Budget Office (CBO) a report describing DOD peacetime and wartime requirements for electro-optical imagery under current circumstances and anticipated strategy revisions and budgetary constraints. Requires the CBO Director to submit a report assessment to the defense, appropriations, and intelligence committees. Provides funding for the service level agreements.
(Sec. 931) Directs the DOD CIO to: (1) conduct a department-wide inventory of software licenses, examine license utilization rates, and assess DOD current and future need for such licenses; and (2) develop a plan to bring the number of such licenses into balance with DOD needs.
(Sec. 932) Prohibits any amounts authorized for the Military Intelligence Program from being obligated or expended to provide for a number of DOD personnel conducting or supporting human intelligence in excess of such number as of April 20, 2012. Requires: (1) the DOD Director of Cost Assessment and Program Evaluation to submit to the defense, appropriations, and intelligence committees an independent estimate of the costs of the Defense Clandestine Service; and (2) the Under Secretary of Defense for Intelligence to report to such committees with respect to the management and deployments of Service case officers.
(Sec. 933) Authorizes the Secretary of the Air Force to extend or renew, for a conditional short term, aircraft supporting the Blue Devil intelligence, surveillance, and reconnaissance program. Provides funding.
(Sec. 934) Expresses the sense of the Senate that DOD: (1) must ensure full visibility and adequate control of its supply chain, including subcontractors, in order to mitigate supply chain exploitation; and (2) needs the authority and capability to mitigate supply chain risks to its information technology systems that fall outside the scope of national security systems.
(Sec. 935 Expresses the sense of Congress that Congress: (1) recognizes the serious cyber threat to national security and the need to protect the nation's networks and critical infrastructure, (2) acknowledges the importance of DOD's unified command structure and recognizes that a change in the status of the U.S. Cyber Command has department-wide and national security implications, (3) expects to be briefed and consulted about any proposal to elevate such Command to a unified command before a decision by the Secretary to make such a proposal to the President, and (4) believes that appropriate policy foundations and standing rules of engagement must be in place before any decision to create a unified U.S. Cyber Command.
(Sec. 936) Directs the Under Secretary for Intelligence to: (1) establish a process by which cleared defense contractors shall report to designated DOD elements when a designated network or information system of such contractor is successfully penetrated, and (2) establish criteria for designating the appropriate networks or information systems that shall be subject to such reporting process.
Subtitle D: Other Matters - (Sec. 941) Amends the David L. Boren National Security Education Act of 1991 to authorize the Secretary to establish and maintain within DOD a National Language Service Corps to provide a pool of personnel who agree to provide foreign language services to DOD or another federal department or agency. Directs the Secretary, if the Corps is established, to provide for a National Security Education Board to oversee and coordinate Corps activities. Authorizes the Secretary to impose fees for language services and technical assistance rendered by Corps personnel.
(Sec. 942) Directs the Secretary of the Air Force and the Air Force Chief of Staff to jointly report to the defense and appropriations committees on education and training and promotion rates for Air Force pilots of remotely piloted aircraft.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Authorizes the Secretary, if the amount authorized for NNSA weapons activities is less than the amount projected to be required for FY2013, to transfer up to $150 million of DOD-authorized funds to the Secretary of Energy for such purposes. Requires congressional notification of any such transfer.
(Sec. 1003) Amends the NDAA for Fiscal Year 2010 to require the statement of budgetary resources of DOD to be validated as ready for audit by no later than September 30, 2014. Directs the chief management officers of DOD and the military departments to ensure that plans to achieve such goal include appropriate steps to minimize one-time fixes and manual work-arounds, are sustainable and affordable, and will not delay full auditability of financial statements. Requires additional audit-related information in each semiannual report on the financial improvement and audit readiness plan required under such Act.
(Sec. 1004) Directs the Secretary to report to the defense committees on the impact on DOD of the sequestration of funds authorized and appropriated for FY2013, if automatically triggered on January 2, 2013, under the Balanced Budget and Emergency Deficit Control Act of 1985.
(Sec. 1005) Requires the Secretary to submit to Congress the total amount of all balances carried forward by DOD at the end of FY2012, as well as the total amount of any balances carried forward for five years or more as of the end of FY2012.
(Sec. 1006) Authorizes the Secretary to transfer from FY2012-FY2013 procurement or RDT&E funds an aggregate of $46 million, to be available for additional authorizations for: (1) Spectral Warrior hardware, (2) electro-optical and infrared sensors, and (3) digital radio frequency modulation countermeasures studies and simulations.
Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the NDAA for Fiscal Year: (1) 2004 to extend through FY2013 DOD authority for joint task forces to support law enforcement agencies conducting counter-terrorism activities, and (2) 1998 to require biennial (rather than annual) certification of DOD support provided to certain foreign governments for counter-drug activities.
(Sec. 1013) Earmarks specified DOD drug interdiction and counter-drug activities funds to support a unified campaign by the government of Colombia against narcotics trafficking and terrorist organizations. Prohibits, as part of such support, the participation of any U.S. Armed Forces, civilian employees, or civilian contractor personnel except for self-defense or rescue purposes. Requires a report from the Secretary to the defense and appropriations committees for any year in which such support is provided.
(Sec. 1014) Directs the Secretary to submit quarterly to such committees a description of the expenditure of funds from the Drug Interdiction and Counter-Drug Activities, Defense account, including with respect to the direct or indirect support of counter-drug activities of foreign governments. Terminates the report requirement at the end of FY2016.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Directs the Chief of Naval Operations to submit to the defense and appropriations committees a description of the current Navy requirements for combatant vessels, including submarines. Requires additional information if the number of such vessels is less than 313.
(Sec. 1022) Requires such Chief and the Commandant of the Marine Corps to jointly submit to such committees an assessment of the Marine Corps Prepositioning Program-Norway and the capability of such Program to address any readiness gaps that will be created by termination of the Maritime Prepositioning Ship Squadron One in the Mediterranean. Prohibits funds from being used for a Maritime Prepositioning Ship squadron termination until such report is submitted.
(Sec. 1023) Expresses the sense of Congress that: (1) the sea services of the United States should be funded and maintained to provide the broad spectrum of capabilities required to protect U.S. national security; (2) such capabilities should include the ability to project U.S. power anywhere on the globe, protect supply lines, land and recover maritime forces, operate from the subsurface, and prevent piracy at sea; and (3) the Secretaries of Defense and Homeland Security should maintain Navy and Coast Guard recapitalization plans, respectively, as a priority.
(Sec. 1024) Prohibits the Secretary of the Navy from announcing or implementing any proposal to name a Navy vessel until 30 days after submitting to the defense committees a notification of, and justification for, such naming.
Subtitle D: Counterterrorism - (Sec. 1031) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 certain restrictions relating to detainees at U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo).
(Sec. 1032) Prohibits FY2013 DOD funds from being used to transfer or release to the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is, or was, held on or after January 20, 2009, at Guantanamo by DOD.
(Sec. 1033) Amends the federal criminal code to specify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a U.S. citizen or lawful permanent resident apprehended in the United States, unless an Act of Congress expressly authorizes such detention. Applies this section to any such authorizations or declarations enacted before, on, or after the enactment of this Act.
Subtitle E: Miscellaneous Authorities and Limitations - (Sec. 1041) Provides additional responsibilities of the JCS Chairman with respect to the preparation and submission of the National Military Strategy, including an annual assessment of the risks associated with the most recent Strategy or update thereto.
(Sec. 1042) Authorizes the commander of the appropriate special operations command and the commander of any other unified or specified combatant command to pay the expenses of minor military construction directly related to the training of special operations forces, including such forces combined with allied forces. Limits the amounts authorized for such expenses. Allows for the training of other security forces of a friendly foreign country. Requires prior approval of all such training by the Secretary.
(Sec. 1043) Extends through 2020 DOD authority to provide certain business guarantees to carriers participating in the Civil Reserve Air Fleet program. Terminates a provision that limits carrier participation to the provision of passenger travel (thus allowing air cargo services).
(Sec. 1044) Entitles each veteran, for the one-year period following discharge or separation from service, to participate in the DOD transition assistance program (providing counseling, employment and job training assistance, and related services and information).
(Sec. 1045) Amends the NDAA for Fiscal Year 2012 to authorize the Secretary, under the Ministry of Defense Advisor Program, to assign DOD civilian employees as advisors to regional organizations with defense or security components and to international organizations of which the United States is a member.
(Sec. 1046) Amends the Hunter Act to direct the Secretary to collaborate with the Administrators of the Federal Aviation Administration (FAA) and National Aeronautics and Space Administration (NASA) to conduct research and seek solutions to challenges associated with the safe integration of unmanned aircraft systems into the National Airspace System in accordance with the FAA Modernization and Reform Act of 2012. Requires annual reports from the Secretary to Congress, for five years after the enactment of this Act, on the progress of DOD research activity in such regard. Authorizes appropriations.
(Sec. 1047) Expresses the sense of the Senate that the chiefs of the military departments and the Commander of the U.S. Special Operations Command should submit to the defense and appropriations committees a list of any priority military programs or activities under their jurisdiction for which additional funds, if available, would substantially reduce operational or programmatic risk or accelerate the creation or fielding of a critical military capability.
(Sec. 1048) Increases from 125 to 250 the number of defense industry employees authorized to receive instruction: (1) under the Navy defense product development program, and (2) at the United States Air Force Institute of Technology.
(Sec. 1049) Provides that if a military working dog (dog) should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary concerned may transfer the dog to the 341st Training Squadron or to another location for adoption. Authorizes the Secretary to: (1) establish and maintain a system to provide for the veterinary care of retired dogs; and (2) allow for the recognition of dogs that are killed, wounded, or missing in action or that perform an exceptionally meritorious or courageous act in service.
(Sec. 1050) Prohibits this Act's funds from being used to contract with or make a grant or loan to Rosoboronexport. Allows the Secretary to waive such prohibition in the national security interest with respect to the capacity of the Afghan National Security Forces.
(Sec. 1051) Expresses the sense of Congress that the Joint Warfighting Analysis Center should have adequate resources to meet the continuing requirements of the combatant commands.
(Sec. 1052) Directs the Secretary to establish, as part of the DOD Transition Assistance Program, a Transition Assistance Advisor (TAA) program to provide professionals in each state to serve as statewide contacts to assist members in accessing benefits and health care furnished by DOD and the VA. Requires a minimum number of TAAs in each state based on the number of Army and Air National Guard members in such state. Provides additional TAA duties, including the provision of a military-to-civilian transition plan for such members and their families. Provides funding. Requires a program implementation report from the Secretary to Congress.
Subtitle F: Reports - (Sec. 1061) Directs the Secretary to report to the defense and appropriations committees on the use of strategic airlift aircraft under the Civil Reserve Air Fleet program.
(Sec. 1062) Repeals a required: (1) biennial report on the Global Positioning System, and (2) annual report on threats posed by weapons of mass destruction and ballistic and cruise missiles.
(Sec. 1064) Expresses the sense of the Senate with respect to the recycling of end-use technologies that use rare earth elements and the use of fluorescent lighting materials as a recyclable source of heavy rare earth elements. Requires a report from the Secretary to the defense and appropriations committees on the results of a cost-benefit analysis of a DOD program to recapture and recycle fluorescent lighting waste.
(Sec. 1065) Directs the Secretary to submit to such committees an assessment of the feasibility and advisability of establishing a joint Armed Forces historical storage and preservation facility.
(Sec. 1066) Requires the Secretary of the Army to conduct a study on the impacts of a production break for the Bradley Fighting Vehicle.
(Sec. 1067) Directs: (1) the Secretary to review U.S. defense program elements and policies with regard to the Asia Pacific region to determine the resources, equipment, and transportation required to meet strategic and operational goals, and to report review results to the defense and appropriations committees; and (2) the JCS Chairman to prepare and submit to the Secretary an assessment of such review.
(Sec. 1068) Requires the Secretary of the Navy to report to the defense and appropriations committees on plans to implement efficiency initiatives to reduce overhead costs at the Space and Naval Warfare Systems Command.
(Sec. 1069) Requires the Director of the Office of Science and Technology Policy to conduct a study on the ability of DOD and NASA air and ground test and evaluation infrastructure facilities, as well as related private facilities, to support defense hypersonic test and evaluation activities for the short and long term. Directs the Secretary to submit to the defense and science committees such study's results, together with a plan for requirements and proposed investments to meet DOD needs in such areas through 2025.
(Sec. 1069A) Directs the Secretary to provide for an appropriate FFRDC to study the effectiveness of simulated tactical flight training in a sustained gravity environment. Requires: (1) the FFRDC to submit study results to the Secretary, and (2) the Secretary to submit such results to the defense and appropriations committees.
(Sec. 1069B) Requires the Secretary to report to the defense committees on findings of the ongoing DOD review of defense support of U.S. diplomatic security.
(Sec. 1069C) Directs the CG to submit to the defense and appropriations committees an assessment of DOD spending for conferences and conventions.
Subtitle G: Nuclear Matters - (Sec. 1071) Directs the President, beginning in FY2013, to annually certify to the defense and appropriations committees whether plans to modernize or replace strategic delivery systems are fully funded at levels equal to or more than the levels set forth in the November 2010 update to the plan referred to in the NDAA for Fiscal Year 2010. Requires the President, in the case of a not-fully-funded determination, to require specified additional information in the next required report, including whether a loss of military capability will occur because of the insufficient funding.
(Sec. 1072) Directs the Nuclear Weapons Council to submit to Congress a definition of requirements for a combined warhead for the W-78 Minuteman III missile system and the W-88 Trident D-5 missile system.
(Sec. 1073) Requires the CBO Director to submit to the defense and appropriations committees cost estimates covering a 10-year period for U.S. nuclear weapons and their delivery systems.
(Sec. 1074) Directs the President to brief the Senate foreign relations and defense committees on the dialogue between the United States and the Russian Federation on issues related to limits or controls on nuclear arms, missile defense systems, or long-range conventional strike systems. Expresses the sense of the Senate that any agreement reached by such parties obligating the United States to reduce or limit its armaments in any significant manner may be made only pursuant to the President's treaty-making powers under the Constitution.
Subtitle H: Other Matters - (Sec. 1081) Redesignates the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies.
(Sec. 1082) Repeals statutory references to the United States Joint Forces Command (disestablished in August 2011).
(Sec. 1083) Expresses the sense of Congress: (1) that DOD should make every reasonable effort to increase the number of U.S. citizens who pursue advanced degrees in science, technology, engineering, and mathematics (STEM fields); and (2) strongly urging DOD to investigate innovative mechanisms to access the pool of talent of non-U.S. citizens with advanced scientific degrees from U.S. institutions of higher education, especially in those scientific and technical areas most vital to the national defense.
(Sec. 1084) Expresses the sense of the Senate that the United States: (1) should maintain a triad of strategic nuclear delivery systems, and (2) is committed to modernizing the component weapons and delivery systems of such triad.
(Sec. 1085) Directs the VA Secretary to submit to Congress a plan to reduce the current backlog of pending claims for VA benefits and to more efficiently process such claims.
(Sec. 1086) Expresses the sense of the Senate that: (1) DOD airfields, training airspace, and air training routes must be protected from encroachment; (2) placement of obstructions near such areas could potentially increase risk to military aircraft and personnel as well as impact training and readiness; and (3) DOD should develop comprehensive rules and regulations to address construction and use of land in close proximity to such areas to ensure compatibility with military aircraft operations.
(Sec. 1087) Extends through FY2013 VA authority for a program of referral and counseling services to veterans at risk of homelessness who are transitioning from certain institutional living.
(Sec. 1088) Expresses the sense of Congress that the bugle call commonly known as "Taps" should be designated the National Song of Military Remembrance.
(Sec. 1089) Requires the DNI to submit to Congress an intelligence assessment of the Nigerian organization known as Boko Haram.
(Sec. 1090) Repeals the establishment of the federally chartered National Veterans Business Development Corporation.
(Sec. 1091) Withdraws from all entry, appropriation, and disposal under the public land, mining, and mineral and geothermal leasing laws the White Sands Missile Range/Fort Bliss (New Mexico and Texas) area, reserving it for military purposes. Transfers its administrative jurisdiction from the Secretary of the Army to the Secretary of the Interior.
(Sec. 1092) Amends the federal criminal code to impose a fine, up to a five-year prison term, or both for knowingly transporting a girl under the age of 18 from the United States and its territories in foreign commerce for purposes of female genital mutilation.
(Sec. 1093) Prohibits the President from transferring a veterans memorial object to a foreign country or entity controlled by a foreign government unless such transfer is: (1) specifically authorized by law; or (2) made after September 30, 2017. Repeals an obsolete provision under the NDAA for Fiscal Year 2000.
(Sec. 1094) Directs the Secretary to transfer excess DOD aircraft to the Secretaries of Agriculture and Homeland Security for use by the Forest Service and U.S. Coast Guard in carrying out their respective missions. Limits such transfer to 12 aircraft. Outlines transfer conditions. Terminates transfer authority at the end of 2013.
(Sec. 1095) Amends the Wildfire Suppression Aircraft Transfer Act of 1996 to allow the Secretary, during FY2013-FY2017, to sell excess DOD aircraft and parts to persons or entities contracting with the federal government for wildfire suppression purposes.
(Sec. 1096) Amends the federal criminal code to impose a fine, up to a 10-year prison term, or both for the transportation in interstate or foreign commerce of goods, wares, or merchandise consisting of or including a veterans' memorial, headstone, marker, or related object.
(Sec. 1097) Authorizes the VA Secretary to transport individuals to and from VA facilities in connection with vocational rehabilitation, counseling, examination, treatment, or care.
(Sec. 1098) Requires the Director of the American Folklife Center at the Library of Congress to carry out a national public awareness and participation campaign for such Center's Veterans' History Project.
(Sec. 1099) Makes technical amendments relating to the termination of the Armed Forces Institute of Pathology.
(Sec. 1099A) Requires the Secretary of Commerce, beginning with the 2020 census, to ensure that all members deployed abroad are fully and accurately counted in the tabulation of total population by states and properly attributed to the state in which their permanent duty station or homeport is located.
(Sec. 1099B) Directs the VA Secretary, as a condition of a grant or contract to a state for certain veterans' employment and training programs, to require the state to demonstrate the consideration of any military training received or experience gained by a veteran while serving on active duty when approving or denying a license or certification as a nursing assistant, certified nursing assistant, commercial driver, emergency medical technician EMT-B or EMT-1, or emergency medical technician-paramedic.
(Sec. 1099C) Amends the federal criminal code to include among those authorized to carry a concealed weapon for law enforcement purposes any individual authorized to apprehend a person under provisions of the Uniform Code of Military Justice (UCMJ).
(Sec. 1099D) Expresses the sense of Congress that DOD should partner with the United States Postal Service (USPS) to modernize the USPS mail delivery system to address problems with the delivery of absentee ballots and ensure the effective and efficient delivery of such ballots, including through the establishment of a centralized mail forwarding system to ensure that blank ballots are properly redirected.
(Sec. 1099E) Amends the Small Business Jobs Act of 2010 to add the Commonwealth of the Northern Mariana Islands to the list of U.S. territories and possessions eligible for SBA grants to carry out export programs that assist certain small businesses.
Title XI: Civilian Personnel Matters - (Sec. 1101) Authorizes government-provided or reimbursed transportation of family pets of federal civilian employees during evacuations from permanent stations outside the United States.
(Sec. 1102) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Thurmond Act) to increase from 40 to 60 the number of individuals authorized to be appointed by the Secretary to science and engineering positions within the Defense Advanced Research Projects Agency (DARPA).
(Sec. 1103) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2014 the authority of federal departments and agencies to grant certain allowances, benefits, and gratuities to civilian employees on official duty in a combat zone.
(Sec. 1104) Sets at 47 the maximum age limit for an original appointment as a federal law enforcement officer, including with the Capitol Police or Supreme Court Police, in the case of an individual already eligible to receive retired or retainer pay for military service, or pension or compensation through the VA in lieu of such retired or retainer pay. Makes such individuals eligible for a federal annuity upon completion of 10 years of such service and attaining 57 years of age.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the NDAA for Fiscal Year 2006 to: (1) extend through FY2014 DOD authority to assist in building the capacity of allied foreign military forces, and (2) include in a required assistance notification information on assistance provided to any such country during the three preceding fiscal years.
(Sec. 1202) Amends the NDAA for Fiscal Year 2010 to extend through FY2017 the authority for non-reciprocal exchanges of defense personnel between the United States and allied foreign countries.
(Sec. 1203) Authorizes the Secretary to provide assistance for enhancing the capacity of specified military forces in Yemen, Djibouti, Ethiopia, Kenya, and Somalia to conduct counterterrorism operations against al Qaeda, its affiliates, and al Shabaab. Allows such assistance to include equipment, supplies, training, and minor military construction. Limits amounts to be provided for minor military construction. Provides funding. Requires 30 days' prior congressional notification of any such assistance. Terminates assistance authority at the earlier of September 30, 2014, or when the Global Security Contingency Fund achieves full operational capability.
(Sec. 1204) Prohibits the obligation or expenditure of more than 50% of FY2013 funds for the State Partnership Program until certain final regulations and regulatory adjustments are completed to ensure future compliance with the Antideficiency Act.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 the Commanders' Emergency Response Program (urgent humanitarian and reconstruction relief) in Afghanistan. Reduces FY2013 funding from $400 million to $200 million.
(Sec. 1212) Amends the above Act to extend through FY2013, at a reduced rate, DOD funding for operations and activities of the Office of Security Cooperation in Iraq and associated security assistance teams.
(Sec. 1213) Amends the Skelton Act to extend through FY2013, at a reduced rate, DOD assistance for former insurgent reintegration activities in Afghanistan. Extends report requirements.
(Sec. 1214) Amends the above Act to extend through FY2013 a program to develop and carry out infrastructure programs in Afghanistan that support the counterinsurgency campaign. Reduces FY2013 funding to $350 million. Prohibits the obligation or expenditure of more than 50% of such amount until the Secretary submits a plan for fund allocation and use.
(Sec. 1215) Amends the NDAA for Fiscal Year 2010 to extend through FY2013 the Pakistan Counterinsurgency Fund for building the capabilities of Pakistan security forces. Extends a provision that limits the availability of amounts from the Fund to 40% until the Secretary reports to Congress on metrics for the use of such funds and for enhancing Pakistan's efforts to counter improvised explosive devices.
(Sec. 1216) Amends the NDAA for Fiscal Year 2008 to extend through FY2013 DOD authority to reimburse certain coalition countries for logistical and military support provided in connection with Operation Enduring Freedom. Limits FY2013 funding. Prohibits any such reimbursements to Pakistan for claims covering any period when ground lines of supply through Pakistan to Afghanistan were closed to the transshipment of equipment and supplies in support of U.S. military operations. Requires a specified certification, from the Secretary to the defense and appropriations committees, concerning Pakistani cooperation with the United States prior to the obligation or expenditure of such funds for FY2013. Authorizes the Secretary to waive the certification requirement in the national security interest.
(Sec. 1217) Amends the NDAA for Fiscal Year 2008 to extend through FY2013 DOD authority to provide logistical support for coalition forces supporting U.S. military operations. Repeals such authority for such fiscal year with respect to Iraq (leaving only Afghanistan).
(Sec. 1218) Directs the Secretary to develop a strategy to support the government of Afghanistan in its efforts to achieve a secure presidential election in 2014.
(Sec. 1219) Requires the Secretary to provide for the conduct of an independent assessment of the strength, force structure and posture, and capabilities required to enable the Afghan National Security Forces to provide security for their country and to prevent Afghanistan from ever again becoming a safe haven for terrorists. Requires a report on such assessment, from the entity selected to the Secretary and the defense and appropriations committees. Provides funding.
(Sec. 1220) Directs the Secretary to report to the defense, appropriations, and foreign relations committees on the Afghanistan Peace and Reintegration Program.
(Sec. 1221) Expresses the sense of Congress that the President should seek to accomplish the stated goal of transitioning the lead responsibility for security to the government of Afghanistan by mid-summer 2013, and should undertake certain draw-down activities to achieve such goal.
(Sec. 1222) Expresses the sense of Congress, among other things, that: (1) the members of the U.S. Armed Forces, intelligence community, and diplomatic and development community are to be commended for their dedicated efforts and sacrifices in support of military and stability operations in Afghanistan; (2) the governments of the United States and Afghanistan are to be commended for concluding the Enduring Strategic Partnership Agreement; (3) it is essential that the government and people of Afghanistan fulfill Afghanistan's international commitments concerning citizen equal rights, fair elections, and democratic governance; and (4) the negotiation and conclusion of a U.S.-Afghanistan bilateral security agreement will provide a fundamental framework for a long-term security relationship between the two countries.
(Sec. 1223) Requires the President, at least 30 days before entering into a bilateral security agreement that will affect U.S.-Afghanistan status of forces or other agreements, to submit such agreement to the defense and foreign relations committees for review.
(Sec. 1224) Authorizes the Secretary to transfer nonexcess defense articles to the military and security forces of Afghanistan, Yemen, and Somalia to support efforts to maintain peace and security and conduct counterterrorism operations in such countries. Limits to $250 million the aggregate replacement value of such defense articles. Requires the Secretary to provide 15 days' advance notice to Congress with respect to any such transfer, and requires quarterly reports concerning such transfers through March 31, 2015.
Subtitle C: Reports - (Sec. 1231) Requires: (1) the Defense Policy Board to review DOD efforts to build the capacity of, or partner with, foreign security forces in support of national defense and security strategies; (2) the Secretary to report review results to the defense and appropriations committees; and (3) the Secretary to submit to such committees an assessment of and strategic guidance for DOD efforts to build such capacity and partnerships.
(Sec. 1232) Amends the NDAA for Fiscal Year 2000 to require, in an annual report on military and security developments in China, additional information concerning Chinese cyberwarfare, space and nuclear activities, anti-access and area denial capabilities, maritime activities, foreign military transactions, and military-to-military relationships. Requires such report to include an additional assessment from the Commander of the U.S. Pacific Command on challenges posed by China.
(Sec. 1233) Directs the Secretary of State to report to the foreign relations committees on the implementation by Bahrain of the recommendations contained in the Report of the Bahrain Independent Commission of Inquiry.
(Sec. 1234) Directs the DNI and the Secretary of State to report to Congress, within 90 days after the enactment of this Act, describing all known opposition groups, both independent and state-sponsored and inside and outside of Syria, operating to oppose the government of Syria. Requires: (1) such report to include an assessment of the size and security of Syrian conventional and non-conventional weapons stockpiles, and (2) the Secretary of State to report on all support provided to opposition political forces in Syria.
(Sec. 1235) Directs the Secretary to report to the defense and appropriations committees identifying the limited military activities that could deny or significantly degrade the ability of President Bashar al-Assad of Syria and forces loyal to him to use air power against civilians and opposition groups in Syria.
Subtitle D: Other Matters - (Sec. 1241) Authorizes the Secretary, as part of U.S. participation in the American, British, Canadian, and Australian Armies' Program, to enter into a joint participation agreement with Australia, Canada, New Zealand, and the United Kingdom. Outlines agreement requirements, including equitable sharing of Program costs. Authorizes the Secretary to contract for authorized Program activities, and to dispose of jointly-acquired property. Terminates any such agreement five years after the enactment of this Act. Requires a report from the Secretary to the defense committees on Program activities, costs, and accomplishments.
(Sec. 1242) Authorize the Secretary to utilize U.S. military personnel as members of the staff of Headquarters Eurocorps for the purpose of supporting activities of the NATO Rapid Deployable Corps Eurocorps. Prohibits the participation of more than two U.S. members until the Secretary certifies to the defense committees, among other things, that participation by more than two members is in the U.S. national interests. Provides funding, with a limitation, from DOD O&M funds.
(Sec. 1243) Allows the Secretary to authorize U.S. participation in the Air Transport, Air-to-Air Refueling and other Exchanges of Services program of the Movement Coordination Centre Europe. Limits such participation to the reciprocal exchange of air transportation and refueling services on a reimbursable basis or by in-kind replacements or equal-value exchanges. Limits to 500 hours the U.S. balance of executed flight hours under the program. Requires a written participation agreement between the Secretary and the Centre. Requires: (1) an annual report from the Secretary to Congress on U.S. participation in the program, and (2) a one-time program assessment report from the CG to the defense and appropriations committees. Terminates U.S. participation in the program five years after entering into a participation agreement.
(Sec. 1244) Authorizes the Secretary to establish a program to enable military commanders to provide assistance to foreign civilians for damage, personal injury, or death incident to combat operations of U.S. Armed Forces in a foreign country. Requires written records of any such assistance.
(Sec. 1245) Prohibits amounts from being expended by DOD for overseas capital projects for the direct benefit of a host country in connection with an overseas contingency operation occurring on or after 60 days from the enactment of this Act, unless the Secretary, the Secretary of State, or the Administrator of USAID, as the case may be, completes an assessment of the necessity and sustainability of the project. Provides exceptions for military construction or military family housing projects. Authorizes a waiver of such prohibition by the appropriate official for national security purposes, requiring a detailed justification. Requires semiannual reports on each assessment conducted.
(Sec. 1246) Expresses the sense of the Senate in support of efforts to apprehend or remove Joseph Kony and his top commanders and his Lord's Resistance Army from power in Central Africa.
(Sec. 1247) Directs the Secretary of the Treasury to block and prohibit all property and related transactions of any person providing significant financial, material, or technological support to the Congolese rebel group known as M23 if such property and interests are or come within U.S. possession or control. Allows the President to waive such application in the U.S. national interest, after reporting to the financial and foreign relations committees.
(Sec. 1248) Authorizes the Secretary to: (1) carry out a program to repair, overhaul, or refurbish in-stock defense articles in anticipation of their sale to eligible foreign countries or international organizations under law, and (2) establish and administer the Special Defense Repair Fund in support of such program. Requires: (1) Secretary of State concurrence with respect to sales or transfers to foreign countries; and (2) an annual report from the Secretary to the defense and appropriations committees on activities under such program, as well as a one-time program assessment report. Terminates program authority at the end of FY2015. Provides FY2013 program funding.
(Sec. 1249) Directs the Secretary to submit to the defense and foreign relations committees a DOD plan to promote the security of Afghan women during the security transition process. Requires such plan to include a plan to: (1) monitor and respond to changes in women's security conditions in areas undergoing transition, (2) increase gender awareness and responsiveness among Afghan National Army (ANA) and Afghan National Police (ANP) personnel, and (3) increase the number of female members of the ANA and ANP. Directs the Secretary to include in each report on progress toward security and stability in Afghanistan (as required under the NDAA for Fiscal Year 2008) a description of actions taken to implement the above plan.
(Sec. 1250) Expresses the sense of Congress (1) reaffirming its commitment to the security of Israel; (2) fully supporting Israel's right to defend itself against acts of terrorism; (3) sympathizing with the families of Israelis who have come under rocket fire from Hamas-controlled Gaza; (4) recognizing the exceptional success of the Iron Dome Missile Defense system in defending the population of Israel; (5) desiring to help ensure that Israel has the means to defend itself against terrorist attacks, including through the acquisition of additional Iron Dome batteries and interceptors; and (6) urging the Departments of Defense and State to explore with their Israeli counterparts and alert Congress of any needs the Israeli Defense Force may have for additional Iron Dome batteries, interceptors, or other equipment depleted during the current conflict.
(Sec. 1251) Expresses the sense of the Senate: (1) acknowledging the administrative jurisdiction of Japan over the Senkaku Islands in the East China Sea, and (2) supporting collaborative diplomatic efforts to resolve territorial disputes in such area.
(Sec. 1252) Expresses the sense of Congress that DOD should: (1) review all U.S.-India bilateral working groups dealing with high technology transfers, and determine the feasibility of establishing a single U.S. government working group dedicated to strategic technology trade; (2) engage with India on current challenges related to the compatibility of the Foreign Military Sales and direct commercial sales programs with the Indian Defense Procurement Procedure, as well as steps to improve their compatibility; (3) engage about the elements of an effective defense industrial base; (4) consider the establishment of orientation programs for new Indian defense officials about procedures for U.S. defense sales; and (5) continue and deepen ongoing efforts to assist India in developing its defense acquisition expertise.
Subtitle E: Iran Sanctions - Iran Freedom and Counter-Proliferation Act of 2012 - (Sec. 1263) States as the policy of the United States: (1) to deny the government of Iran the ability to continue to oppress its people through violence and execution against pro-democracy protestors and regime opponents; (2) to support Iranian efforts to promote the establishment of basic freedoms for the emergence of a freely elected, open, and democratic political system; (3) to help Iranians produce, access, and share information freely and safely via the Internet and other media; and (4) to defeat all Iranian government attempts to jam or otherwise obstruct international satellite broadcast signals.
(Sec. 1264) Directs the President to block and prohibit all U.S. transactions in property and property interests of any entity that: (1) is part of the energy, shipping, or shipbuilding sectors of Iran; (2) operates a port in Iran; or (3) knowingly provides significant financial, material, technological, or other support to, or goods or services in support of, such an entity. Directs the President to impose five or more sanctions (as described under the Iran Sanctions Act of 1996) with respect to any person who knowingly sells, supplies, or transfers significant goods or services to or from Iran via the energy, shipping, or shipbuilding sectors of Iran, including the National Iranian Oil Company, the National Iranian Tanker Company, and the Islamic Republic of Iran Shipping Lines. Provides an exception with respect to the provision of humanitarian assistance to the people of Iran. Provides a limited applicability of such sanctions with respect to the purchase of petroleum or petroleum products from Iran. Allows the President to waive any such sanction when vital to U.S. national security, requiring congressional notification.
(Sec. 1265) Directs the President to impose five of more sanctions against any person who knowingly sells, supplies, or transfers to or from Iran: (1) a precious metal; (2) certain raw or semi-finished metals used for integrating industrial processes; or (3) any other material used in connection with Iranian sectors controlled by Iran's Revolutionary Guard Corps, sold by an Iranian on a list of specially designated nationals and blocked persons, or relevant to Iranian nuclear, military, or ballistic missile programs. Prohibits the opening in the United States of an account by a foreign financial institution that conducts or facilitates a significant financial transaction for the sale, supply, or transfer to or from Iran of materials which would subject a person to such sanctions. Allows the President to waive any such sanction when vital to U.S. national security, requiring congressional notification.
(Sec. 1266) Directs the President to impose five or more sanctions against any person who provides underwriting services, insurance, or reinsurance in support of activities or persons against which or whom sanctions have been imposed. Provides an exception with respect to the sale of agricultural commodities, food, medicine, or medical devices to Iran for the provision of humanitarian assistance. Allows the President to waive any such sanction when vital to U.S. national security, requiring congressional notification.
(Sec. 1267) Directs the President to prohibit the opening or maintaining in the United States of an account by a foreign financial institution that knowingly facilitated a significant financial transaction on behalf of an Iranian person included on a list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. Provides the same humanitarian exception as above, and authorizes the same presidential waiver for national security reasons.
(Sec. 1268) Directs the President to include the Islamic Republic of Iran Broadcasting and its president, Ezzatollah Zargami, on the list of human rights abusers maintained under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010.
(Sec. 1269) Directs the President to submit to Congress a list of persons determined to have engaged in corruption relating to the diversion of goods (agricultural commodities, food, medicine, and medical devices) intended for the people of Iran. Requires the President to impose sanctions against such individuals.
(Sec. 1270) Amends the NDAA for Fiscal Year 2012 to allow the President to temporarily waive sanctions against certain foreign financial institutions upon certifying that the country with primary jurisdiction over the financial institution normally subject to the sanctions faced exceptional circumstances that prevented it from significantly reducing its volume of crude oil purchases.
(Sec. 1271) Amends the federal criminal code to increase from 4 to 10 years the statute of limitations for civil actions regarding terrorist acts.
(Sec. 1272) Requires a report from the President to Congress on the use of certain Iranian seaports by foreign vessels and on the use of foreign airports by under-sanction Iranian air carriers.
(Sec. 1273) Provides for the implementation of this section, as well as penalties for violations.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2013 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) the Defense Health Program, (4) chemical agents and munitions destruction, (5) drug interdiction and counter-drug activities, and (6) the Defense Inspector General.
Subtitle B: National Defense Stockpile - (Sec. 1411) Amends the Strategic and Critical Materials Stock Piling Act to allow the release of materials from the strategic and critical materials stockpile on the order of the Under Secretary, if the President has empowered the Under Secretary to do so, as long as the Under Secretary determines that such release is required for use, manufacture, or production for the national defense.
Subtitle C: Chemical Demilitarization Matters - (Sec. 1421) Amends the Department of Defense Authorization Act, 1986 to authorize the Secretary, in determining the technologies to supplement the neutralization destruction of lethal chemical agents and munitions at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, to consider: (1) explosive destruction technologies; and (2) any technologies developed for treatment and disposal of hydrolysates, if problems with the current on-site treatment of hydrolysates are encountered.
Subtitle D: Other Matters - (Sec. 1431) Authorizes appropriations for FY2013 for operation of the Armed Forces Retirement Home.
(Sec. 1432) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to authorize the Secretary to establish two additional Weapons of Mass Destruction Civil Support Teams if: (1) the Secretary has made a required certification with respect to such additional teams before December 31, 2011, and (2) such establishment does not require an increase in personnel levels above the amount authorized as of the date of enactment of this Act. Provides specific limitations on the establishment of more Teams after such addition. Requires a report from the Secretary to the defense and appropriations committees on all such Teams.
(Sec. 1433) States as the policy of the United States to promote the development of an adequate, reliable, and stable supply of critical and essential minerals in order to strengthen and sustain U.S. military readiness, national security, and critical infrastructure. Directs the President to coordinate actions of federal agencies to identify opportunities for, and facilitate the development of, resources to meet critical and essential mineral needs.
Title XV: Authorization of Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Appropriations - (Sec. 1502) Authorizes appropriations for DOD for FY2013 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Limitations and Other Matters -(Sec. 1531) Requires funds authorized for the Afghanistan Security Forces Fund in FY2013 to be subject to Fund use and other conditions outlined under the NDAA for Fiscal Year 2008. Allows Fund amounts to be used to increase the capacity of the government of Afghanistan to recruit, vet, train, and manage the Afghan Public Protection Force. Directs the Secretary to submit to the defense and appropriations committees a plan for using DOD funds to provide assistance to the security forces of Afghanistan through such Fund through the end of FY2017.
(Sec. 1532) Requires Joint Improvised Explosive Device Defeat Fund report requirements originally required under the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to apply to funds made available for such Fund for FY2013. Earmarks specified FY2013 Fund amounts to provide training, equipment, supplies, and services to ministries and other entities of the government of Pakistan that the Secretary has identified as critical for countering the flow of improvised explosive device precursor chemicals from Pakistan to locations in Afghanistan. Requires, for the latter use of such funds, 15 days' prior notification of the defense and appropriations committees.
(Sec. 1533) Directs the Secretary to submit to such committees a plan for the transition of funding for the U.S. Special Operations Command from funds authorized for overseas contingency operations to funds authorized for DOD recurring operations.
(Sec. 1534) Amends the Skelton Act to extend the authority of, and authorization of appropriations for, the Task Force for Business and Stability Operations in Afghanistan.
(Sec. 1535) Directs the Secretary to submit to the defense and appropriations committees an assessment of: (1) the training-related activities of the Joint Improvised Explosive Device Defeat Organization, and (2) the activities of such Organization's Counter-Improvised-Explosive-Device Operations Integration Center.
(Sec. 1536) Requires the JCS Chairman, within 30 days after a decision by the President to change the levels of U.S. Armed Forces deployed in Afghanistan, to submit to the defense and appropriations committees an assessment of the risk of such change to the U.S. mission and interests in Afghanistan.
(Sec. 1537) Directs the Secretary to report to Congress on the attacks and associated threats by Afghanistan National Security Forces personnel and their impersonators and private security contractors against U.S., Afghan, and coalition military and civilian personnel (insider attacks) in Afghanistan, as well as the effects of such attacks on the overall transition strategy in Afghanistan.
Title XVI: Military Compensation and Retirement Modernization Commission - Military Compensation and Retirement Modernization Commission Act of 2012 - (Sec. 1604) Establishes as an independent entity in the executive branch the Military Compensation and Retirement Modernization Commission to: (1) review the military compensation and retirement systems in light of their current elements, force management objectives, and changes in life expectancy and the labor force; and (2) develop recommendations for modernizing such systems. Directs: (1) the President to establish and transmit to the Commission and Congress principles for modernizing such systems; (2) the Secretary to transmit to the Commission recommendations for such modernization; (3) the Commission to conduct public hearings on such recommendations; and (4) the Commission to report its findings and conclusions to the President.
(Sec. 1607) Directs the President, within 60 days after receiving the Commission's report, to transmit to the Commission and Congress a report containing the approval or disapproval of Commission recommendations. Allows for revised recommendations by the Commission in the case of presidential disapproval. Outlines congressional procedures for the consideration of approved recommendations.
(Sec. 1609) Provides for a Commission Executive Director. Terminates the Commission 26 months after its establishment. Provides Commission funding.
Title XVII: National Commission on the Structure of the Air Force - National Commission on the Structure of the Air Force Act of 2012 - (Sec. 1702) Establishes the National Commission on the Structure of the Air Force to study the current structure of the Air Force to determine whether and how it should be modified to best fulfill current and anticipated Air Force mission requirements consistent with available resources. Requires the Commission to report its findings and conclusions to the President and the defense and appropriations committees. Terminates the Commission 90 days after such report. Provides funding.
(Sec. 1708) Prohibits the use of FY2013 Air Force funds to divest, retire, or transfer any aircraft assigned to units of the Air National Guard or Air Force Reserve as of May 31, 2012, with an exception for aircraft replaced with aircraft of similar mobility.
(Sec. 1709) Authorizes appropriations to DOD for FY2013 for Air Force force structure.
(Sec. 1710) Directs the Secretary of the Air Force to retain the leadership rank and core functions of the Electronic Systems Center at Hanscom Air Force Base (Massachusetts) as existed as of November 1, 2011, until 180 days after the Commission's report.
(Sec. 1711) Directs the Secretary of the Air Force to: (1) assess the effects of proposed movements of Air Force airframes on Green Flag East and Green Flag West joint readiness training; and (2) if appropriate, submit to the defense and appropriations committees a proposal to make future replacements of capabilities in order to augment training at the joint readiness training center or for other purposes as the Secretary considers appropriate.
Title XVIII: Federal Assistance to Fire Departments - Subtitle A: Fire Grants Reauthorization - Fire Grants Reauthorization Act of 2012 - (Sec. 1803) Amends the Federal Fire Prevention and Control Act of 1974 to modify the scope of the Assistance to Firefighters Grants (AFG) program, including by permitting the use of grant funds for non-fire service emergency medical services organizations and for state fire training academies. Provides maximum grant amounts, ranging from $1 million for a recipient serving a population of 100,000 people or fewer to up to $9 million for a recipient serving a population of more than 2.5 million. Revises authorized grant purposes. Authorizes the Administrator of the Federal Emergency Management Agency (FEMA) to award fire prevention and safety grants to fire departments and other appropriate organizations, with a maximum grant amount of $1.5 million per fiscal year. Prohibits providing program funds to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations. Outlines grant application requirements, including joint or regional applications. Directs the Administrator to appoint fire service personnel to conduct peer reviews of applications. Provides for the prioritization and allocation of grant awards. Requires the Administrator, in considering applications, to consider: (1) the extent to which the grant would enhance the daily operations of the applicant and the grant's impact on the protection of lives and property; and (2) a broad range of factors important to the applicant's ability to respond to fires and related hazards. Allows for the awarding of grants: (1) to non-fire emergency medical services organizations, and (2) for fire safety research centers. Directs the Administrator to convene a workshop of fire safety and service organizations and other appropriate entities to identify and prioritize fire safety research needs. Outlines grant matching funds requirements. Allows the Administrator to waive certain grant requirements in cases of demonstrated economic hardship. Requires the Administrator to annually convene a meeting of qualified members of national fire service and related organizations to obtain recommendations regarding criteria for awarding grants and making administrative changes to the AFG program. Makes the Alaska Village Initiatives an eligible grant applicant. Requires annual AFG program reports from the Administrator to specified congressional committees.
(Sec. 1804) Reduces from four to three years the length of authorized FEMA grants to fire departments to hire additional firefighters. Prohibits the amount provided to a fire department for hiring a firefighter from exceeding 75% of the cost of a first-year firefighter in the first and second year of the grant, and 35% in the third year. Allows for the waiver of such requirements in cases of demonstrated economic hardship. Authorizes appropriations for FY2013-FY2017. Terminates grant authority five years after the enactment of this title.
(Sec. 1805) Expresses the sense of Congress that: (1) grants and assistance awarded under the Federal Fire Prevention and Control Act of 1974 have proven valuable in protecting the health and safety of the public and firefighting personnel throughout the United States against fire and fire-related hazards, and (2) providing parity in funding for the award of such grants and assistance will ensure the serving of grant and assistance purposes.
(Sec. 1806) Requires a report from the CG to specified congressional committees on the effect of amendments made under this title.
(Sec. 1807) Directs the Administrator of the United States Fire Administration (USFA) to: (1) study the level of compliance with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness among U.S. fire services; and (2) report study results to Congress.
Directs the Secretary of Homeland Security (DHS) to establish the Task Force to Enhance Firefighter Safety, with specified duties and responsibilities. Requires the Task Force to report to such Secretary and Congress on its findings and activities.
Requires the USFA Administrator to study and report to Congress on the equipment, staffing, and training needed for fire services on a national, state, regional, and local level.
Subtitle B: Reauthorization of United States Fire Administration - United States Fire Administration Reauthorization Act of 2012 - (Sec. 1812) Amends the Federal Fire Prevention and Control Act of 1974 to: (1) revise references to the USFA to provide for its establishment within FEMA (rather than within the Department of Commerce) and to change references to the head of FEMA as the Administrator (rather than the Director), (2) authorize the USFA Administrator to appoint a Deputy Administrator (current law requires the Deputy Administrator to be appointed by the President), (3) authorize the USFA Administrator to take such steps as the Administrator considers appropriate to educate the public and overcome public indifference as to individual preparedness (as well as to fire and fire prevention), and (4) authorize appropriations to carry out such Act through FY2017.
Title XIX: Memorial to Slaves and Free Black Persons Who Served in the American Revolution - (Sec. 1903) Authorizes the National Mall Liberty Fund D.C. (previously the Black Revolutionary War Patriots Foundation) to establish a memorial on specified federal land in the District of Columbia to honor the more than 5,000 slaves and free black persons who served as soldiers and sailors or provided civilian assistance during the American Revolution. Prohibits the National Mall Liberty Fund D.C. from using federal funds to establish such memorial. Repeals certain prior year congressional resolutions relating to the establishment and approval of the location of a black revolutionary war patriots memorial.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2013 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2015, or the date of enactment of an Act authorizing funds for military construction for FY2016, whichever is later, with an exception.
Title XXI [sic]: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to carry out architectural engineering services and construction design activities with respect to the construction and improvement of military family housing. Authorizes appropriations to the Army for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects.
(Sec. 2107) Authorizes the Secretary of the Army to carry out a project to construct a cadet barracks at the U.S. Military Academy, New York. Requires congressional notification of such project.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Extends certain prior-year Navy military construction projects.
(Sec. 2208) Places specific limitations on the obligation or expenditure of funds to implement the realignment of Marine Corps forces from Okinawa to other locations, including specified actions by the Secretaries of Defense and the Navy, as well as the Commander of the U.S. Pacific Command. Provides that, if the Secretary determines that any grant, cooperative agreement, transfer of funds, or supplement of funds available in FY2012-FY2013 will result in the development of public infrastructure on Guam, the Secretary may not carry out such grant, agreement, transfer, or supplement unless specifically authorized by law. Provides an exception for analysis or studies required under the National Environmental Policy Act of 1969.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out other-than-military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments). Modifies or extends certain prior-year DOD construction projects.
(Sec. 2406) Authorizes the Secretary to carry out a project to construct an upgrade fuel pipeline at Andersen Air Force Base, Guam. Requires congressional notification of such project.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2012 for military construction and land acquisition for chemical demilitarization. Modifies a prior-year chemical demilitarization project.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2012 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2012 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Other Matters - (Sec. 2611) Extends or modifies certain prior-year National Guard and reserve military construction projects.
Title XXVII: Base Realignment and Closure Activities - (Sec. 2701) Authorizes appropriations for fiscal years after 2012 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes appropriations for fiscal years after 2012 for base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005.
(Sec. 2704) Directs the CG to submit to the defense and appropriations committees objective criteria to be used by DOD to make decisions relating to realignments of units and closures of installations not covered by current base closure and realignment provisions. Places a one-year moratorium, until October 1, 2013, on any action that would result in a military installation which was covered by such provisions to no longer be covered, with an authorized national security waiver.
(Sec. 2705) Increases from 21 to 90 days following congressional notification that the Secretary or Secretary concerned must wait before undertaking a permanent reduction of 1,000 or more members assigned to a military installation.
(Sec. 2706) Directs the Secretary to report to the defense and appropriations committees on the reorganization of the Air Force Materiel Command organizations.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Prohibits any reduction in scope of work for a military construction project from resulting in a facility or item of infrastructure that is not complete and usable or does not fully meet the mission requirement for the project. Directs the Secretary concerned to ensure project contract compliance with the Anti-Deficiency Act.
(Sec. 2802) Directs the CG to report to the defense and appropriations committees on the construction or renovation of DOD facilities with in-kind payments. Requires annual report updates for three years.
(Sec. 2803) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through FY2013 DOD authority to use O&M funds for construction projects outside the United States which are necessary to meet urgent military operational requirements of a temporary nature.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the Secretary concerned to accept as consideration for leases of non-excess property of military departments and defense agencies real property interests and natural resource management services related to agreements to limit encroachments to non-excess property area.
(Sec. 2812) Changes from any eligible entity to any person the parties with whom DOD may conduct exchanges of real property at certain military installations.
Subtitle C: Energy Security - (Sec. 2821) Directs the Secretary to: (1) issue guidance for financing renewable energy projects, (2) issue guidance establishing the processes used to select financing approaches that ensures maximum benefits and mitigates drawbacks and risks associated with various types of financing, and (3) develop a formalized communications process to enable officials at military installations to have access to other installations' information related to financing such projects.
(Sec. 2822) Amends the MCAA for Fiscal Year 2012 to continue during FY2013 the prohibition on the use of funds for achieving Leadership in Energy and Environmental Design gold or platinum certifications.
Subtitle D: Land Conveyances - (Sec. 2831) Authorizes the Secretary of the Army to convey to the VA a specified portion of the Browning Army Reserve Center, Utah, for the construction and operation of a community-based outpatient clinic.
(Sec. 2832) Amends the NDAA for Fiscal Year 2000 to allow additional purposes for the use of proceeds from a land conveyance at Tyndall Air Force Base, Florida.
Subtitle E: Other Matters - (Sec. 2841) Provides that, if the Secretary determines that any grant, cooperative agreement, or supplement of funds available under federal programs administered by federal agencies other than DOD will result in the development of public infrastructure, such grant, agreement, or supplement shall be specifically authorized by law.
(Sec. 2842) Includes additional properties within the boundaries of Petersburg National Battlefield (Virginia). Authorizes the Secretary of the Interior to acquire such properties for such purpose. Provides for the administrative transfer of certain properties adjacent to such area.
(Sec. 2843) Requires the Secretary, within 30 days after the closure of a U.S. military installation overseas, to submit to the defense committees a plan to ensure the oversight and continued maintenance of any cemetery located on such installation.
(Sec. 2844) Amends the MCAA for Fiscal Year 2012 to provide an additional exception from the general prohibition on the use of DOD funds for a data server farm or data center when the DOD Chief Information Officer exempts RDT&E programs that use authorization or appropriations for the High Performance Computing Modernization Program.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2013 for: (1) activities of the NNSA in carrying out programs necessary for national security; and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup and other defense activities.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the Atomic Energy Defense Act to direct the Secretary of Energy (Secretary, for purposes of this Division) to construct at Los Alamos National Laboratory, New Mexico, a building to replace the existing Chemistry and Metallurgy Research building associated with DOE Hazard Category 2 special nuclear material operations. Limits the cost of such replacement building, and requires construction to begin no later than December 31, 2024. Provides funding.
(Sec. 3112) Directs the Secretary to report quarterly to the defense and appropriations committees on each nuclear weapon system undergoing life extension. Requires independent cost estimates for each system.
(Sec. 3113) Extends by two years the schedule for the disposition of weapons-usable plutonium at the Savannah River Site, South Carolina, including construction and operation of the MOX (mixed oxide) facility.
(Sec. 3114) Directs the Secretary to carry out a program on scientific engagement in selected countries in order to advance global nonproliferation and nuclear security efforts. Prohibits any funds from being so expended until the NNSA Administrator submits to Congress, for each participating country: (1) a proliferation threat assessment, (2) metrics for evaluating program success, and (3) program accounting standards approved by the CG. Requires the Administrator to report any program modifications. Directs: (1) the Administrator to report on the program's coordination with other U.S. nonproliferation programs, and (2) the CG to report on the program's success.
(Sec. 3115) Repeals the requirement of an annual update of the DOE defense nuclear facilities workforce restructuring plan.
(Sec. 3116) Directs the Secretary to report quarterly to the defense and appropriations committees on the financial balances for each atomic energy defense program at the budget control levels used in the report accompanying the most current Act appropriating funds for energy and water development.
(Sec. 3117) Directs the Administrator to make available to the public each contractor performance evaluation conducted by the NNSA that results in an award fee to such contractor.
(Sec. 3118) Amends the National Nuclear Security Administration Act to increase from 300 to 700 the number of contracting (new), scientific, engineering, and technical positions authorized to be filled by the NNSA.
(Sec. 3119) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to authorize the Secretary to accept, under any programs within the NNSA's Office of Defense Nuclear Nonproliferation, contributions from other governments and organizations toward the accelerated removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites. Extends through 2018 the authority for such contributions.
(Sec. 3120) Provides a three-phase approach for the uranium processing facility construction project at the Y-12 National Security Complex, Oak Ridge, Tennessee. Provides budgeting for each phase, dependent on the availability of appropriations. Limits to $4.2 billion the total cost of phase 1.
(Sec. 3121) Authorizes the Nuclear Regulatory Commission (NRC), in conjunction with the DNI, to restore into the Restricted Data category certain information related to the design of nuclear weapons.
Subtitle C: Reports - (Sec. 3131) Requires the Secretary to report to Congress on actions required to transition the regulation of non-nuclear activities of the NNSA to other appropriate federal agencies by no later than October 1, 2017.
(Sec. 3132) Directs the Nuclear Weapons Council to submit to the defense and appropriations committees an assessment of the feasibility of consolidating NNSA facilities and functions in order to reduce costs. Prohibits the availability of funds for certain DOE facility projects until the submission of such report.
(Sec. 3133) Expresses the sense of Congress that U.S. and global nonproliferation efforts should place a high priority on programs to secure high-activity radiological sources to reduce the threat of radiological terrorism. Requires the Administrator to submit to the defense, homeland security, and foreign relations committees the results of a study concerning risks and security of radiological materials at home and abroad.
(Sec. 3134) Directs the Secretary to undertake a review of, and report to Congress on, abandoned uranium mines at which uranium ore was mined for U.S. weapons programs (commonly known as legacy uranium mines). Requires such report to include recommendations addressing the remediation and reclamation of such mines.
(Sec. 3135) Amends the NDAA for Fiscal Year 2010 to remove the requirement that the CG provide 120-day status reports of environmental clean-up projects carried out by DOE's Office of Environmental Management pursuant to the American Recovery and Reinvestment Act of 2009.
Subtitle D: Other Matters - (Sec. 3141) Expresses the sense of Congress that: (1) there is a need for strong, independent oversight of the U.S. nuclear security enterprise (enterprise); (2) any attempt that transfers such oversight from DOE to the NNSA, reduces protections for worker health and safety at NNSA facilities to levels below the standards of DOE, or transfers construction appropriations for the enterprise from the DOE appropriation account to the military construction appropriation account should be carefully evaluated; (3) the DOE's Office of Health, Safety, and Security, and the role of that Office in overseeing safety and security at the NNSA, should not be diminished but instead routinely evaluated; (4) any future modifications to the management or structure of the enterprise should maintain or increase oversight of critical construction, security, and acquisition capabilities; (5) oversight of NNSA programs by DOD should increase to ensure current and future warfighting requirements are met; and (6) the Nuclear Weapons Council should provide proper oversight in the execution of its responsibilities.
Subtitle E: American Medical Isotopes Production - American Medical Isotopes Production Act of 2012 - (Sec. 3153) Directs the Secretary of Energy (Secretary, for purposes of this subtitle) to carry out a technology-neutral program to evaluate and support projects for the production of significant quantities of molybdenum-99 for medical uses, to be carried out in cooperation with non-federal entities, whose costs shall be shared in accordance with certain cost sharing requirements of the Energy Policy Act of 2005. Directs the Secretary to: (1) develop and update annually a program plan through public workshops; (2) use the Nuclear Science Advisory Committee to conduct annual reviews of progress in achieving program goals; and (3) implement a program to provide assistance for the development of fuels, targets, and processes for domestic molybdenum-99 production that do not use highly enriched uranium, and for commercial operations that do use them. Requires the Secretary to establish a program to make low enriched uranium available, through lease contracts, for irradiation for molybdenum-99 production for medical uses. Requires such contracts to provide for the producers of the molybdenum-99 to take title to and be responsible for the molybdenum-99 created by the irradiation, processing, or purification of uranium leased under this section. Requires the contracts to require the Secretary to: (1) retain responsibility for the final disposition of spent nuclear fuel created in medical isotopes production; and (2) take title to and be responsible for final disposition of radioactive waste created by the irradiation, processing, or purification of uranium for which the producer does not have access to a disposal path. Requires the producer of the spent nuclear fuel and radioactive waste to characterize, package, and transport such fuel and waste before its acceptance by DOE. Prohibits the Secretary from exchanging uranium for specified services. Deems radioactive material resulting from the production of medical isotopes that has been permanently removed from a reactor or subcritical assembly, and for which there is no further use, to be low-level radioactive waste if it is acceptable under federal disposal requirements.
(Sec. 3154) Amends the Atomic Energy Act of 1954 to: (1) prohibit the NRC from issuing a license for the export of highly enriched uranium from the United States, beginning seven years after enactment of this section; and (2) authorize an extension for up to another six years if the Secretary makes specified certifications to the energy committees. Permits suspension of the export license restriction for a 12-month period if: (1) there is a critical shortage of molybdenum-99 to satisfy domestic U.S. medical isotope needs, (2) the Secretary certifies to Congress that the export of U.S.-origin highly enriched uranium for medical isotope production is the only effective temporary means to increase the supply of molybdenum-99 necessary to meet U.S. medical isotope needs during that period, and (3) Congress enacts a joint resolution approving such suspension.
(Sec. 3155) Requires the NRC Chairman to report to Congress on the current disposition of previous U.S. exports of highly enriched uranium used as fuel or targets in a nuclear research or test reactor.
(Sec. 3156) Authorizes the NRC to issue a license, or grant an amendment to an existing license, for use in the United States of highly enriched uranium as a target for medical isotope production in a nuclear reactor, but only if specified conditions are met, including certification by the Secretary that the federal government is actively supporting development of an alternative medical isotope production target that can be used in that reactor.
(Sec. 3157) Directs the Secretary to report to Congress annually for five years on DOE actions to support U.S. production of molybdenum-99 for medical uses without the use of highly enriched uranium.
(Sec. 3158) Requires the Secretary to arrange with the National Academy of Sciences to study the state of molybdenum-99 production and utilization.
(Sec. 3159) Repeals the Nuclear Safety Research, Development, and Demonstration Act of 1980.
Subtitle F: Other Matters - (Sec. 3161) Establishes a congressional advisory panel to assess the feasibility and advisability of revising the governance structure of the NNSA to permit it to operate more effectively. Requires a panel report to the President, the Secretaries of Defense and Energy, and the defense committees. Provides funding. Terminates the panel one year after the appointment of each of its 12 members.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2013 for the Defense Nuclear Facilities Safety Board.
Title XXXV [sic]: Maritime Administration - Maritime Administration Authorization Act for Fiscal Year 2013 - (Sec. 3502) Requires the Administrator of the Maritime Administration (MA) to assess, and report to the transportation committees on, the potential for using container-on-barge transportation in short sea transportation.
(Sec. 3503) Revises short sea transportation program purposes. Authorizes (under current law, requires) the Secretary of Transportation (DOT) to develop strategies to encourage the use of short sea transportation for the transportation of passengers and cargo.
(Sec. 3504) Authorizes the DOT Secretary to engage in the environmental study, research, development, assessment, and deployment of emerging marine technologies and practices related to the marine transportation system through the use of MA vessels or private vessels under U.S. registry, and through partnerships and cooperative efforts with academic, public, private, and non-governmental entities and facilities.
(Sec. 3505) Requires the MA Administrator to identify and publicize actions that could be taken to enable qualified U.S. flag capacity to meet national defense requirements. Requires the agency head responsible for the administration of U.S. navigation or vessel-inspection laws to notify the transportation committees of any request for or issuance of a waiver of any such laws.
(Sec. 3506) Directs the CG to study and report to such committees on the training needs of the maritime workforce.
(Sec. 3507) Requires the CG of the Government Accountability Office (GAO) to assess the source selection procedures and practices used to award the MA's National Defense Reserve Fleet vessel recycling contracts.
(Sec. 3508) Requires the MA Administrator to complete, within 270 days after the enactment of this title, the design for a containerized, articulated barge able to utilize roll-on/roll-off or load-on/load-off technology in marine highway maritime commerce.
(Sec. 3509) Makes training institutions that are an instrumentality of a U.S. state, territory, or the District of Columbia eligible to receive surplus DOT vessels and related equipment for instructional purposes.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation and expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement and procurement for overseas contingency operations; (2) RDT&E and RDT&E for overseas contingency operations; (3) O&M and O&M for overseas contingency operations; (4) military personnel, including for overseas contingency operations; (5) other authorizations, including for overseas contingency operations; (6) military construction; and (7) DOE national security programs.
Division E: Housing Assistance for Veterans - Title L: Housing Assistance for Veterans - Housing Assistance for Veterans Act of 2012 or HAVEN Act - (Sec. 5003) Directs the Secretary of Housing and Urban Development (HUD) to establish a pilot program to award grants to nonprofit organizations that primarily serve veterans or low-income individuals. Requires such grants to be used to rehabilitate and modify the primary residence of disabled or low-income veterans (at a specified limited cost, or no cost, to such veterans). Limits grant amounts to $1 million per organization per fiscal year. Requires such Secretary to direct the oversight of grant fund use. Requires a minimum of 50% matching funds by participating organizations. Requires an annual and final program report from such Secretary to Congress. Authorizes appropriations for FY2013-FY2017.
Division F: Stolen Valor Act - Title LI: Stolen Valor Act - Stolen Valor Act of 2012 - (Sec. 5013) Stolen Valor Act of 2012 - Amends the federal criminal code to rewrite provisions relating to fraudulent claims about military service to subject to a fine, imprisonment for not more than six months, or both an individual who, with intent of securing a tangible benefit or personal gain, fraudulently represents himself or herself to have served in the Armed Forces or to have been awarded a military decoration, medal, or ribbon authorized by law.
Division G: Miscellaneous - Title LII: Miscellaneous - (Sec. 5021) Dale Long Public Safety Officers' Benefits Improvements Act of 2012 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise provisions concerning public safety officer death or disability benefits, including by: (1) modifying the list of recipients of death benefits payable when a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty to include as an eligible individual, if there is no other individual meeting existing eligibility requirements, the surviving individual (or individuals, in equal shares) who would qualify as an eligible "child" but for age; (2) revising the criteria for death resulting from a heart attack, stroke, or vascular rupture suffered by a public safety officer while on duty; and (3) including within the definitions of "member of a rescue squad or ambulance crew" and "public safety officer" an employee or volunteer member of a rescue squad or ambulance crew that is a public agency or a nonprofit entity that is officially authorized or licensed to engage in rescue activity or to provide emergency medical services and that engages in such activities or provides such services as part of an official emergency response system.
Makes funds available for appeals from final determinations (currently, decisions) of the Bureau of Justice Assistance. Provides that no appeal shall bring a final determination of the Bureau before any court for review unless notice of appeal is filed within 90 days after the date on which the Bureau serves notice of the final determination. Defines a "hearing examiner" under such Act to include any medical or claims examiner.
Makes this section applicable to injuries sustained by a member of a rescue squad or ambulance crew on or after June 1, 2009. Makes provisions regarding the presumption of a personal injury sustained in the line of duty for public safety officers applicable to heart attacks, strokes, and vascular ruptures sustained on or after December 15, 2003.
(Sec. 5022) Amends the Public Health Service Act to require the Director of the National Cancer Institute to develop a scientific framework for research on recalcitrant cancers (cancer with a 5-year relative survival rate below 50%), which includes: (1) a review of the status of research, such as a summary of findings, identification of promising scientific advances, a description of the availability of qualified scientific researchers, and the identification of resources available to facilitate research; (2) identification of research questions that have not been adequately addressed; and (3) recommendations for actions to advance research and for appropriate benchmarks to measure progress on achieving such actions. Requires the Director to develop the framework within 18 months and review and update it every 5 years.
Requires the Director to identify within 6 months 2 or more recalcitrant cancers that have a 5-year relative survival rate of less than 20%, and are estimated to cause the death of at least 30,000 individuals in the United States per year. Requires a report from the Director on each such newly-identified cancer. Authorizes the Director to identify additional such cancers and to consider additional metrics of progress (such as incidence and mortality rates) against such cancers.
Requires the Director to convene a working group for each identified cancer to provide expertise on, and assist in developing, a scientific research framework. Requires the Director to consider each relevant scientific framework developed under this section when making recommendations for exception funding for grant applications. Requires information on such research to be included in currently-required biennial reports from the Director.
(Sec. 5023) Amends the United States Information and Educational Exchange Act of 1948 to: (1) require the United States Advisory Commission on Public Diplomacy to appraise U.S. government activities intended to understand, inform, and influence foreign publics; (2) report at least annually to Congress, the President, and the Secretary of State on U.S. public diplomacy and international broadcasting activities; (3) assess the public diplomacy target impact, achieved impact, and cost of public diplomacy and international broadcasting activities; and (4) submit related semiannual reports as necessary. Provides Advisory Commission funding.
(Sec. 5024) Amends the federal judicial code to deem a law enforcement officer who is the defendant in a criminal prosecution to have been acting under the color of his office (solely for purposes of determining the propriety of removal of the case to U.S. district court) if the officer: (1) protected an individual in the officer's presence from a crime of violence; (2) provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or (3) prevented the escape of any individual whom the officer reasonably believed to have committed, or was about to commit, in the officer's presence, a crime of violence that resulted in, or that was likely to result in, death or serious bodily injury.
Title LIII: GAO Mandates Revision Act - Subtitle A: GAO Mandates Revision Act - GAO Mandates Revision Act of 2012 - (Sec. 5302) Amends the Arizona-Idaho Conservation Act of 1988 to require audits of the transactions of the U.S. Capitol Preservation Commission at least once every three years, rather than annually, unless the Chairman or Ranking Member of the House Committee on House Administration or the Senate Committee on Rules and Administration requests that an audit be conducted at an earlier date.
Amends the federal judicial code to repeal the requirement that the GAO CG review contributions to the Judicial Survivors' Annuities Fund at the end of each three-fiscal year period.
Changes reporting and audit requirements of the Office of National Drug Control Policy (ONDCP) to require: (1) reports on the strategy of ONDCP's national media campaign on February 1, 2013, and every three years thereafter, rather than annually, and (2) audits of the programs and operations of ONDCP not later than December 31, 2013, and every three years thereafter, rather than annually.
Amends the Veterans' Benefits Act of 2010 to modify the annual GAO reporting requirement for the demonstration project for the referral of claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 to the Office of Special Counsel to require only one annual report after the commencement of the demonstration project.
Amends the Semipostal Authorization Act to repeal the requirement that GAO issue an interim report four years after a semipostal stamp is first made available to the public and a final report not later than six months before the semipostal stamp's scheduled expiration date.
Amends the Caribbean Basin Economic Recovery Act to eliminate the annual GAO review requirement for the Earned Import Allowance Program for imports of textiles.
Eliminates requirements that the American Battle Monuments Commission prepare an annual financial statement and obtain an annual audit of its financial statement by GAO.
Requires audits of the Senate Preservation Fund at least once every three years, rather than annually, unless the Chairman or the Ranking Member of the Senate Committee on Rules and Administration or the Secretary of the Senate requests that an audit be conducted at an earlier date.
Subtitle B: Improper Payments Elimination and Recovery Improvement Act - Improper Payments Elimination and Recovery Improvement Act of 2012 - (Sec. 5313) Amends the Improper Payments Information Act of 2002 to require the OMB Director to: (1) identify, on an annual basis, a list of high-priority federal programs for greater levels of oversight and review of improper payments; (2) coordinate with executive agencies responsible for administering high-priority programs to establish annual and semi-annual or quarterly targets and actions for reducing improper payments; and (3) provide guidance to agencies for improving estimates of improper payments.
Requires such agencies to report to their inspectors general on an annual basis on any high-priority programs in which the highest dollar value or rate of improper payments occurs or for which there is a higher risk of improper payments. Requires OMB to make agency reports available on a central website.
(Sec. 5315) Requires each agency to review prepayment and pre-award procedures and available databases to determine program or award eligibility and prevent improper payments before releasing any federal funds.
Establishes a Do Not Pay Initiative (Initiative) based on information from databases maintained by the federal government, including: (1) the Death Master File of the Social Security Administration (SSA), (2) the Excluded Parties List System of the GSA, (3) the Debt Check Database of the Department of the Treasury, (4) the Credit Alert System or Credit Alert Interactive Voice Response System of HUD, (5) the List of Excluded Individuals/Entities of the Office of Inspector General of the Department of Health and Human Services (HHS), and (6) any other database designated by the OMB Director that substantially assists in preventing improper payments.
Requires the Director to: (1) provide to Congress a plan for the inclusion of other databases in the Initiative, for agency access to the Initiative, and for multilateral data use agreements for carrying out the Initiative; (2) establish a working system for prepayment and pre-award review that includes the Initiative; (3) establish (and report to Congress on) a plan for improving the quality, accuracy, and timeliness of death data maintained by SSA; and (4) submit annual reports to Congress on whether the Initiative has reduced improper payments or awards. Requires each agency to review all payments and awards for all of its programs through the working system not later than June 1, 2013.
Authorizes each agency head and inspector general to enter into computer matching agreements that allow ongoing data matching for detecting and preventing improper payments. Requires OMB to issue guidance: (1) for such agreements, including standards for reimbursement of costs, retention and timely destruction of records, and prohibitions on the duplication and redisclosure of records; and (2) for Data Integrity Boards established under the Privacy Act of 1974 to improve their effectiveness and responsiveness and ensure privacy protections.
Directs the Attorney General to submit recommendations for increasing the use of, access to, and the technical feasibility of using data on the federal, state, and local conviction and incarceration status of individuals to identify and prevent fraud and improper payments by federal agencies and programs.
(Sec. 5316) Requires the Director to determine the current and historical rates and amounts of recovery of improper payments and targets for recovering improper payments.
Subtitle C: Sense of Congress Regarding Spectrum - (Sec. 5317) Expresses the sense of Congress that: (1) the nation's mobile communications industry is a significant economic engine; (2) there is a pressing need for additional spectrum for mobile broadband services; (3) consideration should be given to the supply of spectrum for both licensed networks and unlicensed devices; (4) a long-term supply solution must include reallocation and sharing of federal government spectrum for private-sector use; (5) existing law ensures that federal operations are not harmed as a result of the reallocation of federal spectrum for commercial use; and (6) all interested parties should be encouraged to continue collaborative efforts between industry and government stakeholders to assess and recommend practical frameworks for the development of relocation, transition, and sharing arrangements and plans for 110 megahertz of federal spectrum in the 1695-1710 and 1755-1850 bands.