H.R. 4310: National Defense Authorization Act for Fiscal Year 2013

Before you vote › Federal bills

H.R. 4310: National Defense Authorization Act for Fiscal Year 2013

112th Congress · introduced 2012-03-29 · Armed Forces and National Security · Latest: Became Public Law No: 112-239.

AI-relatedfederal

Save to my notebook What does this mean? Print

Official title

National Defense Authorization Act for Fiscal Year 2013

Plain summary

(This measure has not been amended since the Conference Report was filed in the House on December 18, 2012. The summary of that version is repeated here.) National Defense Authorization Act for Fiscal Year 2013 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2013 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act. Subtitle B: Army Programs - (Sec. 111) Authorizes the Secretary of the Army, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of airframes for CH-47F helicopters. (Sec. 112) Directs the Secretary of the Army, for six years beginning in 2013, to report to the congressional defense and appropriations committees on Army time-sensitive or mission-critical airlift requirements. Subtitle C: Navy Programs - (Sec. 121) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to extend for an additional year incremental funding for the construction of Ford-class aircraft carriers. (Sec. 122) Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of Virginia-class submarines and government-furnished associated equipment. Authorizes such Secretary to employ incremental funding for such procurement upon a determination that such approach will permit the Navy to procure an additional submarine in FY2014. (Sec. 123) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of up to 10 Arleigh Burke class Flight IIA guided missile destroyers and specified systems associated with such vessels. (Sec. 124) Prohibits the obligation or expenditure of more than 50% of the funds authorized for a second Ford-class aircraft carrier until the Secretary of the Navy submits to the defense and appropriations committees a description of the program management and cost control measures to be employed in constructing such carrier. (Sec. 125) Earmarks specified funds for commencement of the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln during FY2013. (Sec. 126) Directs the Secretary of Defense (Secretary) to: (1) designate the effort to develop and produce all variants of the mission modules in support of the littoral combat ship (LCS) program as a major defense acquisition program (MDAP), (2) report to the defense and appropriations committees with respect to the development and production of each variant, and (3) report quarterly to such committees on each variant in support of such ship. (Sec. 127) Directs the Secretary of the Navy to report to the defense and appropriations committees on LCS designs. (Sec. 128) Directs the Comptroller General (CG) to: (1) review Navy compliance with Code of Federal Regulations requirements in accepting the LCS, and (2) report to the defense and appropriations committees on the operational support and sustainment strategy for the LCS program. (Sec. 129) Expresses the sense of Congress that the Secretary of the Navy should take appropriate steps to prioritize early engineering in large ship construction including amphibious class ships beginning with the LHA-8. (Sec. 130) Expresses the sense of Congress that: (1) the deterrence provided by a modern fleet of nuclear-powered ballistic missile submarines is critical to U.S. national security, (2) the Navy should replace Ohio class submarines with newer submarines, and (3) a minimum of 12 ballistic missile submarines are necessary to provide continuous at-sea deterrence. (Sec. 131) Expresses the sense of Congress that: (1) DOD should carefully evaluate the maritime force structure necessary to execute demand for forces by the commanders of the combatant commands; (2) the Navy should evaluate amphibious lift capabilities to meet current and projected requirements, and should consider prioritization of investment in and procurement of the next generation of amphibious assault ships; (3) such assault ships should maintain survivability protection; (4) operation and maintenance requirements analysis should be considered to reduce total ownership and acquisition cost; and (5) maintaining a robust amphibious shipbuilding industrial base is vital for the future of U.S. national security. (Sec. 132) Expresses the sense of the Senate that, if the Navy budget for FY2014 includes a request for more than 13 new F-18 aircraft, the FY2014 budget request for F-35 aircraft should include a request for no fewer than six F-35B aircraft and four F-35C aircraft. Subtitle D: Air Force Programs - (Sec. 141) Reduces from 301 to 275 the number of strategic airlift aircraft, effective as of 45 days after the DOD Director of Cost Assessment and Program Evaluation and the Chairman of the Joint Chiefs of Staff (JCS) conduct a study of, and report to the defense and appropriations committees on, mobility requirements for all aspects of the National Military Strategy. Requires the Secretary of the Air Force to preserve each C-5 aircraft retired after FY2012 so that such aircraft is stored in a flyable condition, can be returned to service, and is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense. (Sec. 142) Prohibits the Secretary of the Air Force, beginning October 1, 2011, from retiring more than six B-1 aircraft. Directs such Secretary to maintain in a common capability configuration at least 36 of such aircraft as combat-coded. (Sec. 143) Prohibits the Secretary of the Air Force from cancelling or modifying the avionics modernization program for C-130 aircraft until 90 days after submitting to the defense and appropriations committees a cost-benefits analysis of such program. (Sec. 144) Directs the Secretary to treat as MDAPs certain programs for the F-22A Raptor aircraft. Requires the Secretary of the Air Force to report annually to the defense and appropriations committees on the costs, schedules, and performance of the F-22A Raptor modernization program. Subtitle E: Joint and Multiservice Matters - (Sec. 151) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of V-22 aircraft for the Navy, Air Force, and U.S. Special Operations Command. (Sec. 152) Authorizes the Secretary of the Air Force to procure two space-based infrared systems through a fixed-price contract. Allows the Secretary, under such contract, to use incremental funding for up to six fiscal years. Prohibits the total procurement cost from exceeding $3.9 billion. Allows such Secretary to waive the cost limitation upon notification of adjustment to the defense, appropriations, and intelligence committees. Provides adjustment limits. Requires such Secretary to report to such committees within 30 days after contract award. Authorizes such Secretary to use Air Force procurement funds for the advanced procurement of long-lead parts and the replacement of obsolete parts for space-based infrared system satellite space vehicles number 5 and 6. Expresses the sense of Congress that such Secretary should not enter into a fixed-price contract under this section unless it will secure substantial Air Force savings over the cost of procuring two systems separately. (Sec. 153) Prohibits the obligation of more than 10% of the funds available to the Air Force for FY2013 for the evolved expendable launch vehicle program until the Secretary of the Air Force submits to the defense, appropriations, and intelligence committees: (1) a report describing the program's acquisition strategy; and (2) a certification that such strategy maintains assured access to space, achieves substantial cost savings, and provides opportunities for competition. Requires the CG to review the report and submit results to such committees. (Sec. 154) Prohibits FY2013 DOD funds from being obligated or expended to retire or place in storage an RQ-4 Block 30 Global Hawk unmanned aircraft system. Requires the Secretary of the Air Force, during the period preceding December 31, 2014, to maintain the operational capability of any such system belonging or delivered to the Air Force. (Sec. 155) Directs the Secretary of the Air Force, by June 1, 2013, to: (1) establish the initial operational capability date for the F-35A aircraft, and (2) report capability details to the defense and appropriations committees. Directs the Secretary of the Navy, by the same date, to: (1) establish such capability dates for the F-35B and C aircraft, and (2) report capability details to such committees. (Sec. 156) Requires the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict to report to the defense and appropriations committees on costs, schedule, and operational capabilities of the shallow water combat submersible program. Requires quarterly updates to such initial report. (Sec. 157) Directs the Secretary to ensure that all DOD tactical manned intelligence, surveillance, and reconnaissance aircraft and unmanned aerial vehicles use specified data links and formats in order to ensure communications interoperability. Requires data links and formats chosen to conform to a DOD specification standard, and not include any proprietary or undocumented waveforms. Authorizes a waiver of such requirements if the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) certifies to the defense and appropriations committees that: (1) it would be technologically infeasible or economically unacceptable to apply such standards to such aircraft, or (2) such an aircraft is under a special access program that is not considered a MDAP. (Sec. 158) Directs the Secretary to: (1) contract with a federally funded research and development center (FFRDC) to conduct a study on the Army's small arms and ammunition capabilities, and (2) report study results to the defense and appropriations committees. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2013 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table. Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Directs the Secretary of the Air Force to ensure that the next-generation long-range strike bomber is: (1) capable of carrying strategic nuclear weapons upon achieving initial operating capability, and (2) certified to use such weapons within two years after achieving such capability. (Sec. 212) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 a limitation on the availability of funds for the Unmanned Carrier-launched Surveillance and Strike system program. Prohibits the Secretary of the Navy from reducing to one the number of prime contractors for the technology development phase of such program prior to the program achieving the preliminary design review milestone. Prohibits such Secretary, after achieving such milestone, from reducing such contractors to one until preliminary design reviews are completed, the Under Secretary certifies the completeness of the reviews, and 30 days have elapsed since such certification. (Sec. 213) Prohibits any FY2013 Army RDT&E funds from being obligated or expended for Milestone A activities with respect to a medium-range multipurpose vertical takeoff and landing unmanned aerial aircraft system until: (1) the Chairman of the Joint Requirements Oversight Council certifies to the defense, appropriations, and intelligence committees as to the system's capabilities; and (2) at least 30 days have elapsed following such certification. (Sec. 214) Requires the Secretary to ensure that any FY2013 funds for activities of the conventional prompt global strike program are obligated or expended using competitive solicitation procedures involving industry as well as government partners. Allows a waiver if the Secretary determines that using such procedures is not feasible, notifies the defense and appropriations committees, and five days have elapsed since the notification. (Sec. 215) Prohibits the obligation or expenditure of amounts under the Next Generation Foundry for the Defense Microelectronics Activity until 60 days after the Assistant Secretary of Defense for Research and Engineering develops and submits to the defense and appropriations committees a microelectronics strategy and an estimate of the full life-cycle costs for the upgrade of such Foundry, as well as an assessment of U.S. manufacturing capability to produce three-dimensional integrated circuits. (Sec. 216) Directs the Under Secretary to submit to the defense and appropriations committees a strategy for the use of integrated platform design teams and agile prototyping approaches for the development of advanced rotorcraft capabilities. Subtitle C: Missile Defense Programs - (Sec. 221) Prohibits the obligation or expenditure of any FY2013 DOD funds for the medium extended air defense system. (Sec. 222) Earmarks specified DOD RDT&E funds to Israel for the Iron Dome short-range rocket defense program. (Sec. 223) Authorizes the Secretary of the Navy to transfer AEGIS weapon system equipment with Ballistic Missile Defense (BMD) capability to the Missile Defense Agency (MDA) for installation in the country designated as Host Nation 1. Requires the MDA Director to make a transfer of related equipment to the Navy for the DDG-51 class destroyer program. (Sec. 224) Prohibits the obligation or expenditure of more than 75% of the FY2013 funds for the precision tracking space system until the Director of Cost Assessment and Program Evaluation completes and submits to the defense and appropriations committees an evaluation of alternatives to such system. Requires: (1) the MDA Director to enter into a memorandum of understanding (MOU) with the Commander of the Air Force Space Command with respect to the space situational awareness capabilities, requirements, design, and cost sharing of such system; and (2) the CG to provide to such committees a briefing on evaluation terms of reference and a final report assessing the evaluation. (Sec. 225) Requires the MDA Director to: (1) develop a long-term plan for the Exo-atmospheric kill vehicle for the ground-based interceptor and any other interceptor that might be developed against long-range ballistic missiles, and (2) report to the defense and appropriations committees on such plan. (Sec. 226) Directs the Secretary of the Army to submit to such committees a modernization plan of the Patriot air and missile defense system and related systems of the integrated air and missile defense architecture. (Sec. 227) Directs the Secretary to conduct a study evaluating at least three possible additional U.S. locations for future deployment of an interceptor capable of protecting against threats from nations such as North Korea and Iran, requiring accompanying environmental impacts. Requires the MDA Director to: (1) develop a contingency plan for an additional interceptor site in case the President decides to proceed with an additional deployment, and (2) notify the defense and appropriations committees when such plan has been developed. (Sec. 228) Expresses the sense of Congress: (1) for a national priority of defending the United States against the potential future threat of limited ballistic missile attack; (2) in favor of the currently deployed ground-based midcourse defense (GBMD) system to provide such defense, assuming appropriate levels of sustainability and performance; (3) that the MDA should correct problems discovered in GBMD flight tests; and (4) that DOD should continue to evaluate the evolving threat of limited ballistic missile attack, particularly from countries such as North Korea and Iran, and consider other possibilities for affordable and effective steps to improve the posture of the United States to defend itself. Requires: (1) a report from the Secretary to the defense and appropriations committees on the status of efforts to improve U.S. homeland missile defense capability, and (2) a briefing of such committees by the CG with respect to such report. (Sec. 229) Expresses the sense of Congress that : (1) the threat from regional ballistic missiles, particularly from Iran and North Korea, is serious and growing, and puts at risk forward-deployed U.S. forces and allies and partners in Europe, the Middle East and the Asia-Pacific region; (2) DOD has an obligation to protect all such forces; (3) the European Phased Adaptive Approach is an appropriate and necessary response to such threat; (4) DOD should continue to test and plan to deploy all four phases of such Approach, as well as other phased and adaptive regional missile defense efforts; and (5) European members of the North Atlantic Treaty Organization (NATO) are making valuable contributions toward European missile defense. Requires: (1) a report from the Secretary to the defense and appropriations committees on the status and progress of regional missile defense programs and efforts, and (2) a briefing of such committees by the CG with respect to such report. (Sec. 230) Directs the Secretary to report to such committees on: (1) contributions of NATO members to missile defense in Europe, and (2) the testing program for the GBMD element of the BMD system. Requires a CG briefing with respect to the latter report. (Sec. 232) Expresses the sense of Congress that: (1) it is U.S. policy to deploy as soon as possible an effective national missile defense system capable of defending the United States against limited ballistic missile attack; (2) further limitations on missile defense capabilities are not in the U.S. national security interests; (3) the New Start Treaty and statements by the Russian Federation do not limit, and should not be interpreted as limiting, current plans to protect the United States or its Armed Forces and allies from such attack; (4) any additional defensive limitations may enter into force only with the advice and consent of the Senate; and (5) the Arms Control and Disarmament Act requires that no action shall be taken that would obligate the United States to reduce or limit its Armed Forces or armaments in a militarily significant manner, except pursuant to the treaty-making power of the President. (Sec. 233) Expresses the sense of Congress that the Secretary should comply with requirements of the previous National Defense Authorization Act and submit to Congress a homeland defense hedging policy and strategy report. Subtitle D: Reports - (Sec. 241) Directs the Secretary of the Navy to report to the defense and appropriations committees on the mine countermeasures, antisubmarine, and surface warfare mission packages for the littoral combat ship. (Sec. 242) Directs the Commandant of the Marine Corps to: (1) study the future capabilities of the Marine Corps with respect to electronic warfare, and (2) report study results to the defense and appropriations committees. (Sec. 243) Provides that if the ongoing Marine Corps ground combat vehicle fleet mix study recommends the acquisition of a separate Marine personnel carrier, then the Secretary of the Navy and the Commandant of the Marine Corps shall jointly report to the defense and appropriations committees with respect to such carrier. (Sec. 244) Requires the Secretary of the Air Force to submit to such committees a report on Air Force cyber and information technology research investments. (Sec. 245) Directs the Secretary to: (1) enter into an agreement with the National Research Council to review the DOD specialized degree-granting graduate programs in science, technology, engineering, mathematics, and management; and (2) report review results to the defense and appropriations committees. Subtitle E: Other Matters - (Sec. 251) Includes educational institutions in Puerto Rico, the Northern Mariana Islands, and U.S. territories and possessions within authorized defense laboratories education partnerships. (Sec. 252) Authorizes the Secretary to use the DOD research and engineering network to support regional advanced technology clusters established by the Secretary of Commerce to encourage the development of innovative advanced technologies to address national security and homeland defense challenges. Requires the Under Secretary to report to Congress on DOD participation in such activities. (Sec. 253) Expresses the sense of Congress that the Secretary should develop a plan to increase the use of emerging technologies in autonomous systems, the commercial gaming sector, and artificial intelligence for training exercises for members of the Armed Forces (members). Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2013 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD. Subtitle B: Energy and Environment - (Sec. 311) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to extend through FY2018 the submission to Congress of progress reports on a training range sustainment plan and inventory. (Sec. 312) Amends the Sikes Act (conservation management on government lands) to authorize the Secretary of the military department concerned (Secretary concerned) to enter into cooperative agreements with Indian tribes for land management in areas adjoining military installations and state-owned National Guard installations. (Sec. 313) Directs the Secretary to: (1) issue to the military departments and appropriate defense agencies written guidance on environmental exposures at military installations, (2) submit such guidance to the defense and appropriations committees, and (3) brief such committees regarding materiel solutions that would measure environmental exposures to members while in contingency operations. (Sec. 314) Directs the Secretary, if a required annual report for FY2011 concerning DOD operational energy is not submitted to the defense and appropriations committees by December 31, 2012, to report to such committees on the status of targets listed in the document entitled "Operational Energy Strategy: Implementation Plan, Department of Defense, March, 2012." (Sec. 315) Prohibits the obligation or expenditure of FY2013 biofuels production funds for the construction of a biofuel refinery until DOD receives matching contributions from the Department of Energy (DOE) and equivalent contributions from the Department of Agriculture for the same purpose. (Sec. 316) Expresses the sense of the Senate that: (1) DOD airfields, training airspace, and air training routes must be protected from encroachment; (2) placement of obstructions near such areas could potentially increase risk to military aircraft and personnel as well as impact training and readiness; and (3) DOD should develop and promulgate comprehensive guidance to assess the impact of such potential encroachments on DOD's ability to conduct missions or maintain readiness. Subtitle C: Logistics and Sustainment - (Sec. 321) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2004 to authorize the Secretary concerned to carry out a demonstration project at specified facilities for the promotion by one grade level of workers who are certified at the journey level to perform multiple trades. Extends the project through FY2018. (Sec. 322) Repeals certain amendments made under the National Defense Authorization Act (NDAA) for Fiscal Year 2012 relating to DOD depot-level maintenance, and revives the former provisions. Directs the Secretary to report biennially to Congress identifying core depot-level maintenance and repair capability requirements and corresponding workloads for each of the military departments (other than the Coast Guard). Requires the CG to review each such report and submit review results to the defense and appropriations committees. (Sec. 323) Requires the Secretary of the Air Force, in managing system program responsibilities for sustainment programs not assigned to a program executive officer or a direct reporting program manager, to comply with DOD instructions regarding the assignment of program responsibility. Subtitle D: Readiness - (Sec. 331) Authorizes the Secretary concerned to enter into intergovernmental support agreements with state or local governments for the procurement or sharing of installation support services, as long as such Secretary determines that the agreement will serve the best interests of that department. (Sec. 332) Amends the NDAA for Fiscal Year 2008 to extend to all military department Secretaries (under current law, only to the Secretary of the Army) the authority to use working-capital funds for expenses directly related to conducting a pilot program for a product or process improvement. Extends such authority through FY2018, and revises report requirement deadlines. (Sec. 333) Expresses the sense of Congress that the Secretary should expedite completion of the study of U.S. strategic ports called for in the conference report accompanying the NDAA for Fiscal Year 2012 so that it can be submitted to Congress before December 31, 2012. Requires such study results to be submitted to the CG, who shall assess such report and submit assessment results to the defense and appropriations committees. Directs the CG to subsequently: (1) conduct a study of DOD programs and efforts related to the state of strategic ports with respect to DOD's operational and readiness requirements, and (2) report study results to such committees. Subtitle E: Reports - (Sec. 341) Requires as additional information in an annual DOD report on long-term corrosion strategy: (1) data on return of investment for completed corrosion projects and activities; and (2) how such funds are used for military corrosion projects, the technical corrosion collaboration pilot program, and other corrosion-related activities. (Sec. 342) Directs the Secretary to report to Congress on the readiness of the joint force to conduct operations in environments lacking access to command, control, communications, computers, intelligence, surveillance, and reconnaissance systems, including the Global Positioning System (GPS). Requires the JCS Chairman, based on report results, to develop a roadmap and joint exercise plan for the joint force to operate in such an environment. (Sec. 343) Revises the deadline for a CG review of an annual report on prepositioned materiel and equipment. (Sec. 344) Includes within a required annual report on the maintenance and repair of naval vessels in foreign shipyards vessels operated pursuant to a contract entered into by the Secretary of the Navy and the Maritime Administration or the U.S. Transportation Command in support of DOD operations. (Sec. 345) Amends the NDAA for Fiscal Year 2010 the extend the deadline for a CG report on the DOD service contract inventory. Subtitle F: Limitations and Extension of Authority - (Sec. 351) Repeals the authority of the Secretary to provide certain military equipment and facilities to federal, state, or local law enforcement or emergency response agencies to prepare for or respond to emergencies involving chemical or biological agents. (Sec. 352) Requires the Secretary to: (1) establish a budget justification display that fully identifies the baseline aerospace control alert budget for each of the military departments and encompasses all programs and activities of the aerospace control alert mission for procurement, O&M, RDT&E, and military construction; and (2) report to the defense and appropriations committees a cost-benefit analysis and risk-based assessment of such mission as it relates to expected future budget and force structure changes. Directs the CG to review such analysis and assessment and report review results to such committees. Expresses the sense of Congress that Air Force wings performing 24-hour aerospace control alert missions provide an essential service in defending U.S. airspace in the aftermath of the September 11, 2001, terrorist attacks upon the United States. (Sec. 353) Prohibits more than $5 million in FY2013 O&M funds from being made available for the National Museum of the United States Army until the Secretary of the Army certifies to the defense and appropriations committees that sufficient private funding has been raised to fund construction of the Museum portion known as the Baseline Museum, and that at least 50% of the latter Museum has been completed. (Sec. 354) Prohibits any FY2013 DOD funds from being used to retire, inactivate, or place in storage a cruiser or dock landing ship. (Sec. 355) Prohibits the President from transferring a veterans memorial object to a foreign country, person, or entity unless the transfer is specifically authorized by law, or is made after September 30, 2017. Subtitle G: National Commission on the Structure of the Air Force - National Commission on the Structure of the Air Force Act of 2012 - (Sec. 362) Establishes the National Commission on the Structure of the Air Force to study the current structure of the Air Force to determine whether and how it should be modified to best fulfill current and anticipated Air Force mission requirements consistent with available resources. Requires the Commission to report its findings and conclusions to the President and the defense and appropriations committees. Terminates the Commission 90 days after such report. Provides funding. Subtitle H: Other Matters - (Sec. 371) Provides that if a military working dog (dog) should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary concerned may transfer the dog to the 341st Training Squadron or to another location for adoption. Authorizes the Secretary to establish and maintain a system to provide for the veterinary care of retired dogs. (Sec. 372) Directs the CG to: (1) review DOD policies and procedures for the handling, labeling, and packaging of hazardous material shipments, and (2) report review results to the defense, appropriations, and transportation committees. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2013. (Sec. 402) Revises permanent active-duty end strength minimum levels. (Sec. 403) Provides an annual 15,000-member limit on reductions in end strengths of the regular Army or Marine Corps during each of FY2014-FY2017. (Sec. 404) Directs the Secretary to develop and implement a plan to increase the number of Marine Corps personnel assigned to the Marine Corps Embassy Security Group at Quantico, Virginia, as well as Marine Security Group regional commands and detachments at U.S. embassies, consulates, and other diplomatic facilities by up to 1,000 Marines in light of threats to U.S. personnel and property. Requires a description of the expanded security support to be included in each annual budget submission after FY2013. Directs: (1) the Secretary to conduct an assessment of the Marine Corps Security Guard Program and report assessment results to Congress; and (2) the President to notify Congress of any required modification in the scope of such Program. Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2013 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth minimum end strengths for FY2013 for Army and Air Force dual status military technicians. (Sec. 414) Provides a FY2013 limitation on the number of non-dual status Army and Air Force military technicians. (Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2013. Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2013 for military personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Increases by two the authorized Navy active-duty flag officer end strength limitation. (Sec. 502) Extends through 2018 DOD authority to convene selection boards to consider early discharges for regular officers below lieutenant colonel or commander who have served on active duty for at least one year in their current grade, are not on a promotion list, and are ineligible for retirement. (Sec. 503) Revises the definition of joint duty assignment as it pertains to instructors to include all instructor assignments for joint training and education. (Sec. 504) Increases from 30 to 33 years the maximum authorized length of service a chief Navy warrant officer, grade W-5, may serve prior to statutory retirement. (Sec. 505) Extends through FY2018 the authority of the Secretary concerned to reduce from 10 to 8 years the minimum length of active-duty service as a commissioned officer prior to voluntary retirement. (Sec. 506) Allows the Secretary or the Secretary concerned, during FY2013-FY2018, to retire up to 4% of the total number of officers in grades O-5 and O-6 within each military department, notwithstanding that such officers do not have the normally-required three years of service in such grade prior to retirement. (Under current law, such authority terminated at the end of 2007.) (Sec. 507) Authorizes the Secretary or the Secretary concerned, during FY2013-FY2017, to retire up to 10% of the total number of officers in grades O-7 and O-8, again notwithstanding the required prior three years of service in such grade. (Sec. 508) Establishes the position of Chief of Chaplains in the Air Force, holding the grade of major general. Requires such appointee to have served as an active-duty chaplain for at least eight years. Subtitle B: Reserve Component Management - (Sec. 511) Codifies under federal law the positions of Assistant to the Chairman of the Joint Chiefs of Staff for: (1) National Guard Matters, and (2) Reserve Matters. Outlines position qualifications and duties. Repeals a superseded provision of the NDAA for Fiscal Year 1998. (Sec. 512) Confers federal recognition on members of the National Guard promoted from W-1 to chief warrant officer, W-2. (Sec. 513) Authorizes the Chief of the National Guard Bureau to establish a program to provide professionals (to be known as transition assistance advisors) in each state to serve as points of contact to assist members of the reserves who serve on active duty for more than 180 consecutive days in accessing benefits and health care furnished under the DOD and the VA. Requires an individual transition plan for each member. Provides program funding. Subtitle C: General Service Authorities - (Sec. 518) Authorizes licensed clinical social workers and psychiatric advanced practice registered nurses (under current law, only psychiatrists) to conduct pre-separation medical examinations to make post-traumatic stress disorder (PTSD) determinations. (Sec. 519) Directs the Secretary (and the Secretary of Homeland Security with respect to the Coast Guard) to develop and implement a plan to measure DOD and Coast Guard efforts to achieve a sustainable level of members of the Armed Forces that will reflect the diverse population of the United States eligible to serve, including gender-specific, racial, and ethnic populations. Requires progress made in implementing such plan to be included in currently-required annual manpower requirements reports. Directs the Secretary of Homeland Security to annually prepare and submit to specified congressional committees a report addressing diversity among officers and enlisted personnel within the Coast Guard and Coast Guard Reserve. (Sec. 520) Extends through 2016 the limitation on the reduction on manpower levels within the service review agencies of the military departments. (Sec. 521) Extends through FY2015 the authority of members to accumulate and carry over up to 75 days of leave. (Sec. 522) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to include within its career intermission pilot program Guard and reserve members serving on active duty. Authorizes program participants to retain their earned leave balance (up to a 60-day limit) and to be processed for disability separation while so participating. (Sec. 523) Prohibits providing a waiver for commissioning or enlistment in the Armed Forces for any individual convicted under federal or state law of the felony offense of rape, sexual abuse, sexual assault, incest, or any other sexual offense. (Sec. 524) Directs the Secretary to standardize, assess, and monitor DOD medical evaluation boards, physical evaluation boards, and physical evaluation board liaison officers. Requires the Secretary to submit to the defense and veterans committees: (1) a one-time report setting forth a plan for the implementation of this section, and (2) subsequent annual reports over four years assessing plan implementation. (Sec. 525) Requires each department Secretary to report semiannually in 2013-2014 to the defense committees on the number of members of regular components of that armed force who were involuntarily separated from active duty in order to meet force reduction requirements. (Sec. 526) Directs the Secretary to report to the defense and appropriations committees evaluating the feasibility of incorporating gender-neutral occupational standards for military occupational specialties currently closed to females. (Sec. 527) Directs the Secretary of the Air Force and the Air Force Chief of Staff to jointly report to the defense and appropriations committees on education and training and promotion rates for Air Force pilots of remotely piloted aircraft. (Sec. 528) Directs each military department Secretary, in materials in support of the budget for each of FY2014-FY2018, to include a statement of the degree to which their disability population impacts their readiness to meet ongoing mission requirements and dwell time. Requires the Secretary concerned, when necessary, to include a plan to mitigate any adverse impact. Subtitle D: Military Justice and Legal Matters - (Sec. 531) Requires the Staff Judge Advocate to the Commandant of the Marine Corps to be appointed by the President, by and with the advice and consent of the Senate. Authorizes such Advocate to supervise the administration of justice and delivery of legal assistance within the Marine Corps, and to provide professional supervision of legal services provided by Marine Corps judge advocates. (Sec. 532) Requires, in annual reports of the Committee of the Uniform Code of Military Justice, legal information from the judge advocates general and the staff judge advocate of the Marine Corps, including appellate review results of general or special court martial determinations. (Sec. 533) Requires the Armed Forces to accommodate the conscience, moral principles, or religious beliefs of its members and, so far as practicable, may not use such conscience, principles, or beliefs as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. Prohibits any member from: (1) requiring a chaplain to perform any rite, ritual, or ceremony that is contrary to his or her beliefs; or (2) discriminate or take adverse personnel action against a chaplain for their refusal to comply with a directive that is against his or her beliefs. (Sec. 534) Directs the military department Secretaries, and the Secretary of Homeland Security with respect to the Coast Guard, to report to the defense and transportation committees on hazing in each of their respective departments. Subtitle E: Member Education and Training Opportunities and Administration - (Sec. 541) Transfers from the Secretary of Education to the Secretary responsibility and authority for operation of the Troops-to-Teachers Program of the Elementary and Secondary Education Act of 1965. Authorizes the Secretary to carry out a Troops-to-Teachers Program: (1) to assist retired or former members of the Armed Forces to obtain certification as elementary, secondary, or career or technical teachers; and (2) to facilitate the employment of such members by local educational agencies or charter schools identified by the Secretary of Education as receiving low-income families grant assistance or experiencing a shortage of teachers. Outlines member eligibility and application requirements and processes. Requires such Program participants to teach for at least three school years following appropriate certification or licensing. Authorizes the Secretary to pay: (1) a stipend to cover expenses incurred to obtain the required educational level, certification, or licensing, limiting such stipend to $5,000; and (2) a bonus to participants who agree to teach for at least three years at an eligible school, limiting such bonus to $10,000. Limits to 5,000 the total number of stipends to be paid in a fiscal year, and to 3,000 the total number of bonuses to be paid in a fiscal year. Provides for stipend or bonus reimbursement in appropriate cases, with exceptions under certain circumstances. Limits to $15 million the total amount to be obligated under the Program for any fiscal year. Terminates the Department of Education Troops-to-Teachers Program. (Sec. 542) Authorizes the Secretary of the Navy to: (1) enter into agreements with the Naval Academy Association to support the Naval Academy athletic and physical fitness programs, (2) receive funds from the Association and the National Collegiate Athletic Association (NCAA) to further such support, and (3) enter into agreements for licensing and marketing relating to Naval Academy trademarks and service marks. (Sec. 543) Amends the NDAA for Fiscal Year 2012 to remove the limit of five on the number of military occupational specialties or duty specialty codes for coverage under a DOD pilot program on the receipt of civilian credentialing for skills required in military specialties. (Sec. 544) Authorizes the VA Secretary, as a condition of a grant or contract to a state for certain veterans' employment and training programs, to require the state to demonstrate the consideration of any military training or experience received by a veteran when approving or denying a license or certification as a nonemergency or emergency medical professional or a commercial driver. (Sec. 545) Directs the Secretary to: (1) assess the extent of access that representatives of institutions of higher education have to military installations, and (2) report assessment results to the defense committees. (Sec. 546) Requires the Secretary to report to such committees on DOD efforts to standardize educational transcripts issued to members upon their separation. (Sec. 547) Directs the CG to: (1) review the methodology used by the Military Education Coordination Council in compiling a required report concerning joint professional military education, (2) report review results to the defense committees, and (3) submit to such committees an assessment of the work performed by joint professional military education research institutions in support of professional military education and the broader mission of DOD and the military departments and defense agencies. Subtitle F: Reserve Officers' Training Corps and Related Matters - (Sec. 551) Repeals the requirement that at least 50% of service academy midshipmen and cadets qualify for and receive in-state tuition rates. (Sec. 552) Authorizes the Secretary concerned to issue arms, tentage, and equipment to an educational institution at which no JROTC unit is maintained if such institution offers a course in military instruction and has at least 50 students above the eighth grade. (Sec. 553) Amends the Hunter Act to require the Secretary to develop a plan to establish and support at least 3,000 and no more than 3,700 (under current law, not less than 3,700) Junior Reserve Officers' Training Corps (JROTC) units by September 20, 2020. Authorizes the Secretaries concerned to determine that support provided to youth development programs is consistent with JROTC funding limitations and program objectives. Requires additional periodic plan reports until 2020. (Sec. 554) Directs the CG to report to the defense and appropriations committees on the effectiveness and oversight of the ROTC program. Subtitle G: Defense Dependents' Education and Military Family Readiness - (Sec. 561) Earmarks specified DOD O&M funds for assistance to local educational agencies: (1) that benefit dependents of members and civilian DOD employees; and (2) with enrollment changes due to base closures, force structure changes, or force relocations. Extends the latter assistance authority through FY2014. (Sec. 562) Earmarks specified DOD O&M funds for impact aid for children with severe disabilities. (Sec. 563) Impact Aid Improvement Act of 2012 - Amends title VIII of the Elementary and Secondary Education Act of 1965 to revise the calculation of: (1) impact aid payments owed to federal property districts, and (2) eligible children displaced from housing located on federal property. Revises the deadline for final payments to educational districts. Terminates such amendments two years after the enactment of this Act. (Sec. 564) Revises a DOD program which provides transitional compensation and other benefits for the dependents of members who were separated from service due to dependent abuse to include under such coverage a child who was carried during pregnancy at the time of the abuse and born thereafter. (Sec. 565) Permits the Secretary to authorize the enrollment in a DOD domestic education program of a dependent of a member or federal employee currently enrolled in the DOD overseas education program if: (1) the dependent departed the overseas location as a result of an evacuation order, (2) the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the DOD education program, and (3) the school has the necessary capacity and resources to allow such attendance. Limits such enrollment to the end of that school year. Authorizes the enrollment in the DOD virtual elementary and secondary education program, on a tuition basis, of a dependent of an active-duty member who, upon return to the United States, is enrolled in the elementary or secondary school of a local educational agency under the DOD domestic education program. (Sec. 566) Authorizes the head of a federal agency to appoint, on a noncompetitive basis, a relocating spouse of a member ordered to active duty for more than 180 days, or a spouse of a fully disabled or deceased member. (Sec. 567) Directs the Secretary to report to the defense and appropriations committees on the anticipated future of DOD family support programs during the five-year period after such report as military end strengths are reduced and forces are drawn down from combat operations in Afghanistan. (Sec. 568) Expresses the sense of Congress in support of the goals and ideals of Yellow Ribbon Day in honor of members who are serving overseas apart from their families and loved ones. Subtitle H: Improved Sexual Assault Prevention and Response in the Armed Forces - (Sec. 570) Includes sexual assault occurrence and response information to be included in DOD workplace and gender relations surveys. Revises survey dates. (Sec. 571) Allows sexual assault victim-members of the reserves to remain on active duty, or to be recalled to active duty, to complete a line-of-duty determination with respect to the assault. (Sec. 572) Directs each department Secretary to: (1) establish a record on the disposition of any unrestricted report of sexual assault involving a member, whether such disposition is court martial, nonjudicial punishment, or other administrative action; and (2) require the processing for administrative separation of any member convicted of a sexual offense who is not otherwise discharged in connection with such conviction. Requires the commander of every command and other specified units to conduct an organizational climate assessment within 120 days after the commander assumes command, and annually thereafter. Requires DOD to: (1) post and widely disseminate information about resources available to report and respond to sexual assaults, including hotline phone numbers and available websites; and (2) conduct a general education campaign to notify members of authorities available for the correction of military records containing retaliatory personnel action after making a report of sexual assault or harassment. Provides additional requirements regarding the disposition of records of sexual assault reports, including that all such records be retained for at least 20 years. (Sec. 573) Directs each military department Secretary to establish special victim capabilities for investigating and prosecuting allegations of child abuse, serious domestic violence, or sexual offenses, and providing support for the victims of such offenses. Directs the Secretary to: (1) prescribe standards for the training, selection, and certification of personnel who will provide such capabilities; and (2) submit to the defense committees the plans and timelines of the military departments for establishing such capabilities, as well as an assessment of such plans and timelines. (Sec. 574) Amends the NDAA for Fiscal Year 2012 to direct the Secretary to provide for the inclusion of a sexual assault prevention and response training module in the training for new or prospective commanders at all levels of command. Requires information on the DOD policy on sexual assault and its prevention and reporting procedures to be included in each member's initial entrance onto active duty or into duty status with a reserve component. (Sec. 575) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to require the Secretary concerned to include additional information in the case synopses portion of each required report regarding sexual assaults in their department in the prior year, including the reasons for any denials of victim requests for a permanent change of station or unit transfer after an assault. (Sec. 576) Directs the Secretary to establish an independent panel to review and assess: (1) UCMJ judicial proceedings involving sexual assault and related offenses for purposes of developing potential improvements to such proceedings, and (2) such proceedings since the amendments made to the UCMJ by the NDAA for Fiscal Year 2012, for the same purposes. Outlines panel duties, and requires panel reports to the Secretary and the defense committees during FY2013-FY2017. Terminates the panel at the end of FY2017. (Sec. 577) Requires, at the request of a member, certain DOD sexual assault forms and records to be retained for at least 50 years. (Sec. 578) Directs the Secretary to develop a policy to require a general or flag officer to review the circumstances of, and grounds for the proposed involuntary separation of, any member who: (1) makes an unrestricted report of a sexual assault, (2) within one year thereafter, is recommended for involuntary separation, and (3) requests a review on the grounds that the proposed separation was initiated in retaliation for making such report. Requires the Secretary to submit such policy to the defense committees. (Sec. 579) Directs the Secretary to develop and submit to the defense committees: (1) a policy to prevent and respond to sexual harassment in the Armed Forces, and (2) a plan to collect information and data regarding substantiated incidents of sexual harassment involving members. Subtitle I: Suicide Prevention and Resilience - (Sec. 580) Directs the Secretary to establish a position for the oversight of all DOD suicide prevention and resilience programs. (Sec. 581) Directs the Secretary to establish and carry out a program to provide members of the National Guard and reserves and their families with training in suicide prevention, resilience, and community healing and response to suicide, including provision of such training at Yellow Ribbon Reintegration Program events and activities authorized under the NDAA for Fiscal Year 2008. Terminates such program on October 1, 2017. Repeals a superseded provision of the NDAA for Fiscal Year 2008. (Sec. 582) Directs the Secretary to develop within DOD a comprehensive policy on the prevention of suicide among members. (Sec. 583) Directs the Secretary of the Army to conduct a study through FY2014 of resilience programs within the Army in order to assess the effectiveness of the current Army comprehensive soldier and family fitness program while verifying current Army means of reducing trends in high-risk or self-destructive behavior and training members to manage stressful or traumatic situations through resilience strategies and techniques. Requires such Secretary to report to the defense committees on such study. Subtitle J: Other Matters - (Sec. 584) Authorizes the Secretary concerned to issue a prisoner-of-war medal to any person who, while serving in any capacity with the Armed Forces, was held captive under circumstances which such Secretary finds were comparable to those under which persons have generally been held captive by enemy forces during periods of armed conflict. (Sec. 585) Makes technical amendments relating to the termination of the Armed Forces Institute of Pathology. (Sec. 586) Removes the requirement that the Secretary publish semiannually in the Federal Register a list of institutions of higher education that are ineligible for DOD contracts and grants by reason of preventing ROTC access or military recruiting on its campus. (Sec. 587) Authorizes the Secretary concerned to accept gifts and services that benefit the education of members and their families, as well as voluntary services to facilitate accounting for missing persons. (Sec. 588) Directs the Secretary to ensure that whenever the official flags of all 50 states are displayed by the Armed Forces, such display shall include the flags of the District of Columbia, Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, and Commonwealth of the Northern Mariana Islands. (Sec. 589) Requires the Secretary, upon determining that it is in the best interests of DOD to increase the maximum number of defense industry employees enrolled in the Naval Defense Development Program or the Air Force Institute of Technology, to submit to the defense committees a request for such increase. (Sec. 590) Extends through FY2013 VA authority for a program of referral and counseling services to veterans at risk of homelessness who are transitioning from certain institutional living. (Sec. 591) Requires in 2013 the DOD Inspector General (under current law, the Secretary of the Army) to inspect and report on the Arlington National Cemetery and the United States Soldiers' and Airmen's Home National Cemetery. Extends related report requirements from the DOD Inspector General and the department Secretaries. (Sec. 592) Directs the Secretary to report to the defense committees on certain investigations and reviews conducted with respect to the improper handling and preparation of the remains of deceased members and civilians at the Port Mortuary Division of the Air Force Mortuary Affairs Operations Center at Dover Air Force Base, Delaware. (Sec. 593) Directs the Secretary, in order to preserve the editorial and management independence of the Stars and Stripes newspaper, to extend its lease in the District of Columbia until the Secretary provides space and other support for such operations in a government-owned facility in the National Capital Region remote from the Defense Media Activity at Fort Meade, Maryland. Requires the Secretary to report to the defense committees on the implementation of such requirement. (Sec. 594) Requires the Director of the American Folklife Center at the Library of Congress to carry out a national public awareness and participation campaign for such Center's Veterans' History Project. (Sec. 595) Directs the Secretary to submit to the defense committees a plan to improve the completeness and accuracy of the data contained in the Defense Enrollment Eligibility Reporting System. (Sec. 596) Expresses the sense of Congress that the bugle call commonly known as "Taps" should be designated the National Song of Military Remembrance. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY2013 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases by 1.7%, effective January 1, 2013, the rates of basic pay for military personnel. (Sec. 602) Extends through 2013 DOD authority to provide a temporary increase in the rate of the basic allowance for housing (BAH) for housing located in a major disaster area or an area which contains one or more military installations experiencing a sudden increase in assigned personnel. (Sec. 603) Entitles to a BAH a member without dependents in a pay grade below E-6 who is assigned to sea duty and is married to another member. (Sec. 604) Requires the rate of BAH paid to a reserve member who performs active National Guard and reserve duty to be based on the member's permanent duty station, even when such member is mobilized for service on active duty other than active Guard and reserve duty. Requires such member to retain such permanent duty station-based BAH during transitions in service from active Guard and reserve duty to other active duty, so long as the member remains on active duty without a break in service. Allows members currently receiving a BAH rate higher than that provided in this section to continue to receive the higher rate until they are reassigned to another permanent duty station. Authorizes the Secretary concerned, in such latter cases, to continue to pay the higher rate at the new duty station to ensure fairness and equity or to serve the best interests of the United States. (Sec. 605) Directs the Secretary concerned to make a payment to each member who was eligible to participate in the Post-Deployment/Mobilization Respite Absence program, but did not participate for one or more days due to government error. Makes such payment: (1) $200 for each day of non-participation, and (2) in lieu of any authorized administrative absence for such day(s). Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2013 specified authorities currently scheduled to expire at the end of 2012 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces. (Sec. 616) Increases from $10,000 to $20,000 the maximum Selected Reserve officer affiliation bonus. (Sec. 617) Increases from $2,000 to $4,000 the maximum incentive bonus for reserve personnel who convert their military occupational specialty to one in which there is a shortage of trained and qualified personnel. Subtitle C: Travel and Transportation Allowances - (Sec. 621) Authorizes the payment of a travel and transportation allowance for a member of the Selected Reserve who is involuntarily separated due to force structure reductions between October 1, 2012, and December 31, 2018, and subsequently fills a critical vacancy in another Selected Reserve unit located more than 150 miles from the member's residence. Allows such payment to include an allowance for dependents and household effects. (Sec. 622) Authorizes the Secretary to establish a program to provide transportation on DOD aircraft on a space-available basis for: (1) active duty personnel; (2) reserve members holding a valid Uniformed Services Identification and Privilege Card; (3) retired members who, but for not attaining age 60, would be eligible for military retired pay; and (4) certain dependents of members described above. Allows the Secretary to establish an order of priority based on considerations of military needs and readiness. Provides a special priority for retired members (and one accompanying dependent) residing in a U.S. commonwealth or possession who need certain health care services not readily available in their location. Subtitle D: Benefits and Services for Members Being Separated or Recently Separated - (Sec. 631) Extends through 2018 DOD authority to allow involuntarily separated members to continue to use military commissary and exchange stores for two years after such separation. (Sec. 632) Allows involuntarily separated members, during the period beginning on October 1, 2012 and extending through December 31, 2018, to remain in government family housing for up to 180 days following their date of separation. Prohibits the payment of BAH during any period following the involuntary separation. Subtitle E: Disability, Retired Pay, and Survivor Benefits - (Sec. 641) Waives payment of premiums under the Survivor Benefit Plan (SBP) for members retiring under the Federal Employees Retirement System (FERS) when such member waives military retired pay in order to elect civil service retirement and provide a survivor annuity. (Sec. 642) Removes members from automatic enrollment as a dependent under the Family Servicemembers' Group Life Insurance program when they are already insured under the Servicemembers' Group Life Insurance program. Subtitle F: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations - (Sec. 651) Eliminate the requirement that the Secretary record and report to Congress on changes in restrictions on the sale of merchandise by overseas commissary and exchange stores. (Sec. 652) Codifies the designation of the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for all purposes under laws relating to Fisher Houses and Fisher Suites. Authorizes as residents of such facility the primary next of kin and other family members of a member who dies while serving overseas, as well as escorts of such family members. Subtitle G: Military Lending - (Sec. 661) Applies the prohibition against charging out-of-state members higher interest rates on loans than what is permitted for residents of such state to other forms of consumer credit regulated by the Secretary for the credit protection of members. Includes the Bureau of Consumer Financial Protection among those federal financial regulators with whom the Secretary is required to consult with concerning member credit protection. (Sec. 662) Provides civil relief for violations of the protections on consumer credit extended to members and their dependents, including actual and punitive damages as well as equitable and declaratory relief. Requires the enforcement of protections on consumer credit for members and their dependents through agencies specified under the Truth in Lending Act. (Sec. 663) Conforms the definition of "dependent" for purposes of consumer credit extended to members and their dependents with such definition as used to establish eligibility for military medical care. Subtitle H: Military Compensation and Retirement Modernization Commission - (Sec. 672) Establishes as an independent entity in the executive branch the Military Compensation and Retirement Modernization Commission to: review the military compensation and retirement systems in light of their current elements, force management objectives, and changes in life expectancy and the labor force; and (2) develop recommendations for modernizing such systems. Requires the Commission, prior to making such recommendations, to examine all federal laws and policies concerning direct benefit payments made to members, veterans, and their family members, as well as laws and policies affecting various VA programs and benefits. Directs: (1) the President to establish and transmit to the Commission and Congress principles for modernizing such systems; (2) the Secretary to transmit to the Commission recommendations for such modernization; (3) the Commission to conduct public hearings on such recommendations; and (4) the Commission to report its findings and conclusions to the President. (Sec. 675) Directs the President, within 60 days after receiving the Commission's report, to transmit to the Commission and Congress a report containing the approval or disapproval of Commission recommendations. Allows for revised recommendations by the Commission in the case of presidential disapproval. (Sec. 676) Provides for a Commission Executive Director. Terminates the Commission 26 months after its establishment. Provides Commission funding. Subtitle I: Other Matters - (Sec. 681) Provides for the receipt by members of the Coast Guard Reserve called to emergency active duty of the same benefits provided to reserve members of the military departments called to active duty. (Sec. 682) Directs the VA Secretary to submit to the defense and veterans committees a plan to reduce the backlog of pending claims for VA benefits and to more efficiently process such claims. Title VII: Health Care Provisions - Subtitle A: TRICARE and Other Health Care Benefits - (Sec. 701) Directs the Secretary, beginning on the date of enactment of this Act and ending on December 31, 2018, to provide, for 180 days after separation, TRICARE Reserve Select and TRICARE dental insurance coverage to members of the Selected Reserve who are involuntarily separated without cause. (Sec. 702) Authorizes the Secretary to implement procedures to place selected over-the-counter drugs on the DOD pharmacy benefits program's uniform formulary and make such drugs available to eligible beneficiaries. Allows such a drug to be selected and included only if DOD's Pharmacy and Therapeutics Committee finds that it is cost- and clinically-effective. (Sec. 703) Revises provisions concerning mental health assessments of members deployed in support of a contingency operation to extend one of the periods during which such assessments are required. (Sec. 704) Allows the use of DOD funds for abortions in cases of rape or incest. (Sec. 705) Directs the Secretary to: (1) conduct a one-year pilot program for the treatment of autism spectrum disorders, including applied behavior analysis, and (2) report program results to the defense committees. (Sec. 706) Authorizes the Secretary, through community partnerships with private nonprofit organizations, to carry out a three-year pilot program to enhance DOD efforts in research, treatment, education, and outreach on mental health and substance use disorders and traumatic brain injury (TBI) in members of the National Guard and Reserves and their family members and caregivers. Requires a pilot program report from the Secretary to the VA Secretary and the defense and appropriations committees. (Sec. 707) Expresses the sense of Congress that: (1) members and their families endure unique and extraordinary demands and make extraordinary sacrifices over the course of 20 to 30 years of service, as do those who have been medically retired; and (2) access to quality health care services during retirement is an earned benefit in acknowledgment of such service and sacrifices. Subtitle B: Health Care Administration - (Sec. 711) Requires the automatic enrollment under TRICARE Prime of the dependent of a member entitled to military medical and dental care and who resides in an area in which TRICARE Prime is offered, if the member is in pay grade E-4 or below. Allows for the enrollment of such a dependent if the member is in pay grade E-5 or above. (Sec. 712) Requires (under current law, authorizes) the Secretary to establish cost-sharing requirements under the pharmacy benefits program. Provides required copayments with respect to each supply of generic, formulary, and nonformulary drugs within prescriptions covering 30 days or less, and those covering up to 90 days. Prohibits the Secretary, beginning in FY2013, from increasing such copayments by an amount higher than the annual percentage increase in military retired pay. Authorizes the Secretary to increase such copayments as of the beginning of FY2022. (Sec. 713) Includes within medical malpractice provisions of the Federal Tort Claims Act DOD subcontractors providing health care services under personal services contracts. (Sec. 714) Amends the NDAA for Fiscal Year 1996 to require an ongoing evaluation of the effectiveness of the TRICARE program to include its impact on members and their dependents, military retirees (current law) and their dependents, dependent children under age 21, and dependents of members on active duty with severe disabilities and chronic health care needs. (Sec. 715) Directs the Secretary to develop a process to ensure that health engagements conducted by DOD are effective and efficient in meeting U.S. national security goals. Authorizes the Assistant Secretary of Defense for Health Affairs to assess the effectiveness of any process so developed. (Sec. 716) Directs the Secretary to carry out a pilot program to refill prescription maintenance medications for each TRICARE for Life beneficiary through the DOD national mail-order pharmacy program. Allows program participants to opt out after one year. Requires annual pilot program reports from 2014 through 2018 from the Secretary to the defense and appropriations committees. Terminates the pilot program at the end of 2017. Subtitle C: Mental Health Care and Veterans Matters - (Sec. 723) Directs the Secretary to enter into a joint MOU with the VA Secretary providing for: (1) the DOD-VA sharing of the results of examinations and records under the medical tracking system for members deployed overseas, and (2) certain combat-experienced former members to be considered for employment as VA peer counselors. (Sec. 725) Directs the Secretary to: (1) provide for the translation of research on the diagnosis and treatment of mental health conditions into policy on medical practices, and (2) report to the defense committees on such translation. (Sec. 726) Directs the VA Secretary to: (1) develop and implement measures to assess VA mental health care services, as well as guidelines for the staffing of such services; and (2) report semiannually to the veterans committees on progress in developing and implementing such measures and guidelines. (Sec. 727) Expands the Vet Center program of counseling to former members who served on active combat duty to include the furnishing of counseling to their family members. (Sec. 728) Establishes in the Veterans Health Administration the Readjustment Counseling Service, to provide veterans' readjustment counseling and associated services. Requires an annual Service activities report from the VA Secretary to the veterans committees. (Sec. 729) Directs the VA Secretary to carry out a national outreach program to recruit mental health providers to provide such services for the VA on a part-time, no-compensation basis. (Sec. 730) Requires (under current law, authorizes) the VA Secretary to carry out a counseling program for veteran peer counselors. Requires such program, as well as peer outreach and peer support services, to be carried out at each VA medical center. Subtitle D: Reports and Other Matters - (Sec. 731) Directs the Secretary to: (1) develop a detailed plan for implementing reforms to the governance of the military health system, as described in a March 2012 DOD memorandum; and (2) provide phased reports to the defense and appropriations committees on such plan. Limits the availability of certain DOD O&M funds until the submission of such reports. Requires CG review of the submitted plan. (Sec. 732) Requires a report from the Secretary to the defense committees setting forth DOD policy on the future availability of TRICARE Prime for eligible beneficiaries in all TRICARE regions. (Sec. 733) Amends the NDAA Act for Fiscal Year 2012 to extend until March 31, 2013, required CG reports concerning: (1) contract health care staffing for military medical treatment facilities, and (2) women-specific health care services and treatment for female members. (Sec. 735) Directs the Secretary to: (1) conduct a study on DOD health care and related support provided to dependent children of members, and (2) report on such review to the defense and appropriations committees. (Sec. 736) Directs the Secretary to submit to the defense and appropriations committees a strategy, including a detailed timeline, to refine, and when appropriate, transition to using human-based training methods for the purpose of training members in the treatment of combat trauma injuries. (Sec. 737) Directs the Secretary to conduct a study on the incidence of breast cancer among members serving on active duty and report study results to the defense and appropriations committees. (Sec. 738) Requires the Secretary to: (1) establish a policy containing uniform performance outcome measurements to be used by each department Secretary in tracking and monitoring members participating in Warriors in Transition programs, (2) establish metrics and milestones for such members, and (3) provide an initial and and five subsequent annual reports to the defense and appropriations committees on the policy established and each department's performance under the policy. (Sec. 739) Expresses the sense of Congress in support of VA and DOD efforts to educate members and veterans and their families, the medical community, and the public with respect to the causes, symptoms, and treatment of PTSD. Directs the Secretary to submit to the defense committees a plan to improve the coordination and integration of DOD programs that address TBI and the psychological health of members. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Amends the NDAA for Fiscal Year 2008 to exempt DOD procurements of property or services under an interagency agreement with the Department of Energy (DOE) known as the Work For Others Program from being considered a procurement of property or services on behalf of DOD by a covered non-defense agency (thereby relieving such procurements from Inspector General reviews and compliance certifications required under such Act). (Sec. 802) Directs the Secretary, the Secretary of State, and the Administrator of the United States Agency for International Development (USAID) to issue guidance and regulations to ensure that when an offeror for a contract or a task or delivery order informs such agency that the offeror intends to award subcontracts for more than 70% of the contract value, the contracting officer will be required to: (1) consider the availability of alternative contract vehicles and the feasibility of contracting directly with the subcontractor that will perform the bulk of the work, (2) make a written determination that the contracting approach selected is in the best interests of the government, and (3) document the basis for such determination. (Sec. 803) Allows amounts from the Defense Acquisition Workforce Development Fund to be used for temporary acquisition personnel only for training such personnel in the performance of acquisition-related functions and duties. Extends through FY2017 DOD authority for the expedited hiring of acquisition workforce personnel. Requires the Under Secretary to develop an implementation plan for the limited funding authority for the temporary personnel. (Sec. 804) Directs the Secretary to review, and modify as necessary, the profit guidelines in Department of Defense Supplement to the Federal Acquisition Regulation (DOD-FAR) to identify any modifications necessary to ensure an appropriate link between contractor profit and contractor performance. (Sec. 805) Amends the NDAA for Fiscal Year 2008 to: (1) repeal the requirement of DOD Inspector General follow-up reports on internal controls for procurements made by DOD through certain non-defense federal agencies; and (2) authorize (under current law, direct) the inspectors general of DOD and the non-defense agencies to enter into a MOU concerning their review and determinations with respect to such internal controls. (Sec. 806) Amends the Skelton Act to extend through FY2018 a pilot program on the management of DOD supply chain risk. Requires the Secretary to: (1) establish criteria for measuring the effectiveness of the program, as well as its implementation; and (2) report to Congress on such effectiveness and implementation. (Sec. 807) Expresses the sense of Congress in support of: (1) DOD efforts to implement the Item Unique Identification Initiative (Initiative) (the marking and tracking of assets deployed throughout the Armed Forces or in the possession of DOD contractors), (2) measures to verify contractor compliance with DOD-FAR regulations on unique identification, (3) DOD adoption and implementation of Initiative actions and milestones, and (4) DOD capture and use of Initiative meaningful data and benefits. Subtitle B: Provisions Relating to Major Defense Acquisition Programs - (Sec. 811) Directs the Secretary to modify acquisition regulations to prohibit DOD from entering into cost-type contracts for the production of major defense acquisition programs (MDAPs). Provides an exception when the Under Secretary certifies that such a contract is needed to provide a required capability in a timely and cost-effective manner. Applies such requirements to MDAP production contracts entered into on or after October 1, 2014. (Sec. 812) Requires: (1) the Under Secretary to review acquisition guidance to ensure that program managers for MDAPs are preparing estimates of potential termination liability for contracts with a potential liability of $100 million or more, and (2) the CG to report to the defense and appropriations committees on the extent to which DOD is considering such potential liability as a factor in entering into and terminating such contracts. (Sec. 814) Amends the Weapon Systems Acquisition Reform Act of 2009 to repeal the requirement to review ongoing MDAPs initiated before the enactment of DOD milestone B certification and approval process requirements. Subtitle C: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 821) Increases from 30 to 60 days after notification of the defense and appropriations committees the period that the Secretary concerned must wait before contracting for the lease of a vessel for a period greater than two but less than five years. (Sec. 822) Amends the Clinger-Cohen Act of 1996 to extend through 2014 DOD authority to use simplified acquisition procedures for the procurement of certain commercial items. (Sec. 823) Codifies provisions of the NDAA for Fiscal Year 2010 which require the Secretary to: (1) issue and maintain comprehensive guidance on life-cycle management and the development and implementation of product support strategies for major weapon systems, and (2) require that each major weapon system be supported by a product support manager. Includes within manager responsibilities using appropriate predictive analysis technologies to improve material availability and reliability, increase operational availability rates, and reduce operation and sustainment costs. Requires the product support strategy to maximize small business participation at appropriate levels. (Sec. 824) Codifies provisions of the Warner Act which require the Secretary to develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian personnel to achieve certain position qualification requirements with respect to each DOD major defense acquisition program (MDAP) and major automated information system program. (Sec. 825) Amends the Weapon Systems Acquisition Reform Act of 2009 to require the Secretary to take certain actions to ensure appropriate competition at the MDAP subcontract level, including, where appropriate, breaking out a major subsystem, conducting a separate competition for the subsystem, and providing the subsystem to the prime contractor as government-furnished equipment. (Sec. 826) Requires Buy American requirements to apply, without exception or exemption, to any textile components supplied by DOD to the Afghan National Army or the Afghan National Police for the production of uniforms. (Sec. 827) Provides additional whistleblower protections for defense contractor employees, including: (1) extending such protection to subcontractor employees; (2) adding as a valid disclosure an abuse of authority relating to a DOD or NASA contract or grant; (3) specifying the individuals and officials to whom such disclosures may be made, including management officials of the contractor or subcontractor; (4) extending coverage to reprisal actions taken in concert with the contracting agency; (5) conforming standard-of-proof requirements to those applicable for federal employees; (6) prohibiting whistleblower protections from being waived by an arbitration agreement; and (7) excepting from such protections disclosures made by an employee of a contractor or subcontractor of an element of the intelligence community. (Sec. 828) Prohibits an employee of a federal (non-defense) contractor, subcontractor, or grantee from being discharged, demoted, or otherwise discriminated against for disclosing to specified persons or bodies information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract. Includes as appropriate persons or bodies for such disclosure a Member of Congress, an inspector general, the Government Accountability Office (GAO), a federal employee responsible for contract or grant oversight or management, an authorized official of the Department of Justice (DOJ) or other law enforcement agency, a court or grand jury, or a management official or other employee of the contractor, subcontractor, or grantee responsible for investigating, discovering, or addressing misconduct. Outlines procedures for the investigation of such complaints (with a three-year statute of limitations), remedy and enforcement authority through the appropriate inspector general, and judicial review through the appropriate appellate court. Excepts from such protections disclosures made by an employee of a contractor or subcontractor of an element of the intelligence community. Terminates such requirements four years after the enactment of this Act. Directs the CG to evaluate the implementation of such requirements and report results to Congress. (Sec. 829) Directs the Secretary to review current personal conflict-of-interest limitations on DOD contractor employees to determine whether such limitations should be placed on contractor personnel performing: (1) functions other than acquisition functions that are closely associated with inherently governmental functions, (2) personal services contracts, or (3) contracts for staff augmentation services. (Sec. 830) Repeals the September 30, 2016, sunset for DOD authority to file bid protests for task and delivery orders in excess of $5 million. (Sec. 831) Directs: (1) the Under Secretary to issue guidance on the use of DOD authority to evaluate the reasonableness of contractor prices, and (2) the CG to review certain acquisition cost or pricing data and report to the defense and appropriations committees on the need for additional information to determine price reasonableness. (Sec. 832) Requires the Director of the Defense Contract Audit Agency to issue revised guidance on Agency auditor access to contractor internal audit reports and supporting materials. Requires such guidance to: (1) ensure that requests for access to contractor internal audit reports are appropriately documented, and (2) include appropriate safeguards to ensure the protection and confidentiality of such reports. Directs the CG to review the access documentation and report review results to the defense and appropriations committees. (Sec. 833) Amends the NDAA for Fiscal Year 2012 to provide an exception, in limited circumstances, to the prohibition as allowable contractor costs the cost of counterfeit and suspected counterfeit electronic parts and rework or corrective action with respect to such parts. Subtitle D: Provisions Relating to Contracts in Support of Contingency Operations - (Sec. 841) Amends the NDAA for Fiscal Year 2010 to extend through 2014 temporary DOD authority to acquire products and services produced in countries along a major supply route to Afghanistan. Authorizes the Secretary to expand such authority to include products and services used by U.S. and coalition forces in Afghanistan, upon a determination that such products or services will be acquired from a country that has agreed to allow the transport of coalition personnel, equipment, and supplies from Afghanistan. Repeals an expired reporting requirement. (Sec. 842) Amends the NDAA for Fiscal Year 2008 to remove Iraq as a country for which the United States will provide preferential treatment in the acquisition of a product or service in support of military or stability operations. (Sec. 843) Directs the Secretary to issue guidance establishing the chain of authority and responsibility within DOD for policy, planning, and execution of operational contract support. (Sec. 844) Directs the Secretaries of Defense and State and the USAID Administrator to each issue guidance regarding data collection on contract support for future contingency operations outside the United States that involve combat operations. Requires the CG to review the data collection systems established to track contractor data and report review results to the defense, appropriations, and foreign relations committees. (Sec. 845) Requires the DOD military readiness reporting system to measure, on an annual basis, the capability of operational contract support for current and anticipated wartime missions. Makes the JCS Chairman responsible for determining the operational contract support requirements of the Armed Forces and recommending appropriate resources therefor. Requires the curriculum for each phase of joint professional military education to include courses relating to operational contract support, including such support for contingency operations. (Sec. 846) Directs the Secretary to require that a risk assessment on reliance on contractors be included in operational or contingency plans developed by a commander of a combatant command. Requires the head of each appropriate defense agency, no later than six months after the designation or commencement of a contingency operation outside the United States that is expected to or includes combat operations, to perform a risk assessment and develop a risk management plan for operational and political risks associated with contractor performance of critical functions in support of such operation for that agency. Provides an exception to such assessment and plan requirement for an operation that is not expected to continue for more than a year or one whose operational support contract amount is not expected to exceed $250 million. (Sec. 847) Amends the NDAA for Fiscal Year 2008 to extend until February 1, 2015, DOD reports on contracting in Iraq and Afghanistan. Repeals CG review of such reports. (Sec. 848) Amends the Inspector General Act of 1978 to provide additional responsibilities for the Chair of the Council of Inspectors General on Integrity and Efficiency upon the commencement or designation of an overseas contingency operation that exceeds 60 days, including the designation of a lead Inspector General among the inspectors general of DOD, the Department of State, and USAID. Provides lead Inspector General duties in such cases, including developing and carrying out an annual joint-strategic plan for operation oversight, and reporting biannually to Congress on the activities of the lead Inspector General and the other inspectors general during such operation. (Sec. 849) Expands the responsibilities of chief acquisition officers in federal agencies to include oversight of contracts and contracting activities for overseas contingency operations. (Sec. 850) Directs the Secretary of State and the USAID Administrator to submit to specified congressional committees an assessment of their departments' policies governing contract support for overseas contingency operations. Requires a related CG report on the progress of such departments in implementing changes and improvements to such policies. (Sec. 851) Requires the Administrator of Federal Procurement Policy to establish and maintain a database of prices of items and services charged to the federal government under government contracts, in order to assist federal agencies in evaluating offers for contracts which include such items and services. (Sec. 852) Requires information on a corporation that is included in a required federal database concerning the integrity and performance of entities awarded federal contracts or grants to include information on any parent, subsidiary, or successor entity of such corporation as appropriate for better understanding the performance of such corporation. (Sec. 853) Directs the Federal Acquisition Regulatory Council to develop a strategy for ensuring that timely, accurate, and complete information on contractor performance is included in past performance databases used by executive agencies for making source selection decisions. ... [summary shortened here: the full Congressional Research Service summary is 247,416 characters; read it at congress.gov]

Congressional Research Service summary (Public Law), quoted unchanged (nonpartisan). Read the source.

What a vote does

PSI Sci description of the legislative step (not an opinion).

The strongest published arguments

Alternatives

Needs sources: no published alternatives yet (for example a different bill, a law instead of an amendment, or keeping current law). We only show items backed by a published source. Suggest one.

How did my representative vote? · This bill's floor votes

Officials and money

Sponsor: Rep. McKeon, Howard P. "Buck" [R-CA-25] · 1 cosponsors

Cost estimate: No cost estimate published yet.

Cosponsors on this site

Adam Smith (D-WA)

Recorded votes

• House roll call 263 (2012): On Agreeing to the Amendment, HR4310 (2012-05-17): Failed
• House roll call 264 (2012): On Agreeing to the Amendment, HR4310 (2012-05-17): Failed
• House roll call 265 (2012): On Agreeing to the Amendment, HR4310 (2012-05-17): Agreed to
• House roll call 266 (2012): On Agreeing to the Amendment, HR4310 (2012-05-17): Agreed to
• House roll call 267 (2012): On Agreeing to the Amendment, HR4310 (2012-05-17): Agreed to
• House roll call 268 (2012): On Agreeing to the Amendment, HR4310 (2012-05-17): Failed
• House roll call 269 (2012): On Agreeing to the Amendment, HR4310 (2012-05-17): Failed
• House roll call 270 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Failed
• House roll call 271 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Agreed to
• House roll call 272 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Failed
• House roll call 273 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Failed
• House roll call 274 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Failed
• House roll call 275 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Failed
• House roll call 276 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Agreed to
• House roll call 277 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Failed
• House roll call 278 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Failed
• House roll call 279 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Failed
• House roll call 280 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Agreed to
• House roll call 281 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Agreed to
• House roll call 282 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Failed
• House roll call 283 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Agreed to
• House roll call 284 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Agreed to
• House roll call 285 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Failed
• House roll call 286 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Agreed to
• House roll call 287 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Failed
• House roll call 288 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Agreed to
• House roll call 289 (2012): On Agreeing to the Amendment, HR4310 (2012-05-18): Agreed to
• House roll call 290 (2012): On Motion to Recommit with Instructions, HR4310 (2012-05-18): Failed
• House roll call 291 (2012): On Passage, HR4310 (2012-05-18): Passed
• House roll call 624 (2012): On Motion to Instruct Conferees, HR4310 (2012-12-13): Passed
• House roll call 625 (2012): On Motion to Permit Closed Conference Meetings, HR4310 (2012-12-13): Passed
• House roll call 645 (2012): On Agreeing to the Conference Report, HR4310 (2012-12-20): Passed
• Senate vote 229 (2012): On the Conference Report, HR4310 (2012-12-21): Conference Report Agreed to

Sources

• Congressional Research Service summary (Public Law)
• Congress.gov
• Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-112hr4310.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/112/hr>

Record fed-us-cong112-hr4310 · catalog fed-us-congress-bills-cong112 · updated 2026-11-15 by psicol fed-bills-cong112