515 
† HR 4310 PP
Huawei Industries, this competitive position stems in 
part from inappropriate government subsidies and 
other forms of assistance. 
(4) Some of these companies also present clear 
cybersecurity supply chain risks that the Government 
must address. 
(5) The Committee on Foreign Investment in the 
United States has blocked the attempt by Huawei to 
acquire United States technology firms on two occa-
sions and the National Security Agency and the Sec-
retary of Commerce have advised two major United 
States telecommunications carriers against selecting 
Huawei as a supplier. 
(6) The Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383) 
provided authority and mechanisms for the Secretary 
of Defense to control these supply chain risks, but 
only for National Security Systems, leaving many in-
formation technology systems and missions exposed to 
supply chain risks. 
(7) Blocking sales from providers of information 
technology systems and services due to concerns about 
cybersecurity risks, while maintaining our commit-
ment to free trade and fair and transparent competi-
tion, poses difficult policy challenges. 
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00515
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
516 
† HR 4310 PP
(b) SENSE OF SENATE.—It is the sense of the Senate 
that the Department of Defense— 
(1) must ensure it maintains full visibility and 
adequate control of its supply chain, including sub-
contractors, in order to mitigate supply chain exploi-
tation; and 
(2) needs the authority and capability to miti-
gate supply chain risks to its information technology 
systems that fall outside the scope of National Secu-
rity Systems. 
SEC. 935. SENSE OF CONGRESS ON THE UNITED STATES 
CYBER COMMAND. 
(a) FINDINGS.—Congress makes the following findings: 
(1) On June 23, 2009, the Secretary of Defense 
directed the Commander of the United States Stra-
tegic Command to establish the United States Cyber 
Command, which became operational on May 21, 
2010, and operates as a sub-unified command subor-
dinate to the United States Strategic Command. 
(2) In May 2012, media reports indicated that 
General Martin Dempsey, the Chairman of the Joint 
Chiefs of Staff, planned to recommend to Secretary of 
Defense Leon Panetta that the two-year-old United 
States Cyber Command be elevated to full combatant 
command status. 
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00516
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
517 
† HR 4310 PP
(3) On August 14, 2012, General Keith Alex-
ander, the Commander of the United States Cyber 
Command and the Director of the National Security 
Agency, addressed the TechNet Land Forces conference 
and stated that ‘‘[i]n 2007 we drafted . . . a paper 
. . . about establishing a Cyber Command . . . [which 
concluded that] . . . the most logical is to set it up 
as a sub unified and grow it to a unified, and I think 
that’s the process that we’re going to work our way 
through’’. 
(4) On October 11, 2012, Secretary of Defense 
Leon Panetta discussed cybersecurity in a speech to 
the Business Executives for National Security in New 
York, New York, specifically calling for a strength-
ening of the United States Cyber Command and stat-
ing that the Department of Defense ‘‘must ensure that 
[the United States Cyber Command] has the re-
sources, that it has the authorities, that it has the ca-
pabilities required to perform this growing mission. 
And it must also be able to react quickly to events un-
folding in cyberspace and help fully integrate cyber 
into all of the department’s plans and activities.’’. 
(b) SENSE OF CONGRESS.—Congress— 
(1) recognizes the serious cyber threat to national 
security and the need to work both offensively and de-
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00517
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
518 
† HR 4310 PP
fensively to protect the Nation’s networks and critical 
infrastructure; 
(2) acknowledges the importance of the unified 
command structure of the Department in directing 
military operations in cyberspace and recognizes that 
a change in the status of the United States Cyber 
Command has Department-wide and national secu-
rity implications, which require careful consideration; 
(3) expects to be briefed and consulted about any 
proposal to elevate the United States Cyber Command 
to a unified command before a decision by the Sec-
retary make such a proposal to the President and to 
receive, at a minimum— 
(A) a clear statement of mission and related 
legal definitions; 
(B) an outline of the specific national secu-
rity benefits of elevating the sub-unified United 
States Cyber Command to a unified command; 
(C) an estimate of the cost of creating a 
unified United States Cyber Command and a 
justification of the expenditure; and 
(D) if the Secretary considers it advisable to 
continue the designation of the Commander of 
the United States Cyber Command as also being 
the Director of the National Security Agency— 
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00518
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
519 
† HR 4310 PP
(i) an explanation of how a single in-
dividual could serve as a commander of a 
combatant command that conducts overt, al-
beit clandestine, cyber operations under title 
10, United States Code, as well as the direc-
tor of an intelligence agency that conducts 
covert cyber operations under the National 
Security Act of 1947 (50 U.S.C. 401 et seq.) 
in a manner that affords deniability to the 
United States; and 
(ii) a statement of whether the Sec-
retary believes it is appropriate either to 
appoint a line officer as the Director of the 
National Security Agency or to take the un-
precedented step of appointing an intel-
ligence officer as a unified commander; and 
(4) believes that appropriate policy foundations 
and standing rules of engagement must be in place 
before any decision to create a unified United States 
Cyber Command. 
SEC. 936. REPORTS TO DEPARTMENT OF DEFENSE ON PEN-
ETRATIONS OF NETWORKS AND INFORMA-
TION SYSTEMS OF CERTAIN CONTRACTORS. 
(a) PROCESS FOR REPORTING PENETRATIONS.—The 
Under Secretary of Defense for Intelligence shall, in coordi-
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00519
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
521 
† HR 4310 PP
(1) RAPID REPORTING.—The process required by 
subsection (a) shall provide for rapid reporting by 
contractors of successful penetrations of designated 
network or information systems. 
(2) REPORT ELEMENTS.—The report by a con-
tractor on a successful penetration of a designated 
network or information system under the process shall 
include the following: 
(A) A description of the technique or meth-
od used in the penetration. 
(B) A sample of the malicious software, if 
discovered and isolated by the contractor. 
(3) ACCESS.—The process shall include mecha-
nisms by which Department of Defense personnel 
may, upon request, obtain access to equipment or in-
formation of a contractor necessary to conduct a fo-
rensic analysis to determine whether information cre-
ated by or for the Department in connection with any 
Department program was successfully exfiltrated from 
a network or information system of the contractor 
and, if so, what information was exfiltrated. 
(4) LIMITATION ON DISSEMINATION OF CERTAIN 
INFORMATION.—The process shall prohibit the dis-
semination outside the Department of Defense of in-
formation obtained or derived through the process 
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00521
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
522 
† HR 4310 PP
that is not created by or for the Department except 
with the approval of the contractor providing such in-
formation. 
(e) CLEARED DEFENSE CONTRACTOR DEFINED.—In 
this section, the term ‘‘cleared defense contractor’’ means a 
private entity granted clearance by the Defense Security 
Service to receive and store classified information for the 
purpose of bidding for a contract or conducting activities 
under a contract with the Department of Defense. 
Subtitle D—Other Matters 
SEC. 941. NATIONAL LANGUAGE SERVICE CORPS. 
(a) AUTHORITY TO ESTABLISH.—The David L. Boren 
National Security Education Act of 1991 (50 U.S.C. 1901 
et seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. 
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense 
may establish and maintain within the Department of De-
fense a National Language Service Corps (in this section 
referred to as the ‘Corps’). 
‘‘(2) The purpose of the Corps is to provide a pool of 
personnel with foreign language skills who, as provided in 
regulations prescribed under this section, agree to provide 
foreign language services to the Department of Defense or 
another department or agency of the United States. 
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00522
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
523 
† HR 4310 PP
‘‘(b) NATIONAL SECURITY EDUCATION BOARD.—If the 
Corps is established, the Secretary shall provide for the Na-
tional Security Education Board to oversee and coordinate 
the activities of the Corps to such extent and in such man-
ner as determined by the Secretary under paragraph (9) 
of section 803(d). 
‘‘(c) MEMBERSHIP.—To be eligible for membership in 
the Corps, a person must be a citizen of the United States 
authorized by law to be employed in the United States, have 
attained the age of 18 years, and possess such foreign lan-
guage skills as the Secretary considers appropriate for 
membership in the Corps. Members of the Corps may in-
clude employees of the Federal Government and of State 
and local governments. 
‘‘(d) TRAINING.—The Secretary may provide members 
of the Corps such training as the Secretary prescribes for 
purposes of this section. 
‘‘(e) SERVICE.—Upon a determination that it is in the 
national interests of the United States, the Secretary shall 
call upon members of the Corps to provide foreign language 
services to the Department of Defense or another department 
or agency of the United States. 
‘‘(f) FUNDING.—The Secretary may impose fees, in 
amounts up to full-cost recovery, for language services and 
technical assistance rendered by members of the Corps. 
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00523
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
524 
† HR 4310 PP
Amounts of fees received under this section shall be credited 
to the account of the Department providing funds for any 
costs incurred by the Department in connection with the 
Corps. Amounts so credited to such account shall be merged 
with amounts in such account, and shall be available to 
the same extent, and subject to the same conditions and lim-
itations, as amounts in such account. Any amounts so cred-
ited shall remain available until expended.’’. 
(b) NATIONAL SECURITY EDUCATION BOARD MAT-
TERS.— 
(1) COMPOSITION.—Subsection (b) of section 803 
of such Act (50 U.S.C. 1903) is amended— 
(A) by striking paragraph (5); 
(B) by redesignating paragraphs (6) and 
(7) as paragraphs (8) and (9), respectively; and 
(C) by inserting after paragraph (4) the fol-
lowing new paragraphs: 
‘‘(5) The Secretary of Homeland Security. 
‘‘(6) The Secretary of Energy. 
‘‘(7) The Director of National Intelligence.’’. 
(2) FUNCTIONS.—Subsection (d) of such section 
is amended by adding at the end the following new 
paragraph: 
‘‘(9) To the extent provided by the Secretary of 
Defense, oversee and coordinate the activities of the 
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00524
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
525 
† HR 4310 PP
National Language Service Corps under section 813, 
including— 
‘‘(A) identifying and assessing on a peri-
odic basis the needs of the departments and agen-
cies of the Federal Government for personnel 
with skills in various foreign languages; 
‘‘(B) establishing plans to address foreign 
language shortfalls and requirements of the de-
partments and agencies of the Federal Govern-
ment; 
‘‘(C) recommending effective ways to in-
crease public awareness of the need for foreign 
languages skills and career paths in the Federal 
government that use those skills; 
‘‘(D) coordinating activities with Executive 
agencies and State and Local governments to de-
velop interagency plans and agreements to ad-
dress overall foreign language shortfalls and to 
utilize personnel to address the various types of 
crises that warrant foreign language skills; and 
‘‘(E) proposing to the Secretary regulations 
to carry out section 813.’’. 
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00525
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
526 
† HR 4310 PP
SEC. 942. REPORT ON EDUCATION AND TRAINING AND PRO-
MOTION RATES FOR PILOTS OF REMOTELY PI-
LOTED AIRCRAFT. 
(a) REPORT REQUIRED.—Not later than January 31, 
2013, the Secretary of the Air Force and the Chief of Staff 
of the Air Force shall jointly submit to the congressional 
defense committees a report on education and training and 
promotion rates for Air Force pilots of remotely piloted air-
craft (RPA). 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A detailed analysis of the reasons for persist-
ently lower average education and training and pro-
motion rates for Air Force pilots of remotely piloted 
aircraft. 
(2) An assessment of the long-term impact on the 
Air Force of the sustainment of such lower rates 
(3) A plan to raise such rates, including— 
(A) a description of the near-term and 
longer-term actions the Air Force intends to un-
dertake to implement the plan; and 
(B) an analysis of the potential direct and 
indirect impacts of the plan on the achievement 
and sustainment of the combat air patrol objec-
tives of the Air Force for remotely piloted air-
craft. 
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00526
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
527 
† HR 4310 PP
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2013 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that the 
Secretary may transfer under the authority of this 
section may not exceed $5,000,000,000. 
(3) EXCEPTION FOR TRANSFERS BETWEEN MILI-
TARY
PERSONNEL
AUTHORIZATIONS.—A transfer of 
funds between military personnel authorizations 
under title IV shall not be counted toward the dollar 
limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations— 
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00527
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with
528 
† HR 4310 PP
(1) may only be used to provide authority for 
items that have a higher priority than the items from 
which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority 
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred 
by an amount equal to the amount transferred. 
(d) NOTICE
TO
CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under sub-
section (a). 
SEC. 1002. AUTHORITY TO TRANSFER FUNDS TO THE NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION TO SUSTAIN NUCLEAR WEAPONS MOD-
ERNIZATION. 
(a) TRANSFER AUTHORIZED.—If the amount author-
ized to be appropriated for the weapons activities of the Na-
tional Nuclear Security Administration for fiscal year 2013 
in section 3101 is less than $7,900,000,000 (the amount 
projected to be required for such activities in fiscal year 
2013 as specified in the report under section 1251 of the 
National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2549)), the Secretary of De-
VerDate Mar 15 2010 
01:32 Dec 07, 2012
Jkt 029200
PO 00000
Frm 00528
Fmt 6652
Sfmt 6203
E:\SENENR\H4310.PP
H4310
rfrederick on DSK6VPTVN1PROD with