H. R. 4310—391 
(3) UNITED
STATES
MUNITIONS
LIST.—The term ‘‘United 
States Munitions List’’ means the list referred to in section 
38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)). 
Subtitle F—Other Matters 
SEC. 1271. ADDITIONAL ELEMENTS IN ANNUAL REPORT ON MILITARY 
AND SECURITY DEVELOPMENTS INVOLVING THE PEO-
PLE’S REPUBLIC OF CHINA. 
Section 1202(b) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note) is 
amended— 
(1) by amending paragraph (9) to read as follows: 
‘‘(9) Developments in China’s asymmetric capabilities, 
including its strategy and efforts to develop and deploy 
cyberwarfare and electronic warfare capabilities, details on the 
number of malicious cyber incidents originating from China 
against Department of Defense infrastructure, and associated 
activities originating or suspected of originating from China.’’; 
(2) by redesignating paragraphs (10), (11),and (12) as para-
graphs (15), (16), and (17) respectively; 
(3) by inserting after paragraph (9) the following new para-
graphs: 
‘‘(10) The strategy and capabilities of Chinese space and 
counterspace programs, including trends, global and regional 
activities, the involvement of military and civilian organiza-
tions, including state-owned enterprises, academic institutions, 
and commercial entities, and efforts to develop, acquire, or 
gain access to advanced technologies that would enhance Chi-
nese military capabilities. 
‘‘(11) Developments in China’s nuclear program, including 
the size and state of China’s stockpile, its nuclear strategy 
and associated doctrines, its civil and military production capac-
ities, and projections of its future arsenals. 
‘‘(12) A description of China’s anti-access and area denial 
capabilities. 
‘‘(13) A description of China’s command, control, commu-
nications, computers, intelligence, surveillance, and reconnais-
sance modernization program and its applications for China’s 
precision guided weapons. 
‘‘(14) A description of the roles and activities of the People’s 
Liberation Army Navy and those of China’s paramilitary and 
maritime law enforcement vessels, including their response to 
United States naval activities.’’; and 
(4) by adding after paragraph (17), as redesignated by 
paragraph (2) of this section, the following new paragraphs: 
‘‘(18) A description of Chinese military-to-military relation-
ships with other countries, including the size and activity of 
military attache offices around the world and military education 
programs conducted in China for other countries or in other 
countries for the Chinese. 
‘‘(19) A description of any significant sale or transfer of 
military hardware, expertise, and technology to or from the 
People’s Republic of China, including a forecast of possible 
future sales and transfers, a description of the implications 
of those sales and transfers for the security of the United
H. R. 4310—392 
States and its partners and allies in Asia, and a description 
of any significant assistance to and from any selling state 
with military-related research and development programs in 
China.’’. 
SEC. 1272. NATO SPECIAL OPERATIONS HEADQUARTERS. 
(a) IN GENERAL.—Subsection (a) of section 1244 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2541), as amended by section 1242 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111–383; 124 Stat. 4405), is further amended— 
(1) by striking ‘‘fiscal year 2011’’ and inserting ‘‘each of 
fiscal years 2013, 2014, and 2015’’; 
(2) by striking ‘‘section 301(1)’’ and inserting ‘‘section 301’’; 
and 
(3) by inserting ‘‘for such fiscal year’’ after ‘‘$50,000,000’’. 
(b) ANNUAL REPORT.—Such section, as so amended, is further 
amended by adding at the end the following: 
‘‘(d) ANNUAL REPORT.—Not later than March 1 of each year, 
the Secretary of Defense shall submit to the congressional defense 
committees a report regarding support for the NSHQ. Each report 
shall include the following: 
‘‘(1) The total amount of funding provided by the United 
States and other NATO nations to the NSHQ for operating 
costs of the NSHQ. 
‘‘(2) A description of the activities carried out with such 
funding, including— 
‘‘(A) the amount of funding allocated for each such 
activity; 
‘‘(B) the extent to which other NATO nations partici-
pate in each such activity; 
‘‘(C) the extent to which each such activity is designed 
to meet the purposes set forth in paragraphs (1) through 
(5) of subsection (b); and 
‘‘(D) an assessment of the extent to which each such 
activity will promote the mission of the NSHQ. 
‘‘(3) Other contributions, financial or in kind, provided by 
the United States and other NATO nations in support of the 
NSHQ. 
‘‘(4) Any other matters that the Secretary of Defense con-
siders appropriate.’’. 
SEC. 1273. SUSTAINABILITY REQUIREMENTS FOR CERTAIN CAPITAL 
PROJECTS IN CONNECTION WITH OVERSEAS CONTIN-
GENCY OPERATIONS. 
(a) LIMITATION.— 
(1) IN GENERAL.—Commencing 60 days after the date of 
the enactment of this Act— 
(A) amounts authorized to be appropriated for the 
Department of Defense may not be obligated or expended 
for a capital project described in subsection (b) unless the 
Secretary of Defense, in consultation with the United States 
commander of military operations in the country in which 
the project will be carried out, completes an assessment 
on the necessity and sustainability of the project; 
(B) amounts authorized to be appropriated for the 
Department of State may not be obligated or expended 
for a capital project described in subsection (b) unless the
H. R. 4310—393 
Secretary of State, in consultation with the Chief of Mission 
in the country in which the project will be carried out, 
completes an assessment on the necessity and sustain-
ability of the project; and 
(C) amounts authorized to be appropriated for the 
United States Agency for International Development may 
not be obligated or expended for a capital project described 
in subsection (b) unless the Administrator of the United 
States Agency for International Development, in consulta-
tion with the Mission Director and the Chief of Mission 
in the country in which the project will be carried out, 
completes an assessment on the necessity and sustain-
ability of the project. 
(2) ELEMENTS.—Each assessment on a capital project under 
this subsection shall include, but not be limited to, the fol-
lowing: 
(A) An estimate of the total cost of the completed 
project to the United States. 
(B) An estimate of the financial and other requirements 
necessary for the host government to sustain the project 
on an annual basis after completion of the project. 
(C) An assessment whether the host government has 
the capacity (in both financial and human resources) to 
maintain and use the project after completion. 
(D) A description of any arrangements for the 
sustainment of the project following its completion if the 
host government lacks the capacity (in financial or human 
resources) to maintain the project. 
(E) An assessment whether the host government has 
requested or expressed its need for the project, and an 
explanation of the decision to proceed with the project 
absent such request or need. 
(F) An assessment by the Secretary of Defense, where 
applicable, of the effect of the project on the military mis-
sion of the United States in the country concerned. 
(b) COVERED CAPITAL PROJECTS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), a 
capital project described in this subsection is any capital project 
overseas for an overseas contingency operation for the benefit 
of a host country and funded by the Department of Defense, 
the Department of State, or the United States Agency for 
International Development, as applicable, if the capital 
project— 
(A) in the case of a project that directly supports 
building the capacity of indigenous security forces in the 
host country, has an estimated value in excess of 
$10,000,000; 
(B) in the case of any project not covered by subpara-
graph (A) that is to be funded by the Department of State 
or the United States Agency for International Development, 
has an estimated value in excess of $5,000,000; or 
(C) in the case of any other project, has an estimated 
value in excess of $2,000,000. 
(2) EXCLUSION.—A capital project described in this sub-
section does not include any project for military construction 
(as that term is defined in section 114(b) of title 10, United
H. R. 4310—394 
States Code) or a military family housing project under section 
2821 of such title. 
(c) WAIVER.—The Secretary of Defense, the Secretary of State, 
or the Administrator of the United States Agency for International 
Development, as applicable, may waive the limitation in subsection 
(a) in order to initiate a capital project if such Secretary or the 
Administrator, as the case may be, determines that the project 
is in the national security, diplomatic, or humanitarian interests 
of the United States. In the first report submitted under subsection 
(d) after any waiver under this subsection, such Secretary or the 
Administrator shall include a detailed justification of such waiver. 
Not later than 90 days after issuing a waiver under this subsection, 
such Secretary or the Administrator shall submit to the appropriate 
committees of Congress the assessment described in subsection 
(a) with respect to the capital project concerned. 
(d) SEMI-ANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than 30 days after the end 
of any fiscal-year half-year in which the Secretary of Defense, 
the Secretary of State, or the Administrator of the United 
States Agency for International Development conducts an 
assessment under subsection (a), such Secretary or the 
Administrator, as the case may be, shall submit to the appro-
priate committees of Congress a report setting forth each 
assessment so conducted during such fiscal-year half-year, 
including the elements of each capital project so assessed speci-
fied in subsection (a)(2). 
(2) ADDITIONAL ELEMENTS.—In addition to the matters pro-
vided for in paragraph (1), each report under that paragraph 
shall include the following: 
(A) For each capital project covered by such report, 
an evaluation (other than by amount of funds expended) 
of the effectiveness of such project, including, at a min-
imum, the following: 
(i) The stated goals of the project. 
(ii) The actions taken to assess and verify whether 
the project has met the stated goals of the project 
or is on track to meet such goals when completed. 
(iii) The current and anticipated levels of involve-
ment of local governments, communities, and individ-
uals in the project. 
(B) For each country or region in which a capital 
project covered by such report is being carried out, an 
assessment of the current and anticipated risks of corrup-
tion or fraud in connection with such project. 
(3) FORM.—Each report shall be submitted in unclassified 
form, but may include a classified annex. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Relations, the Committee on Homeland Security 
and Governmental Affairs, and the Committee on Appro-
priations of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, the Committee on Oversight and 
Government Reform, and the Committee on Appropriations 
of the House of Representatives.
H. R. 4310—395 
(2) The term ‘‘capital project’’ has the meaning given that 
term in section 308 of the Aid, Trade, and Competitiveness 
Act of 1992 (22 U.S.C. 2421e). 
(3) The term ‘‘overseas contingency operation’’ means a 
military operation outside the United States and its territories 
and possessions that is a contingency operation (as that term 
is defined in section 101(a)(13) of title 10, United States Code). 
SEC. 1274. ADMINISTRATION OF THE AMERICAN, BRITISH, CANADIAN, 
AND AUSTRALIAN ARMIES’ PROGRAM. 
(a) AUTHORITY.—As part of the participation by the United 
States in the land-force program known as the American, British, 
Canadian, and Australian Armies’ Program (in this section referred 
to as the ‘‘Program’’), the Secretary of Defense may, with the concur-
rence of the Secretary of State, enter into agreements with the 
other participating countries in accordance with this section, and 
the Program shall be managed pursuant to a joint agreement among 
the participating countries. 
(b) PARTICIPATING
COUNTRIES.—In addition to the United 
States, the countries participating in the Program are the following: 
(1) Australia. 
(2) Canada. 
(3) New Zealand. 
(4) The United Kingdom. 
(c) CONTRIBUTIONS BY PARTICIPANTS.— 
(1) IN GENERAL.—An agreement under subsection (a) shall 
provide that each participating country shall contribute to the 
Program— 
(A) its equitable share of the full cost for the Program, 
including the full cost of overhead and administrative costs 
related to the Program; and 
(B) any amount allocated to it in accordance with the 
agreement for the cost for monetary claims asserted against 
any participating country as a result of participation in 
the Program. 
(2) ADDITIONAL
AUTHORIZED
CONTRIBUTION.—Such an 
agreement shall also provide that each participating country 
(including the United States) may provide its contribution for 
its equitable share under the agreement in funds, in personal 
property, or in services required for the Program (or in any 
combination thereof). 
(3) FUNDING FOR UNITED STATES CONTRIBUTION.—Any con-
tribution by the United States to the Program that is provided 
in funds shall be made from funds available to the Department 
of Defense for operation and maintenance. 
(4) TREATMENT OF CONTRIBUTIONS RECEIVED FROM OTHER 
COUNTRIES.—Any contribution received by the United States 
from another participating country to meet that country’s share 
of the costs of the Program shall be credited to appropriations 
available to the Department of Defense, as determined by the 
Secretary of Defense. The amount of a contribution credited 
to an appropriation account in connection with the Program 
shall be available only for payment of the share of the Program 
expenses allocated to the participating country making the 
contribution. Amounts so credited shall be available for the 
following purposes:
H. R. 4310—396 
(A) Payments to contractors and other suppliers 
(including the Department of Defense and participating 
countries acting as suppliers) for necessary goods and serv-
ices of the Program. 
(B) Payments for any damages and costs resulting 
from the performance or cancellation of any contract or 
other obligation in support of the Program. 
(C) Payments for any monetary claim against a partici-
pating country as a result of the participation of that 
country in the Program. 
(D) Payments or reimbursements of other Program 
expenses, including overhead and administrative costs for 
any administrative office for the Program. 
(E) Refunds to other participating countries. 
(5) COSTS OF OPERATION OF OFFICES ESTABLISHED FOR PRO-
GRAM.—Costs for the operation of any office established to 
carry out the Program shall be borne jointly by the participating 
countries as provided for in an agreement referred to in sub-
section (a). 
(d) AUTHORITY TO CONTRACT FOR PROGRAM ACTIVITIES.—As 
part of the participation by the United States in the Program, 
the Secretary of Defense may enter into contracts or incur other 
obligations on behalf of the other participating countries for activi-
ties under the Program. Any payment for such a contract or other 
obligation under this subsection may be paid only from contributions 
credited to an appropriation under subsection (c)(4). 
(e) DISPOSAL OF PROPERTY.—As part of the participation by 
the United States in the Program, the Secretary of Defense may, 
with respect to any property that is jointly acquired by the countries 
participating in the Program, agree to the disposal of the property 
without regard to any law of the United States that is otherwise 
applicable to the disposal of property owned by the United States. 
Such disposal may include the transfer of the interest of the United 
States in the property to one or more of the other participating 
countries or the sale of the property. Reimbursement for the value 
of the property disposed of (including the value of the interest 
of the United States in the property) shall be made in accordance 
with an agreement under subsection (a). 
(f) REPORTS.—Not later than 60 days before the expiration 
date of any agreement under subsection (a), the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the activities, costs, 
and accomplishments of the Program during the five-year period 
ending on the date of such report. 
(g) SUNSET.—Any agreement entered into by the United States 
with another country under subsection (a), and United States 
participation in the joint agreement described in that subsection, 
shall expire not later than five years after the date of the enactment 
of this Act. 
SEC. 1275. UNITED STATES PARTICIPATION IN HEADQUARTERS 
EUROCORPS. 
(a) PARTICIPATION AUTHORIZED.—The Secretary of Defense may, 
with the concurrence of the Secretary of State, authorize the partici-
pation of members of the Armed Forces as members of the staff 
of Headquarters Eurocorps for the purpose of supporting the North
H. R. 4310—397 
Atlantic Treaty Organization (NATO) activities of the NATO Rapid 
Deployable Corps Eurocorps. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) REQUIREMENT.—The participation of members of the 
Armed Forces as members of the staff of Headquarters 
Eurocorps shall be in accordance with the terms of one or 
more memoranda of understanding entered into by the Sec-
retary of Defense, with the concurrence of the Secretary of 
State, and Headquarters Eurocorps. 
(2) COST-SHARING
ARRANGEMENTS.—If Department of 
Defense facilities, equipment, or funds are used to support 
Headquarters Eurocorps, the memoranda of understanding 
under paragraph (1) shall provide details of any cost-sharing 
arrangement or other funding arrangement. 
(c) LIMITATION
ON NUMBER
OF MEMBERS PARTICIPATING
AS 
STAFF.—Not more than two members of the Armed Forces may 
participate as members of the staff of Headquarters Eurocorps, 
until the Secretary of Defense submits to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
setting forth the following: 
(1) A certification by the Secretary of Defense that the 
participation of more than two members of the Armed Forces 
in Headquarters Eurocorps is in the national interests of the 
United States. 
(2) A description of the benefits of the participation of 
the additional members proposed by the Secretary. 
(3) A description of the plans for the participation of the 
additional members proposed by the Secretary, including the 
grades and posts to be filled. 
(4) A description of the costs associated with the participa-
tion of the additional members proposed by the Secretary. 
(d) NOTICE ON PARTICIPATION OF NUMBER OF MEMBERS ABOVE 
CERTAIN CEILING.—Not more than 10 members of the Armed Forces 
may participate as members of the staff of Headquarters Eurocorps 
unless the Secretary of Defense submits to the Committees on 
Armed Services of the Senate and the House of Representatives 
a notice that the number of members so participating will exceed 
10 members. 
(e) AVAILABILITY OF APPROPRIATED FUNDS.— 
(1) AVAILABILITY.—Funds appropriated to the Department 
of Defense for operation and maintenance are available as 
follows: 
(A) To pay the United States’ share of the operating 
expenses of Headquarters Eurocorps. 
(B) To pay the costs of the participation of members 
of the Armed Forces participating as members of the staff 
of Headquarters Eurocorps, including the costs of expenses 
of such participants. 
(2) LIMITATION.—No funds may be used under this section 
to fund the pay or salaries of members of the Armed Forces 
who participate as members of the staff of the Headquarters, 
North Atlantic Treaty Organization (NATO) Rapid Deployable 
Corps under this section. 
(f) HEADQUARTERS EUROCORPS DEFINED.—In this section, the 
term ‘‘Headquarters Eurocorps’’ refers to the multinational military 
headquarters, established on October 1, 1993, which is one of the
H. R. 4310—398 
High Readiness Forces (Land) associated with the Allied Rapid 
Reaction Corps of NATO. 
SEC. 1276. DEPARTMENT OF DEFENSE PARTICIPATION IN EUROPEAN 
PROGRAM 
ON 
MULTILATERAL 
EXCHANGE 
OF 
AIR 
TRANSPORTATION AND AIR REFUELING SERVICES. 
(a) PARTICIPATION AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense may, with the 
concurrence of the Secretary of State, authorize the participa-
tion of the United States in the Air Transport, Air-to-Air 
Refueling and other Exchanges of Services program (in this 
section referred to as the ‘‘ATARES program’’) of the Movement 
Coordination Centre Europe. 
(2) SCOPE OF PARTICIPATION.—Participation in the ATARES 
program under paragraph (1) shall be limited to the reciprocal 
exchange or transfer of air transportation and air refueling 
services on a reimbursable basis or by replacement-in-kind 
or the exchange of air transportation or air refueling services 
of an equal value. 
(3) LIMITATIONS.—The United States’ balance of executed 
flight hours, whether as credits or debits, in participation in 
the ATARES program under paragraph (1) may not exceed 
500 hours. The United States’ balance of executed flight hours 
for air refueling in the ATARES program under paragraph 
(1) may not exceed 200 hours. 
(b) WRITTEN ARRANGEMENT OR AGREEMENT.— 
(1) ARRANGEMENT OR AGREEMENT REQUIRED.—The partici-
pation of the United States in the ATARES program under 
subsection (a) shall be in accordance with a written arrange-
ment or agreement entered into by the Secretary of Defense, 
with the concurrence of the Secretary of State, and the Move-
ment Coordination Centre Europe. 
(2) FUNDING ARRANGEMENTS.—If Department of Defense 
facilities, equipment, or funds are used to support the ATARES 
program, the written arrangement or agreement under para-
graph (1) shall specify the details of any equitable cost sharing 
or other funding arrangement. 
(3) OTHER ELEMENTS.—Any written arrangement or agree-
ment entered into under paragraph (1) shall require that any 
accrued credits and liabilities resulting from an unequal 
exchange or transfer of air transportation or air refueling serv-
ices shall be liquidated, not less than once every five years, 
through the ATARES program. 
(c) IMPLEMENTATION.—In carrying out any written arrangement 
or agreement entered into under subsection (b), the Secretary of 
Defense may— 
(1) pay the United States’ equitable share of the operating 
expenses of the Movement Coordination Centre Europe and 
the ATARES consortium from funds available to the Depart-
ment of Defense for operation and maintenance; and 
(2) assign members of the Armed Forces or Department 
of Defense civilian personnel, from among members and per-
sonnel within billets authorized for the United States European 
Command, to duty at the Movement Coordination Centre 
Europe as necessary to fulfill the United States’ obligations 
under that arrangement or agreement.
H. R. 4310—399 
(d) CREDITING
OF RECEIPTS.—Any amount received by the 
United States in carrying out a written arrangement or agreement 
entered into under subsection (b) shall be credited, as elected by 
the Secretary of Defense, to the following: 
(1) The appropriation, fund, or account used in incurring 
the obligation for which such amount is received. 
(2) An appropriation, fund, or account currently available 
for the purposes for which such obligation was made. 
(e) ANNUAL SECRETARY OF DEFENSE REPORTS.—Not later than 
30 days after the end of each fiscal year in which the authority 
provided by this section is in effect, the Secretary of Defense shall 
submit to the congressional defense committees a report on United 
States participation in the ATARES program during such fiscal 
year. Each report shall include the following: 
(1) The United States balance of executed flight hours 
at the end of the fiscal year covered by such report. 
(2) The types of services exchanged or transferred during 
the fiscal year covered by such report. 
(3) A description of any United States costs under the 
written arrangement or agreement under subsection (b)(1) in 
connection with the use of Department of Defense facilities, 
equipment, or funds to support the ATARES program under 
that subsection as provided by subsection (b)(2). 
(4) A description of the United States’ equitable share 
of the operating expenses of the Movement Coordination Centre 
Europe and the ATARES consortium paid under subsection 
(c)(1). 
(5) A description of any amounts received by the United 
States in carrying out a written arrangement or agreement 
entered into under subsection (b). 
(f) COMPTROLLER GENERAL OF UNITED STATES REPORT.—Not 
later than one year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
congressional defense committees a report on the ATARES program. 
The report shall set forth the assessment of the Comptroller General 
of the program, including the types of services available under 
the program, whether the program is achieving its intended pur-
poses, and, on the basis of actual cost data from the performance 
of the program, the cost-effectiveness of the program. 
(g) EXPIRATION.—The authority provided by this section to 
participate in the ATARES program shall expire five years after 
the date on which the Secretary of Defense first enters into a 
written arrangement or agreement under subsection (b). The Sec-
retary shall publish notice of such date on a public website of 
the Department of Defense. 
SEC. 1277. PROHIBITION ON USE OF FUNDS TO ENTER INTO CON-
TRACTS OR AGREEMENTS WITH ROSOBORONEXPORT. 
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act may be used to enter into a contract, memo-
randum of understanding, or cooperative agreement with, to make 
a grant to, or to provide a loan or loan guarantee to 
Rosoboronexport. 
(b) NATIONAL SECURITY WAIVER AUTHORITY.—The Secretary 
of Defense may waive the applicability of subsection (a) if the 
Secretary determines that such a waiver is in the national security 
interests of the United States.