480 
velop these options for further reductions, we need to 
consider several factors, such as potential changes in 
targeting requirements and alert postures that are re-
quired for effective deterrence.’’. 
(b) CHANGES TO STRATEGY.—The President may not 
make any changes to the nuclear employment strategy of 
the United States unless— 
(1) the President submits to the appropriate con-
gressional committees a report on such proposed 
changes, including— 
(A) the implication of such changes on the 
flexibility and resilience of the strategic forces of 
the United States and the ability of such forces 
to support the goals of the United States with re-
spect to nuclear deterrence, extended deterrence, 
assurance, and defense; 
(B) certification that such proposed changes 
do not require a change in targeting strategy 
from counterforce targeting to countervalue tar-
geting; and 
(C) certification that such proposed changes 
preserve the nuclear force structure triad com-
posed of land-based intercontinental ballistic 
missiles, submarine-launched ballistic missiles, 
and strategic bomber aircraft; and 
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(2) a period of 90 days has elapsed after the date 
on which such report under paragraph (1) is sub-
mitted. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘‘appropriate congressional commit-
tees’’ means— 
(1) the congressional defense committees; and 
(2) the Committee on Foreign Affairs of the 
House of Representatives and the Committee on For-
eign Relations of the Senate. 
SEC. 1057. COMPTROLLER GENERAL REPORT ON NUCLEAR 
WEAPON CAPABILITIES AND FORCE STRUC-
TURE REQUIREMENTS. 
(a) COMPTROLLER GENERAL STUDY REQUIRED.—The 
Comptroller General of the United States shall conduct a 
study on the strategic nuclear weapons capabilities, force 
structure, employment policy, and targeting requirements 
of the Department of Defense. 
(b) MATTERS COVERED.—The study conducted under 
subsection (a) shall, at minimum, cover the following: 
(1) An update to the September 1991 report of 
the Comptroller General (GAO/NSIAD-91-319FS) ti-
tled ‘‘Strategic Weapons: Nuclear Weapons Targeting 
Process’’ that addresses— 
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(A) the relationship between the strategic 
nuclear targeting process and the determination 
of requirements for nuclear weapons and related 
delivery systems; 
(B) the level of civilian oversight; 
(C) the categories and types of targets; and 
(D) any other matters addressed in such re-
port or are otherwise considered appropriate by 
the Comptroller General. 
(2) The process and rigor used to determine the 
effectiveness of nuclear weapons capabilities, force 
structures, employment policies, and targeting re-
quirements in achieving the goals of deterrence, ex-
tended deterrence, assurance, and defense. 
(3) An assessment of the requirements of the De-
partment of Defense for strategic nuclear bomber air-
craft and intercontinental ballistic missiles, including 
assessments of the extent to which the Secretary of De-
fense has— 
(A) determined the force structure and ca-
pability requirements for nuclear-capable stra-
tegic bomber aircraft, bomber-delivered nuclear 
weapons, and intercontinental ballistic missiles; 
(B) synchronized the requirements described 
in subparagraph (A) with plans to extend the 
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483 
service life of nuclear gravity bombs, nuclear- 
armed cruise missiles, and intercontinental bal-
listic missile warheads; and 
(C) evaluated long-term intercontinental 
ballistic missile alert posture requirements and 
basing options. 
(c) REPORTS.— 
(1) IN GENERAL.—The Comptroller General shall 
submit to the appropriate congressional committees 
one or more reports on the study conducted under 
subsection (a). 
(2) FORM.—Any report submitted under this 
subsection may be submitted in classified form, but if 
so submitted, an unclassified version shall also be sub-
mitted with such submission or at a later date. 
(d) COOPERATION.—The Secretary of Defense and Sec-
retary of Energy shall provide the Comptroller General full 
cooperation and access to appropriate officials and infor-
mation for the purposes of conducting this study under sub-
section (a). 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘‘appropriate congressional commit-
tees’’ means— 
(1) the congressional defense committees; and 
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484 
(2) the Committee on Foreign Affairs of the 
House of Representatives and the Committee on For-
eign Relations of the Senate. 
Subtitle F—Financial Management 
SEC. 1061. AMENDMENTS RELATING TO FINANCIAL MAN-
AGEMENT WORKFORCE. 
(a) AUTHORITY TO DEVELOP POLICIES AND PROCE-
DURES.—Section 1599d of title 10, United States Code, is 
amended— 
(1) by redesignating subsections (d) and (e) as 
(e) and (f), respectively; and 
(2) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d) POLICIES AND PROCEDURES.—Subject to the au-
thority, direction, and control of the Secretary of Defense, 
the Under Secretary of Defense for Personnel and Readi-
ness, in consultation with the Under Secretary of Defense 
(Comptroller) shall develop policies and procedures related 
to the financial management workforce in the Department 
of Defense.’’. 
(b) REVISION IN TERMINOLOGY.—Such section is fur-
ther amended— 
(1) in the section heading, by striking ‘‘Profes-
sional accounting’’ and inserting ‘‘Financial 
management’’; and 
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485 
(2) in subsection (a), by striking ‘‘professional 
accounting’’ and inserting ‘‘financial management’’. 
(c) REVISION IN DEFINITION.—Subsection (f) of such 
section (as so redesignated) is amended to read as follows: 
‘‘(f) DEFINITION.—In this section, the term ‘financial 
management position’ means a position or group of posi-
tions in the General Schedule 500 occupational series, 
which perform, supervise, or manage work of a fiscal, finan-
cial management, accounting, auditing, or budgetary na-
ture.’’. 
SEC. 1062. RELIABILITY OF DEPARTMENT OF DEFENSE FI-
NANCIAL STATEMENTS. 
Section 1008(c) of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 
1206; 10 U.S.C. 113 note) is amended by striking ‘‘Not later 
than October 31’’ and inserting ‘‘Not later than the date 
that is 180 days prior to the date set by the Office of Man-
agement and Budget for the submission of financial state-
ments’’. 
SEC. 1063. FINANCIAL MANAGEMENT PERSONNEL COM-
PETENCY ASSESSMENT. 
(a) IDENTIFICATION OF PERSONNEL AND SKILLS.— 
Within 60 days after the date of the enactment of this Act, 
the Chief Management Officer of the Department of Defense, 
in coordination with the Chief Management Officer of each 
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486 
military department, shall identify the number of financial 
management personnel and the financial and budgetary 
skills required— 
(1) to effectively perform financial and budg-
etary accounting, including reconciling fund balances 
with the Treasury; 
(2) to document processes and maintain internal 
controls for financial and budgetary accounting cy-
cles; and 
(3) to maintain professional certification stand-
ards. 
(b) COMPETENCY ASSESSMENT.— 
(1) GUIDANCE.—Within 120 days after the date 
of the enactment of this Act, the Under Secretary of 
Defense (Comptroller) and the Under Secretary of De-
fense for Personnel and Readiness shall issue joint 
guidance regarding the assessment of the competency 
of the Department of Defense financial management 
personnel to perform the financial and budgetary 
skills identified pursuant to subsection (a). 
(2) COMPETENCY
ASSESSMENT.—Following the 
issuance of the joint guidance required by paragraph 
(1), the Chief Management Officer of the Department 
of Defense, in the case of the Defense Finance and Ac-
counting Service or other Defense Agency, and the 
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487 
Chief Management Officers of the military depart-
ments, shall each conduct a competency assessment of 
the financial management personnel of the Defense 
Agencies and the military departments, respectively. 
(3) REPORTS AND CORRECTIVE ACTION PLANS.— 
Each Chief Management Officer shall prepare and 
submit to the Secretary Defense a report on each com-
petency assessment conducted, along with a corrective 
action plan for any skill gaps identified, within 180 
days after the date of the enactment of this Act. The 
report should include a corrective action plan for each 
skills gap identified, including— 
(A) near-term and longer-term measures for 
resolution; 
(B) assignment of responsibilities for correc-
tive action, and 
(C) establishment of milestones for com-
pleting corrective actions. 
(c) REPORT TO CONGRESS.—Not later than 270 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a report regarding the competency assessments and cor-
rective action plans of the Chief Management Officers. 
(d) LONG TERM MONITORING.—Each Chief Manage-
ment officer shall designate, and include in the report sub-
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488 
mitted to the Secretary under subsection (b)(3), the account-
able office to be involved in the corrective action process, 
including monitoring the progress in implementing correc-
tive actions and determining whether additional action is 
needed to expedite the corrective action process. 
(f) DEFINITION.—In this section, the term ‘‘financial 
management personnel’’ means— 
(1) civilian personnel in the General Schedule 
500 occupational series who perform, supervise, or 
manage work of a fiscal, financial management, ac-
counting, auditing, or budgetary nature; and 
(2) members of the Armed Forces who have a 
military occupational specialty involving duties simi-
lar to the duties of the civilian personnel referred to 
in paragraph (1) or who otherwise perform, supervise, 
or manage work of a fiscal, financial management, 
accounting, auditing, or budgetary nature. 
SEC. 1064. TRACKING IMPLEMENTATION OF DEPARTMENT 
OF DEFENSE EFFICIENCIES. 
(a) ANNUAL ASSESSMENTS.—For each of fiscal years 
2012 through 2016, the Comptroller General of the United 
States shall carry out an assessment of the extent to which 
the Department of Defense has tracked and realized the sav-
ings proposed pursuant to the initiative led by the Sec-
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489 
retary of Defense to identify at least $100,000,000,000 in 
efficiencies during fiscal years 2012 through 2016. 
(b) ANNUAL REPORT.—Not later than October 30 of 
each of 2012 through 2016, the Comptroller General shall 
submit to the congressional defense committees a report on 
the assessment carried out under subsection (a) for the fiscal 
year ending on September 30 of that year. Each such report 
shall include the recommendations of the Comptroller Gen-
eral with respect to the matter covered by the assessment. 
SEC. 1065. BUSINESS CASE ANALYSIS FOR DEPARTMENT OF 
DEFENSE EFFICIENCIES. 
(a) ASSESSMENT.—The Comptroller General of the 
United States shall carry out an assessment of the extent 
to which components of the Department of Defense con-
ducted a business case analysis prior to recommending and 
implementing efficiencies initiatives. In carrying out the 
assessment, the Comptroller General shall— 
(1) use a case study approach; 
(2) identify best practices used by components of 
the Department of Defense; and 
(3) identify deficiencies in the analysis con-
ducted. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the congressional defense committees a report of 
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490 
the assessment required by subsection (a). The report shall 
include the Comptroller General’s recommendations relat-
ing to the appropriate application of business case analysis 
and best practices that should be adopted by the Depart-
ment of Defense prior to the implementation of any future 
effort to identify savings in defense operations. 
(c) DEFINITION.—In this section, the term ‘‘efficiencies 
initiatives’’ means initiatives led by the Secretary of De-
fense to identify at least $100,000,000,000 in savings dur-
ing fiscal years 2012 through 2016. 
SEC. 1066. FINANCIAL IMPROVEMENT AND AUDIT READI-
NESS PLAN. 
(a) FUNDING.—The Secretary of Defense may obligate 
or expend funds only for the execution of the Financial Im-
provement and Audit Readiness plan of the Department of 
Defense submitted in accordance with section 881 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 
2011 (Public Law 111–383) from the amounts specified in 
the subactivity groups for Financial Improvement and 
Audit Readiness in section 4301. 
(b) INCLUSION OF SUBORDINATE ACTIVITIES FOR IN-
TERIM MILESTONES.—For each interim milestone identi-
fied in the Financial Improvement and Audit Readiness 
plan, the Under Secretary of Defense (Comptroller), in con-
sultation with the Deputy Chief Management Officer of the 
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Department of Defense, the Secretaries of the military de-
partments, and the heads of the defense agencies and defense 
field activities, shall include a detailed description of the 
subordinate activities necessary to accomplish each interim 
milestone, including— 
(1) a justification of the time required for each 
activity; 
(2) metrics identifying the progress within each 
activity; and 
(3) mitigating strategies for correcting failed 
milestone deadlines. 
SEC. 1067. CORRECTIVE ACTION PLAN RELATING TO EXECU-
TION 
OF 
FINANCIAL 
IMPROVEMENT 
AND 
AUDIT READINESS PLAN. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to Congress a report relating to the Financial 
Improvement and Audit Readiness plan of the Department 
of Defense submitted in accordance with section 881 of the 
Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 121 Stat. 4306; 10 U.S.C. 
2222 note). 
(b) MATTERS COVERED.—The report shall include a 
corrective action plan for any weaknesses and deficiencies 
in the execution of the Financial Improvement and Audit 
Readiness. The corrective action plan shall— 
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492 
(1) identify near-term and longer-term measures 
for resolution of any such weaknesses and deficiencies; 
(2) assign responsibilities in the Department of 
Defense for actions to implement such measures; 
(3) specify steps for implementation of such 
measures; and 
(4) provide timeframes for implementation of 
such measures. 
Subtitle G—Studies and Reports 
SEC. 1071. REPEAL OF CERTAIN REPORT REQUIREMENTS. 
(a) ANNUAL JOINT REPORT FROM OFFICE OF MAN-
AGEMENT AND BUDGET AND CONGRESSIONAL BUDGET OF-
FICE ON SCORING OF OUTLAYS IN DEFENSE BUDGET FUNC-
TION.— 
(1) REPEAL.—Chapter 9 of title 10, United 
States Code, is amended by striking section 226. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
striking the item relating to section 226. 
(b) MISCELLANEOUS STUDIES AND REPORTS.— 
(1) REPEAL.—Chapter 23 of title 10, United 
States Code, is amended by striking sections 484, 487, 
and 490. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
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493 
striking the items relating to sections 484, 487, and 
490. 
(c) BIENNIAL REPORT ON GLOBAL POSITIONING SYS-
TEM.—Section 2281 of title 10, United States Code, is 
amended by striking subsection (d) and redesignating sub-
section (e) as subsection (d). 
(d) ANNUAL REPORT ON FISHER HOUSES.—Section 
2493 of title 10, United States Code, is amended by striking 
subsection (g). 
(e) ANNUAL REPORT ON PUBLIC SALES OF MILITARY 
EQUIPMENT.— 
(1) IN
GENERAL.—Chapter 153 of title 10, 
United States Code, is amended by striking section 
2582. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
striking the item relating to section 2582. 
(f) ANNUAL REPORT ON THE CHIEF OF NAVY RE-
SERVE.—Section 5143 of title 10, United States Code, is 
amended by striking subsection (e). 
(g) REQUESTS FOR IDENTIFICATION OF NOMINATING 
AUTHORITY
FOR PERSONS APPOINTED
TO
THE NAVAL 
ACADEMY.—Section 6954 of title 10, United States Code, 
is amended by striking subsection (f) and redesignating sub-
sections (g) and (h) as subsections (f) and (g), respectively. 
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494 
(h) BIENNIAL REPORT ON EDUCATIONAL ASSISTANCE 
FOR MEMBERS OF THE SELECTED RESERVE.— 
(1) REPEAL.—Chapter 1606 of title 10, United 
States Code, is amended by striking section 16137. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
striking the item relating to section 16137. 
(i) ANNUAL REPORT ON READY RESERVE.—Section 
12302(b) of title 10, United States Code, is amended by 
striking the last sentence. 
(j) REPORT ON SCIENCE AND TECHNOLOGY INVEST-
MENT STRATEGY.—Section 1504 of the Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 2009 (Pub-
lic Law 110–417; 122 Stat. 4650; 10 U.S.C. 2358 note) is 
amended by striking subsection (c). 
(k) REVIEW AND DETERMINATION OF CERTAIN CON-
TRACTS FOR TELEPHONE SERVICES.—Section 885(a)(2) of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 265; 10 U.S.C. 2304 
note) is amended by striking the second sentence. 
(l) QUARTERLY REPORTS ON DEPARTMENT OF DE-
FENSE RESPONSE TO THREAT POSED BY IMPROVISED EX-
PLOSIVE DEVICES.—The John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364) is amended by striking section 1402. 
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(m) CONGRESSIONAL NOTIFICATION REGARDING BASE 
CLOSURE AND REALIGNMENT ACTIVITIES.—Section 2405 of 
the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364) is amended by 
striking subsection (d). 
(n) ANNUAL
REPORT
ON
MEDICAL
READINESS 
PLAN.—Section 731 of the Ronald Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108– 
375) is amended by striking subsection (c). 
(o) REPORT ON REQUIREMENTS TO REDUCE BACKLOG 
IN MAINTENANCE AND REPAIR OF DEFENSE FACILITIES.— 
The Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 (as enacted into law by Public Law 
106–398) is amended by striking section 374. 
(p) SEMIANNUAL REPORTS
ON SITUATION
IN
THE 
BALKANS.—Section 1212 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–326) 
is amended by striking subsections (c) and (d). 
(q) SEMIANNUAL
REPORT
ON
KOSOVO
PEACE-
KEEPING.—The Floyd D. Spence National Defense Author-
ization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398) is amended by striking section 1213. 
(r) ANNUAL REPORT ON UNITED STATES MILITARY 
ACTIVITIES IN COLOMBIA.—The National Defense Author-
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496 
ization Act for Fiscal Year 2000 (Public Law 106–65) is 
amended by striking section 1025. 
(s) ANNUAL CERTIFICATION
ON MILITARY-TO-MILI-
TARY EXCHANGE WITH PEOPLE’S LIBERATION ARMY OF 
THE PEOPLE’S REPUBLIC OF CHINA.—Section 2101 of the 
National Defense Authorization Act for Fiscal Year 2000 
(Public Law 106–65; 113 Stat. 782; 10 U.S.C. 168 note) 
is amended by striking subsection (d). 
(t) ANNUAL REPORT ON THE ARMED FORCES RETIRE-
MENT HOME.—Section 1511 of the Armed Forces Retire-
ment Home Act of 1991 (24 U.S.C. 411) is amended by 
striking subsection (h) and redesignating subsection (i) as 
subsection (h). 
(u) ANNUAL REPORT ON SUPPLEMENTAL SUBSIST-
ENCE ALLOWANCE.—Section 402a of title 37, United States 
Code, is amended by striking subsection (f) and redesig-
nating subsections (g) and (h) as subsections (f) and (g), 
respectively. 
SEC. 1072. BIENNIAL REVIEW OF REQUIRED REPORTS. 
(a) IN GENERAL.—Chapter 23 of title 10, United 
States Code, as amended by section 1071, is further amend-
ed by adding at the end the following new section: 
‘‘§ 490a. Biennial review of required reports 
‘‘(a) REVIEW
OF CONGRESSIONAL REPORTS.—The 
Secretary of Defense shall conduct a review, on a biennial 
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497 
basis, all of the reports required to be submitted to Congress 
of the Department of Defense. In conducting each such re-
view, the Secretary shall evaluate the content, quality, cost, 
and timeliness of the Department’s compliance with the re-
quirement to submit each report by the date required. 
‘‘(b) SUBMISSION OF RECOMMENDATIONS FOR REPEAL 
OR MODIFICATION OF CONGRESSIONAL REPORT REQUIRE-
MENTS.—The Secretary may, not later than March 1 of the 
year in which a review under subsection (a) is conducted, 
recommend to the appropriate congressional committees the 
repeal or modification of a report requirement identified 
in the review. Any such recommendation shall include— 
‘‘(1) a detailed justification for the repeal or 
modification of the report requirement; and 
‘‘(2) recommendations for reducing cost and im-
proving the efficiency of the Department of Defense in 
responding to congressional report requirements. 
‘‘(c) REVIEW OF DEPARTMENT OF DEFENSE INTERNAL 
REPORTS.—(1) The Secretary of Defense shall conduct a 
review, on a biennial basis, the reports internal to the De-
partment of Defense. Each such review shall include— 
‘‘(A) the reports required by the Office of the Sec-
retary of Defense and the military departments; 
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498 
‘‘(B) the reports required by the secretaries of 
each military department of their respective military 
departments; and 
‘‘(C) other reporting requirements internal to the 
Department of Defense as designated for review by the 
Secretary. 
‘‘(2) Based on the findings of a review conducted under 
paragraph (1), the Secretary shall— 
‘‘(A) identify report requirements that are re-
dundant, overly burdensome, of limited value, 
unjustifiably costly, or otherwise determined to un-
duly reduce the efficiency of the Department of De-
fense; 
‘‘(B) take such steps as may be necessary to 
eliminate or modify such report requirements; and 
‘‘(C) include, in the budget justification mate-
rials submitted to Congress in support of the Depart-
ment of Defense budget (as submitted with the budget 
of the President under section 1105(a) of title 31) for 
a fiscal year following a year in which a review is 
conducted under paragraph (1) a summary of the cost 
reductions resulting from actions taken by the Sec-
retary pursuant to paragraph (2).’’. 
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499 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘490a. Biennial review of required reports.’’. 
SEC. 1073. TRANSMISSION OF REPORTS IN ELECTRONIC 
FORMAT. 
Section 122a(a) of title 10, United States Code, is 
amended by striking ‘‘made available’’ and all that follows 
through the period and inserting the following new para-
graphs: 
‘‘(1) made available to the public, upon request 
submitted on or after the date on which such report 
is submitted to Congress, through the Office of the As-
sistant Secretary of Defense for Public Affairs; and 
‘‘(2) to the maximum extent practicable, trans-
mitted in an electronic format.’’. 
SEC. 1074. MODIFICATIONS TO ANNUAL AIRCRAFT PRO-
CUREMENT PLAN. 
(a) IN GENERAL.—Section 231a of title 10, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘The Secretary’’ and 
inserting ‘‘Not later than 45 days after the 
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date on which the President submits to Con-
gress the budget for a fiscal year’’; and 
(ii) by striking ‘‘include with the de-
fense budget materials for each fiscal year’’ 
and insert ‘‘submit to the congressional de-
fense committees’’; and 
(B) in paragraph (1), by inserting ‘‘, the 
Department of the Army,’’ after ‘‘Navy’’; 
(2) in subsection (b)— 
(A) in paragraph (4), by striking ‘‘Stra-
tegic’’ and inserting ‘‘Intertheater’’; 
(B) by redesignating paragraph (8) as 
paragraph (11); and 
(C) by inserting after paragraph (7) the fol-
lowing new paragraphs: 
‘‘(8) Remotely piloted aircraft. 
‘‘(9) Rotary-wing aircraft. 
‘‘(10) Operational support and executive lift air-
craft.’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘national 
security strategy of the United States’’ and in-
serting ‘‘national military strategy of the United 
States’’; and 
(B) in paragraph (2)— 
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(i) in subparagraph (A), by inserting 
‘‘, the Department of the Army,’’ after 
‘‘Navy’’; 
(ii) in subparagraph (B), by striking 
‘‘national security strategy of the United 
States’’ and inserting ‘‘national military 
strategy of the United States’’; 
(iii) in subparagraph (C)— 
(I) by inserting ‘‘investment’’ be-
fore ‘‘funding’’; 
(II) by striking ‘‘the program’’ 
and inserting ‘‘each aircraft program’’; 
(III) by inserting before the pe-
riod at the end the following: ‘‘, set 
forth in aggregate for the Department 
of Defense and in aggregate for each 
military department’’; 
(iv) by redesignating subparagraph 
(D) as subparagraph (F); 
(v) by inserting after subparagraph 
(C) the following new subparagraphs: 
‘‘(D) The estimated level of annual funding nec-
essary to operate, maintain, sustain, and support 
each aircraft program throughout the life-cycle of the 
program, set forth in aggregate for the Department of 
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Defense and in aggregate for each military depart-
ment. 
‘‘(E) For each of the cost estimates required by 
subparagraphs (C) and (D)— 
‘‘(i) a description of whether the cost esti-
mate is derived from the cost estimate position 
of the military department or derived from the 
cost estimate position of the Cost Analysis and 
Program Evaluation office of the Secretary of 
Defense; 
‘‘(ii) if the cost estimate position of the 
military department and the cost estimate posi-
tion of the Cost Analysis and Program Evalua-
tion office differ by more than .5 percent for any 
aircraft program, an annotated cost estimate dif-
ference and sufficient rationale to explain the 
difference; and 
‘‘(iii) the confidence or certainty level asso-
ciated with the cost estimate for each aircraft 
program.’’. 
(vi) in subparagraph (F), as redesig-
nated by clause (iv), by inserting ‘‘, the De-
partment of the Army,’’ after ‘‘Navy’’; 
(C) by adding at the end the following new 
paragraphs: 
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‘‘(3) For any cost estimate required by paragraph 
(2)(C) or (D), for any aircraft program for which the Sec-
retary is required to include in a report under section 2432 
of this title, the source of the cost information used to pre-
pare the annual aircraft plan, shall be sourced from the 
Selected Acquisition Report data that the Secretary plans 
to submit to the congressional defense committees in accord-
ance with subsection (f) of that section for the year for 
which the annual aircraft plan is prepared. 
‘‘(4) The annual aircraft procurement plan shall be 
submitted in unclassified form and shall contain a classi-
fied annex.’’; 
(4) in subsection (d), by inserting ‘‘, the Depart-
ment of the Army,’’ after ‘‘Navy’’; 
(5) by redesignating subsection (e) as subsection 
(f); 
(6) by inserting after subsection (d) the following 
new subsection (e): 
‘‘(e) ANNUAL REPORT ON AIRCRAFT INVENTORY.—(1) 
As part of the annual plan and certification required to 
be submitted under this section, the Secretary shall include 
a report on the aircraft in the inventory of the Department 
of Defense. Each such report shall include the following, for 
the year covered by the report: 
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‘‘(2) Each report submitted under this subsection shall 
set forth each item described in paragraph (1) separately 
for the regular component of each armed force and for each 
reserve component of each armed force and, for each such 
component, shall set forth each type, model, and series of 
aircraft provided for in the future-years defense program 
that covers the fiscal year for which the budget accom-
panying the plan, certification and report is submitted.’’; 
and 
(7) in subsection (f), as redesignated by para-
graph 5, by striking paragraph (2) and redesignating 
paragraph (3) as paragraph (2). 
(b) SECTION HEADING.—The heading for such section 
is amended to read as follows: 
‘‘§ 231a. Budgeting for life-cycle cost of aircraft for the 
Navy, Army, and Air Force: annual plan 
and certification’’. 
(c) CLERICAL AMENDMENT.—The item relating to sec-
tion 231a in the table of sections at the beginning of chapter 
9 of title 10, United States Code, is amended to read as 
follows: 
‘‘231a. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air Force: 
annual plan and certification.’’. 
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SEC. 1075. CHANGE OF DEADLINE FOR ANNUAL REPORT TO 
CONGRESS ON NATIONAL GUARD AND RE-
SERVE COMPONENT EQUIPMENT. 
Section 10541(a) of title 10, United States Code, is 
amended by striking ‘‘February 15’’ and inserting ‘‘March 
15’’. 
SEC. 1076. REPORT ON HOMELAND DEFENSE ACTIVITIES. 
Section 908(a) of title 32, United States Code, is 
amended by adding at the end the following ‘‘For any fiscal 
year during which no assistance was provided, and no ac-
tivities were carried out, under this chapter, a report is not 
required to be submitted under this section.’’. 
SEC. 1077. REPORT ON NUCLEAR ASPIRATIONS OF NON- 
STATE ENTITIES, NUCLEAR WEAPONS, AND 
RELATED 
PROGRAMS 
IN 
NON-NUCLEAR 
WEAPONS STATES AND COUNTRIES NOT PAR-
TIES TO THE NUCLEAR NON-PROLIFERATION 
TREATY, AND CERTAIN FOREIGN PERSONS. 
Section 1055(a) of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 50 U.S.C. 
2371(a)) is amended, in the matter preceding paragraph 
(1)— 
(1) by striking ‘‘and the Permanent’’ and insert-
ing ‘‘the Permanent’’; and 
(2) by inserting before ‘‘a report’’ the following: 
‘‘, the Committee on Foreign Relations of the Senate, 
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and the Committee on Foreign Affairs of the House 
of Representatives’’. 
Subtitle H—Miscellaneous 
Authorities and Limitations 
SEC. 1081. EXEMPTION FROM FREEDOM OF INFORMATION 
ACT FOR DATA FILES OF THE MILITARY 
FLIGHT OPERATIONS QUALITY ASSURANCE 
SYSTEMS OF THE MILITARY DEPARTMENTS. 
(a) EXEMPTION.— 
(1) IN
GENERAL.—Chapter 134 of title 10, 
United States Code, is amended by inserting after sec-
tion 2254 the following new section: 
‘‘§ 2254a. Data files of military flight operations qual-
ity assurance systems: exemption from dis-
closure under Freedom of Information Act 
‘‘(a) AUTHORITY TO EXEMPT CERTAIN DATA FILES 
FROM DISCLOSURE UNDER FOIA.— 
‘‘(1) The Secretary of Defense may exempt infor-
mation contained in any data file of the military 
flight operations quality assurance system of a mili-
tary department from disclosure under section 
552(b)(3) of title 5. 
‘‘(2) In this section, the term ‘data file’ means 
a file of the military flight operations quality assur-
ance (in this section referred to as ‘MFOQA’) system 
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that contains information acquired or generated by 
the MFOQA system, including— 
‘‘(A) 
any 
data 
base 
containing 
raw 
MFOQA data; and 
‘‘(B) any analysis or report generated by 
the MFOQA system or which is derived from 
MFOQA data. 
‘‘(3) Information that is exempt under para-
graph (1) from disclosure under section 552(b)(3) of 
title 5 shall be exempt from such disclosure even if 
such information is contained in a data file that is 
not exempt in its entirety from such disclosure. 
‘‘(4) The provisions of paragraph (1) may not be 
superseded except by a provision of law which is en-
acted after the date of the enactment of this section 
and which specifically cites and repeals or modifies 
those provisions. 
‘‘(b) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations for the administration of this section. 
Such regulations shall ensure consistent application of the 
authority in subsection (a) across the military departments 
and shall specifically identify officials in each military de-
partment who shall be delegated the Secretary’s authority 
under this section.’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter II of such chap-
ter is amended by inserting after the item relating to 
section 2254 the following new item: 
‘‘2254a. Data files of military flight operations quality assurance systems: exemp-
tion from disclosure under Freedom of Information Act.’’. 
(b) APPLICABILITY.—Section 2254a of title 10, United 
States Code, as added by subsection (a), shall apply to any 
information entered into any data file of the military flight 
operations quality assurance system before, on, or after the 
date of the enactment of this Act. 
SEC. 1082. LIMITATION ON PROCUREMENT AND FIELDING 
OF LIGHT ATTACK ARMED RECONNAISSANCE 
AIRCRAFT. 
(a) REQUIRED REVIEW.— 
(1) REVIEW.—In the report on the quadrennial 
roles and missions review required to be submitted 
not later than the date on which the President sub-
mits the budget for fiscal year 2013, pursuant to sec-
tion 118b of title 10, United States Code, the Sec-
retary of Defense shall specifically review the capa-
bility of the elements of the Department of Defense 
(including any office, agency, activity, or command 
described in section 111(b) of such title) that are re-
sponsible for conducting light attack and armed re-
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connaissance missions or fulfilling requests of partner 
nations for training in the conduct of such missions. 
(2) MATTERS INCLUDED.—In conducting the re-
view under paragraph (1), the Secretary shall— 
(A) identify any gaps in the ability of the 
Department to conduct light attack and armed 
reconnaissance missions or to fulfill requests of 
partner nations for training in the conduct of 
such missions; 
(B) identify any unnecessary duplication of 
efforts between the elements of the Department to 
procure or field aircraft to conduct light attack 
and armed reconnaissance missions or to fulfill 
requests of partner nations to train in the con-
duct of such missions, including any planned— 
(i) developmental efforts; 
(ii) operational evaluations; or 
(iii) 
acquisition 
of 
such 
aircraft 
through procurement or lease; and 
(C) include findings and recommendations 
the Secretary considers appropriate to address 
any gaps identified under subparagraph (A) or 
unnecessary duplication of efforts identified 
under subparagraph (B). 
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(b) LIMITATION.—Except as provided by subsection (c) 
and (d), none of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2012 
may be obligated or expended for the procurement or field-
ing of light attack armed reconnaissance aircraft until the 
date on which— 
(1) the Joint Requirements Oversight Council 
validates the requirements for the development or pro-
curement of such aircraft to address a gap identified 
under subsection (a)(2)(A); and 
(2) the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics approves the acquisi-
tion strategy for such aircraft. 
(c) USE OF FUNDS FOR PREVIOUSLY AUTHORIZED 
PROGRAMS.—The limitation in subsection (b) does not 
apply to a program for which funding was authorized to 
be appropriated for a fiscal year before fiscal year 2012. 
(d) WAIVER.—The Secretary of Defense may waive the 
limitation in subsection (b) if the Secretary submits to the 
congressional defense committees written certification that 
the procurement or fielding of light attack armed reconnais-
sance aircraft is necessary to support ongoing contingency 
operations in Afghanistan or Iraq. 
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SEC. 1083. USE OF STATE PARTNERSHIP PROGRAM FUNDS 
FOR CIVILIANS AND NON-DEFENSE AGENCY 
PERSONNEL. 
Of the funds made available to the National Guard 
for the State Partnership Program, up to $3,000,000 may 
be made available to pay travel and per diem costs associ-
ated with the participation of United States and foreign 
civilian and non-defense agency personnel in authorized 
National Guard State Partnership Program events con-
ducted both in the United States and in foreign partner 
countries. 
SEC. 1084. PROHIBITION ON THE USE OF FUNDS FOR MANU-
FACTURING BEYOND LOW RATE INITIAL PRO-
DUCTION AT CERTAIN PROTOTYPE INTEGRA-
TION FACILITIES. 
(a) PROHIBITION.—None of the funds authorized to be 
appropriated by this Act may be used for manufacturing 
beyond low rate initial production at a prototype integra-
tion facility of any of the following: 
(1) The Tank Automotive Research, Development 
and Engineering Center. 
(2) The United States Army Communications- 
Electronics Command. 
(3) The United States Army Aviation and Mis-
sile Command. 
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(b) WAIVER.—The Secretary of the Army for Acquisi-
tion, Logistics, and Technology may waive the prohibition 
under subsection (a) for a fiscal year if— 
(1) the Assistant Secretary determines that the 
waiver is necessary— 
(A) for reasons of national security; or 
(B) to rapidly acquire equipment to re-
spond to combat emergencies; and 
(2) the Assistant Secretary submits to Congress 
a notification of the waiver together with the reasons 
for the waiver. 
(c) LOW-RATE INITIAL PRODUCTION.—For purposes of 
this section, the term ‘‘low-rate initial production’’ shall be 
determined in accordance with section 2400 of title 10, 
United States Code. 
Subtitle I—Other Matters 
SEC. 1091. TREATMENT UNDER FREEDOM OF INFORMATION 
ACT OF CERTAIN DEPARTMENT OF DEFENSE 
CRITICAL INFRASTRUCTURE INFORMATION. 
(a) IN GENERAL.—Chapter 3 of title 10, United States 
Code, is amended by adding after section 130e, as added 
by section 1055, the following new section: 
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‘‘§ 130f. Treatment under Freedom of Information Act 
of critical infrastructure information 
‘‘(a) EXEMPTION.—Department of Defense critical in-
frastructure information that, if disclosed, may result in 
the disruption, degradation, or destruction of operations, 
property, or facilities of the Department of Defense, shall 
be exempt from disclosure pursuant to section 552(b)(3) of 
title 5. 
‘‘(b) INFORMATION PROVIDED TO STATE AND LOCAL 
GOVERNMENTS.—Department of Defense critical infra-
structure information obtained by a State or local govern-
ment from a Federal agency shall remain under the control 
of the Federal agency, and a State or local law authorizing 
or requiring such a government to disclose information 
shall not apply to such critical infrastructure information. 
‘‘(c) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to implement this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘130f. Treatment under Freedom of Information Act of certain critical infrastruc-
ture information.’’. 
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SEC. 1092. EXPANSION OF SCOPE OF HUMANITARIAN 
DEMINING ASSISTANCE PROGRAM TO IN-
CLUDE STOCKPILED CONVENTIONAL MUNI-
TIONS ASSISTANCE. 
Section 407 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘and 
stockpiled conventional munitions assistance’’ 
after ‘‘demining assistance’’; and 
(B) in paragraph (3)(A), by inserting ‘‘, 
stockpiled conventional munitions,’’ after ‘‘land-
mines’’; 
(2) in subsection (d)(2), by inserting ‘‘, and 
whether such assistance was primarily related to the 
humanitarian demining efforts or stockpiled conven-
tional munitions assistance’’ after ‘‘paragraph (1)’’; 
and 
(3) by striking subsection (e) and inserting the 
following new subsection (e): 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘humanitarian demining assist-
ance’, as it relates to training and support, means de-
tection and clearance of landmines and other explo-
sive remnants of war, and includes activities related 
to the furnishing of education, training, and technical 
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assistance with respect to explosive safety, the detec-
tion and clearance of landmines and other explosive 
remnants of war, and the disposal, demilitarization, 
physical security, and stockpile management of poten-
tially dangerous stockpiles of explosive ordnance. 
‘‘(2) The term ‘stockpiled conventional munitions 
assistance’, as it relates to the support of humani-
tarian assistance efforts, means training and support 
in the disposal, demilitarization, physical security, 
and stockpile management of potentially dangerous 
stockpiles of explosive ordnance, and includes activi-
ties related to the furnishing of education, training, 
and technical assistance with respect to explosive safe-
ty, the detection and clearance of landmines and other 
explosive remnants of war, and the disposal, demili-
tarization, physical security, and stockpile manage-
ment of potentially dangerous stockpiles of explosive 
ordnance.’’. 
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SEC. 1093. MANDATORY IMPLEMENTATION OF THE STAND-
ING ADVISORY PANEL ON IMPROVING CO-
ORDINATION AMONG THE DEPARTMENT OF 
DEFENSE, THE DEPARTMENT OF STATE, AND 
THE UNITED STATES AGENCY FOR INTER-
NATIONAL DEVELOPMENT ON MATTERS OF 
NATIONAL SECURITY. 
Section 1054 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4605) is amended— 
(1) in subsection (a), by striking ‘‘may’’ and in-
serting ‘‘shall’’; 
(2) in subsection (b)(5), by striking ‘‘should be’’ 
and all that follows and inserting ‘‘shall be appointed 
by not later than March 30, 2012.’’; 
(3) in subsection (d)— 
(A) by striking ‘‘If the advisory panel is es-
tablished under subsection (a)’’ and inserting 
‘‘By not later than March 30, 2012’’; and 
(B) by striking ‘‘, not later than 60 days 
after the date of the final appointment of the 
members of the advisory panel pursuant to sub-
section (b)(5),’’; 
(4) by striking subsection (e) and redesignating 
subsections (f) thought (i) as subsections (e) through 
(h), respectively; 
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(5) in subsection (f)(2), as so redesignated, by 
striking ‘‘Not later than December 31 of the year in 
which the interim report is submitted under para-
graph (1)’’ and inserting ‘‘Not later than December 
31 of each year during which the advisory panel oper-
ates’’; 
(6) in subsection (g), as so redesignated, by strik-
ing ‘‘December 31, 2012’’ and inserting ‘‘December 
31, 2016’’; and 
(7) in subsection (h), as so redesignated, by 
striking paragraph (3). 
SEC. 1094. NUMBER OF NAVY CARRIER AIR WINGS AND CAR-
RIER AIR WING HEADQUARTERS. 
The Secretary of the Navy shall ensure that the Navy 
maintains— 
(1) a minimum of 10 carrier air wings; and 
(2) for each such carrier air wing, a dedicated 
and fully staffed headquarters. 
SEC. 1095. DISPLAY OF ANNUAL BUDGET REQUIREMENTS 
FOR ORGANIZATIONAL CLOTHING AND INDI-
VIDUAL EQUIPMENT. 
(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICA-
TION DOCUMENTS.—For fiscal year 2013 and each subse-
quent fiscal year, the Secretary of Defense shall submit to 
the President, for inclusion with the budget materials sub-
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mitted to Congress under section 1105(a) of title 31, United 
States Code, a budget justification display that covers all 
programs and activities associated with the procurement of 
organizational clothing and individual equipment. 
(b) REQUIREMENTS
FOR
BUDGET
DISPLAY.—The 
budget justification display under subsection (a) for a fiscal 
year shall include the following: 
(1) The funding requirements in each budget ac-
tivity and for each Armed Force for organizational 
clothing and individual equipment. 
(2) The amount in the budget for each of the 
Armed Forces for organizational clothing and equip-
ment for that fiscal year. 
(c) DEFINITION.—In this section, the term ‘‘organiza-
tional clothing and individual equipment’’ means an item 
of organizational clothing or equipment prescribed for wear 
or use with the uniform. 
SEC. 1096. NATIONAL ROCKET PROPULSION STRATEGY. 
(a) FINDINGS.—Congress finds the following: 
(1) The Secretary of Defense has undertaken nu-
merous reviews of the solid rocket motor and liquid 
rocket engine propulsion industrial base, including 
pursuant to— 
(A) section 915 of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 
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(Public Law 111–383; 124 Stat. 4329) (relating 
to the preservation of the solid rocket motor in-
dustrial base); 
(B) section 916 of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4330) (relating 
to the implementation plan to sustain solid rock-
et motor industrial base); 
(C) section 917 of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4330) (relating 
to the review and plan on sustainment of liquid 
rocket propulsion systems industrial base); 
(D) section 1078 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2479) (relating to the 
plan for sustainment of land-based solid rocket 
motor industrial base); and 
(E) section 1050 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 318) (relating to the re-
port on solid rocket motor industrial base). 
(2) Multiple departments and agencies of the 
Federal Government rely on the solid rocket motor 
and liquid rocket engine propulsion industrial base, 
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including the Department of Defense, the National 
Reconnaissance Office, and the National Aeronautics 
and Space Administration, and decisions made by 
one agency may have severe ramifications on others. 
(3) The planned end in 2011 of the Space Shut-
tle program and the decision in 2010 by the President 
to terminate the Constellation program of the Na-
tional Aeronautics and Space Administration have 
led to increased costs for rocket propulsion systems for 
defense and intelligence programs that rely on the 
rocket propulsion industrial base. 
(4) According to the Air Force, the fiscal year 
2012 budget request for the Evolved Expendable 
Launch Vehicle has increased by 50 percent over the 
fiscal year 2011 request in part due to the uncer-
tainty in the launch industrial and supplier base re-
sulting from decisions by the National Aeronautics 
and Space Administration. 
(5) According to the Navy, the unit cost for Tri-
dent II D5 rocket motors has increased 80 percent, in 
large part as a result of the elimination of investment 
by the National Aeronautics and Space Administra-
tion in solid rocket motors. 
(b) SENSE OF THE CONGRESS.—It is the sense of Con-
gress that the sustainment of the solid rocket motor and liq-
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uid rocket engine industrial base is a national challenge 
that spans multiple departments and agencies of the Fed-
eral Government and requires the attention of the President. 
(c) STRATEGY REQUIRED.—The President shall trans-
mit to the appropriate congressional committees a national 
rocket propulsion strategy for the United States, includ-
ing— 
(1) a description and assessment of the effects to 
programs of the Department of Defense and intel-
ligence community that rely on the solid rocket motor 
and liquid rocket engine industrial base caused by the 
end of the Space Shuttle program and termination of 
the Constellation program; 
(2) a description of the plans of the President, 
the Secretary of Defense, the intelligence community, 
and the Administrator of the National Aeronautics 
and Space Administration to mitigate the impact of 
the end of the Space Shuttle program and termi-
nation of the Constellation program on the solid rock-
et motor and liquid rocket engine propulsion indus-
trial base of the United States; 
(3) a consolidated plan that outlines key decision 
points for the current and next-generation mission re-
quirements of the United States with respect to tac-
tical and strategic missiles, missile defense intercep-
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tors, targets, and satellite and human spaceflight 
launch vehicles; 
(4) options and recommendations for synchro-
nizing plans, programs, and budgets for research and 
development, procurement, operations, and workforce 
among the appropriate departments and agencies of 
the Federal Government to strengthen the solid rocket 
motor and liquid rocket engine propulsion industrial 
base of the United States; and 
(5) any other relevant information the President 
considers necessary. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The Committees on Armed Services, Science, 
Space, and Technology, Appropriations, and the Per-
manent Select Committee on Intelligence of the House 
of Representatives. 
(2) The Committees on Armed Services, Com-
merce, Science, and Transportation, Appropriations, 
and the Select Committee on Intelligence of the Sen-
ate. 
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SEC. 1097. INCLUSION OF RELIGIOUS SYMBOLS AS PART OF 
MILITARY MEMORIALS. 
(a) AUTHORITY.—Chapter 21 of title 36, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 2115. Inclusion of religious symbols as part of mili-
tary memorials 
‘‘(a) INCLUSION OF RELIGIOUS SYMBOLS AUTHOR-
IZED.—To recognize the religious background of members 
of the United States Armed Forces, religious symbols may 
be included as part of— 
‘‘(1) a military memorial that is established or 
acquired by the United States Government; or 
‘‘(2) a military memorial that is not established 
by the United States Government, but for which the 
American Battle Monuments Commission cooperated 
in the establishment of the memorial. 
‘‘(b) MILITARY MEMORIAL DEFINED.—In this section, 
the term ‘military memorial’ means a memorial or monu-
ment commemorating the service of the United States 
Armed Forces. The term includes works of architecture and 
art described in section 2105(b) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘2115. Inclusion of religious symbols as part of military memorials.’’. 
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SEC. 1098. UNMANNED AERIAL SYSTEMS AND NATIONAL 
AIRSPACE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Administrator of 
the Federal Aviation Administration shall establish a pro-
gram to integrate unmanned aircraft systems into the na-
tional airspace system at six test ranges. 
(b) PROGRAM REQUIREMENTS.—In establishing the 
program under subsection (a), the Administrator shall— 
(1) safely designate nonexclusionary airspace for 
integrated manned and unmanned flight operations 
in the national airspace system; 
(2) develop certification standards and air traf-
fic requirements for unmanned flight operations at 
test ranges; 
(3) coordinate with and leverage the resources of 
the Department of Defense and the National Aero-
nautics and Space Administration; 
(4) address both civil and public unmanned air-
craft systems; 
(5) ensure that the program is coordinated with 
the Next Generation Air Transportation System; and 
(6) provide for verification of the safety of un-
manned aircraft systems and related navigation pro-
cedures before integration into the national airspace 
system. 
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(c) LOCATIONS.—In determining the location of a test 
range for the program under subsection (a), the Adminis-
trator shall— 
(1) take into consideration geographic and cli-
matic diversity; 
(2) take into consideration the location of ground 
infrastructure and research needs; and 
(3) consult with the Department of Defense and 
the National Aeronautics and Space Administration. 
(d) REPORT.—Not later than 90 days after the date 
of completing each of the pilot projects, the Administrator 
shall submit to the appropriate congressional committees a 
report setting forth the Administrator’s findings and con-
clusions concerning the projects that includes a description 
and assessment of the progress being made in establishing 
special use airspace to fill the immediate need of the De-
partment of Defense to develop detection techniques for 
small unmanned aircraft systems and to validate sensor in-
tegration and operation of unmanned aircraft systems. 
(e) DURATION.—The program under subsection (a) 
shall terminate on the date that is five years after the date 
of the enactment of this Act. 
(f) DEFINITION.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
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(A) the Committee on Armed Services, the 
Committee on Transportation and Infrastruc-
ture, and the Committee on Science, Space, and 
Technology of the House of Representatives; and 
(B) the Committee on Armed Services and 
the Committee on Commerce, Science, and 
Transportation of the Senate. 
(2) The term ‘‘test range’’ means a defined geo-
graphic area where research and development are con-
ducted. 
SEC. 1099. SENSE OF CONGRESS REGARDING THE KILLING 
OF OSAMA BIN LADEN. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Osama bin Laden was responsible for order-
ing the attacks of September 11, 2001, that killed al-
most 3,000 American citizens. 
(2) Osama bin Laden and his terrorist organiza-
tion, al-Qaeda, have been responsible for carrying out 
attacks on innocent men and women around the 
world. 
(3) The United States Special Operations Com-
mand organizes, trains, and equips Special Oper-
ations Forces and is providing those forces to the 
United States Central Command under whose oper-
ational control they serve. 
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(4) Special Operations forces were able to com-
plete the mission to kill Osama bin Laden without 
United States casualties. 
(5) The killing of Osama bin Laden represents a 
milestone victory in bringing to justice the master-
mind of September 11, 2001. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the Special Operations Forces provide a tre-
mendous service to the Nation; and 
(2) the killing of Osama bin Laden is a major 
victory for international justice and for the United 
States in the war against terrorism and radical ex-
tremists. 
SEC. 1099A. GRANTS TO CERTAIN REGULATED COMPANIES 
FOR SPECIFIED ENERGY PROPERTY NOT SUB-
JECT TO NORMALIZATION RULES. 
(a) IN GENERAL.—The first sentence of section 1603(f) 
of the American Recovery and Reinvestment Tax Act of 
2009 is amended by inserting ‘‘(other than subsection (d)(2) 
thereof)’’ after ‘‘section 50 of the Internal Revenue Code of 
1986’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect as if included in section 1603 of 
the American Recovery and Reinvestment Tax Act of 2009. 
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SEC. 1099B. SUBMITTAL OF INFORMATION REGARDING IN-
DIVIDUALS DETAINED AT UNITED STATES 
NAVAL STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives, and other appro-
priate committees of Congress, the following information in 
connection with individuals formerly or currently detained 
at United States Naval Station, Guantanamo Bay, Cuba 
in the custody or under the effective control of the Depart-
ment of Defense: 
(1) Information compiled in coordination with 
the Director of National Intelligence relating to infor-
mation or reports on the locations of individuals who 
were formerly detained at Guantanamo. 
(2) Information compiled in coordination with 
the Attorney General and the Director of National In-
telligence relating to the full Task Force assessments 
prepared for each such individual by the Guanta-
namo Task Force established pursuant to Executive 
Order 13492 and any Department of Defense memo-
randa regarding the process for the review and trans-
fer of such individuals. 
(3) Information compiled in coordination with 
the Director of National Intelligence regarding any 
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subsequent threat assessment prepared by any element 
of the intelligence community on any such individual 
who remains in detention or for whom a decision to 
release or transfer is pending. 
(b) FORM OF SUBMISSION.—All information required 
to be submitted under this section shall be submitted— 
(1) consistent with the protection of intelligence 
sources and methods; or 
(2) if disclosure would compromise such protec-
tion, directly to the Permanent Select Committee on 
Intelligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate in 
unredacted form. 
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) with respect to information described in 
paragraphs (1) and (3) of subsection (a), the Perma-
nent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intel-
ligence of the Senate; and 
(2) with respect to information described in 
paragraph (2) of such subsection, the Committee on 
the Judiciary and the Permanent Select Committee 
on Intelligence of the House of Representatives and 
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the Committee on the Judiciary and the Select Com-
mittee on Intelligence of the Senate. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
SEC. 1101. AMENDMENTS TO DEPARTMENT OF DEFENSE 
PERSONNEL AUTHORITIES. 
(a) CAREER PATHS.—Section 9902(a)(1) of title 5, 
United States Code, is amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(2) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) Development of attractive career paths.’’. 
(b) APPOINTMENT FLEXIBILITIES.—Section 9902(b) of 
title 5, United States Code, is amended by adding at the 
end the following: 
‘‘(5) The Secretary shall develop a training program 
for Department of Defense human resource professionals to 
implement the requirements in this subsection. 
‘‘(6) The Secretary shall develop indicators of effective-
ness to determine whether appointment flexibilities under 
this subsection have achieved the objectives set forth in para-
graph (1).’’. 
(c) ADDITIONAL REQUIREMENTS.—Section 9902(c) of 
title 5, United States Code, is amended— 
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(1) by redesignating paragraphs (6) and (7) as 
paragraphs (8) and (9), respectively; and 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) provide mentors to advise individuals on 
their career paths and opportunities to advance and 
excel within their fields; 
‘‘(7) develop appropriate procedures for warn-
ings during performance evaluations for employees 
who fail to meet performance standards;’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TECHNICAL AMENDMENT.—The heading for 
chapter 99 of title 5, United States Code, is amended 
to read as follows: 
‘‘CHAPTER 99—DEPARTMENT OF DEFENSE 
PERSONNEL AUTHORITIES’’. 
(2) CONFORMING
AMENDMENT.—The table of 
chapters for part III of title 5, United States Code, 
is amended by striking the item relating to chapter 
99 and inserting the following: 
‘‘99. Department of Defense Personnel Authorities .......................................
9901’’. 
SEC. 1102. PROVISIONS RELATING TO THE DEPARTMENT OF 
DEFENSE PERFORMANCE MANAGEMENT SYS-
TEM. 
(a) IN GENERAL.—Section 9902 of title 5, United 
States Code, is amended by adding at the end the following: 
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‘‘(h) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the implementation of any performance management 
and workforce incentive system under subsection (a) 
or any procedures relating to personnel appointment 
flexibilities under subsection (b) (whichever is earlier), 
and whenever any significant action is taken under 
any of the preceding provisions of this section (but at 
least biennially) thereafter, the Secretary shall— 
‘‘(A) conduct appropriately designed and 
statistically valid internal assessments or em-
ployee surveys to assess employee perceptions of 
any program, system, procedures, or other aspect 
of personnel management, as established or 
modified under authority of this section; and 
‘‘(B) submit to the appropriate committees 
of Congress and the Comptroller General, a re-
port describing the results of the assessments or 
surveys conducted under subparagraph (A) (in-
cluding the methodology used), together with any 
other information which the Secretary considers 
appropriate. 
‘‘(2) REVIEW.—After receiving any report under 
paragraph (1), the Comptroller General— 
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‘‘(A) shall review the assessments or surveys 
described in such report to determine if they 
were appropriately designed and statistically 
valid; 
‘‘(B) shall conduct a review of the extent to 
which the program, system, procedures, or other 
aspect of program management concerned (as de-
scribed in paragraph (1)(A)) is fair, credible, 
transparent, and otherwise in conformance with 
the requirements of this section; and 
‘‘(C) within 6 months after receiving such 
report, shall submit to the appropriate commit-
tees of Congress— 
‘‘(i) an independent evaluation of the 
results of the assessments or surveys re-
viewed under subparagraph (A), and 
‘‘(ii) the findings of the Comptroller 
General based on the review under subpara-
graph (B), 
together with any recommendations the Comp-
troller General considers appropriate. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘appropriate committees of Congress’ 
means— 
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‘‘(A) the Committees on Armed Services of 
the Senate and the House of Representatives; 
‘‘(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
‘‘(C) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives.’’. 
(b) AMENDMENT RELATING TO CERTAIN REPORTS.— 
Section 1113(e) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2502) 
is amended to read as follows: 
‘‘(e) REPORTS.—The Secretary of Defense shall submit 
to the covered committees (as defined by subsection 
(g)(6))— 
‘‘(1) no later than 6 months after the date of en-
actment of this Act, a report on the initial steps being 
taken to reclassify positions from the NSPS and the 
initial conversion plan to begin converting employees 
from the NSPS, which information shall be supple-
mented by reports describing the progress of the con-
version process which shall be submitted to the same 
committees on a semiannual basis until the conver-
sion is fully completed; 
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‘‘(2) no later than 12 months after the date of 
enactment of this Act and semiannually thereafter 
until fully implemented— 
‘‘(A) a plan for the personnel management 
system, as authorized by section 9902(a) of title 
5, United States Code (as amended by this sec-
tion); and 
‘‘(B) progress reports on the design and im-
plementation of the personnel management sys-
tem (as described in subparagraph (A)); and 
‘‘(3) no later than 12 months after the date of 
enactment of this Act and semiannually thereafter 
until fully implemented— 
‘‘(A) a plan for the appointment procedures, 
as authorized by section 9902(b) of such title 5 
(as so amended); and 
‘‘(B) progress reports on the design and im-
plementation of the appointment procedures (as 
described in subparagraph (A)). 
Implementation of a plan described in paragraph (2)(A) 
may not commence before the 90th day after the date on 
which such plan is submitted under this subsection to the 
covered committees.’’. 
(c) REPEAL
OF SUPERSEDED PROVISION.—Section 
1106(b) of the National Defense Authorization Act for Fis-
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cal Year 2008 (Public Law 110–181; 122 Stat. 357), as 
amended by section 1113(h) of the National Defense Author-
ization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2503), is repealed. 
SEC. 1103. REPEAL OF SUNSET PROVISION RELATING TO DI-
RECT HIRE AUTHORITY AT DEMONSTRATION 
LABORATORIES. 
Section 1108 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 10 U.S.C. 1580 note) is amended by striking subsection 
(e). 
SEC. 1104. DENIAL OF CERTAIN PAY ADJUSTMENTS FOR UN-
ACCEPTABLE PERFORMANCE. 
(a) ANNUAL PAY ADJUSTMENTS.—Section 5303 of title 
5, United States Code, is amended by adding at the end 
the following: 
‘‘(h)(1) Notwithstanding any other provision of this 
section, an adjustment under this section shall not be made 
in the case of any employee having an unacceptable per-
formance rating. 
‘‘(2) For purposes of administering any provision of 
law, rule, or regulation which— 
‘‘(A) provides premium pay, retirement, life in-
surance, or other employee benefit, which requires any 
deduction or contribution, 
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‘‘(B) imposes any requirement or limitation, or 
‘‘(C) requires any other computation (such as 
under section 5304(c)(1)(B)), 
on the basis of a rate of basic pay, the rate of basic pay 
payable after the application of paragraph (1) shall be 
treated as the rate of basic pay for the employee involved.’’. 
(b) REGULATIONS.—The Director of the Office of Per-
sonnel Management may prescribe any regulations nec-
essary to carry out the purposes of this section. 
SEC. 1105. REVISIONS TO BENEFICIARY DESIGNATION PRO-
VISIONS FOR DEATH GRATUITY PAYABLE 
UPON DEATH OF A GOVERNMENT EMPLOYEE. 
(a) AUTHORITY TO DESIGNATE MORE THAN 50 PER-
CENT OF DEATH GRATUITY TO UNRELATED PERSONS.— 
Section 8102a(d)(4) of title 5, United States Code, is 
amended— 
(1) in the first sentence— 
(A) by striking ‘‘covered by this section’’ 
and inserting ‘‘covered by subsection (a)’’; and 
(B) by striking ‘‘not more than 50 percent 
of the amount payable under this section’’ and 
inserting ‘‘all or a portion of the amount pay-
able under this section’’; 
(2) in the second sentence, by striking ‘‘50 per-
cent,’’ and inserting ‘‘100 percent,’’; and 
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(3) in the third sentence, by inserting ‘‘(if any)’’ 
after ‘‘gratuity’’. 
(b) NOTICE TO SPOUSE OF DESIGNATION OF ANOTHER 
PERSON TO RECEIVE PORTION OF DEATH GRATUITY.—Sec-
tion 8102a(d) of title 5, United States Code, is further 
amended by adding at the end the following: 
‘‘(6) If a person covered by subsection (a) has a 
spouse , but makes a designation under paragraph (4) 
for a person other than the spouse to receive all or a 
portion of the amount payable under this section, the 
head of the agency, or other entity, in which that per-
son is employed shall provide notice of the designa-
tion to the spouse.’’. 
SEC. 1106. EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
LIMITATION ON PREMIUM PAY AND AGGRE-
GATE LIMITATION ON PAY FOR FEDERAL CI-
VILIAN EMPLOYEES WORKING OVERSEAS. 
Effective as of January 1, 2011, section 1101(a) of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), 
as amended by section 1106(a) of the National Defense Au-
thorization Act for Fiscal Year 2010 (Public Law 111-84; 
123 Stat. 2487), is amended by striking ‘‘calendar years 
2009 and 2010’’ and inserting ‘‘calendar years 2011 and 
2012’’. 
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SEC. 1107. WAIVER OF CERTAIN PAY LIMITATIONS. 
Section 9903(d) of title 5, United States Code, is 
amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) An employee appointed under this section is not 
eligible for any bonus, monetary award, or other monetary 
incentive for service, except for— 
‘‘(A) payments authorized under this section; 
and 
‘‘(B) in the case of an employee who is assigned 
in support of a contingency operation (as defined in 
section 101(a)(13) of title 10), allowances and any 
other payments authorized under chapter 59.’’; and 
(2) in paragraph (3), by adding at the end the 
following: ‘‘In computing an employee’s total annual 
compensation for purposes of the preceding sentence, 
any payment referred to in paragraph (2)(B) shall be 
excluded.’’. 
SEC. 1108. SERVICES OF POST-COMBAT CASE COORDINA-
TORS. 
(a) IN GENERAL.—Chapter 79 of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘§ 7906. Services of post-combat case coordinators 
‘‘(a) DEFINITIONS.—For purposes of this section— 
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‘‘(1) the terms ‘employee’, ‘agency’, ‘injury’, 
‘war-risk hazard’, and ‘hostile force or individual’ 
have the meanings given those terms in section 8101; 
and 
‘‘(2) the term ‘qualified employee’ means an em-
ployee as described in subsection (b). 
‘‘(b) REQUIREMENT.—The head of each agency shall, 
in a manner consistent with the guidelines prescribed under 
subsection (c), provide for the assignment of a post-combat 
case coordinator in the case of any employee of such agency 
who suffers an injury or disability incurred, or an illness 
contracted, while in the performance of such employee’s du-
ties, as a result of a war-risk hazard or during or as a 
result of capture, detention, or other restraint by a hostile 
force or individual. 
‘‘(c) GUIDELINES.—The Office of Personnel Manage-
ment shall, after such consultation as the Office considers 
appropriate, prescribe guidelines for the operation of this 
section. Under the guidelines, the responsibilities of a post- 
combat case coordinator shall include— 
‘‘(1) acting as the main point of contact for 
qualified employees seeking administrative guidance 
or assistance relating to benefits under chapter 81 or 
89; 
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‘‘(2) assisting qualified employees in the collec-
tion of documentation or other supporting evidence 
for the expeditious processing of claims under chapter 
81 or 89; 
‘‘(3) assisting qualified employees in connection 
with the receipt of prescribed medical care and the co-
ordination of benefits under chapter 81 or 89; 
‘‘(4) resolving problems relating to the receipt of 
benefits under chapter 81 or 89; and 
‘‘(5) ensuring that qualified employees are prop-
erly screened and receive appropriate treatment— 
‘‘(A) for post-traumatic stress disorder or 
other similar disorder stemming from combat 
trauma; or 
‘‘(B) for suicidal or homicidal thoughts or 
behaviors. 
‘‘(d) DURATION.—The services of a post-combat case 
coordinator shall remain available to a qualified employee 
until— 
‘‘(1) such employee accepts or declines a reason-
able offer of employment in a position in the employ-
ee’s agency for which the employee is qualified, which 
is not lower than 2 grades (or pay levels) below the 
employee’s grade (or pay level) before the occurrence 
or onset of the injury, disability, or illness (as re-
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ferred to in subsection (a)), and which is within the 
employee’s commuting area; or 
‘‘(2) such employee gives written notice, in such 
manner as the employing agency prescribes, that those 
services are no longer desired or necessary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 79 of title 5, United States Code, is amended by 
adding after the item relating to section 7905 the following: 
‘‘7906. Services of post-combat case coordinators.’’. 
SEC. 1109. AUTHORITY TO WAIVE RECOVERY OF CERTAIN 
PAYMENTS MADE UNDER CIVILIAN EMPLOY-
EES 
VOLUNTARY 
SEPARATION 
INCENTIVE 
PROGRAM. 
(a) WAIVER AUTHORITY.—Subject to subsection (c), 
the Secretary of Defense may waive the requirement under 
subsection (f)(6)(B) of section 9902 of title 5, United States 
Code, for repayment to the Department of Defense of a vol-
untary separation incentive payment made under sub-
section (f)(1) of such section 9902 in the case of an employee 
or former employee of the Department of Defense described 
in subsection (b). 
(b) PERSONS COVERED.—Subsection (a) applies to 
any employee or former employee of the Department of De-
fense who— 
(1) during the period beginning on April 1, 
2004, and ending on March 1, 2008, received a vol-
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untary separation incentive payment under section 
9902(f)(1) of title 5, United States Code; 
(2) during the period beginning on June 1, 2004, 
and ending on May 1, 2008, was reappointed to a po-
sition in the Department of Defense to support a de-
clared national emergency related to terrorism or a 
natural disaster; and 
(3) as determined by the Secretary of Defense— 
(A) before accepting the reappointment re-
ferred to in paragraph (2), received a written 
representation from an officer or employee of the 
Department of Defense that recovery of the 
amount of the payment referred to in paragraph 
(1) would not be required or would be waived; 
and 
(B) reasonably relied on that representation 
in accepting the reappointment. 
(c) REQUIRED DETERMINATION.—The Secretary of 
Defense may grant a waiver under subsection (a) only if 
the Secretary determines that recovery of the payment in-
volved would be against equity and good conscience or 
would be contrary to the best interests of the United States. 
(d) DISCRETIONARY AUTHORITY.—In the case of an 
employee or former employee who is described in subsection 
(b), and who, before the date of enactment of this Act, repaid 
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any amount of a voluntary separation incentive payment 
made under section 9902(f)(1) of title 5, United States 
Code, the Secretary of Defense may grant a waiver in ac-
cordance with the subsections (a) through (c) and make a 
refund, out of any appropriation or fund available for that 
purpose, of any portion of such amount which the Secretary 
in his sole discretion considers appropriate. 
SEC. 1110. EXTENSION OF CONTINUED HEALTH BENEFITS. 
Section 8905a(d)(4)(B) of title 5, United States Code, 
is amended— 
(1) by striking ‘‘December 31, 2011’’ each place 
it appears and inserting ‘‘December 31, 2016’’; and 
(2) in clause (ii), by striking ‘‘February 1, 
2012’’ and inserting ‘‘February 1, 2017’’. 
SEC. 1111. AUTHORITY TO WAIVE MAXIMUM AGE LIMIT FOR 
CERTAIN APPOINTMENTS. 
Section 3307(e) of title 5, United States Code, is 
amended— 
(1) by striking ‘‘(e) The’’ and inserting ‘‘(e)(1) 
Except as provided in paragraph (2), the’’; and 
(2) by adding at the end the following: 
‘‘(2)(A) In the case of the conversion of an agency func-
tion from performance by a contractor to performance by 
an employee of the agency, the head of the agency may 
waive any maximum limit of age, determined or fixed for 
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positions within such agency under paragraph (1), if nec-
essary in order to promote the recruitment or appointment 
of experienced personnel. 
‘‘(B) For purposes of this paragraph— 
‘‘(i) the term ‘agency’ means the Department of 
Defense or a military department; and 
‘‘(ii) the term ‘head of the agency’ means the 
Secretary of Defense or the Secretary of a military 
department.’’. 
SEC. 1112. SENSE OF CONGRESS RELATING TO PAY PARITY 
FOR FEDERAL EMPLOYEES SERVING AT CER-
TAIN REMOTE MILITARY INSTALLATIONS. 
It is the sense of Congress that the Secretary of Defense 
and the Director of the Office of Personnel Management 
should develop procedures for determining locality pay for 
employees of the Department of Defense in circumstances 
that may be unique to such employees, such as the assign-
ment of employees to a military installation so remote from 
the nearest established communities or suitable places of res-
idence as to handicap significantly the recruitment or re-
tention of well qualified individuals, due to the difference 
between the cost of living at the post of assignment and the 
cost of living in the locality or localities where such employ-
ees generally reside. 
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SEC. 1113. REPORTS BY OFFICE OF SPECIAL COUNSEL. 
(a) IN GENERAL.—Section 1213(e) of title 5, United 
States Code, is amended by striking paragraphs (3) and 
(4) and inserting the following: 
‘‘(3) The Special Counsel shall transmit to the Presi-
dent and the congressional committees with jurisdiction 
over the agency which the disclosure (referred to in sub-
section (a)) involves— 
‘‘(A) a concise summary of any report received 
from such agency under subsection (c) in connection 
with such disclosure; or 
‘‘(B) if a report is not received within the time 
prescribed in subsection (c)(2), written notice to that 
effect. 
The Special Counsel may include, as part of any trans-
mission under subparagraph (A) or (B), any additional in-
formation or documentation which the Special Counsel con-
siders appropriate.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply in the case of any agency report 
which is due or received by the Office of Special Counsel 
after the end of the 30-day period beginning on the date 
of the enactment of this Act. 
SEC. 1114. DISCLOSURE OF SENIOR MENTORS. 
(a) REQUIREMENT TO DISCLOSE NAMES OF SENIOR 
MENTORS.—The Secretary of Defense shall disclose the 
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names of senior mentors serving in the Department of De-
fense by publishing a list of the names on the publicly avail-
able website of the Department of Defense. The list shall 
be updated at least quarterly. 
(b) SENIOR MENTOR DEFINED.—In this section, the 
term ‘‘senior mentor’’ has the meaning provided in the 
memorandum from the Secretary of Defense relating to pol-
icy on senior mentors, dated April 1, 2010. 
TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS 
Subtitle A—Assistance and 
Training 
SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF 
SPECIAL 
OPERATIONS 
TO 
COMBAT 
TER-
RORISM. 
(a) AUTHORITY.—Subsection (a) of section 1208 of the 
Ronald W. Reagan National Defense Authorization Act for 
Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2086), 
as most recently amended by section 1201 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4385), is further amended 
by striking ‘‘$45,000,000’’ and inserting ‘‘$50,000,000’’. 
(b) EXTENSION.—Subsection (h) of such section, as 
most recently amended by section 1208(c) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
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549 
2009 (Public Law 110–417; 122 Stat. 4626), is further 
amended by striking ‘‘2013’’ and inserting ‘‘2014’’. 
(c) BRIEFING AND REPORT.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall provide to the Committees on Armed Serv-
ices of the Senate and House of Representatives a briefing 
and a report that outlines future requirements for the au-
thorities contained in section 1208 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 
(Public Law 108–375; 118 Stat.2086) (as amended by this 
section), authorities similar to the authorities contained in 
section 1208 of such Act, and authorities to support special 
operations counterterrorism, unconventional warfare, and 
irregular warfare in anticipation of and preparation for 
the expiration of the authorities under section 1208 of such 
Act at the end of fiscal year 2014. 
SEC. 1202. MODIFICATION AND EXTENSION OF AUTHORI-
TIES RELATING TO PROGRAM TO BUILD THE 
CAPACITY OF FOREIGN MILITARY FORCES. 
(a) LIMITATIONS.— 
(1) IN GENERAL.—Subsection (c) of section 1206 
of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 3456), as 
most recently amended by section 1207(a) of the Ike 
Skelton National Defense Authorization Act for Fiscal 
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Year 2011 (Public Law 111–383; 124 Stat. 4389), is 
further amended— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$350,000,000’’ and inserting ‘‘$400,000,000’’; 
and 
(B) in paragraph (5)— 
(i) by striking ‘‘and not more than’’ 
and inserting ‘‘not more than’’; and 
(ii) by inserting after ‘‘fiscal year 
2012’’ the following: ‘‘, and not more than 
$150,000,000 may be used during fiscal 
year 2013’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply with respect to 
programs under subsection (a) of such section that 
begin on or after that date. 
(b) REPORT.—Subsection (f) of such section is amend-
ed to read as follows: 
‘‘(f) REPORT.— 
‘‘(1) IN GENERAL.—The President shall transmit 
to the congressional committees specified in subsection 
(e)(3), as part of the supporting materials of the an-
nual congressional budget justification, a report on 
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the implementation of this section for the prior fiscal 
year. 
‘‘(2) MATTERS TO BE INCLUDED.—The report re-
quired under paragraph (1) shall include the fol-
lowing: 
‘‘(A) In the case of a program or programs 
to build the capacity of a foreign country’s na-
tional military forces or maritime security forces 
to conduct counterterrorism operations, the ex-
tent to which the nature of the potential or ac-
tual terrorist threat is consistently and com-
prehensively verified by the Secretary of Defense 
prior to initiating a program or programs. 
‘‘(B) The extent to which foreign countries 
participate in the preparation of a program or 
programs under this section, to include the devel-
opment of a full concept of operations for the 
program or programs under this section. 
‘‘(C) The extent to which proposal submis-
sions of foreign countries evaluate the commit-
ment and capability of foreign countries to im-
plement a program or programs under this sec-
tion or otherwise identify specific funds nec-
essary for sustainment of a program or pro-
grams under this section. 
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‘‘(D) A statement of current policies, re-
sponsibilities, procedures, and reporting require-
ments that assist with the conduct or support of 
a program or programs under this section. 
‘‘(E) The extent to which United States em-
bassies and security assistance officers with re-
sponsibility for conducting or supporting a pro-
gram or programs under this section are able to 
track actual obligation and expenditures of 
funds, funds rendered unavailable for obligation, 
and other financial data similar to data re-
quired by the financial management system for 
the Foreign Military Sales program. 
‘‘(F) The extent to which the United States 
Government has developed and implemented spe-
cific plans to monitor and evaluate outcomes of 
a program or programs under this section.’’. 
(c) ONE-YEAR
EXTENSION
OF
AUTHORITY.—Sub-
section (g) of such section, as most recently amended by sec-
tion 1207(b) of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383; 124 
Stat. 4389), is further amended by— 
(1) by striking ‘‘September 30, 2012’’ and insert-
ing ‘‘September 30, 2013’’ ; and 
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553 
(2) by striking ‘‘fiscal years 2006 through 2012’’ 
and inserting ‘‘fiscal years 2006 through 2013’’. 
SEC. 1203. FIVE-YEAR EXTENSION OF AUTHORIZATION FOR 
NON-CONVENTIONAL 
ASSISTED 
RECOVERY 
CAPABILITIES. 
Section 943(h) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 State. 4579) is amended by striking ‘‘2011’’ and 
inserting ‘‘2016’’. 
Subtitle B—Matters Relating to 
Iraq, Afghanistan, and Pakistan 
SEC. 1211. AUTHORITY TO ESTABLISH A PROGRAM TO DE-
VELOP AND CARRY OUT INFRASTRUCTURE 
PROJECTS IN AFGHANISTAN. 
Section 1217(f) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4393; 22 U.S.C. 7513 note) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘The’’ and inserting ‘‘Sub-
ject to paragraph (2), the’’; 
(B) by striking ‘‘$400,000,000’’ and insert-
ing ‘‘$475,000,000’’; and 
(C) by striking ‘‘fiscal year 2011’’ and in-
serting ‘‘fiscal year 2012’’; 
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554 
(2) by redesignating paragraph (2) as para-
graph (3); 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) LIMITATION.—The Secretary of Defense 
may use not more than 85 percent of the amount 
specified in paragraph (1) to carry out the program 
authorized under subsection (a) until the Secretary of 
Defense, in consultation with the Secretary of State, 
submits to the appropriate congressional committees a 
plan for the allocation and use of funds under the 
program for fiscal year 2012.’’; and 
(4) in paragraph (3) (as redesignated), by strik-
ing ‘‘September 30, 2012’’ and inserting ‘‘September 
30, 2013’’. 
SEC. 1212. COMMANDERS’ EMERGENCY RESPONSE PRO-
GRAM IN AFGHANISTAN. 
(a) AUTHORITY FOR FISCAL YEAR 2012.—During fis-
cal year 2012, from funds made available to the Depart-
ment of Defense for operation and maintenance, not to ex-
ceed $425,000,000 may be used by the Secretary of Defense 
in such fiscal year to provide funds for the Commanders’ 
Emergency Response Program in Afghanistan. 
(b) QUARTERLY REPORTS AND BRIEFINGS.— 
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(1) QUARTERLY REPORTS.—Not later than 30 
days after the end of each fiscal year quarter of fiscal 
year 2012, the Secretary of Defense shall submit to 
the congressional defense committees a report regard-
ing the source of funds and the allocation and use of 
funds during that quarter that were made available 
pursuant to the authority provided in this section or 
under any other provision of law for the purposes of 
the program under subsection (a). 
(2) FORM.—Each report required under para-
graph (1) shall be submitted, at a minimum, in a 
searchable electronic format that enables the congres-
sional defense committees to sort the report by 
amount expended, location of each project, type of 
project, or any other field of data that is included in 
the report. 
(3) BRIEFINGS.—Not later than 15 days after 
the submission of each report required under para-
graph (1), appropriate officials of the Department of 
Defense shall meet with the congressional defense com-
mittees to brief such committees on the matters con-
tained in the report. 
(c) SUBMISSION OF GUIDANCE.— 
(1) INITIAL
SUBMISSION.—Not later than 30 
days after the date of the enactment of this Act, the 
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556 
Secretary of Defense shall submit to the congressional 
defense committees a copy of the guidance issued by 
the Secretary to the Armed Forces concerning the allo-
cation of funds through the Commanders’ Emergency 
Response Program in Afghanistan. 
(2) MODIFICATIONS.—If the guidance in effect 
for the purpose stated in paragraph (1) is modified, 
the Secretary shall submit to the congressional defense 
committees a copy of the modification not later than 
15 days after the date on which the Secretary makes 
the modification. 
(d) WAIVER AUTHORITY.—For purposes of exercising 
the authority provided by this section or any other provi-
sion of law making funding available for the Commanders’ 
Emergency Response Program in Afghanistan, the Sec-
retary of Defense may waive any provision of law not con-
tained in this section that would (but for the waiver) pro-
hibit, restrict, limit, or otherwise constrain the exercise of 
that authority. 
(e) RESTRICTION ON AMOUNT OF PAYMENTS.—Funds 
made available under this section for the Commanders’ 
Emergency Response Program in Afghanistan may not be 
obligated or expended to carry out any project if the total 
amount of funds made available for the purpose of carrying 
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557 
out the project, including any ancillary or related elements 
of the project, exceeds $20,000,000. 
(f) NOTIFICATION.—Not less than 15 days before obli-
gating or expending funds made available under this sec-
tion for the Commanders’ Emergency Response Program in 
Afghanistan for a project in Afghanistan with a total an-
ticipated cost of $5,000,000 or more, the Secretary of De-
fense shall submit to the congressional defense committees 
a written notice containing the following information: 
(1) The location, nature, and purpose of the pro-
posed project, including how the project is intended to 
advance the military campaign plan for Afghanistan. 
(2) The budget and implementation timeline for 
the proposed project, including any other funding 
under the Commanders’ Emergency Response Pro-
gram in Afghanistan that has been or is anticipated 
to be contributed to the completion of the project. 
(3) A plan for the sustainment of the proposed 
project, including any agreement with either the Gov-
ernment of Afghanistan, a department or agency of 
the United States Government other than the Depart-
ment of Defense, or a third party contributor to fi-
nance the sustainment of the activities and mainte-
nance of any equipment or facilities to be provided 
through the proposed project. 
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558 
(g) DEFINITION.— In this section, the term ‘‘Com-
manders’ Emergency Response Program in Afghanistan’’ 
means the program that— 
(1) authorizes United States military com-
manders in Afghanistan to carry out small-scale 
projects designed to meet urgent humanitarian relief 
requirements or urgent reconstruction requirements 
within their areas of responsibility; and 
(2) provides an immediate and direct benefit to 
the people of Afghanistan. 
(h) CONFORMING AMENDMENT.—Section 1202 of the 
National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 119 Stat. 3455), as most recently 
amended by section 1212 of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 124 Stat. 4389), is hereby repealed. 
SEC. 1213. EXTENSION OF AUTHORITY FOR REIMBURSE-
MENT OF CERTAIN COALITION NATIONS FOR 
SUPPORT 
PROVIDED 
TO 
UNITED 
STATES 
MILITARY OPERATIONS. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of sec-
tion 1233 of the National Defense Authorization Act for Fis-
cal Year 2008 (Public Law 110–181; 122 Stat. 393), as 
most recently amended by section 1213 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 
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559 
(Public Law 111–383; 124 Stat. 4391), is further amended 
by striking ‘‘section 1510 of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011’’ and inserting 
‘‘section 1504 of the National Defense Authorization Act for 
Fiscal Year 2012’’. 
(b) LIMITATION ON AMOUNT.—Subsection (d)(1) of 
such section, as so amended, is further amended in the sec-
ond sentence by striking ‘‘fiscal year 2010 or 2011’’ and 
inserting ‘‘fiscal year 2010, 2011, or 2012’’. 
(c) EXTENSION OF NOTICE REQUIREMENT RELATING 
TO REIMBURSEMENT OF PAKISTAN FOR SUPPORT PRO-
VIDED BY PAKISTAN.—Section 1232(b)(6) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 393), as most recently amended 
by section 1213 of the Ike Skelton National Defense Author-
ization Act for Fiscal Year 2011 (Public Law 111–383; 124 
Stat. 4391), is further amended by striking ‘‘September 30, 
2012’’ and inserting ‘‘September 30, 2013’’. 
SEC. 1214. EXTENSION AND MODIFICATION OF PAKISTAN 
COUNTERINSURGENCY FUND. 
(a) IN GENERAL.—Section 1224(h) of the National De-
fense Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2521), as amended by section 1220 of 
the Ike Skelton National Defense Authorization Act for Fis-
cal Year 2011 (Public Law 111–383; 124 Stat. 4395), is 
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560 
further amended by striking ‘‘September 30, 2011’’ both 
places it appears and inserting ‘‘September 30, 2012’’. 
(b) LIMITATION ON FUNDS SUBJECT TO REPORT AND 
UPDATES.— 
(1) 
LIMITATION
ON
FUNDS; 
REPORT
RE-
QUIRED.— 
(A) IN GENERAL.—Of the amounts appro-
priated or transferred to the Pakistan Counter-
insurgency Fund (hereafter in this subsection re-
ferred to as the ‘‘Fund’’) for any fiscal year after 
fiscal year 2011, not more than 25 percent of 
such amounts may be obligated or expended 
until such time as the Secretary of Defense, with 
the concurrence of the Secretary of State, submits 
to the appropriate congressional committees a re-
port on the strategy to utilize the Fund and the 
metrics used to determine progress with respect 
to the Fund. 
(B) MATTER TO BE INCLUDED.—Such re-
port shall include, at a minimum, the following: 
(i) A discussion of United States stra-
tegic objectives in Pakistan. 
(ii) A listing of the terrorist or extrem-
ist organizations in Pakistan opposing 
United States goals in the region and 
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561 
against which the United States encourages 
Pakistan to take action. 
(iii) A discussion of the gaps in capa-
bilities of Pakistani security units that 
hampers the ability of the Government of 
Pakistan to take action against the organi-
zations listed in clause (ii). 
(iv) A discussion of how assistance 
provided utilizing the Fund will address the 
gaps in capabilities listed in clause (iii). 
(v) A discussion of other efforts under-
taken by other United States Government 
departments and agencies to address the 
gaps in capabilities listed in clause (iii) or 
complementary activities of the Department 
of Defense and how those efforts are coordi-
nated with the activities undertaken to uti-
lize the Fund. 
(vi) Metrics that will be used to track 
progress in achieving the United States 
strategic objectives in Pakistan, to track 
progress of the Government of Pakistan in 
combating the organizations listed in clause 
(ii), and to address the gaps in capabilities 
listed in clause (iii). 
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562 
(2) ANNUAL UPDATE REQUIRED.—For any fiscal 
year in which amounts in the Fund are requested to 
be made available to the Secretary of Defense, the Sec-
retary of Defense, with the concurrence of the Sec-
retary of State, shall submit to the appropriate con-
gressional committees, at the same time that the 
President’s budget is submitted pursuant to section 
1105(a) of title 31, United States Code, an update of 
the report required under paragraph (1). 
(3) FORM.—The report required under para-
graph (1) and the update required under paragraph 
(2) shall be submitted in unclassified form, but may 
contain a classified annex as necessary. 
(4) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs 
of the House of Representatives. 
(c) QUARTERLY REPORTS.— 
(1) IN
GENERAL.—Section 1224(f) of the Na-
tional Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2522) is amended— 
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563 
(A) by striking ‘‘Not later’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Not later’’; and 
(B) by adding at the end the following: 
‘‘(2) MATTERS TO BE INCLUDED.—The Secretary 
of Defense, with the concurrence with the Secretary of 
State, shall include in the report required under 
paragraph (1) the following: 
‘‘(A) A discussion of progress in achieving 
United States strategic objectives in Pakistan 
during such fiscal quarter, utilizing metrics used 
to track progress in achieving such strategic ob-
jectives. 
‘‘(B) A discussion of progress made by pro-
grams supported from amounts in the Fund dur-
ing such fiscal quarter.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) take effect on the date of the enact-
ment of this Act and apply with respect to each re-
port required to be submitted under section 1224(f) of 
the National Defense Authorization Act for Fiscal 
Year 2010 for any fiscal year after fiscal year 2011. 
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564 
SEC. 1215. REPORT ON EXTENSION OF UNITED STATES- 
IRAQ STATUS OF FORCES AGREEMENT. 
(a) REPORT ON EXTENSION OF AGREEMENT.—Not 
later than 10 days after completion of any agreement be-
tween the United States Government and the Government 
of Iraq that would retain a United States force presence 
in Iraq greater than the force presence envisioned for the 
Office of Security Cooperation-Iraq, the Secretary of De-
fense, in consultation with the Secretary of State, shall sub-
mit to the appropriate congressional committees a report 
on the terms of such agreement. 
(b) NOTIFICATION
AND REPORT
IN ABSENCE
OF 
AGREEMENT.— 
(1) IN GENERAL.—If, on December 31, 2011, no 
agreement between the United States Government and 
the Government of Iraq described in subsection (a) 
has been completed, the Secretary of Defense shall 
provide written notification to the congressional de-
fense committees that no such agreement has been 
completed and shall submit to the appropriate con-
gressional committees the report required under para-
graph (2) not later than January 31, 2012. 
(2) REPORT.—The report referred to in para-
graph (1) is a report that— 
(A) describes the capability gaps of the 
Iraqi Security Forces, in classified and unclassi-
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565 
fied form, including capability gaps relating to 
intelligence matters, protection of Iraqi airspace, 
and logistics and maintenance; and 
(B) describes how the programs of the Office 
of Security Cooperation-Iraq and other United 
States programs, such as the Foreign Military 
Financing program, the Foreign Military Sales 
program, and joint training exercises, will ad-
dress the capability gaps of the Iraqi Security 
Forces, as described in subparagraph (A), should 
the Government of Iraq request such assistance. 
(3) UPDATES.—The Secretary of Defense shall 
submit to the appropriate congressional committees, 
at the same time that the President’s budget is sub-
mitted pursuant to section 1105(a) of title 31, United 
States Code, for each of the fiscal years 2014 and 
2015 an update of the report required under para-
graph (2). The requirement to submit updates under 
this paragraph shall terminate on the date on which 
the Secretary of Defense submits to the congressional 
defense committees the report required under sub-
section (a). 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
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566 
(1) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
SEC. 1216. AUTHORITY TO SUPPORT OPERATIONS AND AC-
TIVITIES OF THE OFFICE OF SECURITY CO-
OPERATION IN IRAQ. 
(a) AUTHORITY.—The Secretary of Defense is author-
ized to support operations and activities of the Office of 
Security Cooperation in Iraq (OSC-I) in order to carry out 
United States Government transition activities in Iraq, in-
cluding life support, transportation and personal security, 
and facilities renovation and construction activities. 
(b) LIMITATION.—The authority contained in sub-
section (a) may not be exercised to pay the salaries and 
expenses of personnel of the Department of State. 
(c) FUNDING.—Amounts authorized to be appropriated 
by section 301 and available for operation and maintenance 
for the Air Force, as specified in the funding table in section 
4301, may be used to carry out this section. 
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567 
Subtitle C—Reports and Other 
Matters 
SEC. 1221. REVIEW AND REPORT ON IRAN’S AND CHINA’S 
CONVENTIONAL AND ANTI-ACCESS CAPABILI-
TIES. 
(a) REVIEW.—The Secretary of Defense shall direct an 
appropriate entity outside the Department of Defense to 
conduct an independent review of the following: 
(1) The gaps between Iran’s conventional and 
anti-access capabilities and United States’ capabili-
ties to overcome them. 
(2) The gaps between China’s anti-access capa-
bilities and United States’ capabilities to overcome 
them. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 270 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the appropriate congressional 
committees a report that contains the review con-
ducted under subsection (a). 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the congressional defense committees; 
and 
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(B) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs 
of the House of Representatives. 
(c) ADDITIONAL TO OTHER REPORTS, ETC.—The re-
view conducted under subsection (a) and the report required 
under subsection (b) are in addition to the report required 
under section 1238 of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 111–383; 
124 Stat. 4402) and the strategy and briefings required 
under section 1243 of such Act (Public Law 111–383; 124 
Stat. 4405). 
(d) DEFINITION.—In this section, the term ‘‘anti-ac-
cess’’ has the meaning given the term in section 1238(f) of 
the Ike Skelton National Defense Authorization Act for Fis-
cal Year 2011 (Public Law 111–383; 124 Stat. 4403). 
SEC. 1222. REPORT AND CONSULTATION ON ENERGY SECU-
RITY OF NATO ALLIANCE. 
(a) FINDINGS.—Congress finds the following: 
(1) Adopted in Lisbon in November 2010, the 
new North Atlantic Treaty Organization (NATO) 
Strategic Concept declares that ‘‘All countries are in-
creasingly reliant on the vital communication, trans-
port and transit routes on which international trade, 
energy security and prosperity depend. They require 
greater international efforts to ensure their resilience 
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against attack or disruption. Some NATO countries 
will become more dependent on foreign energy sup-
pliers and in some cases, on foreign energy supply 
and distribution networks for their energy needs. As 
a larger share of world consumption is transported 
across the globe, energy supplies are increasingly ex-
posed to disruption.’’. 
(2) The new NATO Strategic Concept further de-
clares that, ‘‘to deter and defend against any threat 
to the safety and security of our populations’’, the 
NATO alliance will, ‘‘develop the capacity to con-
tribute to energy security, including protection of 
critical energy infrastructure and transit areas and 
lines, cooperation with partners, and consultations 
among Allies on the basis of strategic assessments and 
contingency planning.’’. 
(b) REPORT.— 
(1) ASSESSMENT.—The Secretary of Defense 
shall direct a federally funded research and develop-
ment center of the Department of Defense to conduct 
an assessment of the energy security of the NATO al-
liance. 
(2) REPORT.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Secretary of State, 
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shall submit to the specified congressional committees 
a detailed report on the assessment conducted pursu-
ant to paragraph (1). 
(3) CONTENTS.—The report required under 
paragraph (2) shall include the following: 
(A) A listing of the extent to which each 
NATO member country is dependent on a single 
oil or natural gas supplier or distribution net-
work. Such listing shall be expressed in terms of 
a percentage basis. 
(B) A description of potential adverse effects 
of oil or natural gas price shortages or price 
spikes on those NATO member countries that are 
most dependent on a single oil or natural gas 
supplier or distribution network and on United 
States Armed Forces based in Europe, including 
effects on the military and defensive capabilities 
of such countries. 
(C) A description of potential risks posed to 
NATO member countries, including NATO mem-
ber countries in Eastern Europe, and to United 
States Armed Forces based in Europe, by the rel-
ative lack of easy access to the spot market for 
natural gas. 
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(D) A description of the extent to which the 
United States military, in conjunction with the 
militaries of NATO member countries, could re-
spond to and mitigate the energy security risk to 
NATO member countries and to United States 
Armed Forces based on Europe posed by the 
threat of a deliberate disruption of the supply of 
oil or natural gas, and the relative challenges 
and cost of such a response, including for trans-
porting oil and natural gas over land after deliv-
ery by sea to the port of a NATO member coun-
try. 
(E) A set of recommendations for available 
options to NATO member countries that are 
most dependent on a single oil or natural gas 
supplier or distribution network to avoid such 
dependency, and the potential benefits of in-
creased pipelines within Europe to give Eastern 
European countries access to the spot market for 
natural gas in the event of a supply interrup-
tion. 
(F) A description of all supply interrup-
tions of natural gas to NATO member countries 
over the past 20 years. 
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572 
(G) An analysis of the threats posed by sup-
ply interruptions, whether accidental, unauthor-
ized or deliberate, to energy distribution infra-
structure and transit areas and lines to NATO 
member countries most dependent on a single oil 
or natural gas supplier or distribution network 
and to United States Armed Forces based in Eu-
rope, including from events such as potential 
natural disasters or terrorist attacks, and the 
adequacy of the Department of Defense’s current 
contingency plans to respond to such interrup-
tions. 
(H) A description of how NATO’s military 
capability might be adversely affected if a major 
oil or natural gas supplier or distribution net-
work were to deliberately disrupt the supply of 
oil or natural gas. 
(I) An analysis of whether and how major 
suppliers of oil and natural gas to NATO mem-
ber countries in Europe have used their energy 
markets to influence European political affairs, 
and the potential of such actions to undermine 
the long-term solidarity and future of the NATO 
alliance. 
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589 
‘‘§ 130g. International agreements relating to missile 
defense 
‘‘(a) IN GENERAL.—In accordance with the under-
standing under subsection (b)(1)(B) of the Resolution of Ad-
vice and Consent to Ratification of the New START Treaty 
of the Senate, any agreement with a country or inter-
national organization or amendment to the New START 
Treaty (including an agreement made by the Bilateral Con-
sultative Commission established by the New START Trea-
ty) concerning the limitation of the missile defense capabili-
ties of the United States shall not be binding on the United 
States, and shall not enter into force with respect to the 
United States, unless after the date of the enactment of this 
section, such agreement or amendment is— 
‘‘(1) specifically approved with the advice and 
consent of the Senate pursuant to Article II, section 
2, clause 2 of the Constitution; or 
‘‘(2) specifically authorized by an Act of Con-
gress. 
‘‘(b) ANNUAL NOTIFICATION.—Not later than January 
31 of each year, beginning in 2012, the President shall sub-
mit to the congressional defense committees and the Com-
mittee on Foreign Relations of the Senate and the Com-
mittee on Foreign Affairs of the House of Representatives 
a notification of— 
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