337 
concerned shall provide written notice of the enrollment 
to the member. 
‘‘(3) The enrollment of a dependent of the member 
may be terminated by the member or the dependent at 
any time.’’. 
SEC. 713. COOPERATIVE HEALTH CARE AGREEMENTS BE-
TWEEN THE MILITARY DEPARTMENTS AND 
NON-MILITARY HEALTH CARE ENTITIES. 
(a) AUTHORITY.—In addition to the authority of the 
Secretary of Defense under section 713 of the National 
Defense Authorization Act of 2010 (10 U.S.C. 1073 note), 
the Secretary of each military department may establish 
cooperative health care agreements between military in-
stallations and local or regional health care entities. 
(b) REQUIREMENTS.—In establishing an agreement 
under subsection (a), the Secretary concerned shall— 
(1) consult with— 
(A) representatives from the military in-
stallation selected for the agreement, including 
the TRICARE managed care support con-
tractor with responsibility for such installation; 
and 
(B) Federal, State, and local government 
officials;
338 
(2) identify and analyze health care services 
available in the area in which the military installa-
tion is located, including such services available at a 
military medical treatment facility or in the private 
sector (or a combination thereof); 
(3) determine the cost avoidance or savings re-
sulting from innovative partnerships between the 
military department concerned and the private sec-
tor; and 
(4) determine the opportunities for and barriers 
to coordinating and leveraging the use of existing 
health care resources, including such resources of 
Federal, State, local, and private entities. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as authorizing the provision of 
health care services at military medical treatment facilities 
or other facilities of the Department of Defense to individ-
uals who are not otherwise entitled or eligible for such 
services under chapter 55 of title 10, United States Code. 
(d) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘‘Secretary concerned’’ has the meaning 
given that term in section 101(a)(9) of title 10, United 
States Code.
339 
SEC. 714. REQUIREMENT TO ENSURE THE EFFECTIVENESS 
AND EFFICIENCY OF HEALTH ENGAGEMENTS. 
(a) IN GENERAL.—The Secretary of Defense, in co-
ordination with the Assistant Secretary of Defense for 
Health Affairs and the Uniformed Services University of 
the Health Sciences, shall develop a process to ensure that 
health engagements conducted by the Department of De-
fense are effective and efficient in meeting the national 
security goals of the United States. 
(b) PROCESS GOALS.—The Assistant Secretary of 
Defense for Health Affairs and the Uniformed Services 
University of the Health Sciences shall ensure that each 
process developed under subsection (a)— 
(1) assesses the operational mission capabilities 
of the health engagement; 
(2) uses the collective expertise of the Federal 
Government and non-governmental organizations to 
ensure collaboration and partnering activities; and 
(3) assesses the stability and resiliency of the 
host nation of such engagement. 
(c) PILOT PROGRAMS.—The Secretary of Defense, in 
coordination with the Uniformed Services University of 
Health Sciences, may conduct pilot programs to assess the 
effectiveness of any process developed under subsection (a) 
to ensure the applicability of the process to health engage-
ments conducted by the Department of Defense.
340 
SEC. 715. CLARIFICATION OF APPLICABILITY OF FEDERAL 
TORT CLAIMS ACT TO SUBCONTRACTORS EM-
PLOYED TO PROVIDE HEALTH CARE SERV-
ICES TO THE DEPARTMENT OF DEFENSE. 
Section 1089(a) of title 10, United States Code, is 
amended in the last sentence— 
(1) by striking ‘‘if the physician, dentist, nurse, 
pharmacist, or paramedical’’ and inserting ‘‘to such 
a physician, dentist, nurse, pharmacist, or para-
medical’’; 
(2) by striking ‘‘involved is’’; and 
(3) by inserting before the period at the end the 
following: ‘‘or a subcontract at any tier under such 
a contract’’. 
SEC. 716. PILOT PROGRAM ON INCREASED THIRD-PARTY 
COLLECTION 
REIMBURSEMENTS 
IN 
MILI-
TARY MEDICAL TREATMENT FACILITIES. 
(a) PILOT PROGRAM.— 
(1) IN GENERAL.—The Secretary of Defense, in 
coordination with the Secretaries of the military de-
partments, shall carry out a pilot program to assess 
the feasibility of using processes described in para-
graph (2) to increase the amounts collected under 
section 1095 of title 10, United States Code, from 
a third-party payer for charges for health care serv-
341 
ices incurred by the United States at a military 
medical treatment facility. 
(2) PROCESSES DESCRIBED.—The processes de-
scribed in this paragraph are revenue-cycle improve-
ment processes, including cash-flow management 
and accounts-receivable processes. 
(b) REQUIREMENTS.—In carrying out the pilot pro-
gram under subsection (a)(1), the Secretary shall— 
(1) identify and analyze the best practice op-
tions with respect to the processes described in sub-
section (a)(2) that are used in nonmilitary health 
care facilities; and 
(2) conduct a cost-benefit analysis to assess the 
pilot program, including an analysis of— 
(A) the different processes used in the 
pilot program; 
(B) the amount of third-party collections 
that resulted from such processes; 
(C) the cost to implement and sustain such 
processes; and 
(D) any other factors the Secretary deter-
mines appropriate to assess the pilot program. 
(c) LOCATIONS.—The Secretary shall carry out the 
pilot program under subsection (a)(1) at not less than two
342 
military installations of different military departments 
that meet the following criteria: 
(1) There is a military medical treatment facil-
ity that has inpatient and outpatient capabilities at 
the installation. 
(2) At least 40 percent of the military bene-
ficiary population residing in the catchment area 
surrounding the installation is potentially covered by 
a third-party payer (as defined in section 1095(h)(1) 
of title 10, United States Code). 
(d) DURATION.—The Secretary shall commence the 
pilot program under subsection (a)(1) by not later than 
270 days after the date of the enactment of this Act and 
shall carry out such program for three years. 
(e) REPORT.—Not later than 180 days after com-
pleting the pilot program under subsection (a)(1), the Sec-
retary shall submit to the congressional defense commit-
tees a report describing the results of the program, includ-
ing— 
(1) a comparison of— 
(A) the processes described in subsection 
(a)(2) that were used in the military medical 
treatment facilities participating in the pro-
gram; and
343 
(B) the third-party collection processes 
used by military medical treatment facilities not 
included in the program; 
(2) a cost analysis of implementing the proc-
esses described in subsection (a)(2) for third-party 
collections at military medical treatment facilities; 
and 
(3) an assessment of the program, including 
any recommendations to improve third-party collec-
tions. 
SEC. 717. PILOT PROGRAM FOR REFILLS OF MAINTENANCE 
MEDICATIONS FOR TRICARE FOR LIFE BENE-
FICIARIES THROUGH THE TRICARE MAIL- 
ORDER PHARMACY PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense shall 
conduct a pilot program to refill prescription maintenance 
medications for each TRICARE for Life beneficiary 
through the national mail-order pharmacy program under 
section 1074g(a)(2)(E)(iii) of title 10, United States 
Code. 
(b) MEDICATIONS COVERED.— 
(1) DETERMINATION.—The Secretary shall de-
termine the prescription maintenance medications 
included in the pilot program under subsection (a).
344 
(2) SUPPLY.—In carrying out the pilot program 
under subsection (a), the Secretary shall ensure that 
the medications included in the program are— 
(A) generally available to the TRICARE 
for Life beneficiary through retail pharmacies 
only for an initial filling of a 30-day or less 
supply; and 
(B) any refills of such medications are ob-
tained through the national mail-order phar-
macy program. 
(3) EXEMPTION.— The Secretary may exempt 
the following prescription maintenance medications 
from the requirements in paragraph (2): 
(A) Such medications that are for acute 
care needs. 
(B) Such other medications as the Sec-
retary determines appropriate. 
(c) NONPARTICIPATION.— 
(1) OPT
OUT.—The Secretary shall give 
TRICARE for Life beneficiaries who have been cov-
ered by the pilot program under subsection (a) for 
a period of one year an opportunity to opt out of 
continuing to participate in the program. 
(2) WAIVER.—The Secretary may waive the re-
quirement of a TRICARE for Life beneficiary to
345 
participate in the pilot program under subsection (a) 
if the Secretary determines, on an individual basis, 
that such waiver is appropriate. 
(d) TRICARE FOR LIFE BENEFICIARY DEFINED.— 
In this section, the term ‘‘TRICARE for Life beneficiary’’ 
means a TRICARE beneficiary enrolled in the Medicare 
wraparound coverage option of the TRICARE program 
made available to the beneficiary by reason of section 
1086(d) of title 10, United States Code. 
(e) REPORTS.—Not later than March 31 of each year 
beginning in 2014 and ending in 2018, the Secretary shall 
submit to the congressional defense committees a report 
on the pilot program under subsection (a), including the 
effects of offering incentives for the use of mail order 
pharmacies by TRICARE beneficiaries and the effect on 
retail pharmacies. 
(f) SUNSET.—The Secretary may not carry out the 
pilot program under subsection (a) after December 31, 
2017. 
SEC. 718. COST-SHARING RATES FOR PHARMACY BENEFITS 
PROGRAM OF THE TRICARE PROGRAM. 
(a) IN GENERAL.—Section 1074g(a)(6) of title 10, 
United States Code, is amended— 
(1) by amending subparagraph (A) to read as 
follows:
346 
‘‘(A) The Secretary, in the regulations prescribed 
under subsection (h), shall establish cost-sharing require-
ments under the pharmacy benefits program. In accord-
ance with subparagraph (C), such cost-sharing require-
ments shall consist of the following: 
‘‘(i) With respect to each supply of a prescrip-
tion covering not more than 30 days that is obtained 
by a covered beneficiary under the TRICARE retail 
pharmacy program— 
‘‘(I) in the case of generic agents, $5; 
‘‘(II) in the case of formulary agents, $17; 
and 
‘‘(III) in the case of nonformulary agents, 
$44. 
‘‘(ii) With respect to each supply of a prescrip-
tion covering not more than 90 days that is obtained 
by a covered beneficiary under the national mail- 
order pharmacy program— 
‘‘(I) in the case of generic agents, $0; 
‘‘(II) in the case of formulary agents, $13; 
and 
‘‘(III) in the case of nonformulary agents, 
$43.’’; and 
(2) by adding at the end the following new sub-
paragraph:
347 
‘‘(C) Beginning October 1, 2013, the Secretary may 
only increase in any year the cost-sharing amount estab-
lished under subparagraph (A) by an amount equal to the 
percentage by which retired pay is increased under section 
1401a of this title.’’. 
(b) EFFECTIVE DATE.—The cost-sharing require-
ments under section 1074g(a)(6)(A) of title 10, United 
States Code, as amended by subsection (a)(1), shall apply 
with respect to prescriptions obtained under the 
TRICARE pharmacy benefits program on or after October 
1, 2012. 
SEC. 719. REVIEW OF THE ADMINISTRATION OF THE MILI-
TARY HEALTH SYSTEM. 
Section 716(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1477) is amended by striking ‘‘until a 120-day pe-
riod’’ and all that follows through the period and inserting 
the following: ‘‘until the Secretary implements and com-
pletes any recommendations included in the report sub-
mitted by the Comptroller General of the United States 
under subsection (b)(3) and notifies the congressional de-
fense committees of such implementation and comple-
tion.’’.
348 
Subtitle C—Reports and Other 
Matters 
SEC. 721. EXTENSION OF COMPTROLLER GENERAL REPORT 
ON CONTRACT HEALTH CARE STAFFING FOR 
MILITARY MEDICAL TREATMENT FACILITIES. 
Section 726(a) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1480) is amended by striking ‘‘March 31, 2012’’ and in-
serting ‘‘March 31, 2013’’. 
SEC. 722. EXTENSION OF COMPTROLLER GENERAL REPORT 
ON WOMEN-SPECIFIC HEALTH SERVICES AND 
TREATMENT FOR FEMALE MEMBERS OF THE 
ARMED FORCES. 
Section 725(c) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1480) is amended by striking ‘‘December 31, 2012’’ and 
inserting ‘‘March 31, 2013’’. 
SEC. 723. ESTABLISHMENT OF TRICARE WORKING GROUP. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) children of members of the Armed Forces 
deserve health-care practices and policies that— 
(A) are designed to meet their pediatric- 
specific needs;
349 
(B) 
are 
developed 
and 
determined 
proactively and comprehensively; and 
(C) ensure and maintain their access to pe-
diatric-specific treatments, providers, and facili-
ties. 
(2) children’s health-care needs and standards 
of care are different and distinct from those of 
adults, therefore the TRICARE program should un-
dertake a proactive, comprehensive approach to re-
view and analyze its policies and practices to meet 
the needs of children to ensure that children and 
their families receive appropriate care in proper set-
tings and avoid unnecessary challenges in seeking or 
obtaining proper health care; 
(3) a proactive and comprehensive review is 
necessary because the reimbursement structure of 
the TRICARE program is patterned upon Medicare 
and the resulting policies and practices of the 
TRICARE program do not always properly reflect 
appropriate standards for pediatric care; 
(4) one distinct aspect of children’s health care 
is the need for specialty care and services for chil-
dren with special-health-care needs and chronic- 
health conditions;
350 
(5) the requirement for specialized health care 
and developmental support is an ongoing and serious 
matter of day-to-day life for families with children 
with special or chronic-health-care needs; 
(6) the Department of Defense and the 
TRICARE program, recognizing the special needs of 
certain children, have instituted special-needs pro-
grams, including the ECHO program, but there are 
collateral needs that are not being met, generally be-
cause the services are provided in the local commu-
nity rather than by the Department of Defense, who 
may not always have the best tools or knowledge to 
access these State and local resources; 
(7) despite wholehearted efforts by the Depart-
ment of Defense, a gap exists between linking mili-
tary families with children with special-health-care 
needs and chronic conditions with the resources and 
services available from local or regional highly spe-
cialized providers and the communities and States in 
which they reside; 
(8) the gap is especially exacerbated by the mo-
bility of military families, who often move from 
State to State, because special-needs health care, 
educational, and social services are very specific to
351 
each local community and State and such services 
often have lengthy waiting lists; and 
(9) the Department of Defense will be better 
able to assist military families with children with 
special-health-care needs fill the gap by collaborating 
with special-health-care needs providers and those 
knowledgeable about the opportunities for such chil-
dren that are provided by States and local commu-
nities. 
(b) ESTABLISHMENT.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall establish a working group to carry out a review 
of the TRICARE program with respect to— 
(A) pediatric health care needs under para-
graph (2); and 
(B) pediatric special and chronic health 
care needs under paragraph (3). 
(2) PEDIATRIC HEALTH CARE NEEDS.— 
(A) DUTIES.—The working group shall— 
(i) comprehensively review the policy 
and practices of the TRICARE program 
with respect to providing pediatric health 
care; 
(ii) recommend changes to such poli-
cies and practices to ensure that—
352 
(I) children receive appropriate 
care in an appropriate manner, at the 
appropriate time, and in an appro-
priate setting; and 
(II) access to care and treatment 
provided by pediatric providers and 
children’s hospitals remains available 
for families with children; and 
(iii) develop a plan to implement such 
changes. 
(B) REVIEW.—In carrying out the duties 
under subparagraph (A), the working group 
shall— 
(i) identify improvements in policies, 
practices, 
and 
administration 
of 
the 
TRICARE program with respect to pedi-
atric-specific health care and pediatric-spe-
cific healthcare settings; 
(ii) analyze the direct and indirect ef-
fects of the reimbursement policies and 
practices of the TRICARE program with 
respect to pediatric care and care provided 
in pediatric settings; 
(iii) consider case management pro-
grams with respect to pediatric complex
353 
and chronic care, including whether pedi-
atric specific programs are necessary; 
(iv) develop a plan to ensure that the 
TRICARE program addresses pediatric- 
specific health care needs on an on-going 
basis beyond the life of the working group; 
(v) consider how the TRICARE pro-
gram can work with the pediatric provider 
community to ensure access, promote com-
munication and collaboration, and optimize 
experiences of military families seeking and 
receiving health care services for children; 
and 
(vi) review matters that further the 
mission of the working group. 
(3) PEDIATRIC SPECIAL AND CHRONIC HEALTH 
CARE NEEDS.— 
(A) DUTIES.—The working group shall— 
(i) review the methods in which fami-
lies in the TRICARE program who have 
children with special-health-care needs ac-
cess community resources and health-care 
resources; 
(ii) review how having access to, and 
a better understanding of, community re-
354 
sources may improve access to health care 
and support services; 
(iii) recommend methods to accom-
plish improved access by such children and 
families to community resources and 
health-care resources, including through 
collaboration with children’s hospitals and 
other providers of pediatric specialty care, 
local agencies, local communities, and 
States; 
(iv) consider approaches and make 
recommendations for the improved integra-
tion of individualized or compartmentalized 
medical and family support resources for 
military families; 
(v) work closely with the Office of 
Community Support for Military Families 
with Special Needs of the Department of 
Defense and other relevant offices to avoid 
redundancies and target shared areas of 
concern for children with special or chron-
ic-health-care needs; and 
(vi) review any relevant information 
learned and findings made by the working 
group under this paragraph that may be
355 
considered or adopted in a consistent man-
ner with respect to improving access, re-
sources, and services for adults with spe-
cial needs. 
(B) REVIEW.—In carrying out the duties 
under subparagraph (A), the working group 
shall— 
(i) discuss improvements to special 
needs health care policies and practices; 
(ii) determine how to support and pro-
tect families of members of the National 
Guard or Reserve Components as the 
members transition into and out of the rel-
evant Exceptional Family Member Pro-
gram or the ECHO program; 
(iii) analyze case management services 
to improve consistency, communication, 
knowledge, and understanding of resources 
and community contacts; 
(iv) identify areas in which a State 
may offer services that are not covered by 
the TRICARE program or the ECHO pro-
gram and how to coordinate such services; 
(v) identify steps that States and 
communities can take to improve support
356 
for military families of children with spe-
cial health care needs; 
(vi) consider how the TRICARE pro-
gram and other programs of the Depart-
ment of Defense can work with specialty 
pediatric providers and resource commu-
nities to ensure access, promote commu-
nication and collaboration, and optimize 
experiences of military families seeking and 
receiving health care services for their chil-
dren with special or chronic health care 
needs; 
(vii) consider special and chronic 
health care in a comprehensive manner 
without focus on one or more conditions or 
diagnoses to the exclusion of others; 
(viii) focus on ways to create innova-
tive partnerships, linkages, and access to 
information and resources for military 
families across the spectrum of the special- 
needs community and between the medical 
community and the family support commu-
nity; and 
(ix) review matters that further the 
mission of the working group.
357 
(c) MEMBERSHIP.— 
(1) APPOINTMENTS.—The working group shall 
be composed of not less than 14 members as follows: 
(A) The Chief Medical Officer of the 
TRICARE program, who shall serve as chair-
person. 
(B) The Chief Medical Officers of the 
North, South, and West regional offices of the 
TRICARE program. 
(C) One individual representing the Army 
appointed by the Surgeon General of the Army. 
(D) One individual representing the Navy 
appointed by the Surgeon General of the Navy. 
(E) One individual representing the Air 
Force appointed by the Surgeon General of the 
Air Force. 
(F) One individual representing the re-
gional managed care support contractor of the 
North region of the TRICARE program ap-
pointed by such contractor. 
(G) One individual representing the re-
gional managed care support contractor of the 
South region of the TRICARE program ap-
pointed by such contractor.
358 
(H) One individual representing the re-
gional managed care support contractor of the 
West region of the TRICARE program ap-
pointed by such contractor. 
(I) Not more than three individuals rep-
resenting the non-profit organization the Mili-
tary Coalition appointed by such organization. 
(J) One individual representing the Amer-
ican Academy of Pediatrics appointed by such 
organization. 
(K) One individual representing the Na-
tional Association of Children’s Hospitals ap-
pointed by such organization. 
(L) One individual representing military 
families who is not an employee of an organiza-
tion representing such families. 
(M) Any other individual as determined by 
the Chief Medical Officer of the TRICARE pro-
gram. 
(2) TERMS.—Each member shall be appointed 
for the life of the working group. A vacancy in the 
working group shall be filled in the manner in which 
the original appointment was made. 
(3) TRAVEL
EXPENSES.—Each member shall 
receive travel expenses, including per diem in lieu of
359 
subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United 
States Code. 
(4) STAFF.—The Secretary of Defense shall en-
sure that employees of the TRICARE program pro-
vide the working group with the necessary support 
to carry out this section. 
(d) MEETINGS.— 
(1) SCHEDULE.—The working group shall— 
(A) convene its first meeting not later than 
60 days after the date of the enactment of this 
Act; and 
(B) convene not less than four other times. 
(2) FORM.—Any meeting of the working group 
may be conducted in-person or through the use of 
video conferencing. 
(3) QUORUM.—Seven members of the working 
group shall constitute a quorum but a lesser number 
may hold hearings. 
(e) ADVICE.—With respect to carrying out the review 
of the TRICARE program and pediatric special and 
chronic health care needs under subsection (b)(3), the 
working group shall seek counsel from the following indi-
viduals acting as an expert advisory group:
360 
(1) One individual representing the Exceptional 
Family Member Program of the Army. 
(2) One individual representing the Exceptional 
Family Member Program of the Navy. 
(3) One individual representing the Exceptional 
Family Member Program of the Air Force. 
(4) One individual representing the Exceptional 
Family Member Program of the Marine Corps. 
(5) One individual representing the Office of 
Community Support for Military Families with Spe-
cial Needs. 
(6) One individual who is not an employee of an 
organization representing military families shall rep-
resent a military family with a child with special 
health care needs. 
(7) Not more than three individuals rep-
resenting organizations that— 
(A) are not otherwise represented in this 
paragraph or in the working group; and 
(B) possess expertise needed to carry out 
the goals of the working group. 
(f) REPORTS REQUIRED.— 
(1) REPORT.—Not later than 12 months after 
the date on which the working group convenes its 
first meeting, the working group shall submit to the
361 
congressional defense committees a report includ-
ing— 
(A) any changes described in subsection 
(b)(2)(A)(ii) identified by the working group 
that— 
(i) require legislation to carry out, in-
cluding proposed legislative language for 
such changes; 
(ii) require regulations to carry out, 
including proposed regulatory language for 
such changes; and 
(iii) may be carried out without legis-
lation or regulations, including a time line 
for such changes; and 
(B) steps that States and local commu-
nities may take to improve the experiences of 
military families with special-needs children in 
interacting with and accessing State and local 
community resources. 
(2) FINAL REPORT.—Not later than 18 months 
after the date on which the report is submitted 
under paragraph (1), the working group shall sub-
mit to the congressional defense committees a final 
report including—
362 
(A) any additional information and up-
dates to the report submitted under paragraph 
(1); 
(B) information with respect to how the 
Secretary of Defense is implementing the 
changes identified in the report submitted 
under paragraph (1); and 
(C) information with respect to any steps 
described in subparagraph (B) of such para-
graph that were taken by States and local com-
munities after the date on which such report 
was submitted. 
(g) TERMINATION.—The working group shall termi-
nate on the date that is 30 days after the date on which 
the working group submits the final report pursuant to 
subsection (f)(2). 
(h) DEFINITIONS.—In this Act: 
(1) The term ‘‘children’’ means dependents of a 
member of the Armed Forces who are— 
(A) individuals who have not yet attained 
the age of 21; or 
(B) individuals who have not yet attained 
the age of 27 if the inclusion of such depend-
ents is applicable and relevant to a program or 
policy being reviewed under this Act.
363 
(2) The term ‘‘congressional defense commit-
tees’’ has the meaning given that term in section 
101(a)(16) of title 10, United States Code. 
(3) The term ‘‘ECHO program’’ means the pro-
gram established pursuant to subsections (d) 
through (e) of section 1079 of title 10, United 
States Code (commonly referred to as the ‘‘Extended 
Care Health Option program’’). 
(4) The term ‘‘TRICARE program’’ means the 
managed health care program that is established by 
the Department of Defense under chapter 55 of title 
10, United States Code. 
SEC. 724. REPORT ON STRATEGY TO TRANSITION TO USE 
OF HUMAN-BASED METHODS FOR CERTAIN 
MEDICAL TRAINING. 
(a) REPORT.— 
(1) IN
GENERAL.—Not later than March 1, 
2013, the Secretary of Defense shall submit to the 
congressional defense committees a report that out-
lines a strategy to refine and, when appropriate, 
transition to using human-based training methods 
for the purpose of training members of the Armed 
Forces in the treatment of combat trauma injuries 
by October 1, 2017.
364 
(2) ELEMENTS.—The report under paragraph 
(1) shall include the following: 
(A) Required research, development, test-
ing, and evaluation investments to validate 
human-based training methods to refine, re-
duce, and, when appropriate, transition from 
the use of live animals in medical education and 
training by October 1, 2015. 
(B) Phased sustainment and readiness 
costs to refine, reduce, and, when appropriate, 
replace the use of live animals in medical edu-
cation and training by October 1, 2017. 
(C) Any risks associated with transitioning 
to human-based training methods, including re-
source availability, anticipated technological de-
velopment time lines, and potential impact on 
the present combat trauma training curricula. 
(D) An assessment of the potential effect 
of transitioning to human based-training meth-
ods on the quality of medical care delivered on 
the battlefield including any reduction in the 
competency of combat medical personnel. 
(E) An assessment of risks to maintaining 
the level of combat life-saver techniques per-
formed by all members of the Armed Forces.
365 
(b) UPDATED ANNUAL REPORTS.—Not later than 
March 1, 2014, and each year thereafter, the Secretary 
shall submit to the congressional defense committees a re-
port on the development and implementation of human- 
based training methods for the purposes of training mem-
bers of the Armed Forces in the treatment of combat trau-
ma injuries under this section. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘combat trauma injuries’’ means 
severe injuries likely to occur during combat, includ-
ing— 
(A) extremity hemorrhage; 
(B) tension pneumothorax; 
(C) amputation resulting from blast injury; 
(D) compromises to the airway; and 
(E) other injuries. 
(2) The term ‘‘human-based training methods’’ 
means, with respect to training individuals in med-
ical treatment, the use of systems and devices that 
do not use animals, including— 
(A) simulators; 
(B) partial task trainers; 
(C) moulage; 
(D) simulated combat environments; and 
(E) human cadavers.
366 
(3) The term ‘‘partial task trainers’’ means 
training aids that allow individuals to learn or prac-
tice specific medical procedures. 
SEC. 725. PILOT PROGRAM ON ENHANCEMENTS OF DE-
PARTMENT OF DEFENSE EFFORTS ON MEN-
TAL HEALTH IN THE NATIONAL GUARD AND 
RESERVES THROUGH COMMUNITY PARTNER-
SHIPS. 
(a) PROGRAM AUTHORITY.—The Secretary of De-
fense may carry out a pilot program to enhance the efforts 
of the Department of Defense in research, treatment, edu-
cation, and outreach on mental health and substance use 
disorders and traumatic brain injury in members of the 
National Guard and Reserves, their family members, and 
their caregivers through community partners. 
(b) COMMUNITY PARTNERS.—The Secretary of De-
fense may award grants to community partners described 
in subsection (c) using a competitive and merit-based 
award process whereby the awardee agrees to make con-
tributions toward the costs of activities carried out with 
the grant, from non-Federal sources, an amount equal to 
not less than $3 for each $1 of funds provided under the 
grant. 
(c) COMMUNITY PARTNER DESCRIBED.—A commu-
nity partner described in this subsection is a private non-
367 
profit organization or institution that engages in one or 
more of the following: 
(1) Research on the causes, development, and 
innovative treatment of mental health and substance 
use disorders and traumatic brain injury in members 
of the National Guard and Reserves, their family 
members, and their caregivers. 
(2) Providing treatment to such members and 
their families for such mental health and substance 
use disorders and traumatic brain injury. 
(3) Identifying and disseminating evidence- 
based treatments of mental health and substance use 
disorders and traumatic brain injury described in 
paragraph (1). 
(4) Outreach and education to such members, 
their families and caregivers, and the public about 
mental health and substance use disorders and trau-
matic brain injury described in paragraph (1). 
(d) DURATION.—The duration of the pilot program 
may not exceed three years. 
(e) REPORT.—Not later than 180 days before the 
completion of the pilot program, the Secretary of Defense 
shall submit to the Secretary of Veterans Affairs and Con-
gress a report on the results of the pilot program, includ-
ing the amount of grants so awarded and activities carried
368 
out, the number of members of the National Guard and 
Reserves provided treatment or services by community 
partners, and a description and assessment of the effec-
tiveness and achievements of the pilot program with re-
spect to research, treatment, education, and outreach on 
mental health and substance use disorders and traumatic 
brain injury. 
SEC. 726. STUDY ON BREAST CANCER AMONG MEMBERS OF 
THE ARMED FORCES AND VETERANS. 
(a) STUDY.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall jointly conduct a study 
on the incidence of breast cancer among members of the 
Armed Forces (including members of the National Guard 
and reserve components) and veterans. Such study shall 
include the following: 
(1) A determination of the number of members 
and veterans diagnosed with breast cancer. 
(2) A determination of demographic informa-
tion regarding such members and veterans, includ-
ing— 
(A) race; 
(B) ethnicity; 
(C) sex; 
(D) age;
369 
(E) possible exposure to hazardous ele-
ments or chemical or biological agents (includ-
ing any vaccines) and where such exposure oc-
curred; 
(F) the locations of duty stations that such 
member or veteran was assigned; 
(G) the locations in which such member or 
veteran was deployed; and 
(H) the geographic area of residence prior 
to deployment. 
(3) An analysis of breast cancer treatments re-
ceived by such members and veterans. 
(4) Other information the Secretaries consider 
necessary. 
(b) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly submit 
to Congress a report containing the results of the study 
required under subsection (a). 
(c) FUNDING INCREASE AND OFFSETTING REDUC-
TION.—Notwithstanding the amounts set forth in the 
funding tables in division D— 
(1) the amount authorized to be appropriated in 
section 1406 for the Defense Health Program, as 
specified in the corresponding funding table in divi-
370 
sion D, is hereby increased by $10,000,000, with the 
amount of the increase allocated to the Defense 
Health Program, as set forth in the table under sec-
tion 4501, to carry out this section; and 
(2) the amount authorized to be appropriated in 
section 101 for Weapons Procurement, Navy, as 
specified in the corresponding funding table in sec-
tion 4101 of division D, is hereby reduced by a total 
$10,000,000, with the amount of the reduction to be 
derived from— 
(A) Line 004 (AMRAAM) in the amount 
of $2,700,000; 
(B) Line 006 (JSOW) in the amount of 
$2,700,000; and 
(C) Line 009 (Hellfire) in the amount of 
$4,600,000. 
SEC. 727. INCREASED COLLABORATION WITH NIH TO COM-
BAT TRIPLE NEGATIVE BREAST CANCER. 
The Office of Health of the Department of Defense 
shall work in collaboration with the National Institutes of 
Health to— 
(1) identify specific genetic and molecular tar-
gets and biomarkers for triple negative breast can-
cer; and
371 
(2) provide information useful in biomarker se-
lection, drug discovery, and clinical trials design that 
will enable both— 
(A) triple negative breast cancer patients 
to be identified earlier in the progression of 
their disease; and 
(B) the development of multiple targeted 
therapies for the disease. 
SEC. 728. PILOT PROGRAM ON PAYMENT FOR TREATMENT 
OF MEMBERS OF THE ARMED FORCES AND 
VETERANS FOR TRAUMATIC BRAIN INJURY 
AND POST-TRAUMATIC STRESS DISORDER. 
(a) PAYMENT PROCESS.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall carry out a 
five-year pilot program under which each such Secretary 
shall establish a process through which each Secretary 
shall provide payment for treatments (including diagnostic 
testing) of traumatic brain injury or post-traumatic stress 
disorder received by members of the Armed Forces and 
veterans in health care facilities other than military treat-
ment facilities or Department of Veterans Affairs medical 
facilities. Such process shall provide that payment be 
made directly to the health care facility furnishing the 
treatment.
372 
(b) CONDITIONS FOR PAYMENT.—The approval by a 
Secretary for payment for a treatment pursuant to sub-
section (a) shall be subject to the following conditions: 
(1) Any drug or device used in the treatment 
must be approved or cleared by the Food and Drug 
Administration for any purpose. 
(2) The treatment must have been approved by 
an institutional review board operating in accordance 
with regulations issued by the Secretary of Health 
and Human Services. 
(3) The treatment (including any patient disclo-
sure requirements) must be used by the health care 
provider delivering the treatment. 
(4) The patient receiving the treatment must 
demonstrate an improvement as a result of the 
treatment on one or more of the following: 
(A) Standardized independent pre-treat-
ment and post-treatment neuropsychological 
testing. 
(B) Accepted survey instruments. 
(C) Neurological imaging. 
(D) Clinical examination. 
(5) The patient receiving the treatment must be 
receiving the treatment voluntarily.
373 
(6) The patient receiving the treatment may not 
be a retired member of the uniformed services or of 
the Armed Forces who is entitled to benefits under 
part A, or eligible to enroll under part B, of title 
XVIII of the Social Security Act. 
(c) ADDITIONAL RESTRICTIONS PROHIBITED.—Ex-
cept as provided in this subsection (b), no restriction or 
condition for reimbursement may be placed on any health 
care provider that is operating lawfully under the laws of 
the State in which the provider is located with respect to 
the receipt of payment under this section. 
(d) PAYMENT DEADLINE.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall make a pay-
ment for a treatment pursuant to subsection (a) not later 
than 30 days after a member of the Armed Forces or vet-
eran (or health care provider on behalf of such member 
or veteran) submits to the Secretary documentation re-
garding the treatment. The Secretary of Defense and the 
Secretary of Veterans Affairs shall ensure that the docu-
mentation required under this subsection may not be an 
undue burden on the member of the Armed Forces or vet-
eran or on the health care provider. 
(e) PAYMENT AUTHORITY.— 
(1) DEPARTMENT
OF
DEFENSE.—The Sec-
retary of Defense shall make payments under this
374 
section for treatments received by members of the 
Armed Forces using the authority in subsection 
(c)(1) of section 1074 of title 10, United States 
Code. 
(2) DEPARTMENT
OF
VETERANS
AFFAIRS.— 
The Secretary of Veterans Affairs shall make pay-
ments under this section for treatments received by 
veterans using the authority in section 1728 of title 
38, United States Code. 
(f) PAYMENT AMOUNT.—A payment under this sec-
tion shall be made at the equivalent Centers for Medicare 
and Medicaid Services reimbursement rate in effect for ap-
propriate treatment codes for the State or territory in 
which the treatment is received. If no such rate is in effect, 
payment shall be made at a fair market rate, as deter-
mined by the Secretary of Defense, in consultation with 
the Secretary of Health and Human Services, with respect 
to a patient who is a member of the Armed Forces or 
the Secretary of Veterans Affairs with respect to a patient 
who is a veteran. 
(g) DATA COLLECTION AND AVAILABILITY.— 
(1) IN
GENERAL.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly 
develop and maintain a database containing data 
from each patient case involving the use of a treat-
375 
ment under this section. The Secretaries shall en-
sure that the database preserves confidentiality and 
be made available only— 
(A) for third-party payer examination; 
(B) to the appropriate congressional com-
mittees and employees of the Department of 
Defense, the Department of Veterans Affairs, 
the Department of Health and Human Services, 
and appropriate State agencies; and 
(C) to the primary investigator of the insti-
tutional review board that approved the treat-
ment, in the case of data relating to a patient 
case involving the use of such treatment. 
(2) ENROLLMENT IN INSTITUTIONAL REVIEW 
BOARD STUDY.—In the case of a patient enrolled in 
a registered institutional review board study, results 
may be publically distributable in accordance with 
the regulations prescribed pursuant to the Health 
Insurance Portability and Accountability Act of 
1996 (Public Law 104–191) and other regulations 
and practices in effect as of the date of the enact-
ment of this Act. 
(3) 
QUALIFIED
INSTITUTIONAL
REVIEW 
BOARDS.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall each ensure that the
376 
Internet Web site of their respective departments in-
cludes a list of all civilian institutional review board 
studies that have received a payment under this sec-
tion. 
(h) ASSISTANCE FOR MEMBERS TO OBTAIN TREAT-
MENT.— 
(1) ASSIGNMENT TO TEMPORARY DUTY.—The 
Secretary of a military department may assign a 
member of the Armed Forces under the jurisdiction 
of the Secretary to temporary duty or allow the 
member a permissive temporary duty in order to 
permit the member to receive treatment for trau-
matic brain injury or post-traumatic stress disorder, 
for which payments shall be made under subsection 
(a), at a location beyond reasonable commuting dis-
tance of the member’s permanent duty station. 
(2) PAYMENT OF PER DIEM.—A member who is 
away from the member’s permanent station may be 
paid a per diem in lieu of subsistence in an amount 
not more than the amount to which the member 
would be entitled if the member were performing 
travel in connection with a temporary duty assign-
ment. 
(3) GIFT RULE WAIVER.—Notwithstanding any 
rule of any department or agency with respect to
377 
ethics or the receipt of gifts, any assistance provided 
to a member of the Armed Forces with a service- 
connected injury or disability for travel, meals, or 
entertainment incidental to receiving treatment 
under this section, or for the provision of such treat-
ment, shall not be subject to or covered by any such 
rule. 
(i) RETALIATION PROHIBITED.—No retaliation may 
be made against any member of the Armed Forces or vet-
eran who receives treatment as part of registered institu-
tional review board study carried out by a civilian health 
care practitioner. 
(j) TREATMENT OF UNIVERSITY AND NATIONALLY 
ACCREDITED
INSTITUTIONAL
REVIEW
BOARDS.—For 
purposes of this section, a university-affiliated or nation-
ally accredited institutional review board shall be treated 
in the same manner as a Government institutional review 
board. 
(k) MEMORANDA OF UNDERSTANDING.—The Sec-
retary of Defense and the Secretary of Veterans Affairs 
shall seek to expeditiously enter into memoranda of under-
standings with civilian institutional review boards de-
scribed in subsection (j) for the purpose of providing for 
members of the Armed Forces and veterans to receive 
treatment carried out by civilian health care practitioners
378 
under a treatment approved by and under the oversight 
of civilian institutional review boards that would qualify 
for payment under this section. 
(l) OUTREACH REQUIRED.— 
(1) OUTREACH TO VETERANS.—The Secretary 
of Veterans Affairs shall notify each veteran with a 
service-connected injury or disability of the oppor-
tunity to receive treatment pursuant to this section. 
(2) OUTREACH TO MEMBERS OF THE ARMED 
FORCES.—The Secretary of Defense shall notify 
each member of the Armed Forces with a service- 
connected injury or disability of the opportunity to 
receive treatment pursuant to this section. 
(m) REPORT TO CONGRESS.—Not later than 30 days 
after the last day of each fiscal year during which the Sec-
retary of Defense and the Secretary of Veterans Affairs 
are authorized to make payments under this section, the 
Secretaries shall jointly submit to Congress an annual re-
port on the implementation of this section. Such report 
shall include each of the following for that fiscal year: 
(1) The number of individuals for whom the 
Secretary has provided payments under this section. 
(2) The condition for which each such indi-
vidual receives treatment for which payment is pro-
379 
vided under this section and the success rate of each 
such treatment. 
(3) Treatment methods that are used by enti-
ties receiving payment provided under this section 
and the respective rate of success of each such meth-
od. 
(4) The recommendations of the Secretaries 
with respect to the integration of treatment methods 
for which payment is provided under this section 
into facilities of the Department of Defense and De-
partment of Veterans Affairs. 
(n) TERMINATION.—The authority to make a pay-
ment under this section shall terminate on the date that 
is five years after the date of the enactment of this Act. 
(o) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for each fiscal year during which the Sec-
retary of Veterans Affairs and the Secretary of Defense 
are authorized to make payments under this section. 
(p) FUNDING INCREASE AND OFFSETTING REDUC-
TION.— 
(1) 
IN
GENERAL.—Notwithstanding 
the 
amounts set forth in the funding tables in division 
D, to carry out this section during fiscal year 
2013—
380 
(A) the amount authorized to be appro-
priated in section 1406 for the Defense Health 
Program, as specified in the corresponding 
funding table in division D, is hereby increased 
by $10,000,000, with the amount of the in-
crease allocated to the Defense Health Pro-
gram, as set forth in the table under section 
4501, to carry out this section; and 
(B) the amount authorized to be appro-
priated in section 301 for Operation and Main-
tenance, Defense-wide, as specified in the cor-
responding funding table in division D, is here-
by reduced by $10,000,000, with the amount of 
the reduction to be derived from Line 260, Of-
fice of the Secretary of Defense as set forth in 
the table under section 4301. 
(2) MERIT-BASED
OR
COMPETITIVE
DECI-
SIONS.—A decision to commit, obligate, or expend 
funds referred to in paragraph (1)(A) with or to a 
specific entity shall— 
(A) be based on merit-based selection pro-
cedures in accordance with the requirements of 
sections 2304(k) and 2374 of title 10, United 
States Code, or on competitive procedures; and
381 
(B) comply with other applicable provisions 
of law. 
SEC. 
729. 
CONGRESSIONAL 
SUPPORT 
FOR 
GREATER 
AWARENESS OF POST-TRAUMATIC STRESS 
DISORDER. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The brave men and women of the United 
States Armed Forces, who proudly serve the United 
States, risk their lives to protect the freedom of the 
United States and deserve the investment of every 
possible resource to ensure their lasting physical, 
mental, and emotional well-being. 
(2) More than 2,400,000 members of the 
Armed Forces have deployed overseas as part of 
overseas contingency operations since the events of 
September 11, 2001. 
(3) One in five members who have returned 
from deployment reported symptoms of post-trau-
matic stress disorder (PTSD). 
(4) Just over 1⁄2 of the members have sought 
treatment for PTSD symptoms. 
(5) More than 90,000 members returning from 
deployment to Operation Enduring Freedom or Op-
382 
eration Iraqi Freedom are clinically diagnosed with 
PTSD. 
(6) The Armed Forces have sustained an oper-
ational tempo for a period of time unprecedented in 
the history of the United States, with many mem-
bers deploying multiple times, placing them at high 
risk of PTSD. 
(7) Up to 10 percent of Operation Desert 
Storm veterans, 30 percent of Vietnam veterans, and 
8 percent of the general population of the United 
States suffer or have suffered from PTSD. 
(8) Many cases of PTSD remain unreported, 
undiagnosed, and untreated due to a lack of aware-
ness about PTSD and the persistent stigma associ-
ated with mental health issues. 
(9) PTSD significantly increases the risk of de-
pression, suicide, and drug- and alcohol-related dis-
orders and deaths, especially if left untreated. 
(10) The Departments of Defense and Veterans 
Affairs have made significant advances in the pre-
vention, diagnosis, and treatment of PTSD and the 
symptoms of PTSD, but many challenges remain. 
(11) About 1⁄2 of members and their spouses re-
port they are somewhat or not at all knowledgeable 
about the signs and symptoms of PTSD.
383 
(b) CONGRESSIONAL EXPRESSION OF SUPPORT.—In 
light of the findings made in subsection (a), Congress— 
(1) supports the efforts of the Secretary of Vet-
erans Affairs and the Secretary of Defense to edu-
cate service members, veterans, the families of serv-
ice members and veterans, and the public about the 
causes, symptoms, and treatment of post-traumatic 
stress disorder (PTSD); and 
(2) supports the creation of an advisory com-
mission on PTSD to coordinate the efforts of the 
Department of Defense, Department of Veterans Af-
fairs, and other executive departments and agencies 
for the prevention, diagnosis, and treatment of 
PTSD.
384 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. PILOT EXEMPTION REGARDING TREATMENT OF 
PROCUREMENTS ON BEHALF OF THE DE-
PARTMENT OF DEFENSE IN ACCORDANCE 
WITH THE DEPARTMENT OF ENERGY’S WORK 
FOR OTHERS PROGRAM. 
(a) EXEMPTION FROM INSPECTOR GENERAL RE-
VIEWS AND DETERMINATIONS.—Subsection (a) of section 
801 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note) 
is amended by adding at the end the following new para-
graph: 
‘‘(7) 
TREATMENT
OF
PROCUREMENTS 
THROUGH DEPARTMENT OF ENERGY.—For purposes 
of this subsection, effective during the 24-month pe-
riod beginning on the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 
2013, the procurement of property or services on be-
half of the Department of Defense pursuant to an 
interagency agreement between the Department of
385 
Defense and the Department of Energy in accord-
ance with the Department of Energy’s Work For 
Others Program, under which the property or serv-
ices are provided by a management and operating 
contractor of the Department of Energy and are 
procured on behalf of the Department of Defense, 
shall not be considered a procurement of property or 
services on behalf of the Department of Defense by 
a covered non-defense agency.’’. 
(b) EXEMPTION FROM CERTAIN CERTIFICATION RE-
QUIREMENTS.—Subsection (b) of such section is amend-
ed— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (4)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) EXCEPTION FOR PROCUREMENTS IN AC-
CORDANCE WITH THE DEPARTMENT OF ENERGY’S 
WORK FOR OTHERS PROGRAM.—Effective during the 
24-month period beginning on the date of the enact-
ment of the National Defense Authorization Act for 
Fiscal Year 2013, the limitation in paragraph (1) 
shall not apply to the procurement of property or 
services on behalf of the Department of Defense 
pursuant to an interagency agreement between the
386 
Department of Defense and the Department of En-
ergy in accordance with the Department of Energy’s 
Work for Others Program, under which the property 
or services are provided by a management and oper-
ating contractor of the Department of Energy and 
procured on behalf of the Department of Defense.’’. 
(c) CERTIFICATION.—Not later than 20 months after 
the date of the enactment of this Act, the Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall 
submit to the congressional defense committees the fol-
lowing: 
(1) A statement certifying whether the procure-
ment policies, procedures, and internal controls of 
the Department of Energy provide sufficient protec-
tion and oversight for Department of Defense funds 
expended through the Department of Energy Work 
for Others Program. 
(2) A recommendation regarding whether the 
pilot exemption granted by the amendments made by 
this section should be extended. 
SEC. 802. REQUIREMENTS RELATING TO CONTRACTS FOR 
PURCHASE OF HELICOPTERS FOR AFGHAN 
SECURITY FORCES. 
(a) REQUIREMENT FOR COMPETITIVELY BID CON-
TRACTS.—Subject to subsection (b), the Secretary of De-
387 
fense shall award any contract that will use United States 
funds for the procurement of helicopters for the Afghan 
Security Forces using competitive procedures. 
(b) PROHIBITION ON CONTRACTING WITH CERTAIN 
ENTITIES.—Notwithstanding subsection (a), the Sec-
retary of Defense may not award a contract, directly or 
indirectly, to any entity controlled, directed, or influenced 
by— 
(1) a country that has provided weapons to 
Syria at any time after the date of the enactment of 
the Syria Accountability and Lebanese Sovereignty 
Restoration Act of 2003 (Public Law 108–175); or 
(2) any country that is currently a state spon-
sor of terrorism. 
(c) STATE SPONSOR OF TERRORISM DEFINED.—In 
subsection (b), the term ‘‘state sponsor of terrorism’’ 
means any country the government of which the Secretary 
of State has determined has repeatedly provided support 
for acts of international terrorism pursuant to section 6(j) 
of the Export Administration Act of 1979, section 620A 
of the Foreign Assistance Act of 1961, or section 40 of 
the Arms Export Control Act. 
(d) EFFECTIVE DATE.—The requirement in sub-
section (a) shall apply to contracts awarded after the date 
of the enactment of this Act.
388 
(e) NATIONAL SECURITY WAIVER AUTHORITY.—The 
Secretary of Defense may waive the applicability of this 
section if the Secretary determines such a waiver is nec-
essary in the national security interests of the United 
States. 
SEC. 803. PROHIBITION ON CONTRACTING WITH PERSONS 
THAT HAVE BUSINESS OPERATIONS WITH 
STATE SPONSORS OF TERRORISM. 
(a) PROHIBITION.—The Department of Defense may 
not enter into a contract for the procurement of goods 
or services with any person that has business operations 
with a state sponsor of terrorism. 
(b) DEFINITIONS.—In this section: 
(1) STATE SPONSOR OF TERRORISM.—The term 
‘‘state sponsor of terrorism’’ means any country the 
government of which the Secretary of State has de-
termined has repeatedly provided support for acts of 
international terrorism pursuant to— 
(A) section 6(j) of the Export Administra-
tion Act of 1979 (50 U.S.C. App. 2405(j)) (as 
continued in effect pursuant to the Inter-
national Emergency Economic Powers Act); 
(B) section 620A of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2371); or
389 
(C) section 40 of the Arms Export Control 
Act (22 U.S.C. 2780). 
(2) BUSINESS OPERATIONS.—The term ‘‘busi-
ness operations’’ means engaging in commerce in 
any form, including acquiring, developing, maintain-
ing, owning, selling, possessing, leasing, or operating 
equipment, facilities, personnel, products, services, 
personal property, real property, or any other appa-
ratus of business or commerce. 
(3) PERSON.—The term ‘‘person’’ means— 
(A) a natural person, corporation, com-
pany, business association, partnership, society, 
trust, or any other nongovernmental entity, or-
ganization, or group; 
(B) any governmental entity or instrumen-
tality of a government, including a multilateral 
development institution (as defined in section 
1701(c)(3) of the International Financial Insti-
tutions Act (22 U.S.C. 262r(c)(3))); and 
(C) any successor, subunit, parent entity, 
or subsidiary of, or any entity under common 
ownership or control with, any entity described 
in subparagraph (A) or (B).
390 
Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 811. MODIFICATION OF TIME PERIOD FOR CONGRES-
SIONAL NOTIFICATION OF THE LEASE OF 
CERTAIN VESSELS BY THE DEPARTMENT OF 
DEFENSE. 
Section 2401(h)(2) of title 10, United States Code, 
is amended by striking ‘‘30 days of continuous session of 
Congress’’ and inserting ‘‘60 days’’. 
SEC. 812. EXTENSION OF AUTHORITY FOR USE OF SIM-
PLIFIED 
ACQUISITION 
PROCEDURES 
FOR 
CERTAIN COMMERCIAL ITEMS. 
(a) EXTENSION.—Effective as of January 1, 2012, 
section 4202 of the Clinger–Cohen Act of 1996 (division 
D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 
note) is amended in subsection (e) by striking ‘‘2012’’ and 
inserting ‘‘2015’’. 
(b) TECHNICAL
AMENDMENT
TO
CROSS
REF-
ERENCES.—Subsection (e) of such Act is further amended 
by striking ‘‘section 303(g)(1) of the Federal Property and 
Administrative Services Act of 1949, and section 31(a) of 
the Office of Federal Procurement Policy Act, as amended 
by this section,’’ and inserting ‘‘section 3305(a) of title
391 
41, United States Code, and section 1901(a) of title 41, 
United States Code,’’. 
SEC. 813. CODIFICATION AND AMENDMENT RELATING TO 
LIFE-CYCLE MANAGEMENT AND PRODUCT 
SUPPORT REQUIREMENTS. 
(a) CODIFICATION AND AMENDMENT.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2335. Life-cycle management and product support 
‘‘(a) GUIDANCE
ON LIFE-CYCLE MANAGEMENT.— 
The Secretary of Defense shall issue and maintain com-
prehensive guidance on life-cycle management and the de-
velopment and implementation of product support strate-
gies for major weapon systems. The guidance issued pur-
suant to this subsection shall— 
‘‘(1) maximize competition and make the best 
possible use of available Department of Defense and 
industry resources at the system, subsystem, and 
component levels; and 
‘‘(2) maximize value to the Department of De-
fense by providing the best possible product support 
outcomes at the lowest operations and support cost. 
‘‘(b) PRODUCT SUPPORT MANAGERS.—
392 
‘‘(1) REQUIREMENT.—The Secretary of De-
fense shall require that each major weapon system 
be supported by a product support manager in ac-
cordance with this subsection. 
‘‘(2) RESPONSIBILITIES.—A product support 
manager for a major weapon system shall— 
‘‘(A) develop and implement a comprehen-
sive product support strategy for the weapon 
system; 
‘‘(B) use advanced predictive analysis to 
the extent practicable to improve material avail-
ability and reliability, increase operational avail-
ability 
rates, 
and 
reduce 
operation 
and 
sustainment costs; 
‘‘(C) conduct appropriate cost analyses to 
validate the product support strategy, including 
cost-benefit analyses as outlined in Office of 
Management and Budget Circular A–94; 
‘‘(D) ensure achievement of desired prod-
uct support outcomes through development and 
implementation of appropriate product support 
arrangements; 
‘‘(E) adjust performance requirements and 
resource allocations across product support in-
tegrators and product support providers as nec-
393 
essary to optimize implementation of the prod-
uct support strategy; 
‘‘(F) periodically review product support 
arrangements between the product support inte-
grators and product support providers to ensure 
the arrangements are consistent with the overall 
product support strategy; 
‘‘(G) prior to each change in the product 
support strategy or every five years, whichever 
occurs first, revalidate any business-case anal-
ysis performed in support of the product sup-
port strategy; and 
‘‘(H) ensure that the product support 
strategy maximizes small business participation 
at the appropriate tiers and apply the require-
ments of section 15(g) of the Small Business 
Act (15 U.S.C. 644(g)) in a manner that en-
sures that small business concerns are not inap-
propriately selected for performance as a prime 
contractor. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) PRODUCT SUPPORT.—The term ‘product 
support’ means the package of support functions re-
quired to field and maintain the readiness and oper-
ational capability of major weapon systems, sub-
394 
systems, and components, including all functions re-
lated to weapon system readiness. 
‘‘(2) PRODUCT SUPPORT ARRANGEMENT.— The 
term ‘product support arrangement’ means a con-
tract, task order, or any type of other contractual 
arrangement, or any type of agreement or non-con-
tractual arrangement within the Federal Govern-
ment, for the performance of sustainment or logis-
tics support required for major weapon systems, 
subsystems, or components. The term includes ar-
rangements for any of the following: 
‘‘(A) Performance-based logistics. 
‘‘(B) Sustainment support. 
‘‘(C) Contractor logistics support. 
‘‘(D) Life-cycle product support. 
‘‘(E) Weapon systems product support. 
‘‘(3) PRODUCT
SUPPORT
INTEGRATOR.—The 
term ‘product support integrator’ means an entity 
within the Federal Government or outside the Fed-
eral Government charged with integrating all sources 
of product support, both private and public, defined 
within the scope of a product support arrangement. 
‘‘(4) PRODUCT SUPPORT PROVIDER.—The term 
‘product support provider’ means an entity that pro-
vides product support functions. The term includes
395 
an entity within the Department of Defense, an enti-
ty within the private sector, or a partnership be-
tween such entities. 
‘‘(5) MAJOR
WEAPON
SYSTEM.—The term 
‘major weapon system’ has the meaning given that 
term in section 2302d of this title. 
‘‘(6) ADVANCED
PREDICTIVE
ANALYSIS.—The 
term ‘advanced predictive analysis’ means a type of 
analysis that applies advanced predictive modeling 
methodology to life-cycle management and product 
support by using event simulation to account for 
variations in asset demand over time, including 
events such as current equipment condition, planned 
usage, aging of parts, maintenance capacity and 
quality, and logistics response.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 137 of such title 
is amended by adding at the end the following new 
item: 
‘‘2335. Life-cycle management and product support.’’. 
(b) REPEAL
OF SUPERSEDED SECTION.—Section 
805 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 10 U.S.C. 2302) is re-
pealed.
396 
SEC. 814. CODIFICATION OF REQUIREMENT RELATING TO 
GOVERNMENT PERFORMANCE OF CRITICAL 
ACQUISITION FUNCTIONS. 
(a) CODIFICATION.— 
(1) IN GENERAL.—Subchapter I of chapter 87 
of title 10, United States Code, is amended by add-
ing at the end the following new section: 
‘‘§ 1706. Government performance of certain acquisi-
tion functions 
‘‘(a) GOAL.—It shall be the goal of the Department 
of Defense and each of the military departments to ensure 
that, for each major defense acquisition program and each 
major automated information system program, each of the 
following positions is performed by a properly qualified 
member of the armed forces or full-time employee of the 
Department of Defense: 
‘‘(1) Program manager. 
‘‘(2) Deputy program manager. 
‘‘(3) Product support manager. 
‘‘(4) Chief engineer. 
‘‘(5) Systems engineer. 
‘‘(6) Chief developmental tester. 
‘‘(7) Cost estimator. 
‘‘(b) PLAN OF ACTION.—The Secretary of Defense 
shall develop and implement a plan of action for recruit-
ing, training, and ensuring appropriate career develop-
397 
ment of military and civilian personnel to achieve the ob-
jective established in subsection (a). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major defense acquisition pro-
gram’ has the meaning given such term in section 
2430(a) of this title. 
‘‘(2) The term ‘major automated information 
system program’ has the meaning given such term 
in section 2445a(a) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amend-
ed by adding at the end the following new item: 
‘‘1706. Government performance of certain acquisition functions.’’. 
(b) REPEAL
OF SUPERSEDED SECTION.—Section 
820 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 
1701 note) is repealed. 
SEC. 815. LIMITATION ON FUNDING PENDING CERTIFI-
CATION OF IMPLEMENTATION OF REQUIRE-
MENTS FOR COMPETITION. 
(a) LIMITATION
ON FUNDING
FOR CERTAIN OF-
FICES.—Of the funds authorized to be appropriated for 
fiscal year 2013 as specified in the funding table in section 
4301, not more than 80 percent of the funds authorized 
for the Office of the Secretary of Defense may be obligated
398 
or expended until the certification described in subsection 
(b) is submitted. 
(b) CERTIFICATION REQUIRED.—The Secretary of 
Defense shall certify to the congressional defense commit-
tees that the Department of Defense is implementing the 
requirements of section 202(d) of the Weapon Systems 
Acquisition Reform Act of 2009 (Public Law 111–23; 10 
U.S.C. 2430 note). Such a certification shall be accom-
panied by— 
(1) a briefing to the congressional defense com-
mittees on processes and procedures that have been 
implemented across the military departments and 
Defense Agencies to maximize competition through-
out the life-cycle of major defense acquisition pro-
grams, including actions to award contracts for per-
formance of maintenance and sustainment of major 
weapon systems or subsystems and components of 
such systems; and 
(2) a representative sample of solicitations 
issued since May 22, 2009, intended to fulfill the ob-
jectives of such section 202(d).
399 
SEC. 816. CONTRACTOR RESPONSIBILITIES IN REGULA-
TIONS RELATING TO DETECTION AND AVOID-
ANCE OF COUNTERFEIT ELECTRONIC PARTS. 
Section 818(c)(2)(B) of the National Defense Au-
thorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1493; 10 U.S.C. 2302 note) is amended to 
read as follows: 
‘‘(B) the cost of counterfeit electronic 
parts and suspect counterfeit electronic parts 
and the cost of rework or corrective action that 
may be required to remedy the use or inclusion 
of such parts are not allowable costs under De-
partment contracts, unless— 
‘‘(i) the covered contractor has an 
operational system to detect and avoid 
counterfeit parts and suspect counterfeit 
electronic parts that has been reviewed and 
approved by the Department of Defense 
pursuant to subsection (e)(2)(B); 
‘‘(ii) the counterfeit electronic parts or 
suspect counterfeit electronic parts were— 
‘‘(I) procured from a trusted sup-
plier in accordance with regulations 
described in paragraph (3); or 
‘‘(II) provided to the contractor 
as Government property in accordance
400 
with part 45 of the Federal Acquisi-
tion Regulation; and 
‘‘(iii) the covered contractor provides 
timely notice to the Government pursuant 
to paragraph (4).’’. 
SEC. 817. ADDITIONAL DEFINITION RELATING TO PRODUC-
TION OF SPECIALTY METALS WITHIN THE 
UNITED STATES. 
Section 2533b(m) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(11) The term ‘produced’, as used in sub-
sections (a) and (b), means melted, or processed in 
a manner that results in physical or chemical prop-
erty changes that are the equivalent of melting. The 
term does not include finishing processes such as 
rolling, heat treatment, quenching, tempering, grind-
ing, or shaving.’’. 
SEC. 818. ASSESSMENT AND REPORT RELATING TO INFRA-
RED TECHNOLOGY SECTORS. 
(a) ASSESSMENT.—The Secretary of Defense, in con-
junction with the sector-by-sector, tier-by-tier review con-
ducted by the Deputy Assistant Secretary of Defense for 
Manufacturing and Industrial Base Policy, shall conduct 
an assessment of the health and status of various national
401 
defense infrared technology sectors, including technology 
such as focal plane arrays sensitive to infrared wave-
lengths, read-out integrate circuits, cryogenic coolers, 
Dewar technology, infrared sensor engine assemblies, and 
infrared imaging systems. 
(b) REPORT.—The Secretary of Defense shall submit 
to the congressional defense committees a report on the 
findings of the assessment within 90 days after the date 
of the enactment of this Act. 
SEC. 819. COMPLIANCE WITH BERRY AMENDMENT RE-
QUIRED FOR UNIFORM COMPONENTS SUP-
PLIED TO AFGHAN MILITARY OR AFGHAN NA-
TIONAL POLICE. 
(a) REQUIREMENT.—In the case of any textile com-
ponents supplied by the Department of Defense to the Af-
ghan National Army or the Afghan National Police for 
purposes of production of uniforms, section 2533a of title 
10, United States Code, shall apply, and no exceptions or 
exemptions under that section shall apply. 
(b) EFFECTIVE DATE.—This section shall apply to 
solicitations issued and contracts awarded for the procure-
ment of such components after the date of the enactment 
of this Act.
402 
Subtitle C—Provisions Relating to 
Contracts in Support of Contin-
gency Operations in Iraq or Af-
ghanistan 
SEC. 821. EXTENSION AND EXPANSION OF AUTHORITY TO 
ACQUIRE PRODUCTS AND SERVICES PRO-
DUCED IN COUNTRIES ALONG A MAJOR 
ROUTE OF SUPPLY TO AFGHANISTAN. 
(a) EXTENSION
OF
TERMINATION
DATE.—Sub-
section (f) of section 801 of the National Defense Author-
ization Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2399) is amended by striking ‘‘on or after the date 
occurring three years after the date of the enactment of 
this Act’’ and inserting ‘‘after December 31, 2014’’. 
(b) EXPANSION OF AUTHORITY TO COVER FORCES 
OF THE UNITED STATES AND COALITION FORCES.—Sub-
section (b)(1) of such section is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by adding ‘‘or’’ at the 
end; and 
(3) by adding at the end the following: 
‘‘(D) by the United States or coalition 
forces in Afghanistan if the product or service 
is from a country that has agreed to allow the
403 
transport of coalition personnel, equipment, and 
supplies;’’. 
(c) LIMITATION.—Such section is amended— 
(1) by redesignating subsections (d), (e), (f), 
and (g) as subsections (e), (f), (g), and (h), respec-
tively; and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) LIMITATION.—The Secretary may not use the 
authority provided in subsection (a) to procure goods or 
services from Pakistan until such time as the Government 
of Pakistan agrees to re-open the Ground Lines of Com-
munication for the movement of United States equipment 
and supplies through Pakistan.’’. 
(d) REPEAL OF EXPIRED REPORT REQUIREMENT.— 
Subsection (h) of such section, as redesignated by sub-
section (c) of this section, is repealed. 
(e) CLERICAL AMENDMENT.—The heading of such 
section is amended by striking ‘‘; REPORT’’. 
SEC. 822. LIMITATION ON AUTHORITY TO ACQUIRE PROD-
UCTS AND SERVICES PRODUCED IN AFGHANI-
STAN. 
Section 886 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
266; 10 U.S.C. 2302 note) is amended—
404 
(1) in the section heading, by striking ‘‘IRAQ 
AND’’; 
(2) by striking ‘‘Iraq or’’ each place it appears; 
and 
(3) in subsection (b)— 
(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; 
(B) in paragraph (2)— 
(i) by redesignating clauses (i) and 
(ii) of subparagraph (B) as subclauses (I) 
and (II), respectively, and in subclause 
(II), as so redesignated, by striking the pe-
riod at the end and inserting ‘‘; and’’; 
(ii) by redesignating subparagraphs 
(A) and (B) as clauses (i) and (ii), respec-
tively; and 
(iii) by striking ‘‘(2)’’ and inserting 
‘‘(B)’’; and 
(C) by adding at the end the following new 
paragraph (2): 
‘‘(2) the Government of Afghanistan is not tax-
ing assistance provided by the United States to Af-
ghanistan in violation of any bilateral or other 
agreement with the United States.’’.
405 
Subtitle D—Other Matters 
SEC. 831. ENHANCEMENT OF REVIEW OF ACQUISITION 
PROCESS FOR RAPID FIELDING OF CAPABILI-
TIES 
IN 
RESPONSE 
TO 
URGENT 
OPER-
ATIONAL NEEDS. 
Section 804(b)(3) of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 124 Stat. 4256; 10 U.S.C. 2302 note) is amend-
ed— 
(1) by inserting ‘‘and’’ at the end of subpara-
graph (B); 
(2) by striking ‘‘; and’’ at the end of subpara-
graph (C) and inserting a period; and 
(3) by striking subparagraph (D). 
SEC. 832. LOCATION OF CONTRACTOR-OPERATED CALL 
CENTERS IN THE UNITED STATES. 
The Secretary of Defense shall ensure that any call 
center operated pursuant to a contract entered into by the 
Secretary or by the head of any of the military depart-
ments is located in the United States.
406 
SEC. 833. CONSIDERATION AND VERIFICATION OF INFOR-
MATION RELATING TO EFFECT ON DOMESTIC 
EMPLOYMENT OF AWARD OF DEFENSE CON-
TRACTS. 
(a) IN GENERAL.—Section 2305(a) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(6)(A) The head of an agency, in issuing a so-
licitation for competitive proposals, shall state in the 
solicitation that the agency may consider informa-
tion (in this paragraph referred to as a ‘jobs impact 
statement’) that the offeror may include in its offer 
related to the effects on employment within the 
United States of the contract if it is awarded to the 
offeror. 
‘‘(B) The information that may be included in 
a jobs impact statement may include the following: 
‘‘(i) The number of jobs expected to be 
created in the United States, or the number of 
jobs retained that otherwise would be lost, if 
the contract is awarded to the offeror. 
‘‘(ii) The number of jobs created or re-
tained in the United States by the subcontrac-
tors expected to be used by the offeror in the 
performance of the contract.
407 
‘‘(iii) A guarantee from the offeror that 
jobs created or retained in the United States 
will not be moved outside the United States 
after award of the contract. 
‘‘(C) The contracting officer may consider the 
information in the jobs impact statement in the eval-
uation of the offer. 
‘‘(D) The agency may request further informa-
tion from the offeror in order to verify the accuracy 
of the information in the jobs impact statement. 
‘‘(E) In the case of a contract awarded to an 
offeror that submitted a jobs impact statement with 
the offer for the contract, the agency shall, not later 
than six months after the award of the contract and 
annually thereafter for the duration of the contract 
or contract extension, assess the accuracy of the jobs 
impact statement. 
‘‘(F) The Secretary of Defense shall submit to 
Congress an annual report on the frequency of use 
within the Department of Defense of jobs impact 
statements in the evaluation of competitive pro-
posals.’’. 
(b) REVISION OF FEDERAL ACQUISITION REGULA-
TION.—The Federal Acquisition Regulation shall be re-
vised to implement the amendment made by this section.
408 
SEC. 834. ENERGY SAVINGS PERFORMANCE CONTRACT RE-
PORT. 
Not later than June 30, 2013, the Secretary of the 
Army, the Secretary of the Navy, and the Secretary of 
the Air Force shall each submit to the congressional de-
fense committees a report on the use of energy savings 
performance contracts by the Department of the Army, 
the Department of the Navy, and the Department of the 
Air Force, respectively, including each of the following: 
(1) The amount of appropriated funds that 
have been obligated or expended and that are ex-
pected to be obligated or expended for energy sav-
ings performance contracts. 
(2) The amount of such funds that have been 
used for comprehensive retrofits. 
(3) The amount of such funds that have been 
used to leverage private sector capital, including the 
amount of such capital. 
SEC. 835. REQUIREMENT TO INCLUDE TRAFFICKING IN 
PERSONS IN PERFORMANCE ASSESSMENTS 
OF DEFENSE CONTRACTORS. 
(a) PERFORMANCE
ASSESSMENTS
TO
INCLUDE 
EVALUATION OF TRAFFICKING IN PERSONS.—With re-
spect to any performance assessment of a defense con-
tractor or subcontractor of such a contractor, or any labor 
recruiter, broker, or other agent used by the contractor
409 
or subcontractor, the Secretary of Defense shall include 
an evaluation of trafficking in persons. 
(b) TRAFFICKING IN PERSONS DEFINED.—In this 
section, the term ‘‘trafficking in persons’’ has the meaning 
provided the term ‘‘severe form of trafficking in persons’’ 
in section 103 of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7102). 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense 
Management 
SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SEC-
RETARY OF DEFENSE FOR MANUFACTURING 
AND INDUSTRIAL BASE POLICY AND AMEND-
MENTS TO STRATEGIC MATERIALS PROTEC-
TION BOARD. 
(a) FINDINGS.—Congress finds the following: 
(1) The Defense Logistics Agency has made lit-
tle progress in addressing the findings and rec-
ommendations from the April 2009 report of the De-
partment of Defense report titled ‘‘Reconfiguration 
of the National Defense Stockpile Report to Con-
gress’’.
410 
(2) The office of the Deputy Assistant Sec-
retary of Defense for Manufacturing and Industrial 
Base Policy has historically analyzed the United 
States defense industrial base from the point of view 
of prime contractors and original equipment manu-
facturers and has provided insufficient attention to 
producers of materials critical to national security, 
including raw materials producers. 
(3) Responsibility for the secure supply of ma-
terials critical to national security, which supports 
the defense industrial base, is decentralized through-
out the Department of Defense. 
(4) The office of the Deputy Assistant Sec-
retary of Defense for Manufacturing and Industrial 
Base Policy should expand its focus to consider both 
a top-down view of the supply chain, beginning with 
prime contractors, and a bottom-up view that begins 
with raw materials suppliers. 
(5) To enable this focus and support a more co-
herent, comprehensive strategy as it pertains to ma-
terials critical to national security, the office of the 
Deputy Assistant Secretary of Defense for Manufac-
turing and Industrial Base Policy should develop 
policy, conduct oversight, and monitor resource allo-
cation for agencies of the Department of Defense,
411 
including the Defense Logistics Agency, for all ac-
tivities that pertain to ensuring a secure supply of 
materials critical to national security. 
(6) The Strategic Materials Protection Board 
should be reconfigured so as to be chaired by the 
Deputy Assistant Secretary of Defense for Manufac-
turing and Industrial Base Policy and should fully 
execute its duties and responsibilities. 
(b) APPOINTMENT
OF DEPUTY ASSISTANT SEC-
RETARY.—Section 139c(a) of title 10, United States Code, 
is amended by striking ‘‘appointed by’’ and all that follows 
through the end of the subsection and inserting ‘‘ap-
pointed by the Secretary of Defense.’’. 
(c) RESPONSIBILITIES OF DEPUTY ASSISTANT SEC-
RETARY.—Section 139c(b) of such title is amended— 
(1) by striking paragraphs (1) through (4) and 
inserting the following: 
‘‘(1) Providing input to strategy reviews, in-
cluding quadrennial defense reviews conducted pur-
suant to section 118 of this title, on matters related 
to— 
‘‘(A) the defense industrial base; and 
‘‘(B) materials critical to national security. 
‘‘(2) Establishing policies of the Department of 
Defense for developing and maintaining the defense
412 
industrial base of the United States and ensuring a 
secure supply of materials critical to national secu-
rity. 
‘‘(3) Providing recommendations to the Under 
Secretary on budget matters pertaining to the indus-
trial base, the supply chain, and the development 
and retention of skills necessary to support the in-
dustrial base. 
‘‘(4) Providing recommendations and acquisi-
tion policy guidance to the Under Secretary on sup-
ply chain management and supply chain vulner-
ability throughout the entire supply chain, from sup-
pliers of raw materials to producers of major end 
items.’’. 
(2) by striking paragraph (5) and redesignating 
paragraphs (6), (7), (8), (9), and (10) as para-
graphs (5), (6), (7), (8), and (9), respectively; 
(3) by inserting after paragraph (9), as so re-
designated, the following new paragraph (10): 
‘‘(10) Providing policy and oversight of matters 
related to materials critical to national security to 
ensure a secure supply of such materials to the De-
partment of Defense.’’. 
(4) by redesignating paragraph (15) as para-
graph (18); and
413 
(5) by inserting after paragraph (14) the fol-
lowing new paragraphs: 
‘‘(15) Coordinating with the Director of Small 
Business Programs on all matters related to indus-
trial base policy of the Department of Defense. 
‘‘(16) Ensuring reliable sources of materials 
critical to national security, such as specialty metals, 
armor plate, and rare earth elements. 
‘‘(17) Establishing policies of the Department 
of Defense for continued reliable resource availability 
from domestic sources and allied nations for the in-
dustrial base of the United States.’’. 
(d) MATERIALS CRITICAL TO NATIONAL SECURITY 
DEFINED.—Section 139c of such title is further amended 
by adding at the end the following new subsection: 
‘‘(d) MATERIALS CRITICAL TO NATIONAL SECURITY 
DEFINED.—In this section, the term ‘materials critical to 
national security’ has the meaning given that term in sec-
tion 187(e)(1) of this title.’’. 
(e) AMENDMENTS TO STRATEGIC MATERIALS PRO-
TECTION BOARD.— 
(1) MEMBERSHIP.—Paragraph (2) of section 
187(a) of such title is amended to read as follows: 
‘‘(2) The Board shall be composed of the following:
414 
‘‘(A) The Deputy Assistant Secretary of De-
fense for Manufacturing and Industrial Base Policy, 
who shall be the chairman of the Board. 
‘‘(B) The Administrator of the Defense Logis-
tics Agency Strategic Materials, or any successor or-
ganization, who shall be the vice chairman of the 
Board. 
‘‘(C) A designee of the Assistant Secretary of 
the Army for Acquisition, Logistics, and Technology. 
‘‘(D) A designee of the Assistant Secretary of 
the Navy for Research, Development, and Acquisi-
tion. 
‘‘(E) A designee of the Assistant Secretary of 
the Air Force for Acquisition.’’. 
(2) DUTIES.—Paragraphs (3) and (4) of sec-
tion 187(b) of such title are each amended by strik-
ing ‘‘President’’ and inserting ‘‘Secretary’’. 
(3) MEETINGS.—Section 187(c) of such title is 
amended by striking ‘‘Secretary of Defense’’ and in-
serting ‘‘Deputy Assistant Secretary of Defense for 
Manufacturing and Industrial Base Policy’’. 
(4) REPORTS.—Section 187(d) of such title is 
amended to read as follows: 
‘‘(d) REPORTS.—(1) After each meeting of the 
Board, the Board shall prepare a report containing the
415 
results of the meeting and such recommendations as the 
Board determines appropriate. The Secretary of each mili-
tary department shall review and comment on the report. 
‘‘(2) Each such report shall be published in the Fed-
eral Register and subsequently submitted to the congres-
sional defense committees, together with public comments 
and comments and recommendations from the Secretary 
of Defense, not later than 90 days after the meeting cov-
ered by the report.’’. 
SEC. 902. REQUIREMENT FOR FOCUS ON URGENT OPER-
ATIONAL NEEDS AND RAPID ACQUISITION. 
(a) DESIGNATION
OF SENIOR OFFICIAL RESPON-
SIBLE FOR FOCUS ON URGENT OPERATIONAL NEEDS 
AND RAPID ACQUISITION.— 
(1) IN GENERAL.—The Secretary of Defense, 
after consultation with the Secretaries of the mili-
tary departments, shall designate a senior official in 
the Office of the Secretary of Defense as the prin-
cipal official of the Department of Defense respon-
sible for leading the Department’s actions on urgent 
operational needs and rapid acquisition, in accord-
ance with this section. 
(2) STAFF
AND
RESOURCES.—The Secretary 
shall assign to the senior official designated under 
paragraph (1) appropriate staff and resources nec-
416 
essary to carry out the official’s functions under this 
section. 
(b) RESPONSIBILITIES.—The senior official des-
ignated under subsection (a) shall be responsible for the 
following: 
(1) Acting as an advocate within the Depart-
ment of Defense for issues related to the Depart-
ment’s ability to rapidly respond to urgent oper-
ational needs, including programs funded and car-
ried out by the military departments. 
(2) Improving visibility of urgent operational 
needs throughout the Department, including across 
the military departments, the Defense Agencies, and 
all other entities and processes in the Department 
that address urgent operational needs. 
(3) Ensuring that tools and mechanisms are 
used to track, monitor, and manage the status of ur-
gent operational needs within the Department, from 
validation through procurement and fielding, includ-
ing a formal feedback mechanism for the armed 
forces to provide information on how well fielded so-
lutions are meeting urgent operational needs. 
(c) URGENT OPERATIONAL NEEDS DEFINED.—In 
this section, the term ‘‘urgent operational needs’’ means 
capabilities that are determined by the Secretary of De-
417 
fense, pursuant to the review process required by section 
804(b) of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (10 U.S.C. 2302 note), to be 
suitable for rapid fielding in response to urgent oper-
ational needs. 
SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE 
SENIOR 
OFFICIAL 
FOR 
ENTERPRISE 
RE-
SOURCE PLANNING SYSTEM DATA CONVER-
SION. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall— 
(1) designate a senior official of the Depart-
ment of Defense as the official with principal re-
sponsibility for coordination and management over-
sight of data conversion for all enterprise resource 
planning systems of the Department; and 
(2) set forth the responsibilities of that senior 
official with respect to such data conversion. 
SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES 
FOR DEPUTY ASSISTANT SECRETARY OF DE-
FENSE 
FOR 
DEVELOPMENTAL 
TEST 
AND 
EVALUATION. 
(a) SUPERVISION.—Section 139b(a)(3) of title 10, 
United States Code, is amended by striking ‘‘to the Under 
Secretary’’ before the period and inserting ‘‘directly to the
418 
Under Secretary, without the interposition of any other 
supervising official’’. 
(b) CONCURRENT SERVICE.—Section 139b(a)(7) of 
such title is amended by striking ‘‘may’’ and inserting 
‘‘shall’’. 
(c) RESOURCES.—Section 139b(a) of such title is 
amended by adding at the end the following new para-
graph: 
‘‘(8) RESOURCES.— 
‘‘(A) The President shall include in the 
budget transmitted to Congress, pursuant to 
section 1105 of title 31, for each fiscal year, a 
separate statement of estimated expenditures 
and proposed appropriations for the fiscal year 
for the activities of the Deputy Assistant Sec-
retary of Defense for Developmental Test and 
Evaluation in carrying out the duties and re-
sponsibilities of the Deputy Assistant Secretary 
under this section. 
‘‘(B) The Deputy Assistant Secretary of 
Defense for Developmental Test and Evaluation 
shall have sufficient professional staff of mili-
tary and civilian personnel to enable the Deputy 
Assistant Secretary to carry out the duties and 
responsibilities prescribed by law. The resources
419 
for the Deputy Assistant Secretary shall be 
comparable to the resources, including Senior 
Executive Service positions, other civilian posi-
tions, and military positions, available to the 
Director of Operational Test and Evaluation.’’. 
(d) ANNUAL REPORT.—Section 139b(d) of such title 
is amended— 
(1) in the subsection heading, by striking 
‘‘JOINT’’; 
(2) by redesignating paragraphs (1), (2), (3), 
and (4) as subparagraphs (A), (B), (C), and (D), re-
spectively; 
(3) by inserting ‘‘(1)’’ before ‘‘Not later than 
March 31’’; 
(4) in the matter appearing before subpara-
graph (A), as so redesignated, by striking ‘‘jointly’’ 
and inserting ‘‘each’’; and 
(5) by adding at the end the following new 
paragraph: 
‘‘(2) With respect to the report required under para-
graph (1) by the Deputy Assistant Secretary of Defense 
for Developmental Test and Evaluation— 
‘‘(A) the report shall include a separate section 
that covers the activities of the Department of De-
fense Test Resource Management Center (estab-
420 
lished under section 196 of this title) during the pre-
ceding year; and 
‘‘(B) the report shall be transmitted to the 
Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics at the same time it is sub-
mitted to the congressional defense committees.’’. 
SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE 
CORPS.— 
(1) REDESIGNATION
OF
MILITARY
DEPART-
MENT.—The military department designated as the 
Department of the Navy is redesignated as the De-
partment of the Navy and Marine Corps. 
(2) 
REDESIGNATION
OF
SECRETARY
AND 
OTHER STATUTORY OFFICES.— 
(A) SECRETARY.—The position of the Sec-
retary of the Navy is redesignated as the Sec-
retary of the Navy and Marine Corps. 
(B) OTHER
STATUTORY
OFFICES.—The 
positions of the Under Secretary of the Navy, 
the four Assistant Secretaries of the Navy, and 
the General Counsel of the Department of the
421 
Navy are redesignated as the Under Secretary 
of the Navy and Marine Corps, the Assistant 
Secretaries of the Navy and Marine Corps, and 
the General Counsel of the Department of the 
Navy and Marine Corps, respectively. 
(b) CONFORMING
AMENDMENTS
TO
TITLE
10, 
UNITED STATES CODE.— 
(1) 
DEFINITION
OF
‘‘MILITARY
DEPART-
MENT’’.—Paragraph (8) of section 101(a) of title 
10, United States Code, is amended to read as fol-
lows: 
‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the 
Navy and Marine Corps, and the Department of the 
Air Force.’’. 
(2) ORGANIZATION OF DEPARTMENT.—The text 
of section 5011 of such title is amended to read as 
follows: ‘‘The Department of the Navy and Marine 
Corps is separately organized under the Secretary of 
the Navy and Marine Corps.’’. 
(3) 
POSITION
OF
SECRETARY.—Section 
5013(a)(1) of such title is amended by striking 
‘‘There is a Secretary of the Navy’’ and inserting 
‘‘There is a Secretary of the Navy and Marine 
Corps’’.
422 
(4) CHAPTER HEADINGS.— 
(A) The heading of chapter 503 of such 
title is amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(B) The heading of chapter 507 of such 
title is amended to read as follows: 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(5) OTHER AMENDMENTS.— 
(A) Title 10, United States Code, is 
amended by striking ‘‘Department of the Navy’’ 
and ‘‘Secretary of the Navy’’ each place they 
appear other than as specified in paragraphs 
(1), (2), (3), and (4) (including in section head-
ings, subsection captions, tables of chapters, 
and tables of sections) and inserting ‘‘Depart-
ment of the Navy and Marine Corps’’ and ‘‘Sec-
retary of the Navy and Marine Corps’’, respec-
tively, in each case with the matter inserted to 
be in the same typeface and typestyle as the 
matter stricken. 
(B)(i) 
Sections 
5013(f), 
5014(b)(2), 
5016(a), 5017(2), 5032(a), and 5042(a) of
423 
such title are amended by striking ‘‘Assistant 
Secretaries of the Navy’’ and inserting ‘‘Assist-
ant Secretaries of the Navy and Marine Corps’’. 
(ii) The heading of section 5016 of such 
title, and the item relating to such section in 
the table of sections at the beginning of chapter 
503 of such title, are each amended by insert-
ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 
with the matter inserted in each case to be in 
the same typeface and typestyle as the matter 
amended. 
(c) OTHER PROVISIONS OF LAW AND OTHER REF-
ERENCES.— 
(1) TITLE 37, UNITED STATES CODE.—Title 37, 
United States Code, is amended by striking ‘‘De-
partment of the Navy’’ and ‘‘Secretary of the Navy’’ 
each place they appear and inserting ‘‘Department 
of the Navy and Marine Corps’’ and ‘‘Secretary of 
the Navy and Marine Corps’’, respectively. 
(2) OTHER
REFERENCES.—Any reference in 
any law other than in title 10 or title 37, United 
States Code, or in any regulation, document, record, 
or other paper of the United States, to the Depart-
ment of the Navy shall be considered to be a ref-
erence to the Department of the Navy and Marine
424 
Corps. Any such reference to an office specified in 
subsection (a)(2) shall be considered to be a ref-
erence to that office as redesignated by that section. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the first 
day of the first month beginning more than 60 days after 
the date of the enactment of this Act. 
Subtitle B—Space Activities 
SEC. 911. ANNUAL ASSESSMENT OF THE SYNCHRONI-
ZATION OF SEGMENTS IN SPACE PROGRAMS 
THAT ARE MAJOR DEFENSE ACQUISITION 
PROGRAMS. 
(a) ANNUAL ASSESSMENT.—Not later than 180 days 
after the date of the enactment of this Act, and annually 
thereafter for five years, the Under Secretary of Defense 
for Acquisition, Technology, and Logistics shall annually 
submit to the congressional defense committees an assess-
ment of the synchronization of the operability of the pro-
gram segments of each space program that is a major de-
fense acquisition program. 
(b) CONTENTS.—Each assessment required under 
subsection (a) shall include— 
(1) a description of the intended primary capa-
bilities of each space program that is a major de-
fense acquisition program and the level of operability
425 
of each program segment of such space program at 
the time of such assessment; 
(2) a schedule for the deployment of such in-
tended primary capabilities of such space program in 
each such program segment and in such space pro-
gram as a whole; 
(3) for each such space program for which a 
primary capability of such program will be operable 
by one program segment at least one year after the 
date on which such capability is operable by another 
program segment— 
(A) an explanation of the reasons that 
such primary capability will be operable by one 
program segment at least one year after the 
date such capability is operable by another pro-
gram segment; and 
(B) an identification of the steps the De-
partment is taking to improve the alignment of 
when the program segments become operable 
and the related challenges, costs, and risks; and 
(4) a description of the impact on the mission 
of such space program caused by such primary capa-
bility being operable by one program segment at 
least one year after the date such capability is oper-
able by another program segment.
426 
(c) DEFINITIONS.—In this section: 
(1) MAJOR
DEFENSE
ACQUISITION
PROGRAM 
DEFINED.—The term ‘‘major defense acquisition 
program’’ has the meaning given the term in section 
2430 of title 10, United States Code. 
(2) PROGRAM SEGMENT.—The term ‘‘program 
segment’’ means, with respect to a space program 
that is a major defense acquisition program, the fol-
lowing segments: 
(A) The portion of such program that is 
satellite-based. 
(B) The portion of such program that is 
ground-based. 
(C) The portion of such program that is 
operated by the end-user. 
SEC. 912. REPORT ON OVERHEAD PERSISTENT INFRARED 
TECHNOLOGY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) there are significant investments in over-
head persistent infrared technology that span mul-
tiple agencies and support a variety of missions, in-
cluding missile warning, missile defense, battle space 
awareness, and technical intelligence; and
427 
(2) further efforts should be made to fully ex-
ploit overhead persistent infrared sensor data. 
(b) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in consultation with the Director of National Intelligence, 
shall submit to the congressional defense committees, the 
Permanent Select Committee on Intelligence of the House 
of Representatives, and the Select Committee on Intel-
ligence of the Senate a report on overhead persistent infra-
red technology that includes— 
(1) an assessment of whether there are further 
opportunities for the Department of Defense and the 
intelligence community (as defined in section 3(4) of 
the National Security Act of 1947 (50 U.S.C. 
401a(4))) to capitalize on increased data sharing, 
fusion, interoperability, and exploitation; and 
(2) recommendations on how to better coordi-
nate the efforts by the Department and the intel-
ligence community to exploit overhead persistent in-
frared sensor data. 
(c) COMPTROLLER
GENERAL
ASSESSMENT.—Not 
later than 90 days after the date on which the Secretary 
of Defense submits the report required under subsection 
(b), the Comptroller General of the United States shall 
submit to the congressional defense committees an assess-
428 
ment of the report required under subsection (b), includ-
ing— 
(1) an assessment of whether such report is 
comprehensive, fully supported, and sufficiently de-
tailed; and 
(2) an identification of any shortcomings, limi-
tations, or other reportable matters that affect the 
quality or findings of the report required under sub-
section (b). 
SEC. 913. PROHIBITION ON USE OF FUNDS TO IMPLEMENT 
INTERNATIONAL AGREEMENT ON SPACE AC-
TIVITIES THAT HAS NOT BEEN RATIFIED BY 
THE SENATE OR AUTHORIZED BY STATUTE. 
(a) PROHIBITION.—None of the funds authorized to 
be appropriated by this Act or any other Act may be used 
by the Secretary of Defense or the Director of National 
Intelligence to limit the activities of the Department of 
Defense or the intelligence community (as defined in sec-
tion 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4))) in outer space to implement or comply with an 
international agreement concerning outer space activities 
unless such agreement is ratified by the Senate or author-
ized by statute. 
(b) REPORT ON INTERNATIONAL AGREEMENT NEGO-
TIATIONS.—
429 
(1) REPORT
REQUIRED.—Not later than 90 
days after the date of the enactment of this Act, and 
every 90 days thereafter, the Secretary of State and 
the Secretary of Defense shall submit to the appro-
priate congressional committees a report on the 
progress of negotiations on an international agree-
ment concerning outer space activities. Such report 
shall include a description of which foreign countries 
have agreed to sign such an international agreement 
and any implications that the draft of the agreement 
being negotiated may have on both classified and un-
classified military and intelligence activities of the 
United States in outer space. 
(2) FORM.— 
(A) UNCLASSIFIED.—Except as provided 
in subparagraph (B), each report required 
under paragraph (1) shall be submitted in un-
classified form. 
(B) CLASSIFIED
ANNEX.—The Secretary 
of Defense may submit to the Committee on 
Armed Services and the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives and the Committee on Armed Serv-
ices and the Select Committee on Intelligence of 
the Senate a classified annex to a report re-
430 
quired under paragraph (1) containing any clas-
sified information required to be submitted for 
such report. 
(3) TERMINATION DATE.—The requirement to 
submit a report under paragraph (1) shall cease to 
apply on the date on which the President submits to 
the appropriate congressional committees a certifi-
cation that the United States is no longer involved 
in negotiations on an international agreement con-
cerning outer space activities. 
(4) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the Committee on Armed Services, the 
Permanent Select Committee on Intelligence, 
the Committee on Foreign Affairs, and the 
Committee on Science, Space, and Technology 
of the House of Representatives; and 
(B) the Committee on Armed Services, the 
Select Committee on Intelligence, the Com-
mittee on Foreign Relations, and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate. 
(c) REPORT
ON FOREIGN COUNTER-SPACE PRO-
GRAMS.—
431 
(1) REPORT REQUIRED.—Chapter 135 of title 
10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 2275. Report on foreign counter-space programs 
‘‘(a) REPORT REQUIRED.—Not later than January 1 
of each year, the Secretary of Defense shall submit to Con-
gress a report on the counter-space programs of foreign 
countries. 
‘‘(b) CONTENTS.—Each report required under sub-
section (a) shall include— 
‘‘(1) an explanation of whether any foreign 
country has a counter-space program that could be 
a threat to the national security or commercial space 
systems of the United States; and 
‘‘(2) the name of each country with a counter- 
space program described in paragraph (1). 
‘‘(c) FORM.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), each report required under sub-
section (a) shall be submitted in unclassified form. 
‘‘(2) CLASSIFIED
ANNEX.—The Secretary of 
Defense may submit to the covered congressional 
committees a classified annex to a report required 
under subsection (a) containing any classified infor-
mation required to be submitted for such report.
432 
‘‘(3) FOREIGN COUNTRY NAMES.— 
‘‘(A) UNCLASSIFIED
FORM.—Subject to 
subparagraph (B), each report required under 
subsection (a) shall include the information re-
quired under subsection (b)(2) in unclassified 
form. 
‘‘(B) NATIONAL SECURITY WAIVER.—The 
Secretary of Defense may waive the require-
ment under subparagraph (A) if the Secretary 
determines it is in the interests of national se-
curity to waive such requirement and submits 
to Congress an explanation of why the Sec-
retary waived such requirement. 
‘‘(d) PROHIBITION ON USE OF FUNDS FOR NON- 
COMPLIANCE.—If in any fiscal year the Secretary of De-
fense does not submit a report required under subsection 
(a) on or before the date on which such report is required 
to be submitted, none of the funds authorized to be appro-
priated by any Act for such fiscal year for activities of 
the Department of Defense may be used for travel related 
to the negotiation of an international agreement con-
cerning outer space activities until such report is sub-
mitted. 
‘‘(e) COVERED CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘covered congressional
433 
committees’ means the Committee on Armed Services and 
the Permanent Select Committee on Intelligence of the 
House of Representatives and the Committee on Armed 
Services and the Select Committee on Intelligence of the 
Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 135 of title 10, 
United States Code, is amended by adding at the 
end the following new item: 
‘‘2275. Report on foreign counter-space programs.’’. 
SEC. 914. ASSESSMENT OF FOREIGN COMPONENTS AND 
THE SPACE LAUNCH CAPABILITY OF THE 
UNITED STATES. 
(a) ASSESSMENT.—The Secretary of the Air Force 
shall enter into an agreement with a federally funded re-
search and development center to conduct an independent 
assessment of the national security implications of con-
tinuing to use foreign component and propulsion systems 
for the launch vehicles under the evolved expendable 
launch vehicle program. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the federally funded research 
and development center shall submit to the congressional 
defense committees a report on the assessment conducted 
under subsection (a).
434 
SEC. 915. REPORT ON COUNTER SPACE TECHNOLOGY. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, and annually thereafter for 
two years, the Secretary of Defense shall submit to the 
congressional defense committees, the Committee on For-
eign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate a report 
based on all available information describing key space 
technologies that could be used, or are being sought, by 
a foreign country with a counter space or ballistic missile 
program, and should be subject to export controls by the 
United States or an ally of the United States, as appro-
priate. 
(b) FORM.—Each report required under subsection 
(a) shall be submitted in unclassified form, but may in-
clude a classified annex. 
SEC. 916. COMMERCIAL SPACE LAUNCH COOPERATION. 
(a) IN GENERAL.—Chapter 135 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2276. Commercial space launch cooperation 
‘‘(a) AUTHORITY.—The Secretary of Defense may 
take such actions as the Secretary considers to be in the 
best interest of the Federal Government to— 
‘‘(1) maximize the use of the capacity of the 
space transportation infrastructure of the Depart-
435 
ment of Defense by the private sector in the United 
States; 
‘‘(2) maximize the effectiveness and efficiency 
of the space transportation infrastructure of the De-
partment of Defense; 
‘‘(3) reduce the cost of services provided by the 
Department of Defense related to space transpor-
tation infrastructure at launch support facilities and 
space recovery support facilities; 
‘‘(4) encourage commercial space activities by 
enabling investment by covered entities in the space 
transportation infrastructure of the Department of 
Defense; and 
‘‘(5) foster cooperation between the Department 
of Defense and covered entities. 
‘‘(b) AUTHORITY
FOR
CONTRACTS
AND
OTHER 
AGREEMENTS RELATING TO SPACE TRANSPORTATION IN-
FRASTRUCTURE.—The Secretary of Defense— 
‘‘(1) may enter into an agreement with a cov-
ered entity to provide the covered entity with sup-
port and services related to the space transportation 
infrastructure of the Department of Defense; and 
‘‘(2) upon the request of such covered entity, 
may include such support and services in the space
436 
launch and reentry range support requirements of 
the Department of Defense if— 
‘‘(A) the Secretary determines that the in-
clusion of such support and services in such re-
quirements— 
‘‘(i) is in the best interest of the Fed-
eral Government; 
‘‘(ii) does not interfere with the re-
quirements of the Department of Defense; 
and 
‘‘(iii) does not compete with the com-
mercial space activities of other covered en-
tities, unless that competition is in the na-
tional security interests of the United 
States; and 
‘‘(B) any commercial requirement included 
in the agreement has full non-Federal funding 
before the execution of the agreement. 
‘‘(c) CONTRIBUTIONS.— 
‘‘(1) IN GENERAL.—The Secretary of Defense 
may enter into an agreement with a covered entity 
on a cooperative and voluntary basis to accept con-
tributions of funds, services, and equipment to carry 
out this section.
437 
‘‘(2) USE
OF
CONTRIBUTIONS.—Any funds, 
services, or equipment accepted by the Secretary 
under this subsection— 
‘‘(A) may be used only for the objectives 
specified in this section in accordance with 
terms of use set forth in the agreement entered 
into under this subsection; and 
‘‘(B) shall be managed by the Secretary in 
accordance with regulations of the Department 
of Defense. 
‘‘(3) 
REQUIREMENTS
WITH
RESPECT
TO 
AGREEMENTS.—An agreement entered into with a 
covered entity under this subsection— 
‘‘(A) shall address the terms of use, owner-
ship, and disposition of the funds, services, or 
equipment contributed pursuant to the agree-
ment; and 
‘‘(B) shall include a provision that the cov-
ered entity will not recover the costs of its con-
tribution through any other agreement with the 
United States. 
‘‘(d) DEFENSE COOPERATION SPACE LAUNCH AC-
COUNT.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a special account
438 
to be known as the ‘Defense Cooperation Space 
Launch Account’. 
‘‘(2) CREDITING
OF
FUNDS.—Funds received 
by the Secretary of Defense under subsection (c) 
shall be credited to the Defense Cooperation Space 
Launch Account. 
‘‘(3) USE OF FUNDS.—Funds deposited in the 
Defense Cooperation Space Launch Account under 
paragraph (2) are authorized to be appropriated and 
shall be available for obligation only to the extent 
provided in advance in an appropriation Act for 
costs incurred by the Department of Defense in car-
rying out subsection (b). Funds in the Account shall 
remain available until expended. 
‘‘(e) ANNUAL REPORT.—Not later than January 31 
of each year, the Secretary of Defense shall submit to the 
congressional defense committees a report on the funds, 
services, and equipment accepted and used by the Sec-
retary under this section during the preceding fiscal year. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out this section. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) COVERED ENTITY.—The term ‘covered en-
tity’ means a non-Federal entity that—
439 
‘‘(A) is organized under the laws of the 
United States or of any jurisdiction within the 
United States; and 
‘‘(B) is engaged in commercial space ac-
tivities. 
‘‘(2) LAUNCH SUPPORT FACILITIES.—The term 
‘launch support facilities’ has the meaning given the 
term in section 50501(7) of title 51. 
‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— 
The term ‘space recovery support facilities’ has the 
meaning given the term in section 50501(11) of title 
51. 
‘‘(4) SPACE
TRANSPORTATION
INFRASTRUC-
TURE.—The term ‘space transportation infrastruc-
ture’ has the meaning given that term in section 
50501(12) of title 51.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2276. Commercial space launch cooperation.’’.
440 
Subtitle C—Intelligence-Related 
Activities 
SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTEL-
LIGENCE SUPPORT TO CERTAIN SECURITY 
ALLIANCES AND REGIONAL ORGANIZATIONS. 
(a) AUTHORIZATION.—Section 443(a) of title 10, 
United States Code, is amended— 
(1) by striking ‘‘The Director’’ and inserting 
‘‘(1) Subject to paragraph (2), the Director’’; 
(2) by striking ‘‘foreign countries’’ and insert-
ing ‘‘foreign countries, regional organizations with 
defense or security components, and security alli-
ances of which the United States is a member’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) In each case in which the Director of the Na-
tional Geospatial-Intelligence Agency provides imagery in-
telligence or geospatial information support to a regional 
organization or security alliance under paragraph (1), the 
Director shall— 
‘‘(A) ensure that such intelligence and such 
support are not provided by such regional organiza-
tion or such security alliance to any other person or 
entity;
441 
‘‘(B) notify the congressional defense commit-
tees, the Permanent Select Committee on Intel-
ligence of the House of Representatives, and the Se-
lect Committee on Intelligence of the Senate, that 
the Director has provided such intelligence or such 
support; and 
‘‘(C) coordinate the provision of such intel-
ligence and such support with the commander of the 
appropriate combatant command.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
443 of title 10, United States Code, is amended by 
striking ‘‘foreign countries’’ and inserting 
‘‘foreign 
countries, 
regional 
organiza-
tions, and security alliances’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 22 of title 10, United 
States Code, is amended by striking the item relat-
ing to section 443 and inserting the following new 
item: 
‘‘443. Imagery intelligence and geospatial information: support for foreign coun-
tries, regional organizations, and security alliances.’’.
442 
SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE 
IN NAME OF NATIONAL DEFENSE INTEL-
LIGENCE COLLEGE TO NATIONAL INTEL-
LIGENCE UNIVERSITY. 
(a) CONFORMING AMENDMENTS TO REFLECT NAME 
CHANGE.—Section 2161 of title 10, United States Code, 
is amended by striking ‘‘National Defense Intelligence 
College’’ each place it appears and inserting ‘‘National In-
telligence University’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 2161. Degree granting authority for National Intel-
ligence University’’. 
(2) TABLE OF SECTIONS.—The item related to 
such section in the table of sections at the beginning 
of chapter 108 of such title is amended to read as 
follows: 
‘‘2161. Degree granting authority for National Intelligence University.’’. 
Subtitle D—Total Force 
Management 
SEC. 931. LIMITATION ON CERTAIN FUNDING UNTIL CER-
TIFICATION 
THAT 
INVENTORY 
OF 
CON-
TRACTS FOR SERVICES HAS BEGUN. 
(a) LIMITATION
ON FUNDING
FOR CERTAIN OF-
FICES.—Of the funds authorized to be appropriated for
443 
fiscal year 2013 as specified in the funding table in section 
4301, not more than 80 percent of the funds authorized 
for the Office of the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics; the Office of the As-
sistant Secretary of the Navy for Research, Development, 
and Acquisition; and the Office of the Assistant Secretary 
of the Air Force for Acquisition may be obligated or ex-
pended until the certification described in subsection (c) 
is submitted. 
(b) LIMITATION
ON FUNDING
FOR OTHER CON-
TRACTS.—Of the funds authorized for other contracts or 
other services to be appropriated for fiscal year 2013 as 
specified in the funding table in section 4301, not more 
than 80 percent of the funds authorized for the Office of 
the Secretary of Defense, the Department of the Navy, 
and the Department of the Air Force may be obligated 
or expended until the certification described in subsection 
(c) is submitted. 
(c) CERTIFICATION.—The certification described in 
this subsection is a certification in writing submitted to 
the congressional defense committees and made by the 
Secretary of Defense that the collection of data for pur-
poses of meeting the requirements of section 2330a of title 
10, United States Code, has begun.
444 
(d) DEFINITION.—In this section, the term ‘‘other 
contracts or other services’’ means funding described in 
line 0989 within Exhibit OP–32 of the justification mate-
rials accompanying the President’s budget request for fis-
cal year 2013. 
SEC. 932. REQUIREMENT TO ENSURE SUFFICIENT LEVELS 
OF GOVERNMENT MANAGEMENT, CONTROL, 
AND OVERSIGHT OF FUNCTIONS CLOSELY AS-
SOCIATED 
WITH 
INHERENTLY 
GOVERN-
MENTAL FUNCTIONS. 
Section 129a of title 10, United States Code, is 
amended— 
(1) in subparagraph (B) of subsection (f)(3), by 
inserting after ‘‘Government’’ the following: ‘‘man-
agement, control, and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) REQUIREMENT FOR MANAGEMENT, CONTROL, 
AND OVERSIGHT
OR APPROPRIATE CORRECTIVE AC-
TIONS.—For purposes of subsection (f)(3)(B), if insuffi-
cient levels of Government management, control, and over-
sight are found, the Secretary of the military department 
or head of the Defense agency responsible shall provide 
such management, control, and oversight or take appro-
priate corrective actions, including potential conversion to
445 
Government performance, consistent with this section and 
sections 129 and 2463 of this title.’’. 
SEC. 933. SPECIAL MANAGEMENT ATTENTION REQUIRED 
FOR CERTAIN FUNCTIONS IDENTIFIED IN IN-
VENTORY OF CONTRACTS FOR SERVICES. 
Subparagraph (C) of section 2330a(e)(2) of title 10, 
United States Code, is amended to read as follows: 
‘‘(C) special management attention is 
being given to functions identified in the inven-
tory as being closely associated with inherently 
governmental functions; and’’. 
Subtitle E—Cyberspace-Related 
Matters 
SEC. 941. MILITARY ACTIVITIES IN CYBERSPACE. 
Section 954 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1551) is amended to read as follows: 
‘‘SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE. 
‘‘(a) AFFIRMATION.—Congress affirms that the Sec-
retary of Defense is authorized to conduct military activi-
ties in cyberspace. 
‘‘(b) AUTHORITY DESCRIBED.—The authority re-
ferred to in subsection (a) includes the authority to carry 
out a clandestine operation in cyberspace—
446 
‘‘(1) in support of a military operation pursuant 
to the Authorization for Use of Military Force (50 
U.S.C. 1541 note; Public Law 107–40) against a 
target located outside of the United States; or 
‘‘(2) to defend against a cyber attack against 
an asset of the Department of Defense. 
‘‘(c) RULE OF CONSTRUCTION REGARDING AUTHOR-
ITY IN CYBERSPACE.—Nothing in this section shall be 
construed to limit the authority of the Secretary of De-
fense to conduct military activities in cyberspace. 
‘‘(d) RULE OF CONSTRUCTION REGARDING COVERT 
ACTIONS.—Nothing in this section shall be construed to 
authorize a covert action (as defined in section 503(e) of 
the National Security Act of 1947 (50 U.S.C. 413b(e))) 
or modify the requirements of section 503 of such Act (50 
U.S.C. 413b). 
‘‘(e) CONGRESSIONAL
NOTIFICATION.—Consistent 
with, and in addition to, any other reporting requirements 
under law, the Secretary of Defense shall ensure that the 
congressional intelligence committees (as defined in sec-
tion 3(7) of the National Security Act of 1947 (50 U.S.C. 
401a(7))) are kept fully and currently informed of any in-
telligence or intelligence-related activities undertaken in 
support of military activities in cyberspace.’’.
447 
SEC. 942. QUARTERLY CYBER OPERATIONS BRIEFINGS. 
(a) BRIEFINGS.—Chapter 23 of title 10, United 
States Code, is amended by inserting after section 483 the 
following new section: 
‘‘§ 484. Quarterly cyber operations briefings 
‘‘The Secretary of Defense shall provide to the Com-
mittees on Armed Services of the House of Representa-
tives and the Senate quarterly briefings on all offensive 
and significant defensive military operations in cyberspace 
carried out by the Department of Defense during the im-
mediately preceding quarter.’’. 
(b) INITIAL BRIEFING.—The first briefing required 
under section 484 of title 10, United States Code, as 
added by subsection (a), shall be provided not later than 
March 1, 2013. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 23 of title 10, United States 
Code, is amended by inserting after the item relating to 
section 483 the following new item: 
‘‘484. Quarterly cyber operations briefings.’’. 
Subtitle F—Other Matters 
SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIR-
MAN OF JOINT CHIEFS OF STAFF AND JOINT 
REQUIREMENTS OVERSIGHT COUNCIL. 
(a) AMENDMENTS RELATED TO CHAIRMAN OF JOINT 
CHIEFS OF STAFF.—Section 153(a)(4) of title 10, United
448 
States Code, is amended by striking subparagraph (F) 
and inserting the following new subparagraphs: 
‘‘(F) Identifying, assessing, and approving 
military requirements (including existing sys-
tems and equipment) to meet the national mili-
tary strategy. 
‘‘(G) Recommending to the Secretary ap-
propriate trade-offs among life-cycle cost, 
schedule, and performance objectives to ensure 
that such trade-offs are made in the acquisition 
of materiel and equipment to meet military re-
quirements in a manner that best supports the 
strategic and contingency plans required by 
subsection (a).’’. 
(b) AMENDMENTS RELATED
TO JROC.—Section 
181(b) of such title is amended— 
(1) in paragraph (1)(C), by striking ‘‘in ensur-
ing’’ and all that follows through ‘‘requirements’’ 
and inserting the following: ‘‘in ensuring that appro-
priate trade-offs are made among life-cycle cost, 
schedule, and performance objectives in the acquisi-
tion of materiel and equipment to meet military re-
quirements’’; and
449 
(2) in paragraph (3), by striking ‘‘such resource 
level’’ and inserting ‘‘the total cost of such re-
sources’’. 
(c) AMENDMENTS RELATED CHIEFS
OF ARMED 
FORCES.—Section 2547(a) of such title is amended— 
(1) in paragraph (1), by striking ‘‘of require-
ments relating to the defense acquisition system’’ 
and inserting ‘‘and certification of requirements for 
equipping the armed force concerned’’; 
(2) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), respectively; and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraphs: 
‘‘(3) The recommendation of trade-offs among 
life-cycle cost, schedule, and performance objectives 
to ensure acquisition programs to equip the armed 
force concerned deliver best value. 
‘‘(4) Termination of development or procure-
ment programs that fail to meet life-cycle cost, 
schedule, and performance objectives.’’.
450 
SEC. 952. EXPANSION OF PERSONS ELIGIBLE FOR EXPE-
DITED FEDERAL HIRING FOLLOWING COM-
PLETION 
OF 
NATIONAL 
SECURITY 
EDU-
CATION PROGRAM SCHOLARSHIP. 
Section 802(k) of the David L. Boren National Secu-
rity Education Act of 1991 (50 U.S.C. 1902(k)) is amend-
ed to read as follows: 
‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 
‘‘(1) APPOINTMENT
AUTHORITY.—The Sec-
retary of Defense, the Secretary of Homeland Secu-
rity, the Secretary of State, or the head of a Federal 
agency or office identified by the Secretary of De-
fense under subsection (g) as having national secu-
rity responsibilities— 
‘‘(A) may, without regard to any provision 
of title 5 governing appointments in the com-
petitive service, appoint an eligible program 
participant— 
‘‘(i) to a position in the excepted serv-
ice that is certified by the Secretary of De-
fense under clause (i) of subsection 
(b)(2)(A) as contributing to the national 
security of the United States; or 
‘‘(ii) subject to clause (ii) of such sub-
section, to a position in the excepted serv-
451 
ice in such Federal agency or office identi-
fied by the Secretary; and 
‘‘(B) may, upon satisfactory completion of 
two years of substantially continuous service by 
an incumbent who was appointed to an ex-
cepted service position under the authority of 
subparagraph (A), convert the appointment of 
such individual, without competition, to a career 
or career conditional appointment. 
‘‘(2) TREATMENT
OF
CERTAIN
SERVICE.—In 
the case of an eligible program participant described 
in clause (ii) or (iii) of paragraph (3)(B) who re-
ceives an appointment under paragraph (1)(A), the 
head of a Department or Federal agency or office 
referred to in paragraph (1) may count any period 
that the individual served in a position with the Fed-
eral Government towards satisfaction of the service 
requirement under paragraph (1)(B) if that serv-
ice— 
‘‘(A) in the case of an appointment under 
clause (i) of paragraph (1)(A), was in a position 
that is identified under clause (i) of subsection 
(b)(2)(A) as contributing to the national secu-
rity of the United States; or
452 
‘‘(B) in the case of an appointment under 
clause (ii) of paragraph (1)(A), was in the Fed-
eral agency or office in which the appointment 
under that clause is made. 
‘‘(3) ELIGIBLE
PROGRAM
PARTICIPANT
DE-
FINED.—In this subsection, the term ‘eligible pro-
gram participant’ means an individual who— 
‘‘(A) has successfully completed an aca-
demic program for which a scholarship or fel-
lowship under this section was awarded; and 
‘‘(B) at the time of the appointment of the 
individual to an excepted service position under 
paragraph (1)(A)— 
‘‘(i) under the terms of the agreement 
for such scholarship or fellowship, owes a 
service commitment to a Department or 
Federal agency or office referred to in 
paragraph (1); 
‘‘(ii) is employed by the Federal Gov-
ernment under a non-permanent appoint-
ment to a position in the excepted service 
that has national security responsibilities; 
or 
‘‘(iii) is a former civilian employee of 
the Federal Government who has less than
453 
a one-year break in service from the last 
period of Federal employment of such indi-
vidual in a non-permanent appointment in 
the excepted service with national security 
responsibilities.’’. 
SEC. 953. ANNUAL BRIEFING TO CONGRESSIONAL DEFENSE 
COMMITTEES ON CERTAIN WRITTEN POLICY 
GUIDANCE. 
Section 113(g) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3) The Secretary of Defense shall provide an an-
nual briefing to the congressional defense committees on 
the written policy guidance provided under paragraphs (1) 
and (2).’’. 
SEC. 954. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
REIMBURSEMENT OF COSTS OF ACTIVITIES 
FOR NONGOVERNMENTAL PERSONNEL AT 
DEPARTMENT OF DEFENSE REGIONAL CEN-
TERS FOR SECURITY STUDIES. 
(a) EXTENSION.—Paragraph (1) of section 941(b) of 
the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 
184 note), is amended by striking ‘‘through 2012’’ and 
inserting ‘‘through 2013’’.
454 
(b) ASSESSMENT REQUIRED.—The Comptroller Gen-
eral of the United States shall assess— 
(1) the effectiveness of the Regional Centers for 
Security Studies in meeting the Centers’ objectives 
and advancing the priorities of the Department of 
Defense; 
(2) the extent to which the Centers perform a 
unique function within the interagency community 
or the extent to which there are similar or duplica-
tive efforts within the Department of Defense or the 
Department of State; 
(3) the measures of effectiveness and impact in-
dicators each Regional Center uses to internally 
evaluate its programs; 
(4) the oversight mechanisms within the De-
partment of Defense with respect to the Regional 
Centers; and 
(5) the costs and benefits to the Department of 
Defense of waiving reimbursement costs for per-
sonnel of nongovernmental organizations and inter-
national organizations to participate in activities of 
the Centers on an ongoing basis. 
(c) REPORT.—Not later than March 1, 2013, the 
Comptroller General shall submit to the Committees on 
Armed Services and on Foreign Relations of the Senate
455 
and the Committees on Armed Services and on Foreign 
Affairs of the House of Representatives a report on the 
assessment required by subsection (b). 
SEC. 955. NATIONAL LANGUAGE SERVICE CORPS. 
(a) CHARTER FOR NATIONAL LANGUAGE SERVICE 
CORPS.—The David L. Boren National Security Edu-
cation Act of 1991 (50 U.S.C. 1901 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) The Secretary of Defense shall establish 
and maintain within the Department of Defense a 
National Language Service Corps (in this section re-
ferred to as the ‘Corps’). 
‘‘(2) The purpose of the Corps is to provide a 
pool of personnel with foreign language skills who, 
as provided in regulations prescribed under this sec-
tion, agree to provide foreign language services to 
the Department of Defense or another department 
or agency of the United States. 
‘‘(b) NATIONAL SECURITY EDUCATION BOARD.—The 
Secretary shall provide for the National Security Edu-
cation Board to oversee and coordinate the activities of 
the Corps to such extent and in such manner as deter-
456 
mined by the Secretary under paragraph (9) of section 
803(d). 
‘‘(c) MEMBERSHIP.—To be eligible for membership 
in the Corps, a person must be a citizen of the United 
States authorized by law to be employed in the United 
States, have attained the age of 18 years, and possess 
such foreign language skills as the Secretary considers ap-
propriate for membership in the Corps. Members of the 
Corps may include employees of the Federal Government 
and of State and local governments. 
‘‘(d) TRAINING.—The Secretary may provide mem-
bers of the Corps such training as the Secretary prescribes 
for purposes of this section. 
‘‘(e) SERVICE.—Upon a determination that it is in 
the national interests of the United States, the Secretary 
shall call upon members of the Corps to provide foreign 
language services to the Department of Defense or an-
other department or agency of the United States. 
‘‘(f) FUNDING.—The Secretary may impose fees, in 
amounts up to full-cost recovery, for language services and 
technical assistance rendered by members of the Corps. 
Amounts of fees received under this section shall be cred-
ited to the account of the Department providing funds for 
any costs incurred by the Department in connection with 
the Corps. Amounts so credited to such account shall be
457 
merged with amounts in such account, and shall be avail-
able to the same extent, and subject to the same conditions 
and limitations, as amounts in such account. Any amounts 
so credited shall remain available until expended. 
‘‘(g) USERRA APPLICABILITY.—For purposes of the 
applicability of chapter 43 of title 38, United States Code, 
to a member of the Corps— 
‘‘(1) a period of active service in the Corps shall 
be deemed to be service in the uniformed services; 
and 
‘‘(2) the Corps shall be deemed to be a uni-
formed service.’’. 
(b) NATIONAL SECURITY EDUCATION BOARD MAT-
TERS.— 
(1) COMPOSITION.—Subsection (b) of section 
803 of such Act (50 U.S.C. 1903) is amended— 
(A) by striking paragraph (5); 
(B) by redesignating paragraphs (6) and 
(7) as paragraphs (8) and (9), respectively; and 
(C) by inserting after paragraph (4) the 
following new paragraphs: 
‘‘(5) The Secretary of Homeland Security. 
‘‘(6) The Secretary of Energy. 
‘‘(7) The Director of National Intelligence.’’.
458 
(2) FUNCTIONS.—Subsection (d) of such sec-
tion is amended by adding at the end the following 
new paragraph: 
‘‘(9) To the extent provided by the Secretary of 
Defense, oversee and coordinate the activities of the 
National Language Service Corps under section 813, 
including— 
‘‘(A) identifying and assessing on a peri-
odic basis the needs of the departments and 
agencies of the Federal Government for per-
sonnel with skills in various foreign languages; 
‘‘(B) establishing plans to address foreign 
language shortfalls and requirements of the de-
partments and agencies of the Federal Govern-
ment; 
‘‘(C) recommending effective ways to in-
crease public awareness of the need for foreign 
languages skills and career paths in the Federal 
Government that use those skills; 
‘‘(D) coordinating activities with Executive 
agencies and State and Local governments to 
develop interagency plans and agreements to 
address overall foreign language shortfalls and 
to utilize personnel to address the various types
459 
of crises that warrant foreign language skills; 
and 
‘‘(E) proposing to the Secretary regula-
tions to carry out section 813.’’. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2013 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that 
the Secretary may transfer under the authority of 
this section may not exceed $3,500,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
460 
tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by sub-
section (a) to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record
461 
by the Chairman of the Committee on the Budget of the 
House of Representatives, as long as such statement has 
been submitted prior to the vote on passage of this Act. 
SEC. 1003. ANNUAL REPORT ON ARMED FORCES UN-
FUNDED PRIORITIES. 
(a) REPORT REQUIRED.—Not later than 30 days 
after the date on which the budget for a fiscal year is sub-
mitted to Congress pursuant to section 1105 of title 31, 
United States Code, each member of the Joint Chiefs of 
Staff specified in subsection (b) and the Commander of 
the United States Special Operations Command shall sub-
mit to the congressional defense committees a report con-
taining a list of the unfunded priorities for the Armed 
Force under the jurisdiction of that member or com-
mander. 
(b) COVERED MILITARY SERVICE CHIEFS.—The re-
ports required by subsection (a) shall be submitted by the 
Chief of Staff of the Army, the Chief of Naval Operations, 
the Chief of Staff of the Air Force, the Commandant of 
the Marine Corps, and the Chief of the National Guard 
Bureau. 
(c) UNFUNDED PRIORITIES DEFINED.—In this sec-
tion, the term ‘‘unfunded priorities’’, with respect to a re-
port required by subsection (a) for a fiscal year, means 
a program or mission requirement that—
462 
(1) has not been selected for funding in the 
proposed budget for the fiscal year; 
(2) is necessary to fulfill a requirement associ-
ated with a combatant commander operational or 
contingency plan or other validated global force re-
quirement; and 
(3) the officer submitting the report would have 
recommended for inclusion in the proposed budget 
for the fiscal year had additional resources been 
available or had the requirement emerged before the 
budget was submitted. 
Subtitle B—Counter-Drug 
Activities 
SEC. 1011. EXTENSION OF THE AUTHORITY OF THE CHIEF 
OF THE NATIONAL GUARD BUREAU TO ES-
TABLISH AND OPERATE NATIONAL GUARD 
COUNTERDRUG SCHOOLS. 
Section 901 of the Office of National Drug Control 
Policy Reauthorization Act of 2006 (Public Law 109–469; 
120 Stat. 3536; 32 U.S.C. 112 note) is amended— 
(1) in subsection (c)— 
(A) by striking paragraph (1) and redesig-
nating paragraphs (2) through (5) as para-
graphs (1) through (4), respectively; and
463 
(B) by adding at the end the following new 
paragraph: 
‘‘(5) The Western Regional Counterdrug Train-
ing Center, Camp Murray, Washington.’’; 
(2) by striking subsection (f) and redesignating 
subsection (g) as subsection (f); and 
(3) in subsection (f)(1), as so redesignated, by 
striking ‘‘fiscal years 2006 through 2010’’ and in-
serting ‘‘fiscal years 2013 through 2017’’. 
SEC. 1012. REPORTING REQUIREMENT ON EXPENDITURES 
TO SUPPORT FOREIGN COUNTER-DRUG AC-
TIVITIES. 
Section 1022(a) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–255), 
as most recently amended by the section 1008 of the Na-
tional Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1558), is further amended 
by striking ‘‘February 15, 2012’’ and inserting ‘‘February 
15, 2013’’. 
SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNI-
FIED 
COUNTER-DRUG 
AND 
COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law
464 
108–375; 118 Stat. 2042), as most recently amended by 
section 1007 of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1558), is amended— 
(1) in subsection (a), by striking ‘‘2012’’ and 
inserting ‘‘2013’’; and 
(2) in subsection (c), by striking ‘‘2012’’ and 
inserting ‘‘2013’’. 
SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK 
FORCES TO PROVIDE SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 117 
Stat. 1594; 10 U.S.C. 371 note) is amended by striking 
‘‘2012’’ and inserting ‘‘2013’’. 
SEC. 
1015. 
SENSE 
OF 
CONGRESS 
REGARDING 
THE 
COUNTERDRUG 
TETHERED 
AEROSTAT 
RADAR SYSTEM PROGRAM. 
(a) FINDINGS.—Congress finds the following: 
(1) Since 1992, the Air Force has administered 
the Counterdrug Tethered Aerostat Radar System 
(TARS) program, which contributes to deterring and 
detecting smugglers moving illicit drugs into the 
United States.
465 
(2) There are eight current tethered aerostat 
systems, located at Yuma, Arizona, Fort Huachuca, 
Arizona, Deming, New Mexico, Marfa, Texas, Eagle 
Pass, Texas, Rio Grande City, Texas, Cudjoe Key, 
Florida, and Lajas, Puerto Rico. 
(3) Primary customers of the surveillance data 
from the TARS program are the Department of 
Homeland Security, the United States Northern 
Command, the United States Southern Command, 
and the North American Aerospace Defense Com-
mand. 
(4) In the past two years, the radars in two of 
the eight tethered aerostat systems have been de-
stroyed in strong weather conditions, namely the 
radar at Lajas, Puerto Rico, which was destroyed in 
April 2011, and the radar at Marfa, Texas, which 
was destroyed in February 2012. 
(5) The Air Force has indicated that it does not 
have sufficient spare parts in its inventory to replace 
either of these two radars or the funding necessary 
to purchase any new radars. As a result, there are 
no current plans to resume operations at Lajas, 
Puerto Rico or Marfa, Texas. 
(6) The loss of these two tethered aerostats sys-
tems substantially degrades counterdrug capabilities
466 
in the Caribbean corridor and along the Southwest 
border. 
(7) The loss of the tethered aerostat system in 
Lajas, Puerto Rico, is particularly detrimental to the 
national counterdrug mission. In Section 1023 of the 
National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163), Congress found that— 
(A) ‘‘Drug traffickers use the Caribbean 
corridor to smuggle narcotics to the United 
States via Puerto Rico and the Dominican Re-
public. This route is ideal for drug trafficking 
because of its geographic expanse, numerous 
law enforcement jurisdictions, and fragmented 
investigative efforts.’’; and 
(B) ‘‘The tethered aerostat system in 
Lajas, Puerto Rico, contributes to deterring 
and detecting smugglers moving illicit drugs 
into Puerto Rico. The aerostat’s range and 
operational capabilities allow it to provide sur-
veillance coverage of the eastern Caribbean cor-
ridor and the strategic waterway between Puer-
to Rico and the Dominican Republic, known as 
the Mona Passage.’’. 
(8) In such section 1023, Congress expressed 
that ‘‘Congress and the Department of Defense
467 
should fund the Counter-Drug Tethered Aerostat 
program.’’. 
(9) In recent years, Puerto Rico and the United 
States Virgin Islands have been increasingly im-
pacted by the drug trade and related violence. Both 
jurisdictions have homicide rates that are roughly 
six times the national average and about three times 
higher than any State, and many of these homicides 
are linked to the drug trade. 
(10) The Department of Defense has raised 
questions as to whether it should continue to admin-
ister the TARS program or, alternatively, whether 
responsibility for this program should be vested in 
the Department of Homeland Security. 
(b) SENSE OF CONGRESS.—In light of the findings 
under subsection (a), it is the sense of Congress that— 
(1) irrespective of whether the Department of 
Defense continues to be responsible for the 
Counterdrug Tethered Aerostat Radar System 
(TARS) program or such responsibility is assigned 
to another agency, Congress and the responsible 
agency should fund the TARS program; and 
(2) Congress and the responsible agency should 
take all appropriate steps to ensure that the eight 
current tethered aerostat systems are fully func-
468 
tional and, in particular, to ensure that the TARS 
program is providing coverage to protect jurisdic-
tions of the United States in the Caribbean region, 
as well as jurisdictions of the United States along 
the United States-Mexico border and in the Florida 
Straits. 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. POLICY RELATING TO MAJOR COMBATANT VES-
SELS 
OF 
THE 
STRIKE 
FORCES 
OF 
THE 
UNITED STATES NAVY. 
Section 1012 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
303), as most recently amended by section 1015 of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), 
is amended by striking ‘‘Secretary of Defense’’ and all 
that follows through the period and inserting the fol-
lowing: ‘‘Secretary the Navy notifies the congressional de-
fense committees that, as a result of a cost-benefit anal-
ysis, it would not be practical for the Navy to design the 
class of ships with an integrated nuclear power system.’’.
469 
SEC. 1022. LIMITATION ON AVAILABILITY OF FUNDS FOR 
DELAYED 
ANNUAL 
NAVAL 
VESSEL 
CON-
STRUCTION PLAN. 
(a) IN GENERAL.—Section 231 of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing new subsection (e): 
‘‘(e)(1) If the Secretary of Defense does not include 
with the defense budget materials for a fiscal year the plan 
and certification under subsection (a), the Secretary of the 
Navy may not use more than 50 percent of the funds de-
scribed in paragraph (2) during the fiscal year in which 
such materials are submitted until the date on which such 
plan and certification are submitted to the congressional 
defense committees. 
‘‘(2) The funds described in this paragraph are funds 
made available to the Secretary of the Navy for operation 
and maintenance, Navy, for emergencies and extraor-
dinary expenses.’’. 
(b) CONFORMING AMENDMENT.—Section 12304b(i) 
of title 10, United States Code, is amended by striking 
‘‘231(e)(2)’’ and inserting ‘‘section 231(f)(2)’’.
470 
Subtitle D—Counterterrorism 
SEC. 1031. FINDINGS ON DETENTION PURSUANT TO THE 
AUTHORIZATION 
FOR 
USE 
OF 
MILITARY 
FORCE ENACTED IN 2001. 
Congress finds the following: 
(1) In 2001, Congress passed, and the Presi-
dent signed, the Authorization for Use of Military 
Force (Public Law 107–40; 50 U.S.C. 1541 note) 
(hereinafter referred to as the ‘‘AUMF’’), which au-
thorized the President to ‘‘use all necessary and ap-
propriate force’’ against those responsible for the at-
tacks of September 11, 2001, and those who har-
bored them ‘‘in order to prevent any future acts of 
international terrorism against the United States’’. 
(2) In 2004, the Supreme Court held in Hamdi 
v. Rumsfeld that the AUMF authorized the Presi-
dent to detain individuals, including a United States 
citizen captured in Afghanistan and later detained in 
the United States, legitimately determined to be 
‘‘engaged in armed conflict against the United 
States’’ until the end of hostilities, noting that 
‘‘[W]e understand Congress’ grant of authority for 
the use of ‘necessary and appropriate force’ to in-
clude the authority to detain for the duration of the
471 
relevant conflict, and our understanding is based on 
longstanding law-of-war principles’’. 
(3) The Court reaffirmed the long-standing 
principle of American law that a United States cit-
izen may not be detained in the United States pur-
suant to the AUMF without due process of law, 
stating the following: 
(A) ‘‘Striking the proper constitutional bal-
ance here is of great importance to the Nation 
during this period of ongoing combat. But it is 
equally vital that our calculus not give short 
shrift to the values that this country holds dear 
or to the privilege that is American citizen-
ship.’’. 
(B) ‘‘It is during our most challenging and 
uncertain moments that our Nation’s commit-
ment to due process is most severely tested; and 
it is in those times that we must preserve our 
commitment at home to the principles for which 
we fight abroad.’’. 
(C) ‘‘[A] state of war is not a blank check 
for the President when it comes to the rights of 
the Nation’s citizens.’’.
472 
(D) ‘‘[A]bsent suspension, the writ of ha-
beas corpus remains available to every indi-
vidual detained within the United States.’’. 
(E) ‘‘All agree suspension of the writ has 
not occurred here.’’. 
(F) ‘‘[A]n enemy combatant must receive 
notice of the factual basis for his classification, 
and a fair opportunity to rebut the Govern-
ment’s factual assertions before a neutral deci-
sionmaker.’’. 
(G) ‘‘Whatever power the United States 
Constitution envisions for the Executive in its 
exchanges with other nations or with enemy or-
ganizations in times of conflict, it most as-
suredly envisions a role for all three branches 
when individual liberties are at stake.’’. 
(H) ‘‘[U]nless Congress acts to suspend it, 
the Great Writ of habeas corpus allows the Ju-
dicial Branch to play a necessary role in main-
taining this delicate balance of governance, 
serving as an important judicial check on the 
Executive’s discretion in the realm of deten-
tions.’’. 
(I) ‘‘We reaffirm today the fundamental 
nature of a citizen’s right to be free from invol-
473 
untary confinement by his own government 
without due process of law, and we weigh the 
opposing governmental interests against the 
curtailment of liberty that such confinement en-
tails.’’. 
(4) In 2008, in Boumediene v. Bush, the Su-
preme Court also extended the constitutional right 
to habeas corpus to the foreign detainees held pursu-
ant to the AUMF at the United States Naval Sta-
tion, Guantanamo Bay, Cuba. 
(5) Chapter 47A of title 10, United States 
Code, as originally enacted by the Military Commis-
sions Act of 2006 (Public Law 109–366), only al-
lows for prosecution of foreign terrorists by military 
commission. 
(6) In 2011, with the enactment of the Na-
tional Defense Authorization Act for Fiscal Year 
2012 (Public Law 112–81), Congress and the Presi-
dent affirmed the authority of the Armed Forces of 
the United States to detain pursuant to the AUMF 
a person who planned, authorized, committed, or 
aided the terrorist attacks that occurred on Sep-
tember 11, 2001, or harbored those responsible for 
those attacks, or a person who was a part of or sub-
stantially supported al-Qaeda, the Taliban, or associ-
474 
ated forces that are engaged in hostilities against 
the United States or its coalition partners, including 
any person who has committed a belligerent act or 
has directly supported such hostilities in aid of such 
enemy forces. 
(7) The interpretation of the detention author-
ity provided by the AUMF under the National De-
fense Authorization Act for Fiscal Year 2012 is the 
same as the interpretation used by the Obama ad-
ministration in its legal filings in Federal court and 
is nearly identical to the interpretation used by the 
Bush administration. This interpretation has also 
been upheld by the United States Court of Appeals 
for the District of Columbia Circuit. 
(8) Such Act also requires the Secretary of De-
fense to regularly brief Congress regarding the ap-
plication of the detention authority provided by the 
AUMF. 
(9) Section 1021 of such Act states that ‘‘Noth-
ing in this section shall be construed to affect exist-
ing law or authorities relating to the detention of 
United States citizens, lawful resident aliens of the 
United States, or any other persons who are cap-
tured or arrested in the United States.’’.
475 
SEC. 1032. FINDINGS REGARDING HABEAS CORPUS RIGHTS. 
Congress finds the following: 
(1) Article 1, section 9 of the Constitution 
states ‘‘The Privilege of the Writ of Habeas Corpus 
shall not be suspended, unless when in Cases of Re-
bellion or Invasion the public Safety may require 
it.’’. 
(2) Regarding the Great Writ, the Supreme 
Court has noted ‘‘The writ of habeas corpus is the 
fundamental instrument for safeguarding individual 
freedom against arbitrary and lawless state action.’’. 
SEC. 1033. RIGHTS UNAFFECTED. 
(a) RULE OF CONSTRUCTION.—Nothing in the Au-
thorization for Use of Military Force (Public Law 107– 
40; 50 U.S.C. 1541 note) or the National Defense Author-
ization Act for Fiscal Year 2012 (Public Law 112–81) 
shall be construed to deny the availability of the writ of 
habeas corpus or to deny any Constitutional rights in a 
court ordained or established by or under Article III of 
the Constitution for any person who is lawfully in the 
United States when detained pursuant to the Authoriza-
tion for Use of Military Force (Public Law 107–40; 50 
U.S.C. 1541 note) and who is otherwise entitled to the 
availability of such writ or such rights. 
(b) NOTIFICATION
OF DETENTION
OF PERSONS 
UNDER
AUTHORIZATION
FOR
USE
OF
MILITARY
476 
FORCE.—Not later than 48 hours after the date on which 
a person who is lawfully in the United States is detained 
pursuant to the Authorization for Use of Military Force 
(Public Law 107–40; 50 U.S.C. 1541 note), the President 
shall notify Congress of the detention of such person. 
(c) HABEAS APPLICATIONS.—A person who is law-
fully in the United States when detained pursuant to the 
Authorization for Use of Military Force (Public Law 107– 
40; 50 U.S.C. 1541 note) shall be allowed to file an appli-
cation for habeas corpus relief in an appropriate district 
court not later than 30 days after the date on which such 
person is placed in military custody. 
SEC. 1034. EXTENSION OF AUTHORITY TO MAKE REWARDS 
FOR COMBATING TERRORISM. 
(a) EXTENSION.—Section 127b(c)(3)(C) of title 10, 
United States Code, is amended by striking ‘‘September 
30, 2013’’ and inserting ‘‘September 30, 2014’’. 
(b) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report that outlines the future requirements and 
authorities to make rewards for combating terrorism. The 
report shall include— 
(1) an analysis of future requirements under 
section 127b of title 10, United States Code;
477 
(2) a detailed description of requirements for 
rewards in support of operations with allied forces; 
and 
(3) an overview of geographic combatant com-
mander requirements through September 30, 2014. 
SEC. 1035. PROHIBITION ON TRAVEL TO THE UNITED 
STATES FOR CERTAIN DETAINEES REPATRI-
ATED TO THE FEDERATED STATES OF MICRO-
NESIA, THE REPUBLIC OF PALAU, AND THE 
REPUBLIC OF THE MARSHALL ISLANDS. 
(a) PROHIBITION
ON TRAVEL
TO
THE UNITED 
STATES.—Notwithstanding any provision of the applicable 
Compact of Free Association described in subsection (c), 
an individual described in subsection (b) who has been re-
patriated to the Federated States of Micronesia, the Re-
public of the Marshall Islands, or the Republic of Palau 
may not be afforded the rights and benefits put forth in 
section 141 of such applicable Compact of Free Associa-
tion. 
(b) INDIVIDUAL
DESCRIBED.—An individual de-
scribed in this subsection is an individual who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and
478 
(2) is or was located at United States Naval 
Station, Guantanamo Bay, Cuba, on or after Sep-
tember 11, 2001, while— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) APPLICABLE COMPACT OF FREE ASSOCIATION.— 
The applicable Compact of Free Association described in 
this subsection is— 
(1) with respect to an individual repatriated to 
the Federal States of Micronesia, the Compact of 
Free Association, as amended, between the Govern-
ment of the United States of America and the Gov-
ernment of the Federated States of Micronesia as 
set forth in section 201(a) of the Compact of Free 
Association Amendments Act of 2003 (Public Law 
108–188; 48 U.S.C. 1921 note); 
(2) with respect to an individual repatriated to 
the Republic of the Marshall Islands, the Compact 
of Free Association, as amended, between the Gov-
ernment of the United States of America and the 
Government of the Republic of the Marshall Islands 
as set forth in section 201(b) of the Compact of
479 
Free Association Amendments Act of 2003 (Public 
Law 108–188; 48 U.S.C. 1921 note); and 
(3) with respect to an individual repatriated to 
the Republic of Palau, the Compact of Free Associa-
tion between the Government of the United States 
of America and the Government of Palau as set 
forth in section 201 of the joint resolution entitled 
‘‘A Joint Resolution to approve the ‘Compact of 
Free Association’ between the United States and the 
Government of Palau, and for other purposes’’, ap-
proved November 14, 1986 (Public Law 99–658; 48 
U.S.C. 1931 note). 
SEC. 1036. PROHIBITION ON THE USE OF FUNDS FOR THE 
TRANSFER OR RELEASE OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated by 
this Act for fiscal year 2013 may be used to transfer, re-
lease, or assist in the transfer or release to or within the 
United States, its territories, or possessions of Khalid 
Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and
480 
(2) is or was held on or after January 20, 
2009, at United States Naval Station, Guantanamo 
Bay, Cuba, by the Department of Defense. 
SEC. 1037. REQUIREMENTS FOR CERTIFICATIONS RELAT-
ING TO THE TRANSFER OF DETAINEES AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO FOREIGN COUNTRIES 
AND OTHER FOREIGN ENTITIES. 
(a) CERTIFICATION REQUIRED PRIOR
TO TRANS-
FER.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (d), the Secretary of De-
fense may not use any amounts authorized to be ap-
propriated or otherwise available to the Department 
of Defense for fiscal year 2013 to transfer any indi-
vidual detained at Guantanamo to the custody or 
control of the individual’s country of origin, any 
other foreign country, or any other foreign entity 
unless the Secretary submits to Congress the certifi-
cation described in subsection (b) not later than 30 
days before the transfer of the individual. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to any action taken by the Secretary to trans-
fer any individual detained at Guantanamo to effec-
tuate an order affecting the disposition of the indi-
481 
vidual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which the Secretary shall notify Congress of 
promptly after issuance). 
(b) CERTIFICATION.—A certification described in this 
subsection is a written certification made by the Secretary 
of Defense, with the concurrence of the Secretary of State 
and in consultation with the Director of National Intel-
ligence, that— 
(1) the government of the foreign country or 
the recognized leadership of the foreign entity to 
which the individual detained at Guantanamo is to 
be transferred— 
(A) is not a designated state sponsor of 
terrorism or a designated foreign terrorist orga-
nization; 
(B) maintains control over each detention 
facility in which the individual is to be detained 
if the individual is to be housed in a detention 
facility; 
(C) is not, as of the date of the certifi-
cation, facing a threat that is likely to substan-
tially affect its ability to exercise control over 
the individual;
482 
(D) has taken or agreed to take effective 
actions to ensure that the individual cannot 
take action to threaten the United States, its 
citizens, or its allies in the future; 
(E) has taken or agreed to take such ac-
tions as the Secretary of Defense determines 
are necessary to ensure that the individual can-
not engage or reengage in any terrorist activity; 
and 
(F) has agreed to share with the United 
States any information that— 
(i) is related to the individual or any 
associates of the individual; and 
(ii) could affect the security of the 
United States, its citizens, or its allies; and 
(2) includes an assessment, in classified or un-
classified form, of the capacity, willingness, and past 
practices (if applicable) of the foreign country or en-
tity in relation to the Secretary’s certifications. 
(c) PROHIBITION IN CASES OF PRIOR CONFIRMED 
RECIDIVISM.— 
(1) PROHIBITION.—Except as provided in para-
graph (2) and subsection (d), the Secretary of De-
fense may not use any amounts authorized to be ap-
propriated or otherwise made available to the De-
483 
partment of Defense to transfer any individual de-
tained at Guantanamo to the custody or control of 
the individual’s country of origin, any other foreign 
country, or any other foreign entity if there is a con-
firmed case of any individual who was detained at 
United States Naval Station, Guantanamo Bay, 
Cuba, at any time after September 11, 2001, who 
was transferred to such foreign country or entity 
and subsequently engaged in any terrorist activity. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to any action taken by the Secretary to trans-
fer any individual detained at Guantanamo to effec-
tuate an order affecting the disposition of the indi-
vidual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which the Secretary shall notify Congress of 
promptly after issuance). 
(d) NATIONAL SECURITY WAIVER.— 
(1) IN
GENERAL.—The Secretary of Defense 
may waive the applicability to a detainee transfer of 
a certification requirement specified in subparagraph 
(D) or (E) of subsection (b)(1) or the prohibition in 
subsection (c), if the Secretary certifies the rest of 
the criteria required by subsection (b) for transfers 
prohibited by subsection (c) and, with the concur-
484 
rence of the Secretary of State and in consultation 
with the Director of National Intelligence, deter-
mines that— 
(A) alternative actions will be taken to ad-
dress the underlying purpose of the requirement 
or requirements to be waived; 
(B) in the case of a waiver of subpara-
graph (D) or (E) of subsection (b)(1), it is not 
possible to certify that the risks addressed in 
the paragraph to be waived have been com-
pletely eliminated, but the actions to be taken 
under subparagraph (A) will substantially miti-
gate such risks with regard to the individual to 
be transferred; 
(C) in the case of a waiver of subsection 
(c), the Secretary has considered any confirmed 
case in which an individual who was transferred 
to the country subsequently engaged in terrorist 
activity, and the actions to be taken under sub-
paragraph (A) will substantially mitigate the 
risk of recidivism with regard to the individual 
to be transferred; and 
(D) the transfer is in the national security 
interests of the United States.
485 
(2) REPORTS.—Whenever the Secretary makes 
a determination under paragraph (1), the Secretary 
shall submit to the appropriate committees of Con-
gress, not later than 30 days before the transfer of 
the individual concerned, the following: 
(A) A copy of the determination and the 
waiver concerned. 
(B) A statement of the basis for the deter-
mination, including— 
(i) an explanation why the transfer is 
in the national security interests of the 
United States; and 
(ii) in the case of a waiver of subpara-
graph (D) or (E) of subsection (b)(1), an 
explanation why it is not possible to certify 
that the risks addressed in the subpara-
graph to be waived have been completely 
eliminated. 
(C) A summary of the alternative actions 
to be taken to address the underlying purpose 
of, and to mitigate the risks addressed in, the 
subparagraph or subsection to be waived. 
(D) The assessment required by subsection 
(b)(2). 
(e) DEFINITIONS.—In this section:
486 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, and the Select 
Committee on Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives. 
(2) The term ‘‘individual detained at Guanta-
namo’’ means any individual located at United 
States Naval Station, Guantanamo Bay, Cuba, as of 
October 1, 2009, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is— 
(i) in the custody or under the control 
of the Department of Defense; or 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
(3) The term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Sec-
487 
retary of State under section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
SEC. 1038. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 
OR MODIFY FACILITIES IN THE UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANS-
FERRED FROM UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be ap-
propriated or otherwise made available to the Department 
of Defense for fiscal year 2013 may be used to construct 
or modify any facility in the United States, its territories, 
or possessions to house any individual detained at Guanta-
namo for the purposes of detention or imprisonment in 
the custody or under the control of the Department of De-
fense unless authorized by Congress. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED AT GUANTANAMO DE-
FINED.—In this section, the term ‘‘individual detained at 
Guantanamo’’ has the meaning given that term in section 
1037(e)(2).
488 
SEC. 1039. REPORTS ON RECIDIVISM OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA, THAT HAVE BEEN 
TRANSFERRED TO FOREIGN COUNTRIES. 
(a) REPORT ON FACTORS CAUSING OR CONTRIB-
UTING TO RECIDIVISM.—Not later than 60 days after the 
date of the enactment of this Act, and annually thereafter 
for five years, the Director of the Defense Intelligence 
Agency, in consultation with the head of each element of 
the intelligence community that the Director considers ap-
propriate, shall submit to the covered congressional com-
mittees a report assessing the factors that cause or con-
tribute to the recidivism of individuals detained at Guan-
tanamo that are transferred or released to a foreign coun-
try, including a discussion of trends, by country and re-
gion, where recidivism has occurred. 
(b) REPORT ON EFFECTIVENESS OF INTERNATIONAL 
AGREEMENTS.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of State, with 
the concurrence of the Secretary of Defense, shall submit 
to the covered congressional committees, the Committee 
on Foreign Affairs of the House of Representatives, and 
the Committee on Foreign Relations of the Senate a re-
port assessing the effectiveness of international agree-
ments relating to the transfer or release of individuals de-
tained at Guantanamo between the United States and
489 
each foreign country to which an individual detained at 
Guantanamo has been transferred or released. 
(c) FORM.—The reports required under subsections 
(a) and (b) shall be submitted in unclassified form, but 
may include a classified annex. 
(d) DEFINITIONS.—In this section: 
(1) COVERED CONGRESSIONAL COMMITTEES.— 
The 
term 
‘‘covered 
congressional 
committees’’ 
means— 
(A) the Committee on Armed Services and 
the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(B) the Committee on Armed Services and 
the Select Committee on Intelligence of the 
Senate. 
(2) INDIVIDUAL DETAINED AT GUANTANAMO.— 
The term ‘‘individual detained at Guantanamo’’ 
means any individual that is or was located at 
United States Naval Station, Guantanamo Bay, 
Cuba, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is or was—
490 
(i) in the custody or under the control 
of the Department of Defense; or 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
SEC. 1040. NOTICE AND REPORT ON USE OF NAVAL VES-
SELS FOR DETENTION OF INDIVIDUALS CAP-
TURED OUTSIDE AFGHANISTAN PURSUANT 
TO THE AUTHORIZATION FOR USE OF MILI-
TARY FORCE. 
(a) NOTICE TO CONGRESS.—Not later than 5 days 
after first detaining an individual who is captured pursu-
ant to the Authorization for Use of Military Force on a 
naval vessel outside the United States, the Secretary of 
Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives notice 
of the detention. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 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 
a report on the use of naval vessels for the detention 
outside the United States of any individual who is 
captured pursuant to the Authorization for Use of
491 
Military Force (Public Law 107–40; 50 U.S.C. 1541 
note). Such report shall include— 
(A) procedures and any limitations on de-
taining such individuals at sea on board United 
States naval vessels; 
(B) an assessment of any force protection 
issues associated with detaining such individ-
uals on such vessels; 
(C) an assessment of the likely effect of 
such detentions on the original mission of the 
naval vessel; and 
(D) any restrictions on long-term detention 
of individuals on United States naval vessels. 
(2) FORM
OF
REPORT.—The report required 
under paragraph (1) shall be submitted in unclassi-
fied form but may contain a classified annex. 
SEC. 1041. NOTICE REQUIRED PRIOR TO TRANSFER OF 
CERTAIN INDIVIDUALS DETAINED AT THE 
DETENTION FACILITY AT PARWAN, AFGHANI-
STAN. 
(a) NOTICE REQUIRED.—The Secretary of Defense 
shall submit to the appropriate congressional committees 
notice in writing of the proposed transfer of any individual 
detained pursuant to the Authorization for Use of Military 
Force (Public Law 107–40; 50 U.S.C. 1541 note) who is
492 
a national of a country other than the United States or 
Afghanistan from detention at the Detention Facility at 
Parwan, Afghanistan, to the custody of the Government 
of Afghanistan or of any other country. Such notice shall 
be provided not later than 10 days before such a transfer 
may take place. 
(b) ADDITIONAL
ASSESSMENTS
AND
CERTIFI-
CATIONS.—As part of the notice required under subsection 
(a), the Secretary shall include the following: 
(1) In the case of the proposed transfer of such 
an individual by reason of the individual being re-
leased, an assessment of the threat posed by the in-
dividual and the security environment of the country 
to which the individual is to be transferred. 
(2) In the case of the proposed transfer of such 
an individual to a country other than Afghanistan 
for the purpose of the prosecution of the individual, 
a certification that an assessment has been con-
ducted regarding the capacity, willingness, and his-
torical track record of the country with respect to 
prosecuting similar cases, including a description of 
the evidence against the individual that is likely to 
be admissible as part of the prosecution. 
(3) In the case of the proposed transfer of such 
an individual for reintegration or rehabilitation in a
493 
country other than Afghanistan, a certification that 
an assessment has been conducted regarding the ca-
pacity, willingness, and historical track records of 
the country for reintegrating or rehabilitating simi-
lar individuals. 
(4) In the case of the proposed transfer of such 
an individual to the custody of the government of 
Afghanistan for prosecution or detention, a certifi-
cation that an assessment has been conducted re-
garding the capacity, willingness, and historical 
track record of Afghanistan to prosecute or detain 
long-term such individuals. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the Committee on Armed Serv-
ices and the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Armed Services 
and the Committee on Foreign Relations of the Senate. 
SEC. 1042. REPORT ON RECIDIVISM OF INDIVIDUALS FOR-
MERLY DETAINED AT THE DETENTION FACIL-
ITY AT PARWAN, AFGHANISTAN. 
(a) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the relevant congressional committees a 
report that—
494 
(1) assesses recidivism rates and the factors 
that cause or contribute to the recidivism of individ-
uals formerly detained at the Detention Facility at 
Parwan, Afghanistan, who are transferred or re-
leased, with particular emphasis on individuals 
transferred or released in connection with reconcili-
ation efforts or peace negotiations; and 
(2) includes a general rationale of the Com-
mander, International Security Assistance Force, as 
to why such individuals were released. 
(b) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(c) RELEVANT CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘relevant congressional 
committees’’ means— 
(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.
495 
SEC. 1043. ADDITIONAL REQUIREMENTS RELATING TO THE 
TRANSFER OF INDIVIDUALS DETAINED AT 
GUANTANAMO TO FOREIGN COUNTRIES AND 
OTHER FOREIGN ENTITIES. 
Section 1028 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81) is amend-
ed— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘the certification described 
in subsection (b) not later than 30 days before 
the transfer of the individual’’ and inserting 
‘‘by not later than 90 days before the transfer 
each of the following;’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(A) The certification described in sub-
section (b). 
‘‘(B) An assessment of the likelihood that 
the individual to be transferred will engage in 
terrorist activity after the transfer takes place. 
‘‘(C) A detailed summary, in classified or 
unclassified form, of the individual’s history of 
associations with foreign terrorist organizations 
and the individual’s record of cooperation while 
in the custody of or under the effective control 
of the Department of Defense.’’; and
496 
(2) in subsection (d)(2)— 
(A) by striking ‘‘30 days’’ and inserting 
‘‘90 days’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(E) An assessment of the likelihood that 
the individual to be transferred will engage in 
terrorist activity after the transfer takes place. 
‘‘(F) A detailed summary, in classified or 
unclassified form, of the individual’s history of 
associations with foreign terrorist organizations 
and the individual’s record of cooperation while 
in the custody of or under the effective control 
of the Department of Defense.’’. 
Subtitle E—Nuclear Forces 
SEC. 1051. NUCLEAR WEAPONS EMPLOYMENT STRATEGY 
OF THE UNITED STATES. 
(a) SENSE OF CONGRESS.—Subsection (a) of section 
1046 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1579) is 
amended to read as follows: 
‘‘(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
‘‘(1) any future modification to the nuclear 
weapons employment strategy, plans, and options of
497 
the United States should maintain or enhance the 
ability of the nuclear forces of the United States to 
support the goals of the United States with respect 
to nuclear deterrence, extended deterrence, and as-
surances for allies, and the defense of the United 
States; and 
‘‘(2) the oversight responsibility of Congress in-
cludes oversight of the nuclear weapons employment 
strategy, plans, and options of the United States 
and that therefore the Chairmen and Ranking Mem-
bers of the Committees on Armed Services of the 
Senate and House of Representatives, and such pro-
fessional staff as they designate, should have access 
to the nuclear weapons employment strategy, plans, 
and options of the United States.’’. 
(b) REPORTS ON STRATEGY.—Section 491 of title 
10, United States Code, is— 
(1) transferred to chapter 24 of such title, as 
added by subsection (c)(1); and 
(2) amended— 
(A) in the heading, by inserting ‘‘weap-
ons’’ after ‘‘Nuclear’’; 
(B) by striking ‘‘nuclear employment strat-
egy’’ each place it appears and inserting ‘‘nu-
clear weapons employment strategy’’;
498 
(C) in paragraph (1)— 
(i) by inserting ‘‘the’’ after ‘‘modifica-
tions to’’; and 
(ii) by inserting ‘‘, plans, and options’’ 
after ‘‘employment strategy’’; 
(D) by inserting after paragraph (3) the 
following new paragraph: 
‘‘(4) the extent to which such modifications in-
clude an increased reliance on conventional or non- 
nuclear global strike capabilities or missile defenses 
of the United States.’’; 
(E) by striking ‘‘On the date’’ and insert-
ing ‘‘(a) REPORTS.—On the date’’; and 
(F) by adding at the end the following new 
subsection: 
‘‘(b) ANNUAL BRIEFINGS.—Not later than March 15 
of each year, the Secretary of Defense shall provide to the 
congressional defense committees a briefing regarding the 
nuclear weapons employment strategy, plans, and options 
of the United States.’’. 
(c) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) CHAPTER 24.—Part I of subtitle A of title 
10, United States Code, is amended by adding at 
the end the following new chapter:
499 
‘‘CHAPTER 24—NUCLEAR POSTURE 
‘‘Sec. 
‘‘491. Nuclear weapons employment strategy of the United States: modification 
of strategy.’’. 
(2) TABLE OF CHAPTERS.—The table of chap-
ters at the beginning of subtitle A of title 10, United 
States Code, and at the beginning of part I of such 
subtitle, are each amended by inserting after the 
item relating to chapter 23 the following new item: 
‘‘24. Nuclear posture .........................................................................
491’’. 
(3) TRANSFER OF PROVISIONS.— 
(A) CHAPTER 23.—Chapter 23 of title 10, 
United States Code, is amended as follows: 
(i) Section 490a is— 
(I) transferred to chapter 24 of 
such title, as added by paragraph (1); 
(II) inserted after section 491 of 
such title, as added to such chapter 
24 by subsection (b)(1); and 
(III) redesignated as section 492. 
(ii) The table of sections at the begin-
ning of such chapter 23 is amended by 
striking the items relating to sections 490a 
and 491. 
(B) FY12 NDAA.—Section 1077 of the Na-
tional Defense Authorization Act for Fiscal
500 
Year 2012 (Public Law 112–81; 50 U.S.C. 
2514) is— 
(i) transferred to chapter 24 of title 
10, United States Code, as added by para-
graph (1); 
(ii) inserted after section 492 of such 
title, as added by subparagraph (A)(i); 
(iii) redesignated as section 493; and 
(iv) amended by striking ‘‘the date of 
the enactment of this Act’’ and inserting 
‘‘December 31, 2011,’’. 
(C) CHAPTER 24.—The table of sections at 
the beginning of chapter 24 of title 10, United 
States Code, as added by paragraph (1), is 
amended by inserting after the item relating to 
section 491 the following new items: 
‘‘492. Biennial assessment and report on the delivery platforms for nuclear 
weapons and the nuclear command and control system. 
‘‘493. Reports to Congress on the modification of the force structure for the 
strategic nuclear weapons delivery systems of the United 
States.’’. 
(4) 
CONFORMING
AMENDMENT.—Section 
1041(b) of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1574) is amended by striking ‘‘section 490a of title 
10, United States Code, as added by subsection 
(a),’’ and inserting ‘‘section 492 of title 10, United 
States Code,’’.
501 
SEC. 1052. COMMITMENTS FOR NUCLEAR WEAPONS STOCK-
PILE MODERNIZATION. 
(a) FINDINGS.—Congress finds the following: 
(1) In 2008, then Secretary of Defense Robert 
Gates warned that ‘‘to be blunt, there is absolutely 
no way we can maintain a credible deterrent and re-
duce the number of weapons in our stockpile without 
either resorting to testing our stockpile or pursuing 
a modernization program.’’. 
(2) Secretary Gates also warned in September 
2009 that modernization is a prerequisite to nuclear 
force reductions, stating that modernizing the nu-
clear capability of the United States is an ‘‘enabler 
of arms control and our ability to reduce the size of 
our nuclear stockpile. When we have more con-
fidence in the long-term viability of our weapons sys-
tems, then our ability to reduce the number of weap-
ons we must keep in the stockpile is enhanced.’’. 
(3) President Obama’s 2010 Nuclear Posture 
Review stated that— 
(A) ‘‘In order to sustain a safe, secure, 
and effective United States nuclear stockpile as 
long as nuclear weapons exist, the United 
States must possess a modern physical infra-
structure—comprised of the national security
502 
laboratories and a complex of supporting facili-
ties.’’; and 
(B) ‘‘[I]mplementation of the Stockpile 
Stewardship Program and the nuclear infra-
structure investments recommended in the NPR 
will allow the United States to shift away from 
retaining large numbers of non-deployed war-
heads as a hedge against technical or geo-
political surprise, allowing major reductions in 
the nuclear stockpile. These investments are es-
sential to facilitating reductions while sus-
taining deterrence under New START and be-
yond.’’. 
(4) Section 1251 of the National Defense Au-
thorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2549) required the President to 
submit a report to Congress on the plan for the nu-
clear weapons stockpile, nuclear weapons complex, 
and delivery platforms at the time a follow-on treaty 
to the Strategic Arms Reduction Treaty was sub-
mitted by the President to the Senate. The Presi-
dent submitted such report in May 2010 and sub-
mitted updates in November 2010 and February 
2011.
503 
(5) Such section 1251 also contained a sense of 
Congress that ‘‘the enhanced safety, security, and 
reliability of the nuclear weapons stockpile, mod-
ernization of the nuclear weapons complex, and 
maintenance of nuclear delivery systems are key to 
enabling further reductions in the nuclear forces of 
the United States.’’. 
(6) Forty-one Senators wrote to President 
Obama on December 15, 2009, stating, ‘‘we don’t 
believe further reductions can be in the national se-
curity interest of the United States in the absence 
of a significant program to modernize our nuclear 
deterrent.’’. 
(7) Former Secretary of Defense and Secretary 
of Energy James Schlesinger stated, while testifying 
before the Committee on Foreign Relations of the 
Senate in April 2010, ‘‘I believe that it is immensely 
important for the Senate to ensure, what the Admin-
istration has stated as its intent, i.e., that there be 
a robust plan with a continuation of its support over 
the full 10 years, before it proceeds to ratify this 
START follow-on treaty.’’. 
(8) Former Secretary of State James Baker 
stated in testimony before the Committee on Foreign 
Relations of the Senate in May 2010 that ‘‘because
504 
our security is based upon the safety and reliability 
of our nuclear weapons, it is important that our 
Government budget enough money to guarantee that 
those weapons can carry out their mission.’’. 
(9) Former Secretary of State Henry Kissinger 
also stated in May 2010 while testifying before the 
Committee on Foreign Relations of the Senate that 
‘‘as part of a number of recommendations, my col-
leagues, Bill Perry, George Shultz, Sam Nunn, and 
I have called for significant investments in a re-
paired and modernized nuclear weapons infrastruc-
ture and added resources for the three national lab-
oratories.’’. 
(10) Then Secretary of Defense Robert Gates, 
while testifying before the Committee on Armed 
Services of the Senate in June 2010, stated, ‘‘I see 
this treaty as a vehicle to finally be able to get what 
we need in the way of modernization that we have 
been unable to get otherwise * * *. We are essen-
tially the only nuclear power in the world that is not 
carrying out these kinds of modernization pro-
grams.’’. 
(11) Secretary Gates further stated that ‘‘I’ve 
been up here for the last four springs trying to get 
money for this and this is the first time I think I’ve
505 
got a fair shot of actually getting money for our nu-
clear arsenal.’’. 
(12) The Directors of the national nuclear 
weapons laboratories wrote to the chairman and 
ranking member of the Committee on Foreign Rela-
tions of the Senate in December 2010 that ‘‘We are 
very pleased by the update to the Section 1251 Re-
port, as it would enable the laboratories to execute 
our requirements for ensuring a safe, secure, reliable 
and effective stockpile under the Stockpile Steward-
ship and Management Plan. In particular, we are 
pleased because it clearly responds to many of the 
concerns that we and others have voiced in the past 
about potential future-year funding shortfalls, and it 
substantially reduces risks to the overall program. In 
summary, we believe that the proposed budgets pro-
vide adequate support to sustain the safety, security, 
reliability and effectiveness of America’s nuclear de-
terrent within the limit of 1,550 deployed strategic 
warheads established by the New START Treaty 
with adequate confidence and acceptable risk.’’. 
(13) President Obama pledged, in a December 
2010 letter to several Senators, ‘‘I recognize that 
nuclear modernization requires investment for the 
long-term * * *. That is my commitment to the Con-
506 
gress—that my Administration will pursue these 
programs and capabilities for as long as I am Presi-
dent.’’. 
(14) Secretary Gates added in May 2011 that, 
‘‘this modernization program was very carefully 
worked out between ourselves and the Department 
of Energy; and, frankly, where we came out on that 
played a fairly significant role in the willingness of 
the Senate to ratify the New START agreement.’’. 
(15) The Administrator for Nuclear Security, 
Thomas D’Agostino, testified before Congress in No-
vember 2011 that, ‘‘it is critical to accept the link-
age between modernizing our current stockpile in 
order to achieve the policy objective of decreasing 
the number of weapons we have in our stockpile, 
while still ensuring that the deterrent is safe, secure, 
and effective.’’. 
(b) NEW START TREATY DEFINED.—In this sub-
title, the term ‘‘New START Treaty’’ means the Treaty 
between the United States of America and the Russian 
Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed on April 
8, 2010, and entered into force on February 5, 2011.
507 
SEC. 1053. LIMITATION AND REPORT IN THE EVENT OF IN-
SUFFICIENT FUNDING FOR MODERNIZATION 
OF NUCLEAR WEAPONS STOCKPILE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) consistent with Condition 9 of the Resolu-
tion of Advice and Consent to Ratification of the 
New START Treaty of the Senate, agreed to on De-
cember 22, 2011, the United States is committed to 
ensuring the safety, security, reliability, and credi-
bility of its nuclear forces; and 
(2) the United States is committed to— 
(A) proceeding with a robust stockpile 
stewardship program and maintaining and mod-
ernizing nuclear weapons production capabilities 
and capacities of the United States to ensure 
the safety, security, reliability, and credibility of 
the nuclear arsenal of the United States at the 
New START Treaty levels and meeting require-
ments for hedging against possible international 
developments or technical problems; 
(B) reinvigorating and sustaining the nu-
clear security laboratories of the United States 
and preserving the core nuclear weapons com-
petencies therein; and
508 
(C) providing the resources needed to 
achieve these objectives, at a minimum at the 
levels set forth in the President’s 10-year plan 
provided to Congress in November 2010 pursu-
ant to section 1251 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549). 
(b) INSUFFICIENT FUNDING REPORT AND LIMITA-
TION.— 
(1) IN
GENERAL.—Paragraph (2) of section 
1045(a) of the National Defense Authorization Act 
for Fiscal Year 2012 (50 U.S.C. 2523b) is amended 
to read as follows: 
‘‘(2) INSUFFICIENT FUNDING.— 
‘‘(A) REPORT.—During each year in which 
the New START Treaty is in force, if the 
President determines that an appropriations 
Act is enacted that fails to meet the resource 
levels set forth in the November 2010 update to 
the plan referred to in section 1251 of the Na-
tional Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 
2549) or if at any time determines that more 
resources are required to carry out such plan 
than were estimated, the President shall submit
509 
to the appropriate congressional committees, 
within 60 days of making such a determination, 
a report detailing— 
‘‘(i) a plan to remedy the resource 
shortfall; 
‘‘(ii) if more resources are required to 
carry out the plan than were estimated— 
‘‘(I) the proposed level of funding 
required; and 
‘‘(II) an identification of the 
stockpile work, campaign, facility, 
site, asset, program, operation, activ-
ity, construction, or project for which 
additional funds are required; 
‘‘(iii) any effects caused by the short-
fall on the safety, security, reliability, or 
credibility of the nuclear forces of the 
United States; and 
‘‘(iv) whether and why, in light of the 
shortfall, remaining a party to the New 
START Treaty is in the national interest 
of the United States. 
‘‘(B) LIMITATION.—If the President sub-
mits a report under subparagraph (A), none of 
the funds made available for fiscal year 2012 or
510 
any fiscal year thereafter for the Department of 
Defense or the National Nuclear Security Ad-
ministration may be used to reduce the number 
of deployed nuclear warheads until— 
‘‘(i) after the date on which such re-
port is submitted, the President certifies in 
writing to the appropriate congressional 
committees that the resource shortfall 
identified in such report has been ad-
dressed; and 
‘‘(ii) a period of 120 days has elapsed 
following the date on which such certifi-
cation is made. 
‘‘(C) EXCEPTION.—The limitation in sub-
paragraph (B) shall not apply to— 
‘‘(i) reductions made to ensure the 
safety, security, reliability, and credibility 
of the nuclear weapons stockpile and stra-
tegic delivery systems, including activities 
related to surveillance, assessment, certifi-
cation, testing, and maintenance of nuclear 
warheads and strategic delivery systems; or 
‘‘(ii) nuclear warheads that are retired 
or awaiting dismantlement on the date of 
the report under subparagraph (A).
511 
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) The term ‘appropriate congres-
sional committees’ means— 
‘‘(I) the congressional defense 
committees; and 
‘‘(II) the Committee on Foreign 
Relations of the Senate and the Com-
mittee on Foreign Affairs of the 
House of Representatives. 
‘‘(ii) The term ‘New START Treaty’ 
means the Treaty between the United 
States of America and the Russian Federa-
tion on Measures for the Further Reduc-
tion and Limitation of Strategic Offensive 
Arms, signed on April 8, 2010, and en-
tered into force on February 5, 2011.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on October 1, 
2012. 
SEC. 1054. PROGRESS OF MODERNIZATION. 
(a) FINDINGS.—Congress finds the following: 
(1) In 2008, then Secretary of Defense Robert 
Gates warned that ‘‘to be blunt, there is absolutely 
no way we can maintain a credible deterrent and re-
duce the number of weapons in our stockpile without
512 
either resorting to testing our stockpile or pursuing 
a modernization program.’’. 
(2) The 2010 Nuclear Posture Review stated 
that ‘‘the President has directed a review of post- 
New START arms control objectives, to consider fu-
ture reductions in nuclear weapons. Several factors 
will influence the magnitude and pace of future re-
ductions in United States nuclear forces below New 
START levels’’, including— 
(A) ‘‘First, any future nuclear reductions 
must continue to strengthen deterrence of po-
tential regional adversaries, strategic stability 
vis-a`-vis Russia and China, and assurance of 
our allies and partners. This will require an up-
dated assessment of deterrence requirements; 
further improvements in United States, allied, 
and partner non-nuclear capabilities; focused 
reductions in strategic and non-strategic weap-
ons; and close consultations with allies and 
partners. The United States will continue to en-
sure that, in the calculations of any potential 
opponent, the perceived gains of attacking the 
United States or its allies and partners would 
be far outweighed by the unacceptable costs of 
the response.’’;
513 
(B) ‘‘Second, implementation of the Stock-
pile Stewardship Program and the nuclear in-
frastructure investments recommended in the 
NPR will allow the United States to shift away 
from retaining large numbers of non-deployed 
warheads as a hedge against technical or geo-
political surprise, allowing major reductions in 
the nuclear stockpile. These investments are es-
sential to facilitating reductions while sus-
taining deterrence under New START and be-
yond.’’; and 
(C) ‘‘Third, Russia’s nuclear force will re-
main a significant factor in determining how 
much and how fast we are prepared to reduce 
United States forces. Because of our improved 
relations, the need for strict numerical parity 
between the two countries is no longer as com-
pelling as it was during the Cold War. But 
large disparities in nuclear capabilities could 
raise concerns on both sides and among United 
States allies and partners, and may not be con-
ducive to maintaining a stable, long-term stra-
tegic relationship, especially as nuclear forces 
are significantly reduced. Therefore, we will
514 
place importance on Russia joining us as we 
move to lower levels.’’. 
(3) The 2010 Nuclear Posture Review also stat-
ed that the Administration would ‘‘conduct follow-on 
analysis to set goals for future nuclear reductions 
below the levels expected in New START, while 
strengthening deterrence of potential regional adver-
saries, strategic stability vis-a`-vis Russia and China, 
and assurance of our allies and partners.’’. 
(4) The Secretary of Defense has warned in 
testimony before the Committee on Armed Services 
of the House of Representatives regarding the se-
questration mechanism under section 251A of the 
Balanced Budget and Emergency Deficit Control 
Act of 1985 that ‘‘if this sequester goes into effect 
and it doubles the number of cuts, then it’ll truly 
devastate our national defense, because it will then 
require that we have to go at our force structure. 
We will have to hollow it out * * * [i]t will badly 
damage our capabilities for the future * * *. And if 
you have a smaller force, you’re not going to be able 
to be out there responding in as many areas as we 
do now.’’. 
(5) The 2010 Nuclear Posture Review also stat-
ed that ‘‘by modernizing our aging nuclear facilities
515 
and investing in human capital, we can substantially 
reduce the number of nuclear weapons we retain as 
a hedge.’’. 
(6) The President requested the promised 
$7,600,000,000 for weapons activities of the Na-
tional Nuclear Security Administration in fiscal year 
2012 but signed an appropriations Act for fiscal 
year 2012 that provided only $7,233,997,000, a sub-
stantial reduction to only the second year of the ten- 
year plan under section 1251 of the National De-
fense Authorization Act for Fiscal Year 2010 (Pub-
lic Law 111–84; 123 Stat. 2549). 
(7) 
The 
President 
requested 
only 
$7,577,341,000 for weapons activities of the Na-
tional Nuclear Security Administration in fiscal year 
2013 while the President’s section 1251 plan prom-
ised $7,900,000,000. 
(8) The President’s section 1251 plan further 
promised to request $8,400,000,000 in fiscal year 
2014, 
$8,700,000,000 
in 
fiscal 
year 
2015, 
$8,900,000,000 in fiscal year 2016, at least 
$8,900,000,000 in fiscal year 2017, at least 
$9,200,000,000 in fiscal year 2018, at least 
$9,400,000,000 in fiscal year 2019, at least
516 
$9,400,000,000 in fiscal year 2020, and at least 
$9,500,000,000 in fiscal year 2021. 
(9) While the administration has not yet shared 
with Congress the terms of reference of the so-called 
Nuclear Posture Review Implementation Study, or 
the Department of Defense’s instructions for that 
review, the only publicly available statements by the 
administration, including language from the Nuclear 
Posture Review, suggest the review was specifically 
instructed by the President and his senior political 
appointees to only consider reductions to the nuclear 
forces of the United States. 
(10) When asked at a hearing if the New 
START Treaty allowed the United States ‘‘to main-
tain a nuclear arsenal that is more than is needed 
to guarantee an adequate deterrent,’’ then Com-
mander of the United States Strategic Command, 
General Kevin P. Chilton said, ‘‘I do not agree that 
it is more than is needed. I think the arsenal that 
we have is exactly what is needed today to provide 
the deterrent.’’. 
(b) NUCLEAR EMPLOYMENT STRATEGY.—Section 
491 of title 10, United States Code, as amended by section 
1051, is amended by adding after subsection (b) the fol-
lowing:
517 
‘‘(c) LIMITATION.—With respect to a new nuclear 
weapons employment strategy described in a report sub-
mitted to Congress under subsection (a), none of the funds 
made available for fiscal year 2012 or any fiscal year 
thereafter for the Department of Defense may be used to 
implement such strategy until a period of one year has 
elapsed following the date on which such report is sub-
mitted to Congress.’’. 
(c) LIMITATION.—During each of fiscal years 2012 
through 2021, none of the funds made available for each 
such fiscal year for the Department of Defense may be 
used to carry out the results of the decisions made pursu-
ant to the 2010 Nuclear Posture Review Implementation 
Study that would alter the nuclear weapons employment 
strategy, guidance, plans, or options of the United States 
until the date on which the President certifies to the con-
gressional defense committees that— 
(1) the President has included the resources 
necessary to carry out the February 2011 update to 
the report required under section 1251 of the Na-
tional Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2549) in the 
budget of the President submitted to Congress 
under section 1105(a) of title 31, United States 
Code, for such fiscal year;
518 
(2) the resources described in paragraph (1) 
have been provided to the President in an appropria-
tions Act; and 
(3) the sequestration mechanism under section 
251A of the Balanced Budget and Emergency Def-
icit Control Act of 1985 has been repealed or the se-
questration mechanism under such section for the 
security category has otherwise been terminated. 
SEC. 1055. LIMITATION ON STRATEGIC DELIVERY SYSTEM 
REDUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) The Nuclear Posture Review of 2010 said, 
with respect to modernizing the triad, ‘‘for planned 
reductions under New START, the United States 
should retain a smaller Triad of SLBMs, ICBMs, 
and heavy bombers. Retaining all three Triad legs 
will best maintain strategic stability at reasonable 
cost, while hedging against potential technical prob-
lems or vulnerabilities.’’. 
(2) The Senate stated in Declaration 13 of the 
Resolution of Advice and Consent to Ratification of 
the New START Treaty that ‘‘In accordance with 
paragraph 1 of Article V of the New START Trea-
ty, which states that, ‘Subject to the provisions of 
this Treaty, modernization and replacement of stra-
519 
tegic offensive arms may be carried out,’ it is the 
sense of the Senate that United States deterrence 
and flexibility is assured by a robust triad of stra-
tegic delivery vehicles. To this end, the United 
States is committed to accomplishing the moderniza-
tion and replacement of its strategic nuclear delivery 
vehicles, and to ensuring the continued flexibility of 
United States conventional and nuclear delivery sys-
tems.’’. 
(3) The Senate required the President, prior to 
the entry into force of the New START Treaty, to 
certify to the Senate that the President intended to 
modernize or replace the triad of strategic nuclear 
delivery systems. 
(4) The President made this certification in a 
message to the Senate on February 2, 2011, in 
which the President stated, ‘‘I intend to (a) mod-
ernize or replace the triad of strategic nuclear deliv-
ery systems: a heavy bomber and air-launched cruise 
missile, an ICBM, and a nuclear-powered ballistic 
missile submarine (SSBN) and SLBM; and (b) 
maintain the United States rocket motor industrial 
base.’’. 
(b) LIMITATION.—
520 
(1) IN
GENERAL.—Chapter 24 of title 10, 
United States Code, as added by section 1051, is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 494. Strategic delivery system reductions 
‘‘(a) ANNUAL
CERTIFICATION.—Beginning fiscal 
year 2013, the President shall annually certify in writing 
to the congressional defense committees whether plans to 
modernize or replace strategic delivery systems are fully 
resourced and being executed at a level equal to or more 
than the levels set forth in the November 2010 update 
to the plan referred to in section 1251 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549), including plans regard-
ing— 
‘‘(1) a heavy bomber and air-launched cruise 
missile; 
‘‘(2) an intercontinental ballistic missile; 
‘‘(3) a submarine-launched ballistic missile; 
‘‘(4) a ballistic missile submarine; and 
‘‘(5) maintaining— 
‘‘(A) the nuclear command and control sys-
tem; and 
‘‘(B) the rocket motor industrial base of 
the United States.