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amounts appropriated or otherwise made available for the 
Executive Office of the President shall be withheld. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional 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. 
SEC. 1224. AUTHORITY TO TRANSFER DEFENSE ARTICLES 
AND PROVIDE DEFENSE SERVICES TO THE 
MILITARY AND SECURITY FORCES OF AF-
GHANISTAN AND CERTAIN OTHER COUN-
TRIES. 
(a) NONEXCESS ARTICLES AND RELATED SERVICES.— 
The Secretary of Defense may, with the concurrence of the 
Secretary of State, transfer nonexcess defense articles from 
the stocks of the Department of Defense, without reimburse-
ment from the government of the recipient country, and 
provide defense services in connection with the transfer of 
such defense articles, as follows: 
(1) To the military and security forces of Af-
ghanistan to support the efforts of those forces to re-
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store and maintain peace and security in that coun-
try. 
(2) To the military and security forces of Yemen 
to support the efforts of those forces to conduct 
counterterrorism operations and counter al Qaeda in 
the Arabian Peninsula. 
(3) To the military and security forces of Soma-
lia and other countries in the East Africa region to 
support the efforts of those forces to conduct counter-
terrorism and postconflict stability operations in So-
malia. 
(b) LIMITATIONS.— 
(1) VALUE.—The aggregate replacement value of 
all defense articles transferred and defense services 
provided in connection with such defense articles 
under subsection (a) in any fiscal year may not ex-
ceed $250,000,000. 
(2) SOURCE OF TRANSFERRED ARTICLES.—The 
authority under subsection (a) may only be used for 
defense articles that— 
(A) were present in Afghanistan as of the 
date of the enactment of this Act; 
(B) immediately before transfer were in use 
to support operations in Afghanistan; and
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(C) are no longer required by United States 
forces in Afghanistan. 
(c) APPLICABLE LAW.—Any defense articles trans-
ferred or defense services provided under the authority of 
subsection (a) shall be subject to the authorities and limita-
tions applicable to excess defense articles under section 516 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), 
other than the authorities and limitations in subsections 
(b)(1)(B), (e), (f), and (g) of such section. 
(d) REPORT REQUIRED BEFORE EXERCISE OF AU-
THORITY.— 
(1) IN GENERAL.—The Secretary of Defense may 
not exercise the authority under subsection (a) until 
15 days after the Secretary submits to the appro-
priate committees of Congress a report on the equip-
ment and other property of the Department of Defense 
in Afghanistan. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following: 
(A) A description of the process for 
inventorying equipment and property, including 
defense articles, in Afghanistan owned by the De-
partment of Defense, including equipment and 
property owned by the Department and under 
the control of contractors in Afghanistan.
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(B) An estimate of the types and quantities 
of equipment and property of the Department of 
Defense, including defense articles, anticipated to 
be withdrawn from Afghanistan in connection 
with the drawdown of United States military 
forces from Afghanistan between the date of the 
enactment of this Act and December 31, 2014, 
including equipment and property owned by the 
Department and under the control of contractors 
in Afghanistan. 
(e) NOTICE ON EXERCISE OF AUTHORITY.— 
(1) IN GENERAL.—The Secretary of Defense may 
not transfer defense articles or provide defense services 
under subsection (a) until 15 days after the date on 
which the Secretary of Defense, with the concurrence 
of the Secretary of State, submits to the appropriate 
committees of Congress notice of the proposed transfer 
of defense articles and provision of defense services. 
(2) ELEMENTS.—A notice under paragraph (1) 
shall include the following: 
(A) A description of the amount and types 
of defense articles to be transferred and defense 
services to be provided.
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(B) A statement describing the current 
value of the defense articles to be transferred and 
the estimated replacement value of such articles. 
(C) An identification of the element of the 
military or security force that is the proposed re-
cipient of the defense articles to be transferred 
and defense service to be provided. 
(D) An identification of the military de-
partment from which the defense articles to be 
transferred are to be drawn. 
(E) An assessment of the impact, if any, of 
the transfer of defense articles on the readiness of 
units from which the defense articles are to be 
transferred, and the plan, if any, for mitigating 
such impact or reimbursing the military depart-
ment of such units for such defense articles. 
(F) An assessment of the ability of the re-
cipient government to sustain the costs associated 
with receiving, possessing, and using the defense 
articles to be transferred. 
(G) A determination and certification by 
the Secretary of Defense that— 
(i) the proposed transfer of the defense 
articles to be transferred and the provision 
of defense services to be provided in connec-
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tion with such transfer is in the national 
interest of the United States; 
(ii) for the transfer of defense articles 
under the authority in subsection (a)(1), 
such defense articles are required by the 
military and security forces of Afghanistan 
to build their capacity to restore and main-
tain peace and security in that country; 
(iii) for the transfer of defense articles 
and provision of defense services under the 
authority in subsection (a)(2), the transfer 
of such defense articles and provision of 
such defense services will contribute signifi-
cantly to building key capacities of the 
military and security forces of Yemen re-
quired to conduct counterterrorism oper-
ations and counter al Qaeda in the Arabian 
Peninsula; and 
(iv) for the transfer of defense articles 
and provision of defense services under the 
authority in subsection (a)(3), the transfer 
of such defense articles and provision of 
such defense services will contribute signifi-
cantly to building key capabilities of the 
military and security forces of the recipient
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† HR 4310 EAS1S 
country to conduct counterterrorism and 
postconflict stability operations in Somalia. 
(f) QUARTERLY REPORTS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the first transfer of defense articles and 
provision of defense services under the authority in 
subsection (a), and at the end of each calendar quar-
ter, if any, thereafter through March 31, 2015, in 
which the authority in subsection (a) is exercised, the 
Secretary of Defense shall submit to the appropriate 
committees of Congress a report on the implementa-
tion of the authority in subsection (a). Each report 
shall include the replacement value of the defense arti-
cles transferred pursuant to subsection (a), both in the 
aggregate and by military department, and defense 
services provided to recipient countries, during the 
90-day period ending on the date of such report. 
(2) INCLUSION IN OTHER REPORT.—A report re-
quired under paragraph (1) may be included in the 
report required under section 9204 of the Supple-
mental Appropriations Act, 2008 (Public Law 110– 
252; 122 Stat. 2410) or any follow on report to such 
other report. 
(g) DEFINITIONS.—In this section:
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(1) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Relations, and the Com-
mittee on Appropriations of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Com-
mittee on Appropriations of the House of Rep-
resentatives. 
(2) DEFENSE ARTICLES.—The term ‘‘defense ar-
ticles’’ has the meaning given the term in section 
644(d) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2403(d)). 
(3) DEFENSE
SERVICES.—The term ‘‘defense 
services’’ has the meaning given the term in section 
644(f) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2403(f)). 
(4) MILITARY AND SECURITY FORCES.—The term 
‘‘military and security forces’’ means national ar-
mies, national air forces, national navies, national 
guard forces, police forces, and border security forces, 
but does not include nongovernmental or irregular 
forces (such as private militias).
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(5) EAST AFRICA REGION.—The term ‘‘East Afri-
ca region’’ means Burundi, Djibouti, Ethiopia, 
Kenya, Somalia, and Uganda. 
(h) EXPIRATION.—The authority provided in sub-
section (a) may not be exercised after December 31, 2014. 
(i) EXCESS DEFENSE ARTICLES.— 
(1) ADDITIONAL
AUTHORITY.—The authority 
provided by subsection (a) is in addition to the au-
thority provided by section 516 of the Foreign Assist-
ance Act of 1961. 
(2) EXEMPTIONS.—(A) During fiscal years 2013 
and 2014, the value of excess defense articles trans-
ferred from the stocks of the Department of Defense in 
Afghanistan to Afghanistan, Yemen, Somalia, or 
other countries in the East Africa region pursuant to 
section 516 of the Foreign Assistance Act of 1961 
shall not be counted against the limitation on the ag-
gregate value of excess defense articles transferred con-
tained in subsection (g) of such section. 
(B) During fiscal years 2013 and 2014, any ex-
cess defense articles specified in subparagraph (A) 
shall not be subject to the authorities and limitations 
applicable to excess defense articles under section 516 
of the Foreign Assistance Act of 1961 contained in 
subsections (b)(1)(B) and (e) of such section.
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† HR 4310 EAS1S 
(3) 
CONSTRUCTION
EQUIPMENT.—Notwith-
standing section 644(g) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2403(g)) and section 2562 of title 
10, United States Code, construction equipment from 
the stocks of the Department of Defense in Afghani-
stan may be transferred as excess defense articles 
under section 516 of the Foreign Assistance Act of 
1961 and subject to the provisions of this subsection. 
Subtitle C—Reports 
SEC. 1231. REVIEW AND REPORTS ON DEPARTMENT OF DE-
FENSE EFFORTS TO BUILD THE CAPACITY OF 
AND PARTNER WITH FOREIGN SECURITY 
FORCES. 
(a) REVIEW.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Defense Pol-
icy Board shall conduct a review of the efforts of the 
Department of Defense to build the capacity of, or 
partner with, foreign security forces in support of na-
tional defense and security strategies. 
(2) ELEMENTS.—The review required by this 
subsection shall include the following: 
(A) An examination of the ways in which 
the efforts of the Department to build the capac-
ity of, or partner with, foreign security forces di-
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† HR 4310 EAS1S 
rectly support implementation of current na-
tional defense and security strategies. 
(B) An assessment of the range of effects 
that efforts of the Department to build the capac-
ity of, or partner with, foreign security forces are 
designed to achieve in support of current na-
tional defense and security strategies. 
(C) An assessment of the criteria used for 
prioritizing such efforts in support of national 
defense and security strategies. 
(D) An identification of the authorities the 
Department currently uses to implement such ef-
forts, together with an assessment of the ade-
quacy of such authorities. 
(E) An assessment of the capabilities re-
quired by the Department to implement such ef-
forts. 
(F) An assessment of the most effective dis-
tribution of the roles and responsibilities for such 
efforts within the Department, together with an 
assessment whether the Department military and 
civilian workforce is appropriately sized and 
shaped to meet the requirements of such efforts. 
(G) An evaluation of current measures of 
the Department for assessing activities of the De-
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† HR 4310 EAS1S 
partment designed to build the capacity of, or 
partner with, foreign security forces, including 
an assessment whether such measures address the 
extent to which such activities directly support 
the priorities of national defense and security 
strategies. 
(H) An identification of recommendations 
for clarifying or improving the guidance and as-
sessment measures of the Department relating to 
its efforts to build the capacity of, or partner 
with, foreign security forces in support of na-
tional defense and security strategies. 
(3) REPORT.—Not later than 90 days after the 
completion of the review required by this subsection, 
the Secretary of Defense shall submit to the congres-
sional defense committees a report containing the re-
sult of the review. 
(b) STRATEGIC GUIDANCE ON DEPARTMENT OF DE-
FENSE EFFORTS TO BUILD PARTNER CAPACITY
AND 
OTHER PARTNERSHIP INITIATIVES.—Not later than 120 
days after the completion of the review required by sub-
section (a), the Secretary of Defense shall, in coordination 
with the Chairman of the Joint Chiefs of Staff, submit to 
the congressional defense committees a report setting forth 
the following:
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† HR 4310 EAS1S 
(1) An assessment, taking into account the rec-
ommendations of the Defense Policy Board in the re-
view required by subsection (a), of the efforts of the 
Department of Defense to build the capacity of, and 
partner with, foreign military forces in support of 
national defense and security strategies. 
(2) Strategic guidance for the Department for its 
efforts to build the capacity of, and partner with, for-
eign military forces in support of national defense 
and security strategies, which guidance shall ad-
dress— 
(A) the ways such efforts directly support 
the goals and objectives of national defense and 
security strategies; 
(B) the criteria to be used for prioritizing 
activities to implement such efforts in support of 
national defense and security strategies; 
(C) the measures to be used to assess the ef-
fects achieved by such efforts and the extent to 
which such effects support the objectives of na-
tional defense and security strategies; 
(D) the appropriate roles and responsibil-
ities of the Armed Forces, the Defense Agencies, 
and other components of the Department in con-
ducting such efforts; and
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† HR 4310 EAS1S 
(E) the relationship of Department work-
force planning with the requirements for such ef-
forts. 
SEC. 1232. ADDITIONAL ELEMENTS IN ANNUAL REPORT ON 
MILITARY AND SECURITY DEVELOPMENTS IN-
VOLVING THE PEOPLE’S REPUBLIC OF CHINA. 
Section 1202 of the National Defense Authorization 
Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended— 
(1) in subsection (b)— 
(A) by amending paragraph (9) to read as 
follows: 
‘‘(9) Developments in China’s asymmetric capa-
bilities, including efforts to develop and deploy 
cyberwarfare and electronic warfare capabilities, and 
associated activities originating or suspected of origi-
nating from China. This discussion of these develop-
ments shall include— 
‘‘(A) the nature of China’s cyber activities 
directed against the Department of Defense and 
an assessment of the damage inflicted on the De-
partment of Defense by reason thereof, and the 
potential harms; 
‘‘(B) a description of China’s strategy for 
use 
and 
potential 
targets 
of 
offensive 
cyberwarfare and electronic warfare capabilities;
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‘‘(C) details on the number of malicious 
cyber incidents emanating from Internet Pro-
tocol addresses in China, including a comparison 
of the number of incidents during the reporting 
period to previous years; and 
‘‘(D) details regarding the specific People’s 
Liberation Army; state security; research and 
academic; state-owned, associated, or other com-
mercial enterprises; and other relevant actors in-
volved in supporting or conducting cyberwarfare 
and electronic warfare activities and capabili-
ties.’’; 
(B) by redesignating paragraphs (10), (11), 
and (12) as paragraphs (15), (16), and (17) re-
spectively; 
(C) by inserting after paragraph (9) the fol-
lowing new paragraphs: 
‘‘(10) The strategy and capabilities of Chinese 
space programs, including trends, global and regional 
activities, the involvement of military and civilian 
organizations, including state-owned enterprises, aca-
demic institutions, and commercial entities, and ef-
forts to develop, acquire, or gain access to advanced 
technologies that would enhance Chinese military ca-
pabilities.
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‘‘(11) Developments in China’s nuclear capabili-
ties, which shall include the following: 
‘‘(A) The size and state of China’s nuclear 
stockpile. 
‘‘(B) A description of China’s nuclear strat-
egy and associated doctrines. 
‘‘(C) A description of the quantity, range, 
payload features, and location of China’s nuclear 
missiles and the quantity and operational status 
of their associated launchers or platforms. 
‘‘(D) An analysis of China’s efforts to use 
electromagnetic pulse. 
‘‘(E) Projections of possible future Chinese 
nuclear arsenals, their capabilities, and associ-
ated doctrines. 
‘‘(F) A description of China’s fissile mate-
rial stockpile and civil and military production 
capabilities and capacities. 
‘‘(G) A discussion of any significant uncer-
tainties or knowledge gaps surrounding China’s 
nuclear weapons program and the potential im-
plications of any such knowledge gaps for the se-
curity of the United States and its allies. 
‘‘(12) A description of China’s anti-access and 
area denial capabilities.
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‘‘(13) A description of China’s command, con-
trol, communications, computers, intelligence, surveil-
lance, and reconnaissance modernization program 
and its applications for China’s precision guided 
weapons. 
‘‘(14) A description of China’s maritime activi-
ties, including— 
‘‘(A) China’s response to Freedom of Navi-
gation activities conducted by the Department of 
Defense; 
‘‘(B) an account of each time People’s Lib-
eration Army Navy vessels have transited outside 
the First Island Chain, including the type of ves-
sels that were involved; and 
‘‘(C) the role of China’s maritime law en-
forcement vessels in maritime incidents, includ-
ing details regarding any collaboration between 
China’s law enforcement vessels and the People’s 
Liberation Army Navy.’’; and 
(D) by adding after paragraph (17), as re-
designated by subparagraph (B), the following 
new paragraphs: 
‘‘(18) A description of Chinese military-to-mili-
tary relationships with other countries, including the 
size and activity of military attache offices around
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the world and military education programs conducted 
in China for other countries or in other countries for 
the Chinese. 
‘‘(19) A description of any significant sale or 
transfer of military hardware, expertise, and tech-
nology to or from the People’s Republic of China, in-
cluding a forecast of possible future sales and trans-
fers, and a description of the implications of those 
sales and transfers for the security of the United 
States and its friends and allies in Asia. The infor-
mation under this paragraph shall include— 
‘‘(A) the extent of the People’s Republic of 
China’s knowledge, cooperation, or condoning of 
sales or transfers of military hardware, expertise, 
or technology to receiving states; 
‘‘(B) the extent in each selling state of gov-
ernment knowledge, cooperation, or condoning of 
sales or transfers of military hardware, expertise, 
or technology to the People’s Republic of China; 
‘‘(C) an itemization of significant sales and 
transfers of military hardware, expertise, or tech-
nology that have taken place during the report-
ing period; 
‘‘(D) significant assistance by any selling 
state to key research and development programs
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† HR 4310 EAS1S 
in China, including programs for development of 
weapons of mass destruction and delivery vehi-
cles for such weapons, programs for development 
of advanced conventional weapons, and pro-
grams for development of unconventional weap-
ons; 
‘‘(E) significant assistance by the People’s 
Republic of China to the research and develop-
ment programs of purchasing or receiving states, 
including programs for development of weapons 
of mass destruction and delivery vehicles for such 
weapons, programs for development of advanced 
conventional weapons, and programs for develop-
ment of unconventional weapons; 
‘‘(F) the extent to which arms sales to or 
from the People’s Republic of China are a source 
of funds for military research and development 
or procurement programs in China or the selling 
state; 
‘‘(G) a discussion of the ability of the Peo-
ple’s Liberation Army to assimilate such sales or 
transfers, mass produce new equipment, and de-
velop doctrine for use; and 
‘‘(H) a discussion of the potential threat of 
developments related to such sales on the security
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† HR 4310 EAS1S 
interests of the United States and its friends and 
allies in Asia.’’; and 
(2) by amending subsection (d) to read as fol-
lows: 
‘‘(d) COMBATANT COMMANDER ASSESSMENT.—The re-
port required under subsection (a) shall include an annex, 
in classified or unclassified form, that includes an assess-
ment of the Commander of the United States Pacific Com-
mand on the following matters: 
‘‘(1) Any gaps in intelligence that limit the abil-
ity of the Commander to address challenges posed by 
the People’s Republic of China. 
‘‘(2) Any gaps in the capabilities, capacity, and 
authorities of the Commander to address challenges 
posed by the People’s Republic of China to the United 
States Armed Forces and United States interests in 
the region. 
‘‘(3) Any other matters the Commander considers 
to be relevant.’’. 
SEC. 1233. REPORT ON IMPLEMENTATION BY GOVERNMENT 
OF BAHRAIN OF RECOMMENDATIONS IN RE-
PORT OF THE BAHRAIN INDEPENDENT COM-
MISSION OF INQUIRY. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State
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† HR 4310 EAS1S 
shall submit to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the House 
of Representatives a report on the implementation by the 
Government of Bahrain of the recommendations contained 
in the Report of the Bahrain Independent Commission of 
Inquiry. 
(b) CONTENT.—The report required under subsection 
(a) shall include the following elements: 
(1) A description of the specific steps taken by 
the Government of Bahrain to implement each of the 
26 recommendations contained in the Report of the 
Bahrain Independent Commission of Inquiry. 
(2) An assessment of whether each recommenda-
tion has been fully complied with by the Government 
of Bahrain. 
(3) An assessment of the impact of the findings 
of the Report of the Bahrain Independent Commission 
of Inquiry on progress toward democracy and respect 
for human rights in Bahrain. 
SEC. 1234. REPORTS ON SYRIA. 
(a) REPORT ON OPPOSITION GROUPS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Director of 
National Intelligence and Secretary of State shall 
submit to Congress a report describing in detail all
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† HR 4310 EAS1S 
the known opposition groups, both independent and 
state-sponsored, inside and outside of Syria, oper-
ating directly or indirectly to oppose the Government 
of Syria. 
(2) CONTENT.—The report required under para-
graph (1) shall include the following elements: 
(A) An assessment of the current military 
capacity of opposition forces. 
(B) An assessment of the ability of opposi-
tion forces inside and outside of Syria to estab-
lish military and political activities impacting 
Syria, together with a practicable timetable for 
accomplishing these objectives. 
(C) An assessment of the ability of any of 
the opposition groups to establish effective mili-
tary and political control in Syria. 
(D) A description of the composition and 
political agenda of each of the known opposition 
groups inside and outside of Syria, and an as-
sessment of the degree to which such groups rep-
resent the views of the people of Syria as a 
whole. 
(E) A description of the financial resources 
currently available to opposition groups and 
known potential sources of continued financing.
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† HR 4310 EAS1S 
(F) An assessment of the relationship be-
tween each of the Syrian opposition groups and 
the Muslim Brotherhood, al Qaeda, Hezbollah, 
Hamas, and any other groups that have pro-
moted an agenda that would negatively impact 
United States national interests. 
(G) An assessment of the impact of support 
from the United States and challenges to pro-
viding such additional support to opposition 
forces on the factors discussed in subparagraphs 
(A) through (F). 
(b) REPORT ON WEAPONS STOCKPILES.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Director of 
National Intelligence and Secretary of Defense shall 
submit to Congress an assessment of the size and secu-
rity of conventional and non-conventional weapons 
stockpiles in Syria. 
(2) CONTENT.—The report required under para-
graph (1) shall include the following elements: 
(A) A description of who has or may have 
access to the stockpiles. 
(B) A description of the sources and types 
of weapons flowing from outside Syria to both 
government and opposition forces.
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† HR 4310 EAS1S 
(C) A description of U.S. and international 
efforts to prevent the proliferation of conven-
tional, biological, chemical, and other types of 
weapons in Syria. 
(c) REPORT ON CURRENT ACTIVITIES AND FUTURE 
PLANS TO PROVIDE ASSISTANCE TO SYRIA’S POLITICAL 
OPPOSITION.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
State shall submit to Congress a report on all the sup-
port provided to opposition political forces in Syria. 
(2) CONTENT.—The report required under para-
graph (1) shall include the following elements: 
(A) A full description of the current tech-
nical assistance democracy programs conducted 
by the Department of State and United States 
Agency for International Development to support 
the political opposition in Syria. 
(B) A full summary of the communications 
equipment that is currently being provided to the 
political opposition in Syria, including a de-
scription of the entities that have received and 
that will continue to receive such equipment.
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† HR 4310 EAS1S 
(C) A description of any additional activi-
ties the United States plans to undertake in sup-
port of the political opposition in Syria. 
(D) A description of the funding levels cur-
rently dedicated to support the political opposi-
tion in Syria. 
(E) A description of obstacles and chal-
lenges to providing additional support to Syria’s 
political opposition. 
(d) FORM.—The reports required by this section may 
be submitted in a classified form. 
SEC. 1235. REPORT ON MILITARY ACTIVITIES TO DENY OR 
SIGNIFICANTLY DEGRADE THE USE OF AIR 
POWER AGAINST CIVILIAN AND OPPOSITION 
GROUPS IN SYRIA. 
(a) REPORT REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall, in consultation with the Chairman of the Joint 
Chiefs of Staff, submit to the congressional defense commit-
tees a report identifying the limited military activities that 
could deny or significantly degrade the ability of President 
Bashar al-Assad of Syria, and forces loyal to him, to use 
air power against civilians and opposition groups in Syria. 
(b) NATURE OF MILITARY ACTIVITIES.—
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† HR 4310 EAS1S 
(1) PRINCIPAL
PURPOSE.—The principal pur-
pose of the military activities identified for purposes 
of the report required by subsection (a) shall be to ad-
vance the goals of President Obama of stopping the 
killing of civilians in Syria and creating conditions 
for a transition to a democratic, pluralistic political 
system in Syria. 
(2) ADDITIONAL GOALS.—The military activities 
identified for purposes of the report shall also meet 
the goals as follows: 
(A) That the United States Armed Forces 
conduct such activities with foreign allies or 
partners. 
(B) That United States ground troops not 
be deployed onto Syrian territory. 
(C) That the risk to civilians on the ground 
in Syria be limited. 
(D) That the risks to United States mili-
tary personnel be limited. 
(E) That the financial costs to the United 
States be limited. 
(c) ELEMENTS
ON POTENTIAL MILITARY ACTIVI-
TIES.—The report required by subsection (a) shall include 
a comprehensive description, evaluation, and assessment of
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† HR 4310 EAS1S 
the potential effectiveness of the following military activi-
ties, as required by subsection (a): 
(1) The deployment of air defense systems, such 
as Patriot missile batteries, to neighboring countries 
for the purpose of denying or significantly degrading 
the operational capability of Syria aircraft. 
(2) The establishment of one or more no-fly zones 
over key population centers in Syria. 
(3) Limited air strikes to destroy or significantly 
degrade Syria aircraft. 
(4) Such other military activities as the Sec-
retary considers appropriate to achieve the goals stat-
ed in subsection (b). 
(d) ELEMENTS IN DESCRIPTION OF POTENTIAL MILI-
TARY ACTIVITIES.—For each military activity that the Sec-
retary identifies in subsection (c), the comprehensive de-
scription of such activities under that subsection shall in-
clude, but not be limited to, the type and the number of 
United States military personnel and assets to be involved 
in such activities, the anticipated duration of such activi-
ties, and the anticipated cost of such activities. The report 
shall also identify what elements would be required to maxi-
mize the effectiveness of such military activities.
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† HR 4310 EAS1S 
(e) NO
AUTHORIZATION
FOR
USE
OF
MILITARY 
FORCE.—Nothing in this section shall be construed as a 
declaration of war or an authorization for the use of force. 
(f) The report required in subsection (a) shall be deliv-
ered in classified form. 
Subtitle D—Other Matters 
SEC. 1241. IMPROVED ADMINISTRATION OF THE AMERICAN, 
BRITISH, CANADIAN, AND AUSTRALIAN AR-
MIES’ PROGRAM. 
(a) AUTHORITY.— 
(1) IN GENERAL.—Chapter 6 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 168a. American, British, Canadian, and Australian 
Armies’ Program: administration; agree-
ments with other participating countries 
‘‘(a) AUTHORITY.—As part of the participation by the 
United States in the land-force program known as the 
American, British, Canadian, and Australian Armies’ Pro-
gram (in this section referred to as the ‘Program’), the Sec-
retary of Defense may, with the concurrence of the Secretary 
of State, enter into agreements with the other participating 
countries in accordance with this section, and the Program 
shall be managed pursuant to a joint agreement among the 
participating countries.
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‘‘(b) PARTICIPATING COUNTRIES.—In addition to the 
United States, the countries participating in the Program 
are the following: 
‘‘(1) Australia. 
‘‘(2) Canada. 
‘‘(3) New Zealand. 
‘‘(4) The United Kingdom. 
‘‘(c) CONTRIBUTIONS
BY
PARTICIPANTS.—(1) An 
agreement under subsection (a) shall provide that each par-
ticipating country shall contribute to the Program— 
‘‘(A) its equitable share of the full cost for the 
Program, including the full cost of overhead and ad-
ministrative costs related to the Program; and 
‘‘(B) any amount allocated to it in accordance 
with the agreement for the cost for monetary claims 
asserted against any participating country as a result 
of participation in the Program. 
‘‘(2) Such an agreement shall also provide that each 
participating country (including the United States) may 
provide its contribution for its equitable share under the 
agreement in funds, in personal property, or in services re-
quired for the Program (or in any combination thereof). 
‘‘(3) Any contribution by the United States to the Pro-
gram that is provided in funds shall be made from funds
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† HR 4310 EAS1S 
available to the Department of Defense for operation and 
maintenance. 
‘‘(4) Any contribution received by the United States 
from another participating country to meet that country’s 
share of the costs of the Program shall be credited to appro-
priations available to the Department of Defense, as deter-
mined by the Secretary of Defense. The amount of a con-
tribution credited to an appropriation account in connec-
tion with the Program shall be available only for payment 
of the share of the Program expenses allocated to the partici-
pating country making the contribution. Amounts so cred-
ited shall be available for the following purposes: 
‘‘(A) Payments to contractors and other sup-
pliers (including the Department of Defense and par-
ticipating countries acting as suppliers) for necessary 
goods and services of the Program. 
‘‘(B) Payments for any damages and costs re-
sulting from the performance or cancellation of any 
contract or other obligation in support of the Pro-
gram. 
‘‘(C) Payments for any monetary claim against 
a participating country as a result of the participa-
tion of that country in the Program. 
‘‘(D) Payments or reimbursements of other Pro-
gram expenses, including overhead and administra-
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tive costs for any administrative office for the Pro-
gram. 
‘‘(E) Refunds to other participating countries. 
‘‘(5) Costs for the operation of any office established 
to carry out the Program shall be borne jointly by the par-
ticipating countries as provided for in an agreement re-
ferred to in subsection (a). 
‘‘(d) AUTHORITY TO CONTRACT FOR PROGRAM ACTIVI-
TIES.—As part of the participation by the United States 
in the Program, the Secretary of Defense may enter into 
contracts or incur other obligations on behalf of the other 
participating countries for activities under the Program. 
Any payment for such a contract or other obligation under 
this subsection may be paid only from contributions cred-
ited to an appropriation under subsection (c)(4). 
‘‘(e) DISPOSAL OF PROPERTY.—As part of the partici-
pation by the United States in the Program, the Secretary 
of Defense may, with respect to any property that is jointly 
acquired by the countries participating in the Program, 
agree to the disposal of the property without regard to any 
law of the United States that is otherwise applicable to the 
disposal of property owned by the United States. Such dis-
posal may include the transfer of the interest of the United 
States in the property to one or more of the other partici-
pating countries or the sale of the property. Reimbursement
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for the value of the property disposed of (including the value 
of the interest of the United States in the property) shall 
be made in accordance with an agreement under subsection 
(a). 
‘‘(f) SUNSET.—Any agreement entered into by the 
United States with another country under subsection (a), 
and United States participation in the joint agreement de-
scribed in that subsection, shall expire not later than five 
years after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2013.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 6 of such title is 
amended by adding at the end the following new item: 
‘‘168a. American, British, Canadian, and Australian Armies’ Program: adminis-
tration; agreements with other participating countries.’’. 
(b) REPORT.—Not later than 60 days before the expi-
ration date for agreements under subsection (a) of section 
168a of title 10, United States Code (as added by subsection 
(a) of this section), pursuant to subsection (f) of such sec-
tion, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report on the activities, costs, and accom-
plishments of the American, British, Canadian, and Aus-
tralian Armies’ Program during the five-year period ending 
on the date of such report.
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SEC. 1242. UNITED STATES PARTICIPATION IN HEAD-
QUARTERS EUROCORPS. 
(a) PARTICIPATION AUTHORIZED.—The Secretary of 
Defense may, with the concurrence of the Secretary of State, 
authorize the participation of members of the Armed Forces 
as members of the staff of Headquarters Eurocorps for the 
purpose of supporting the North Atlantic Treaty Organiza-
tion (NATO) activities of the NATO Rapid Deployable 
Corps Eurocorps. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) REQUIREMENT.—The participation of mem-
bers of the Armed Forces as members of the staff of 
Headquarters Eurocorps shall be in accordance with 
the terms of one or more memoranda of under-
standing entered into by the Secretary of Defense, 
with the concurrence of the Secretary of State, and 
Headquarters Eurocorps. 
(2) COST-SHARING ARRANGEMENTS.—If Depart-
ment of Defense facilities, equipment, or funds are 
used to support Headquarters Eurocorps, the memo-
randa of understanding under paragraph (1) shall 
provide details of any cost-sharing arrangement or 
other funding arrangement. 
(c) LIMITATION ON NUMBER OF MEMBERS PARTICI-
PATING AS STAFF.—Not more than two members of the 
Armed Forces may participate as members of the staff of
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Headquarters Eurocorps, until the Secretary of Defense sub-
mits to the Committees on Armed Services of the Senate 
and the House of Representatives a report setting forth the 
following: 
(1) A certification by the Secretary of Defense 
that the participation of more than two members of 
the Armed Forces in Headquarters Eurocorps is in 
the national interests of the United States. 
(2) A description of the benefits of the participa-
tion of the additional members proposed by the Sec-
retary. 
(3) A description of the plans for the participa-
tion of the additional members proposed by the Sec-
retary, including the grades and posts to be filled. 
(4) A description of the costs associated with the 
participation of the additional members proposed by 
the Secretary. 
(d) AVAILABILITY OF APPROPRIATED FUNDS.— 
(1) AVAILABILITY.—Funds appropriated to the 
Department of Defense for operation and mainte-
nance are available as follows: 
(A) To pay the United States’ share of the 
operating expenses of Headquarters Eurocorps. 
(B) To pay the costs of the participation of 
members of the Armed Forces participating as
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† HR 4310 EAS1S 
members of the staff of Headquarters Eurocorps, 
including the costs of expenses of such partici-
pants. 
(2) LIMITATION.—No funds may be used under 
this section to fund the pay or salaries of members of 
the Armed Forces who participate as members of the 
staff of the Headquarters, North Atlantic Treaty Or-
ganization (NATO) Rapid Deployable Corps under 
this section. 
(e) HEADQUARTERS EUROCORPS DEFINED.—In this 
section, the term ‘‘Headquarters Eurocorps’’ refers to the 
multinational military headquarters, established on October 
1, 1993, which is one of the High Readiness Forces (Land) 
associated with the Allied Rapid Reaction Corps of NATO. 
SEC. 1243. DEPARTMENT OF DEFENSE PARTICIPATION IN 
EUROPEAN PROGRAM ON MULTILATERAL EX-
CHANGE OF AIR TRANSPORTATION AND AIR 
REFUELING SERVICES. 
(a) PARTICIPATION AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense may, 
with the concurrence of the Secretary of State, author-
ize the participation of the United States in the Air 
Transport, Air-to-Air Refueling and other Exchanges 
of Services program (in this section referred to as the
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† HR 4310 EAS1S 
‘‘ATARES program’’) of the Movement Coordination 
Centre Europe. 
(2) SCOPE OF PARTICIPATION.—Participation in 
the ATARES program under paragraph (1) shall be 
limited to the reciprocal exchange or transfer of air 
transportation and air refueling services on a reim-
bursable basis or by replacement-in-kind or the ex-
change of air transportation or air refueling services 
of an equal value. 
(3) LIMITATIONS.—The United States’ balance of 
executed flight hours, whether as credits or debits, in 
participation in the ATARES program under para-
graph (1) may not exceed 500 hours. The United 
States’ balanced of executed flight hours for air refuel-
ing in the ATARES program under paragraph (1) 
may not exceed 200 hours. 
(b) WRITTEN ARRANGEMENT OR AGREEMENT.— 
(1) ARRANGEMENT OR AGREEMENT REQUIRED.— 
The participation of the United States in the 
ATARES program under subsection (a) shall be in 
accordance with a written arrangement or agreement 
entered into by the Secretary of Defense, with the con-
currence of the Secretary of State, and the Movement 
Coordination Centre Europe.
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(2) FUNDING ARRANGEMENTS.—If Department of 
Defense facilities, equipment, or funds are used to 
support the ATARES program, the written arrange-
ment or agreement under paragraph (1) shall specify 
the details of any equitable cost sharing or other fund-
ing arrangement. 
(3) OTHER ELEMENTS.—Any written arrange-
ment or agreement entered into under paragraph (1) 
shall require that any accrued credits and liabilities 
resulting from an unequal exchange or transfer of air 
transportation or air refueling services shall be liq-
uidated, not less than once every five years, through 
the ATARES program. 
(c) IMPLEMENTATION.—In carrying out any written 
arrangement or agreement entered into under subsection 
(b), the Secretary of Defense may— 
(1) pay the United States’ equitable share of the 
operating expenses of the Movement Coordination 
Centre Europe and the ATARES consortium from 
funds available to the Department of Defense for oper-
ation and maintenance; and 
(2) assign members of the Armed Forces or De-
partment of Defense civilian personnel, from among 
members and personnel within billets authorized for 
the United States European Command, to duty at the
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† HR 4310 EAS1S 
Movement Coordination Centre Europe as necessary 
to fulfill the United States’ obligations under that ar-
rangement or agreement. 
(d) CREDITING OF RECEIPTS.—Any amount received 
by the United States in carrying out a written arrangement 
or agreement entered into under subsection (b) shall be cred-
ited, as elected by the Secretary of Defense, to the following: 
(1) The appropriation, fund, or account used in 
incurring the obligation for which such amount is re-
ceived. 
(2) An appropriation, fund, or account currently 
available for the purposes for which such obligation 
was made. 
(e) ANNUAL SECRETARY OF DEFENSE REPORTS.—Not 
later than 30 days after the end of each fiscal year in which 
the authority provided by this section is in effect, the Sec-
retary of Defense shall submit to Congress a report on 
United States participation in the ATARES program dur-
ing such fiscal year. Each report shall include the following: 
(1) The United States balance of executed flight 
hours at the end of the fiscal year covered by such re-
port. 
(2) The types of services exchanged or transferred 
during the fiscal year covered by such report.
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† HR 4310 EAS1S 
(3) A description of any United States costs 
under the written arrangement or agreement under 
subsection (b)(1) in connection with the use of De-
partment of Defense facilities, equipment, or funds to 
support the ATARES program under that subsection 
as provided by subsection (b)(2). 
(4) A description of the United States’ equitable 
share of the operating expenses of the Movement Co-
ordination Centre Europe and the ATARES consor-
tium paid under subsection (c)(1). 
(5) A description of any amounts received by the 
United States in carrying out a written arrangement 
or agreement entered into under subsection (b). 
(f) COMPTROLLER GENERAL OF UNITED STATES RE-
PORT.—Not later than one year after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the congressional defense committees 
a report on the ATARES program. The report shall set 
forth the assessment of the Comptroller General of the pro-
gram, including the types of services available under the 
program, whether the program is achieving its intended 
purposes, and, on the basis of actual cost data from the per-
formance of the program, the cost-effectiveness of the pro-
gram.
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(g) EXPIRATION.—The authority provided by this sec-
tion to participate in the ATARES program shall expire 
five years after the date on which the Secretary of Defense 
first enters into a written arrangement or agreement under 
subsection (b). The Secretary shall publish notice of such 
date on a public website of the Department of Defense. 
SEC. 1244. AUTHORITY TO ESTABLISH PROGRAM TO PRO-
VIDE ASSISTANCE TO FOREIGN CIVILIANS 
FOR HARM INCIDENT TO COMBAT OPER-
ATIONS OF THE ARMED FORCES IN FOREIGN 
COUNTRIES. 
(a) AUTHORITY TO ESTABLISH PROGRAM.—The Sec-
retary of Defense may establish a program, under such reg-
ulations as the Secretary may prescribe, to enable military 
commanders at their discretion to provide assistance to for-
eign civilians for damage, personal injury, or death that 
is incident to combat operations of the Armed Forces in 
a foreign country. 
(b) ELEMENTS.— 
(1) NATURE
OF
ASSISTANCE.—Any assistance 
provided under a program under subsection (a) may 
be provided only ex gratia, and shall not be consid-
ered an admission or acknowledgment of any legal ob-
ligation to compensate for any damage, personal in-
jury, or death.
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† HR 4310 EAS1S 
(2) TREATMENT WITH OTHER COMPENSATION.— 
In the event compensation for damage, personal in-
jury, or death covered by this section is received 
through a separate program operated by the United 
States Government, receipt of compensation in such 
amount should be considered by the commander or 
legal advisor determining appropriate assistance 
under a program under subsection (a). 
(3) AMOUNT OF ASSISTANCE.—If the Secretary of 
Defense determines a program under subsection (a) to 
be fitting in a particular setting, the amount of as-
sistance, if any, to be provided to civilians deter-
mined to have suffered harm incident to combat oper-
ations of the Armed Forces under the program should 
be determined pursuant to regulations prescribed by 
the Secretary and based on an assessment of cultural 
appropriateness and prevailing economic conditions. 
(c) RECORDS.— 
(1) IN GENERAL.—The regulations prescribed by 
the Secretary of Defense for purposes of any program 
under subsection (a) shall include requirements as fol-
lows: 
(A) That local military commanders main-
tain a written record of any assistance offered or 
denied under such program.
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† HR 4310 EAS1S 
(B) That local military commanders submit 
on a timely basis a report summarizing such 
written records to the appropriate office in the 
Department of Defense as specified by the Sec-
retary in such regulations. 
SEC. 1245. SUSTAINABILITY REQUIREMENTS FOR CERTAIN 
CAPITAL PROJECTS IN CONNECTION WITH 
OVERSEAS CONTINGENCY OPERATIONS. 
(a) LIMITATION.— 
(1) IN GENERAL.—Commencing 60 days after 
the date of the enactment of this Act— 
(A) amounts authorized to be appropriated 
for the Department of Defense may not be obli-
gated or expended for a capital project described 
in subsection (b) unless the Secretary of Defense, 
in consultation with the United States com-
mander of military operations in the country in 
which the project will be carried out, completes 
an assessment on the necessity and sustainability 
of the project; 
(B) amounts authorized to be appropriated 
for the Department of State may not be obligated 
or expended for a capital project described in 
subsection (b) unless the Secretary of State, in 
consultation with the Chief of Mission in the
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country in which the project will be carried out, 
completes an assessment on the necessity and 
sustainability of the project; and 
(C) amounts authorized to be appropriated 
for the United States Agency for International 
Development may not be obligated or expended 
for a capital project described in subsection (b) 
unless the Administrator of the United States 
Agency for International Development, in con-
sultation with the Mission Director and the 
Chief of Mission in the country in which the 
project will be carried out, completes an assess-
ment on the necessity and sustainability of the 
project. 
(2) ELEMENTS.—Each assessment on a capital 
project under this subsection shall include, but not be 
limited to, the following: 
(A) An estimate of the total cost of the com-
pleted project to the United States. 
(B) An estimate of the financial and other 
requirements necessary for the host government 
to sustain the project on an annual basis after 
completion of the project. 
(C) An assessment whether the host govern-
ment has the capacity (in both financial and
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† HR 4310 EAS1S 
human resources) to maintain and use the 
project after completion. 
(D) A description of any arrangements for 
the sustainment of the project following its com-
pletion if the host government lacks the capacity 
(in financial or human resources) to maintain 
the project. 
(E) An assessment whether the host govern-
ment has requested or expressed its need for the 
project, and an explanation of the decision to 
proceed with the project absent such request or 
need. 
(F) An assessment by the Secretary of De-
fense, where applicable, of the effect of the project 
on the military mission of the United States in 
the country concerned 
(b) COVERED CAPITAL PROJECTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a capital project described in this sub-
section is any capital project overseas for an overseas 
contingency operation for the benefit of a host country 
and funded by the Department of Defense, the Depart-
ment of State, or the United States Agency for Inter-
national Development, as applicable, if the capital 
project—
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† HR 4310 EAS1S 
(A) in the case of a project that directly 
supports building the capacity of indigenous se-
curity forces in the host country, has an esti-
mated value in excess of $10,000,000; 
(B) in the case of any project not covered 
by subparagraph (A) that is to be funded by the 
Department of State or the United States Agency 
for International Development, has an estimated 
value in excess of $5,000,000; or 
(C) in the case of any other project, has an 
estimated value in excess of $2,000,000. 
(2) EXCLUSION.—A capital project described in 
this subsection does not include any project for mili-
tary construction (as that term is defined in section 
114(b) of title 10, United States Code) or a military 
family housing project under section 2821 of such 
title. 
(c) WAIVER.—The Secretary of Defense, the Secretary 
of State, or the Administrator of the United States Agency 
for International Development, as applicable, may waive 
the limitation in subsection (a) in order to initiate a cap-
ital project if such Secretary or the Administrator, as the 
case may be, determines that the project is in the national 
security, diplomatic, or humanitarian interests of the 
United States. In the first report submitted under sub-
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† HR 4310 EAS1S 
section (d) after any waiver under this subsection, such Sec-
retary or the Administrator shall include a detailed jus-
tification of such waiver. Not later than 45 days after 
issuing a waiver under this subsection, such Secretary or 
the Administrator shall submit to Congress the assessment 
described in subsection (a) with respect to the capital 
project concerned. 
(d) SEMI-ANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than 30 days after 
the end of each fiscal-year half-year the Secretary of 
Defense, the Secretary of State, and the Adminis-
trator of the United States Agency for International 
Development shall each submit to the appropriate 
committees of Congress a report setting forth each as-
sessment conducted under subsection (a) by such Sec-
retary or the Administrator, as the case may be, dur-
ing such fiscal-year half-year, including the elements 
of each capital project assessed specified in subsection 
(a)(2). 
(2) ADDITIONAL ELEMENTS.—In addition to the 
matters provided for in paragraph (1), each report 
under that paragraph shall include the following: 
(A) For each capital project covered by such 
report, an evaluation (other than by amount of
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† HR 4310 EAS1S 
funds expended) of the effectiveness of such 
project, including, at a minimum, the following: 
(i) The stated goals of the project. 
(ii) The actions taken to assess and 
verify whether the project has met the stated 
goals of the project or is on track to meet 
such goals when completed. 
(iii) The current and anticipated levels 
of involvement of local governments, com-
munities, and individuals in the project. 
(B) For each country or region in which a 
capital project covered by such report is being 
carried out, an assessment of the following: 
(i) The current and anticipated effects 
of violence in the country or region on all 
the projects in the country or region covered 
by such report. 
(ii) The current and anticipated levels 
of corruption or fraud in the country or re-
gion in the connection with all the projects 
in the country or region covered by such re-
port, and the current and anticipated risks 
of corruption or fraud in connection with 
such projects.
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† HR 4310 EAS1S 
(3) FORM.—Each report shall be submitted in 
unclassified form, but may include a classified annex. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Relations, the Committee 
on Homeland Security and Governmental Af-
fairs, and the Committee on Appropriations of 
the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee on 
Oversight and Government Reform, and the 
Committee on Appropriations of the House of 
Representatives. 
(2) The term ‘‘capital project’’ has the meaning 
given that term in section 308 of the Aid, Trade, and 
Competitiveness Act of 1992 (22 U.S.C. 2421e). 
(3) The term ‘‘overseas contingency operation’’ 
means a military operation outside the United States 
and its territories and possessions that is a contin-
gency operation (as that term is defined in section 
101(a)(13) of title 10, United States Code).
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† HR 4310 EAS1S 
SEC. 1246. EFFORTS TO REMOVE JOSEPH KONY FROM 
POWER AND END ATROCITIES COMMITTED BY 
THE LORD’S RESISTANCE ARMY. 
Consistent with the Lord’s Resistance Army Disar-
mament and Northern Uganda Recovery Act of 2009 (Pub-
lic Law 111–172), it is the sense of the Senate that— 
(1) the ongoing United States advise and assist 
operation to support the regional governments in Af-
rica in their ongoing efforts to apprehend or remove 
Joseph Kony and his top commanders from the battle-
field and end atrocities perpetuated by his Lord’s Re-
sistance Army should continue; 
(2) using amounts authorized to be appropriated 
by section 301 and specified in the funding table in 
section 4301 for Operation and Maintenance, Defense- 
wide for ‘‘Additional ISR Support to Operation Ob-
servant Compass’’, the Secretary of Defense should 
provide increased intelligence, surveillance, and re-
connaissance assets to support the ongoing efforts of 
United States Special Operations Forces to advise 
and assist regional partners as they conduct oper-
ations against the Lord’s Resistance Army in Central 
Africa; 
(3) United States and regional African forces 
should increase their operational coordination; and
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† HR 4310 EAS1S 
(4) the regional governments should recommit 
themselves to the operations sanctioned by the African 
Union Peace and Security Council resolution. 
SEC. 1247. IMPOSITION OF SANCTIONS WITH RESPECT TO 
SUPPORT FOR THE REBEL GROUP KNOWN AS 
M23. 
(a) BLOCKING OF ASSETS.— 
(1) IN GENERAL.—The Secretary of the Treasury 
shall, pursuant to the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et seq.) or Execu-
tive Order 13413 (74 Fed. Reg. 64105; relating to 
blocking property of certain persons contributing to 
the conflict in the Democratic Republic of the Congo), 
block and prohibit all transactions in all property 
and interests in property of a person described in 
subsection (c) if such property and interests in prop-
erty are in the United States, come within the United 
States, or are or come within the possession or control 
of a United States person. 
(2) EXCEPTION.—The authority to block and 
prohibit all transactions in all property and interests 
in property under paragraph (1) does not include the 
authority to impose sanctions on the importation of 
property.
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† HR 4310 EAS1S 
(b) VISA BAN.—The Secretary of State shall deny a 
visa to, and the Secretary of Homeland Security shall ex-
clude from the United States, any alien who is a person 
described in subsection (c). 
(c) PERSONS DESCRIBED.—A person described in this 
subsection is a person that the President determines pro-
vides, on or after the date of the enactment of this Act, sig-
nificant financial, material, or technological support to 
M23. 
(d) WAIVER.—The President may waive the applica-
tion of this section with respect to a person if the President 
determines and reports to the appropriate congressional 
committees that the waiver is in the national interest of 
the United States. 
(e) TERMINATION OF SANCTIONS.—Sanctions imposed 
under this section may terminate 15 days after the date 
on which the President determines and reports to the appro-
priate congressional committees that the person covered by 
such determination has terminated the provision of signifi-
cant financial, material, and technological support to M23. 
(f) TERMINATION OF SECTION.—This section shall ter-
minate on the date that is 15 days after the date on which 
the President determines and reports to the appropriate 
congressional committees that M23 is no longer a signifi-
730 
† HR 4310 EAS1S 
cant threat to peace and security in the Democratic Repub-
lic of the Congo. 
(g) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Banking, Housing, 
and Urban Affairs, the Committee on Armed 
Services, and the Committee on Foreign Rela-
tions of the Senate; and 
(B) the Committee on Financial Services, 
the Committee on Armed Services, and the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives. 
(2) M23.—The term ‘‘M23’’ refers to the rebel 
group known as M23 operating in the Democratic Re-
public of the Congo that derives its name from the 
March 23, 2009, agreement between the Government 
of the Democratic Republic of the Congo and the Na-
tional Congress for the Defense of the People (or any 
successor group). 
(3) UNITED STATES PERSON.—The term ‘‘United 
States person’’ means—
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† HR 4310 EAS1S 
(A) an individual who is a United States 
citizen or an alien lawfully admitted for perma-
nent residence to the United States; or 
(B) an entity organized under the laws of 
the United States or of any jurisdiction within 
the United States. 
SEC. 1248. PROGRAM ON REPAIR, OVERHAUL, AND REFUR-
BISHMENT OF DEFENSE ARTICLES FOR SALE 
OR TRANSFER TO ELIGIBLE FOREIGN COUN-
TRIES AND ENTITIES. 
(a) PROGRAM AUTHORIZED.—The Secretary of De-
fense may carry out a program to repair, overhaul, or re-
furbish in-stock defense articles in anticipation of the sale 
or transfer of such defense articles to eligible foreign coun-
tries or international organizations under law. 
(b) FUND FOR SUPPORT OF PROGRAM AUTHORIZED.— 
The Secretary of Defense may establish and administer a 
fund to be known as the ‘‘Special Defense Repair Fund’’ 
(in this section referred to as the ‘‘Fund’’) to support the 
program authorized by subsection (a). 
(c) CREDITS TO FUND.— 
(1) IN GENERAL.—Subject to paragraphs (2) and 
(3), the following shall be credited to the Fund: 
(A) Subject to applicable provisions of ap-
propriations Acts, such amounts, not to exceed
732 
† HR 4310 EAS1S 
$48,400,000 per fiscal year, from amounts au-
thorized to be appropriated for the Department 
of Defense for operation and maintenance for the 
Army as the Secretary of Defense considers ap-
propriate. 
(B) Notwithstanding section 114(c) of title 
10, United States Code, any collection from the 
sale or transfer of defense articles from Depart-
ment of Defense stocks repaired, overhauled, or 
refurbished with amounts from the Fund that 
are not intended to be replaced which sale or 
transfer is made pursuant to section 21(a)(1)(A) 
of the Arms Export Control Act (22 U.S.C. 
2761(a)(1)(A)), the Foreign Assistance Act of 
1961 (22 U.S.C. 2151 et seq.), or another provi-
sion of law. 
(C) Notwithstanding section 37(a) of the 
Arms Export Control Act (22 U.S.C. 2777(a)), 
any cash payment from the sale or transfer of 
defense articles from Department of Defense 
stocks repaired, overhauled, or refurbished with 
amounts from the Fund that are intended to be 
replaced. 
(2) LIMITATION ON AMOUNTS CREDITABLE FROM 
SALE OR TRANSFER OF ARTICLES.—
733 
† HR 4310 EAS1S 
(A) CREDITS IN CONNECTION WITH ARTI-
CLES NOT TO BE REPLACED.—The amount cred-
ited to the Fund under paragraph (1)(B) in con-
nection with a collection from the sale or transfer 
of defense articles may not exceed the cost in-
curred by the Department of Defense in repair-
ing, overhauling, or refurbishing such defense ar-
ticles under the program authorized by sub-
section (a). 
(B) CREDITS IN CONNECTION WITH ARTI-
CLES TO BE REPLACED.—The amount credited to 
the Fund under paragraph (1)(C) in connection 
with a sale or transfer of defense articles may 
not exceed the amounts from the Fund used to 
repair, overhaul, or refurbish such defense arti-
cles. 
(3) LIMITATION ON SIZE OF FUND.—The total 
amount in the Fund at any time may not exceed 
$50,000,000. 
(4) TREATMENT
OF
AMOUNTS
CREDITED.— 
Amounts credited to the Fund under this subsection 
shall be merged with amounts in the Fund, and shall 
remain available until expended. 
(d) NONAVAILABILITY
OF AMOUNTS
IN FUND
FOR 
STORAGE, MAINTENANCE, AND RELATED COSTS.—Fol-
734 
† HR 4310 EAS1S 
lowing the repair, overhaul, or refurbishment of defense ar-
ticles under the program authorized by subsection (a), 
amounts in the Fund may not be used to pay costs of stor-
age and maintenance of such defense articles or any other 
costs associated with the preservation or preparation for 
sale or transfer of such defense articles. 
(e) SALES OR TRANSFERS OF DEFENSE ARTICLES.— 
(1) IN GENERAL.—Any sale or transfer of defense 
articles repaired, overhauled, or refurbished under the 
program authorized by subsection (a) shall be in ac-
cordance with— 
(A) the Arms Export Control Act (22 
U.S.C. 2751 et seq.); 
(B) the Foreign Assistance Act of 1961; or 
(C) another provision of law authorizing 
such sale or transfer. 
(2) SECRETARY
OF
STATE
CONCURRENCE
RE-
QUIRED FOR CERTAIN SALES OR TRANSFERS TO FOR-
EIGN COUNTRIES.—If the sale or transfer of defense 
articles occurs in accordance with a provision of law 
referred to in paragraph (1)(C) that does not other-
wise require the concurrence of the Secretary of State 
for the sale or transfer, the sale or transfer may be 
made only with the concurrence of the Secretary of 
State.
735 
† HR 4310 EAS1S 
(f) TRANSFERS OF AMOUNTS.— 
(1) TRANSFER TO OTHER DEPARTMENT OF DE-
FENSE ACCOUNTS.—Amounts in the Fund may be 
transferred to any Department of Defense account 
used to carry out the program authorized by sub-
section (a). Any amount so transferred shall be 
merged with amounts in the account to which trans-
ferred, and shall be available for the same purposes 
and the same time period as amounts in the account 
to which transferred. 
(2) TRANSFER
FROM
OTHER
DEPARTMENT
OF 
DEFENSE ACCOUNTS.—Upon a determination by the 
Secretary of Defense with respect to an amount trans-
ferred under paragraph (1) that all or part of such 
transfer is not necessary for the purposes transferred, 
such amount may be transferred back to the Fund. 
Any amount so transferred shall be merged with 
amounts in the Fund, and shall remain available 
until expended. 
(g) CERTAIN EXCESS PROCEEDS TO BE CREDITED TO 
SPECIAL DEFENSE ACQUISITION FUND.—Any collection 
from the sale or transfer of defense articles that are not in-
tended to be replaced in excess of the amount creditable to 
the Fund under subsection (c)(2)(A) shall be credited to the 
Special Defense Acquisition Fund established pursuant to
736 
† HR 4310 EAS1S 
chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 
et seq.). 
(h) REPORTS.— 
(1) ANNUAL REPORT.—Not later than 45 days 
after the end of each fiscal year through the date of 
expiration specified in subsection (j), the Secretary of 
Defense shall submit to the congressional defense com-
mittees a report on the authorities under this section 
during such fiscal year. Each report shall include, for 
the fiscal year covered by such report, the following: 
(A) The types and quantities of defense ar-
ticles repaired, overhauled, or refurbished under 
the program authorized by subsection (a). 
(B) The value of the repair, overhaul, or re-
furbishment performed under the program. 
(C) The amount of operation and mainte-
nance funds credited to the Fund under sub-
section (c)(1)(A). 
(D) The amount of any collections from the 
sale or transfer of defense articles repaired, over-
hauled, or refurbished under the program that 
was credited to the Fund under subsection 
(c)(1)(B). 
(E) The amount of any cash payments from 
the sale or transfer of defense articles repaired,
737 
† HR 4310 EAS1S 
overhauled, or refurbished under the program 
that was credited to the Fund under subsection 
(c)(1)(C). 
(2) ASSESSMENT REPORT.—Not later than Feb-
ruary 1, 2015, the Secretary of Defense shall submit 
to the congressional defense committees a report on 
the operation of the authorities in this section. The re-
port shall include an assessment of the effectiveness of 
the authorities in meeting the objectives of the pro-
gram authorized by subsection (a). 
(i) DEFENSE ARTICLE DEFINED.—In this section, the 
term ‘‘defense article’’ has the meaning given that term in 
section 47(3) of the Arms Export Control Act (22 U.S.C. 
2794(3)). 
(j) EXPIRATION OF AUTHORITY.—The authority to 
carry out the program authorized by subsection (a), and 
to use amounts in the Fund in support of the program, 
shall expire on September 30, 2015. 
(k) FUNDING
FOR
FISCAL
YEAR
2013.—Of the 
amounts authorized to be appropriated for fiscal year 2013 
by section 1504 for Overseas Contingency Operations and 
available for operation and maintenance for the Army as 
specified in funding table in section 4302, $48,400,000 shall 
be available for deposit in the Fund pursuant to subsection 
(c)(1)(A), with the amount of the deposit to be attributable
738 
† HR 4310 EAS1S 
to amounts otherwise so available for the YMQ–18A un-
manned aerial vehicle, which has been cancelled. 
SEC. 1249. PLAN FOR PROMOTING THE SECURITY OF AF-
GHAN WOMEN AND GIRLS DURING THE SECU-
RITY TRANSITION PROCESS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) According to the Department of Defense’s 
April 2012 Report on Progress Toward Security and 
Stability in Afghanistan: 
(A) ‘‘U.S. and coalition forces will continue 
to degrade the Taliban-led insurgency in order to 
provide time and space to increase the capacity 
of the Afghan National Security Forces and the 
Afghan Government so they can assume full re-
sponsibility for Afghanistan’s security by the end 
of 2014.’’ 
(B) ‘‘Transition to Afghan security lead 
began in July 2011 and transition to full Af-
ghan security responsibility will be complete 
country-wide by the end of 2014.’’ 
(C) ‘‘The security of the Afghan people and 
the stability of the government are used to judge 
provincial readiness to move to each successive 
stage of transition implementation.’’
739 
† HR 4310 EAS1S 
(D) For each area designated for transition, 
a transition implementation plan is developed 
by the Government of Afghanistan, NATO, and 
ISAF and approved by the Joint Afghan-NATO 
Inteqal Board (JANIB). JANIB is also respon-
sible for recommending areas to enter and exit 
the transition process. 
(2) According to a 2002 study on Women, Peace 
and Security submitted by the Secretary-General of 
the United Nations pursuant to Security Council res-
olution 1325 (2000), ‘‘the suspension of or restriction 
on women’s enjoyment of their human rights’’ can act 
as an early-warning indicator of impending or re-
newed conflict. In Afghanistan, restrictions on wom-
en’s mobility and rights can signal the presence of ex-
tremist or insurgent elements in a community. 
(3) The security of Afghan women and girls in 
areas undergoing security transitions will be an im-
portant gauge of the transition strategy’s success. In-
dicators by which to measure women’s security in-
clude the mobility of women and girls, the participa-
tion of women in local government bodies, the rate of 
school attendance for girls, women’s access to govern-
ment services, and the prevalence of violence against 
women.
740 
† HR 4310 EAS1S 
(4) Maintaining and improving physical secu-
rity for Afghan women and girls throughout the coun-
try is critical in order for women and girls to take 
advantage of opportunities in education, commerce, 
politics, and other areas of public life, which in turn 
is essential for the future stability and prosperity of 
Afghanistan. 
(5) Women who serve as public officials at all 
levels of the Government of Afghanistan face serious 
threats to their personal security and that of their 
families. Many female officials have been the victims 
of violent crimes, but they are generally not afforded 
official protection by the Government of Afghanistan 
or security forces. 
(6) Protecting the security and human rights of 
Afghan women and girls requires the involvement of 
Afghan men and boys through education about the 
important benefits of women’s full participation in 
social, economic, and political life. Male officials and 
security personnel can play a particularly important 
role in supporting and protecting women and girls. 
(7) The Chicago Summit Declaration issued by 
NATO in May 2012 states: ‘‘As the Afghan National 
Police further develop and professionalize, they will 
evolve towards a sustainable, credible, and account-
741 
† HR 4310 EAS1S 
able civilian law enforcement force that will shoulder 
the main responsibility for domestic security. This 
force should be capable of providing policing services 
to the Afghan population as part of the broader Af-
ghan rule of law system.’’ 
(8) Women face significant barriers to full par-
ticipation in the ANA and ANP, including a dis-
criminatory or hostile work environment and the lack 
of separate facilities designed for female personnel. 
(9) As of September 2012, female recruitment 
and retention rates for the Afghan National Security 
Forces are far below published targets, as follows: 
(A) Approximately 1,700 women serve in 
the Afghan National Security Forces, or less 
than half of one percent of the total force. 
(B) In 2010, President Hamid Karzai an-
nounced plans to recruit and train 5,000 women 
in the Afghan National Police, or approximately 
3 percent of the force, by 2014. Currently, there 
are approximately 1,370 women in the ANP, or 
0.87 percent of the police force. 
(C) Approximately 350 women currently 
serve in the Afghan National Army, representing 
only 0.17 percent of the force. The Government 
of Afghanistan has said that its goal is to
742 
† HR 4310 EAS1S 
achieve a force that is 10 percent female. As of 
May 2012, approximately 3 percent of new ANA 
recruits were women. 
(10) Male security personnel often do not re-
spond to threats or incidences of violence against 
women, particularly at the local level. They largely 
lack the training and understanding needed to re-
spond appropriately and effectively to situations in-
volving women. According to the Department of De-
fense’s April 2012 Report on Progress Toward Secu-
rity and Stability in Afghanistan: 
(A) The Afghan Ministry of Defense ‘‘lacks 
the combination of policies, procedures, and exe-
cution to promote opportunity and fair and re-
spectful treatment of women in the force’’. 
(B) The Afghan Ministry of Interior ‘‘faces 
significant challenges in fully integrating and 
protecting women in the ANP workforce, espe-
cially among operational units at the provincial 
and district levels’’. 
(C) In the Afghan National Police, ‘‘Many 
Provincial Headquarters Commanders do not ac-
cept policewomen, as they prefer male candidates 
and lack adequate facilities to support females.’’
743 
† HR 4310 EAS1S 
(D) ‘‘While women are greatly needed to 
support police operations, a combination of cul-
tural impediments, weak recruitment, and un-
even application of policies hinder significant 
progress.’’ 
(E) ‘‘Although stronger documentation, im-
plementation, and enforcement of policies, proce-
dures, and guidance to better integrate women 
will help, time will be needed to change the cul-
tural mores that form the basis of many of the 
current impediments.’’ 
(11) The United States, the North American 
Treaty Organization, and United States coalition 
partners have made firm commitments to support the 
human rights of the women and girls of Afghanistan, 
as evidenced by the following actions: 
(A) According to the United States National 
Action Plan on Women, Peace and Security, 
‘‘integrating women and gender considerations 
into peace-building processes helps promote 
democratic governance and long-term stability,’’ 
which are key United States strategic goals in 
Afghanistan. 
(B) The National Action Plan also states 
that ‘‘the engagement and protection of women
744 
† HR 4310 EAS1S 
as agents of peace and stability will be central 
to United States efforts to promote security, pre-
vent, respond to, and resolve conflict, and rebuild 
societies.’’ This policy applies to United States 
Government efforts in Afghanistan, where ad-
dressing the security vulnerabilities of Afghan 
women and girls during the period of security 
transition is an essential step toward long-term 
stability. 
(C) The Chicago Summit Declaration 
issued by NATO in May 2012 states: ‘‘We em-
phasize the importance of full participation of 
all Afghan women in the reconstruction, polit-
ical, peace and reconciliation processes in Af-
ghanistan and the need to respect the institu-
tional arrangements protecting their rights. We 
remain committed to the implementation of 
United Nations Security Council Resolution 
(UNSCR) 1325 on women, peace and security. 
We recognize also the need for the protection of 
children from the damaging effects of armed con-
flict as required in relevant UNSCRs.’’ 
(12) The Strategic Partnership Agreement signed 
between the United States and Afghanistan by Presi-
dent Obama and President Karzai in June 2012
745 
† HR 4310 EAS1S 
states, ‘‘Consistent with its Constitution and inter-
national obligations, Afghanistan shall ensure and 
advance the essential role of women in society, so that 
they may fully enjoy their economic, social, political, 
civil and cultural rights.’’ 
(b) PLAN
TO
PROMOTE
SECURITY
OF
AFGHAN 
WOMEN.— 
(1) IN GENERAL.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of 
Defense, in concurrence with the Secretary of State, 
shall submit to the appropriate congressional commit-
tees a plan to promote the security of Afghan women 
during the security transition process. 
(2) ELEMENTS.—The plan required under para-
graph (1) shall include the following elements: 
(A) A plan to monitor and respond to 
changes in women’s security conditions in areas 
undergoing transition, including the following 
actions: 
(i) Seeking to designate a Civilian Im-
pact Advisor on the Joint Afghan-NATO 
Inteqal Board (JANIB) to assess the impact 
of transition on male and female civilians 
and ensure that efforts to protect women’s
746 
† HR 4310 EAS1S 
rights and security are included in each 
area’s transition implementation plan. 
(ii) 
Reviewing 
existing 
indicators 
against which sex-disaggregated data is col-
lected and, if necessary, developing addi-
tional indicators, to ensure the availability 
of data that can be used to measure wom-
en’s security, such as— 
(I) the mobility of women and 
girls; 
(II) the participation of women 
in local government bodies; 
(III) the rate of school attendance 
for girls; 
(IV) women’s access to govern-
ment services; and 
(V) the prevalence of violence 
against women; and incorporating 
those indicators into ongoing efforts to 
assess overall security conditions dur-
ing the transition period. 
(iii) Integrating assessments of wom-
en’s security into current procedures used to 
determine an area’s readiness to proceed 
through the transition process.
747 
† HR 4310 EAS1S 
(iv) Working with Afghan partners, co-
alition partners, and relevant United States 
Government departments and agencies to 
take concrete action to support women’s 
rights and security in cases of deterioration 
in women’s security conditions during the 
transition period. 
(B) A plan to increase gender awareness 
and responsiveness among Afghan National 
Army and Afghan National Police personnel, in-
cluding the following actions: 
(i) Working with Afghan and coalition 
partners to utilize training curricula and 
programming that addresses the human 
rights of women and girls, appropriate re-
sponses to threats against women and girls, 
and appropriate behavior toward female 
colleagues and members of the community; 
assessing the quality and consistency of this 
training across regional commands; and as-
sessing the impact of this training on train-
ee behavior. 
(ii) Working with national and local 
ANA and ANP leaders to develop and uti-
lize enforcement and accountability mecha-
748 
† HR 4310 EAS1S 
nisms for ANA and ANP personnel who vio-
late codes of conduct related to the human 
rights of women and girls. 
(iii) Working with Afghan and coali-
tion partners to implement the above tools 
and develop uniform methods and standards 
for training and enforcement among coali-
tion partners and across regions. 
(C) A plan to increase the number of female 
members of the ANA and ANP, including the fol-
lowing actions: 
(i) Providing, through consultation 
with Afghan partners, realistic and achiev-
able objectives for the recruitment and re-
tention of women to the ANA and ANP by 
the end of the security transition period in 
2014. 
(ii) Working with national and local 
ANA and ANP leaders and coalition part-
ners to address physical and cultural chal-
lenges to the recruitment and retention of 
female ANA and ANP personnel, including 
through targeted recruitment campaigns, ex-
panded training and mentorship opportuni-
ties, parity in pay and promotion rates
749 
† HR 4310 EAS1S 
with male counterparts, and availability of 
facilities for female personnel. 
(iii) Working with national and local 
ANA and ANP leaders to increase under-
standing about the unique ways in which 
women members of the security forces im-
prove the force’s overall effectiveness. 
(iv) Working with national and local 
ANA and ANP leaders to develop a plan for 
maintaining and increasing the recruitment 
and retention of women in the ANA and 
ANP following the completion of the secu-
rity transition. 
(3) REPORT.—The Secretary of Defense shall in-
clude in each report on progress toward security and 
stability in Afghanistan that is submitted to Congress 
under sections 1230 and 1231 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 385, 390) a section describing ac-
tions taken to implement the plan required under this 
subsection. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means—
750 
† HR 4310 EAS1S 
(1) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
SEC. 1250. SENSE OF CONGRESS ON THE ISRAELI IRON 
DOME DEFENSIVE WEAPON SYSTEM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The citizens of Israel have suffered under a 
continual barrage of missiles, rockets, and mortar 
shells from the Hamas-controlled Gaza Strip. 
(2) Hamas has been designated by the Secretary 
of State as a Foreign Terrorist Organization. 
(3) Hamas and other terrorist groups in Gaza 
have routinely used human shields and launched rock-
ets from civilian areas. 
(4) Israel has gone to extraordinary lengths to 
avoid Palestinian civilian casualties, including 
aborting attacks on military targets because of the 
presence of civilians, alerting civilians to leave areas 
of potential conflict, and allowing the importation of 
medical and other supplies into Gaza. 
(5) Israel faces additional rocket and missile 
threats from Lebanon and Syria.
751 
† HR 4310 EAS1S 
(6) The Government of Iran has supplied Hamas 
with advanced longer range missiles such as the 
Fajar-5. 
(7) Hamas has deployed these weapons to be 
fired from within their own civilian population. 
(8) The Government of Israel, taking seriously 
the threat of short range rockets and mortars, de-
signed, developed, and produced the Iron Dome sys-
tem to address those threats. 
(9) The Iron Dome system has successfully inter-
cepted hundreds of rockets targeting population cen-
ters in Israel. 
(10) The Iron Dome system has maintained a 
success rate of close to 90 percent. 
(11) The Government of Israel currently main-
tains 5 Iron Dome batteries, a number insufficient to 
protect all of Israel. 
(12) It appears that approximately 10 addi-
tional Iron Dome batteries are needed to protect all 
of Israel. 
(13) The United States Government, recognizing 
the threat to Israeli citizens and desirous of pro-
moting peace, approved funding to assist the Govern-
ment of Israel in procuring Iron Dome batteries.
752 
† HR 4310 EAS1S 
(14) Israel maintains a significant inventory of 
Iron Dome interceptors which has been reduced due to 
attacks from Gaza. 
(15) Israel used a significant number of preci-
sion-guided munitions in order to destroy military 
targets while minimizing civilian casualties in its re-
cent defensive effort in Gaza. 
(16) President Barack Obama has expressed his 
intention to seek additional funding for Iron Dome 
and other United States-Israel missile defense sys-
tems. 
(b) SENSE OF CONGRESS.—Congress— 
(1) reaffirms its commitment to the security of 
our ally and strategic partner, Israel; 
(2) fully supports Israel’s right to defend itself 
against acts of terrorism; 
(3) sympathizes with the families of Israelis who 
have come under the indiscriminate rocket fire from 
Hamas-controlled Gaza; 
(4) recognizes the exceptional success of the Iron 
Dome Missile Defense system in defending the popu-
lation of Israel; 
(5) desires to help ensure that Israel has the 
means to defend itself against terrorist attacks, in-
753 
† HR 4310 EAS1S 
cluding through the acquisition of additional Iron 
Dome batteries and interceptors; and 
(6) urges the Departments of Defense and State 
to explore with their Israeli counterparts and alert 
Congress of any needs the Israeli Defense Force may 
have for additional Iron Dome batteries, interceptors, 
or other equipment depleted during the current con-
flict. 
SEC. 1251. SENSE OF THE SENATE ON THE SITUATION IN 
THE SENKAKU ISLANDS. 
It is the sense of the Senate that— 
(1) the East China Sea is a vital part of the 
maritime commons of Asia, including critical sea 
lanes of communication and commerce that benefit all 
nations of the Asia-Pacific region; 
(2) the peaceful settlement of territorial and ju-
risdictional disputes in the East China Sea requires 
the exercise of self-restraint by all parties in the con-
duct of activities that would complicate or escalate 
disputes and destabilize the region, and differences 
should be handled in a constructive manner consistent 
with universally recognized principles of customary 
international law; 
(3) while the United States takes no position on 
the ultimate sovereignty of the Senkaku islands, the
754 
† HR 4310 EAS1S 
United States acknowledges the administration of 
Japan over the Senkaku Islands; 
(4) The unilateral action of a third party will 
not affect the United States’ acknowledgment of the 
administration of Japan over the Senkaku Islands; 
(5) the United States has national interests in 
freedom of navigation, the maintenance of peace and 
stability, 
respect 
for 
international 
law, 
and 
unimpeded lawful commerce; 
(6) the United States supports a collaborative 
diplomatic process by claimants to resolve territorial 
disputes without coercion, and opposes efforts at coer-
cion, the threat of use of force, or use of force by any 
claimant in seeking to resolve sovereignty and terri-
torial issues in the East China Sea; and 
(7) the United States reaffirms its commitment 
to the Government of Japan under Article V of the 
Treaty of Mutual Cooperation and Security that 
‘‘[e]ach Party recognizes that an armed attack 
against either Party in the territories under the ad-
ministration of Japan would be dangerous to its own 
peace and safety and declares that it would act to 
meet the common danger in accordance with its con-
stitutional provisions and processes’’.
755 
† HR 4310 EAS1S 
SEC. 1252. BILATERAL DEFENSE TRADE RELATIONSHIP 
WITH INDIA. 
(a) REPORT.— 
(1) IN GENERAL.—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 articulates the vision of the De-
partment of Defense for defense trade relations be-
tween the United States and India within the context 
of the overall bilateral defense relationship. 
(2) CONTENT.—The report required under para-
graph (1) shall include the following elements: 
(A) A description of the Department’s ap-
proach for normalizing defense trade. 
(B) An assessment of the defense capabili-
ties that could enhance cooperation and coordi-
nation between the Governments of the United 
States and India on matters of shared security 
interests. 
(b) COMPREHENSIVE POLICY REVIEW.— 
(1) IN GENERAL.—The Secretary of Defense shall 
lead a comprehensive policy review to examine the 
feasibility of engaging in co-production and co-devel-
opment defense projects with India. 
(2) SCOPE.—The policy review should—
756 
† HR 4310 EAS1S 
(A) examine the parameters and require-
ments for United States-India cooperation as 
well as the terms and conditions India must ful-
fill to broach such cooperation; and 
(B) consider potential areas of cooperation, 
including the possibility of co-producing a train-
ing aircraft and co-developing counter-IED tech-
nology or individual soldier capabilities. 
(c) SENSE OF CONGRESS ON INTERNATIONAL INITIA-
TIVES.—It is the sense of Congress that the Department of 
Defense, in coordination with the Department State, 
should— 
(1) conduct a review of all United States–India 
bilateral working groups dealing with high technology 
transfers, including technology security and licensing 
for dual-use and munitions licenses, and determine 
the feasibility of establishing a single United States 
Government working group dedicated to strategic 
technology trade; 
(2) engage counterparts in the Government of 
India in an intensified dialogue on the current chal-
lenges related to the compatibility of the Foreign 
Military Sales and direct commercial sales programs 
with the Indian Defense Procurement Procedure 
(DPP), and steps to improve compatibility;
757 
† HR 4310 EAS1S 
(3) engage counterparts in the Government of 
India in a dialogue about the elements of an effective 
defense industrial base, including personnel training, 
quality assurance, and manufacturing procedures; 
(4) consider the establishment of orientation pro-
grams for new defense officials in the Government of 
India about the procedures for United States defense 
sales, including licensing processes; and 
(5) continue and deepen ongoing efforts to assist 
the Government of India in developing its defense ac-
quisition expertise by assisting with the development 
of training institutions and human capital. 
Subtitle E—Iran Sanctions 
SEC. 1261. SHORT TITLE. 
This subtitle may be cited as the ‘‘Iran Freedom and 
Counter-Proliferation Act of 2012’’. 
SEC. 1262. DEFINITIONS. 
(a) IN GENERAL.—In this subtitle: 
(1) AGRICULTURAL COMMODITY.—The term ‘‘ag-
ricultural commodity’’ has the meaning given that 
term in section 102 of the Agricultural Trade Act of 
1978 (7 U.S.C. 5602). 
(2) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ has the meaning given that term in section 14
758 
† HR 4310 EAS1S 
of the Iran Sanctions Act of 1996 (Public Law 104– 
172; 50 U.S.C. 1701 note). 
(3) COAL.—The term ‘‘coal’’ means metallurgical 
coal, coking coal, or fuel coke. 
(4) 
CORRESPONDENT
ACCOUNT; 
PAYABLE- 
THROUGH ACCOUNT.—The terms ‘‘correspondent ac-
count’’ and ‘‘payable-through account’’ have the 
meanings given those terms in section 5318A of title 
31, United States Code. 
(5) FOREIGN FINANCIAL INSTITUTION.—The term 
‘‘foreign financial institution’’ has the meaning of 
that term as determined by the Secretary of the 
Treasury pursuant to section 104(i) of the Com-
prehensive Iran Sanctions, Accountability, and Di-
vestment Act of 2010 (22 U.S.C. 8513(i)). 
(6) IRANIAN FINANCIAL INSTITUTION.—The term 
‘‘Iranian financial institution’’ has the meaning 
given that term in section 104A(d) of the Comprehen-
sive Iran Sanctions, Accountability, and Divestment 
Act of 2010 (22 U.S.C. 8513b(d)). 
(7) IRANIAN PERSON.—The term ‘‘Iranian per-
son’’ means— 
(A) an individual who is a citizen or na-
tional of Iran; and
759 
† HR 4310 EAS1S 
(B) an entity organized under the laws of 
Iran or otherwise subject to the jurisdiction of 
the Government of Iran. 
(8) KNOWINGLY.—The term ‘‘knowingly’’, with 
respect to conduct, a circumstance, or a result, means 
that a person has actual knowledge, or should have 
known, of the conduct, the circumstance, or the result. 
(9) MEDICAL DEVICE.—The term ‘‘medical de-
vice’’ has the meaning given the term ‘‘device’’ in sec-
tion 201 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 321). 
(10) MEDICINE.—The term ‘‘medicine’’ has the 
meaning given the term ‘‘drug’’ in section 201 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321). 
(11) SHIPPING.—The term ‘‘shipping’’ refers to 
the transportation of goods by a vessel and related ac-
tivities. 
(12) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ has the meaning given that 
term in section 101 of the Comprehensive Iran Sanc-
tions, Accountability, and Divestment Act of 2010 (22 
U.S.C. 8511).
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† HR 4310 EAS1S 
(13) VESSEL.—The term ‘‘vessel’’ has the mean-
ing given that term in section 3 of title 1, United 
States Code. 
(b) DETERMINATIONS
OF SIGNIFICANCE.—For pur-
poses of this subtitle, in determining if financial trans-
actions or financial services are significant, the President 
may consider the totality of the facts and circumstances, 
including factors similar to the factors set forth in section 
561.404 of title 31, Code of Federal Regulations (or any 
corresponding similar regulation or ruling). 
SEC. 1263. DECLARATION OF POLICY ON HUMAN RIGHTS. 
(a) FINDING.—Congress finds that the interests of the 
United States and international peace are threatened by 
the ongoing and destabilizing actions of the Government of 
Iran, including its massive, systematic, and extraordinary 
violations of the human rights of its own citizens. 
(b) DECLARATION OF POLICY.—It shall be the policy 
of the United States— 
(1) to deny the Government of Iran the ability 
to continue to oppress the people of Iran and to use 
violence 
and 
executions 
against 
pro-democracy 
protestors and regime opponents; 
(2) to fully and publicly support efforts made by 
the people of Iran to promote the establishment of 
basic freedoms that build the foundation for the emer-
761 
† HR 4310 EAS1S 
gence of a freely elected, open, and democratic polit-
ical system; 
(3) to help the people of Iran produce, access, 
and share information freely and safely via the Inter-
net and through other media; and 
(4) to defeat all attempts by the Government of 
Iran to jam or otherwise obstruct international sat-
ellite broadcast signals. 
SEC. 1264. IMPOSITION OF SANCTIONS WITH RESPECT TO 
THE ENERGY, SHIPPING, AND SHIPBUILDING 
SECTORS OF IRAN. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Iran’s energy, shipping, and shipbuilding 
sectors and Iran’s ports are facilitating the Govern-
ment of Iran’s nuclear proliferation activities by pro-
viding revenue to support proliferation activities. 
(2) The United Nations Security Council and the 
United States Government have expressed concern 
about the proliferation risks presented by the Iranian 
nuclear program. 
(3) The Director General of the International 
Atomic Energy Agency (in this section referred to as 
the ‘‘IAEA’’) has in successive reports (GOV/2012/37 
and GOV/2011/65) identified possible military dimen-
sions of Iran’s nuclear program.
762 
† HR 4310 EAS1S 
(4) The Government of Iran continues to defy the 
requirements and obligations contained in relevant 
IAEA Board of Governors and United Nations Secu-
rity Council resolutions, including by continuing and 
expanding uranium enrichment activities in Iran, as 
reported in IAEA Report GOV/2012/37. 
(5) United Nations Security Council Resolution 
1929 (2010) recognizes the ‘‘potential connection be-
tween Iran’s revenues derived from its energy sector 
and the funding of Iran’s proliferation sensitive nu-
clear activities’’. 
(6) The National Iranian Tanker Company is 
the main carrier for the Iranian Revolutionary 
Guard Corps-designated National Iranian Oil Com-
pany and a key element in the petroleum supply 
chain responsible for generating energy revenues that 
support the illicit nuclear proliferation activities of 
the Government of Iran. 
(b) DESIGNATION OF PORTS AND ENTITIES IN THE 
ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF IRAN 
AS ENTITIES OF PROLIFERATION CONCERN.—Entities that 
operate ports in Iran and entities in the energy, shipping, 
and shipbuilding sectors of Iran, including the National 
Iranian Oil Company, the National Iranian Tanker Com-
pany, the Islamic Republic of Iran Shipping Lines, and
763 
† HR 4310 EAS1S 
their affiliates, play an important role in Iran’s nuclear 
proliferation efforts and all such entities are hereby des-
ignated as entities of proliferation concern. 
(c) BLOCKING OF PROPERTY OF ENTITIES IN ENERGY, 
SHIPPING, AND SHIPBUILDING SECTORS.— 
(1) BLOCKING OF PROPERTY.— 
(A) IN GENERAL.—On and after the date 
that is 90 days after the date of the enactment 
of this Act, the President shall block and prohibit 
all transactions in all property and interests in 
property of any person described in paragraph 
(2) if such property and interests in property 
are in the United States, come within the United 
States, or are or come within the possession or 
control of a United States person. 
(B) EXCEPTION.—The authority to block 
and prohibit all transactions in all property and 
interests in property under subparagraph (A) 
does not include the authority to impose sanc-
tions on the importation of property. 
(2) PERSONS DESCRIBED.—A person is described 
in this paragraph if the President determines that the 
person, on or after the date that is 90 days after the 
date of the enactment of this Act—
764 
† HR 4310 EAS1S 
(A) is part of the energy, shipping, or ship-
building sectors of Iran; 
(B) operates a port in Iran; or 
(C) knowingly provides significant finan-
cial, material, technological, or other support to, 
or goods or services in support of any activity or 
transaction on behalf of or for the benefit of— 
(i) a person determined under sub-
paragraph (A) to be a part of the energy, 
shipping, or shipbuilding sectors of Iran; 
(ii) a person determined under sub-
paragraph (B) to operate a port in Iran; or 
(iii) an Iranian person included on the 
list of specially designated nationals and 
blocked persons maintained by the Office of 
Foreign Assets Control of the Department of 
the Treasury (other than an Iranian finan-
cial institution described in paragraph (3)). 
(3) 
IRANIAN
FINANCIAL
INSTITUTIONS
DE-
SCRIBED.—An Iranian financial institution described 
in this paragraph is an Iranian financial institution 
that has not been designated for the imposition of 
sanctions in connection with—
765 
† HR 4310 EAS1S 
(A) Iran’s proliferation of weapons of mass 
destruction or delivery systems for weapons of 
mass destruction; 
(B) Iran’s support for international ter-
rorism; or 
(C) Iran’s abuses of human rights. 
(d) ADDITIONAL SANCTIONS WITH RESPECT TO THE 
ENERGY, SHIPPING, AND
SHIPBUILDING
SECTORS
OF 
IRAN.— 
(1) SALE, SUPPLY, OR TRANSFER OF CERTAIN 
GOODS AND SERVICES.—Except as provided in this 
section, the President shall impose 5 or more of the 
sanctions described in section 6(a) of the Iran Sanc-
tions Act of 1996 (Public Law 104–172; 50 U.S.C. 
1701 note) (other than sanctions relating to the im-
portation of property under paragraph (8)(A) or (12) 
of such section) with respect to a person if the Presi-
dent determines that the person knowingly, on or 
after the date that is 90 days after the date of the en-
actment of this Act, sells, supplies, or transfers to or 
from Iran significant goods or services described in 
paragraph (3). 
(2) FACILITATION OF CERTAIN TRANSACTIONS.— 
Except as provided in this section, the President shall 
prohibit the opening, and prohibit or impose strict
766 
† HR 4310 EAS1S 
conditions on the maintaining, in the United States 
of a correspondent account or a payable-through ac-
count by a foreign financial institution that the 
President determines knowingly, on or after the date 
that is 90 days after the date of the enactment of this 
Act, conducts or facilitates a significant financial 
transaction for the sale, supply, or transfer to or from 
Iran of goods or services described in paragraph (3). 
(3) GOODS AND SERVICES DESCRIBED.—Goods 
or services described in this paragraph are goods or 
services used in connection with the energy, shipping, 
or shipbuilding sectors of Iran, including the Na-
tional Iranian Oil Company, the National Iranian 
Tanker Company, and the Islamic Republic of Iran 
Shipping Lines. 
(4) APPLICATION
OF
CERTAIN
PROVISIONS
OF 
IRAN SANCTIONS ACT OF 1996.—The following provi-
sions of the Iran Sanctions Act of 1996 (Public Law 
104–172; 50 U.S.C. 1701 note) shall apply with re-
spect to the imposition of sanctions under paragraph 
(1) to the same extent that such provisions apply with 
respect to the imposition of sanctions under section 
5(a) of that Act:
767 
† HR 4310 EAS1S 
(A) Subsections (c), (d), and (f) of section 
5 (except for paragraphs (3) and (4)(C) of such 
subsection (f)). 
(B) Sections 8, 11, and 12. 
(e) HUMANITARIAN EXCEPTION.—The President may 
not impose sanctions under this section with respect to any 
person for conducting or facilitating a transaction for the 
sale of agricultural commodities, food, medicine, or medical 
devices to Iran or for the provision of humanitarian assist-
ance to the people of Iran. 
(f) APPLICABILITY OF SANCTIONS TO PETROLEUM AND 
PETROLEUM PRODUCTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), this section shall apply with respect to the 
purchase of petroleum or petroleum products from 
Iran only if, at the time of the purchase, a determina-
tion of the President under section 1245(d)(4)(B) of 
the National Defense Authorization Act for Fiscal 
Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that the price 
and supply of petroleum and petroleum products pro-
duced in countries other than Iran is sufficient to 
permit purchasers of petroleum and petroleum prod-
ucts from Iran to reduce significantly their purchases 
from Iran is in effect. 
(2) EXCEPTION FOR CERTAIN COUNTRIES.—
768 
† HR 4310 EAS1S 
(A) EXPORTATION.—This section shall not 
apply with respect to the exportation of petro-
leum or petroleum products from Iran to a coun-
try to which the exception under section 
1245(d)(4)(D)(i) of the National Defense Author-
ization Act for Fiscal Year 2012 (22 U.S.C. 
8513a(d)(4)(D)(i)) applies at the time of the ex-
portation of the petroleum or petroleum prod-
ucts. 
(B) FINANCIAL TRANSACTIONS.— 
(i) IN
GENERAL.—This section shall 
not apply with respect to a financial trans-
action described in clause (ii) conducted or 
facilitated by a foreign financial institution 
if, at the time of the transaction, the excep-
tion under section 1245(d)(4)(D)(i) of the 
National Defense Authorization Act for Fis-
cal 
Year 
2012 
(22 
U.S.C. 
8513a(d)(4)(D)(i)) applies to the country 
with primary jurisdiction over the foreign 
financial institution. 
(ii) FINANCIAL
TRANSACTIONS
DE-
SCRIBED.—A financial transaction con-
ducted or facilitated by a foreign financial 
institution is described in this clause if—
769 
† HR 4310 EAS1S 
(I) the financial transaction is for 
the purchase of purchase of petroleum 
or petroleum products from Iran; 
(II) the financial transaction is 
only for trade in goods or services— 
(aa) not otherwise subject to 
sanctions under the law of the 
United States; and 
(bb) between the country with 
primary jurisdiction over the for-
eign financial institution and 
Iran; and 
(III) any funds owed to Iran as a 
result of such trade are credited to an 
account located in the country with 
primary jurisdiction over the foreign 
financial institution. 
(g) APPLICABILITY
OF
SANCTIONS
TO
NATURAL 
GAS.— 
(1) SALE, SUPPLY, OR
TRANSFER.—Except as 
provided in paragraph (2), this section shall not 
apply to the sale, supply, or transfer to or from Iran 
of natural gas. 
(2) FINANCIAL
TRANSACTIONS.—This section 
shall apply to a foreign financial institution that
770 
† HR 4310 EAS1S 
conducts or facilitates a financial transaction for the 
sale, supply, or transfer to or from Iran of natural 
gas unless— 
(A) the financial transaction is only for 
trade in goods or services— 
(i) not otherwise subject to sanctions 
under the law of the United States; and 
(ii) between the country with primary 
jurisdiction over the foreign financial insti-
tution and Iran; and 
(B) any funds owed to Iran as a result of 
such trade are credited to an account located in 
the country with primary jurisdiction over the 
foreign financial institution. 
(h) WAIVER.— 
(1) IN GENERAL.—The President may waive the 
imposition of sanctions under this section for a period 
of not more than 120 days, and may renew that 
waiver for additional periods of not more than 120 
days, if the President— 
(A) determines that such a waiver is vital 
to the national security of the United States; and 
(B) submits to the appropriate congres-
sional committees a report providing a justifica-
tion for the waiver.
771 
† HR 4310 EAS1S 
(2) FORM OF REPORT.—Each report submitted 
under paragraph (1)(B) shall be submitted in unclas-
sified form, but may include a classified annex. 
SEC. 1265. IMPOSITION OF SANCTIONS WITH RESPECT TO 
THE SALE, SUPPLY, OR TRANSFER OF CER-
TAIN MATERIALS TO OR FROM IRAN. 
(a) SALE, SUPPLY, OR TRANSFER OF CERTAIN MATE-
RIALS.—The President shall impose 5 or more of the sanc-
tions described in section 6(a) of the Iran Sanctions Act 
of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) (other 
than sanctions relating to the importation of property 
under paragraph (8)(A) or (12) of such section) with respect 
to a person if the President determines that the person 
knowingly, on or after the date that is 90 days after the 
date of the enactment of this Act, sells, supplies, or transfers, 
directly or indirectly, to or from Iran— 
(1) a precious metal; 
(2) a material described in subsection (c) deter-
mined pursuant to subsection (d)(1) to be used by 
Iran as described in that subsection; 
(3) any other material described in subsection 
(c) if— 
(A) the material is— 
(i) to be used in connection with the 
energy, shipping, or shipbuilding sectors of
772 
† HR 4310 EAS1S 
Iran or any sector of the economy of Iran 
controlled directly or indirectly by Iran’s 
Revolutionary Guard Corps; 
(ii) sold, supplied, or transferred to or 
from an Iranian person included on the list 
of 
specially 
designated 
nationals 
and 
blocked persons maintained by the Office of 
Foreign Assets Control of the Department of 
the Treasury; or 
(iii) relevant to the nuclear, military, 
or ballistic missile programs of Iran; or 
(B) the material is resold, retransferred, or 
otherwise supplied— 
(i) to an end-user in a sector described 
in clause (i) of subparagraph (A); 
(ii) to a person described in clause (ii) 
of that subparagraph; or 
(iii) for a program described in clause 
(iii) of that subparagraph. 
(b) FACILITATION OF CERTAIN TRANSACTIONS.—The 
President shall prohibit the opening, and prohibit or impose 
strict conditions on the maintaining, in the United States 
of a correspondent account or a payable-through account 
by a foreign financial institution that the President deter-
mines knowingly, on or after the date that is 90 days after
773 
† HR 4310 EAS1S 
the date of the enactment of this Act, conducts or facilitates 
a significant financial transaction for the sale, supply, or 
transfer to or from Iran of materials the sale, supply, or 
transfer of which would subject a person to sanctions under 
subsection (a). 
(c) MATERIALS DESCRIBED.—Materials described in 
this subsection are graphite, raw or semi-finished metals 
such as aluminum and steel, coal, and software for inte-
grating industrial processes. 
(d) DETERMINATION WITH RESPECT TO USE OF MA-
TERIALS.—Not later than 90 days after the date of the en-
actment of this Act, and every 90 days thereafter, the Presi-
dent shall submit to the appropriate congressional commit-
tees and publish in the Federal Register a report that con-
tains the determination of the President with respect to— 
(1) whether Iran is— 
(A) using any of the materials described in 
subsection (c) as a medium for barter, swap, or 
any other exchange or transaction; or 
(B) listing any of such materials as assets 
of the Government of Iran for purposes of the na-
tional balance sheet of Iran; 
(2) which sectors of the economy of Iran are con-
trolled directly or indirectly by Iran’s Revolutionary 
Guard Corps; and
774 
† HR 4310 EAS1S 
(3) which of the materials described in subsection 
(c) are relevant to the nuclear, military, or ballistic 
missile programs of Iran. 
(e) EXCEPTION FOR PERSONS EXERCISING DUE DILI-
GENCE.—The President may not impose sanctions under 
subsection (a) or (b) with respect to a person if the Presi-
dent determines that the person has exercised due diligence 
in establishing and enforcing official policies, procedures, 
and controls to ensure that the person does not sell, supply, 
or transfer to or from Iran materials the sale, supply, or 
transfer of which would subject a person to sanctions under 
subsection (a) or conduct or facilitate a financial trans-
action for such a sale, supply, or transfer. 
(f) WAIVER.— 
(1) IN GENERAL.—The President may waive the 
imposition of sanctions under this section for a period 
of not more than 120 days, and may renew that 
waiver for additional periods of not more than 120 
days, if the President— 
(A) determines that such a waiver is vital 
to the national security of the United States; and 
(B) submits to the appropriate congres-
sional committees a report providing a justifica-
tion for the waiver.
775 
† HR 4310 EAS1S 
(2) FORM OF REPORT.—Each report submitted 
under paragraph (1)(B) shall be submitted in unclas-
sified form, but may include a classified annex. 
(g) NATIONAL BALANCE SHEET OF IRAN DEFINED.— 
For purposes of this section, the term ‘‘national balance 
sheet of Iran’’ refers to the ratio of the assets of the Govern-
ment of Iran to the liabilities of that Government. 
SEC. 1266. IMPOSITION OF SANCTIONS WITH RESPECT TO 
THE PROVISION OF UNDERWRITING SERV-
ICES OR INSURANCE OR REINSURANCE FOR 
ACTIVITIES OR PERSONS WITH RESPECT TO 
WHICH SANCTIONS HAVE BEEN IMPOSED. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the President shall impose 5 or more of the sanctions 
described in section 6(a) of the Iran Sanctions Act of 1996 
(Public Law 104–172; 50 U.S.C. 1701 note) (other than 
sanctions relating to the importation of property under 
paragraph (8)(A) or (12) of such section) with respect to 
a person if the President determines that the person know-
ingly, on or after the date that is 90 days after the date 
of the enactment of this Act, provides underwriting services 
or insurance or reinsurance— 
(1) for any activity with respect to Iran for 
which sanctions have been imposed under this sub-
title, the International Emergency Economic Powers
776 
† HR 4310 EAS1S 
Act (50 U.S.C. 1701 et seq.), the Iran Sanctions Act 
of 1996, the Comprehensive Iran Sanctions, Account-
ability, and Divestment Act of 2010 (22 U.S.C. 8501 
et seq.), the Iran Threat Reduction and Syria Human 
Rights Act of 2012 (22 U.S.C. 8701 et seq.), the Iran, 
North Korea, and Syria Nonproliferation Act (Public 
Law 106–178; 50 U.S.C. 1701 note), or any other 
provision of law relating to the imposition of sanc-
tions with respect to Iran; 
(2) to or for any person— 
(A) with respect to, or for the benefit of any 
activity in the energy, shipping, or shipbuilding 
sectors of Iran for which sanctions are imposed 
under this subtitle; 
(B) for the sale, supply, or transfer to or 
from Iran of materials described in section 
1255(c); or 
(C) designated for the imposition of sanc-
tions pursuant to the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) in 
connection with— 
(i) Iran’s proliferation of weapons of 
mass destruction or delivery systems for 
weapons of mass destruction; or
777 
† HR 4310 EAS1S 
(ii) Iran’s support for international 
terrorism; or 
(3) to or for any Iranian person included on the 
list of specially designated nationals and blocked per-
sons maintained by the Office of Foreign Assets Con-
trol of the Department of the Treasury (other than an 
Iranian financial institution described in subsection 
(b)). 
(b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.— 
An Iranian financial institution described in this sub-
section is an Iranian financial institution that has not been 
designated for the imposition of sanctions in connection 
with— 
(1) Iran’s proliferation of weapons of mass de-
struction or delivery systems for weapons of mass de-
struction; 
(2) Iran’s support for international terrorism; or 
(3) Iran’s abuses of human rights. 
(c) HUMANITARIAN EXCEPTION.—The President may 
not impose sanctions under subsection (a) for the provision 
of underwriting services or insurance or reinsurance for a 
transaction for the sale of agricultural commodities, food, 
medicine, or medical devices to Iran or for the provision 
of humanitarian assistance to the people of Iran.
778 
† HR 4310 EAS1S 
(d) EXCEPTION FOR UNDERWRITERS AND INSURANCE 
PROVIDERS EXERCISING DUE DILIGENCE.—The President 
may not impose sanctions under paragraph (1) or (3) or 
subparagraph (A) or (B) of paragraph (2) of subsection (a) 
with respect to a person that provides underwriting services 
or insurance or reinsurance if the President determines that 
the person has exercised due diligence in establishing and 
enforcing official policies, procedures, and controls to ensure 
that the person does not underwrite or enter into a contract 
to provide insurance or reinsurance for an activity de-
scribed in paragraph (1) of that subsection or to or for any 
person described in paragraph (3) or subparagraph (A) or 
(B) of paragraph (2) of that subsection. 
(e) WAIVER.— 
(1) IN GENERAL.—The President may waive the 
imposition of sanctions under subsection (a) for a pe-
riod of not more than 120 days, and may renew that 
waiver for additional periods of not more than 120 
days, if the President— 
(A) determines that such a waiver is vital 
to the national security of the United States; and 
(B) submits to the appropriate congres-
sional committees a report providing a justifica-
tion for the waiver.
779 
† HR 4310 EAS1S 
(2) FORM OF REPORT.—Each report submitted 
under paragraph (1)(B) shall be submitted in unclas-
sified form, but may include a classified annex. 
(f) APPLICATION OF CERTAIN PROVISIONS OF IRAN 
SANCTIONS ACT OF 1996.—The following provisions of the 
Iran Sanctions Act of 1996 (Public Law 104–172; 50 
U.S.C. 1701 note) shall apply with respect to the imposition 
of sanctions under subsection (a) to the same extent that 
such provisions apply with respect to the imposition of 
sanctions under section 5(a) of that Act: 
(1) Subsections (c), (d), and (f) of section 5 (ex-
cept for paragraphs (3) and (4)(C) of such subsection 
(f)). 
(2) Sections 8, 11, and 12. 
SEC. 1267. IMPOSITION OF SANCTIONS WITH RESPECT TO 
FOREIGN FINANCIAL INSTITUTIONS THAT FA-
CILITATE FINANCIAL TRANSACTIONS ON BE-
HALF OF SPECIALLY DESIGNATED NATION-
ALS. 
(a) IN GENERAL.—Except as provided in this section, 
the President shall prohibit the opening, and prohibit or 
impose strict conditions on the maintaining, in the United 
States of a correspondent account or a payable-through ac-
count by a foreign financial institution that the President 
determines has, on or after the date that is 90 days after
780 
† HR 4310 EAS1S 
the date of the enactment of this Act, knowingly facilitated 
a significant financial transaction on behalf of any Iranian 
person included on the list of specially designated nationals 
and blocked persons maintained by the Office of Foreign 
Assets Control of the Department of the Treasury (other 
than an Iranian financial institution described in sub-
section (b)). 
(b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.— 
An Iranian financial institution described in this sub-
section is an Iranian financial institution that has not been 
designated for the imposition of sanctions in connection 
with— 
(1) Iran’s proliferation of weapons of mass de-
struction or delivery systems for weapons of mass de-
struction; 
(2) Iran’s support for international terrorism; or 
(3) Iran’s abuses of human rights. 
(c) HUMANITARIAN EXCEPTION.—The President may 
not impose sanctions under subsection (a) with respect to 
any person for conducting or facilitating a transaction for 
the sale of agricultural commodities, food, medicine, or med-
ical devices to Iran or for the provision of humanitarian 
assistance to the people of Iran. 
(d) APPLICABILITY
OF SANCTIONS
TO PETROLEUM 
AND PETROLEUM PRODUCTS.—
781 
† HR 4310 EAS1S 
(1) IN GENERAL.—Except as provided in para-
graph (2), subsection (a) shall apply with respect to 
a financial transaction for the purchase of petroleum 
or petroleum products from Iran only if, at the time 
of the transaction, a determination of the President 
under section 1245(d)(4)(B) of the National Defense 
Authorization Act for Fiscal Year 2012 (22 U.S.C. 
8513a(d)(4)(B)) that the price and supply of petro-
leum and petroleum products produced in countries 
other than Iran is sufficient to permit purchasers of 
petroleum and petroleum products from Iran to re-
duce significantly their purchases from Iran is in ef-
fect. 
(2) EXCEPTION FOR CERTAIN COUNTRIES.— 
(A) IN GENERAL.—Subsection (a) shall not 
apply with respect to a financial transaction de-
scribed in subparagraph (B) conducted or facili-
tated by a foreign financial institution for if, at 
the time of the transaction, the exception under 
section 1245(d)(4)(D)(i) of the National Defense 
Authorization Act for Fiscal Year 2012 (22 
U.S.C. 8513a(d)(4)(D)(i)) applies to the country 
with primary jurisdiction over the foreign finan-
cial institution.
782 
† HR 4310 EAS1S 
(B) 
FINANCIAL
TRANSACTIONS
DE-
SCRIBED.—A financial transaction conducted or 
facilitated by a foreign financial institution is 
described in this subparagraph if— 
(i) the financial transaction is for the 
purchase of purchase of petroleum or petro-
leum products from Iran; 
(ii) the financial transaction is only 
for trade in goods or services— 
(I) not otherwise subject to sanc-
tions under the law of the United 
States; and 
(II) between the country with pri-
mary jurisdiction over the foreign fi-
nancial institution and Iran; and 
(iii) any funds owed to Iran as a re-
sult of such trade are credited to an account 
located in the country with primary juris-
diction over the foreign financial institu-
tion. 
(e) APPLICABILITY OF SANCTIONS TO NATURAL GAS.— 
Subsection (a) shall apply to a foreign financial institution 
that conducts or facilitates a financial transaction for the 
sale, supply, or transfer to or from Iran of natural gas un-
less—
783 
† HR 4310 EAS1S 
(1) the financial transaction is only for trade in 
goods or services— 
(A) not otherwise subject to sanctions under 
the law of the United States; and 
(B) between the country with primary ju-
risdiction over the foreign financial institution 
and Iran; and 
(2) any funds owed to Iran as a result of such 
trade are credited to an account located in the coun-
try with primary jurisdiction over the foreign finan-
cial institution. 
(f) WAIVER.— 
(1) IN GENERAL.—The President may waive the 
imposition of sanctions under subsection (a) for a pe-
riod of not more than 120 days, and may renew that 
waiver for additional periods of not more than 120 
days, if the President— 
(A) determines that such a waiver is vital 
to the national security of the United States; and 
(B) submits to the appropriate congres-
sional committees a report providing a justifica-
tion for the waiver. 
(2) FORM OF REPORT.—Each report submitted 
under paragraph (1)(B) shall be submitted in unclas-
sified form, but may include a classified annex.
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SEC. 1268. INCLUSION OF THE ISLAMIC REPUBLIC OF IRAN 
BROADCASTING ON THE LIST OF HUMAN 
RIGHTS ABUSERS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Islamic Republic of Iran Broadcasting 
has contributed to the infringement of individuals’ 
human rights by broadcasting forced televised confes-
sion and show trials. 
(2) In March 2012, the European Council im-
posed sanctions on the President of the Islamic Re-
public of Iran Broadcasting, Ezzatollah Zargami, for 
broadcasting forced confessions of detainees and a se-
ries of ‘‘show trials’’ in August 2009 and December 
2011 that constituted a clear violation of inter-
national law with respect to the right to a fair trial 
and due process. 
(b) INCLUSION OF THE ISLAMIC REPUBLIC OF IRAN 
BROADCASTING ON THE LIST OF HUMAN RIGHTS ABUS-
ERS.—The President shall include the Islamic Republic of 
Iran Broadcasting and the President of the Islamic Repub-
lic of Iran Broadcasting, Ezzatollah Zargami, in the first 
update to the list of persons complicit in, or responsible for 
ordering, controlling, or otherwise directing, the commission 
of serious human rights abuses against citizens of Iran or 
their family members submitted under section 105 of the 
Comprehensive Iran Sanctions, Accountability, and Divest-
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ment Act of 2010 (22 U.S.C. 8514) after the date of the 
enactment of this Act. 
SEC. 1269. IMPOSITION OF SANCTIONS WITH RESPECT TO 
PERSONS ENGAGED IN THE DIVERSION OF 
GOODS INTENDED FOR THE PEOPLE OF IRAN. 
(a) IN GENERAL.—Title I of the Comprehensive Iran 
Sanctions, Accountability, and Divestment Act of 2010 (22 
U.S.C. 8511 et seq.) is amended by inserting after section 
105B the following: 
‘‘SEC. 105C. IMPOSITION OF SANCTIONS WITH RESPECT TO 
PERSONS ENGAGED IN THE DIVERSION OF 
GOODS INTENDED FOR THE PEOPLE OF IRAN. 
‘‘(a) IN GENERAL.—The President shall impose sanc-
tions described in section 105(c) (other than sanctions relat-
ing to the importation of property under such section) with 
respect to each person on the list required by subsection (b). 
‘‘(b) LIST
OF PERSONS WHO ENGAGE
IN DIVER-
SION.— 
‘‘(1) IN GENERAL.—As relevant information be-
comes available, the President shall submit to the ap-
propriate congressional committees a list of persons 
that the President determines have, on or after such 
date of enactment, engaged in corruption or other ac-
tivities relating to—
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† HR 4310 EAS1S 
‘‘(A) the diversion of goods, including agri-
cultural commodities, food, medicine, and med-
ical devices, intended for the people of Iran; or 
‘‘(B) the misappropriation of proceeds from 
the sale or resale of such goods. 
‘‘(2) FORM OF REPORT; PUBLIC AVAILABILITY.— 
‘‘(A) FORM.—The list required by para-
graph (1) shall be submitted in unclassified form 
but may contain a classified annex. 
‘‘(B) PUBLIC AVAILABILITY.—The unclassi-
fied portion of the list required by paragraph (1) 
shall be made available to the public and posted 
on the websites of the Department of the Treas-
ury and the Department of State.’’. 
(b) WAIVER.—Section 401(b)(1) of the Comprehensive 
Iran Sanctions, Accountability, and Divestment Act of 
2010 (22 U.S.C. 8551(b)(1)) is amended— 
(1) by striking ‘‘or 105B(a)’’ and inserting 
‘‘105B(a), or 105C(a)’’; and 
(2) by striking ‘‘or 105B(b)’’ and inserting 
‘‘105B(b), or 105C(b)’’. 
(c) CLERICAL AMENDMENT.—The table of contents for 
the Comprehensive Iran Sanctions, Accountability, and Di-
vestment Act of 2010 is amended by inserting after the item 
relating to section 105B the following:
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† HR 4310 EAS1S 
‘‘Sec. 105C. Imposition of sanctions with respect to persons engaged in the diver-
sion of goods intended for the people of Iran.’’. 
SEC. 1270. WAIVER REQUIREMENT RELATED TO EXCEP-
TIONAL CIRCUMSTANCES PREVENTING SIG-
NIFICANT REDUCTIONS IN CRUDE OIL PUR-
CHASES. 
Section 1245(d)(5)(B) of the National Defense Author-
ization 
Act 
for 
Fiscal 
Year 
2012 
(22 
U.S.C. 
8513a(d)(5)(B)) is amended— 
(1) in clause (i), by striking ‘‘; and’’ and insert-
ing a semicolon; 
(2) by redesignating clause (ii) as clause (iii); 
and 
(3) by inserting after clause (i) the following new 
clause: 
‘‘(ii) certifying that the country with 
primary jurisdiction over the foreign finan-
cial institution otherwise subject to the 
sanctions faced exceptional circumstances 
that prevented the country from being able 
to significantly reduce its volume of crude 
oil purchases; and’’. 
SEC. 1271. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS 
REGARDING TERRORIST ACTS. 
(a) IN GENERAL.—Section 2335 of title 18, United 
States Code, is amended—
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† HR 4310 EAS1S 
(1) in subsection (a), by striking ‘‘4 years’’ and 
inserting ‘‘10 years’’; and 
(2) in subsection (b), by striking ‘‘4-year period’’ 
and inserting ‘‘10-year period’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply to— 
(1) proceedings under section 2333 of title 18, 
United States Code, pending in any form on the date 
of the enactment of this Act; 
(2) proceedings under such section commenced on 
or after the date of the enactment of this Act; and 
(3) any civil action brought for recovery of dam-
ages under such section resulting from acts of inter-
national terrorism that occurred more than 10 years 
before the date of the enactment of this Act, provided 
that the action is filed not later than 6 years after 
the date of the enactment of this Act. 
SEC. 1272. REPORT ON USE OF CERTAIN IRANIAN SEA-
PORTS BY FOREIGN VESSELS AND USE OF 
FOREIGN AIRPORTS BY SANCTIONED IRA-
NIAN AIR CARRIERS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, and annually thereafter, 
the President shall submit to the appropriate congressional 
committees a report that contains—
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† HR 4310 EAS1S 
(1) a list of vessels that have entered seaports in 
Iran controlled by the Tidewater Middle East Com-
pany during the period specified in subsection (b) 
and the owners and operators of those vessels; and 
(2) a list of all airports at which aircraft owned 
or controlled by an Iranian air carrier on which 
sanctions have been imposed by the United States 
have landed during the period specified in subsection 
(b). 
(b) PERIOD SPECIFIED.—The period specified in this 
subsection is— 
(1) in the case of the first report submitted under 
subsection (a), the 180-day period preceding the sub-
mission of the report; and 
(2) in the case of any subsequent report sub-
mitted under that subsection, the year preceding the 
submission of the report. 
(c) FORM OF REPORT.—Each report required by sub-
section (a) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 1273. IMPLEMENTATION; PENALTIES. 
(a) IMPLEMENTATION.—The President may exercise 
all authorities provided under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 U.S.C. 
1702 and 1704) to carry out this subtitle.
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† HR 4310 EAS1S 
(b) PENALTIES.—The penalties provided for in sub-
sections (b) and (c) of section 206 of the International 
Emergency Economic Powers Act (50 U.S. C. 1705) shall 
apply to a person that violates, attempts to violate, con-
spires to violate, or causes a violation of this subtitle or 
regulations prescribed under this subtitle to the same extent 
that such penalties apply to a person that commits an un-
lawful act described in section 206(a) of that Act. 
SEC. 1274. APPLICABILITY TO CERTAIN NATURAL GAS 
PROJECTS. 
Nothing in this subtitle or the amendments made by 
this subtitle shall apply with respect to any activity relat-
ing to a project described in subsection (a) of section 603 
of the Iran Threat Reduction and Syria Human Rights Act 
of 2012 (22 U.S.C. 8783) to which the exception under that 
section applies at the time of the activity. 
SEC. 1275. RULE OF CONSTRUCTION. 
Nothing in this subtitle or the amendments made by 
this subtitle shall be construed to limit sanctions imposed 
with respect to Iran under any other provision of law or 
to limit the authority of the President to impose additional 
sanctions with respect to Iran.
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† HR 4310 EAS1S 
TITLE XIII—COOPERATIVE 
THREAT REDUCTION 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF COOPERATIVE THREAT REDUC-
TION PROGRAMS.—For purposes of section 301 and other 
provisions of this Act, Cooperative Threat Reduction pro-
grams are the programs specified in section 1501 of the Na-
tional Defense Authorization Act for Fiscal Year 1997 (50 
U.S.C. 2632 note). 
(b) FISCAL YEAR 2013 COOPERATIVE THREAT REDUC-
TION FUNDS DEFINED.—As used in this title, the term ‘‘fis-
cal year 2013 Cooperative Threat Reduction funds’’ means 
the funds appropriated pursuant to the authorization of ap-
propriations in section 301 and made available by the 
funding table in section 4301 for Cooperative Threat Reduc-
tion programs. 
(c) AVAILABILITY
OF FUNDS.—Funds appropriated 
pursuant to the authorization of appropriations in section 
301 and made available by the funding table in section 
4301 for Cooperative Threat Reduction programs shall be 
available for obligation for fiscal years 2013, 2014, and 
2015.
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† HR 4310 EAS1S 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING
FOR
SPECIFIC
PURPOSES.—Of the 
$519,100,000 authorized to be appropriated to the Depart-
ment of Defense for fiscal year 2013 in section 301 and 
made available by the funding table in section 4301 for Co-
operative Threat Reduction programs, the following 
amounts may be obligated for the purposes specified: 
(1) For strategic offensive arms elimination, 
$68,300,000. 
(2) 
For 
chemical 
weapons 
destruction, 
$14,600,000. 
(3) For global nuclear security, $99,800,000. 
(4) 
For 
cooperative 
biological 
engagement, 
$276,400,000. 
(5) For proliferation prevention, $32,400,000. 
(6) For threat reduction engagement, $2,400,000. 
(7) For other assessments/administrative sup-
port, $25,200,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF 
FUNDS FOR OTHER PURPOSES.—No fiscal year 2013 Coop-
erative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (7) of subsection (a) until 15 days after 
the date that the Secretary of Defense submits to Congress 
a report on the purpose for which the funds will be obligated 
or expended and the amount of funds to be obligated or ex-
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† HR 4310 EAS1S 
pended. Nothing in the preceding sentence shall be construed 
as authorizing the obligation or expenditure of fiscal year 
2013 Cooperative Threat Reduction funds for a purpose for 
which the obligation or expenditure of such funds is specifi-
cally prohibited under this title or any other provision of 
law. 
(c) LIMITED
AUTHORITY
TO
VARY
INDIVIDUAL 
AMOUNTS.— 
(1) IN GENERAL.—Subject to paragraph (2), in 
any case in which the Secretary of Defense determines 
that it is necessary to do so in the national interest, 
the Secretary may obligate amounts appropriated for 
fiscal year 2013 for a purpose listed in paragraphs 
(1) through (7) of subsection (a) in excess of the spe-
cific amount authorized for that purpose. 
(2) NOTICE-AND-WAIT REQUIRED.—An obligation 
of funds for a purpose stated in paragraphs (1) 
through (7) of subsection (a) in excess of the specific 
amount authorized for such purpose may be made 
using the authority provided in paragraph (1) only 
after— 
(A) the Secretary submits to Congress noti-
fication of the intent to do so together with a 
complete discussion of the justification for doing 
so; and
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† HR 4310 EAS1S 
(B) 15 days have elapsed following the date 
of the notification. 
TITLE XIV—OTHER 
AUTHORIZATIONS 
Subtitle A—Military Programs 
SEC. 1401. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2013 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
providing capital for working capital and revolving funds, 
as specified in the funding table in section 4501. 
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 
Funds are hereby authorized to be appropriated for fis-
cal year 2013 for the National Defense Sealift Fund, as 
specified in the funding table in section 4501. 
SEC. 1403. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2013 for expenses, not 
otherwise provided for, for the Defense Health Program, as 
specified in the funding table in section 4501. 
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC-
TION, DEFENSE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2013 for expenses, not otherwise
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† HR 4310 EAS1S 
provided for, for Chemical Agents and Munitions Destruc-
tion, Defense, as specified in the funding table in section 
4501. 
(b) USE.—Amounts authorized to be appropriated 
under subsection (a) are authorized for— 
(1) the destruction of lethal chemical agents and 
munitions in accordance with section 1412 of the De-
partment of Defense Authorization Act, 1986 (50 
U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel 
of the United States that is not covered by section 
1412 of such Act. 
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES, DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2013 for expenses, not 
otherwise provided for, for Drug Interdiction and Counter- 
Drug Activities, Defense-wide, as specified in the funding 
table in section 4501. 
SEC. 1406. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2013 for expenses, not 
otherwise provided for, for the Office of the Inspector Gen-
eral of the Department of Defense, as specified in the fund-
ing table in section 4501.
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† HR 4310 EAS1S 
Subtitle B—National Defense 
Stockpile 
SEC. 1411. RELEASE OF MATERIALS NEEDED FOR NATIONAL 
DEFENSE PURPOSES FROM THE STRATEGIC 
AND CRITICAL MATERIALS STOCKPILE. 
(a) AUTHORITY FOR PRESIDENT TO DELEGATE SPE-
CIAL DISPOSAL AUTHORITY OF PRESIDENT FOR RELEASE 
FOR NATIONAL DEFENSE PURPOSES.—Section 7(a) of the 
Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98f(a)) is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(3) on the order of the Under Secretary of De-
fense for Acquisition, Technology, and Logistics, if the 
President has designated the Under Secretary to have 
authority to issue release orders under this subsection 
and, in the case of any such order, if the Under Sec-
retary determines that the release of such materials is 
required for use, manufacture, or production for pur-
poses of national defense.’’.
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† HR 4310 EAS1S 
(b) EXCLUSION FROM DELEGATION LIMITATION.— 
Section 16 of such Act (50 U.S.C. 98h–7) is amended by 
striking ‘‘sections 7 and 13’’ each place it appears and in-
serting ‘‘sections 7(a)(1) and 13’’. 
Subtitle C—Chemical 
Demilitarization Matters 
SEC. 1421. SUPPLEMENTAL CHEMICAL AGENT AND MUNI-
TIONS 
DESTRUCTION 
TECHNOLOGIES 
AT 
PUEBLO CHEMICAL DEPOT, COLORADO, AND 
BLUE GRASS ARMY DEPOT, KENTUCKY. 
(a) SUPPLEMENTAL DESTRUCTION TECHNOLOGIES.— 
Section 1412 of the Department of Defense Authorization 
Act, 1986 (50 U.S.C. 1521) is amended— 
(1) by redesignating subsection (o) as subsection 
(p); and 
(2) by inserting after subsection (n) the following 
new subsection (o): 
‘‘(o) 
SUPPLEMENTAL
DESTRUCTION
TECH-
NOLOGIES.—In determining the technologies to supplement 
the neutralization destruction of the stockpile of lethal chem-
ical agents and munitions at Pueblo Chemical Depot, Colo-
rado, and Blue Grass Army Depot, Kentucky, the Secretary 
of Defense may consider the following: 
‘‘(1) Explosive Destruction Technologies.
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† HR 4310 EAS1S 
‘‘(2) Any technologies developed for treatment 
and disposal of agent or energetic hydrolysates, if 
problems with the current on-site treatment of hy-
drolysates are encountered.’’. 
(b) REPEAL
OF SUPERSEDED PROVISION.—Section 
151 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106–398; 114 Stat. 1645A–30) is repealed. 
Subtitle D—Other Matters 
SEC. 1431. AUTHORIZATION OF APPROPRIATIONS FOR 
ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal 
year 2013 from the Armed Forces Retirement Home Trust 
Fund the sum of $67,590,000 for the operation of the Armed 
Forces Retirement Home. 
SEC. 1432. ADDITIONAL WEAPONS OF MASS DESTRUCTION 
CIVIL SUPPORT TEAMS. 
(a) IN GENERAL.—Section 1403 of the Bob Stump Na-
tional Defense Authorization Act for Fiscal Year 2003 (Pub-
lic Law 107–314; 116 Stat. 2676; 10 U.S.C. 12310 note) 
is amended— 
(1) by striking subsection (b); 
(2) by redesignating subsection (c) as subsection 
(d); and
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† HR 4310 EAS1S 
(3) by inserting after subsection (a) the following 
new subsections (b) and (c): 
‘‘(b) ESTABLISHMENT
OF
FURTHER
ADDITIONAL 
TEAMS.—The Secretary of Defense is authorized to have es-
tablished two additional teams designated as Weapons of 
Mass Destruction Civil Support teams, beyond the 55 teams 
required in subsection (a), if— 
‘‘(1) the Secretary of Defense has made the cer-
tification provided for in section 12310(c)(5) of title 
10, United States Code, with respect to each of such 
additional teams before December 31, 2011; and 
‘‘(2) the establishment of such additional teams 
does not require an increase in authorized personnel 
levels above the numbers authorized as of the date of 
the enactment of the National Defense Authorization 
Act for Fiscal Year 2013. 
‘‘(c) LIMITATION OF ESTABLISHMENT OF FURTHER 
TEAMS.—No Weapons of Mass Destruction Civil Support 
Team may be established beyond the number authorized by 
subsections (a) and (b) unless— 
‘‘(1) the Secretary submits to Congress a request 
for authority to establish such team, including a de-
tailed justification for their establishment; and 
‘‘(2) the establishment of such team is specifi-
cally authorized by a law enacted after the date of the
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† HR 4310 EAS1S 
enactment of the National Defense Authorization Act 
for Fiscal Year 2013.’’. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on 
the Weapons of Mass Destruction Civil Support Teams. The 
report shall include the following: 
(1) A detailed description of risk management 
criteria and considerations to be used in determining 
the optimal number and location of Weapons of Mass 
Destruction Civil Support Teams. 
(2) A description of the operational and training 
activities conducted by the Weapons of Mass Destruc-
tion Civil Support Teams during each of fiscal years 
2010, 2011, and 2012. 
(3) An assessment of the optimal number and lo-
cation of Weapons of Mass Destruction Civil Support 
Teams in light of the information under paragraphs 
(1) and (2). 
(4) A comparative analysis of the cost of estab-
lishing Weapons of Mass Destruction Civil Support 
Teams in the reserve components of the Armed Forces 
(other than the National Guard) with the cost of es-
tablishing Weapons of Mass Destruction Civil Sup-
port Teams in the National Guard.
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† HR 4310 EAS1S 
(5) A description of the portion of the costs of 
Weapons of Mass Destruction Civil Support Teams 
that is currently borne by the States. 
SEC. 1433. POLICY OF THE UNITED STATES WITH RESPECT 
TO A DOMESTIC SUPPLY OF CRITICAL AND 
ESSENTIAL MINERALS. 
(a) POLICY OF THE UNITED STATES.—It is the policy 
of the United States to promote the development of an ade-
quate, reliable, and stable supply of critical and essential 
minerals in the United States in order to strengthen and 
sustain the military readiness, national security, and crit-
ical infrastructure of the United States. 
(b) COORDINATION OF DEVELOPMENT OF SUPPLY OF 
CRITICAL AND ESSENTIAL MINERALS.—To implement the 
policy described in subsection (a), the President shall, act-
ing through the Executive Office of the President, coordinate 
the actions of the appropriate federal agencies to identify 
opportunities for and to facilitate the development of re-
sources in the United States to meet the critical and essen-
tial mineral needs of the United States.
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† HR 4310 EAS1S 
TITLE XV—AUTHORIZATION OF 
APPROPRIATIONS FOR OVER-
SEAS 
CONTINGENCY 
OPER-
ATIONS 
Subtitle A—Authorization of 
Appropriations 
SEC. 1501. PURPOSE. 
The purpose of this subtitle is to authorize appropria-
tions for the Department of Defense for fiscal year 2013 
to provide additional funds for overseas contingency oper-
ations being carried out by the Armed Forces. 
SEC. 1502. PROCUREMENT. 
Funds are hereby authorized to be appropriated for fis-
cal year 2013 for procurement accounts for the Army, the 
Navy and the Marine Corps, the Air Force, and Defense- 
wide activities, as specified in the funding table in section 
4102. 
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION. 
Funds are hereby authorized to be appropriated for fis-
cal year 2013 for the use of the Department of Defense for 
research, development, test, and evaluation, as specified in 
the funding table in section 4202.
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† HR 4310 EAS1S 
SEC. 1504. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for fis-
cal year 2013 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, as specified in the funding table in section 4302. 
SEC. 1505. MILITARY PERSONNEL. 
Funds are hereby authorized to be appropriated for fis-
cal year 2013 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for military personnel, 
as specified in the funding table in section 4402. 
SEC. 1506. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2013 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
providing capital for working capital and revolving funds, 
as specified in the funding table in section 4502. 
SEC. 1507. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2013 for expenses, not 
otherwise provided for, for the Defense Health Program, as 
specified in the funding table in section 4502.
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† HR 4310 EAS1S 
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES, DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2013 for expenses, not 
otherwise provided for, for Drug Interdiction and Counter- 
Drug Activities, Defense-wide, as specified in the funding 
table in section 4502. 
SEC. 1509. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2013 for expenses, not 
otherwise provided for, for the Office of the Inspector Gen-
eral of the Department of Defense, as specified in the fund-
ing table in section 4502. 
Subtitle B—Financial Matters 
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 
The amounts authorized to be appropriated by this 
title are in addition to amounts otherwise authorized to be 
appropriated by this Act. 
SEC. 1522. SPECIAL 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 title for fiscal year 2013 
between any such authorizations for that fiscal year
805 
† HR 4310 EAS1S 
(or any subdivisions thereof). Amounts of authoriza-
tions so transferred shall be merged with and be 
available for the same purposes as the authorization 
to which transferred. 
(2) LIMITATION.—The total amount of author-
izations that the Secretary may transfer under the 
authority 
of 
this 
subsection 
may 
not 
exceed 
$4,000,000,000. 
(b) TERMS AND CONDITIONS.—Transfers under this 
section shall be subject to the same terms and conditions 
as transfers under section 1001. 
(c) ADDITIONAL AUTHORITY.—The transfer authority 
provided by this section is in addition to the transfer au-
thority provided under section 1001. 
Subtitle C—Limitations and Other 
Matters 
SEC. 1531. AFGHANISTAN SECURITY FORCES FUND. 
(a) CONTINUATION
OF
EXISTING
LIMITATIONS.— 
Funds available to the Department of Defense for the Af-
ghanistan Security Forces Fund for fiscal year 2013 shall 
be subject to the conditions contained in subsections (b) 
through (g) of section 1513 of the National Defense Author-
ization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 428), as amended by section 1531(b) of the Ike Skelton
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† HR 4310 EAS1S 
National Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4424). 
(b) AVAILABILITY FOR SUPPORT OF TRAINING OF AF-
GHAN PUBLIC PROTECTION FORCE.—Assistance provided 
during fiscal year 2013 utilizing funds in the Afghanistan 
Security Forces Fund may be used to increase the capacity 
of the Government of Afghanistan to recruit, vet, train, and 
manage the Afghan Public Protection Force within the Af-
ghanistan Ministry of Interior, including activities in con-
nection with the following: 
(1) Expanding the capacity of the Force to train 
and qualify recruits for static security, convoy secu-
rity, and personal detail security. 
(2) Improving the infrastructure of the Afghan 
Public Protection Force Training Center or other fa-
cilities for training Force personnel. 
(3) Increasing the capacity of the Afghanistan 
Ministry of Interior to manage the Force. 
(4) Improving procedures for recruiting and vet-
ting Force personnel. 
(5) Establishing or implementing requirements 
for qualifications, training, and accountability con-
sistent with the purposes of section 862 of the Na-
tional Defense Authorization Act for Fiscal Year 2008 
(10 U.S.C. 2302 note), to the extent feasible.
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† HR 4310 EAS1S 
(c) PLAN
FOR USE
OF AFGHANISTAN SECURITY 
FORCES FUND THROUGH 2017.—No later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a plan for using funds available to the Department of 
Defense to provide assistance to the security forces of Af-
ghanistan through the Afghanistan Security Forces Fund 
through September 30, 2017. 
SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 
FUND. 
(a) USE AND TRANSFER OF FUNDS.—Subsections (b) 
and (c) of section 1514 of the John Warner National De-
fense Authorization Act for Fiscal Year 2007 (Public Law 
109–364; 120 Stat. 2439), as in effect before the amend-
ments made by section 1503 of the Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 2009 (Pub-
lic Law 110–417; 122 Stat. 4649), shall apply to the funds 
made available to the Department of Defense for the Joint 
Improvised Explosive Device Defeat Fund for fiscal year 
2013. 
(b) AVAILABILITY OF CERTAIN FISCAL YEAR 2013 
FUNDS.— 
(1) IN GENERAL.—Of the funds made available 
to the Department of Defense for the Joint Improvised 
Explosive Device Defeat Fund for fiscal year 2013,
808 
† HR 4310 EAS1S 
$15,000,000 may be available to the Secretary of De-
fense to provide training, equipment, supplies, and 
services to ministries and other entities of the Govern-
ment of Pakistan that the Secretary has identified as 
critical for countering the flow of improvised explosive 
device precursor chemicals from Pakistan to locations 
in Afghanistan. 
(2) PROVISION
THROUGH
OTHER
US
AGEN-
CIES.—If jointly agreed upon by the Secretary of De-
fense and the head of another department or agency 
of the United States Government, the Secretary of De-
fense may transfer funds available under paragraph 
(1) to such department or agency for the provision of 
training, equipment, supplies, and services to min-
istries and other entities of the Government of Paki-
stan as described in that paragraph by such depart-
ment or agency. 
(3) NOTICE TO CONGRESS.—Funds may not be 
used under the authority in paragraph (1) until 15 
days after the date on which the Secretary of Defense 
submits to the congressional defense committees a no-
tice on the training, equipment, supplies, and services 
to be provided using such funds. 
(c) EXPIRATION.—This section shall cease to be effec-
tive on December 31, 2013.
809 
† HR 4310 EAS1S 
SEC. 1533. PLAN FOR TRANSITION IN FUNDING OF UNITED 
STATES 
SPECIAL 
OPERATIONS 
COMMAND 
FROM SUPPLEMENTAL FUNDING FOR OVER-
SEAS CONTINGENCY OPERATIONS TO RECUR-
RING FUNDING UNDER THE FUTURE-YEARS 
DEFENSE PROGRAM. 
The Secretary of Defense shall submit to the congres-
sional defense committees, at the same time as the budget 
of the President for fiscal year 2014 is submitted to Con-
gress pursuant to section 1105(a) of title 31, United States 
Code, a plan for the transition of funding of the United 
States Special Operations Command from funds authorized 
to be appropriated for overseas contingency operations 
(commonly referred to as the ‘‘overseas contingency oper-
ations budget’’) to funds authorized to be appropriated for 
recurring operations of the Department of Defense in ac-
cordance with applicable future-years defense programs 
under section 221 of title 10, United States Code (commonly 
referred to as the ‘‘base budget’’). 
SEC. 1534. EXTENSION OF AUTHORITY ON TASK FORCE FOR 
BUSINESS AND STABILITY OPERATIONS IN 
AFGHANISTAN. 
Section 1535(a) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4426), as amended by section 1534 of the
810 
† HR 4310 EAS1S 
National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1658), is further amended— 
(1) in the second sentence of paragraph (4)— 
(A) by striking ‘‘The amount of funds used’’ 
and inserting ‘‘The amount of fund obligated’’; 
(B) by inserting ‘‘and $93,000,000 for fiscal 
year 2013’’ after ‘‘fiscal year 2012’’; and 
(C) by inserting ‘‘for fiscal year 2012’’ after 
‘‘except that’’; 
(2) in paragraph (6), by striking ‘‘October 31, 
2011, and October 31, 2012’’ and inserting ‘‘October 
31 of each of 2011, 2012, and 2013’’; and 
(3) in paragraph (7)— 
(A) by striking ‘‘provided in’’ and inserting 
‘‘to obligate funds for projects under’’; and 
(B) by striking ‘‘September 30, 2012’’ and 
inserting ‘‘September 30, 2013’’. 
SEC. 1535. ASSESSMENTS OF TRAINING ACTIVITIES AND IN-
TELLIGENCE ACTIVITIES OF THE JOINT IM-
PROVISED EXPLOSIVE DEVICE DEFEAT ORGA-
NIZATION. 
(a) TRAINING ACTIVITIES.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall, in consultation with the Chairman of
811 
† HR 4310 EAS1S 
Joint Chiefs of Staff and the other chiefs of staff of 
the Armed Forces, submit to the congressional defense 
committees a report setting forth an assessment of the 
training-related activities of the Joint Improvised Ex-
plosive Device Defeat Organization (JIEDDO). 
(2) ELEMENTS.—The assessment required by 
paragraph (1) shall— 
(A) include all training programs and func-
tions executed by the Joint Improvised Explosive 
Device Defeat Organization in support of the 
United States Armed Forces or coalition part-
ners; 
(B) identify any program or function which 
is duplicated elsewhere within the Department of 
Defense; and 
(C) assess the value of maintaining such 
duplication. 
(3) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
(4) LIMITATION.—No training-related program 
may be initiated by the Joint Improvised Explosive 
Device Defeat Organization between the date of the 
enactment of this Act and the date of the submittal 
of the report required by paragraph (1).
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† HR 4310 EAS1S 
(b) INTELLIGENCE ACTIVITIES.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall, in consultation with the Director of Na-
tional Intelligence, submit to the congressional defense 
committees a report setting forth an assessment of the 
activities of the Counter-Improvised-Explosive-Device 
Operations Integration Center of the Joint Impro-
vised Explosive Device Defeat Organization. 
(2) ELEMENTS.—The assessment required by 
paragraph (1) shall— 
(A) include all intelligence analysis pro-
grams and functions executed by the Counter-Im-
provised-Explosive-Device Operations Integra-
tion Center in support of the United States Gov-
ernment or coalition partners; 
(B) identify any program or function which 
is duplicated elsewhere within the Department of 
Defense, including the intelligence components of 
the Department, or the intelligence community of 
the United States; and 
(C) assess the value of maintaining such 
duplication.
813 
† HR 4310 EAS1S 
(3) FORM.—The report required by paragraph 
(2) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 1536. SUBMITTAL TO CONGRESS OF RISK ASSESS-
MENTS ON CHANGES IN UNITED STATES 
TROOP LEVELS IN AFGHANISTAN. 
(a) SUBMITTAL REQUIRED.—Not later than 30 days 
after a decision by the President to change the levels of 
United States Armed Forces deployed in Afghanistan, the 
Chairman of the Joint Chiefs of Staff shall, through the Sec-
retary of Defense, submit to the congressional defense com-
mittees a detailed assessment of the risk to the United States 
mission and interests in Afghanistan as the change in levels 
is implemented. 
(b) ELEMENTS.—The risk assessment under subsection 
(a) on a change in levels of United States Armed Forces 
in Afghanistan shall include the following: 
(1) A description of the current security situa-
tion in Afghanistan. 
(2) A description of any anticipated changes to 
United States military operations and objectives in 
Afghanistan associated with such change in levels. 
(3) An identification and assessment of any 
changes in United States military capabilities, in-
cluding manpower, logistics, intelligence, and mobil-
814 
† HR 4310 EAS1S 
ity support, in Afghanistan associated with such 
change in levels. 
(4) An identification and assessment of the risk 
associated with any changes in United States mis-
sion, military capabilities, operations, and objectives 
in Afghanistan associated with such change in levels. 
(5) An identification and assessment of any ca-
pability gaps within the Afghanistan security forces 
that will impact their ability to conduct operations 
following such change in levels. 
(6) An identification and assessment of the risk 
associated with the transition of combat responsibil-
ities to the Afghanistan security forces following such 
change in levels. 
(7) An assessment of the impact of such change 
in levels on coalition military contributions to the 
mission in Afghanistan. 
(8) A description of the assumptions to be in 
force regarding the security situation in Afghanistan 
following such change in levels. 
(9) Such other matters regarding such change in 
levels as the Chairman considers appropriate.
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† HR 4310 EAS1S 
SEC. 1537. REPORT ON INSIDER ATTACKS IN AFGHANISTAN 
AND THEIR EFFECT ON THE UNITED STATES 
TRANSITION STRATEGY FOR AFGHANISTAN. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall, 
in consultation with the Secretary of State and the Com-
mander of North Atlantic Treaty Organization/Inter-
national Security Assistance Force forces in Afghanistan, 
submit to Congress a report on the attacks and associated 
threats by Afghanistan National Security Forces personnel, 
Afghanistan National Security Forces impersonators, and 
private security contractors against United States, Afghan-
istan, and coalition military and civilian personnel (‘‘in-
sider attacks’’) in Afghanistan, and the effect of these at-
tacks on the overall transition strategy in Afghanistan. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A description of the nature and proximate 
causes of the attacks described in subsection (a), in-
cluding the following: 
(A) An estimate of the number of such at-
tacks on United States, Afghanistan, and coali-
tion military personnel since January 1, 2007. 
(B) An estimate of the number of United 
States, Afghanistan, and coalition personnel 
killed or wounded in such attacks.
816 
† HR 4310 EAS1S 
(C) The circumstances or conditions that 
may have influenced such attacks. 
(D) An assessment of the threat posed by in-
filtration, and a best assessment of the extent of 
infiltration by insurgents into the Afghanistan 
National Security Forces. 
(E) A description of trends in the preva-
lence of such attacks, including where such at-
tacks occur, the political and ethnic affiliation of 
attackers, and the targets of attackers. 
(2) A description of the restrictions and other ac-
tions taken by the United States and North Atlantic 
Treaty Organization/International Security Assist-
ance Force forces to protect military and civilian per-
sonnel from future insider attacks, including meas-
ures in predeployment training. 
(3) A description of the actions taken by the 
Government of Afghanistan to prevent and respond to 
insider attacks, including improved vetting practices. 
(4) A description of the insider threat-related 
factors that will influence the size and scope of the 
post-2014 training mission for the Afghanistan Na-
tional Security Forces. 
(5) An assessment of the impact of the insider 
attacks in Afghanistan in 2012 on the overall transi-
817 
† HR 4310 EAS1S 
tion strategy in Afghanistan and its prospects for suc-
cess, including an assessment how such insider at-
tacks impact— 
(A) partner operations between North At-
lantic Treaty Organization/International Secu-
rity Assistance Force forces and Afghanistan Na-
tional Security Forces; 
(B) training programs for the Afghanistan 
National Security Forces, including proposed 
training plans to be executed during the post- 
2014 training mission for the Afghanistan Na-
tional Security Forces; 
(C) United States Special Forces training 
of the Afghan Local Police and its integration 
into the Afghanistan National Security Forces; 
and 
(D) the willingness of North Atlantic Treaty 
Organization/International Security Assistance 
Force allies to maintain forces in Afghanistan or 
commit to the post-2014 training mission for the 
Afghanistan National Security Forces. 
(6) An assessment of the impact that a reduction 
in training and partnering would have on the inde-
pendent capabilities of the Afghanistan National Se-
curity Forces, and whether the training of the Af-
818 
† HR 4310 EAS1S 
ghanistan National Security Forces should remain a 
key component of the United States and North Atlan-
tic Treaty Organization strategy in Afghanistan. 
(c) UNCLASSIFIED EXECUTIVE SUMMARY.—The report 
submitted under subsection (b) shall include an executive 
summary of the contents of the report in unclassified form. 
TITLE 
XVI—MILITARY 
COM-
PENSATION 
AND 
RETIRE-
MENT MODERNIZATION COM-
MISSION 
SEC. 1601. SHORT TITLE. 
This title may be cited as the ‘‘Military Compensation 
and Retirement Modernization Commission Act of 2012’’. 
SEC. 1602. PURPOSE. 
The purpose of this title is to establish a Commission 
to review and make recommendations to modernize the 
military compensation and retirement systems in order 
to— 
(1) ensure the long-term viability of the All-Vol-
unteer Force; 
(2) enable the quality of life for members of the 
Armed Forces and the other uniformed services and 
their families in a manner that fosters successful re-
cruitment, retention, and careers for members of the 
Armed Forces and the other uniformed services; and
819 
† HR 4310 EAS1S 
(3) modernize and achieve fiscal sustainability 
for the compensation and retirements systems for the 
Armed Forces and the other uniformed services for the 
21st century. 
SEC. 1603. DEFINITIONS. 
In this title: 
(1) The term ‘‘military compensation and retire-
ment systems’’ means the military compensation sys-
tem and the military retirement system. 
(2) The term ‘‘military compensation system’’ 
means provisions of law providing eligibility for and 
the computation of military compensation, including 
regular military compensation, special and incentive 
pays and allowances, medical and dental care, edu-
cational assistance and related benefits, and com-
missary and exchange benefits and related benefits 
and activities. 
(3) The term ‘‘military retirement system’’ 
means retirement benefits, including retired pay 
based upon service in the uniformed services and sur-
vivor annuities based upon such service. 
(4) The term ‘‘Armed Forces’’ has the meaning 
given the term ‘‘armed forces’’ in section 101(a)(4) of 
title 10, United States Code.
820 
† HR 4310 EAS1S 
(5) The term ‘‘uniformed services’’ has the mean-
ing given that term in section 101(a)(5) of title 10, 
United States Code. 
(6) The term ‘‘Secretary’’ means the Secretary of 
Defense. 
(7) The term ‘‘Commission’’ means the commis-
sion established under section 1604. 
(8) The term ‘‘Commission establishment date’’ 
means the first day of the first month beginning on 
or after the date of the enactment of this Act. 
(9) The terms ‘‘veterans service organization’’ 
and ‘‘military-related advocacy group or association’’ 
mean an organization the primary purpose of which 
is to advocate for veterans, military personnel, mili-
tary retirees, or military families. 
SEC. 1604. MILITARY COMPENSATION AND RETIREMENT 
MODERNIZATION COMMISSION. 
(a) ESTABLISHMENT.—There is established in the exec-
utive branch an independent commission to be known as 
the Military Compensation and Retirement Modernization 
Commission. The Commission shall be considered an inde-
pendent establishment of the Federal Government as defined 
by section 104 of title 5, United States Code, and a tem-
porary organization under section 3161 of such title. 
(b) APPOINTMENT.—
821 
† HR 4310 EAS1S 
(1) IN GENERAL.— 
(A) MEMBERS.—The Commission shall be 
composed of nine members appointed by the 
President, in consultation with— 
(i) the Chairman and Ranking Mem-
ber of the Committee on Armed Services of 
the Senate; and 
(ii) the Chairman and Ranking Mem-
ber of the Committee on Armed Services of 
the House of Representatives. 
(B) DEADLINE
FOR
APPOINTMENT.—The 
President shall make appointments to the Com-
mission not later than six months after the Com-
mission establishment date. 
(C) TERMINATION FOR LACK OF APPOINT-
MENT.—If the President does not make all ap-
pointments to the Commission on or before the 
date specified in subparagraph (B), the Commis-
sion shall be terminated. 
(2) 
QUALIFICATIONS
OF
INDIVIDUALS
AP-
POINTED.—In appointing individuals to the Commis-
sion, the President shall— 
(A) ensure that— 
(i) there are members with significant 
expertise in Federal compensation and re-
822 
† HR 4310 EAS1S 
tirement systems, including the military 
compensation and retirement systems, pri-
vate sector compensation, retirement, or 
human resource systems, and actuarial 
science; 
(ii) at least five members have active- 
duty military experience, including— 
(I) at least one of whom has ac-
tive-duty experience as an enlisted 
member; and 
(II) at least one of whom has ex-
perience as a member of a reserve com-
ponent; and 
(iii) at least one member was the 
spouse of a member of the Armed Forces, or, 
in the sole determination of the President, 
has significant experience in military fam-
ily matters; and 
(B) select individuals who are knowledge-
able and experienced with the uniformed services 
and military compensation and retirement 
issues. 
(3) LIMITATION.—The President may not ap-
point to the Commission an individual who within 
the preceding year has been employed by a veterans
823 
† HR 4310 EAS1S 
service organization or military-related advocacy 
group or association. 
(4) CHAIR.—At the time the President appoints 
the members of the Commission, the President shall 
designate one of the members to be Chair of the Com-
mission. The individual designated as Chair of the 
Commission shall be a person who has expertise in 
the military compensation and retirement systems. 
The Chair, or the designee of the Chair, shall preside 
over meetings of the Commission and be responsible 
for establishing the agenda of Commission meetings 
and hearings. 
(c) TERMS.—Members shall be appointed for the life 
of the Commission (subject to subsection (b)(3)). A vacancy 
in the Commission shall not affect its powers, and shall be 
filled in the same manner as the original appointment was 
made. 
(d) STATUS
AS
FEDERAL
EMPLOYEES.—Notwith-
standing the requirements of section 2105 of title 5, United 
States Code, including the required supervision under sub-
section (a)(3) of such section, the members of the Commis-
sion shall be deemed Federal employees. 
SEC. 1605. COMMISSION HEARINGS AND MEETINGS. 
(a) IN GENERAL.—The Commission shall conduct 
hearings on the recommendations it is taking under consid-
824 
† HR 4310 EAS1S 
eration. Any such hearing, except a hearing in which classi-
fied information is to be considered, shall be open to the 
public. Any hearing open to the public shall be announced 
on a Federal website at least 14 days in advance. For all 
hearings open to the public, the Commission shall release 
an agenda and a listing of materials relevant to the topics 
to be discussed. 
(b) MEETINGS.— 
(1) INITIAL
MEETING.—The Commission shall 
hold its initial meeting not later than 30 days after 
the date as of which all members have been appointed. 
(2) SUBSEQUENT
MEETINGS.—After its initial 
meeting, the Commission shall meet upon the call of 
the Chair or a majority of its members. 
(3) PUBLIC
MEETINGS.—Each meeting of the 
Commission shall be held in public unless any mem-
ber objects. 
(c) QUORUM.—Five members of the Commission shall 
constitute a quorum, but a lesser number may hold hear-
ings. 
(d) PUBLIC COMMENTS.— 
(1) IN
GENERAL.—The Commission shall seek 
written comments from the general public and inter-
ested parties on measures to modernize the military 
compensation and retirement systems. Comments
825 
† HR 4310 EAS1S 
shall be requested through a solicitation in the Fed-
eral Register and announcement on the Internet 
website of the Commission. 
(2) PERIOD FOR SUBMITTAL.—The period for the 
submittal of comments pursuant to the solicitation 
under paragraph (1) shall end not earlier than 30 
days after the date of the solicitation and shall end 
on or before the date on which the Secretary transmits 
the recommendations of the Secretary to the Commis-
sion under section 1606(b). 
(3) USE BY COMMISSION.—The Commission shall 
consider the comments submitted under this sub-
section when developing its recommendations. 
SEC. 1606. PRINCIPLES AND PROCEDURE FOR COMMISSION 
RECOMMENDATIONS. 
(a) PRINCIPLES.— 
(1) CONTEXT
OF
COMMISSION
REVIEW.—The 
Commission shall conduct a review of the military 
compensation and retirement systems in the context of 
all elements of the current military compensation and 
retirement systems, force management objectives, and 
changes in life expectancy and the labor force. 
(2) 
DEVELOPMENT
OF
COMMISSION
REC-
OMMENDATIONS.—
826 
† HR 4310 EAS1S 
(A) 
CONSISTENCY
WITH
PRESIDENTIAL 
PRINCIPLES.—The Commission shall develop rec-
ommendations for modernizing the military com-
pensation and retirement systems that are con-
sistent with principles established by the Presi-
dent under paragraph (3). 
(B) GRANDFATHERING.—The recommenda-
tions of the Commission may not apply to any 
person who first becomes a member of a uni-
formed service before the date of the enactment of 
a military compensation and retirement mod-
ernization Act pursuant to this title (except that 
such recommendations may include provisions 
allowing for such a member to make a voluntary 
election to be covered by some or all of the provi-
sions of such recommendations). 
(3) PRESIDENTIAL PRINCIPLES.—Not later than 
five months after the Commission establishment date, 
the President shall establish and transmit to the Com-
mission and Congress principles for modernizing the 
military compensation and retirement systems. The 
principles established by the President shall address 
the following: 
(A) Maintaining recruitment and retention 
of the best military personnel.
827 
† HR 4310 EAS1S 
(B) Modernizing the active and reserve 
military compensation and retirement systems. 
(C) Differentiating between active and re-
serve military service. 
(D) Differentiating between service in the 
Armed Forces and service in the other uniformed 
services. 
(E) Assisting with force management. 
(F) Ensuring the fiscal sustainability of the 
military compensation and retirement systems. 
(b) SECRETARY OF DEFENSE RECOMMENDATIONS.— 
(1) IN GENERAL.—Not later than nine months 
after the Commission establishment date, the Sec-
retary shall transmit to the Commission the rec-
ommendations of the Secretary for military com-
pensation and retirement modernization. The Sec-
retary shall concurrently transmit the recommenda-
tions to Congress. 
(2) DEVELOPMENT OF RECOMMENDATIONS.—The 
Secretary shall develop the recommendations of the 
Secretary under paragraph (1)— 
(A) on the basis of the principles established 
by the President pursuant to subsection (a)(3); 
(B) in consultation with the Secretary of 
Homeland 
Security, 
with 
respect 
to 
rec-
828 
† HR 4310 EAS1S 
ommendations concerning members of the Coast 
Guard; 
(C) in consultation with the Secretary of 
Health and Human Services, with respect to rec-
ommendations concerning members of the Public 
Health Service; 
(D) in consultation with the Secretary of 
Commerce, with respect to recommendations con-
cerning members of the National Oceanic and 
Atmospheric Administration; and 
(E) in consultation with the Director of the 
Office of Management and Budget. 
(3) JUSTIFICATION.—The Secretary shall include 
with the recommendations under paragraph (1) the 
justification of the Secretary for each recommenda-
tion. 
(4) AVAILABILITY OF INFORMATION.—The Sec-
retary shall make available to the Commission and to 
Congress the information used by the Secretary to 
prepare the recommendations of the Secretary under 
paragraph (1). 
(c) COMMISSION HEARINGS ON RECOMMENDATIONS OF 
SECRETARY.—After receiving from the Secretary the rec-
ommendations of the Secretary for military compensation 
and retirement modernization pursuant to subsection (b),
829 
† HR 4310 EAS1S 
the Commission shall conduct public hearings on the rec-
ommendations. 
(d) COMMISSION REPORT AND RECOMMENDATIONS.— 
(1) REPORT.—Not later than 15 months after the 
Commission establishment date, the Commission shall 
transmit to the President a report containing the 
findings and conclusions of the Commission, together 
with the recommendations of the Commission for the 
modernization of the military compensation and re-
tirement systems. The Commission shall include in 
the report legislative language to implement the rec-
ommendations of the Commission. The findings and 
conclusions in the report shall be based on the review 
and analysis by the Commission of the recommenda-
tions of the Secretary. 
(2) REQUIREMENT
FOR
APPROVAL.—The rec-
ommendations of the Commission must be approved 
by at least five members of the Commission before the 
recommendations may be transmitted to the President 
under paragraph (1). 
(3) PROCEDURES FOR CHANGING RECOMMENDA-
TIONS OF SECRETARY.—The Commission may make a 
change described in paragraph (4) in the rec-
ommendations made by the Secretary only if the 
Commission—
830 
† HR 4310 EAS1S 
(A) determines that the change is consistent 
with the principles established by the President 
under subsection (a)(3); 
(B) publishes a notice of the proposed 
change not less than 45 days before transmitting 
its recommendations to the President pursuant 
to paragraph (1); and 
(C) conducts a public hearing on the pro-
posed change. 
(4) COVERED CHANGES.—Paragraph (3) applies 
to a change by the Commission in the recommenda-
tions of the Secretary that would— 
(A) add a new recommendation; 
(B) delete a recommendation; or 
(C) substantially change a recommendation. 
(5) EXPLANATION
AND
JUSTIFICATION
FOR 
CHANGES.—The Commission shall explain and justify 
in its report submitted to the President under para-
graph (1) any recommendation made by the Commis-
sion that is different from the recommendations made 
by the Secretary pursuant to subsection (b). 
(6) TRANSMITTAL TO CONGRESS.—The Commis-
sion shall transmit a copy of its report to Congress 
on the same date on which it transmits its report to 
the President under paragraph (1).
831 
† HR 4310 EAS1S 
SEC. 
1607. 
CONSIDERATION 
OF 
COMMISSION 
REC-
OMMENDATIONS BY THE PRESIDENT AND 
CONGRESS. 
(a) REVIEW BY THE PRESIDENT.— 
(1) REPORT
OF
PRESIDENTIAL
APPROVAL
OR 
DISAPPROVAL.—Not later than 60 days after the date 
on which the Commission transmits its report to the 
President under section 1606(d), the President shall 
transmit to the Commission and to Congress a report 
containing the approval or disapproval by the Presi-
dent of the recommendations of the Commission in the 
report. 
(2) PRESIDENTIAL APPROVAL.—If in the report 
under paragraph (1) the President approves all the 
recommendations of the Commission, the President 
shall include with the report the following: 
(A) A copy of the recommendations of the 
Commission. 
(B) The certification by the President of the 
approval of the President of each recommenda-
tion. 
(C) The legislative language transmitted by 
the Commission to the President as part of the 
report 
of 
the 
Commission 
under 
section 
1606(d)(1). 
(3) PRESIDENTIAL DISAPPROVAL.—
832 
† HR 4310 EAS1S 
(A) REASONS FOR DISAPPROVAL.—If in the 
report under paragraph (1) the President dis-
approves the recommendations of the Commis-
sion, in whole or in part, the President shall in-
clude in the report the reasons for that dis-
approval. 
(B) REVISED
RECOMMENDATIONS
FROM 
COMMISSION.—The Commission shall then trans-
mit to the President, not later one month after 
the date of the report of the President under 
paragraph (1), revised recommendations for the 
modernization of the military compensation and 
retirement systems, together with revised legisla-
tive language to implement the revised rec-
ommendations of the Commission. 
(4) ACTION ON REVISED RECOMMENDATIONS.—If 
the President approves all of the revised recommenda-
tions of the Commission transmitted pursuant to 
paragraph (3)(B), the President shall transmit to 
Congress, not later than one month after receiving the 
revised recommendations, the following: 
(A) A copy of the revised recommendations. 
(B) The certification by the President of the 
approval of the President of each recommenda-
tion as so revised.
833 
† HR 4310 EAS1S 
(C) The revised legislative language trans-
mitted to the President under paragraph (3)(B). 
(5) TERMINATION OF COMMISSION.—If the Presi-
dent does not transmit to Congress an approval and 
certification described in paragraph (2) or (4) in ac-
cordance with the applicable deadline under such 
paragraph, the Commission shall be terminated not 
later than one month after the expiration of the pe-
riod for transmittal of a report under paragraph (4). 
(b) CONSIDERATION BY CONGRESS.— 
(1) RULEMAKING.—The provisions of this sub-
section are enacted by Congress— 
(A) as an exercise of the rulemaking power 
of the Senate and the House of Representatives, 
respectively, and as such they shall be considered 
as part of the rules of each House, respectively, 
or of that House to which they specifically apply, 
and such rules supersede other rules only to the 
extent that they are inconsistent therewith; and 
(B) with full recognition of the constitu-
tional right of either House to change such rules 
(so far as relating to the procedure of that 
House) at any time, in the same manner and to 
the same extent as in the case of any other rule 
of that House.
834 
† HR 4310 EAS1S 
(2) MILITARY COMPENSATION AND RETIREMENT 
MODERNIZATION BILL.—For the purpose of this sub-
section, the term ‘‘military compensation and retire-
ment modernization bill’’ means only a bill consisting 
of the proposed legislative language recommended by 
the Commission and submitted to Congress by the 
President pursuant to subsection (a). 
(3) INTRODUCTION OF LEGISLATIVE PROPOSAL IN 
HOUSE AND SENATE.—If the President transmits to 
Congress under subsection (a) a copy of the rec-
ommendations of the Commission (including the legis-
lative language recommended by the Commission), to-
gether with a certification of the approval of the 
President of the recommendations, the proposed legis-
lative language recommended by the Commission and 
submitted to Congress by the President pursuant to 
that subsection— 
(A) shall be introduced in the Senate (by re-
quest) on the next day on which the Senate is in 
session by the chairman of the Committee on 
Armed Services of the Senate; and 
(B) shall be introduced in the House of 
Representatives (by request) on the next legisla-
tive day by the chair of the Committee on Armed 
Services of the House of Representatives.
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(4) CONSIDERATION
IN
THE
HOUSE
OF
REP-
RESENTATIVES.— 
(A) REFERRAL AND REPORTING.—Any com-
mittee of the House of Representatives to which 
the military compensation and retirement mod-
ernization bill is referred shall report it to the 
House without amendment not later than the 
end of the 60-day period beginning on the date 
on which the bill is introduced. If a committee 
fails to report the bill to the House within that 
period, it shall be in order to move that the 
House discharge the committee from further con-
sideration of the bill. Such a motion shall not be 
in order after the last committee authorized to 
consider the bill reports it to the House or after 
the House has disposed of a motion to discharge 
the bill. The previous question shall be considered 
as ordered on the motion to its adoption without 
intervening motion except 20 minutes of debate 
equally divided and controlled by the proponent 
and an opponent. If such a motion is adopted, 
the House shall proceed immediately to consider 
the Commission bill in accordance with subpara-
graphs (B) and (C). A motion to reconsider the
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† HR 4310 EAS1S 
vote by which the motion is disposed of shall not 
be in order. 
(B) PROCEEDING
TO
CONSIDERATION.— 
After the last committee authorized to consider a 
military compensation and retirement mod-
ernization bill reports it to the House or has 
been discharged (other than by motion) from its 
consideration, it shall be in order to move to pro-
ceed to consider the military compensation and 
retirement modernization bill in the House. Such 
a motion shall not be in order after the House 
has disposed of a motion to proceed with respect 
to the military compensation and retirement 
modernization bill. The previous question shall 
be considered as ordered on the motion to its 
adoption without intervening motion. A motion 
to reconsider the vote by which the motion is dis-
posed of shall not be in order. 
(C) CONSIDERATION.—The military com-
pensation and retirement modernization bill 
shall be considered as read. All points of order 
against the bill and against its consideration are 
waived. The previous question shall be considered 
as ordered on the bill to its passage without in-
tervening motion except 2 hours of debate equally
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† HR 4310 EAS1S 
divided and controlled by the proponent and an 
opponent and one motion to limit debate on the 
bill. A motion to reconsider the vote on passage 
of the bill shall not be in order. 
(D) VOTE ON PASSAGE.—The vote on pas-
sage of the military compensation and retire-
ment modernization bill shall occur not later 
than the end of the 90-day period beginning on 
the date on which the bill is introduced. 
(5) EXPEDITED PROCEDURE IN THE SENATE.— 
(A) COMMITTEE CONSIDERATION.—A mili-
tary compensation and retirement modernization 
bill introduced in the Senate under subsection 
(a) shall be jointly referred to the committee or 
committees of jurisdiction, which committees 
shall report the bill without any revision and 
with a favorable recommendation, an unfavor-
able recommendation, or without recommenda-
tion, not later than the end of the 60-day period 
beginning on the date on which the bill is intro-
duced. If any committee fails to report the bill 
within that period, that committee shall be auto-
matically discharged from consideration of the 
bill, and the bill shall be placed on the appro-
priate calendar.
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† HR 4310 EAS1S 
(B) 
MOTION
TO
PROCEED.—Notwith-
standing Rule XXII of the Standing Rules of the 
Senate, it is in order, not later than 2 days of 
session after the date on which a military com-
pensation and retirement modernization bill is 
reported or discharged from all committees to 
which it was referred, for the majority leader of 
the Senate or the majority leader’s designee to 
move to proceed to the consideration of the mili-
tary compensation and retirement modernization 
bill. It shall also be in order for any Member of 
the Senate to move to proceed to the consider-
ation of the military compensation and retire-
ment modernization bill at any time after the 
conclusion of such 2-day period. A motion to 
proceed is in order even though a previous mo-
tion to the same effect has been disagreed to. All 
points of order against the motion to proceed to 
the military compensation and retirement mod-
ernization bill are waived. The motion to proceed 
is not debatable. The motion is not subject to a 
motion to postpone. A motion to reconsider the 
vote by which the motion is agreed to or dis-
agreed to shall not be in order. If a motion to 
proceed to the consideration of the military com-
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† HR 4310 EAS1S 
pensation and retirement modernization bill is 
agreed to, the military compensation and retire-
ment modernization bill shall remain the unfin-
ished business until disposed of. 
(C) CONSIDERATION.—All points of order, 
other than budget points of order, against the 
military compensation and retirement mod-
ernization bill and against consideration of the 
bill are waived. Consideration of the bill and of 
all debatable motions and appeals in connection 
therewith shall not exceed a total of 10 hours 
which shall be divided equally between the ma-
jority and minority leaders or their designees. A 
motion further to limit debate on the bill is in 
order, shall require an affirmative vote of three- 
fifths of the Members duly chosen and sworn, 
and is not debatable. Any debatable motion or 
appeal is debatable for not to exceed 1 hour, to 
be divided equally between those favoring and 
those opposing the motion or appeal. All time 
used for consideration of the bill, including time 
used for quorum calls and voting, shall be count-
ed against the total 10 hours of consideration. 
(D) NO AMENDMENTS.—An amendment to 
the Commission bill, or a motion to postpone, or
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† HR 4310 EAS1S 
a motion to proceed to the consideration of other 
business, or a motion to recommit the Commis-
sion bill, is not in order. 
(E) VOTE ON PASSAGE.—If the Senate has 
voted to proceed to the military compensation 
and retirement modernization bill, the vote on 
passage of the bill shall occur immediately fol-
lowing the conclusion of the debate on a military 
compensation and retirement modernization bill, 
and a single quorum call at the conclusion of the 
debate if requested. The vote on passage of the 
bill shall occur not later the end of the 90-day 
period beginning on the date on which the bill 
is introduced. 
(F) RULINGS
OF
THE
CHAIR
ON
PROCE-
DURE.—Appeals from the decisions of the Chair 
relating to the application of the rules of the 
Senate, as the case may be, to the procedure re-
lating to a military compensation and retire-
ment modernization bill shall be decided without 
debate. 
(6) AMENDMENT.—The military compensation 
and retirement modernization bill shall not be subject 
to amendment in either the House of Representatives 
or the Senate.
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† HR 4310 EAS1S 
(7) CONSIDERATION BY THE OTHER HOUSE.—If, 
before passing the military compensation and retire-
ment modernization bill, one House receives from the 
other a military compensation and retirement mod-
ernization bill— 
(A) the military compensation and retire-
ment modernization bill of the other House shall 
not be referred to a committee; and 
(B) the procedure in the receiving House 
shall be the same as if no military compensation 
and retirement modernization bill had been re-
ceived from the other House until the vote on 
passage, when the military compensation and re-
tirement modernization bill received from the 
other House shall supplant the military com-
pensation and retirement modernization bill of 
the receiving House. 
SEC. 1608. PAY FOR MEMBERS OF THE COMMISSION. 
(a) IN GENERAL.—Each member, other than the 
Chair, of the Commission shall be paid at a rate equal to 
the daily equivalent of the annual rate of basic pay payable 
for level IV of the Executive Schedule under section 5315 
of title 5, United States Code, for each day (including travel 
time) during which the member is engaged in the actual 
performance of duties vested in the Commission.
842 
† HR 4310 EAS1S 
(b) CHAIR.—The Chair of the Commission shall be 
paid at a rate equal to the daily equivalent of the annual 
rate of basic pay payable for level III of the Executive 
Schedule under section 5314, of title 5, United States Code, 
for each day (including travel time) during which the mem-
ber is engaged in the actual performance of duties vested 
in the Commission. 
SEC. 1609. EXECUTIVE DIRECTOR. 
(a) APPOINTMENT.—The Commission shall appoint 
and fix the rate of basic pay for an Executive Director in 
accordance with section 3161 of title 5, United States Code. 
(b) LIMITATIONS.—The Executive Director may not 
have served on active duty in the Armed Forces or as a 
civilian employee of the Department of Defense during the 
one-year period preceding the date of such appointment and 
may not have been employed by a veterans service organiza-
tion or a military-related advocacy group or association 
during that one-year period. 
SEC. 1610. STAFF. 
(a) IN GENERAL.—Subject to subsections (b) and (c), 
the Executive Director, with the approval of the Commis-
sion, may appoint and fix the rate of basic pay for addi-
tional personnel as staff of the Commission in accordance 
with section 3161 of title 5, United States Code. 
(b) LIMITATIONS ON STAFF.—
843 
† HR 4310 EAS1S 
(1) NUMBER OF DETAILEES FROM DEPARTMENT 
OF DEFENSE.—Not more than one-third of the per-
sonnel employed by or detailed to the Commission 
may be on detail from the Department of Defense. 
(2) PRIOR DUTIES WITHIN DEPARTMENT OF DE-
FENSE.—A person may not be detailed from the De-
partment of Defense to the Commission if, in the year 
before the detail is to begin, that person participated 
personally and substantially in any matter within 
the Department concerning the preparation of rec-
ommendations for military compensation and retire-
ment modernization. 
(3) NUMBER OF DETAILEES ELIGIBLE FOR MILI-
TARY RETIRED PAY.—Not more than one-fourth of the 
personnel employed by or detailed to the Commission 
may be persons eligible for or receiving military re-
tired pay. 
(4) PRIOR EMPLOYMENT WITH CERTAIN ORGANI-
ZATIONS.—A person may not be employed by or de-
tailed to the Commission if, in the year before the em-
ployment or detail is to begin, that person was em-
ployed by a veterans service organization or a mili-
tary-related advocacy group or association.
844 
† HR 4310 EAS1S 
(c) LIMITATIONS
ON PERFORMANCE REVIEWS.—No 
member of the Armed Forces, and no officer or employee 
of the Department of Defense, may— 
(1) prepare any report concerning the effective-
ness, fitness, or efficiency of the performance of the 
staff of the Commission or any person detailed from 
the Department to that staff; 
(2) review the preparation of such a report; or 
(3) approve or disapprove such a report. 
SEC. 1611. CONTRACTING AUTHORITY. 
The Commission may lease space and acquire personal 
property to the extent funds are available. 
SEC. 1612. JUDICIAL REVIEW PRECLUDED. 
The following shall not be subject to judicial review: 
(1) Actions of the President, the Secretary, and 
the Commission under section 1606. 
(2) Actions of the President under section 
1607(a). 
SEC. 1613. TERMINATION. 
Except as otherwise provided in this title, the Commis-
sion shall terminate not later than 26 months after the 
Commission establishment date. 
SEC. 1614. FUNDING. 
Of the amounts authorized to be appropriated by this 
division for the Department of Defense for fiscal year 2013,
845 
† HR 4310 EAS1S 
up to $10,000,000 shall be available to the Commission to 
carry out its duties under this title. Funds available to the 
Commission under the preceding sentence shall remain 
available until expended. 
TITLE XVII—NATIONAL COMMIS-
SION ON THE STRUCTURE OF 
THE AIR FORCE 
SEC. 1701. SHORT TITLE. 
This title may be cited as the ‘‘National Commission 
on the Structure of the Air Force Act of 2012’’. 
SEC. 1702. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established the Na-
tional Commission on the Structure of the Air Force (in 
this title referred to as the ‘‘Commission’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of eight members, of whom— 
(A) four shall be appointed by the Presi-
dent, of whom one shall be the Chairman of the 
Reserve Forces Policy Board; 
(B) one shall be appointed by the Chairman 
of the Committee on Armed Services of the Sen-
ate;
846 
† HR 4310 EAS1S 
(C) one shall be appointed by the Ranking 
Member of the Committee on Armed Services of 
the Senate; 
(D) one shall be appointed by the Chairman 
of the Committee on Armed Services of the House 
of Representatives; and 
(E) one shall be appointed by the Ranking 
Member of the Committee on Armed Services of 
the House of Representatives. 
(2) APPOINTMENT DATE.—The appointments of 
the members of the Commission shall be made not 
later than 90 days after the date of the enactment of 
this Act. 
(3) EFFECT OF LACK OF APPOINTMENT BY AP-
POINTMENT
DATE.—If one or more appointments 
under subparagraph (A) of paragraph (1) is not 
made by the appointment date specified in paragraph 
(2), the authority to make such appointment or ap-
pointments shall expire, and the number of members 
of the Commission shall be reduced by the number 
equal to the number of appointments so not made. If 
an appointment under subparagraph (B), (C), (D), or 
(E) of paragraph (1) is not made by the appointment 
date specified in paragraph (2), the authority to 
make an appointment under such subparagraph shall
847 
† HR 4310 EAS1S 
expire, and the number of members of the Commission 
shall be reduced by the number equal to the number 
otherwise appointable under such subparagraph. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members 
shall be appointed for the life of the Commission. Any va-
cancy in the Commission shall not affect its powers, but 
shall be filled in the same manner as the original appoint-
ment. 
(d) INITIAL MEETING.—Not later than 30 days after 
the date on which all members of the Commission have been 
appointed, the Commission shall hold its first meeting. 
(e) MEETINGS.—The Commission shall meet at the call 
of the Chair. 
(f) QUORUM.—A majority of the members of the Com-
mission shall constitute a quorum, but a lesser number of 
members may hold hearings. 
(g) CHAIR AND VICE CHAIRMAN.—The Commission 
shall select a Chair and Vice Chair from among its mem-
bers. 
SEC. 1703. DUTIES OF THE COMMISSION. 
(a) STUDY.— 
(1) IN GENERAL.—The Commission shall under-
take a comprehensive study of the current structure of 
the Air Force to determine whether, and how, the 
structure should be modified to best fulfill current and
848 
† HR 4310 EAS1S 
anticipated mission requirements for the Air Force in 
a manner consistent with available resources. 
(2) CONSIDERATIONS.—In considering an alter-
native structure for the Air Force, the Commission 
shall give particular consideration to identifying a 
structure that— 
(A) meets current and anticipated require-
ments of the combatant commands; 
(B) achieves an appropriate balance be-
tween the regular and reserve components of the 
Air Force, taking advantage of the unique 
strengths and capabilities of each; 
(C) ensures that the reserve components of 
the Air Force have the capacity needed to sup-
port current and anticipated homeland defense 
and disaster assistance missions in the United 
States; 
(D) provides for sufficient numbers of reg-
ular members of the Air Force to provide a base 
of trained personnel from which the personnel of 
the reserve components of the Air Force could be 
recruited; 
(E) maintains a peacetime rotation force to 
avoid exceeding operational tempo goals of 1:2 
for regular members of the Air Forces and 1:5 for
849 
† HR 4310 EAS1S 
members of the reserve components of the Air 
Force; and 
(F) maximizes achievable costs savings. 
(b) REPORT.—Not later than March 31, 2014, the 
Commission shall submit to the President and the congres-
sional defense committees a report which shall contain a 
detailed statement of the findings and conclusions of the 
Commission as a result of the study required by subsection 
(a), together with its recommendations for such legislation 
and administrative actions as it considers appropriate in 
light of the results of the study. 
SEC. 1704. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission may hold such hear-
ings, sit and act at such times and places, take such testi-
mony, and receive such evidence as the Commission con-
siders advisable to carry out this title. 
(b) INFORMATION FROM FEDERAL AGENCIES.—The 
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out this title. Upon request of the 
Chair of the Commission, the head of such department or 
agency shall furnish such information to the Commission. 
(c) POSTAL SERVICES.—The Commission may use the 
United States mails in the same manner and under the
850 
† HR 4310 EAS1S 
same conditions as other departments and agencies of the 
Federal Government. 
(d) GIFTS.—The Commission may accept, use, and 
dispose of gifts or donations of services or property. 
SEC. 1705. COMMISSION PERSONNEL MATTERS. 
(a) COMPENSATION OF MEMBERS.—Each member of 
the Commission who is not an officer or employee of the 
Federal Government shall be compensated at a rate equal 
to the daily equivalent of the annual rate of basic pay pre-
scribed for level IV of the Executive Schedule under section 
5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the 
performance of the duties of the Commission. All members 
of the Commission who are officers or employees of the 
United States shall serve without compensation in addition 
to that received for their services as officers or employees 
of the United States. 
(b) TRAVEL EXPENSES.—The members of the Commis-
sion shall be allowed travel expenses, including per diem 
in lieu of subsistence, at rates authorized for employees of 
agencies under subchapter I of chapter 57 of title 5, United 
States Code, while away from their homes or regular places 
of business in the performance of services for the Commis-
sion. 
(c) STAFF.—
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† HR 4310 EAS1S 
(1) IN GENERAL.—The Chair of the Commission 
may, without regard to the civil service laws and reg-
ulations, appoint and terminate an executive director 
and such other additional personnel as may be nec-
essary to enable the Commission to perform its duties. 
The employment of an executive director shall be sub-
ject to confirmation by the Commission. 
(2) COMPENSATION.—The Chair of the Commis-
sion may fix the compensation of the executive direc-
tor and other personnel without regard to chapter 51 
and subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions and 
General Schedule pay rates, except that the rate of 
pay for the executive director and other personnel 
may not exceed the rate payable for level V of the Ex-
ecutive Schedule under section 5316 of such title. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed-
eral Government employee may be detailed to the Commis-
sion without reimbursement, and such detail shall be with-
out interruption or loss of civil service status or privilege. 
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chair of the Commission may pro-
cure temporary and intermittent services under section 
3109(b) of title 5, United States Code, at rates for individ-
uals which do not exceed the daily equivalent of the annual
852 
† HR 4310 EAS1S 
rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of such title. 
SEC. 1706. TERMINATION OF THE COMMISSION. 
The Commission shall terminate 90 days after the date 
on which the Commission submits its report under section 
1703. 
SEC. 1707. FUNDING. 
Amounts authorized to be appropriated for fiscal year 
2013 and available for operation and maintenance for the 
Air Force as specified in the funding table in section 4301 
may be available for the activities of the Commission under 
this title. 
SEC. 1708. LIMITATION ON AVAILABILITY OF FUNDS FOR 
REDUCTIONS TO THE AIR NATIONAL GUARD 
AND THE AIR FORCE RESERVE. 
(a) IN GENERAL.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2013 for the Air Force may be used to divest, 
retire, or transfer, or prepare to divest, retire, or transfer, 
any aircraft of the Air Force assigned to units of the Air 
National Guard or Air Force Reserve as of May 31, 2012. 
(b) EXCEPTION.—The Secretary of the Air Force may 
divest or retire, or prepare to divest or retire, C–5A aircraft 
if the Secretary replaces such aircraft through a transfer 
of C–5B, C–5M, or C–17 mobility aircraft so as to main-
853 
† HR 4310 EAS1S 
tain all Air National Guard and Air Force Reserve units 
impacted by such divestment or retirement at current or 
higher assigned manpower levels to operate the aircraft so 
transferred. 
SEC. 1709. FUNDING FOR MAINTENANCE OF FORCE STRUC-
TURE OF THE AIR FORCE PENDING COMMIS-
SION RECOMMENDATIONS. 
There is hereby authorized to be appropriated to the 
Department of Defense for fiscal year 2013, $1,400,000,000 
for the force structure of the Air Force. The amount author-
ized to be appropriated by this section is in addition to 
any other amounts authorized to be appropriated by this 
Act. 
SEC. 1710. RETENTION OF CORE FUNCTIONS OF THE ELEC-
TRONIC SYSTEMS CENTER AT HANSCOM AIR 
FORCE BASE PENDING FUTURE STRUCTURE 
STUDY. 
The Secretary of the Air Force shall retain the current 
leadership rank and core functions of the Electronic Sys-
tems Center at Hanscom Air Force Base with the same inte-
grated mission elements, responsibilities, and capabilities 
as existed as of November 1, 2011, until 180 days after the 
National Commission on the Structure of the Air Force sub-
mits to the congressional defense committees the report re-
quired under section 1703.