H. R. 4310—226 
rebuttals, or additional information pertaining to past perform-
ance for inclusion in such databases. 
(3) That agency evaluations of contractor past performance, 
including any comments, rebuttals, or additional information 
submitted under paragraph (2), are included in the relevant 
past performance database not later than the date that is 
14 days after the date of delivery of the information provided 
in accordance with paragraph (1). 
(d) CONSTRUCTION.—Nothing in this section shall be construed 
to prohibit a contractor from submitting comments, rebuttals, or 
additional information pertaining to past performance after the 
period described in subsection (c)(2) has elapsed or to prohibit 
a contractor from challenging a past performance evaluation in 
accordance with applicable laws, regulations, or procedures. 
(e) COMPTROLLER GENERAL REPORT.—Not later than 18 months 
after the date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the appropriate committees 
of Congress a report on the actions taken by the Federal Acquisition 
Regulatory Council pursuant to this section, including an assess-
ment of the following: 
(1) The extent to which the strategy required by subsection 
(a) is consistent with the strategy developed by the Under 
Secretary of Defense for Acquisition, Technology, and Logistics 
as described in subsection (a)(2). 
(2) The extent to which the actions of the Federal Acquisi-
tion Regulatory Council pursuant to this section have otherwise 
achieved the objectives of this section. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Relations, the Committee on Homeland Security 
and Governmental Affairs, and the Committee on Appro-
priations of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, the Committee on Oversight and 
Government Reform, and the Committee on Appropriations 
of the House of Representatives. 
(2) The term ‘‘executive agency’’ has the meaning given 
that term in section 133 of title 41, United States Code, except 
that the term excludes the Department of Defense and the 
military departments. 
(3) The term ‘‘Federal Acquisition Regulatory Council’’ 
means the Federal Acquisition Regulatory Council under sec-
tion 1302(a) of title 41, United States Code. 
Subtitle E—Other Matters 
SEC. 861. REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND 
DEBARMENT 
OFFICIALS 
OF 
THE 
DEPARTMENT 
OF 
DEFENSE, THE DEPARTMENT OF STATE, AND THE UNITED 
STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. 
(a) REQUIREMENTS.—Not later than 180 days after the date 
of the enactment of this Act, the head of the covered agency con-
cerned shall ensure the following: 
(1) There shall be not less than one suspension and debar-
ment official—
H. R. 4310—227 
(A) in the case of the Department of Defense, for each 
of the Department of the Army, the Department of the 
Navy, the Department of the Air Force, and the Defense 
Logistics Agency; 
(B) for the Department of State; and 
(C) for the United States Agency for International 
Development. 
(2) A suspension and debarment official under paragraph 
(1) may not report to or be subject to the supervision of the 
acquisition office or the Inspector General— 
(A) in the case of the Department of Defense, of either 
the Department of Defense or the military department 
or Defense Agency concerned; and 
(B) in the case of the Department of State and the 
United States Agency for International Development, of 
the covered agency concerned. 
(3) Each suspension and debarment official under para-
graph (1) shall have a staff and resources adequate for the 
discharge of the suspension and debarment responsibilities of 
such official. 
(4) Each suspension and debarment official under para-
graph (1) shall document the basis for any final decision taken 
pursuant to a formal referral in accordance with the policies 
established under paragraph (5). 
(5) Each suspension and debarment official under para-
graph (1) shall, in consultation with the General Counsel of 
the covered agency, establish in writing policies for the consider-
ation of the following: 
(A) Formal referrals of suspension and debarment mat-
ters. 
(B) Suspension and debarment matters that are not 
formally referred. 
(b) DUTIES OF INTERAGENCY COMMITTEE ON DEBARMENT AND 
SUSPENSION.—Section 873 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (31 U.S.C. 6101 note) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, including with 
respect to contracts in connection with contingency oper-
ations’’ before the semicolon; and 
(B) in paragraph (7)— 
(i) in subparagraph (B), by striking ‘‘and’’ at the 
end; 
(ii) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following new 
subparagraph: 
‘‘(D) a summary of suspensions, debarments, and 
administrative agreements during the previous year.’’; and 
(2) by striking subsection (b) and inserting the following 
new subsections: 
‘‘(b) DATE OF SUBMITTAL OF ANNUAL REPORTS.—The annual 
report required by subsection (a)(7) shall be submitted not later 
than January 31 of each year, beginning with January 31, 2014. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘contingency operation’ has the meaning given 
that term in section 101(a)(13) of title 10, United States Code.
H. R. 4310—228 
‘‘(2) The term ‘Interagency Committee on Debarment and 
Suspension’ means the committee constituted under sections 
4 and 5 of Executive Order No. 12549.’’. 
(c) COVERED AGENCY.—In this section, the term ‘‘covered 
agency’’ means the Department of Defense, the Department of State, 
and the United States Agency for International Development. 
SEC. 862. UNIFORM CONTRACT WRITING SYSTEM REQUIREMENTS. 
(a) UNIFORM STANDARDS AND CONTROLS REQUIRED.—Not later 
than 180 days after the date of the enactment of this Act, the 
officials specified in subsection (b) shall— 
(1) establish uniform data standards, internal control 
requirements, independent verification and validation require-
ments, and business process rules for processing procurement 
requests, contracts, receipts, and invoices by the Department 
of Defense or other executive agencies, as applicable; 
(2) establish and maintain one or more approved electronic 
contract writing systems that conform with the standards, 
requirements, and rules established pursuant to paragraph (1); 
and 
(3) require the use of electronic contract writing systems 
approved in accordance with paragraph (2) for all contracts 
entered into by the Department of Defense or other executive 
agencies, as applicable. 
(b) COVERED OFFICIALS.—The officials specified in this sub-
section are the following: 
(1) The Secretary of Defense, with respect to the Depart-
ment of Defense and the military departments. 
(2) The Administrator for Federal Procurement Policy, with 
respect to the executive agencies other than the Department 
of Defense and the military departments. 
(c) ELECTRONIC WRITING SYSTEMS FOR DEPARTMENT OF STATE 
AND USAID.—Notwithstanding subsection (b)(2), the Secretary of 
State and the Administrator of the United States Agency for Inter-
national Development may meet the requirements of subsection 
(a)(2) with respect to approved electronic contract writing systems 
for the Department of State and the United States Agency for 
International Development, respectively, if the Secretary and the 
Administrator, as the case may be, demonstrate to the Adminis-
trator for Federal Procurement Policy that prior investment of 
resources in existing contract writing systems will result in the 
most cost effective and efficient means to satisfy such requirements. 
(d) PHASE-IN
OF
IMPLEMENTATION
OF
REQUIREMENT
FOR 
APPROVED SYSTEMS.—The officials specified in subsection (b) may 
phase in the implementation of the requirement to use approved 
electronic contract writing systems in accordance with subsection 
(a)(3) over a period of up to five years beginning with the date 
of the enactment of this Act. 
(e) REPORTS.—Not later than 180 days after the date of the 
enactment of this Act, the officials specified in subsection (b) shall 
each submit to the appropriate committees of Congress a report 
on the implementation of the requirements of this section. Each 
report shall, at a minimum— 
(1) describe the standards, requirements, and rules estab-
lished pursuant to subsection (a)(1); 
(2) identify the electronic contract writing systems 
approved pursuant to subsection (a)(2) and, if multiple systems
H. R. 4310—229 
are approved, explain why the use of such multiple systems 
is the most efficient and effective approach to meet the contract 
writing needs of the Federal Government; and 
(3) provide the schedule for phasing in the use of approved 
electronic contract writing systems in accordance with sub-
sections (a)(3) and (d). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Relations, the Committee on Homeland Security 
and Governmental Affairs, and the Committee on Appro-
priations of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, the Committee on Oversight and 
Government Reform, and the Committee on Appropriations 
of the House of Representatives. 
(2) The term ‘‘executive agency’’ has the meaning given 
that term in section 133 of title 41, United States Code. 
SEC. 863. EXTENSION OF OTHER TRANSACTION AUTHORITY. 
Section 845(i) of the National Defense Authorization Act for 
Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking 
‘‘September 30, 2013’’ and inserting ‘‘September 30, 2018’’. 
SEC. 864. REPORT ON ALLOWABLE COSTS OF COMPENSATION OF CON-
TRACTOR EMPLOYEES. 
(a) REPORT REQUIRED.—Not later than 120 days after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report on the effect of reducing 
the allowable costs of contractor compensation of employees to 
the amount payable to the President under section 102 of title 
3, United States Code, or to the amount payable to the Vice Presi-
dent under section 104 of such title. 
(b) MATTERS COVERED.—The report shall include, at a min-
imum, the following: 
(1) An estimate of the total number of contractor employees 
whose allowable costs of compensation in each of fiscal years 
2010, 2011, and 2012 would have exceeded the amount of 
allowable costs under section 2324(e)(1)(P) of title 10, United 
States Code. 
(2) An estimate of the total number of contractor employees 
whose allowable costs of compensation in each of fiscal years 
2010, 2011, and 2012 exceeded the amount payable to the 
President under section 102 of title 3, United States Code. 
(3) An estimate of the total number of contractor employees 
whose allowable costs of compensation in fiscal year 2012 
exceeded the amount payable to the Vice President under sec-
tion 104 of title 3, United States Code. 
(4) An estimate of the total number of contractor employees 
in fiscal year 2012 that could have been characterized as falling 
within a narrowly targeted exception established by the Sec-
retary of Defense under section 2324(e)(1)(P) of title 10, United 
States Code, as a result of the amendment made by section 
803(a)(2) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1485). 
(5) A description of the duties and services performed in 
fiscal year 2012 by employees who were characterized by their
H. R. 4310—230 
employers as falling within a narrowly targeted exception 
described in paragraph (4). 
(6) An assessment of whether the compensation amounts 
provided in fiscal year 2012 to employees who were character-
ized by their employers as falling within a narrowly targeted 
exception described in paragraph (4) were provided in a manner 
consistent with private sector practice. 
(7) An assessment of the extent to which contractor 
employees received compensation in the form of vested or 
unvested stock options. 
(8) An assessment of the potential impact on the Depart-
ment of Defense, contractors of the Department of Defense, 
and employees of such contractors of adjusting the amount 
of allowable costs of contractor compensation to the amount 
specified in paragraph (2) or the amount specified in paragraph 
(3). 
(9) Such recommendations as the Comptroller General con-
siders appropriate. 
SEC. 865. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS. 
(a) IN GENERAL.—Not later than 90 days after the end of 
each of fiscal years 2013 through 2016, the Secretary of Defense 
shall submit to the appropriate committees of Congress a report 
on any actions described in subsection (b) which occurred during 
the preceding fiscal years. 
(b) ACTIONS DESCRIBED.— 
(1) IN GENERAL.—An action described in this subsection 
is the Secretary of Defense— 
(A) entering into a contract that includes an indem-
nification provision relating to bodily injury caused by neg-
ligence or relating to wrongful death; or 
(B) modifying an existing contract to include a provi-
sion described in subparagraph (A) in a contract. 
(2) EXCLUDED CONTRACTS.—Paragraph (1) shall not apply 
to any contract awarded in accordance with— 
(A) section 2354 of title 10, United States Code; or 
(B) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.). 
(c) MATTERS INCLUDED.—For each action covered in a report 
under subsection (a), the report shall include— 
(1) the name of the contractor; 
(2) a description of the indemnification provision included 
in the contract; and 
(3) a justification for the contract including the indemnifica-
tion provision. 
(d) FORM.—Each report under subsection (a) shall be submitted 
in unclassified form, but may include a classified annex. 
(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services, the Committee on 
the Budget, and the Committee on Appropriations of the Senate; 
and 
(2) the Committee on Armed Services, the Committee on 
the Budget, and the Committee on Appropriations of the House 
of Representatives.
H. R. 4310—231 
SEC. 866. PLAN TO INCREASE NUMBER OF CONTRACTORS ELIGIBLE 
FOR CONTRACTS UNDER AIR FORCE NETCENTS-2 CON-
TRACT. 
(a) PLAN REQUIRED.—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 plan to increase the 
number of contractors eligible to be awarded contracts under the 
Air Force’s Network-Centric Solutions-2 (NETCENTS-2) indefinite- 
delivery, indefinite-quantity (IDIQ) contract. 
(b) CONTENT.—The plan required under subsection (a) shall 
include the following elements: 
(1) A recommendation and rationale for a maximum 
number of contractors to be eligible for contract awards under 
NETCENTS-2 to foster competition and reduce overall costs 
associated with hardware and operation and maintenance of 
Air Networks. 
(2) The methodology used to periodically review existing 
eligible NETCENTS-2 contractors and contracts. 
(3) A timeline to increase the current number of eligible 
contractors under NETCENTS-2 and dates of future ‘‘on-ramps’’ 
under NETCENTS-2 to assess current eligible contractors and 
add additional eligible contractors. 
SEC. 867. INCLUSION OF INFORMATION ON PREVALENT GROUNDS FOR 
SUSTAINING BID PROTESTS IN ANNUAL PROTEST REPORT 
BY COMPTROLLER GENERAL TO CONGRESS. 
Section 3554(e)(2) of title 31, United States Code, is amended 
by adding at the end the following: ‘‘The report shall also include 
a summary of the most prevalent grounds for sustaining protests 
during such preceding year.’’. 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for Manufac-
turing and Industrial Base Policy and amendments to Strategic Mate-
rials Protection Board. 
Sec. 902. Requirement for focus on urgent operational needs and rapid acquisition. 
Sec. 903. Designation of Department of Defense senior official for enterprise re-
source planning system data conversion. 
Sec. 904. Additional responsibilities and resources for Deputy Assistant Secretary 
of Defense for Developmental Test and Evaluation. 
Sec. 905. Definition and report on terms ‘‘preparation of the environment’’ and 
‘‘operational preparation of the environment’’ for joint doctrine purposes. 
Sec. 906. Information for Deputy Chief Management Officer of the Department of 
Defense from the military departments and Defense Agencies for de-
fense business system investment reviews. 
Subtitle B—Space Activities 
Sec. 911. Reports on integration of acquisition and capability delivery schedules for 
segments of major satellite acquisition programs and funding for such 
programs. 
Sec. 912. Commercial space launch cooperation. 
Sec. 913. Limitation on international agreements concerning outer space activities. 
Sec. 914. Operationally Responsive Space Program Office. 
Sec. 915. Report on overhead persistent infrared technology. 
Sec. 916. Assessment of foreign components and the space launch capability of the 
United States. 
Sec. 917. Report on counter space technology.
H. R. 4310—232 
Subtitle C—Intelligence-Related Activities 
Sec. 921. Authority to provide geospatial intelligence support to certain security al-
liances and regional organizations. 
Sec. 922. Technical amendments to reflect change in name of National Defense In-
telligence College to National Intelligence University. 
Sec. 923. Review of Army Distributed Common Ground System. 
Sec. 924. Electro-optical imagery. 
Sec. 925. Defense Clandestine Service. 
Subtitle D—Cyberspace-Related Matters 
Sec. 931. Implementation strategy for Joint Information Environment. 
Sec. 932. Next-generation host-based cyber security system for the Department of 
Defense. 
Sec. 933. Improvements in assurance of computer software procured by the Depart-
ment of Defense. 
Sec. 934. Competition in connection with Department of Defense tactical data link 
systems. 
Sec. 935. Collection and analysis of network flow data. 
Sec. 936. Competition for large-scale software database and data analysis tools. 
Sec. 937. Software licenses of the Department of Defense. 
Sec. 938. Sense of Congress on potential security risks to Department of Defense 
networks. 
Sec. 939. Quarterly cyber operations briefings. 
Sec. 940. Sense of Congress on the United States Cyber Command. 
Sec. 941. Reports to Department of Defense on penetrations of networks and infor-
mation systems of certain contractors. 
Subtitle E—Other Matters 
Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of Staff and 
Joint Requirements Oversight Council. 
Sec. 952. Enhancement of responsibilities of the Chairman of the Joint Chiefs of 
Staff regarding the national military strategy. 
Sec. 953. One-year extension of authority to waive reimbursement of costs of activi-
ties for nongovernmental personnel at Department of Defense regional 
centers for security studies. 
Sec. 954. National Language Service Corps. 
Sec. 955. Savings to be achieved in civilian personnel workforce and service con-
tractor workforce of the Department of Defense. 
Sec. 956. Expansion of persons eligible for expedited Federal hiring following com-
pletion of National Security Education Program scholarship. 
Subtitle A—Department of Defense 
Management 
SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SECRETARY 
OF DEFENSE FOR MANUFACTURING AND INDUSTRIAL 
BASE POLICY AND AMENDMENTS TO STRATEGIC MATE-
RIALS PROTECTION BOARD. 
(a) RESPONSIBILITIES OF DEPUTY ASSISTANT SECRETARY.—Sec-
tion 139c(b) of title 10, United States Code, is amended— 
(1) by striking paragraphs (1) through (4) and inserting 
the following: 
‘‘(1) Providing input to strategy reviews, including quadren-
nial defense reviews conducted pursuant to section 118 of this 
title, on matters related to— 
‘‘(A) the defense industrial base; and 
‘‘(B) materials critical to national security. 
‘‘(2) Establishing policies of the Department of Defense 
for developing and maintaining the defense industrial base 
of the United States and ensuring a secure supply of materials 
critical to national security. 
‘‘(3) Providing recommendations on budget matters per-
taining to the industrial base, the supply chain, and the
H. R. 4310—233 
development and retention of skills necessary to support the 
industrial base. 
‘‘(4) Providing recommendations and acquisition policy 
guidance on supply chain management and supply chain vulner-
ability throughout the entire supply chain, from suppliers of 
raw materials to producers of major end items.’’; 
(2) by striking paragraph (5) and redesignating paragraphs 
(6), (7), (8), (9), and (10) as paragraphs (5), (6), (7), (8), and 
(9), respectively; 
(3) by inserting after paragraph (9), as so redesignated, 
the following new paragraph (10): 
‘‘(10) Providing policy and oversight of matters related to 
materials critical to national security to ensure a secure supply 
of such materials to the Department of Defense.’’; 
(4) by redesignating paragraph (15) as paragraph (18); 
and 
(5) by inserting after paragraph (14) the following new 
paragraphs: 
‘‘(15) Coordinating with the Director of Small Business 
Programs on all matters related to industrial base policy of 
the Department of Defense. 
‘‘(16) Ensuring reliable sources of materials critical to 
national security, such as specialty metals, armor plate, and 
rare earth elements. 
‘‘(17) Establishing policies of the Department of Defense 
for continued reliable resource availability from secure sources 
for the industrial base of the United States.’’. 
(b) MATERIALS CRITICAL TO NATIONAL SECURITY DEFINED.— 
Section 139c of such title is further amended by adding at the 
end the following new subsection: 
‘‘(d) MATERIALS CRITICAL TO NATIONAL SECURITY DEFINED.— 
In this section, the term ‘materials critical to national security’ 
has the meaning given that term in section 187(e)(1) of this title.’’. 
(c) AMENDMENTS
TO
STRATEGIC
MATERIALS
PROTECTION 
BOARD.— 
(1) MEMBERSHIP.—Paragraph (2) of section 187(a) of such 
title is amended to read as follows: 
‘‘(2) The Board shall be composed of the following: 
‘‘(A) The Deputy Assistant Secretary of Defense for Manu-
facturing and Industrial Base Policy, who shall be the chairman 
of the Board. 
‘‘(B) The Administrator of the Defense Logistics Agency 
Strategic Materials, or any successor organization, who shall 
be the vice chairman of the Board. 
‘‘(C) A designee of the Assistant Secretary of the Army 
for Acquisition, Logistics, and Technology. 
‘‘(D) A designee of the Assistant Secretary of the Navy 
for Research, Development, and Acquisition. 
‘‘(E) A designee of the Assistant Secretary of the Air Force 
for Acquisition.’’. 
(2) DUTIES.—Paragraphs (3) and (4) of section 187(b) of 
such title are each amended by striking ‘‘President’’ and 
inserting ‘‘Secretary’’. 
(3) MEETINGS.—Section 187(c) of such title is amended 
by striking ‘‘Secretary of Defense’’ and inserting ‘‘Deputy Assist-
ant Secretary of Defense for Manufacturing and Industrial Base 
Policy’’.
H. R. 4310—234 
(4) REPORTS.—Section 187(d) of such title is amended to 
read as follows: 
‘‘(d) REPORTS.—(1) Subject to paragraph (2), after each meeting 
of the Board, the Board shall prepare a report containing the 
results of the meeting and such recommendations as the Board 
determines appropriate. Each such report shall be submitted to 
the congressional defense committees, together with comments and 
recommendations from the Secretary of Defense, not later than 
90 days after the meeting covered by the report. 
‘‘(2) In any year in which the Board meets more than once, 
each report prepared by the Board as required by paragraph (1) 
may be combined into one annual report and submitted as provided 
by paragraph (1) not later than 90 days after the last meeting 
of the year.’’. 
SEC. 902. REQUIREMENT FOR FOCUS ON URGENT OPERATIONAL 
NEEDS AND RAPID ACQUISITION. 
(a) DESIGNATION OF SENIOR OFFICIAL RESPONSIBLE FOR FOCUS 
ON URGENT OPERATIONAL NEEDS AND RAPID ACQUISITION.— 
(1) IN GENERAL.—The Secretary of Defense, after consulta-
tion with the Secretaries of the military departments, shall 
designate a senior official in the Office of the Secretary of 
Defense as the principal official of the Department of Defense 
responsible for leading the Department’s actions on urgent 
operational needs and rapid acquisition, in accordance with 
this section. 
(2) STAFF AND RESOURCES.—The Secretary shall assign to 
the senior official designated under paragraph (1) appropriate 
staff and resources necessary to carry out the official’s functions 
under this section. 
(b) RESPONSIBILITIES.—The senior official designated under sub-
section (a) shall be responsible for the following: 
(1) Acting as an advocate within the Department of Defense 
for issues related to the Department’s ability to rapidly respond 
to urgent operational needs, including programs funded and 
carried out by the military departments. 
(2) Improving visibility of urgent operational needs 
throughout the Department, including across the military 
departments, the Defense Agencies, and all other entities and 
processes in the Department that address urgent operational 
needs. 
(3) Ensuring that tools and mechanisms are used to track, 
monitor, and manage the status of urgent operational needs 
within the Department, from validation through procurement 
and fielding, including a formal feedback mechanism for the 
Armed Forces to provide information on how well fielded solu-
tions are meeting urgent operational needs. 
(c) URGENT OPERATIONAL NEEDS DEFINED.—In this section, 
the term ‘‘urgent operational needs’’ means capabilities that are 
determined by the Secretary of Defense, pursuant to the review 
process required by section 804(b) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302 
note), to be suitable for rapid fielding in response to urgent oper-
ational needs.
H. R. 4310—235 
SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFI-
CIAL FOR ENTERPRISE RESOURCE PLANNING SYSTEM 
DATA CONVERSION. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall— 
(1) designate a senior official of the Department of Defense 
as the official with principal responsibility for coordination 
and management oversight of data conversion for all enterprise 
resource planning systems of the Department; and 
(2) set forth the responsibilities of that senior official with 
respect to such data conversion. 
SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR 
DEPUTY 
ASSISTANT 
SECRETARY 
OF 
DEFENSE 
FOR 
DEVELOPMENTAL TEST AND EVALUATION. 
(a) DIRECT COMMUNICATION.—Section 139b(a)(3) of title 10, 
United States Code, is amended by striking ‘‘to the Under Secretary’’ 
before the period and inserting ‘‘to the Under Secretary. The Deputy 
Assistant Secretary may communicate views on matters within 
the responsibility of the Deputy Assistant Secretary directly to 
the Under Secretary without obtaining the approval or concurrence 
of any other official within the Department of Defense’’. 
(b) DUTIES.—Section 139b(a)(5) of such title is amended— 
(1) in subparagraph (A)(i), by striking ‘‘in the Department 
of Defense’’ and inserting ‘‘in the military departments and 
other elements of the Department of Defense’’; 
(2) in subparagraph (B), by striking ‘‘review and approve’’ 
and inserting ‘‘review and approve or disapprove’’; 
(3) in subparagraph (C), by striking ‘‘programs’’ and 
inserting ‘‘programs (including the activities of chief develop-
mental testers and lead developmental test evaluation organiza-
tions designated in accordance with subsection (c))’’; 
(4) in subparagraph (E), by striking ‘‘and’’ after the semi-
colon at the end; and 
(5) by redesignating subparagraph (F) as subparagraph 
(G) and by inserting after subparagraph (E) the following new 
subparagraph (F): 
‘‘(F) in consultation with the Assistant Secretary of 
Defense for Research and Engineering, assess the techno-
logical maturity and integration risk of critical technologies 
at key stages in the acquisition process; and’’. 
(c) CONCURRENT SERVICE.—Section 139b(a)(7) of such title is 
amended by striking ‘‘may’’ and inserting ‘‘shall’’. 
(d) RESOURCES.—Section 139b(a) of such title is amended by 
adding at the end the following new paragraph: 
‘‘(8) RESOURCES.— 
‘‘(A) The President shall include in the budget trans-
mitted to Congress, pursuant to section 1105 of title 31, 
for each fiscal year, a separate statement of estimated 
expenditures and proposed appropriations for the fiscal 
year for the activities of the Deputy Assistant Secretary 
of Defense for Developmental Test and Evaluation in car-
rying out the duties and responsibilities of the Deputy 
Assistant Secretary under this section. 
‘‘(B) The Deputy Assistant Secretary of Defense for 
Developmental Test and Evaluation shall have sufficient 
professional staff of military and civilian personnel to
H. R. 4310—236 
enable the Deputy Assistant Secretary to carry out the 
duties and responsibilities prescribed by law.’’. 
(e) CONSULTATIONS RELATING TO TECHNOLOGICAL READINESS.— 
(1) 
CONSULTATION
ON
REPORT
ON
CRITICAL
TECH-
NOLOGIES.—Section 138b(b)(2) of such title is amended by 
striking ‘‘The Assistant Secretary shall submit’’ and inserting 
‘‘The Assistant Secretary, in consultation with the Deputy 
Assistant Secretary of Defense for Developmental Test and 
Evaluation, shall submit’’. 
(2) CONSULTATION
DURING
CERTIFICATION
PROCESS
FOR 
MAJOR
DEFENSE
ACQUISITION
PROGRAMS.—Section 
2366b(a)(3)(D) of such title is amended by striking ‘‘the Assist-
ant Secretary of Defense for Research and Engineering’’ and 
inserting ‘‘the Assistant Secretary of Defense for Research and 
Engineering, in consultation with the Deputy Assistant Sec-
retary of Defense for Developmental Test and Evaluation’’. 
(f) DUTIES
OF
CHIEF
DEVELOPMENTAL
TESTER
AND
LEAD 
DEVELOPMENTAL TEST
AND EVALUATION ORGANIZATION.—Section 
139b(c) of such title is amended— 
(1) in paragraph (2), by striking ‘‘shall be responsible for’’ 
and inserting ‘‘, consistent with policies and guidance issued 
pursuant to subsection (a)(5)(A), shall be responsible for’’; 
(2) in paragraph (3), by striking ‘‘shall be responsible for’’ 
and inserting ‘‘, consistent with policies and guidance issued 
pursuant to subsection (a)(5)(A), shall be responsible for’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(4) TRANSMITTAL
OF
RECORDS
AND
DATA.—The chief 
developmental tester and the lead developmental test and 
evaluation organization for a major defense acquisition program 
shall promptly transmit to the Deputy Assistant Secretary of 
Defense for Developmental Test and Evaluation any records 
or data relating to the program that are requested by the 
Deputy Assistant Secretary, as provided in subsection (a)(6).’’. 
(g) ANNUAL REPORT.—Section 139b(d) of such title is amended— 
(1) in the subsection heading, by striking ‘‘JOINT’’; 
(2) by redesignating paragraphs (1), (2), (3), and (4) as 
subparagraphs (A), (B), (C), and (D), respectively, and moving 
each subparagraph (as so redesignated) two ems to the right; 
(3) by striking ‘‘Not later than March 31’’ and inserting: 
‘‘(1) IN GENERAL.—Not later than March 31’’; 
(4) in the matter appearing before subparagraph (A), as 
so redesignated, by striking ‘‘jointly’’ and inserting ‘‘each’’; and 
(5) by adding at the end the following new paragraph: 
‘‘(2) ADDITIONAL
REQUIREMENTS
FOR
REPORT
BY
DEPUTY 
ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST 
AND EVALUATION.—With respect to the report required under 
paragraph (1) by the Deputy Assistant Secretary of Defense 
for Developmental Test and Evaluation, the report shall 
include— 
‘‘(A) a separate section that covers the activities of 
the Department of Defense Test Resource Management 
Center (established under section 196 of this title) during 
the preceding year; and 
‘‘(B) a separate section that addresses the adequacy 
of the resources available to the Deputy Assistant Secretary 
of Defense for Developmental Test and Evaluation and 
to the lead developmental test and evaluation organizations
H. R. 4310—237 
of the military departments to carry out the responsibilities 
prescribed by this section.’’. 
(h) REPORTS TO CONGRESS ON FAILURE TO COMPLY WITH REC-
OMMENDATIONS.— 
(1) REPORT REQUIRED.—Not later than 60 days after the 
end of each fiscal year, from fiscal year 2013 through fiscal 
year 2018, the Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the congressional 
defense committees a report on each case in which a major 
defense acquisition program, in the preceding fiscal year— 
(A) proceeded to implement a test and evaluation 
master plan notwithstanding a decision of the Deputy 
Assistant Secretary of Defense for Developmental Test and 
Evaluation to disapprove the developmental test and 
evaluation plan within that plan in accordance with section 
139b(a)(5)(B) of title 10, United States Code; or 
(B) proceeded to initial operational testing and evalua-
tion notwithstanding a determination by the Deputy Assist-
ant Secretary of Defense for Developmental Test and 
Evaluation on the basis of an assessment of operational 
test readiness that the program is not ready for operational 
testing. 
(2) MATTERS COVERED.— 
(A) For each program covered by paragraph (1)(A), 
the report shall include the following: 
(i) A description of the specific aspects of the 
developmental test and evaluation plan that the 
Deputy Assistant Secretary determined to be inad-
equate. 
(ii) An explanation of the reasons why the program 
disregarded the Deputy Assistant Secretary’s rec-
ommendations with regard to those aspects of the 
developmental test and evaluation plan. 
(iii) The steps taken to address those aspects of 
the developmental test and evaluation plan and 
address the concerns of the Deputy Assistant Sec-
retary. 
(B) For each program covered by paragraph (1)(B), 
the report shall include the following: 
(i) An explanation of the reasons why the program 
proceeded to initial operational testing and evaluation 
notwithstanding the findings of the assessment of oper-
ational test readiness. 
(ii) A description of the aspects of the approved 
testing and evaluation master plan that had to be 
set aside to enable the program to proceed to initial 
operational testing and evaluation. 
(iii) A description of how the program addressed 
the specific areas of concern raised in the assessment 
of operational test readiness. 
(iv) A statement of whether initial operational 
testing and evaluation identified any significant short-
comings in the program. 
(3) ADDITIONAL CONGRESSIONAL NOTIFICATION.—Not later 
than 30 days after any decision to conduct developmental 
testing on a major defense acquisition program without an 
approved test and evaluation master plan in place, the Under
H. R. 4310—238 
Secretary of Defense for Acquisition, Technology, and Logistics 
shall provide to the congressional defense committees a written 
explanation of the basis for the decision and a timeline for 
getting an approved plan in place. 
SEC. 905. DEFINITION AND REPORT ON TERMS ‘‘PREPARATION OF THE 
ENVIRONMENT’’ AND ‘‘OPERATIONAL PREPARATION OF 
THE ENVIRONMENT’’ FOR JOINT DOCTRINE PURPOSES. 
(a) DEFINITIONS REQUIRED.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
define for purposes of joint doctrine the following terms: 
(1) The term ‘‘preparation of the environment’’. 
(2) The term ‘‘operational preparation of the environment’’. 
(b) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to 
the Committees on Armed Services of the Senate and the 
House of Representatives a report on the terms defined under 
subsection (a). The report shall include the following: 
(A) The definition of the term ‘‘preparation of the 
environment’’ pursuant to subsection (a). 
(B) Examples of activities meeting the definition of 
the term ‘‘preparation of the environment’’ by special oper-
ations forces and general purpose forces. 
(C) The definition of the term ‘‘operational preparation 
of the environment’’ pursuant to subsection (a). 
(D) Examples of activities meeting the definition of 
the term ‘‘operational preparation of the environment’’ by 
special operations forces and general purpose forces. 
(E) An assessment of the appropriate roles of special 
operations forces and general purpose forces in conducting 
activities meeting the definition of the term ‘‘preparation 
of the environment’’ and the definition of the term ‘‘oper-
ational preparation of the environment’’. 
(2) FORM.—The report required by paragraph (1) shall be 
submitted in unclassified form, but may include a classified 
annex. 
SEC. 906. INFORMATION FOR DEPUTY CHIEF MANAGEMENT OFFICER 
OF THE DEPARTMENT OF DEFENSE FROM THE MILITARY 
DEPARTMENTS AND DEFENSE AGENCIES FOR DEFENSE 
BUSINESS SYSTEM INVESTMENT REVIEWS. 
Section 2222(g) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(3)(A) The investment management process required by para-
graph (1) shall include requirements for the military departments 
and the Defense Agencies to make available to the Deputy Chief 
Management Officer such information on covered defense business 
system programs and other business functions as the Deputy Chief 
Management Officer shall require for the review of defense business 
system programs under the process. Such information shall be 
made available to the Deputy Chief Management Officer through 
existing data sources or in a standardized format established by 
the Deputy Chief Management Officer for purposes of this para-
graph.’’.
H. R. 4310—239 
Subtitle B—Space Activities 
SEC. 911. REPORTS ON INTEGRATION OF ACQUISITION AND CAPA-
BILITY DELIVERY SCHEDULES FOR SEGMENTS OF MAJOR 
SATELLITE ACQUISITION PROGRAMS AND FUNDING FOR 
SUCH PROGRAMS. 
(a) IN GENERAL.—Chapter 135 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 2275. Reports on integration of acquisition and capability 
delivery schedules for segments of major satellite 
acquisition programs and funding for such pro-
grams 
‘‘(a) REPORTS REQUIRED.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall submit to the congres-
sional defense committees a report on each major satellite acquisi-
tion program in accordance with subsection (d) that assesses— 
‘‘(1) the integration of the schedules for the acquisition 
and the delivery of the capabilities of the segments for the 
program; and 
‘‘(2) funding for the program. 
‘‘(b) ELEMENTS.—Each report required by subsection (a) with 
respect to a major satellite acquisition program shall include the 
following: 
‘‘(1) The amount of funding approved for the program and 
for each segment of the program that is necessary for full 
operational capability of the program. 
‘‘(2) The dates by which the program and each segment 
of the program is anticipated to reach initial and full oper-
ational capability. 
‘‘(3) A description of the intended primary capabilities and 
key performance parameters of the program. 
‘‘(4) An assessment of the extent to which the schedules 
for the acquisition and the delivery of the capabilities of the 
segments for the program or any related program referred 
to in paragraph (1) are integrated. 
‘‘(5) If the Under Secretary determines pursuant to the 
assessment under paragraph (4) that the program is a non- 
integrated program, an identification of— 
‘‘(A) the impact on the mission of the program of having 
the delivery of the segment capabilities of the program 
more than one year apart; 
‘‘(B) the measures the Under Secretary is taking or 
is planning to take to improve the integration of the 
acquisition and delivery schedules of the segment capabili-
ties; and 
‘‘(C) the risks and challenges that impede the ability 
of the Department of Defense to fully integrate those sched-
ules. 
‘‘(c) CONSIDERATION BY MILESTONE DECISION AUTHORITY.—The 
Milestone Decision Authority shall include the report required by 
subsection (a) with respect to a major satellite acquisition program 
as part of the documentation used to approve the acquisition of 
the program. 
‘‘(d) SUBMITTAL OF REPORTS.—(1) In the case of a major satellite 
acquisition program initiated before the date of the enactment
H. R. 4310—240 
of the National Defense Authorization Act for Fiscal Year 2013, 
the Under Secretary shall submit the report required by subsection 
(a) with respect to the program not later than one year after 
such date of enactment. 
‘‘(2) In the case of a major satellite acquisition program initiated 
on or after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2013, the Under Secretary shall 
submit the report required by subsection (a) with respect to the 
program at the time of the Milestone B approval of the program. 
‘‘(e) NOTIFICATION TO CONGRESS OF NON-INTEGRATED ACQUISI-
TION AND CAPABILITY DELIVERY SCHEDULES.—If, after submitting 
the report required by subsection (a) with respect to a major satellite 
acquisition program, the Under Secretary determines that the pro-
gram is a non-integrated program, the Under Secretary shall, not 
later than 30 days after making that determination, submit to 
the congressional defense committees a report— 
‘‘(1) notifying the committees of that determination; and 
‘‘(2) identifying— 
‘‘(A) the impact on the mission of the program of having 
the delivery of the segment capabilities of the program 
more than one year apart; 
‘‘(B) the measures the Under Secretary is taking or 
is planning to take to improve the integration of the 
acquisition and delivery schedules of the segment capabili-
ties; and 
‘‘(C) the risks and challenges that impede the ability 
of the Department of Defense to fully integrate those sched-
ules. 
‘‘(f) ANNUAL UPDATES FOR NON-INTEGRATED PROGRAMS.— 
‘‘(1) REQUIREMENT.—For each major satellite acquisition 
program that the Under Secretary has determined under sub-
section (b)(5) or subsection (e) is a non-integrated program, 
the Under Secretary shall annually submit to Congress, at 
the same time the budget of the President for a fiscal year 
is submitted under section 1105 of title 31, an update to the 
report required by subsection (a) for such program. 
‘‘(2) TERMINATION OF REQUIREMENT.—The requirement to 
submit an annual report update for a program under paragraph 
(1) shall terminate on the date on which the Under Secretary 
submits to the congressional defense committees notice that 
the Under Secretary has determined that such program is 
no longer a non-integrated program, or on the date that is 
five years after the date on which the initial report update 
required under paragraph (1) is submitted, whichever is earlier. 
‘‘(3) GAO 
REVIEW
OF
CERTAIN
NON-INTEGRATED
PRO-
GRAMS.—If at the time of the termination of the requirement 
to annually update a report for a program under paragraph 
(1) the Under Secretary has not provided notice to the congres-
sional defense committees that the Under Secretary has deter-
mined that the program is no longer a non-integrated program, 
the Comptroller General shall conduct a review of such program 
and submit the results of such review to the congressional 
defense committees. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) SEGMENTS.—The term ‘segments’, with respect to a 
major satellite acquisition program, refers to any satellites 
acquired under the program and the ground equipment and
H. R. 4310—241 
user terminals necessary to fully exploit the capabilities pro-
vided by those satellites. 
‘‘(2) MAJOR SATELLITE ACQUISITION PROGRAM.—The term 
‘major satellite acquisition program’ means a major defense 
acquisition program (as defined in section 2430 of this title) 
for the acquisition of a satellite. 
‘‘(3) MILESTONE
B
APPROVAL.—The term ‘Milestone B 
approval’ has the meaning given that term in section 2366(e)(7) 
of this title. 
‘‘(4) NON-INTEGRATED PROGRAM.—The term ‘non-integrated 
program’ means a program with respect to which the schedules 
for the acquisition and the delivery of the capabilities of the 
segments for the program, or a related program that is nec-
essary for the operational capability of the program, provide 
for the acquisition or the delivery of the capabilities of at 
least two of the three segments for the program or related 
program more than one year apart.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 135 of such title is amended by adding at the 
end the following new item: 
‘‘2275. Reports on integration of acquisition and capability delivery schedules for 
segments of major satellite acquisition programs and funding for such 
programs.’’. 
SEC. 912. COMMERCIAL SPACE LAUNCH COOPERATION. 
(a) IN GENERAL.—Chapter 135 of title 10, United States Code, 
as amended by section 911 of this Act, is further amended by 
adding at the end the following new section: 
‘‘§ 2276. Commercial space launch cooperation 
‘‘(a) AUTHORITY.—The Secretary of Defense may take such 
actions as the Secretary considers to be in the best interest of 
the Federal Government to— 
‘‘(1) maximize the use of the capacity of the space transpor-
tation infrastructure of the Department of Defense by the pri-
vate sector in the United States; 
‘‘(2) maximize the effectiveness and efficiency of the space 
transportation infrastructure of the Department of Defense; 
‘‘(3) reduce the cost of services provided by the Department 
of Defense related to space transportation infrastructure at 
launch support facilities and space recovery support facilities; 
‘‘(4) encourage commercial space activities by enabling 
investment by covered entities in the space transportation infra-
structure of the Department of Defense; and 
‘‘(5) foster cooperation between the Department of Defense 
and covered entities. 
‘‘(b) AUTHORITY
FOR
CONTRACTS
AND
OTHER
AGREEMENTS 
RELATING TO SPACE TRANSPORTATION INFRASTRUCTURE.—The Sec-
retary of Defense— 
‘‘(1) may enter into an agreement with a covered entity 
to provide the covered entity with support and services related 
to the space transportation infrastructure of the Department 
of Defense; and 
‘‘(2) upon the request of such covered entity, may include 
such support and services in the space launch and reentry 
range support requirements of the Department of Defense if—
H. R. 4310—242 
‘‘(A) the Secretary determines that the inclusion of 
such support and services in such requirements— 
‘‘(i) is in the best interest of the Federal Govern-
ment; 
‘‘(ii) does not interfere with the requirements of 
the Department of Defense; and 
‘‘(iii) does not compete with the commercial space 
activities of other covered entities, unless that competi-
tion is in the national security interests of the United 
States; and 
‘‘(B) any commercial requirement included in the agree-
ment has full non-Federal funding before the execution 
of the agreement. 
‘‘(c) CONTRIBUTIONS.— 
‘‘(1) IN
GENERAL.—The Secretary of Defense may enter 
into an agreement with a covered entity on a cooperative and 
voluntary basis to accept contributions of funds, services, and 
equipment to carry out this section. 
‘‘(2) USE OF CONTRIBUTIONS.—Any funds, services, or equip-
ment accepted by the Secretary under this subsection— 
‘‘(A) may be used only for the objectives specified in 
this section in accordance with terms of use set forth in 
the agreement entered into under this subsection; and 
‘‘(B) shall be managed by the Secretary in accordance 
with regulations of the Department of Defense. 
‘‘(3) REQUIREMENTS
WITH
RESPECT
TO
AGREEMENTS.—An 
agreement entered into with a covered entity under this sub-
section— 
‘‘(A) shall address the terms of use, ownership, and 
disposition of the funds, services, or equipment contributed 
pursuant to the agreement; and 
‘‘(B) shall include a provision that the covered entity 
will not recover the costs of its contribution through any 
other agreement with the United States. 
‘‘(d) DEFENSE COOPERATION SPACE LAUNCH ACCOUNT.— 
‘‘(1) ESTABLISHMENT.—There is established in the Treasury 
of the United States a special account to be known as the 
‘Defense Cooperation Space Launch Account’. 
‘‘(2) CREDITING OF FUNDS.—Funds received by the Secretary 
of Defense under subsection (c) shall be credited to the Defense 
Cooperation Space Launch Account. 
‘‘(3) USE
OF
FUNDS.—Funds deposited in the Defense 
Cooperation Space Launch Account under paragraph (2) are 
authorized to be appropriated and shall be available for obliga-
tion only to the extent provided in advance in an appropriation 
Act for costs incurred by the Department of Defense in carrying 
out subsection (b). Funds in the Account shall remain available 
until expended. 
‘‘(e) ANNUAL REPORT.—Not later than January 31 of each year, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on the funds, services, and equipment accepted 
and used by the Secretary under this section during the preceding 
fiscal year. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to carry out this section. 
‘‘(g) DEFINITIONS.—In this section:
H. R. 4310—243 
‘‘(1) COVERED
ENTITY.—The term ‘covered entity’ means 
a non-Federal entity that— 
‘‘(A) is organized under the laws of the United States 
or of any jurisdiction within the United States; and 
‘‘(B) is engaged in commercial space activities. 
‘‘(2) LAUNCH SUPPORT FACILITIES.—The term ‘launch sup-
port facilities’ has the meaning given the term in section 
50501(7) of title 51. 
‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘space 
recovery support facilities’ has the meaning given the term 
in section 50501(11) of title 51. 
‘‘(4) SPACE TRANSPORTATION INFRASTRUCTURE.—The term 
‘space transportation infrastructure’ has the meaning given 
that term in section 50501(12) of title 51.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter, as so amended, is further amended by adding 
at the end the following new item: 
‘‘2276. Commercial space launch cooperation.’’. 
SEC. 
913. 
LIMITATION 
ON 
INTERNATIONAL 
AGREEMENTS 
CON-
CERNING OUTER SPACE ACTIVITIES. 
(a) CERTIFICATION REQUIRED.—If the United States becomes 
a signatory to a non-legally binding international agreement con-
cerning an International Code of Conduct for Outer Space Activities 
or any similar agreement, at the same time as the United States 
becomes such a signatory— 
(1) the President shall submit to the congressional defense 
committees, the Permanent Select Committee on Intelligence 
of the House of Representatives, and the Select Committee 
on Intelligence of the Senate a certification that such agreement 
has no legally-binding effect or basis for limiting the activities 
of the United States in outer space; and 
(2) the Secretary of Defense, the Chairman of the Joint 
Chiefs of Staff, and the Director of National Intelligence shall 
jointly submit to the congressional defense committees a certifi-
cation that such agreement will be equitable, enhance national 
security, and have no militarily significant impact on the ability 
of the United States to conduct military or intelligence activities 
in space. 
(b) BRIEFINGS AND NOTIFICATIONS REQUIRED.— 
(1) RESTATEMENT OF POLICY FORMULATION UNDER THE ARMS 
CONTROL
AND
DISARMAMENT
ACT
WITH
RESPECT
TO
OUTER 
SPACE.—No action shall be taken that would obligate the United 
States to reduce or limit the Armed Forces or armaments 
of the United States in outer space in a militarily significant 
manner, except pursuant to the treaty-making power of the 
President set forth in Article II, Section 2, Clause II of the 
Constitution or unless authorized by the enactment of further 
affirmative legislation by the Congress of the United States. 
(2) BRIEFINGS.— 
(A) REQUIREMENT.—The Secretary of Defense, the Sec-
retary of State, and the Director of National Intelligence 
shall jointly provide to the covered congressional commit-
tees regular, detailed updates on the negotiation of a non- 
legally binding international agreement concerning an 
International Code of Conduct for Outer Space Activities 
or any similar agreement.
H. R. 4310—244 
(B) TERMINATION OF REQUIREMENT.—The requirement 
to provide regular briefings under subparagraph (A) shall 
terminate on the date on which the United States becomes 
a signatory to an agreement referred to in subparagraph 
(A), or on the date on which the President certifies to 
Congress that the United States is no longer negotiating 
an agreement referred to in subparagraph (A), whichever 
is earlier. 
(3) NOTIFICATIONS.—If the United States becomes a signa-
tory to a non-legally binding international agreement con-
cerning an International Code of Conduct for Outer Space 
Activities or any similar agreement, not less than 60 days 
prior to any action that will obligate the United States to 
reduce or limit the Armed Forces or armaments or activities 
of the United States in outer space, the head of each Depart-
ment or agency of the Federal Government that is affected 
by such action shall submit to Congress notice of such action 
and the effect of such action on such Department or agency. 
(4) DEFINITION.—In this subsection, the term ‘‘covered 
congressional committees’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Permanent Select Committee 
on Intelligence of the House of Representatives; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Relations, and the Select Committee on Intel-
ligence of the Senate. 
(c) REPORT ON FOREIGN COUNTER-SPACE PROGRAMS.— 
(1) REPORT
REQUIRED.—Chapter 135 of title 10, United 
States Code, as amended by section 912 of this Act, is further 
amended by adding at the end the following new section: 
‘‘§ 2277. Report on foreign counter-space programs 
‘‘(a) REPORT REQUIRED.—Not later than January 1 of each 
year, the Secretary of Defense and the Director of National Intel-
ligence shall jointly submit to Congress a report on the counter- 
space programs of foreign countries. 
‘‘(b) CONTENTS.—Each report required under subsection (a) 
shall include— 
‘‘(1) an explanation of whether any foreign country has 
a counter-space program that could be a threat to the national 
security or commercial space systems of the United States; 
and 
‘‘(2) the name of each country with a counter-space program 
described in paragraph (1). 
‘‘(c) FORM.— 
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) 
and (3), each report required under subsection (a) shall be 
submitted in unclassified form. 
‘‘(2) CLASSIFIED ANNEX.—The Secretary of Defense and the 
Director of National Intelligence may submit to the covered 
congressional committees a classified annex to a report required 
under subsection (a) containing any classified information 
required to be submitted for such report. 
‘‘(3) FOREIGN COUNTRY NAMES.— 
‘‘(A) UNCLASSIFIED
FORM.—Subject to subparagraph 
(B), each report required under subsection (a) shall include
H. R. 4310—245 
the information required under subsection (b)(2) in 
unclassified form. 
‘‘(B) NATIONAL
SECURITY
WAIVER.—The Secretary of 
Defense and the Director of National Intelligence may 
waive the requirement under subparagraph (A) if the Sec-
retary and the Director of National Intelligence jointly 
determine it is in the interests of national security to 
waive such requirement and submits to Congress an expla-
nation of why the Secretary and the Director waived such 
requirement. 
‘‘(d) COVERED CONGRESSIONAL COMMITTEES DEFINED.—In this 
section, the term ‘covered congressional committees’ means the 
Committee on Armed Services and the Permanent Select Committee 
on Intelligence of the House of Representatives and the Committee 
on Armed Services and the Select Committee on Intelligence of 
the Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 135 of title 10, United States Code, as 
so amended, is further amended by adding at the end the 
following new item: 
‘‘2277. Report on foreign counter-space programs.’’. 
SEC. 914. OPERATIONALLY RESPONSIVE SPACE PROGRAM OFFICE. 
(a) IN GENERAL.—Subsection (a) of section 2273a of title 10, 
United States Code, is amended to read as follows: 
‘‘(a) IN GENERAL.—There is within the Air Force Space and 
Missile Systems Center of the Department of Defense a joint pro-
gram office known as the Operationally Responsive Space Program 
Office (in this section referred to as the ‘Office’). The facilities 
of the Office may not be co-located with the headquarters facilities 
of the Air Force Space and Missile Systems Center.’’. 
(b) HEAD OF OFFICE.—Subsection (b) of such section is amended 
by striking ‘‘shall be—’’ and all that follows and inserting ‘‘shall 
be the designee of the Department of Defense Executive Agent 
for Space. The head of the Office shall report to the Commander 
of the Air Force Space and Missile Systems Center.’’. 
(c) MISSION.—Subsection (c)(1) of such section is amended by 
striking ‘‘spacelift’’ and inserting ‘‘launch’’. 
(d) SENIOR ACQUISITION EXECUTIVE.—Paragraph (1) of sub-
section (e) of such section is amended to read as follows: 
‘‘(1) The Program Executive Officer for Space shall be the 
Acquisition Executive of the Office and shall provide stream-
lined acquisition authorities for projects of the Office.’’. 
(e) EXECUTIVE COMMITTEE.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(g) EXECUTIVE COMMITTEE.—(1) The Secretary of Defense shall 
establish for the Office an Executive Committee (to be known as 
the ‘Operationally Responsive Space Executive Committee’) to pro-
vide coordination, oversight, and approval of projects of the Office. 
‘‘(2) The Executive Committee shall consist of the officials (and 
their duties) as follows: 
‘‘(A) The Department of Defense Executive Agent for Space, 
who shall serve as Chair of the Executive Committee and 
provide oversight, prioritization, coordination, and resources 
for the Office.
H. R. 4310—246 
‘‘(B) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, who shall provide coordination and over-
sight of the Office and recommend funding sources for programs 
of the Office that exceed the approved program baseline. 
‘‘(C) The Commander of the United States Strategic Com-
mand, who shall validate requirements for systems to be 
acquired by the Office and participate in approval of any 
acquisition program initiated by the Office. 
‘‘(D) The Commander of the Air Force Space Command, 
the Commander of the Army Space and Missile Defense Com-
mand, and the Commander of the Space and Naval Warfare 
Systems Command, who shall jointly organize, train, and equip 
forces to support the acquisition programs of the Office. 
‘‘(E) Such other officials (and their duties) as the Secretary 
of Defense considers appropriate.’’. 
SEC. 915. REPORT ON OVERHEAD PERSISTENT INFRARED TECH-
NOLOGY. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation 
with the Director of National Intelligence, shall submit to the 
congressional defense committees, the Permanent Select Committee 
on Intelligence of the House of Representatives, and the Select 
Committee on Intelligence of the Senate a report on overhead 
persistent infrared technology that includes— 
(1) an identification of the comprehensive overhead per-
sistent infrared technology requirements of the Department 
of Defense and the intelligence community; 
(2) a description of the strategy, plan, and budget for the 
space layer, with supporting ground architecture, including key 
decision points for the current and next generation overhead 
persistent infrared technology with respect to missile warning, 
missile defense, battlespace awareness, and technical intel-
ligence; 
(3) an assessment of whether there are further opportuni-
ties for the Department of Defense and the intelligence commu-
nity to capitalize on increased data sharing, fusion, interoper-
ability, and exploitation; 
(4) recommendations on how to better coordinate the efforts 
by the Department and the intelligence community to exploit 
overhead persistent infrared sensor data; and 
(5) any other relevant information that the Secretary con-
siders necessary. 
(b) COMPTROLLER GENERAL ASSESSMENT.—Not later than 90 
days after the date on which the Secretary of Defense submits 
the report required under subsection (a), the Comptroller General 
of the United States shall submit to the congressional defense 
committees an assessment of the report required under subsection 
(a), including— 
(1) an assessment of whether such report is comprehensive, 
fully supported, and sufficiently detailed; and 
(2) an identification of any shortcomings, limitations, or 
other reportable matters that affect the quality or findings 
of the report required under subsection (a). 
(c) INTELLIGENCE COMMUNITY DEFINED.—In this section, the 
term ‘‘intelligence community’’ has the meaning given that term
H. R. 4310—247 
in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)). 
SEC. 916. ASSESSMENT OF FOREIGN COMPONENTS AND THE SPACE 
LAUNCH CAPABILITY OF THE UNITED STATES. 
(a) ASSESSMENT.—The Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics shall conduct an independent assess-
ment of the national security implications of continuing to use 
foreign component and propulsion systems for the launch vehicles 
under the evolved expendable launch vehicle program. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics shall submit to the congressional 
defense committees a report on the assessment conducted under 
subsection (a). 
SEC. 917. REPORT ON COUNTER SPACE TECHNOLOGY. 
(a) REPORT.—Not later than one year after the date of the 
enactment of this Act, and annually thereafter for two years, the 
Secretary of Defense shall submit to the congressional defense 
committees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations of the 
Senate a report based on all available information (including the 
Counter Space Technology List of the Department of State) 
describing key space technologies that could be used, or are being 
sought, by a foreign country with a counter space or ballistic missile 
program, and should be subject to export controls by the United 
States or an ally of the United States, as appropriate. 
(b) FORM.—Each report required under subsection (a) shall 
be submitted in unclassified form, but may include a classified 
annex. 
Subtitle C—Intelligence-Related Activities 
SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTELLIGENCE SUP-
PORT TO CERTAIN SECURITY ALLIANCES AND REGIONAL 
ORGANIZATIONS. 
(a) AUTHORIZATION.—Section 443(a) of title 10, United States 
Code, is amended by striking ‘‘foreign countries’’ and inserting 
‘‘foreign countries, regional organizations with defense or security 
components, and security alliances of which the United States is 
a member’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 443 of title 
10, United States Code, is amended by striking ‘‘foreign coun-
tries’’ and inserting ‘‘foreign countries, regional organiza-
tions, and security alliances’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 22 of title 10, United States Code, is amended 
by striking the item relating to section 443 and inserting the 
following new item: 
‘‘443. Imagery intelligence and geospatial information: support for foreign countries, 
regional organizations, and security alliances.’’. 
(c) REPORTS.— 
(1) IN GENERAL.—Not later than January 15 during each 
of 2014 and 2015, the Director of the National Geospatial-
H. R. 4310—248 
Intelligence Agency shall submit to the appropriate congres-
sional committees an annual report on the imagery intelligence 
or geospatial information support that the Director provided 
to a regional organization or security alliance under section 
443(a) of title 10, United States Code, as amended by subsection 
(a), during the year covered by the report, including an identi-
fication of each such organization or alliance and the number 
of times such organization or alliance received such intelligence 
or support. 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the congressional defense committees; and 
(B) the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee 
on Intelligence of the Senate. 
SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE IN NAME 
OF NATIONAL DEFENSE INTELLIGENCE COLLEGE TO 
NATIONAL INTELLIGENCE UNIVERSITY. 
(a) CONFORMING AMENDMENTS TO REFLECT NAME CHANGE.— 
Section 2161 of title 10, United States Code, is amended by striking 
‘‘National Defense Intelligence College’’ each place it appears and 
inserting ‘‘National Intelligence University’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 2161. Degree granting authority for National Intelligence 
University’’. 
(2) TABLE OF SECTIONS.—The item related to such section 
in the table of sections at the beginning of chapter 108 of 
such title is amended to read as follows: 
‘‘2161. Degree granting authority for National Intelligence University.’’. 
SEC. 923. REVIEW OF ARMY DISTRIBUTED COMMON GROUND SYSTEM. 
(a) REVIEW.—The Secretary of the Army shall direct the Army 
Systems Acquisition Review Council to— 
(1) review the Distributed Common Ground System pro-
gram of the Army; and 
(2) report the results of such review to the congressional 
defense committees not later than 180 days after the date 
of the enactment of this Act. 
(b) ELEMENTS.—The review required under subsection (a) shall 
include— 
(1) an assessment of the current acquisition strategy for 
the Distributed Common Ground System program of the Army 
to determine the relevance of such program to the current 
and emerging needs of the Army, including evolving technology 
needs and architectural strategies; 
(2) an assessment of the current technology performance 
to meet existing program requirements, including interoper-
ability, net-readiness, and functional performance for both 
cloud-enabled and disconnected operations; 
(3) an analysis of competitive procedures that allow new 
and emerging capabilities, including integration of quick reac-
tion capabilities, to be rapidly integrated into the architecture,
H. R. 4310—249 
including through the use of product fly-offs using standardized, 
Government-provided common data sets that allow for equitable 
comparisons of capabilities; 
(4) an analysis of the current technological path to ensure 
such path incorporates current best practices from industry 
and is in concert with the emerging needs and requirements 
of the Joint Information Environment; 
(5) an assessment of such program to ensure appropriate 
investments in human systems integration are being made 
to ensure interface usability; 
(6) an assessment of such program to ensure enterprise 
knowledge 
management 
and 
training 
requirements 
are 
commensurate with the anticipated force structure of the Army 
for the decade following the date of the enactment of this 
Act; and 
(7) recommendations for any changes that may be needed 
as a result of the review. 
SEC. 924. ELECTRO-OPTICAL IMAGERY. 
(a) IDENTIFICATION
OF DEPARTMENT
OF DEFENSE ELECTRO- 
OPTICAL SATELLITE IMAGERY REQUIREMENTS.— 
(1) REPORT.—Not later than April 1, 2013, the Chairman 
of the Joint Requirements Oversight Council shall submit to 
the Director of the Congressional Budget Office a report setting 
forth a comprehensive description of Department of Defense 
peacetime and wartime requirements for electro-optical satellite 
imagery. 
(2) SCOPE
OF
REQUIREMENTS.—The requirements under 
paragraph (1) shall— 
(A) be expressed in such terms as are necessary, which 
may include daily regional and global area coverage and 
number of point targets, resolution, revisit rates, mean- 
time to access, latency, redundancy, survivability, and 
diversity; and 
(B) take into consideration all types of imagery and 
collection means available. 
(b) ASSESSMENT OF IDENTIFIED REQUIREMENTS.— 
(1) IN GENERAL.—Not later than September 15, 2013, the 
Director of the Congressional Budget Office shall submit to 
the appropriate committees of Congress a report setting forth 
an assessment by the Director of the report required by sub-
section (a). 
(2) ELEMENTS.—The assessment required by paragraph (1) 
shall include an assessment of the following: 
(A) The extent to which the requirements of the 
Department for electro-optical imagery from space can be 
satisfied by commercial companies using either— 
(i) current designs; or 
(ii) enhanced designs that could be developed at 
low risk. 
(B) The estimated cost and schedule of satisfying such 
requirements using commercial companies. 
(3) CONSULTATION AND OTHER RESOURCES.—In preparing 
the assessment required by paragraph (1), the Director shall— 
(A) consult widely with officials of the Government, 
private industry, and academia; and
H. R. 4310—250 
(B) make maximum use of existing studies and mod-
eling and simulations. 
(4) ACCESS
TO
INFORMATION.—The Secretary of Defense 
shall provide the appropriately cleared staff of the Director 
of the Congressional Budget Office with such access to informa-
tion and programs applicable to the assessment required by 
paragraph (1) as the Director of the Congressional Budget 
Office shall require for the preparation of the assessment. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committees on Armed Services and Appropriations 
and the Select Committee on Intelligence of the Senate; and 
(2) the Committees on Armed Services and Appropriations 
and the Permanent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 925. DEFENSE CLANDESTINE SERVICE. 
(a) PROHIBITION
ON USE
OF FUNDS
FOR ADDITIONAL PER-
SONNEL.— 
(1) PROHIBITION.—Subject to paragraph (2), none of the 
funds authorized to be appropriated by this Act may be obli-
gated or expended for— 
(A) civilian personnel in the Department of Defense 
conducting or supporting human intelligence in excess of 
the number of such civilian personnel as of April 20, 2012; 
or 
(B) positions in the Department of Defense served by 
members of the Armed Forces conducting or supporting 
human intelligence within the Department of Defense in 
excess of the number of such positions as of April 20, 
2012. 
(2) REDUCTION OF CIVILIAN PERSONNEL.— 
(A) REDUCTION.—Subject to subparagraph (B), if on 
the date of the enactment of this Act the number of civilian 
personnel in the Department of Defense conducting or sup-
porting human intelligence exceeds the number of such 
personnel as of April 20, 2012, the Secretary of Defense 
shall, not later than 30 days after the date of the enactment 
of this Act, take appropriate action to promptly reduce, 
consistent with reduction-in-force procedures, the total 
number of such civilian personnel to the number of such 
civilian personnel as of April 20, 2012. 
(B) EXCEPTION.—For each civilian personnel in the 
Department of Defense conducting or supporting human 
intelligence in excess of the number of such civilian per-
sonnel as of April 20, 2012, that the Secretary considers 
necessary to maintain after the date of the enactment 
of this Act during all or part of fiscal year 2013, the 
Secretary shall submit to the appropriate committees of 
Congress a comprehensive justification for maintaining 
such civilian personnel, including the specific role, mission, 
and responsibilities of such civilian personnel and whether 
such civilian personnel was employed in another capacity 
in the Department of Defense immediately prior to begin-
ning the conduct or support of human intelligence.
H. R. 4310—251 
(C) LIMITATION.—Notwithstanding any other provision 
of this subsection, following the action taken by the Sec-
retary under subparagraph (A), the number of civilian per-
sonnel in the Department of Defense conducting or sup-
porting human intelligence for fiscal year 2013 shall not 
exceed the total of— 
(i) the number of such civilian personnel as of 
April 20, 2012; and 
(ii) the number of such civilian personnel for which 
the Secretary has submitted a justification under 
subparagraph (B). 
(b) CAPE REPORT ON COSTS.—Not later than 120 days after 
the date of the enactment of this Act, the Director of Cost Assess-
ment and Program Evaluation of the Department of Defense, in 
consultation with the Director of National Intelligence, shall submit 
to the appropriate committees of Congress an independent, com-
prehensive estimate of the costs of the Defense Clandestine Service, 
including an estimate of the costs over the period of the current 
future-years defense program and such years occurring after such 
period as the Director is able to reasonably estimate. 
(c) USDI REPORT ON DCS.— 
(1) REPORT REQUIRED.—Not later than February 1, 2013, 
the Under Secretary of Defense for Intelligence shall submit 
to the appropriate committees of Congress a report on the 
Defense Clandestine Service. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include the following: 
(A) A detailed description of the location and schedule 
for current and anticipated deployments of case officers 
trained under the Field Tradecraft Course and a certifi-
cation of whether each activity receiving a deployment 
can accommodate and support the deployment. 
(B) A statement of the objectives for the effective 
management of case officers trained under the Field 
Tradecraft Course. Such objectives shall include an outline 
of career management tracks commencing with accession, 
initial training requirement, number of Defense Clandes-
tine Service tours requiring Field Tradecraft Course 
training, and objectives for management of career tracks, 
including promotion criteria. 
(C) A statement of the manner in which each military 
department and the Defense Intelligence Agency will each 
achieve the objectives applicable under subparagraph (B). 
(D) A copy of any memoranda of understanding or 
memoranda of agreement between the Department of 
Defense and other departments and agencies of the United 
States Government, or between components of the Depart-
ment of Defense, that are required to implement objectives 
for the Defense Clandestine Service. 
(d) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Select Committee on Intel-
ligence of the Senate; and
H. R. 4310—252 
(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Permanent Select Committee 
on Intelligence of the House of Representatives. 
(2) FUTURE-YEARS DEFENSE PROGRAM.—The term ‘‘future- 
years defense program’’ means the future-years defense pro-
gram under section 221 of title 10, United States Code. 
Subtitle D—Cyberspace-Related Matters 
SEC. 931. IMPLEMENTATION STRATEGY FOR JOINT INFORMATION 
ENVIRONMENT. 
(a) IMPLEMENTATION STRATEGY.—Not later than March 31, 
2013, the Secretary of Defense shall submit to the congressional 
defense committees a strategy for implementing the Joint Informa-
tion Environment. Such strategy shall include— 
(1) a description for the vision for the Joint Information 
Environment, including a roadmap for achieving such vision 
from the existing baseline architecture; 
(2) an assessment of the key milestones, metrics, and 
resources needed to achieve such vision, including the antici-
pated implementation cost and lifecycle cost savings of the 
Joint Information Environment; 
(3) a description of the acquisition strategy and manage-
ment plan for implementing the Joint Information Environ-
ment; 
(4) an analysis of the key technical and policy challenges 
that must be addressed to achieve such vision, including assign-
ment of responsibility for addressing such challenges; 
(5) an identification of dependencies with existing initia-
tives or programs and capability gaps not currently addressed 
by funded initiatives or programs; and 
(6) an assessment of the personnel challenges associated 
with manning, training, operating, defending, and fighting in 
the Joint Information Environment as a command and control 
and weapon system. 
(b) PERSONNEL PLAN.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Chairman of the Joint Chiefs of Staff, shall submit 
to the congressional defense committees a Department-wide per-
sonnel plan for making the Joint Information Environment oper-
ational. Such personnel plan shall be based on the strategy required 
under subsection (a) and shall include a validated Joint Staff 
requirement for manpower levels and the levels required for each 
of the military departments and combat support agencies needed 
for full spectrum cyber operations, including the national cyber 
defense mission and the operational plans of the combatant com-
mands, for each fiscal year across the current future-years defense 
program. 
SEC. 932. NEXT-GENERATION HOST-BASED CYBER SECURITY SYSTEM 
FOR THE DEPARTMENT OF DEFENSE. 
(a) STRATEGY
FOR ACQUISITION
OF SYSTEM REQUIRED.—The 
Chief Information Officer of the Department of Defense shall, in 
consultation with the Under Secretary of Defense for Acquisition, 
Technology, and Logistics and the Commander of the United States 
Cyber Command, develop a strategy to acquire next-generation
H. R. 4310—253 
host-based cyber security tools and capabilities (in this section 
referred to as a ‘‘next-generation system’’) for the Department of 
Defense. 
(b) ELEMENTS OF SYSTEM.—It is the sense of Congress that 
any next-generation system acquired under the strategy required 
by subsection (a) should meet the following requirements: 
(1) To overcome problems and limitations in current 
capabilities, the system should not rely on techniques that— 
(A) cannot address new or rapidly morphing threats; 
(B) consume substantial amounts of communications 
capacity to remain current with known threats and to 
report current status; or 
(C) consume substantial amounts of resources to store 
rapidly growing threat libraries. 
(2) The system should provide an open architecture-based 
framework for so-called ‘‘plug-and-play’’ integration of a variety 
of types of deployable tools, including appropriate commercially 
available applications, in addition to cyber intrusion detection 
tools, including tools for— 
(A) insider threat detection; 
(B) continuous monitoring and configuration manage-
ment; 
(C) remediation following infections; and 
(D) protection techniques that do not rely on detection 
of the attack. 
(3) The system should be designed for ease of deployment 
to potentially millions of host devices of tailored security solu-
tions depending on need and risk, and to be compatible with 
cloud-based, thin-client, and virtualized environments as well 
as battlefield devices and weapons systems. 
(c) SUBMITTAL TO CONGRESS.—The Chief Information Officer 
shall submit to Congress a report setting forth the strategy required 
by subsection (a) together with the budget justification materials 
of the Department of Defense submitted to Congress with the 
budget of the President for fiscal year 2015 pursuant to section 
1105(a) of title 31, United States Code. 
SEC. 933. IMPROVEMENTS IN ASSURANCE OF COMPUTER SOFTWARE 
PROCURED BY THE DEPARTMENT OF DEFENSE. 
(a) BASELINE SOFTWARE ASSURANCE POLICY.—The Under Sec-
retary of Defense for Acquisition, Technology, and Logistics, in 
coordination with the Chief Information Officer of the Department 
of Defense, shall develop and implement a baseline software assur-
ance policy for the entire lifecycle of covered systems. Such policy 
shall be included as part of the strategy for trusted defense systems 
of the Department of Defense. 
(b) POLICY ELEMENTS.—The baseline software assurance policy 
under subsection (a) shall— 
(1) require use of appropriate automated vulnerability anal-
ysis tools in computer software code during the entire lifecycle 
of a covered system, including during development, operational 
testing, operations and sustainment phases, and retirement; 
(2) require covered systems to identify and prioritize secu-
rity vulnerabilities and, based on risk, determine appropriate 
remediation strategies for such security vulnerabilities; 
(3) ensure such remediation strategies are translated into 
contract requirements and evaluated during source selection;
H. R. 4310—254 
(4) promote best practices and standards to achieve soft-
ware security, assurance, and quality; and 
(5) support competition and allow flexibility and compat-
ibility with current or emerging software methodologies. 
(c) VERIFICATION OF EFFECTIVE IMPLEMENTATION.—The Under 
Secretary of Defense for Acquisition, Technology, and Logistics, 
in coordination with the Chief Information Officer of the Depart-
ment of Defense, shall— 
(1) collect data on implementation of the policy developed 
under subsection (a) and measure the effectiveness of such 
policy, including the particular elements required under sub-
section (b); and 
(2) identify and promote best practices, tools, and standards 
for developing and validating assured software for the Depart-
ment of Defense. 
(d) BRIEFING ON ADDITIONAL MEANS OF IMPROVING SOFTWARE 
ASSURANCE.—Not later than one year after the date of the enact-
ment of this Act, the Under Secretary for Acquisition, Technology, 
and Logistics shall, in coordination with the Chief Information 
Officer of the Department of Defense, provide to the congressional 
defense committees a briefing on the following: 
(1) A research and development strategy to advance 
capabilities in software assurance and vulnerability detection. 
(2) The state-of-the-art of software assurance analysis and 
test. 
(3) How the Department might hold contractors liable for 
software defects or vulnerabilities. 
(e) DEFINITIONS.—In this section: 
(1) COVERED SYSTEM.—The term ‘‘covered system’’ means 
any Department of Defense critical information, business, or 
weapons system that is— 
(A) a major system, as that term is defined in section 
2302(5) of title 10, United States Code; 
(B) a national security system, as that term is defined 
in section 3542(b)(2) of title 44, United States Code; or 
(C) a Department of Defense information system cat-
egorized as Mission Assurance Category I in Department 
of Defense Directive 8500.01E that is funded by the Depart-
ment of Defense. 
(2) SOFTWARE ASSURANCE.—The term ‘‘software assurance’’ 
means the level of confidence that software functions as 
intended and is free of vulnerabilities, either intentionally or 
unintentionally designed or inserted as part of the software, 
throughout the life cycle. 
SEC. 934. COMPETITION IN CONNECTION WITH DEPARTMENT OF 
DEFENSE TACTICAL DATA LINK SYSTEMS. 
(a) COMPETITION IN CONNECTION WITH TACTICAL DATA LINK 
SYSTEMS.—Not later than December 1, 2013, the Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall— 
(1) develop an inventory of all tactical data link systems 
in use and in development in the Department of Defense, 
including interfaces and waveforms; 
(2) conduct an analysis of each data link system contained 
in the inventory under paragraph (1) to determine whether— 
(A) the upgrade, new deployment, or replacement of 
such system should be open to competition; or
H. R. 4310—255 
(B) the data link should be converted to an open 
architecture, or a different data link standard should be 
adopted to enable such competition; 
(3) for each data link system for which competition is 
determined advisable under subparagraph (A) or (B) of para-
graph (2), develop a plan to achieve such competition, including 
a plan to address any policy, legal, programmatic, or technical 
barriers to such competition; and 
(4) for each data link system for which competition is 
determined not advisable under paragraph (2), prepare an 
explanation for such determination. 
(b) EARLIER ACTIONS.—If the Under Secretary completes any 
portion of the plan described in subsection (a)(3) before December 
1, 2013, the Secretary may commence action on such portion of 
the plan upon completion of such portion, including publication 
of such portion of the plan. 
(c) REPORT.—At the same time the budget of the President 
for fiscal year 2015 is submitted to Congress pursuant to section 
1105(a) of title 31, United States Code, the Under Secretary shall 
submit to the congressional defense committees a report on the 
plans described in paragraph (3) of subsection (a), including any 
explanation prepared under paragraph (4) of such subsection. 
SEC. 935. COLLECTION AND ANALYSIS OF NETWORK FLOW DATA. 
(a) DEVELOPMENT OF TECHNOLOGIES.—The Chief Information 
Officer of the Department of Defense may, in coordination with 
the Under Secretary of Defense for Policy and the Under Secretary 
of Defense for Intelligence and acting through the Director of the 
Defense Information Systems Agency, use the available funding 
and research activities and capabilities of the Community Data 
Center of the Defense Information Systems Agency to develop and 
demonstrate collection, processing, and storage technologies for net-
work flow data that— 
(1) are potentially scalable to the volume used by Tier 
1 Internet Service Providers to collect and analyze the flow 
data across their networks; 
(2) will substantially reduce the cost and complexity of 
capturing and analyzing high volumes of flow data; and 
(3) support the capability— 
(A) to detect and identify cyber security threats, net-
works of compromised computers, and command and con-
trol sites used for managing illicit cyber operations and 
receiving information from compromised computers; 
(B) to track illicit cyber operations for attribution of 
the source; and 
(C) to provide early warning and attack assessment 
of offensive cyber operations. 
(b) COORDINATION.—Any research and development required 
in the development of the technologies described in subsection (a) 
shall be conducted in cooperation with the heads of other appro-
priate departments and agencies of the Federal Government and, 
whenever feasible, Tier 1 Internet Service Providers and other 
managed security service providers. 
SEC. 936. COMPETITION FOR LARGE-SCALE SOFTWARE DATABASE AND 
DATA ANALYSIS TOOLS. 
(a) ANALYSIS.—
H. R. 4310—256 
(1) REQUIREMENT.—The Secretary of Defense, acting 
through the Chief Information Officer of the Department of 
Defense, shall conduct an analysis of large-scale software data-
base tools and large-scale software data analysis tools that 
could be used to meet current and future Department of Defense 
needs for large-scale data analytics. 
(2) ELEMENTS.—The analysis required under paragraph (1) 
shall include— 
(A) an analysis of the technical requirements and needs 
for large-scale software database and data analysis tools, 
including prioritization of key technical features needed 
by the Department of Defense; and 
(B) an assessment of the available sources from 
Government and commercial sources to meet such needs, 
including an assessment by the Deputy Assistant Secretary 
of Defense for Manufacturing and Industrial Base Policy 
to ensure sufficiency and diversity of potential commercial 
sources. 
(3) SUBMISSION.—Not later than 180 days after the date 
of the enactment of this Act, the Chief Information Officer 
shall submit to the congressional defense committees the results 
of the analysis required under paragraph (1). 
(b) COMPETITION REQUIRED.— 
(1) IN GENERAL.—If, following the analysis required under 
subsection (a), the Chief Information Officer of the Department 
of Defense identifies needs for software systems or large-scale 
software database or data analysis tools, the Department shall 
acquire such systems or such tools based on market research 
and using competitive procedures in accordance with applicable 
law and the Defense Federal Acquisition Regulation Supple-
ment. 
(2) NOTIFICATION.—If the Chief Information Officer elects 
to acquire large-scale software database or data analysis tools 
using procedures other than competitive procedures, the Chief 
Information Officer and the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall submit a written 
notification to the congressional defense committees on a quar-
terly basis until September 30, 2018, that describes the acquisi-
tion involved, the date the decision was made, and the rationale 
for not using competitive procedures. 
SEC. 937. SOFTWARE LICENSES OF THE DEPARTMENT OF DEFENSE. 
(a) PLAN FOR INVENTORY OF LICENSES.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Chief Information Officer 
of the Department of the Defense shall, in consultation with 
the chief information officers of the military departments and 
the Defense Agencies, issue a plan for the inventory of selected 
software licenses of the Department of Defense, including a 
comparison of licenses purchased with licenses installed. 
(2) SELECTED SOFTWARE LICENSES.—The Chief Information 
Officer shall determine the software licenses to be treated as 
selected software licenses of the Department for purposes of 
this section. The licenses shall be determined so as to maximize 
the return on investment in the inventory conducted pursuant 
to the plan required by paragraph (1).
H. R. 4310—257 
(3) PLAN ELEMENTS.—The plan under paragraph (1) shall 
include the following: 
(A) An identification and explanation of the software 
licenses determined by the Chief Information Officer under 
paragraph (2) to be selected software licenses for purposes 
of this section, and a summary outline of the software 
licenses determined not to be selected software licenses 
for such purposes. 
(B) Means to assess the needs of the Department and 
the components of the Department for selected software 
licenses during the two fiscal years following the date of 
the issuance of the plan. 
(C) Means by which the Department can achieve the 
greatest possible economies of scale and cost savings in 
the procurement, use, and optimization of selected software 
licenses. 
(b) PERFORMANCE PLAN.—If the Chief Information Officer deter-
mines through the inventory conducted pursuant to the plan 
required by subsection (a) that the number of selected software 
licenses of the Department and the components of the Department 
exceeds the needs of the Department for such software licenses, 
the Secretary of Defense shall implement a plan to bring the number 
of such software licenses into balance with the needs of the Depart-
ment. 
SEC. 938. SENSE OF CONGRESS ON POTENTIAL SECURITY RISKS TO 
DEPARTMENT OF DEFENSE NETWORKS. 
It is the sense of Congress that the Department of Defense— 
(1) must ensure it maintains full visibility and adequate 
control of its supply chain, including subcontractors, in order 
to mitigate supply chain exploitation; and 
(2) needs the authority and capability to mitigate supply 
chain risks to its information technology systems that fall out-
side the scope of National Security Systems. 
SEC. 939. QUARTERLY CYBER OPERATIONS BRIEFINGS. 
(a) BRIEFINGS.—Chapter 23 of title 10, United States Code, 
is amended by inserting after section 483 the following new section: 
‘‘§ 484. Quarterly cyber operations briefings 
‘‘The Secretary of Defense shall provide to the Committees 
on Armed Services of the House of Representatives and the Senate 
quarterly briefings on all offensive and significant defensive military 
operations in cyberspace carried out by the Department of Defense 
during the immediately preceding quarter.’’. 
(b) INITIAL BRIEFING.—The first briefing required under section 
484 of title 10, United States Code, as added by subsection (a), 
shall be provided not later than March 1, 2013. 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 23 of title 10, United States Code, is amended 
by inserting after the item relating to section 483 the following 
new item: 
‘‘484. Quarterly cyber operations briefings.’’. 
SEC. 940. SENSE OF CONGRESS ON THE UNITED STATES CYBER COM-
MAND. 
It is the sense of Congress that—
H. R. 4310—258 
(1) there is a serious cyber threat to the national security 
of the United States and the need to work both offensively 
and defensively to protect the networks and critical infrastruc-
ture of the United States; 
(2) it is important to have a unified command structure 
in the Department of Defense to direct military operations 
in cyberspace; 
(3) a change in the status of the United States Cyber 
Command has implications for the entire Department and the 
national security of the United States, which require careful 
consideration; 
(4) Congress expects to be briefed and consulted about 
any proposal to elevate the United States Cyber Command 
to a unified command at the time when the Secretary of Defense 
makes such a proposal and to receive— 
(A) a clear statement of mission of the United States 
Cyber Command and related legal definitions; 
(B) an outline of the specific national security benefits 
of elevating the sub-unified United States Cyber Command 
to a unified command; 
(C) an estimate of the cost of creating a unified United 
States Cyber Command and a justification of the expendi-
ture; and 
(D) if the Secretary considers it advisable to continue 
the designation of the Commander of the United States 
Cyber Command as also being the Director of the National 
Security Agency— 
(i) an explanation of how a single individual could 
serve as a commander of a combatant command that 
conducts overt, though clandestine, cyber operations 
under title 10, United States Code, and serve as the 
head of an element of the intelligence community that 
conducts covert cyber operations under the National 
Security Act of 1947 (50 U.S.C. 401 et seq.) in a manner 
that affords deniability to the United States; and 
(ii) a statement of whether the Secretary believes 
it is appropriate either to appoint a line officer as 
the Director of the National Security Agency or to 
take the unprecedented step of appointing an intel-
ligence officer as a unified commander; and 
(5) appropriate policy foundations and standing rules of 
engagement must be in place before any decision to create 
a unified United States Cyber Command. 
SEC. 941. REPORTS TO DEPARTMENT OF DEFENSE ON PENETRATIONS 
OF NETWORKS AND INFORMATION SYSTEMS OF CERTAIN 
CONTRACTORS. 
(a) PROCEDURES FOR REPORTING PENETRATIONS.—The Secretary 
of Defense shall establish procedures that require each cleared 
defense contractor to report to a component of the Department 
of Defense designated by the Secretary for purposes of such proce-
dures when a network or information system of such contractor 
that meets the criteria established pursuant to subsection (b) is 
successfully penetrated. 
(b) NETWORKS
AND
INFORMATION
SYSTEMS
SUBJECT
TO 
REPORTING.—
H. R. 4310—259 
(1) CRITERIA.—The Secretary of Defense shall designate 
a senior official to, in consultation with the officials specified 
in paragraph (2), establish criteria for covered networks to 
be subject to the procedures for reporting system penetrations 
under subsection (a). 
(2) OFFICIALS.—The officials specified in this subsection 
are the following: 
(A) The Under Secretary of Defense for Policy. 
(B) The Under Secretary of Defense for Acquisition, 
Technology, and Logistics. 
(C) The Under Secretary of Defense for Intelligence. 
(D) The Chief Information Officer of the Department 
of Defense. 
(E) The Commander of the United States Cyber Com-
mand. 
(c) PROCEDURE REQUIREMENTS.— 
(1) RAPID REPORTING.—The procedures established pursu-
ant to subsection (a) shall require each cleared defense con-
tractor to rapidly report to a component of the Department 
of Defense designated pursuant to subsection (a) of each 
successful penetration of the network or information systems 
of such contractor that meet the criteria established pursuant 
to subsection (b). Each such report shall include the following: 
(A) A description of the technique or method used 
in such penetration. 
(B) A sample of the malicious software, if discovered 
and isolated by the contractor, involved in such penetration. 
(C) A summary of information created by or for the 
Department in connection with any Department program 
that has been potentially compromised due to such penetra-
tion. 
(2) ACCESS TO EQUIPMENT AND INFORMATION BY DEPART-
MENT
OF
DEFENSE
PERSONNEL.—The procedures established 
pursuant to subsection (a) shall— 
(A) include mechanisms for Department of Defense 
personnel to, upon request, obtain access to equipment 
or information of a cleared defense contractor necessary 
to conduct forensic analysis in addition to any analysis 
conducted by such contractor; 
(B) provide that a cleared defense contractor is only 
required to provide access to equipment or information 
as described in subparagraph (A) to determine whether 
information created by or for the Department in connection 
with any Department program was successfully exfiltrated 
from a network or information system of such contractor 
and, if so, what information was exfiltrated; and 
(C) provide for the reasonable protection of trade 
secrets, commercial or financial information, and informa-
tion that can be used to identify a specific person. 
(3) LIMITATION ON DISSEMINATION OF CERTAIN INFORMA-
TION.—The procedures established pursuant to subsection (a) 
shall prohibit the dissemination outside the Department of 
Defense of information obtained or derived through such proce-
dures that is not created by or for the Department except 
with the approval of the contractor providing such information. 
(d) ISSUANCE
OF PROCEDURES
AND ESTABLISHMENT
OF CRI-
TERIA.—
H. R. 4310—260 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act— 
(A) the Secretary of Defense shall establish the proce-
dures required under subsection (a); and 
(B) the senior official designated under subsection 
(b)(1) shall establish the criteria required under such sub-
section. 
(2) APPLICABILITY DATE.—The requirements of this section 
shall apply on the date on which the Secretary of Defense 
establishes the procedures required under this section. 
(e) DEFINITIONS.—In this section: 
(1) CLEARED
DEFENSE
CONTRACTOR.—The term ‘‘cleared 
defense contractor’’ means a private entity granted clearance 
by the Department of Defense to access, receive, or store classi-
fied information for the purpose of bidding for a contract or 
conducting activities in support of any program of the Depart-
ment of Defense. 
(2) COVERED
NETWORK.—The term ‘‘covered network’’ 
means a network or information system of a cleared defense 
contractor that contains or processes information created by 
or for the Department of Defense with respect to which such 
contractor is required to apply enhanced protection. 
Subtitle E—Other Matters 
SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIRMAN OF 
JOINT CHIEFS OF STAFF AND JOINT REQUIREMENTS 
OVERSIGHT COUNCIL. 
(a) AMENDMENTS RELATED TO CHAIRMAN OF JOINT CHIEFS OF 
STAFF.—Section 153(a)(4) of title 10, United States Code, is 
amended by striking subparagraph (F) and inserting the following 
new subparagraphs: 
‘‘(F) Identifying, assessing, and approving military require-
ments (including existing systems and equipment) to meet the 
National Military Strategy. 
‘‘(G) Recommending to the Secretary appropriate trade- 
offs among life-cycle cost, schedule, and performance objectives, 
and procurement quantity objectives, to ensure that such trade- 
offs are made in the acquisition of materiel and equipment 
to support the strategic and contingency plans required by 
this subsection in the most effective and efficient manner.’’. 
(b) AMENDMENTS RELATED TO JROC.—Section 181(b) of such 
title is amended— 
(1) in paragraph (1)(C), by striking ‘‘in ensuring’’ and all 
that follows through ‘‘requirements’’ and inserting the following: 
‘‘in ensuring that appropriate trade-offs are made among life- 
cycle cost, schedule, and performance objectives, and procure-
ment quantity objectives, in the establishment and approval 
of military requirements’’; and 
(2) in paragraph (3), by striking ‘‘such resource level’’ and 
inserting ‘‘the total cost of such resources’’. 
(c) AMENDMENTS RELATED
TO CHIEFS
OF ARMED FORCES.— 
Section 2547(a) of such title is amended— 
(1) in paragraph (1), by striking ‘‘of requirements relating 
to the defense acquisition system’’ and inserting ‘‘of require-
ments for equipping the armed force concerned’’;
H. R. 4310—261 
(2) by redesignating paragraphs (3) and (4) as paragraphs 
(5) and (6), respectively; and 
(3) by inserting after paragraph (2) the following new para-
graphs: 
‘‘(3) The recommendation of trade-offs among life-cycle cost, 
schedule, 
and 
performance 
objectives, 
and 
procurement 
quantity objectives, to ensure acquisition programs deliver best 
value in meeting the approved military requirements. 
‘‘(4) Termination of development or procurement programs 
for which life-cycle cost, schedule, and performance expectations 
are no longer consistent with approved military requirements 
and levels of priority, or which no longer have approved military 
requirements.’’. 
SEC. 952. ENHANCEMENT OF RESPONSIBILITIES OF THE CHAIRMAN 
OF THE JOINT CHIEFS OF STAFF REGARDING THE 
NATIONAL MILITARY STRATEGY. 
(a) IN GENERAL.—Subsection (b) of section 153 of title 10, 
United States Code, is amended to read as follows: 
‘‘(b) NATIONAL MILITARY STRATEGY.— 
‘‘(1) NATIONAL
MILITARY
STRATEGY.—(A) The Chairman 
shall determine each even-numbered year whether to prepare 
a new National Military Strategy in accordance with this 
subparagraph or to update a strategy previously prepared in 
accordance with this subsection. The Chairman shall complete 
preparation of the National Military Strategy or update in 
time for transmittal to Congress pursuant to paragraph (3), 
including in time for inclusion of the report of the Secretary 
of Defense, if any, under paragraph (4). 
‘‘(B) Each National Military Strategy (or update) under 
this paragraph shall be based on a comprehensive review con-
ducted by the Chairman in conjunction with the other members 
of the Joint Chiefs of Staff and the commanders of the unified 
and specified combatant commands. 
‘‘(C) Each National Military Strategy (or update) submitted 
under this paragraph shall describe how the military will 
achieve the objectives of the United States as articulated in— 
‘‘(i) the most recent National Security Strategy pre-
scribed by the President pursuant to section 108 of the 
National Security Act of 1947 (50 U.S.C. 404a); 
‘‘(ii) the most recent annual report of the Secretary 
of Defense submitted to the President and Congress pursu-
ant to section 113 of this title; 
‘‘(iii) the most recent Quadrennial Defense Review con-
ducted by the Secretary of Defense pursuant to section 
118 of this title; and 
‘‘(iv) any other national security or defense strategic 
guidance issued by the President or the Secretary of 
Defense. 
‘‘(D) Each National Military Strategy (or update) submitted 
under this paragraph shall identify— 
‘‘(i) the United States military objectives and the rela-
tionship of those objectives to the strategic environment 
and to the threats required to be described under subpara-
graph (E);
H. R. 4310—262 
‘‘(ii) the operational concepts, missions, tasks, or activi-
ties necessary to support the achievement of the objectives 
identified under clause (i); 
‘‘(iii) the fiscal, budgetary, and resource environments 
and conditions that, in the assessment of the Chairman, 
affect the strategy; and 
‘‘(iv) the assumptions made with respect to each of 
clauses (i) through (iii). 
‘‘(E) Each National Military Strategy (or update) submitted 
under this paragraph shall also include a description of— 
‘‘(i) the strategic environment and the opportunities 
and challenges that affect United States national interests 
and United States national security; 
‘‘(ii) the threats, such as international, regional, 
transnational, hybrid, terrorism, cyber attack, weapons of 
mass destruction, asymmetric challenges, and any other 
categories of threats identified by the Chairman, to the 
United States national security; 
‘‘(iii) the implications of current force planning and 
sizing constructs for the strategy; 
‘‘(iv) the capacity, capabilities, and availability of 
United States forces (including both the active and reserve 
components) to support the execution of missions required 
by the strategy; 
‘‘(v) areas in which the armed forces intends to engage 
and synchronize with other departments and agencies of 
the United States Government contributing to the execu-
tion of missions required by the strategy; 
‘‘(vi) areas in which the armed forces could be aug-
mented by contributions from alliances (such as the North 
Atlantic Treaty Organization), international allies, or other 
friendly nations in the execution of missions required by 
the strategy; 
‘‘(vii) the requirements for operational contractor sup-
port to the armed forces for conducting security force assist-
ance training, peacekeeping, overseas contingency oper-
ations, and other major combat operations under the 
strategy; and 
‘‘(viii) the assumptions made with respect to each of 
clauses (i) through (vii). 
‘‘(F) Each update to a National Military Strategy under 
this paragraph shall address only those parts of the most 
recent National Military Strategy for which the Chairman 
determines, on the basis of a comprehensive review conducted 
in conjunction with the other members of the Joint Chiefs 
of Staff and the commanders of the combatant commands, 
that a modification is needed. 
‘‘(2) RISK ASSESSMENT.—(A) The Chairman shall prepare 
each year an assessment of the risks associated with the most 
current National Military Strategy (or update) under paragraph 
(1). The risk assessment shall be known as the ‘Risk Assess-
ment of the Chairman of the Joint Chiefs of Staff’. The Chair-
man shall complete preparation of the Risk Assessment in 
time for transmittal to Congress pursuant to paragraph (3), 
including in time for inclusion of the report of the Secretary 
of Defense, if any, under paragraph (4). 
‘‘(B) The Risk Assessment shall do the following:
H. R. 4310—263 
‘‘(i) As the Chairman considers appropriate, update 
any changes to the strategic environment, threats, objec-
tives, force planning and sizing constructs, assessments, 
and assumptions that informed the National Military 
Strategy required by this section. 
‘‘(ii) Identify and define the strategic risks to United 
States interests and the military risks in executing the 
missions of the National Military Strategy. 
‘‘(iii) Identify and define levels of risk distinguishing 
between the concepts of probability and consequences, 
including an identification of what constitutes ‘significant’ 
risk in the judgment of the Chairman. 
‘‘(iv)(I) Identify and assess risk in the National Military 
Strategy by category and level and the ways in which 
risk might manifest itself, including how risk is projected 
to increase, decrease, or remain stable over time; and 
‘‘(II) for each category of risk, assess the extent to 
which current or future risk increases, decreases, or is 
stable as a result of budgetary priorities, tradeoffs, or fiscal 
constraints or limitations as currently estimated and 
applied in the most current future-years defense program 
under section 221 of this title. 
‘‘(v) Identify and assess risk associated with the 
assumptions or plans of the National Military Strategy 
about the contributions or support of— 
‘‘(I) other departments and agencies of the United 
States Government (including their capabilities and 
availability); 
‘‘(II) alliances, allies, and other friendly nations 
(including their capabilities, availability, and interoper-
ability); and 
‘‘(III) contractors. 
‘‘(vi) Identify and assess the critical deficiencies and 
strengths in force capabilities (including manpower, logis-
tics, intelligence, and mobility support) identified during 
the preparation and review of the contingency plans of 
each unified combatant command, and identify and assess 
the effect of such deficiencies and strengths for the National 
Military Strategy. 
‘‘(3) SUBMITTAL OF NATIONAL MILITARY STRATEGY AND RISK 
ASSESSMENT TO CONGRESS.—(A) Not later than February 15 
of each even-numbered year, the Chairman shall, through the 
Secretary of Defense, submit to the Committees on Armed 
Services of the Senate and the House of Representatives the 
National Military Strategy or update, if any, prepared under 
paragraph (1) in such year. 
‘‘(B) Not later than February 15 each year, the Chairman 
shall, through the Secretary of Defense, submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives the Risk Assessment prepared under paragraph 
(2) in such year. 
‘‘(4) SECRETARY OF DEFENSE REPORTS TO CONGRESS.—(A) 
In transmitting a National Military Strategy (or update) or 
Risk Assessment to Congress pursuant to paragraph (3), the 
Secretary of Defense shall include in the transmittal such com-
ments of the Secretary thereon, if any, as the Secretary con-
siders appropriate.
H. R. 4310—264 
‘‘(B) If the Risk Assessment transmitted under paragraph 
(3) in a year includes an assessment that a risk or risks 
associated with the National Military Strategy (or update) are 
significant, or that critical deficiencies in force capabilities exist 
for a contingency plan described in paragraph (2)(B)(vi), the 
Secretary shall include in the transmittal of the Risk Assess-
ment the plan of the Secretary for mitigating such risk or 
deficiency. A plan for mitigating risk of deficiency under this 
subparagraph shall— 
‘‘(i) address the risk assumed in the National Military 
Strategy (or update) concerned, and the additional actions 
taken or planned to be taken to address such risk using 
only current technology and force structure capabilities; 
and 
‘‘(ii) specify, for each risk addressed, the extent of, 
and a schedule for expected mitigation of, such risk, and 
an assessment of the potential for residual risk, if any, 
after mitigation.’’. 
(b) 
CONFORMING
AMENDMENT.—Such 
section 
is 
further 
amended by striking subsection (d). 
SEC. 
953. 
ONE-YEAR 
EXTENSION 
OF 
AUTHORITY 
TO 
WAIVE 
REIMBURSEMENT OF COSTS OF ACTIVITIES FOR NON-
GOVERNMENTAL 
PERSONNEL 
AT 
DEPARTMENT 
OF 
DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES. 
Paragraph (1) of section 941(b) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 10 U.S.C. 184 note) is amended by striking ‘‘through 2012’’ 
and inserting ‘‘through 2013’’. 
SEC. 954. NATIONAL LANGUAGE SERVICE CORPS. 
(a) CHARTER FOR NATIONAL LANGUAGE SERVICE CORPS.—The 
David L. Boren National Security Education Act of 1991 (50 U.S.C. 
1901 et seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. 
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense may estab-
lish and maintain within the Department of Defense a National 
Language Service Corps (in this section referred to as the ‘Corps’). 
‘‘(2) The purpose of the Corps is to provide a pool of nongovern-
mental personnel with foreign language skills who, as provided 
in regulations prescribed under this section, agree to provide foreign 
language services to the Department of Defense or another depart-
ment or agency of the United States. 
‘‘(b) NATIONAL SECURITY EDUCATION BOARD.—If the Secretary 
establishes the Corps, the Secretary shall provide for the National 
Security Education Board to oversee and coordinate the activities 
of the Corps to such extent and in such manner as determined 
by the Secretary under paragraph (9) of section 803(d). 
‘‘(c) MEMBERSHIP.—To be eligible for membership in the Corps, 
a person must be a citizen of the United States authorized by 
law to be employed in the United States, have attained the age 
of 18 years, and possess such foreign language skills as the Sec-
retary considers appropriate for membership in the Corps. 
‘‘(d) TRAINING.—The Secretary may provide members of the 
Corps such training as the Secretary prescribes for purposes of 
this section.
H. R. 4310—265 
‘‘(e) SERVICE.—Upon a determination that it is in the national 
interests of the United States, the Secretary shall call upon mem-
bers of the Corps to provide foreign language services to the Depart-
ment of Defense or another department or agency of the United 
States. If a member of the Corps is, as of the time of such determina-
tion, employed by or performing under a contract for an element 
of another Federal agency, the Secretary shall first obtain the 
concurrence of the head of that agency. 
‘‘(f) FUNDING.—The Secretary may impose fees, in amounts 
up to full-cost recovery, for language services and technical assist-
ance rendered by members of the Corps. Amounts of fees received 
under this section shall be credited to the account of the Department 
providing funds for any costs incurred by the Department in connec-
tion with the Corps. Amounts so credited to such account shall 
be merged with amounts in such account, and shall be available 
to the same extent, and subject to the same conditions and limita-
tions, as amounts in such account. Any amounts so credited shall 
remain available until expended.’’. 
(b) NATIONAL SECURITY EDUCATION BOARD MATTERS.— 
(1) COMPOSITION.—Subsection (b) of section 803 of such 
Act (50 U.S.C. 1903) is amended— 
(A) by striking paragraph (5); 
(B) by redesignating paragraphs (6) and (7) as para-
graphs (8) and (9), respectively; and 
(C) by inserting after paragraph (4) the following new 
paragraphs: 
‘‘(5) The Secretary of Homeland Security. 
‘‘(6) The Secretary of Energy. 
‘‘(7) The Director of National Intelligence.’’. 
(2) FUNCTIONS.—Subsection (d) of such section is amended 
by adding at the end the following new paragraph: 
‘‘(9) To the extent provided by the Secretary of Defense, 
oversee and coordinate the activities of the National Language 
Service Corps under section 813, including— 
‘‘(A) assessing on a periodic basis whether the Corps 
is addressing the needs identified by the heads of depart-
ments and agencies of the Federal Government for per-
sonnel with skills in various foreign languages; 
‘‘(B) recommending plans for the Corps to address for-
eign language shortfalls and requirements of the depart-
ments and agencies of the Federal Government; 
‘‘(C) recommending effective ways to increase public 
awareness of the need for foreign languages skills and 
career paths in the Federal Government that use those 
skills; and 
‘‘(D) overseeing the Corps efforts to work with Execu-
tive agencies and State and Local governments to respond 
to interagency plans and agreements to address overall 
foreign language shortfalls and to utilize personnel to 
address the various types of crises that warrant foreign 
language skills.’’. 
SEC. 955. SAVINGS TO BE ACHIEVED IN CIVILIAN PERSONNEL 
WORKFORCE AND SERVICE CONTRACTOR WORKFORCE OF 
THE DEPARTMENT OF DEFENSE. 
(a) REQUIRED PLAN.—
H. R. 4310—266 
(1) IN GENERAL.—The Secretary of Defense shall ensure 
that the civilian personnel workforce and service contractor 
workforce of the Department of Defense are appropriately sized 
to support and execute the National Military Strategy, taking 
into account military personnel and force structure levels. Not 
later than 90 days after the date of the enactment of this 
Act, the Secretary of Defense shall develop and begin to execute 
an efficiencies plan for the civilian personnel workforce and 
service contractor workforce of the Department of Defense. 
(2) CONSISTENCY WITH OTHER POLICIES AND PROCEDURES.— 
The Secretary shall ensure the plan required under this sub-
section is consistent with the policies and procedures required 
under section 129a of title 10, United States Code, as imple-
mented under the policies issued by the Under Secretary of 
Defense for Personnel and Readiness for determining the most 
appropriate and cost-efficient mix of military, civilian, and 
service contractor personnel to perform the missions of the 
Department of Defense. 
(b) SAVINGS.—The plan required under subsection (a) shall 
achieve savings in the total funding for each workforce covered 
by such plan over the period from fiscal year 2012 through fiscal 
year 2017 that are not less, as a percentage of such funding, 
than the savings in funding for basic military personnel pay 
achieved from reductions in military end strengths over the same 
period of time. 
(c) EXCLUSIONS.—In developing and implementing the plan 
required by subsection (a) and achieving the savings percentages 
required by subsection (b), the Secretary of Defense may exclude 
expenses related to the performance of functions identified as core 
or critical to the mission of the Department, consistent with the 
workload analysis and risk assessments required by sections 129 
and 129a of title 10, United States Code. In making a determination 
of core or critical functions, the Secretary shall consider at least 
the following: 
(1) Civilian personnel expenses for personnel as follows: 
(A) Personnel in Mission Critical Occupations, as 
defined by the Civilian Human Capital Strategic Plan of 
the Department of Defense and the Acquisition Workforce 
Plan of the Department of Defense. 
(B) Personnel employed at facilities providing core 
logistics capabilities pursuant to section 2464 of title 10, 
United States Code. 
(C) Personnel in the Offices of the Inspectors General 
of the Department of Defense. 
(2) Service contractor expenses for personnel as follows: 
(A) Personnel performing maintenance and repair of 
military equipment. 
(B) Personnel providing medical services. 
(C) Personnel performing financial audit services. 
(3) Personnel expenses for personnel in the civilian per-
sonnel workforce or service contractor workforce performing 
such other critical functions as may be identified by the Sec-
retary as requiring exemption in the interest of the national 
defense. 
(d) REPORTS.— 
(1) INITIAL REPORT.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense
H. R. 4310—267 
shall submit to the congressional defense committees a report 
including a comprehensive description of the plan required 
by subsection (a). 
(2) STATUS
REPORTS.—As part of the budget submitted 
by the President to Congress for each of fiscal years 2015 
through 2018, the Secretary shall include a report describing 
the implementation of the plan during the prior fiscal year 
and any modifications to the plan required due to changing 
circumstances. Each such report shall include a summary of 
the savings achieved in such prior fiscal year through reduc-
tions in the military, civilian, and service contractor personnel 
workforces, and the number of military, civilian, and service 
contractor personnel reduced. In any case in which savings 
fall short of the annual target, the report shall include an 
explanation of the reasons for such shortfall. 
(3) EXCLUSIONS.—Each report under paragraphs (1) and 
(2) shall specifically identify any exclusion granted by the Sec-
retary under subsection (c) in the period of time covered by 
the report. 
(e) LIMITATION ON TRANSFERS OF FUNCTIONS.—The Secretary 
shall ensure that the savings required by this section are not 
achieved through unjustified transfers of functions between or 
among the military, civilian, and service contractor personnel 
workforces of the Department of Defense. Nothing in this section 
shall be construed to preclude the Secretary from exercising 
authority available to the Department under sections 129a, 2330a, 
2461, and 2463 of title 10, United States Code. 
(f) SENSE OF CONGRESS.—It is the sense of Congress that an 
amount equal to 30 percent of the amount of the reductions in 
appropriated funds attributable to reduced budgets for the civilian 
and service contractor workforces of the Department by reason 
of the plan required by subsection (a) should be made available 
for costs of assisting military personnel separated from the Armed 
Forces in the transition from military service. 
(g) SERVICE CONTRACTOR WORKFORCE DEFINED.—In this sec-
tion, the term ‘‘service contractor workforce’’ means contractor 
employees performing contract services, as defined in section 
2330(c)(2) of title 10, United States Code, other than contract serv-
ices that are funded out of amounts available for overseas contin-
gency operations. 
(h) COMPTROLLER GENERAL REVIEW AND REPORT.—For each 
fiscal year from fiscal year 2015 through fiscal year 2018, the 
Comptroller General of the United States shall review the status 
reports submitted by the Secretary as required by subsection (d)(2) 
to determine whether the savings required by subsection (b) are 
being achieved in the civilian personnel workforce and the service 
contractor workforce and whether the plan required under sub-
section (a) is being implemented consistent with sourcing and 
workforce management laws, including sections 129, 129a, 2330a, 
2461, and 2463 of title 10, United States Code. The Comptroller 
General shall submit a report on the findings of each review to 
the congressional defense committees not later than 120 days after 
the end of each fiscal year covered by this subsection.
H. R. 4310—268 
SEC. 956. EXPANSION OF PERSONS ELIGIBLE FOR EXPEDITED FED-
ERAL HIRING FOLLOWING COMPLETION OF NATIONAL 
SECURITY EDUCATION PROGRAM SCHOLARSHIP. 
Section 802(k) of the David L. Boren National Security Edu-
cation Act of 1991 (50 U.S.C. 1902(k)) is amended to read as 
follows: 
‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 
‘‘(1) APPOINTMENT AUTHORITY.—The Secretary of Defense, 
the Secretary of Homeland Security, the Secretary of State, 
or the head of a Federal agency or office identified by the 
Secretary of Defense under subsection (g) as having national 
security responsibilities— 
‘‘(A) may, without regard to any provision of title 5, 
United States Code, governing appointments in the 
competitive service, appoint an eligible program partici-
pant— 
‘‘(i) to a position in the excepted service that is 
certified by the Secretary of Defense under clause (i) 
of subsection (b)(2)(A) as contributing to the national 
security of the United States; or 
‘‘(ii) subject to clause (ii) of such subsection, to 
a position in the excepted service in such Federal 
agency or office identified by the Secretary; and 
‘‘(B) may, upon satisfactory completion of two years 
of substantially continuous service by an incumbent who 
was appointed to an excepted service position under the 
authority of subparagraph (A), convert the appointment 
of such individual, without competition, to a career or 
career-conditional appointment. 
‘‘(2) TREATMENT OF CERTAIN SERVICE.—In the case of an 
eligible program participant described in clause (ii) or (iii) of 
paragraph (3)(C) who receives an appointment under paragraph 
(1)(A), the head of a Department or Federal agency or office 
referred to in paragraph (1) may count any period that the 
individual served in a position with the Federal Government 
toward satisfaction of the service requirement under paragraph 
(1)(B) if that service— 
‘‘(A) in the case of an appointment under clause (i) 
of paragraph (1)(A), was in a position that is identified 
under clause (i) of subsection (b)(2)(A) as contributing to 
the national security of the United States; or 
‘‘(B) in the case of an appointment under clause (ii) 
of paragraph (1)(A), was in the Federal agency or office 
in which the appointment under that clause is made. 
‘‘(3) ELIGIBLE PROGRAM PARTICIPANT DEFINED.—In this sub-
section, the term ‘eligible program participant’ means an indi-
vidual who— 
‘‘(A) has successfully completed an academic program 
for which a scholarship or fellowship under this section 
was awarded; 
‘‘(B) has not previously been appointed to the excepted 
service position under paragraph (1)(A); and 
‘‘(C) at the time of the appointment of the individual 
to an excepted service position under paragraph (1)(A)— 
‘‘(i) under the terms of the agreement for such 
scholarship or fellowship, owes a service commitment
H. R. 4310—269 
to a Department or Federal agency or office referred 
to in paragraph (1); 
‘‘(ii) is employed by the Federal Government under 
a non-permanent appointment to a position in the 
excepted service that has national security responsibil-
ities; or 
‘‘(iii) is a former civilian employee of the Federal 
Government who has less than a one-year break in 
service from the last period of Federal employment 
of such individual in a non-permanent appointment 
in the excepted service with national security respon-
sibilities.’’. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Budgetary effects of this Act. 
Sec. 1003. Sense of Congress on notice to Congress on unfunded priorities. 
Sec. 1004. Authority to transfer funds to the National Nuclear Security Adminis-
tration to sustain nuclear weapons modernization. 
Sec. 1005. Audit readiness of Department of Defense statements of budgetary re-
sources. 
Sec. 1006. Report on balances carried forward by the Department of Defense at the 
end of fiscal year 2012. 
Sec. 1007. Report on elimination and streamlining of reporting requirements, 
thresholds, and statutory and regulatory requirements resulting from 
unqualified audit opinion of Department of Defense financial state-
ments. 
Subtitle B—Counter-Drug Activities 
Sec. 1008. Extension of the authority to establish and operate National Guard 
counterdrug schools. 
Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and Counter- 
Drug Activities, Defense-wide account. 
Sec. 1010. Extension of authority to support unified counter-drug and counterter-
rorism campaign in Colombia. 
Sec. 1011. Extension of authority for joint task forces to provide support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1012. Requirement for biennial certification on provision of support for 
counter-drug activities to certain foreign governments. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1013. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Sec. 1014. Limitation on availability of funds for delayed annual naval vessel con-
struction plan. 
Sec. 1015. Retirement of naval vessels. 
Sec. 1016. Termination of a Maritime Prepositioning Ship squadron. 
Sec. 1017.
Sense of Congress on recapitalization for the Navy and Coast Guard. 
Sec. 1018. Notice to Congress for the review of proposals to name naval vessels. 
Subtitle D—Counterterrorism 
Sec. 1021. Extension of authority to make rewards for combating terrorism. 
Sec. 1022. Prohibition on use of funds to construct or modify facilities in the United 
States to house detainees transferred from United States Naval Station, 
Guantanamo Bay, Cuba. 
Sec. 1023. Report on recidivism of individuals detained at United States Naval Sta-
tion, Guantanamo Bay, Cuba, who have been transferred to foreign 
countries. 
Sec. 1024. Notice and report on use of naval vessels for detention of individuals 
captured outside Afghanistan pursuant to the Authorization for Use of 
Military Force. 
Sec. 1025. Notice required prior to transfer of certain individuals detained at the 
Detention Facility at Parwan, Afghanistan. 
Sec. 1026. Report on recidivism of individuals formerly detained at the Detention 
Facility at Parwan, Afghanistan.
H. R. 4310—270 
Sec. 1027. Prohibition on the use of funds for the transfer or release of individuals 
detained at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1028. Requirements for certifications relating to the transfer of detainees at 
United States Naval Station, Guantanamo Bay, Cuba, to foreign coun-
tries and other foreign entities. 
Sec. 1029. Rights Unaffected. 
Subtitle E—Nuclear Forces 
Sec. 1031. Nuclear weapons employment strategy of the United States. 
Sec. 1032. Progress of modernization. 
Sec. 1033. Report in the event of insufficient funding for modernization of nuclear 
weapons stockpile. 
Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile reductions. 
Sec. 1035. Strategic delivery systems. 
Sec. 1036. Consideration of expansion of nuclear forces of other countries. 
Sec. 1037. Nonstrategic nuclear weapon reductions and extended deterrence policy. 
Sec. 1038. Unilateral change in nuclear weapons stockpile of the United States. 
Sec. 1039. Expansion of duties and responsibilities of the Nuclear Weapons Coun-
cil. 
Sec. 1040. Interagency Council on the Strategic Capability of the National Labora-
tories. 
Sec. 1041. Cost estimates for nuclear weapons. 
Sec. 1042. Prior notification with regard to retirement of strategic delivery systems. 
Sec. 1043. Report on nuclear warheads on intercontinental ballistic missiles of the 
United States. 
Sec. 1044. Requirements for combined or interoperable warhead for certain missile 
systems. 
Sec. 1045. Reports on capability of conventional and nuclear forces against certain 
tunnel sites and on nuclear weapons program of the People’s Republic 
of China. 
Sec. 1046. Report on conventional and nuclear forces in the Western Pacific region. 
Subtitle F—Miscellaneous Authorities and Limitations 
Sec. 1051. Expansion of authority of the Secretary of the Army to loan or donate 
excess non-automatic service rifles for funeral and other ceremonial pur-
poses. 
Sec. 1052. Interagency collaboration on unmanned aircraft systems. 
Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected vehicles 
and spare parts. 
Sec. 1054. Notice to Congress of certain Department of Defense nondisclosure 
agreements. 
Sec. 1055. Extension of authority to provide assured business guarantees to car-
riers participating in Civil Reserve Air Fleet. 
Sec. 1056. Authority for short-term extension of lease for aircraft supporting the 
Blue Devil intelligence, surveillance, and reconnaissance program. 
Sec. 1057. Rule of construction relating to prohibition on infringing on the indi-
vidual right to lawfully acquire, possess, own, carry, and otherwise use 
privately owned firearms, ammunition, and other weapons. 
Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center. 
Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift aircraft for 
general support and time sensitive/mission critical direct support airlift 
missions of the Department of Defense. 
Subtitle G—Studies and Reports 
Sec. 1061. Electronic warfare strategy of the Department of Defense. 
Sec. 1062. Report on counterproliferation capabilities and limitations. 
Sec. 1063. Report on strategic airlift aircraft. 
Sec. 1064. Repeal of biennial report on the Global Positioning System. 
Sec. 1065. Improvements to reports required on acquisition of technology relating 
to weapons of mass destruction and the threat posed by weapons of 
mass destruction, ballistic missiles, and cruise missiles. 
Sec. 1066. Report on force structure of the United States Army. 
Sec. 1067. Report on planned efficiency initiatives at Space and Naval Warfare Sys-
tems Command. 
Sec. 1068. Report on military resources necessary to execute United States Force 
Posture Strategy in the Asia Pacific Region. 
Sec. 1069. Rialto-Colton Basin, California, water resources study. 
Sec. 1070. Reports on the potential security threat posed by Boko Haram. 
Sec. 1071. Study on the ability of national test and evaluation capabilities to sup-
port the maturation of hypersonic technologies for future defense sys-
tems development.
H. R. 4310—271 
Subtitle H—Other Matters 
Sec. 1076. Technical and clerical amendments. 
Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its 20th an-
niversary. 
Sec. 1078. Dissemination abroad of information about the United States. 
Sec. 1079. Coordination for computer network operations. 
Sec. 1080. Sense of Congress regarding unauthorized disclosures of classified infor-
mation. 
Sec. 1081. Technical amendments to repeal statutory references to United States 
Joint Forces Command. 
Sec. 1082. Sense of Congress on non-United States citizens who are graduates of 
United States educational institutions with advanced degrees in science, 
technology, engineering, and mathematics. 
Sec. 1083. Scientific framework for recalcitrant cancers. 
Sec. 1084. Protection of veterans’ memorials. 
Sec. 1085. Sense of Congress regarding spectrum. 
Sec. 1086. Public Safety Officers’ Benefits Program. 
Sec. 1087. Removal of action. 
Sec. 1088. Transport for female genital mutilation. 
Sec. 1089. Amendments to law enforcement officer safety provisions of title 18. 
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire suppression pur-
poses. 
Sec. 1091. Transfer of excess aircraft to other departments of the Federal Govern-
ment. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the Secretary of 
Defense that such action is necessary in the national interest, 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this division for 
fiscal year 2013 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of authorizations 
so transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—Except as provided in paragraph (3), the 
total amount of authorizations that the Secretary may transfer 
under 
the 
authority 
of 
this 
section 
may 
not 
exceed 
$4,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN
MILITARY
PER-
SONNEL AUTHORIZATIONS.—A transfer of funds between military 
personnel authorizations under title IV shall not be counted 
toward the dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by subsection (a) to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amount equal to the 
amount transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a).
H. R. 4310—272 
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purposes of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, jointly submitted for printing 
in the Congressional Record by the Chairmen of the House and 
Senate Budget Committees, provided that such statement has been 
submitted prior to the vote on passage in the House acting first 
on the conference report or amendment between the Houses. 
SEC. 1003. SENSE OF CONGRESS ON NOTICE TO CONGRESS ON 
UNFUNDED PRIORITIES. 
It is the sense of Congress that— 
(1) not later than 45 days after the submittal to Congress 
of the budget for a fiscal year under section 1105(a) of title 
31, United States Code, each officer specified in paragraph 
(2) should, through the Chairman of the Joint Chiefs of Staff 
and the Secretary of Defense, submit to the congressional 
defense committees a list of any priority military programs 
or activities under the jurisdiction of such officer for which, 
in the estimate of such officer additional funds, if available, 
would substantially reduce operational or programmatic risk 
or accelerate the creation or fielding of a critical military capa-
bility; 
(2) the officers specified in this paragraph are— 
(A) the Chief of Staff of the Army; 
(B) the Chief of Naval Operations; 
(C) the Chief of Staff of the Air Force; 
(D) the Commandant of the Marine Corps; and 
(E) the Commander of the United States Special Oper-
ations Command; and 
(3) each list, if any, under paragraph (1) should set forth 
for each military program or activity on such list— 
(A) a description of such program or activity; 
(B) a summary description of the justification for or 
objectives of additional funds, if available for such program 
or activity; and 
(C) the additional amount of funds recommended in 
connection with the justification or objectives described 
for such program or activity under subparagraph (B). 
SEC. 1004. AUTHORITY TO TRANSFER FUNDS TO THE NATIONAL 
NUCLEAR 
SECURITY 
ADMINISTRATION 
TO 
SUSTAIN 
NUCLEAR WEAPONS MODERNIZATION. 
(a) TRANSFER AUTHORIZED.—If the amount authorized to be 
appropriated for the weapons activities of the National Nuclear 
Security Administration for fiscal year 2013 in section 3101 is 
less than $7,900,000,000 (the amount projected to be required for 
such activities in fiscal year 2013 as specified in the report under 
section 1251 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 2549)), the Secretary 
of Defense may transfer, from amounts authorized to be appro-
priated for the Department of Defense for fiscal year 2013 pursuant 
to this Act, to the Secretary of Energy an amount, not to exceed 
$150,000,000, to be available only for weapons activities of the 
National Nuclear Security Administration.
H. R. 4310—273 
(b) NOTICE TO CONGRESS.—In the event of a transfer under 
subsection (a), the Secretary of Defense shall promptly notify Con-
gress of the transfer, and shall include in such notice the Depart-
ment of Defense account or accounts from which funds are trans-
ferred. 
(c) TRANSFER MECHANISM.—Any funds transferred under this 
section shall be transferred in accordance with established proce-
dures for reprogramming under section 1001 or successor provisions 
of law. 
(d) CONSTRUCTION OF AUTHORITY.—The transfer authority pro-
vided under subsection (a) is in addition to any other transfer 
authority provided under this Act. 
SEC. 1005. AUDIT READINESS OF DEPARTMENT OF DEFENSE STATE-
MENTS OF BUDGETARY RESOURCES. 
(a) OBJECTIVE.—Section 1003(a)(2)(A)(ii) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2439; 10 U.S.C. 2222 note) is amended by inserting 
‘‘, and the statement of budgetary resources of the Department 
of Defense is validated as ready for audit by not later than Sep-
tember 30, 2014’’ after ‘‘September 30, 2017’’. 
(b) AFFORDABLE AND SUSTAINABLE APPROACH.— 
(1) IN GENERAL.—The Chief Management Officer of the 
Department of Defense and the Chief Management Officers 
of each of the military departments shall ensure that plans 
to achieve an auditable statement of budgetary resources of 
the Department of Defense by September 30, 2014, include 
appropriate steps to minimize one-time fixes and manual work- 
arounds, are sustainable and affordable, and will not delay 
full auditability of financial statements. 
(2) ADDITIONAL
ELEMENTS
IN
FIAR
PLAN
REPORT.—Each 
semi-annual report on the Financial Improvement and Audit 
Readiness Plan of the Department of Defense submitted by 
the Under Secretary of Defense (Comptroller) under section 
1003(b) of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 2439; 10 U.S.C. 2222 
note) during the period beginning on the date of the enactment 
of this Act and ending on September 30, 2014, shall include 
the following: 
(A) A description of the actions taken by the military 
departments pursuant to paragraph (1). 
(B) A determination by the Chief Management Officer 
of each military department whether or not such military 
department is able to achieve an auditable statement of 
budgetary resources by September 30, 2014, without an 
unaffordable or unsustainable level of one-time fixes and 
manual work-arounds and without delaying the full 
auditability of the financial statements of such military 
department. 
(C) If the Chief Management Officer of a military 
department determines under subparagraph (B) that the 
military department is not able to achieve an auditable 
statement of budgetary resources by September 30, 2014, 
as described in that subparagraph— 
(i) an explanation why the military department 
is unable to meet the deadline;
H. R. 4310—274 
(ii) an alternative deadline by which the military 
department will achieve an auditable statement of 
budgetary resources; and 
(iii) a description of the plan of the military depart-
ment for meeting the alternative deadline. 
SEC. 1006. REPORT ON BALANCES CARRIED FORWARD BY THE DEPART-
MENT OF DEFENSE AT THE END OF FISCAL YEAR 2012. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress, and 
publish on the Internet website of the Department of Defense 
available to the public, the following: 
(1) The total dollar amount of all balances carried forward 
by the Department of Defense at the end of fiscal year 2012 
by account. 
(2) The total dollar amount of all unobligated balances 
carried forward by the Department of Defense at the end of 
fiscal year 2012 by account. 
(3) The total dollar amount of any balances (both obligated 
and unobligated) that have been carried forward by the Depart-
ment of Defense for five years or more as of the end of fiscal 
year 2012 by account. 
SEC. 
1007. 
REPORT 
ON 
ELIMINATION 
AND 
STREAMLINING 
OF 
REPORTING REQUIREMENTS, THRESHOLDS, AND STATU-
TORY AND REGULATORY REQUIREMENTS RESULTING 
FROM UNQUALIFIED AUDIT OPINION OF DEPARTMENT OF 
DEFENSE FINANCIAL STATEMENTS. 
Not later than 180 days after the date of the enactment of 
this Act, the Under Secretary of Defense (Comptroller) shall submit 
to the congressional defense committees a report setting forth, 
in the opinion of the Under Secretary, the following: 
(1) A list of reports currently required by law to be sub-
mitted by the Department of Defense to Congress that would 
be no longer necessary if the financial statements of the Depart-
ment of Defense were audited with an unqualified opinion. 
(2) A list of each statutory and regulatory requirement 
that would be no longer necessary if the financial statements 
of the Department of defense were audited with an unqualified 
opinion. 
(3) A list of each statutory and regulatory requirement 
that could be revised and streamlined if the financial statement 
of the Department of Defense were audited with an unqualified 
opinion. 
Subtitle B—Counter-Drug Activities 
SEC. 1008. EXTENSION OF THE AUTHORITY TO ESTABLISH AND 
OPERATE NATIONAL GUARD COUNTERDRUG SCHOOLS. 
Section 901 of the Office of National Drug Control Policy 
Reauthorization Act of 2006 (Public Law 109–469; 120 Stat. 3536; 
32 U.S.C. 112 note) is amended— 
(1) in subsection (c)— 
(A) by striking paragraph (1) and redesignating para-
graphs (2) through (5) as paragraphs (1) through (4), 
respectively; and 
(B) by adding at the end the following new paragraph:
H. R. 4310—275 
‘‘(5) The Western Regional Counterdrug Training Center, 
Camp Murray, Washington.’’; 
(2) by striking subsection (f) and inserting the following 
new subsection (f): 
‘‘(f) ANNUAL REPORT ON ACTIVITIES.—Not later than February 
1 each year, the Secretary of Defense shall submit to Congress 
a report on the activities of the National Guard counterdrug schools 
during the preceding year. Each such report shall set forth a 
description of the activities of each National Guard counterdrug 
school for the fiscal year preceding the fiscal year during which 
the report is submitted, including— 
‘‘(1) the amount of funding made available and the appro-
priation account for each National Guard counterdrug school 
during such fiscal year; 
‘‘(2) the cumulative amount of funding made available for 
each National Guard counterdrug school during five fiscal years 
preceding such fiscal year; 
‘‘(3) a description of the curriculum and training used at 
each National Guard counterdrug school; 
‘‘(4) a description of how the activities conducted at each 
National Guard counterdrug school fulfilled Department of 
Defense counterdrug mission; 
‘‘(5) a list of the entities described in subsection (b) whose 
personnel received training at each National Guard counterdrug 
school; and 
‘‘(6) updates, if any, to the Department of Defense regula-
tions prescribed under subsection (a).’’; and 
(3) in subsection (g)— 
(A) in paragraph (1), by striking ‘‘There is hereby 
authorized’’ and all that follows through ‘‘such fiscal year’’ 
and inserting the following: ‘‘Not more than $30,000,000 
may be expended by the Secretary of Defense for purposes 
of the National Guard counterdrug schools in any fiscal 
year’’; and 
(B) in paragraph (2), by striking ‘‘amount authorized 
to be appropriated by paragraph (1)’’ and inserting ‘‘amount 
expended pursuant to paragraph (1)’’. 
SEC. 1009. BIANNUAL REPORTS ON USE OF FUNDS IN THE DRUG INTER-
DICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE- 
WIDE ACCOUNT. 
(a) BIANNUAL REPORTS ON EXPENDITURES OF FUNDS.—Not later 
than 60 days after the end of the first half of a fiscal year and 
after the end of the second half of a fiscal year, the Secretary 
of Defense shall submit to the congressional defense committees 
a report setting forth a description of the expenditure of funds, 
by project code, from the Drug Interdiction and Counter-Drug 
Activities, Defense-wide account during such half of the fiscal year, 
including expenditures of funds in direct or indirect support of 
the counter-drug activities of foreign governments. 
(b) INFORMATION ON SUPPORT OF COUNTER-DRUG ACTIVITIES 
OF FOREIGN GOVERNMENTS.—The information in a report under 
subsection (a) on direct or indirect support of the counter-drug 
activities of foreign governments shall include, for each foreign 
government so supported, the following: 
(1) The total amount of assistance provided to, or expended 
on behalf of, the foreign government.
H. R. 4310—276 
(2) A description of the types of counter-drug activities 
conducted using the assistance. 
(3) An explanation of the legal authority under which the 
assistance was provided. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘first half of a fiscal year’’ means the period 
beginning on October 1 of any year and ending on March 
31 of the following year. 
(2) The term ‘‘second half of a fiscal year’’ means the 
period beginning on April 1 of any year and ending on Sep-
tember 30 of such year. 
(d) CESSATION OF REQUIREMENT.—No report shall be required 
under subsection (a) for any half of a fiscal year beginning on 
or after October 1, 2017. 
(e) REPEAL OF OBSOLETE AUTHORITY.—Section 1022 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001 
(as enacted into law by Public Law 106–398) is hereby repealed. 
SEC. 
1010. 
EXTENSION 
OF 
AUTHORITY 
TO 
SUPPORT 
UNIFIED 
COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN 
COLOMBIA. 
Section 1021 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 2042), as most recently amended by section 1007 of the 
National Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1558), is amended— 
(1) in subsection (a), by striking ‘‘2012’’ and inserting 
‘‘2013’’; and 
(2) in subsection (c), by striking ‘‘2012’’ and inserting 
‘‘2013’’. 
SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 
CONDUCTING COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1594; 10 U.S.C. 
371 note) is amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 
SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFICATION ON PROVI-
SION OF SUPPORT FOR COUNTER-DRUG ACTIVITIES TO 
CERTAIN FOREIGN GOVERNMENTS. 
Section 1033 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as most 
recently amended by section 1006 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1557), is further amended— 
(1) in subsection (f)(1), by striking ‘‘the written certification 
described in subsection (g) for that fiscal year.’’ and inserting 
‘‘a written certification described in subsection (g) applicable 
to that fiscal year. The first such certification with respect 
to any such government may apply only to a period of one 
fiscal year. Subsequent certifications with respect to any such 
government may apply to a period of not to exceed two fiscal 
years.’’; and 
(2) in subsection (g), in the matter preceding paragraph 
(1)— 
(A) by striking ‘‘The written’’ and inserting ‘‘A written’’; 
and
H. R. 4310—277 
(B) by striking ‘‘for a fiscal year’’ and all that follows 
through the colon and inserting ‘‘for a government to 
receive support under this section for any period of time 
is a certification of each of the following with respect to 
that government:’’. 
Subtitle C—Naval Vessels and Shipyards 
SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VESSELS OF 
THE STRIKE FORCES OF THE UNITED STATES NAVY. 
Section 1012(b) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 303), as most 
recently amended by section 1015 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4586), is amended by striking ‘‘Secretary of Defense’’ 
and all that follows through the period and inserting the following: 
‘‘Secretary of the Navy notifies the congressional defense committees 
that, as a result of a cost-benefit analysis, it would not be practical 
for the Navy to design the class of ships with an integrated nuclear 
power system.’’. 
SEC. 1014. LIMITATION ON AVAILABILITY OF FUNDS FOR DELAYED 
ANNUAL NAVAL VESSEL CONSTRUCTION PLAN. 
(a) IN GENERAL.—Section 231 of title 10, United States Code, 
is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
‘‘(e) LIMITATION ON AVAILABILITY OF FUNDS FOR FISCAL YEARS 
WITHOUT PLAN AND CERTIFICATION.—(1) If the Secretary of Defense 
does not include with the defense budget materials for a fiscal 
year the plan and certification under subsection (a), the Secretary 
of the Navy may not use more than 50 percent of the funds described 
in paragraph (2) during the fiscal year in which such materials 
are submitted until the date on which such plan and certification 
are submitted to the congressional defense committees. 
‘‘(2) The funds described in this paragraph are funds made 
available to the Secretary of the Navy for operation and mainte-
nance, Navy, for emergencies and extraordinary expenses.’’. 
(b) CONFORMING AMENDMENT.—Section 12304b(i) of title 10, 
United States Code, is amended by striking ‘‘section 231(g)(2)’’ 
and inserting ‘‘section 231(f)(2)’’. 
SEC. 1015. RETIREMENT OF NAVAL VESSELS. 
(a) REPORT REQUIRED.—Not later than 30 days after the date 
of the enactment of this Act, the Chief of Naval Operations shall 
submit to the congressional defense committees a report that sets 
forth a comprehensive description of the current requirements of 
the Navy for combatant vessels of the Navy, including submarines. 
(b) ADDITIONAL REPORT ELEMENT IF LESS THAN 313 VESSELS 
REQUIRED.—If the number of combatant vessels for the Navy 
(including submarines) specified as being required in the report 
under subsection (a) is less than 313 combatant vessels, the report 
shall include a justification for the number of vessels specified 
as being so required and the rationale by which the number of 
vessels is considered consistent with applicable strategic guidance 
issued by the President and the Secretary of Defense in 2012.
H. R. 4310—278 
SEC. 1016. TERMINATION OF A MARITIME PREPOSITIONING SHIP 
SQUADRON. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of the enactment of this Act, the Chief of Naval Operations 
and the Commandant of the Marine Corps shall jointly submit 
to the congressional defense committees a report setting forth 
an assessment of the Marine Corps Prepositioning Program– 
Norway and the capability of that program to address any 
readiness gaps that will be created by the termination of Mari-
time Prepositioning Ship Squadron One in the Mediterranean. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A detailed description of the time required to 
transfer stockpiles onto naval vessels for use in contingency 
operations. 
(B) A comparison of the response time of the Marine 
Corps Prepositioning Program–Norway with the response 
time of Maritime Prepositioning Ship Squadron One. 
(C) A description of the equipment stored in the stock-
piles of the Marine Corps Prepositioning Program–Norway, 
the differences (if any) between that equipment and the 
equipment of a Maritime Prepositioning Ship squadron, 
and any increased risk or operational plan impacts associ-
ated with using Prepositioning Program–Norway to fulfill 
the Maritime Prepositioning Ship squadron requirements. 
(D) A description and assessment of the current age 
and state of maintenance of the equipment of the Marine 
Corps Maritime Prepositioning Program-Norway. 
(E) A plan to address future requirements, equipment 
shortages, and modernization needs of the Marine Corps 
Maritime Prepositioning Program-Norway. 
(b) LIMITATION ON AVAILABILITY OF FUNDS.—Amounts author-
ized to be appropriated by this Act may not be obligated or expended 
to terminate a Maritime Prepositioning Ship squadron until the 
date of the submittal to the congressional defense committees of 
the report required by subsection (a). 
SEC. 1017. SENSE OF CONGRESS ON RECAPITALIZATION FOR THE NAVY 
AND COAST GUARD. 
(a) FINDINGS.—Congress makes the following findings: 
(1) More than 70 percent of the world’s surface is comprised 
of navigable oceans. 
(2) More than 80 percent of the population of the world 
lives within 100 miles of an ocean. 
(3) More than 90 percent of the world’s commerce traverses 
an ocean. 
(4) The national security of the United States is inextricably 
linked to the maintenance of global freedom of access for both 
the strategic and commercial interests of the United States. 
(5) To maintain that freedom of access the sea services 
of the United States, composed of the Navy, the Marine Corps, 
and the Coast Guard, must be sufficiently positioned as 
rotationally globally deployable forces with the capability to 
decisively defend United States citizens, homeland, and 
interests abroad from direct or asymmetric attack and must
H. R. 4310—279 
be comprised of sufficient vessels to maintain global freedom 
of action. 
(6) To achieve appropriate capabilities to ensure national 
security, the Government of the United States must continue 
to recapitalize the fleets of the Navy and Coast Guard and 
must continue to conduct vital maintenance and repair of 
existing vessels to ensure such vessels meet service life goals. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the sea services of the United States should be funded 
and maintained to provide the broad spectrum of capabilities 
required to protect the national security of the United States; 
(2) such capabilities should include— 
(A) the ability to project United States power rapidly 
anywhere on the globe without the need for host nation 
basing permission or long and potentially vulnerable logis-
tics supply lines; 
(B) the ability to land and recover maritime forces 
from the sea for direct combat action, to evacuate United 
States citizens from hostile situations, and to provide 
humanitarian assistance where needed; 
(C) the ability to operate from the subsurface with 
overpowering conventional combat power, as well as stra-
tegic deterrence; and 
(D) the ability to operate in collaboration with United 
States maritime partners in the common interest of pre-
venting piracy at sea and maintaining the commercial sea 
lanes available for global commerce; 
(3) the Secretary of Defense, in coordination with the Sec-
retary of the Navy, should maintain the recapitalization plans 
for the Navy as a priority in all future force structure decisions; 
and 
(4) the Secretary of Homeland Security should maintain 
the recapitalization plans for the Coast Guard as a priority 
in all future force structure decisions. 
SEC. 1018. NOTICE TO CONGRESS FOR THE REVIEW OF PROPOSALS 
TO NAME NAVAL VESSELS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Navy traces its ancestry to October 13, 1775, when 
an Act of the Continental Congress authorized the first vessel 
of a navy for the United Colonies. Vessels of the Continental 
Navy were named for early patriots and military heroes, Fed-
eral institutions, colonial cities, and positive character traits 
representative of naval and military virtues. 
(2) An Act of Congress on March 3, 1819, made the Sec-
retary of the Navy responsible for assigning names to vessels 
of the Navy. Traditional sources for vessel names customarily 
encompassed such categories as geographic locations in the 
United States; historic sites, battles, and ships; naval and mili-
tary heroes and leaders; and noted individuals who made distin-
guished contributions to United States national security. 
(3) These customs and traditions provide appropriate and 
necessary standards for the naming of vessels of the Navy. 
(b) NOTICE TO CONGRESS.—Section 7292 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection:
H. R. 4310—280 
‘‘(d)(1) The Secretary of the Navy may not announce or imple-
ment any proposal to name a vessel of the Navy until 30 days 
after the date on which the Secretary submits to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report setting forth such proposal. 
‘‘(2) Each report under this subsection shall describe the jus-
tification for the proposal covered by such report in accordance 
with the standards referred to in section 1024(a) of the National 
Defense Authorization Act for Fiscal Year 2013.’’. 
(c) EFFECTIVE DATE.—This section and the amendment made 
by this section shall go into effect on the date that is 30 days 
after the date of the enactment of this Act. 
Subtitle D—Counterterrorism 
SEC. 1021. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COM-
BATING TERRORISM. 
(a) EXTENSION.—Section 127b(c)(3)(C) of title 10, United States 
Code, is amended by striking ‘‘September 30, 2013’’ and inserting 
‘‘September 30, 2014’’. 
(b) REPORT TO CONGRESS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report that out-
lines the future requirements and authorities to make rewards 
for combating terrorism. The report shall include— 
(1) an analysis of future requirements under section 127b 
of title 10, United States Code; 
(2) a detailed description of requirements for rewards in 
support of operations with allied forces; and 
(3) an overview of geographic combatant commander 
requirements through September 30, 2014. 
SEC. 1022. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 
FACILITIES 
IN 
THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be appropriated 
or otherwise made available to the Department of Defense for 
fiscal year 2013 may be used to construct or modify any facility 
in the United States, its territories, or possessions to house any 
individual detained at Guantanamo for the purposes of detention 
or imprisonment in the custody or under the control of the Depart-
ment of Defense unless authorized by Congress. 
(b) EXCEPTION.—The prohibition in subsection (a) shall not 
apply to any modification of facilities at United States Naval Sta-
tion, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this 
section, the term ‘‘individual detained at Guantanamo’’ has the 
meaning given that term in section 1028(f)(2). 
SEC. 1023. REPORT ON RECIDIVISM OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
CUBA, WHO HAVE BEEN TRANSFERRED TO FOREIGN 
COUNTRIES. 
(a) REPORT REQUIRED.—Not later than 60 days after the date 
of the enactment of this Act, and annually thereafter for five years, 
the Director of the Defense Intelligence Agency, in consultation
H. R. 4310—281 
with the head of each element of the intelligence community that 
the Director considers appropriate, shall submit to the covered 
congressional committees a report assessing the factors that cause 
or contribute to the recidivism of individuals detained at Guanta-
namo who are transferred or released to a foreign country. Such 
report shall include— 
(1) a discussion of trends, by country and region, where 
recidivism has occurred; and 
(2) an assessment of the implementation by foreign coun-
tries of the international arrangements relating to the transfer 
or release of individuals detained at Guantanamo reached 
between the United States and each foreign country to which 
an individual detained at Guantanamo has been transferred 
or released. 
(b) FORM.—The report required under subsection (a) may be 
submitted in classified form. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered congressional committees’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Permanent Select Committee 
on Intelligence of the House of Representatives; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Relations, and the Select Committee on Intel-
ligence of the Senate. 
(2) The term ‘‘individual detained at Guantanamo’’ means 
any individual who is or was located at United States Naval 
Station, Guantanamo Bay, Cuba, who— 
(A) is not a citizen of the United States or a member 
of the Armed Forces of the United States; and 
(B) on or after January 1, 2002, was— 
(i) in the custody or under the control of the 
Department of Defense; or 
(ii) otherwise under detention at United States 
Naval Station, Guantanamo Bay, Cuba. 
SEC. 1024. NOTICE AND REPORT ON USE OF NAVAL VESSELS FOR 
DETENTION 
OF 
INDIVIDUALS 
CAPTURED 
OUTSIDE 
AFGHANISTAN PURSUANT TO THE AUTHORIZATION FOR 
USE OF MILITARY FORCE. 
(a) NOTICE TO CONGRESS.—Not later than 30 days after first 
detaining an individual pursuant to the Authorization for Use of 
Military Force (Public Law 107–40; 50 U.S.C. 1541 note) on a 
naval vessel outside the United States, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives notice of the detention. In the case 
of such an individual who is transferred or released before the 
submittal of the notice of the individual’s detention, the Secretary 
shall also submit to such Committees notice of the transfer or 
release. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the use of naval 
vessels for the detention outside the United States of any 
individual who is detained pursuant to the Authorization for
H. R. 4310—282 
Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 
note). Such report shall include— 
(A) procedures and any limitations on detaining such 
individuals at sea on board United States naval vessels; 
(B) an assessment of any force protection issues associ-
ated with detaining such individuals on such vessels; 
(C) an assessment of the likely effect of such detentions 
on the original mission of such naval vessels; and 
(D) any restrictions on long-term detention of individ-
uals on United States naval vessels. 
(2) FORM OF REPORT.—The report required under paragraph 
(1) may be submitted in classified form. 
SEC. 1025. NOTICE REQUIRED PRIOR TO TRANSFER OF CERTAIN 
INDIVIDUALS DETAINED AT THE DETENTION FACILITY AT 
PARWAN, AFGHANISTAN. 
(a) NOTICE REQUIRED.—The Secretary of Defense shall submit 
to the appropriate congressional committees notice in writing of 
the proposed transfer of any individual detained pursuant to the 
Authorization for Use of Military Force (Public Law 107–40; 50 
U.S.C. 1541 note) who is a national of a country other than the 
United States or Afghanistan from detention at the Detention 
Facility at Parwan, Afghanistan, to the custody of the Government 
of Afghanistan or of any other country. Such notice shall be provided 
not later than 10 days before such a transfer may take place. 
(b) ASSESSMENTS REQUIRED.—Prior to any transfer referred 
to under subsection (a), the Secretary shall ensure that an assess-
ment is conducted as follows: 
(1) In the case of the proposed transfer of such an individual 
by reason of the individual being released, an assessment of 
the threat posed by the individual and the security environment 
of the country to which the individual is to be transferred. 
(2) In the case of the proposed transfer of such an individual 
to a country other than Afghanistan for the purpose of the 
prosecution of the individual, an assessment regarding the 
capacity, willingness, and historical track record of the country 
with respect to prosecuting similar cases, including a review 
of the primary evidence against the individual to be transferred 
and any significant admissibility issues regarding such evidence 
that are expected to arise in connection with the prosecution 
of the individual. 
(3) In the case of the proposed transfer of such an individual 
for reintegration or rehabilitation in a country other than 
Afghanistan, an assessment regarding the capacity, willingness, 
and historical track records of the country for reintegrating 
or rehabilitating similar individuals. 
(4) In the case of the proposed transfer of such an individual 
to the custody of the Government of Afghanistan for prosecution 
or detention, an assessment regarding the capacity, willingness, 
and historical track record of Afghanistan to prosecute or detain 
long-term such individuals. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the Committee on Armed Services and the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Armed Services and the Committee on Foreign Relations of the 
Senate.
H. R. 4310—283 
SEC. 1026. REPORT ON RECIDIVISM OF INDIVIDUALS FORMERLY 
DETAINED AT THE DETENTION FACILITY AT PARWAN, 
AFGHANISTAN. 
(a) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the relevant congressional committees a report on the estimated 
recidivism rates and the factors that appear to contribute to the 
recidivism of individuals formerly detained at the Detention Facility 
at Parwan, Afghanistan, who were transferred or released, including 
the estimated total number of individuals who have been recaptured 
on one or more occasion. 
(b) FORM.—The report required under subsection (a) may be 
submitted in classified form. 
(c) RELEVANT CONGRESSIONAL COMMITTEES DEFINED.—In this 
section, the term ‘‘relevant congressional committees’’ means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives. 
SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT UNITED 
STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated by this Act 
for fiscal year 2013 may be used to transfer, release, or assist 
in the transfer or release to or within the United States, its terri-
tories, or possessions of Khalid Sheikh Mohammed or any other 
detainee who— 
(1) is not a United States citizen or a member of the 
Armed Forces of the United States; and 
(2) is or was held on or after January 20, 2009, at United 
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 1028. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE 
TRANSFER OF DETAINEES AT UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES 
AND OTHER FOREIGN ENTITIES. 
(a) CERTIFICATION REQUIRED PRIOR TO TRANSFER.— 
(1) IN GENERAL.—Except as provided in paragraph (2) and 
subsection (d), the Secretary of Defense may not use any 
amounts authorized to be appropriated or otherwise available 
to the Department of Defense for fiscal year 2013 to transfer 
any individual detained at Guantanamo to the custody or con-
trol of the individual’s country of origin, any other foreign 
country, or any other foreign entity unless the Secretary sub-
mits to Congress the certification described in subsection (b) 
not later than 30 days before the transfer of the individual. 
(2) EXCEPTION.—Paragraph (1) shall not apply to any action 
taken by the Secretary to transfer any individual detained 
at Guantanamo to effectuate an order affecting the disposition 
of the individual that is issued by a court or competent tribunal 
of the United States having lawful jurisdiction (which the Sec-
retary shall notify Congress of promptly after issuance). 
(b) CERTIFICATION.—A certification described in this subsection 
is a written certification made by the Secretary of Defense, with
H. R. 4310—284 
the concurrence of the Secretary of State and in consultation with 
the Director of National Intelligence, that— 
(1) the government of the foreign country or the recognized 
leadership of the foreign entity to which the individual detained 
at Guantanamo is to be transferred— 
(A) is not a designated state sponsor of terrorism or 
a designated foreign terrorist organization; 
(B) maintains control over each detention facility in 
which the individual is to be detained if the individual 
is to be housed in a detention facility; 
(C) is not, as of the date of the certification, facing 
a threat that is likely to substantially affect its ability 
to exercise control over the individual; 
(D) has taken or agreed to take effective actions to 
ensure that the individual cannot take action to threaten 
the United States, its citizens, or its allies in the future; 
(E) has taken or agreed to take such actions as the 
Secretary of Defense determines are necessary to ensure 
that the individual cannot engage or reengage in any ter-
rorist activity; and 
(F) has agreed to share with the United States any 
information that— 
(i) is related to the individual or any associates 
of the individual; and 
(ii) could affect the security of the United States, 
its citizens, or its allies; and 
(2) includes an assessment, in classified or unclassified 
form, of the capacity, willingness, and past practices (if 
applicable) of the foreign country or entity in relation to the 
Secretary’s certifications. 
(c) PROHIBITION IN CASES OF PRIOR CONFIRMED RECIDIVISM.— 
(1) PROHIBITION.—Except as provided in paragraph (2) and 
subsection (d), the Secretary of Defense may not use any 
amounts authorized to be appropriated or otherwise made avail-
able to the Department of Defense to transfer any individual 
detained at Guantanamo to the custody or control of the individ-
ual’s country of origin, any other foreign country, or any other 
foreign entity if there is a confirmed case of any individual 
who was detained at United States Naval Station, Guantanamo 
Bay, Cuba, at any time after September 11, 2001, who was 
transferred to such foreign country or entity and subsequently 
engaged in any terrorist activity. 
(2) EXCEPTION.—Paragraph (1) shall not apply to any action 
taken by the Secretary to transfer any individual detained 
at Guantanamo to effectuate an order affecting the disposition 
of the individual that is issued by a court or competent tribunal 
of the United States having lawful jurisdiction (which the Sec-
retary shall notify Congress of promptly after issuance). 
(d) NATIONAL SECURITY WAIVER.— 
(1) IN GENERAL.—The Secretary of Defense may waive the 
applicability to a detainee transfer of a certification requirement 
specified in subparagraph (D) or (E) of subsection (b)(1) or 
the prohibition in subsection (c), if the Secretary certifies the 
rest of the criteria required by subsection (b) for transfers 
prohibited by (c) and, with the concurrence of the Secretary 
of State and in consultation with the Director of National 
Intelligence, determines that—
H. R. 4310—285 
(A) alternative actions will be taken to address the 
underlying purpose of the requirement or requirements 
to be waived; 
(B) in the case of a waiver of subparagraph (D) or 
(E) of subsection (b)(1), it is not possible to certify that 
the risks addressed in the paragraph to be waived have 
been completely eliminated, but the actions to be taken 
under subparagraph (A) will substantially mitigate such 
risks with regard to the individual to be transferred; 
(C) in the case of a waiver of subsection (c), the Sec-
retary has considered any confirmed case in which an 
individual who was transferred to the country subsequently 
engaged in terrorist activity, and the actions to be taken 
under subparagraph (A) will substantially mitigate the risk 
of recidivism with regard to the individual to be trans-
ferred; and 
(D) the transfer is in the national security interests 
of the United States. 
(2) REPORTS.—Whenever the Secretary makes a determina-
tion under paragraph (1), the Secretary shall submit to the 
appropriate committees of Congress, not later than 30 days 
before the transfer of the individual concerned, the following: 
(A) A copy of the determination and the waiver con-
cerned. 
(B) A statement of the basis for the determination, 
including— 
(i) an explanation why the transfer is in the 
national security interests of the United States; 
(ii) in the case of a waiver of paragraph (D) or 
(E) of subsection (b)(1), an explanation why it is not 
possible to certify that the risks addressed in the para-
graph to be waived have been completely eliminated; 
and 
(iii) a classified summary of— 
(I) the individual’s record of cooperation while 
in the custody of or under the effective control 
of the Department of Defense; and 
(II) the agreements and mechanisms in place 
to provide for continuing cooperation. 
(C) A summary of the alternative actions to be taken 
to address the underlying purpose of, and to mitigate the 
risks addressed in, the paragraph or subsection to be 
waived. 
(D) The assessment required by subsection (b)(2). 
(e) RECORD OF COOPERATION.—In assessing the risk that an 
individual detained at Guantanamo will engage in terrorist activity 
or other actions that could affect the security of the United States 
if released for the purpose of making a certification under subsection 
(b) or a waiver under subsection (d), the Secretary of Defense 
may give favorable consideration to any such individual— 
(1) who has substantially cooperated with United States 
intelligence and law enforcement authorities, pursuant to a 
pre-trial agreement, while in the custody of or under the effec-
tive control of the Department of Defense; and 
(2) for whom agreements and effective mechanisms are 
in place, to the extent relevant and necessary, to provide for
H. R. 4310—286 
continued cooperation with United States intelligence and law 
enforcement authorities. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Select Committee on Intel-
ligence of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Permanent Select Committee 
on Intelligence of the House of Representatives. 
(2) The term ‘‘individual detained at Guantanamo’’ means 
any individual located at United States Naval Station, Guanta-
namo Bay, Cuba, as of October 1, 2009, who— 
(A) is not a citizen of the United States or a member 
of the Armed Forces of the United States; and 
(B) is— 
(i) in the custody or under the control of the 
Department of Defense; or 
(ii) otherwise under detention at United States 
Naval Station, Guantanamo Bay, Cuba. 
(3) The term ‘‘foreign terrorist organization’’ means any 
organization so designated by the Secretary of State under 
section 219 of the Immigration and Nationality Act (8 U.S.C. 
1189). 
SEC. 1029. RIGHTS UNAFFECTED. 
Nothing in the Authorization for Use of Military Force (Public 
Law 107–40; 50 U.S.C. 1541 note) or the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81) shall 
be construed to deny the availability of the writ of habeas corpus 
or to deny any Constitutional rights in a court ordained or estab-
lished by or under Article III of the Constitution to any person 
inside the United States who would be entitled to the availability 
of such writ or to such rights in the absence of such laws. 
Subtitle E—Nuclear Forces 
SEC. 1031. NUCLEAR WEAPONS EMPLOYMENT STRATEGY OF THE 
UNITED STATES. 
(a) REPORTS ON STRATEGY.—Section 491 of title 10, United 
States Code, is— 
(1) transferred to chapter 24 of such title, as added by 
subsection (b)(1); and 
(2) amended— 
(A) in the heading, by inserting ‘‘weapons’’ after 
‘‘Nuclear’’; 
(B) by striking ‘‘nuclear employment strategy’’ each 
place it appears and inserting ‘‘nuclear weapons employ-
ment strategy’’; 
(C) in paragraph (1)— 
(i) by inserting ‘‘the’’ after ‘‘modifications to’’; and 
(ii) by inserting ‘‘, plans, and options’’ after 
‘‘employment strategy’’; 
(D) by inserting after paragraph (3) the following new 
paragraph:
H. R. 4310—287 
‘‘(4) The extent to which such modifications include an 
increased reliance on conventional or non-nuclear global strike 
capabilities or missile defenses of the United States.’’; 
(E) by striking ‘‘On the date’’ and inserting ‘‘(a) 
REPORTS.—On the date’’; and 
(F) by adding at the end the following new subsections: 
‘‘(b) ANNUAL BRIEFINGS.—Not later than March 15 of each 
year, the Secretary of Defense shall provide to the congressional 
defense committees a briefing regarding the nuclear weapons 
employment strategy, plans, and options of the United States. 
‘‘(c) NOTIFICATION OF ANOMALIES.—(1) The Secretary of Defense 
shall submit to the congressional defense committees written 
notification of an anomaly in the nuclear command, control, and 
communications system of the United States that is reported to 
the Secretary of Defense or the Nuclear Weapons Council by not 
later than 14 days after the date on which the Secretary or the 
Council learns of such anomaly, as the case may be. 
‘‘(2) In this subsection, the term ‘anomaly’ means any 
unplanned, irregular, or abnormal event, whether unexplained or 
caused intentionally or unintentionally by a person or a system.’’. 
(b) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) CHAPTER 24.—Part I of subtitle A of title 10, United 
States Code, is amended by adding at the end the following 
new chapter: 
‘‘CHAPTER 24—NUCLEAR POSTURE 
‘‘Sec. 
‘‘491. Nuclear weapons employment strategy of the United States: reports on modi-
fication of strategy.’’. 
(2) TABLE
OF
CHAPTERS.—The table of chapters at the 
beginning of subtitle A of title 10, United States Code, and 
at the beginning of part I of such subtitle, are each amended 
by inserting after the item relating to chapter 23 the following 
new item: 
‘‘24. Nuclear posture ...........................................................................................
491’’. 
(3) TRANSFER OF PROVISIONS.— 
(A) CHAPTER 23.—Chapter 23 of title 10, United States 
Code, is amended as follows: 
(i) Section 490a is— 
(I) transferred to chapter 24 of such title, as 
added by paragraph (1); 
(II) inserted after section 491 of such title, 
as added to such chapter 24 by subsection (a)(1); 
and 
(III) redesignated as section 492. 
(ii) The table of sections at the beginning of such 
chapter 23 is amended by striking the items relating 
to sections 490a and 491. 
(B) FY12 NDAA.—Section 1077 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112– 
81; 50 U.S.C. 2514) is— 
(i) transferred to chapter 24 of title 10, United 
States Code, as added by paragraph (1); 
(ii) inserted after section 492 of such title, as added 
by subparagraph (A)(i); 
(iii) redesignated as section 493; and
H. R. 4310—288 
(iv) amended by striking ‘‘the date of the enact-
ment of this Act’’ and inserting ‘‘December 31, 2011,’’. 
(III) by striking ‘‘the date of the enactment 
of this Act’’ and inserting ‘‘December 31, 2011,’’. 
(C) CLERICAL AMENDMENTS.— 
(i) TABLE OF SECTIONS.—The table of sections at 
the beginning of chapter 24 of title 10, United States 
Code, as added by paragraph (1), is amended by 
inserting after the item relating to section 491 the 
following new items: 
‘‘492. Biennial assessment and report on the delivery platforms for nuclear weapons 
and the nuclear command and control system. 
‘‘493. Reports to Congress on the modification of the force structure for the strategic 
nuclear weapons delivery systems of the United States.’’. 
(ii) SECTION HEADING TYPEFACE AND TYPESTYLE.— 
Section 493 of title 10, United States Code, as added 
by subparagraph (B), is amended— 
(I) in the enumerator, by striking ‘‘SEC.’’ and 
inserting ‘‘§’’; and 
(II) in the section heading— 
(aa) by striking the period at the end; 
and 
(bb) by conforming the typeface and 
typestyle, including capitalization, to the type-
face and typestyle as used in the section 
heading of section 491 of such title. 
(4) CONFORMING
AMENDMENT.—Section 1031(b) of the 
National Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1574) is amended by striking ‘‘section 
490a of title 10, United States Code, as added by subsection 
(a),’’ and inserting ‘‘section 492 of title 10, United States Code,’’. 
SEC. 1032. PROGRESS OF MODERNIZATION. 
(a) NUCLEAR EMPLOYMENT STRATEGY.—Subsection (a) of section 
491 of title 10, United States Code, as amended by section 1031, 
is amended by striking ‘‘On the date on which the President issues’’ 
and inserting ‘‘By not later than 60 days before the date on which 
the President implements’’. 
(b) REPORTS REQUIRED.—Such section 491 is further amended 
by adding at the end the following: 
‘‘(d) REPORTS ON 2010 NUCLEAR POSTURE REVIEW IMPLEMENTA-
TION STUDY DECISIONS.—During each of fiscal years 2012 through 
2021, not later than 60 days before the date on which the President 
carries out the results of the decisions made pursuant to the 2010 
Nuclear Posture Review Implementation Study that would alter 
the nuclear weapons employment strategy, guidance, plans, or 
options of the United States, the President shall— 
‘‘(1) ensure that the annual report required under section 
1043(a)(1) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1576) is transmitted 
to Congress, if so required; 
‘‘(2) ensure that the report required under section 
494(a)(2)(A) of this title is transmitted to Congress, if so 
required under such section; and 
‘‘(3) transmit to the congressional defense committees a 
report providing the high-, medium-, and low- confidence assess-
ments of the intelligence community (as defined in section
H. R. 4310—289 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) 
as to whether the United States will have significant warning 
of a strategic surprise or breakout caused by foreign nuclear 
weapons developments.’’. 
SEC. 1033. REPORT IN THE EVENT OF INSUFFICIENT FUNDING FOR 
MODERNIZATION OF NUCLEAR WEAPONS STOCKPILE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) consistent with Condition 9 of the Resolution of Advice 
and Consent to Ratification of the New START Treaty of the 
Senate, agreed to on December 22, 2010, the United States 
is committed to ensuring the safety, security, reliability, and 
credibility of its nuclear forces; and 
(2) the United States is committed to— 
(A) proceeding with a robust stockpile stewardship pro-
gram and maintaining and modernizing nuclear weapons 
production capabilities and capacities of the United States 
to ensure the safety, security, reliability, and credibility 
of the nuclear arsenal of the United States at the New 
START Treaty levels and meeting requirements for hedging 
against possible international developments or technical 
problems; 
(B) reinvigorating and sustaining the nuclear security 
laboratories of the United States and preserving the core 
nuclear weapons competencies therein; and 
(C) providing the resources needed to achieve these 
objectives, using as a starting point the levels set forth 
in the President’s 10-year plan provided to Congress in 
November 2010 pursuant to section 1251 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549). 
(b) INSUFFICIENT FUNDING REPORT.— 
(1) IN
GENERAL.—Section 1045 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 
50 U.S.C. 2523b) is— 
(A) transferred to chapter 24 of title 10, United States 
Code, as added by section 1031(b); 
(B) inserted after section 493 of such title, as added 
to such chapter 24 by such section 1031(b); 
(C) redesignated as section 494; and 
(D) amended by amending paragraph (2) of subsection 
(a) to read as follows: 
‘‘(2) INSUFFICIENT FUNDING.— 
‘‘(A) REPORT.—During each year in which the New 
START Treaty is in force, if the President determines that 
an appropriations Act is enacted that fails to meet the 
resource levels set forth in the November 2010 update 
to the plan referred to in section 1251 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549) or if at any time determines 
that more resources are required to carry out such plan 
than were estimated, the President shall transmit to the 
appropriate congressional committees, within 60 days of 
making such a determination, a report detailing— 
‘‘(i) a plan to address the resource shortfall; 
‘‘(ii) if more resources are required to carry out 
the plan than were estimated—
H. R. 4310—290 
‘‘(I) the proposed level of funding required; 
and 
‘‘(II) an identification of the stockpile work, 
campaign, facility, site, asset, program, operation, 
activity, construction, or project for which addi-
tional funds are required; 
‘‘(iii) any effects caused by the shortfall on the 
safety, security, reliability, or credibility of the nuclear 
forces of the United States; 
‘‘(iv) whether and why, in light of the shortfall, 
remaining a party to the New START Treaty is still 
in the national interest of the United States; and 
‘‘(v) a detailed explanation of why the moderniza-
tion timelines established in the 2010 Nuclear Posture 
Review are no longer applicable. 
‘‘(B) PRIOR NOTIFICATION.—If the President transmits 
a report under subparagraph (A), the President shall notify 
the appropriate congressional committees of any determina-
tion by the President to reduce the number of deployed 
nuclear warheads of the United States by not later than 
60 days before taking any action to carry out such reduc-
tion. 
‘‘(C) EXCEPTION.—The limitation in subparagraph (B) 
shall not apply to— 
‘‘(i) reductions made to ensure the safety, security, 
reliability, and credibility of the nuclear weapons stock-
pile and strategic delivery systems, including activities 
related 
to 
surveillance, 
assessment, 
certification, 
testing, and maintenance of nuclear warheads and 
strategic delivery systems; or 
‘‘(ii) nuclear warheads that are retired or awaiting 
dismantlement on the date of the report under 
subparagraph (A). 
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) The term ‘appropriate congressional commit-
tees’ means— 
‘‘(I) the congressional defense committees; and 
‘‘(II) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs 
of the House of Representatives. 
‘‘(ii) The term ‘New START Treaty’ means the 
Treaty between the United States of America and the 
Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive Arms, 
signed on April 8, 2010, and entered into force on 
February 5, 2011.’’. 
(2) CLERICAL AMENDMENTS.— 
(A) TABLE OF CONTENTS.—The table of sections at the 
beginning of chapter 24 of title 10, United States Code, 
as added by section 1031(b), is amended by inserting after 
the item relating to section 493 the following new item: 
‘‘494. Nuclear force reductions.’’. 
(B) SECTION HEADING TYPEFACE AND TYPESTYLE.—Sec-
tion 494 of title 10, United States Code, as added by 
paragraph (1), is amended—
H. R. 4310—291 
(i) in the enumerator, by striking ‘‘SEC.’’ and 
inserting ‘‘§’’; and 
(ii) in the section heading— 
(I) by striking the period at the end; and 
(II) by conforming the typeface and typestyle, 
including capitalization, to the typeface and 
typestyle as used in the section heading of section 
491 of such title. 
(4) EFFECTIVE DATE.—The amendment made by paragraph 
(1)(D) shall take effect on October 1, 2012. 
SEC. 1034. PREVENTION OF ASYMMETRY OF NUCLEAR WEAPON STOCK-
PILE REDUCTIONS. 
Section 494 of title 10, United States Code, as added by section 
1033(b)(1), is amended by adding at the end the following new 
subsection: 
‘‘(d) PREVENTION OF ASYMMETRY IN REDUCTIONS.— 
‘‘(1) CERTIFICATION.—During any year in which the Presi-
dent recommends to reduce the number of nuclear weapons 
in the active and inactive stockpiles of the United States by 
a number that is greater than a de minimis reduction, the 
President shall certify in writing to the congressional defense 
committees whether such reductions will cause the number 
of nuclear weapons in such stockpiles to be fewer than the 
high-confidence assessment of the intelligence community (as 
defined in section 3(4) of the National Security Act of 1947 
(50 U.S.C. 401a(4))) with respect to the number of nuclear 
weapons in the active and inactive stockpiles of the Russian 
Federation. 
‘‘(2) NOTIFICATION.—If the President certifies under para-
graph (1) that the recommended number of nuclear weapons 
in the active and inactive stockpiles of the United States is 
fewer than the high-confidence assessment of the intelligence 
community with respect to the number of nuclear weapons 
in the active and inactive stockpiles of the Russian Federation, 
the President shall transmit to the congressional defense 
committees a report by the Commander of the United States 
Strategic Command, without change, detailing whether the rec-
ommended reduction would create a strategic imbalance or 
degrade deterrence and extended deterrence between the total 
number of nuclear weapons of the United States and the total 
number of nuclear weapons of the Russian Federation. The 
President shall transmit such report by not later than 60 days 
before the date on which the President carries out any such 
recommended reductions. 
‘‘(3) EXCEPTION.—The notification in paragraph (2) shall 
not apply to— 
‘‘(A) reductions made to ensure the safety, security, 
reliability, and credibility of the nuclear weapons stockpile 
and strategic delivery systems, including activities related 
to surveillance, assessment, certification, testing, and 
maintenance of nuclear warheads and strategic delivery 
systems; or 
‘‘(B) nuclear warheads that are retired or awaiting 
dismantlement on the date of the certification under para-
graph (1).
H. R. 4310—292 
‘‘(4) ADDITIONAL VIEWS.—On the date on which the Presi-
dent transmits to the congressional defense committees a report 
by the Commander of the United States Strategic Command 
under paragraph (2), the President may transmit to such 
committees a report by the President with respect to whether 
the recommended reductions covered by the report of the Com-
mander will impact the deterrence or extended deterrence 
capabilities of the United States.’’. 
SEC. 1035. STRATEGIC DELIVERY SYSTEMS. 
(a) IN GENERAL.—Chapter 24 of title 10, United States Code, 
as added by section 1031(b), is amended by inserting after section 
494, as added by section 1033(b)(1), the following new section: 
‘‘§ 495. Strategic delivery systems 
‘‘(a) ANNUAL CERTIFICATION.—Beginning in fiscal year 2013, 
the President shall annually certify in writing to the congressional 
defense committees whether plans to modernize or replace strategic 
delivery systems are fully funded at levels equal to or more than 
the levels set forth in the November 2010 update to the plan 
referred to in section 1251 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549), 
including plans regarding— 
‘‘(1) a heavy bomber and air-launched cruise missile; 
‘‘(2) an intercontinental ballistic missile; 
‘‘(3) a submarine-launched ballistic missile; 
‘‘(4) a ballistic missile submarine; and 
‘‘(5) maintaining the nuclear command and control system 
(as first reported under section 1043 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 
125 Stat. 1576)). 
‘‘(b) ADDITIONAL REPORT MATTERS FOLLOWING CERTAIN CER-
TIFICATIONS.—If in any year before fiscal year 2020 the President 
certifies under subsection (a) that plans to modernize or replace 
strategic delivery systems are not fully funded, the President shall 
include in the next annual report transmitted to Congress under 
section 1043 of the National Defense Authorization Act for Fiscal 
Year 2012 the following: 
‘‘(1) A determination of whether or not the lack of full 
funding will result in a loss of military capability when com-
pared with the November 2010 update to the plan referred 
to in section 1251 of the National Defense Authorization Act 
for Fiscal Year 2010. 
‘‘(2) If the determination under paragraph (1) is that the 
lack of full funding will result in a loss of military capability— 
‘‘(A) a plan to preserve or retain the military capability 
that would otherwise be lost; or 
‘‘(B) a report setting forth— 
‘‘(i) an assessment of the impact of the lack of 
full funding on the strategic delivery systems specified 
in subsection (a); and 
‘‘(ii) a description of the funding required to restore 
or maintain the capability. 
‘‘(3) A certification by the President of whether or not 
the President is committed to accomplishing the modernization 
and replacement of strategic delivery systems and will meet 
the obligations concerning nuclear modernization as set forth
H. R. 4310—293 
in declaration 12 of the Resolution of Advice and Consent 
to Ratification of the New START Treaty. 
‘‘(c) PRIOR NOTIFICATION.—Not later than 60 days before the 
date on which the President carries out any reduction to the number 
of strategic delivery systems, the President shall— 
‘‘(1) make the certification under subsection (a) for the 
fiscal year for which the reductions are proposed to be carried 
out; 
‘‘(2) transmit the additional report matters under sub-
section (b) for such fiscal year, if such additional report matters 
are so required; and 
‘‘(3) certify to the congressional defense committees that 
the Russian Federation is in compliance with its arms control 
obligations with the United States and is not engaged in activity 
in violation of, or inconsistent with, such obligations. 
‘‘(d) TREATMENT OF CERTAIN REDUCTIONS.—Any certification 
under subsection (a) shall not take into account the following: 
‘‘(1) Reductions made to ensure the safety, security, reli-
ability, and credibility of the nuclear weapons stockpile and 
strategic delivery systems, including activities related to 
surveillance, assessment, certification, testing, and mainte-
nance of nuclear warheads and delivery systems. 
‘‘(2) Strategic delivery systems that are retired or awaiting 
dismantlement on the date of the certification under subsection 
(a). 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘New START Treaty’ means the Treaty 
between the United States of America and the Russian Federa-
tion on Measures for the Further Reduction and Limitation 
of Strategic Offensive Arms, signed on April 8, 2010, and 
entered into force on February 5, 2011. 
‘‘(2) The term ‘strategic delivery system’ means a delivery 
system for nuclear weapons.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 24 of such title is amended by inserting after 
the item relating to section 494, as added by section 1033(b)(2), 
the following new item: 
‘‘495. Strategic delivery systems.’’. 
SEC. 1036. CONSIDERATION OF EXPANSION OF NUCLEAR FORCES OF 
OTHER COUNTRIES. 
(a) IN GENERAL.—Chapter 24 of title 10, United States Code, 
as added by section 1031(b), is amended by inserting after section 
495, as added by section 1035(a), the following new section: 
‘‘§ 496. Consideration of expansion of nuclear forces of other 
countries 
‘‘(a) REPORT AND CERTIFICATION.—Not later than 60 days before 
the President recommends any reductions to the nuclear forces 
of the United States— 
‘‘(1) the President shall transmit to the appropriate congres-
sional committees a report detailing, for each country with 
nuclear weapons, the high-, medium-, and low- confidence 
assessment of the intelligence community (as defined in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) 
with respect to—