521 
‘‘(b) LIMITATION.—If the President certifies under 
subsection (a) that plans to modernize or replace strategic 
delivery systems are not fully resourced or being executed, 
none of the funds made available for fiscal year 2012 or 
any fiscal year thereafter for the Department of Defense 
may be used to reduce, convert, or eliminate strategic de-
livery systems, whether deployed or nondeployed, pursuant 
to the New START Treaty or otherwise until a period of 
120 days has elapsed following the date on which such 
certification is made. 
‘‘(c) EXCEPTION.—The limitation in subsection (b) 
shall not apply to— 
‘‘(1) reductions made to ensure the safety, secu-
rity, reliability, and credibility of the nuclear weap-
ons stockpile and strategic delivery systems, includ-
ing activities related to surveillance, assessment, cer-
tification, testing, and maintenance of nuclear war-
heads and delivery systems; or 
‘‘(2) strategic delivery systems that are retired 
or awaiting dismantlement on the date of the certifi-
cation under subsection (a). 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘New START Treaty’ means the 
Treaty between the United States of America and 
the Russian Federation on Measures for the Further
522 
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 platform for nuclear weapons.’’. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘494. Strategic delivery system reductions.’’. 
SEC. 1056. PREVENTION OF ASYMMETRY OF NUCLEAR 
WEAPON STOCKPILE REDUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) Then Secretary of Defense Robert Gates 
warned in 2008 that, ‘‘There is no way to ignore ef-
forts by rogue states such as North Korea and Iran 
to develop and deploy nuclear weapons or Russian or 
Chinese strategic modernization programs. To be 
sure, we do not consider Russia or China as adver-
saries, but we cannot ignore these developments and 
the implications they have for our national secu-
rity.’’. 
(2) The 2010 Nuclear Posture Review stated 
that, ‘‘large disparities in nuclear capabilities could 
raise concerns on both sides and among United 
States allies and partners, and may not be conducive 
to maintaining a stable, long-term strategic relation-
523 
ship, especially as nuclear forces are significantly re-
duced.’’. 
(3) The Senate stated in the Resolution of Ad-
vice and Consent to Ratification of the New START 
Treaty that, ‘‘It is the sense of the Senate that, in 
conducting the reductions mandated by the New 
START Treaty, the President should regulate reduc-
tions in United States strategic offensive arms so 
that the number of accountable strategic offensive 
arms under the New START Treaty possessed by 
the Russian Federation in no case exceeds the com-
parable number of accountable strategic offensive 
arms possessed by the United States to such an ex-
tent that a strategic imbalance endangers the na-
tional security interests of the United States.’’. 
(4) At a hearing before the Committee on 
Armed Services of the House of Representatives in 
2011, Secretary of Defense Leon Panetta said, with 
respect to unilateral nuclear reductions by the 
United States, ‘‘I don’t think we ought to do that 
unilaterally—we ought to do that on the basis of ne-
gotiations with the Russians and others to make 
sure we are all walking the same path.’’. 
(b) CERTIFICATION.—Section 1045 of the National 
Defense Authorization Act for Fiscal Year 2012 (50
524 
U.S.C. 2523b) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) PREVENTION
OF
ASYMMETRY
IN
REDUC-
TIONS.— 
‘‘(1) CERTIFICATION.—During any year in 
which the President recommends to reduce the num-
ber of nuclear weapons in the active and inactive 
stockpiles of the United States by a number that is 
greater than one percent of the number of nuclear 
weapons in such stockpiles, the President shall cer-
tify in writing to the congressional defense commit-
tees whether such reductions will cause the number 
of nuclear weapons in such stockpiles to be fewer 
than the number of nuclear weapons in the active 
and inactive stockpiles of the Russian Federation. 
‘‘(2) LIMITATION.—If the President certifies 
under paragraph (1) that the recommended number 
of nuclear weapons in the active and inactive stock-
piles of the United States is fewer than the number 
of nuclear weapons in the active and inactive stock-
piles of the Russian Federation, none of the funds 
made available for fiscal year 2012 or any fiscal year 
thereafter for the Department of Defense or the Na-
tional Nuclear Security Administration may be used
525 
to carry out any reduction to such stockpiles of the 
United States until— 
‘‘(A) after the date on which such certifi-
cation is made, the President transmits to the 
congressional defense committees a report by 
the Commander of the United States Strategic 
Command, without change, detailing whether 
the recommended reduction would create a stra-
tegic imbalance between the total nuclear forces 
of the United States and the total nuclear 
forces of the Russian Federation; and 
‘‘(B) a period of 180 days has elapsed fol-
lowing the date on which such report is trans-
mitted. 
‘‘(3) EXCEPTION.—The limitation in paragraph 
(2) shall not apply to— 
‘‘(A) reductions made to ensure the safety, 
security, reliability, and credibility of the nu-
clear weapons stockpile and strategic delivery 
systems, including activities related to surveil-
lance, assessment, certification, testing, and 
maintenance of nuclear warheads and strategic 
delivery systems; or
526 
‘‘(B) nuclear warheads that are retired or 
awaiting dismantlement on the date of the cer-
tification under paragraph (1).’’. 
SEC. 1057. CONSIDERATION OF EXPANSION OF NUCLEAR 
FORCES OF OTHER COUNTRIES. 
(a) FINDINGS.—Congress finds the following: 
(1) The Resolution of Advice and Consent to 
Ratification of the New START Treaty of the Sen-
ate said, ‘‘It is the sense of the Senate that if, dur-
ing the time the New START Treaty remains in 
force, the President determines that there has been 
an expansion of the strategic arsenal of any country 
not party to the New START Treaty so as to jeop-
ardize the supreme interests of the United States, 
then the President should consult on an urgent basis 
with the Senate to determine whether adherence to 
the New START Treaty remains in the national in-
terest of the United States.’’. 
(2) In 2011, experts testified before the Com-
mittee on Armed Services of the House of Rep-
resentatives that— 
(A) ‘‘Russia is modernizing every leg of its 
nuclear triad with new, more advanced sys-
tems’’, including new ballistic missile sub-
marines, new heavy intercontinental ballistic
527 
missiles carrying up to 15 warheads each, new 
shorter range ballistic missiles, and new low- 
yield warheads; and 
(B) ‘‘China is steadily increasing the num-
bers and capabilities of the ballistic missiles it 
deploys and is upgrading older ICBMs to 
newer, more advanced systems. China also ap-
pears to be actively working to develop a sub-
marine-based nuclear deterrent force, something 
it has never had * * *. A recent unclassified 
Department of Defense report says that this 
network of tunnels could be in excess of 5,000 
kilometers and is used to transport nuclear 
weapons and forces.’’. 
(b) REPORT AND CERTIFICATION.— 
(1) IN
GENERAL.—Chapter 24 of title 10, 
United States Code, as added by section 1051, is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 495. Consideration of expansion of nuclear forces 
of other countries 
‘‘(a) REPORT
AND CERTIFICATION.—During any 
year in which the President recommends any reductions 
in the nuclear forces of the United States, none of the 
funds made available for fiscal year 2012 or any fiscal
528 
year thereafter for the Department of Defense or the Na-
tional Nuclear Security Administration may be used for 
such recommended reduction until the date on which— 
‘‘(1) the President transmits to the appropriate 
congressional committees a report detailing, for each 
country with nuclear weapons— 
‘‘(A) the number of each type of nuclear 
weapons possessed by such country; 
‘‘(B) the modernization plans for such 
weapons of such country; 
‘‘(C) the production capacity of nuclear 
warheads and strategic delivery systems (as de-
fined in section 491(c) of this title) of such 
country; and 
‘‘(D) the nuclear doctrine of such country; 
and 
‘‘(2) the Commander of the United States Stra-
tegic Command certifies to the appropriate congres-
sional committees whether such recommended reduc-
tions in the nuclear forces of the United States 
will— 
‘‘(A) impair the ability of the United 
States to address— 
‘‘(i) unplanned strategic or geo-
political events; or
529 
‘‘(ii) technical challenge; or 
‘‘(B) degrade the deterrence or assurance 
provided by the United States to friends and al-
lies of the United States. 
‘‘(b) FORM.—The reports required by subsection 
(a)(1) shall be submitted in unclassified form, but may 
include a classified annex. 
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this section, the term ‘appropriate congres-
sional committees’ means the following: 
‘‘(1) The congressional defense committees. 
‘‘(2) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate.’’. 
(2) The table of sections at the beginning of 
chapter 24 of title 10, United States Code, is 
amended by inserting after the item relating to sec-
tion 494 the following new item: 
‘‘495. Consideration of expansion of nuclear forces of other countries.’’. 
SEC. 1058. CHEMISTRY AND METALLURGY RESEARCH RE-
PLACEMENT NUCLEAR FACILITY AND URA-
NIUM PROCESSING FACILITY. 
(a) FINDINGS.—Congress finds the following: 
(1) Administrator for Nuclear Security Thomas 
D’Agostino testified before the Committee on Armed 
Services of the House of Representatives in Feb-
530 
ruary 2008 that ‘‘Infrastructure improvements are a 
major part of the complex transformation plan that 
we have, and we’ve made important progress, but we 
have a lot more to do. Some major facilities that we 
have date back to World War II and cannot readily 
meet today’s safety and security requirements. Let 
me give you just two quick examples, if I could. A 
sufficient capability to work with plutonium is an es-
sential part of a national security enterprise and is 
required for as long as we retain a nuclear deter-
rent, and most likely even longer. Currently, we have 
a very small production capacity at Los Alamos, 
about 10 pits per year, at our TA–55 area. Our 
building at Los Alamos, the Chemistry and Metal-
lurgy Research Facility, is well over 50 years old 
and is insufficient to support the national security 
requirements for the stockpile and for future na-
tional security mission areas. So, whether we con-
tinue on our existing path or move towards a re-
placement modern warhead-type stockpile, we still 
need the capacity to produce about 50 to 80 pits per 
year, which is less than one-tenth of our Cold War 
level, as well as the ability to carry out pit surveil-
lance, which is an essential part of maintaining our 
stockpile.’’.
531 
(2) Then Commander of the United States 
Strategic Command General Kevin P. Chilton also 
testified in February 2008 that ‘‘When you have a 
responsive complex that has the capacity to flex to 
production as you may need it or adjust your de-
ployed force posture in the future, should you need 
it—in other words, if we go to a lower number, you 
need to be certain that you can come back up, 
should the strategic environment change, and you 
can’t necessarily without that flexible or responsive 
infrastructure behind it, and that’s probably one of 
my great concerns. And then how you posture both 
the portion of your stockpile that you hold in reserve 
and your confidence in the weapons that you have 
deployed is very much a function of modernizing, in 
my view, the weapons systems that we have available 
today, which are, as the secretary described, of Cold 
War legacy design, and the associated issues with 
them.’’. 
(3) The Congressional Commission on the Stra-
tegic Posture of the United States reported in May 
2009, with respect to the timing of the replacement 
of the nuclear weapons infrastructure of the United 
States, that ‘‘This raises an obvious question about 
whether these two replacement programs might pro-
532 
ceed in sequence rather than concurrently. There are 
strong arguments for moving forward concurrently. 
Existing facilities are genuinely decrepit and are 
maintained in a safe and secure manner only at high 
cost. Moreover, the improved production capabilities 
they promise are integral to the program of refur-
bishment and modernization described in the pre-
ceding chapter. If funding can be found for both, 
this would best serve the national interest in main-
taining a safe, secure, and reliable stockpile of weap-
ons in the most effective and efficient manner.’’. 
(4) The 2010 Nuclear Posture Review states— 
(A) ‘‘The National Nuclear Security Ad-
ministration (NNSA), in close coordination with 
DoD, will provide a new stockpile stewardship 
and management plan to Congress within 90 
days, consistent with the increases in infra-
structure investment requested in the Presi-
dent’s FY 2011 budget. As critical infrastruc-
ture is restored and modernized, it will allow 
the United States to begin to shift away from 
retaining large numbers of non-deployed war-
heads as a technical hedge, allowing additional 
reductions in the United States stockpile of 
non-deployed nuclear weapons over time.’’;
533 
(B) ‘‘In order to sustain a safe, secure, 
and effective United States nuclear stockpile as 
long as nuclear weapons exist, the United 
States must possess a modern physical infra-
structure—comprised of the national security 
laboratories and a complex of supporting facili-
ties.’’; 
(C) ‘‘Funding the Chemistry and Metal-
lurgy Research Replacement Project at Los Al-
amos National Laboratory to replace the exist-
ing 50-year old Chemistry and Metallurgy Re-
search facility in 2021.’’; 
(D) ‘‘Developing a new Uranium Proc-
essing Facility at the Y–12 Plant in Oak Ridge, 
Tennessee to come on line for production oper-
ations in 2021.’’; 
(E) ‘‘Without an ability to produce ura-
nium components, any plan to sustain the 
stockpile, as well as support for our Navy nu-
clear propulsion, will come to a halt. This would 
have a significant impact, not just on the weap-
ons program, but in dealing with nuclear dan-
gers of many kinds.’’; and 
(F) ‘‘The non-deployed stockpile currently 
includes more warheads than required for the
534 
above purposes, due to the limited capacity of 
the National Nuclear Security Administration 
(NNSA) complex to conduct LEPs for deployed 
weapons in a timely manner. Progress in restor-
ing NNSA’s production infrastructure will allow 
these excess warheads to be retired along with 
other stockpile reductions planned over the next 
decade.’’. 
(5) In the memorandum of agreement between 
the Department of Defense and the Department of 
Energy concerning the modernization of the nuclear 
weapon stockpile of the United States dated May 3, 
2010, then Secretary of Defense Robert Gates and 
Secretary of Energy Steven Chu agreed that ‘‘DOE 
Agrees to * * * increase pit production capacity * 
* * plan and program to ramp up to a minimum of 
50–80 PPY in 2022.’’. 
(6) The plan required under section 1251 of the 
National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2549) sub-
mitted by the President states that the Chemistry 
and Metallurgy Research Replacement building and 
the Uranium Processing Facility will complete con-
struction by 2021 and will achieve full operational 
functionality by 2024.
535 
(7) The Senate required that, prior to the entry 
into force of the New START Treaty, the President 
certifies to the Senate that the President intends 
to— 
(A) accelerate to the extent possible the 
design and engineering phase of the Chemistry 
and Metallurgy Research Replacement building 
and the Uranium Processing Facility; and 
(B) request full funding, including on a 
multiyear basis as appropriate, for the Chem-
istry and Metallurgy Research Replacement 
building and the Uranium Processing Facility 
upon completion of the design and engineering 
phase for such facilities. 
(8) The President did request full funding for 
such facilities on February 2, 2011, when the Presi-
dent stated, ‘‘I intend to (a) accelerate, to the extent 
possible, the design and engineering phase of the 
Chemistry and Metallurgy Research Replacement 
(CMRR) building and the Uranium Processing Fa-
cility (UPF); and (b) request full funding, including 
on a multi-year basis as appropriate, for the CMRR 
building and the UPF upon completion of the design 
and engineering phase for such facilities.’’.
536 
(b) LIMITATION.—Section 1045 of the National De-
fense Authorization Act for Fiscal Year 2012 (50 U.S.C. 
2523b), as amended by section 1056(b), is amended by 
adding at the end the following new subsection: 
‘‘(e) CMRR AND UPF.— 
‘‘(1) ANNUAL CERTIFICATION.—Beginning fis-
cal year 2013, the President shall annually certify in 
writing to the congressional defense committees 
whether— 
‘‘(A) the construction of both the Chem-
istry and Metallurgy Research Replacement 
building and the Uranium Processing Facility 
will be completed by not later than 2021; and 
‘‘(B) both facilities will be fully operational 
by not later than 2024. 
‘‘(2) LIMITATION.—If the President certifies 
under paragraph (1) that the Chemistry and Metal-
lurgy Research Replacement building and the Ura-
nium Processing Facility will be completed by later 
than 2021 or be fully operational by later than 
2024, none of the funds made available for fiscal 
year 2012 or any fiscal year thereafter for the Na-
tional Nuclear Security Administration may be used 
to reduce the nondeployed nuclear warheads in the 
nuclear weapons stockpile of the United States until
537 
a period of 120 days has elapsed following the date 
of such certification. 
‘‘(3) EXCEPTION.—The limitation in paragraph 
(2) shall not apply to— 
‘‘(A) reductions made to ensure the safety, 
security, reliability, and credibility of the nu-
clear weapons stockpile and delivery systems, 
including activities related to surveillance, as-
sessment, certification, testing, and mainte-
nance of nuclear warheads and strategic deliv-
ery systems; or 
‘‘(B) nuclear warheads that are retired or 
awaiting dismantlement on the date of the cer-
tification under paragraph (1). 
‘‘(4) TERMINATION.—The requirement in para-
graph (1) shall terminate on the date on which the 
President certifies in writing to the congressional de-
fense committees that the Chemistry and Metallurgy 
Research Replacement building and the Uranium 
Processing Facility are both fully operational.’’. 
SEC. 1059. NUCLEAR WARHEADS ON INTERCONTINENTAL 
BALLISTIC MISSILES OF THE UNITED STATES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that reducing the number of nuclear warheads con-
tained on each intercontinental ballistic missile of the
538 
United States does not promote strategic stability if at 
the same time other nuclear weapons states, including the 
Russian Federation and the People’s Republic of China, 
are rapidly increasing the warhead-loading of their land- 
based missile forces. 
(b) LIMITATION.— 
(1) IN
GENERAL.—Chapter 24 of title 10, 
United States Code, as added by section 1051, is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 496. Nuclear warheads on intercontinental bal-
listic missiles of the United States 
‘‘(a) IN GENERAL.—During any year in which the 
President proposes to reduce the number of nuclear war-
heads contained on an intercontinental ballistic missile of 
the United States, none of the funds made available for 
fiscal year 2012 or any fiscal year thereafter for the De-
partment of Defense or the National Nuclear Security Ad-
ministration may be used for such proposed reduction if 
the reduction results in such missile having only a single 
nuclear warhead unless the President certifies in writing 
to the congressional defense committees that the Russian 
Federation and the People’s Republic of China are both 
also carrying out a similar reduction.
539 
‘‘(b) EXCEPTION.—The limitation in subsection (a) 
shall not apply to reductions made to ensure the safety, 
security, reliability, and credibility of the nuclear weapons 
stockpile and delivery systems, including activities related 
to surveillance, assessment, certification, testing, and 
maintenance of nuclear warheads and strategic delivery 
systems.’’. 
(2) The table of sections at the beginning of 
chapter 24 of title 10, United States Code, is 
amended by inserting after the item relating to sec-
tion 495 the following: 
‘‘496. Nuclear warheads on intercontinental ballistic missiles of the United 
States.’’. 
SEC. 1060. NONSTRATEGIC NUCLEAR WEAPON REDUC-
TIONS AND EXTENDED DETERRENCE POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) The NATO Strategic Concept of 2010 en-
dorsed the continued role of nuclear weapons in the 
security of the NATO alliance, stating— 
(A) ‘‘The supreme guarantee of the secu-
rity of the Allies is provided by the strategic nu-
clear forces of the Alliance, particularly those of 
the United States; the independent strategic 
nuclear forces of the United Kingdom and 
France, which have a deterrent role of their
540 
own, contribute to the overall deterrence and 
security of the Allies.’’; 
(B) ‘‘We will ensure that NATO has the 
full range of capabilities necessary to deter and 
defend against any threat to the safety and se-
curity of our populations. Therefore, we will * 
* * maintain an appropriate mix of nuclear and 
conventional forces’’; and 
(C) ‘‘[NATO will] ensure the broadest pos-
sible participation of Allies in collective defence 
planning on nuclear roles, in peacetime basing 
of nuclear forces, and in command, control and 
consultation arrangements.’’. 
(2) However, the 2010 Strategic Concept also 
walked away from the decades-long policy encap-
sulated by the 1999 Strategic Concept that said, 
‘‘The presence of United States conventional and 
nuclear forces in Europe remains vital to the secu-
rity of Europe, which is inseparably linked to that 
of North America.’’. 
(3) Former Secretary of Defense William Perry 
said in March 2011 testimony before the Sub-
committee on Strategic Forces of the Committee on 
Armed Services of the House of Representatives that 
‘‘the reason we have nuclear weapons in Europe in
541 
the first place, is not because the rest of our weap-
ons are not capable of deterrence, but because, dur-
ing the Cold War at least, our allies in Europe felt 
more assured when we had nuclear weapons in Eu-
rope. That is why they were deployed there in the 
first place. Today the issue is a little different. The 
issue is the Russians in the meantime have built a 
large number of nuclear weapons, and we keep our 
nuclear weapons there as somewhat of a political le-
verage for dealing with an ultimate treaty in which 
we may get Russia and the United States to elimi-
nate tactical nuclear weapons. My own view is it 
would be desirable if both the United States and 
Russia would eliminate tactical nuclear weapons, but 
I see it as very difficult to arrive at that conclusion 
if we were to simply eliminate all of our tactical nu-
clear weapons unilaterally.’’. 
(4) During testimony before the Subcommittee 
on Strategic Forces of the Committee on Armed 
Services of the House of Representatives in July 
2011— 
(A) former Department of Defense official 
Frank Miller stated, ‘‘as long as United States 
allies believe that those weapons need to be
542 
there, we need to make sure that we provide 
that security.’’; and 
(B) former Department of Defense official 
Mort Halperin stated, ‘‘I do not think we 
should be willing to trade our withdrawal of our 
nuclear weapons from Europe for some reduc-
tion, even a substantial reduction, in Russian 
tactical nuclear weapons because if it is * * * 
that the credibility of the American nuclear de-
terrent for our NATO allies depends on the 
presence of nuclear weapons in Europe, that 
will not change if the Russians cut their tactical 
nuclear arsenal by two thirds, or even eliminate 
it because they will still have their strategic 
weapons, which, while they can’t have inter-
mediate range missiles, they can find a way to 
target them on the NATO countries.’’. 
(5) Section 1237(b) of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 
112–81) expressed the sense of Congress that— 
(A) the commitment of the United States 
to extended deterrence in Europe and the nu-
clear alliance of NATO is an important compo-
nent of ensuring and linking the national secu-
543 
rity of the United States and its European al-
lies; 
(B) the nuclear forces of the United States 
are a key component of the NATO nuclear alli-
ance; and 
(C) the presence of the nuclear weapons of 
the United States in Europe—combined with 
NATO’s unique nuclear sharing arrangements 
under which non-nuclear members participate 
in nuclear planning and possess specially con-
figured aircraft capable of delivering nuclear 
weapons—provides reassurance to NATO allies 
who feel exposed to regional threats. 
(b) LIMITATION.—Chapter 24 of title 10, United 
States Code, as added by section 1051, is amended by 
adding at the end the following new section: 
‘‘§ 497. Limitation on reduction, consolidation, or 
withdrawal of nuclear forces based in Eu-
rope 
‘‘(a) POLICY ON NONSTRATEGIC NUCLEAR WEAP-
ONS.—It is the policy of the United States— 
‘‘(1) to pursue negotiations with the Russian 
Federation aimed at the reduction of Russian de-
ployed and nondeployed, nonstrategic nuclear forces;
544 
‘‘(2) that nonstrategic nuclear weapons should 
be considered when weighing the balance of the nu-
clear forces of the United States and the Russian 
Federation; 
‘‘(3) that any geographical relocation or storage 
of nonstrategic nuclear weapons by the Russian Fed-
eration does not constitute a reduction or elimi-
nation of such weapons; 
‘‘(4) the vast advantage of the Russian Federa-
tion in nonstrategic nuclear weapons constitutes a 
threat to the United States and its allies and a 
growing asymmetry in Western Europe; and 
‘‘(5) the forward-deployed nuclear forces of the 
United States are an important contributor to the 
assurance of the allies of the United States and con-
stitute a check on proliferation and a tool in dealing 
with neighboring states hostile to NATO. 
‘‘(b) POLICY ON EXTENDED DETERRENCE COMMIT-
MENT TO EUROPE.—It is the policy of the United States 
that— 
‘‘(1) it maintain its commitment to extended 
deterrence, specifically the nuclear alliance of the 
North Atlantic Treaty Organization, as an impor-
tant component of ensuring and linking the national
545 
security interests of the United States and the secu-
rity of its European allies; 
‘‘(2) forward-deployed nuclear forces of the 
United States shall remain based in Europe in sup-
port of the nuclear policy and posture of NATO; 
‘‘(3) the presence of nuclear weapons of the 
United States in Europe—combined with NATO’s 
unique nuclear sharing arrangements under which 
non-nuclear members participate in nuclear planning 
and possess specially configured aircraft capable of 
delivering nuclear weapons—contributes to the cohe-
sion of NATO and provides reassurance to allies and 
partners who feel exposed to regional threats; and 
‘‘(4) only the President and Congress can ar-
ticulate when and how the United States will employ 
the nuclear forces of the United States and no mul-
tilateral organization, not even NATO, can articu-
late a declaratory policy concerning the use of nu-
clear weapons that binds the United States. 
‘‘(c) LIMITATION ON REDUCTION, CONSOLIDATION, 
OR WITHDRAWAL OF NUCLEAR FORCES BASED IN EU-
ROPE.—In light of the policy expressed in subsections (a) 
and (b), none of the funds made available for fiscal year 
2012 or any fiscal year thereafter for the Department of 
Defense may be used to effect or implement the reduction,
546 
consolidation, or withdrawal of nuclear forces of the 
United States that are based in Europe unless— 
‘‘(1) the reduction, consolidation, or withdrawal 
of such nuclear forces is requested by the govern-
ment of the host nation in the manner provided in 
the agreement between the United States and the 
host nation regarding the forces; 
‘‘(2) the President certifies that— 
‘‘(A) NATO member states have consid-
ered the reduction, consolidation, or withdrawal 
in the High Level Group; 
‘‘(B) NATO has decided to support such 
reduction, consolidation, or withdrawal; 
‘‘(C) the remaining nuclear forces of the 
United States that are based in Europe after 
such reduction, consolidation, or withdrawal 
would provide a commensurate or better level of 
assurance and credibility as before such reduc-
tion, consolidation, or withdrawal; and 
‘‘(D) there has been reciprocal action by 
the Russian Federation, not including the Rus-
sian Federation relocating nuclear forces from 
one location to another; or
547 
‘‘(3) the reduction, consolidation, or withdrawal 
of such nuclear forces is specifically authorized by 
an Act of Congress. 
‘‘(d) NOTIFICATION.—Upon any decision to reduce, 
consolidate, or withdraw the nuclear forces of the United 
States that are based in Europe, the President shall sub-
mit to the appropriate congressional committees a notifi-
cation containing— 
‘‘(1) the certification required by paragraph (2) 
of subsection (c) if such reduction, consolidation, or 
withdrawal is based upon such paragraph; 
‘‘(2) justification for such reduction, consolida-
tion, or withdrawal; and 
‘‘(3) an assessment of how NATO member 
states, in light of such reduction, consolidation, or 
withdrawal, assess the credibility of the deterrence 
capability of the United States in support of its com-
mitments undertaken pursuant to article 5 of the 
North Atlantic Treaty, signed at Washington, Dis-
trict of Columbia, on April 4, 1949, and entered into 
force on August 24, 1949 (63 Stat. 2241; TIAS 
1964). 
‘‘(e) NOTICE AND WAIT REQUIREMENT.—The Presi-
dent may not commence a reduction, consolidation, or 
withdrawal of the nuclear forces of the United States that
548 
are based in Europe for which the certification required 
by subsection (c)(2) is made until the expiration of a 180- 
day period beginning on the date on which the President 
submits the notification under subsection (d) containing 
the certification. 
‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘appropriate congressional com-
mittees’ means— 
‘‘(1) the Committees on Armed Services of the 
House of Representatives and the Senate; and 
‘‘(2) the Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 24 of title 10, United States 
Code, is amended by inserting after the item relating to 
section 496 the following: 
‘‘497. Limitation on reduction, consolidation, or withdrawal of nuclear forces 
based in Europe.’’. 
SEC. 1061. IMPROVEMENTS TO NUCLEAR WEAPONS COUN-
CIL. 
Section 179 of title 10, United States Code, is 
amended— 
(1) in subsection (b)(3), by adding at the end 
the following: ‘‘Not later than seven days before a 
meeting, the Chairman shall disseminate to each
549 
member of the Council the agenda and documents 
for such meeting.’’; and 
(2) in subsection (d)— 
(A) in paragraph (2), by inserting ‘‘and al-
ternatives’’ before the period; 
(B) in paragraph (3), by inserting ‘‘and 
approving’’ after ‘‘Coordinating’’; 
(C) in paragraph (7)— 
(i) by striking ‘‘broad’’ and inserting 
‘‘specific’’; and 
(ii) by inserting before the period the 
following: ‘‘and priorities among activities, 
including 
production, 
surveillance, 
re-
search, construction, and any other pro-
grams within the National Nuclear Secu-
rity Administration’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(11) Coordinating and approving the annual 
budget proposals of the National Nuclear Security 
Administration, including before such proposals are 
submitted to— 
‘‘(A) the Director of the Office of Manage-
ment and Budget; 
‘‘(B) the President; and
550 
‘‘(C) Congress under section 1105 of title 
31.’’. 
SEC. 1062. INTERAGENCY COUNCIL ON THE STRATEGIC CA-
PABILITY OF THE NATIONAL LABORATORIES. 
(a) ESTABLISHMENT.—Chapter 7 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 188. Interagency Council on the Strategic Capa-
bility of the National Laboratories 
‘‘(a) ESTABLISHMENT.—There is an Interagency 
Council on the Strategic Capability of the National Lab-
oratories (in this section referred to as the ‘Council’). 
‘‘(b) MEMBERSHIP.—The membership of the Council 
is comprised of the following: 
‘‘(1) The Secretary of Defense. 
‘‘(2) The Secretary of Energy. 
‘‘(3) The Secretary of Homeland Security. 
‘‘(4) The Director of National Intelligence. 
‘‘(5) The Administrator for Nuclear Security. 
‘‘(6) Such other officials as the President con-
siders appropriate. 
‘‘(c) STRUCTURE AND PROCEDURES.—The President 
may determine the chair, structure, staff, and procedures 
of the Council.
551 
‘‘(d) RESPONSIBILITIES.—The Council shall be re-
sponsible for the following matters: 
‘‘(1) Identifying and considering the science, 
technology, and engineering capabilities of the na-
tional laboratories that could be leveraged by each 
participating agency to support national security 
missions. 
‘‘(2) Reviewing and assessing the adequacy of 
the national security science, technology, and engi-
neering capabilities of the national laboratories for 
supporting national security missions throughout the 
Federal Government. 
‘‘(3) Establishing and overseeing means of en-
suring that— 
‘‘(A) capabilities identified by the Council 
under paragraph (1) are sustained to an appro-
priate level; and 
‘‘(B) each participating agency provides 
the appropriate level of institutional support to 
sustain such capabilities. 
‘‘(4) In accordance with acquisition rules re-
garding federally funded research and development 
centers, establishing criteria for when each partici-
pating agency should seek to use the services of the
552 
national laboratories, including the identification of 
appropriate mission areas and capabilities. 
‘‘(5) Making recommendations to the President 
and Congress regarding regulatory or statutory 
changes needed to better support— 
‘‘(A) the strategic capabilities of the na-
tional laboratories; and 
‘‘(B) the use of such laboratories by each 
participating agency. 
‘‘(6) Other actions the Council considers appro-
priate with respect to— 
‘‘(A) the sustainment of the national lab-
oratories; and 
‘‘(B) the use of the strategic capabilities of 
such laboratories. 
‘‘(e) STREAMLINED PROCESS.—With respect to the 
participating agency for which a member of the Council 
is the head of, each member of the Council shall— 
‘‘(1) establish processes to streamline the con-
sideration and approval of procuring the services of 
the national laboratories on appropriate matters; 
and 
‘‘(2) ensure that such processes are used in ac-
cordance with the criteria established under sub-
section (d)(4).
553 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘participating agency’ means a 
department or agency of the Federal Government 
that is represented on the Council by a member 
under subsection (b). 
‘‘(2) The term ‘national laboratories’ means— 
‘‘(A) each national security laboratory (as 
defined in section 3281(1) of the National Nu-
clear Security Administration Act (50 U.S.C. 
2471(1))); and 
‘‘(B) each national laboratory of the De-
partment of Energy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
after the item relating to section 187 the following new 
item: 
‘‘188. Interagency Council on the Strategic Capability of the National Labora-
tories.’’. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than July 1, 2013, 
the Interagency Council on the Strategic Capability 
of the National Laboratories under section 188 of 
title 10, United States Code, as added by subsection 
(a), shall submit to the appropriate congressional 
committees a report describing and assessing the fol-
lowing:
554 
(A) The actions taken to implement the re-
quirements of such section 188 and the charter 
titled ‘‘Governance Charter for an Interagency 
Council on the Strategic Capability of DOE Na-
tional Laboratories as National Security As-
sets’’ signed by the Secretary of Defense, the 
Secretary of Energy, the Secretary of Home-
land Security, and the Director of National In-
telligence in July 2010. 
(B) The effectiveness of the Council in ac-
complishing the purpose and objectives of such 
section and such Charter. 
(C) Efforts to strengthen work-for-others 
programs at the national laboratories. 
(D) Efforts to make work-for-others oppor-
tunities more cost-effective. 
(E) Ongoing and planned measures for in-
creasing cost-sharing and institutional support 
investments from other agencies. 
(F) Any regulatory or statutory changes 
recommended to improve the ability of such 
other agencies to leverage expertise and capa-
bilities at such laboratories.
555 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate. 
(C) The Committee on Homeland Security 
of the House of Representatives and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate. 
(D) The Committee on Science, Space, and 
Technology of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate. 
(E) The Permanent Select Committee on 
Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the 
Senate. 
(d) CONSTRUCTION.—Nothing in section 188 of title 
10, United States Code, as added by subsection (a), shall 
be construed to limit section 309 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 189).
556 
SEC. 1063. REPORT ON CAPABILITY OF CONVENTIONAL 
AND NUCLEAR FORCES AGAINST CERTAIN 
TUNNEL SITES. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Commander of the 
United States Strategic Command shall submit to the ap-
propriate congressional committees a report on the under-
ground tunnel network used by the People’s Republic of 
China with respect to the capability of the United States 
to use conventional and nuclear forces to neutralize such 
tunnels and what is stored within such tunnels. 
(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate. 
SEC. 1064. REPORT ON CONVENTIONAL AND NUCLEAR 
FORCES IN THE WESTERN PACIFIC REGION. 
(a) SENSE OF CONGRESS.—Congress— 
(1) supports steps taken by the President to—
557 
(A) reinforce the security of the allies of 
the United States; and 
(B) strengthen the deterrent capability of 
the United States against the illegal and in-
creasingly belligerent actions of North Korea; 
and 
(2) encourages further steps, including such 
steps to deploy additional conventional forces of the 
United States and redeploy tactical nuclear weapons 
to the Western Pacific region. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in consultation with the Secretary of State, shall submit 
to the congressional defense committees a report on de-
ploying additional conventional and nuclear forces to the 
Western Pacific region to ensure the presence of a robust 
conventional and nuclear capability, including a forward- 
deployed nuclear capability, of the United States in re-
sponse to the ballistic missile and nuclear weapons devel-
opments of North Korea and the other belligerent actions 
North Korea has made against allies of the United States. 
The report shall include an evaluation of any bilateral 
agreements, basing arrangements, and costs that would be 
involved with such additional deployments.
558 
SEC. 1065. SENSE OF CONGRESS ON NUCLEAR ARSENAL. 
It is the sense of Congress that the nuclear force 
structure of the United States should be periodically reex-
amined, through nuclear posture reviews, to assess as-
sumptions that shape the structure, size, and targeting of 
the nuclear forces of the United States and to ensure that 
such forces are structured, sized, and targeted— 
(1) to be capable of holding at risk the assets 
that potential adversaries value; and 
(2) to provide robust extended deterrence and 
assurance to allies of the United States. 
SEC. 1065A. BUDGET REQUIREMENTS ASSOCIATED WITH 
SUSTAINING AND MODERNIZING THE NU-
CLEAR DETERRENT. 
Section 1043 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1576) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by amending sub-
paragraph (F) to read as follows: 
‘‘(F) In accordance with paragraph (3), a 
detailed estimate of the budget requirements as-
sociated with sustaining and modernizing the 
nuclear deterrent of the United States and the 
nuclear weapons stockpile of the United States, 
including the costs associated with the plans
559 
outlined under subparagraphs (A) through (E), 
over the 10-year period following the date of 
the report, including the applicable and appro-
priate costs associated with— 
‘‘(i) training; 
‘‘(ii) basing; 
‘‘(iii) security; 
‘‘(iv) testing; 
‘‘(v) research; 
‘‘(vi) development; 
‘‘(vii) deployment; 
‘‘(viii) transportation; 
‘‘(ix) personnel; 
‘‘(x) overhead; and 
‘‘(xi) other appropriate matters.’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) 
DETAILED
BUDGET
ESTIMATE
CON-
TENTS.—Each budget estimate under paragraph 
(2)(F) shall include a detailed description of the 
matters included in such estimate, the rationale for 
including such matters, and the cost listed by loca-
tion. Such costs listed by location shall be submitted 
in the form of a classified annex in accordance with 
subsection (b).’’; and
560 
(2) by adding at the end the following new sub-
section: 
‘‘(c) COMPTROLLER
GENERAL.—The Comptroller 
General of the United States shall— 
‘‘(1) review each report under subsection (a) for 
accuracy and completeness with respect to the mat-
ters described in paragraphs (2)(F) and (3) of such 
subsection; and 
‘‘(2) not later than 180 days after the date on 
which such report under subsection (a) is submitted, 
submit to the congressional defense committees a 
summary of each such review.’’. 
SEC. 1065B. PROHIBITION ON UNILATERAL REDUCTION OF 
NUCLEAR WEAPONS OF THE UNITED STATES. 
(a) IN GENERAL.—Chapter 24 of title 10, United 
States Code, as added by section 1051, is amended by 
adding at the end the following: 
‘‘§ 498. Prohibition on unilateral reduction of nuclear 
weapons 
‘‘The President may not retire, dismantle, or elimi-
nate, or prepare to retire, dismantle, or eliminate, any nu-
clear weapon of the United States (including such de-
ployed weapons and nondeployed weapons and warheads 
in the nuclear weapons stockpile) if such action would re-
duce the number of such weapons to a number that is
561 
less than the level described in the New START Treaty 
(as defined in section 130f(c) of this title) unless such ac-
tion is— 
‘‘(1) required by a treaty or international agree-
ment specifically approved with the advice and con-
sent of the Senate pursuant to Article II, section 2, 
clause 2 of the Constitution; or 
‘‘(2) specifically authorized by an Act of Con-
gress.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘498. Prohibition on unilateral reduction of nuclear weapons.’’. 
SEC. 1065C. LIMITATION ON AVAILABILITY OF FUNDS FOR 
RETIREMENT OF STRATEGIC DELIVERY SYS-
TEMS. 
(a) LIMITATION.—Chapter 24 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 498. Commensurate strategic delivery system re-
ductions 
‘‘(a) LIMITATION ON NEW START REDUCTIONS.— 
None of the funds authorized to be appropriated or other-
wise made available for fiscal year 2013 or any fiscal year 
thereafter for the Department of Defense may be obli-
gated or expended to reduce, convert, or decommission any
562 
strategic delivery system pursuant to the levels set forth 
for such systems under the New START Treaty unless 
the President certifies to the congressional defense com-
mittees that— 
‘‘(1) the Russian Federation must make a com-
mensurate reduction, conversion, or decommissioning 
pursuant to the levels set forth under such treaty; 
and 
‘‘(2) the Russian Federation is not developing 
or deploying a strategic delivery system that is— 
‘‘(A) not covered under the limits set forth 
under such treaty; and 
‘‘(B) capable of reaching the United 
States. 
‘‘(b) LIMITATION ON TRIAD REDUCTIONS.—None of 
the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2013 or any fiscal 
year thereafter for the Department of Defense may be ob-
ligated or expended to reduce, convert, or decommission 
any strategic delivery system if such reduction, conversion, 
or decommissioning would eliminate a leg of the nuclear 
triad. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘New START Treaty’ means the 
Treaty between the United States of America and
563 
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) The term ‘strategic delivery system’ means 
the following delivery platforms for nuclear weapons: 
‘‘(A) Land-based intercontinental ballistic 
missiles. 
‘‘(B) Submarine-launched ballistic missiles 
and associated ballistic missile submarines. 
‘‘(C) Nuclear-certified strategic bombers. 
‘‘(3) The term ‘triad’ means the nuclear deter-
rent capabilities of the United States composed of 
the strategic delivery systems.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 497 the following new 
item: 
‘‘498. Commensurate strategic delivery system reductions.’’. 
Subtitle F—Studies and Reports 
SEC. 1066. ASSESSMENT OF DEPARTMENT OF DEFENSE USE 
OF ELECTROMAGNETIC SPECTRUM. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall provide 
to the congressional defense committees, the Committee 
on Energy and Commerce of the House of Representa-
564 
tives, and the Committee on Commerce, Science, and 
Transportation of the Senate a briefing assessing the use 
of electromagnetic spectrum by the Department of De-
fense, including— 
(1) a comparison of the actual and projected 
cost impact, time required to plan and implement, 
and policy implications of electromagnetic spectrum 
reallocations made since the enactment of the Omni-
bus Budget Reconciliation Act of 1993 (Public Law 
103–66, 107 Stat. 312); 
(2) an identification of critical electromagnetic 
spectrum assignments where there is use by the De-
partment of Defense that— 
(A) cannot be eliminated, relocated, con-
solidated in other electromagnetic spectrum 
bands, or for which there is no commercial or 
non-spectrum alternative, including a detailed 
explanation of why that is the case; and 
(B) can be eliminated, relocated, consoli-
dated in other electromagnetic spectrum bands, 
or for which there is a commercial or non-spec-
trum alternative, including frequency of use, 
time necessary to relocate or consolidate to an-
other electromagnetic spectrum band, and oper-
ational and cost impacts; and
565 
(3) an analysis of the research being conducted 
by the Department of Defense in electromagnetic 
spectrum-sharing and other dynamic electromagnetic 
spectrum access technologies, including maturity 
level, applicability for spectrum relocation or consoli-
dation, and potential costs for continued develop-
ment or implementation. 
SEC. 1067. ELECTRONIC WARFARE STRATEGY OF THE DE-
PARTMENT OF DEFENSE. 
(a) GUIDANCE REQUIRED.—Not later than January 
1, 2013, the Secretary of Defense shall review and update 
Department of Defense guidance related to electronic war-
fare to ensure that oversight roles and responsibilities 
within the Department related to electronic warfare policy 
and programs are clearly defined. Such guidance shall 
clarify, as appropriate, the roles and responsibilities re-
lated to the integration of electronic warfare matters and 
cyberspace operations. 
(b) PLAN REQUIRED.—Not later than January 1, 
2013, the Commander of the United States Strategic 
Command shall update and issue guidance regarding the 
responsibilities of the Command with regard to joint elec-
tronic warfare capabilities. Such guidance shall— 
(1) define the role and objectives of the Joint 
Electromagnetic Spectrum Control Center or any
566 
other center established in the Command to provide 
governance and oversight of electronic warfare mat-
ters; and 
(2) include an implementation plan outlining 
tasks, metrics, and timelines to establish such a cen-
ter. 
(c) ADDITIONAL REPORTING REQUIREMENTS.—Sec-
tion 1053(b)(1) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2459) is amended— 
(1) in subparagraph (B), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (C), by striking the period 
and inserting a semicolon; and 
(3) by adding at the end the following new sub-
paragraphs: 
‘‘(D) performance measures to guide the 
implementation of such strategy; 
‘‘(E) an identification of resources and in-
vestments necessary to implement such strat-
egy; and 
‘‘(F) an identification of the roles and re-
sponsibilities within the Department to imple-
ment such strategy.’’.
567 
SEC. 1068. REPORT ON COUNTERPROLIFERATION CAPA-
BILITIES AND LIMITATIONS. 
(a) REPORT REQUIRED.—Not later than March 1, 
2013, the Secretary of Defense shall provide to the con-
gressional defense committees a report outlining oper-
ational capabilities, limitations, and shortfalls within the 
Department of Defense with respect to counterprolifera-
tion and combating weapons of mass destruction involving 
special operations forces and key enabling forces. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include each of the following elements: 
(1) An overview of current capabilities and limi-
tations. 
(2) An overview and assessment of current and 
future training requirements and gaps. 
(3) An assessment of technical capability gaps. 
(4) An assessment of interagency coordination 
capabilities and gaps. 
(5) An outline of current and future prolifera-
tion and weapons of mass destruction threats, in-
cluding critical intelligence gaps. 
(6) An assessment of current international bi-
lateral and multilateral partnerships and the limita-
tions of such partnerships, including an assessment 
of existing authorities to build partnership capacity 
in this area.
568 
(7) A description of efforts to address the limi-
tations and gaps referred to in paragraphs (1) 
through (6), including timelines and requirements to 
address such limitations and such gaps. 
(8) Any other matters the Secretary considered 
appropriate. 
SEC. 1069. REPORT ON COMMUNICATIONS FROM CON-
GRESS ON STATUS OF MILITARY CONSTRUC-
TION PROJECTS. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to Congress a report describing any letters 
from Congress (including a committee of the Senate or 
the House of Representatives, a member of Congress, an 
officer of Congress, or a congressional staff member) re-
ceived by the Department of Defense that refers to or re-
quests information on the status of a military construction 
project on the future-years defense program. 
(b) DEADLINE.—The report required by subsection 
(a) shall be submitted not later than one year after the 
date of the enactment of this Act. 
SEC. 1070. FEDERAL MORTUARY AFFAIRS ADVISORY COM-
MISSION. 
(a) ESTABLISHMENT.—There is established a Fed-
eral Mortuary Affairs Advisory Commission.
569 
(b) PURPOSE.—The purpose of the Commission shall 
be to advise the President, the Secretary of Defense, the 
Secretary of Veterans Affairs, and Congress on the best 
practices for casualty notification, family support, and 
mortuary affairs operations so as to ensure prompt notifi-
cation and compassionate and responsive support for fami-
lies who have lost servicemembers, and for the honorable 
and dignified disposition of the remains of fallen 
servicemembers. 
(c) SCOPE.—Within the Department of Defense and 
the Department of Veterans Affairs, the Commission shall 
examine, on an ongoing basis, all matters that encompass 
the notification of family members on the death of a serv-
icemember in said family; all family support programs, 
policies, and procedures designed to assist affected fami-
lies; and all aspects of mortuary affairs operations, includ-
ing the final disposition of fallen servicemembers. 
(d) COMPOSITION.— 
(1) MEMBERS.—The Commission shall consist 
of 13 members, appointed as follows: 
(A) One member appointed by the Presi-
dent of the United States. 
(B) One member appointed by the Speaker 
of the House of Representatives.
570 
(C) One member appointed by the Minor-
ity Leader of the House of Representatives. 
(D) One member appointed by the Major-
ity Leader of the Senate. 
(E) One member appointed by the Minor-
ity Leader of the Senate. 
(F) One member appointed by the Chair-
man of the House Committee on Veterans Af-
fairs. 
(G) One member appointed by the Ranking 
Member of the House Committee on Veterans 
Affairs. 
(H) One member appointed by the Chair-
man of the House Committee on Armed Serv-
ices. 
(I) One member appointed by the Ranking 
Member of the House Committee on Armed 
Services. 
(J) One member appointed by the Chair-
man of the Senate Committee on Veterans Af-
fairs. 
(K) One member appointed by the Rank-
ing Member of the Senate Committee on Vet-
erans Affairs.
571 
(L) One member appointed by the Chair-
man of the Senate Committee on Armed Serv-
ices. 
(M) One member appointed by the Chair-
man of the Senate Committee on Armed Serv-
ices. 
(2) TERM.—Each member shall serve a term of 
three years. 
(3) MEETINGS AND QUORUM.—After its initial 
meeting, the Commission shall meet upon the call of 
the chairman or a majority of its members. Seven 
members of the Commission shall constitute a 
quorum. 
(4) CHAIRMAN
AND
VICE
CHAIRMAN.—Upon 
convening for its first meeting, the Commission 
members shall elect by majority vote a chairman and 
vice chairman of the Commission. 
(5) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in 
the same manner in which the original appointment 
was made. 
(e) QUALIFICATIONS.— 
(1) POLITICAL PARTY AFFILIATION.—Not more 
than 5 members of the Commission shall be from 
the same political party.
572 
(2) NONGOVERNMENTAL APPOINTEES.—An in-
dividual appointed to the Commission may not be an 
officer or employee of the Federal Government. 
(3) OTHER QUALIFICATIONS.—At least four in-
dividuals appointed to the Commission should in-
clude family members who have direct experience 
dealing with the loss of a servicemember that in-
volved interactions with the Dover Port Mortuary. 
At least three individuals should have extensive pri-
vate or public sector experience in mortuary science, 
operations, procedures, and decorum. 
(f) DURATION.—The Commission shall have a 5 year 
duration, beginning after the last member of the Commis-
sion is appointed. 
(g) MEETINGS
AND REPORTS.—The Commission 
shall hold regular public meetings, notification of which 
shall appear in the Federal Register and on the Commis-
sion’s website. Not less than annually, the Commission 
shall provide a written report to the President, the Sec-
retary of Defense, the Secretary of Veterans Affairs, and 
Congress on— 
(1) recommendations for improving casualty no-
tification, family support, and remains disposition; 
and
573 
(2) progress, or lack thereof, by the Depart-
ment of Defense and the Department of Veterans 
Affairs in acting upon prior recommendations of the 
Commission. Said report shall also be posted on the 
Commission’s website for public inspection. 
(h) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission is author-
ized to secure directly from any executive depart-
ment, bureau, agency, board, Commission, office, 
independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, 
and statistics for the purposes of this title. Each de-
partment, bureau, agency, board, Commission, of-
fice, independent establishment, or instrumentality 
shall, to the extent authorized by law, furnish such 
information, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by the 
chairman, the chairman of any subcommission cre-
ated by a majority of the Commission, or any mem-
ber designated by a majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable statutes, regulations, and Executive orders.
574 
(i) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
to the Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph 
(1), departments and agencies of the United States 
may provide to the Commission such services, funds, 
facilities, staff, and other support services as they 
may determine advisable and as may be authorized 
by law. 
(j) STAFF OF COMMISSION.— 
(1) APPOINTMENT AND COMPENSATION.—The 
chairman, in consultation with vice chairman, in ac-
cordance with rules agreed upon by the Commission, 
may appoint and fix the compensation of a staff di-
rector and such other personnel as may be necessary 
to enable the Commission to carry out its functions, 
without regard to the provisions of title 5, United 
States Code, governing appointments in the competi-
tive service, and without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such 
title relating to classification and General Schedule
575 
pay rates, except that no rate of pay fixed under this 
subsection may exceed the equivalent of that payable 
for a position at level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
(2) PERSONNEL AS FEDERAL EMPLOYEES.— 
(A) IN GENERAL.—The executive director 
and any personnel of the Commission who are 
employees shall be employees under section 
2105 of title 5, United States Code, for pur-
poses of chapters 63, 81, 83, 84, 85, 87, 89, 
and 90 of that title. 
(B) MEMBERS OF COMMISSION.—Subpara-
graph (A) shall not be construed to apply to 
members of the Commission. 
(3) DETAILEES.—Any Federal Government em-
ployee may be detailed to the Commission without 
reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges 
of his or her regular employment without interrup-
tion. 
(4) CONSULTANT SERVICES.—The Commission 
is authorized to procure the services of experts and 
consultants in accordance with section 3109 of title 
5, United States Code, but at rates not to exceed the 
daily rate paid a person occupying a position at level
576 
IV of the Executive Schedule under section 5315 of 
title 5, United States Code. 
(k) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION.—Each member of the 
Commission may be compensated at not to exceed 
the daily equivalent of the annual rate of basic pay 
in effect for a position at level IV of the Executive 
Schedule under section 5315 of title 5, United 
States Code, for each day during which that member 
is engaged in the actual performance of the duties 
of the Commission. 
(2) TRAVEL
EXPENSES.—While away from 
their homes or regular places of business in the per-
formance of services for the Commission, members 
of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, in the 
same manner as persons employed intermittently in 
the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code. 
SEC. 1070A. REPORT ON MANUFACTURING INDUSTRY. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a report assessing the manufacturing industry 
of the United States. The report shall include, at a min-
imum, the following:
577 
(1) An assessment of the current manufac-
turing capacity of the United States as it relates to 
the ability of the United States to respond to both 
civilian and defense needs. 
(2) An assessment of the tax, trade, and regu-
latory policies of the United States as such policies 
impact the growth of the manufacturing industry in 
the United States. 
(3) An analysis of the factors leading to the in-
creased outsourcing of manufacturing processes to 
foreign nations. 
(4) An analysis of the strength of the United 
States defense industrial base, including the security 
and stability of the supply chain and an assessment 
of the vulnerabilities of that supply chain. 
SEC. 1070B. REPORT ON LONG-TERM COSTS OF OPERATION 
NEW DAWN, OPERATION ENDURING FREE-
DOM, 
AND 
OTHER 
CONTINGENCY 
OPER-
ATIONS. 
(a) REPORT REQUIREMENT.—Not later than 90 days 
after the date of the enactment of this Act, the President, 
with contributions from the Secretary of Defense, the Sec-
retary of State, and the Secretary of Veterans Affairs, 
shall submit to Congress a report containing an estimate
579 
amounts appropriately for inflation, and take into account 
and specify each of the following: 
(1) The total number of members of the Armed 
Forces expected to be deployed in support of Oper-
ation Enduring Freedom, and Operation Odyssey 
Dawn, including— 
(A) the number of members of the Armed 
Forces actually deployed in Southwest Asia in 
support of Operation New Dawn, Operation 
Enduring Freedom, and Operation Odyssey 
Dawn; 
(B) the number of members of reserve 
components of the Armed Forces called or or-
dered to active duty in the United States for 
the purpose of training for eventual deployment 
in Southwest Asia, backfilling for deployed 
troops, or supporting other Department of De-
fense missions directly or indirectly related to 
Operation New Dawn, Operation Enduring 
Freedom, and Operation Odyssey Dawn; and 
(C) the break-down of deployments of 
members of the regular and reserve components 
and activation of members of the reserve com-
ponents.
580 
(2) The number of members of the Armed 
Forces, including members of the reserve compo-
nents, who have previously served in support of Op-
eration Iraqi Freedom, Operation New Dawn, Oper-
ation Enduring Freedom, and Operation Odyssey 
Dawn and who are expected to serve multiple de-
ployments. 
(3) The number of contractors and private mili-
tary security firms that have been used and are ex-
pected to be used during the course of Operation 
Iraqi Freedom, Operation New Dawn, Operation 
Enduring Freedom, and Operation Odyssey Dawn. 
(4) The number of veterans currently suffering 
and expected to suffer from post-traumatic stress 
disorder, traumatic brain injury, or other mental in-
juries. 
(5) The number of veterans currently in need of 
and expected to be in need of prosthetic care and 
treatment because of amputations incurred during 
service in support of Operation Iraqi Freedom, Op-
eration New Dawn, and Operation Enduring Free-
dom. 
(6) The current number of pending Department 
of Veterans Affairs claims from veterans of military 
service in Iraq, Afghanistan, and Libya, and the
581 
total number of such veterans expected to seek dis-
ability compensation from the Department of Vet-
erans Affairs. 
(7) The total number of members of the Armed 
Forces who have been killed or wounded in Iraq, Af-
ghanistan, or Libya, including noncombat casualties, 
the total number of members expected to suffer inju-
ries in Iraq, Afghanistan, and Libya, and the total 
number of members expected to be killed in Iraq, 
Afghanistan, and Libya, including noncombat cas-
ualties. 
(8) The amount of funds previously appro-
priated for the Department of Defense, the Depart-
ment of State, and the Department of Veterans Af-
fairs for costs related to Operation Iraqi Freedom, 
Operation New Dawn, and Operation Enduring 
Freedom, including an account of the amount of 
funding from regular Department of Defense, De-
partment of State, and Department of Veterans Af-
fairs budgets that has gone and will go to costs asso-
ciated with such operations. 
(9) Current and future operational expenditures 
associated with Operation New Dawn, Operation 
Enduring Freedom, and Operation Odyssey Dawn 
including—
582 
(A) funding for combat operations; 
(B) deploying, transporting, feeding, and 
housing members of the Armed Forces (includ-
ing fuel costs); 
(C) activation and deployment of members 
of the reserve components of the Armed Forces; 
(D) equipping and training of Iraqi and 
Afghani forces; 
(E) purchasing, upgrading, and repairing 
weapons, munitions, and other equipment con-
sumed or used in Operation Iraqi Freedom, Op-
eration New Dawn, Operation Enduring Free-
dom, and Operation Odyssey Dawn; and 
(F) payments to other countries for 
logistical assistance in support of such oper-
ations. 
(10) Past, current, and future costs of entering 
into contracts with private military security firms 
and other contractors for the provision of goods and 
services associated with Operation Iraqi Freedom, 
Operation New Dawn, Operation Enduring Free-
dom, and Operation Odyssey Dawn. 
(11) Average annual cost for each member of 
the Armed Forces deployed in support of Operation 
Iraqi Freedom, Operation New Dawn, Operation
583 
Enduring Freedom, and Operation Odyssey Dawn, 
including room and board, equipment and body 
armor, transportation of troops and equipment (in-
cluding fuel costs), and operational costs. 
(12) Current and future cost of combat-related 
special pays and benefits, including reenlistment bo-
nuses. 
(13) Current and future cost of calling or or-
dering members of the reserve components to active 
duty in support of Operation New Dawn, Operation 
Enduring Freedom, and Operation Odyssey Dawn. 
(14) Current and future cost for reconstruction, 
embassy operations and construction, and foreign 
aid programs for Iraq and Afghanistan. 
(15) Current and future cost of bases and other 
infrastructure to support members of the Armed 
Forces serving in Iraq and Afghanistan. 
(16) Current and future cost of providing 
health care for veterans who served in support of 
Operation Iraqi Freedom, Operation New Dawn, 
Operation Enduring Freedom, and Operation Odys-
sey Dawn— 
(A) the cost of mental health treatment for 
veterans suffering from post-traumatic stress
584 
disorder and traumatic brain injury, and other 
mental problems as a result of such service; and 
(B) the cost of lifetime prosthetics care 
and treatment for veterans suffering from am-
putations as a result of such service. 
(17) Current and future cost of providing De-
partment of Veterans Affairs disability benefits for 
the lifetime of veterans who incur disabilities while 
serving in support of Operation Iraqi Freedom, Op-
eration New Dawn, Operation Enduring Freedom, 
or Operation Odyssey Dawn. 
(18) Current and future cost of providing sur-
vivors’ benefits to survivors of members of the 
Armed Forces killed while serving in support of Op-
eration Iraqi Freedom, Operation New Dawn, Oper-
ation Enduring Freedom, or Operation Odyssey 
Dawn. 
(19) Cost of bringing members of the Armed 
Forces and equipment back to the United States 
upon the conclusion of Operation New Dawn, Oper-
ation Enduring Freedom, or Operation Odyssey 
Dawn, including the cost of demobilization, trans-
portation costs (including fuel costs), providing tran-
sition services for members of the Armed Forces 
transitioning from active duty to veteran status,
585 
transporting equipment, weapons, and munitions 
(including fuel costs), and an estimate of the value 
of equipment that will be left behind. 
(20) Cost to restore the military and military 
equipment, including the equipment of the reserve 
components, to full strength after the conclusion of 
Operation New Dawn or Operation Enduring Free-
dom. 
(21) Amount of money borrowed to pay for Op-
eration Iraqi Freedom, Operation New Dawn, Oper-
ation Enduring Freedom, or Operation Odyssey 
Dawn, and the sources of that money. 
(22) Interest on money borrowed, including in-
terest for money already borrowed and anticipated 
interest payments on future borrowing, for Oper-
ation Iraqi Freedom, Operation New Dawn, Oper-
ation Enduring Freedom, or Operation Odyssey 
Dawn.
586 
Subtitle G—Miscellaneous 
Authorities and Limitations 
SEC. 1071. RULE OF CONSTRUCTION RELATING TO PROHI-
BITION ON INFRINGING ON THE INDIVIDUAL 
RIGHT TO LAWFULLY ACQUIRE, POSSESS, 
OWN, CARRY, AND OTHERWISE USE PRI-
VATELY OWNED FIREARMS, AMMUNITION, 
AND OTHER WEAPONS. 
Section 1062(c) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4363) is amended— 
(1) in paragraph (1)(B), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) in paragraph (2), by striking ‘‘others.’’ and 
inserting ‘‘others; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) authorize a mental health professional that 
is a member of the Armed Forces or a civilian em-
ployee of the Department of Defense or a com-
manding officer to inquire if a member of the Armed 
Forces plans to acquire, or already possesses or 
owns, a privately-owned firearm, ammunition, or 
other weapon, if such mental health professional or 
such commanding officer has reasonable grounds to
587 
believe such member is at high risk for suicide or 
causing harm to others.’’. 
SEC. 1072. EXPANSION OF AUTHORITY OF THE SECRETARY 
OF THE ARMY TO LOAN OR DONATE EXCESS 
SMALL ARMS FOR FUNERAL AND OTHER CER-
EMONIAL PURPOSES. 
Section 4683(a) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3)(A) In order to meet the needs of an eligi-
ble organization with respect to performing funeral 
and other ceremonies, if the Secretary determines 
appropriate, the Secretary may— 
‘‘(i) loan or donate excess small arms to an 
eligible organization; 
‘‘(ii) authorize an eligible organization to 
retain small arms other than M–1 rifles; or 
‘‘(iii) if excess small arms stock is insuffi-
cient to meet organizational requirements, pre-
scribe policies and procedures to establish a ro-
tational loan program based on the needs of eli-
gible organizations. 
‘‘(B) Nothing in this paragraph shall be con-
strued to supersede any Federal law or regulation 
governing the use or ownership of firearms.
588 
‘‘(C) The Secretary may not delegate the au-
thority under this paragraph.’’. 
SEC. 1073. PROHIBITION ON THE USE OF FUNDS FOR MAN-
UFACTURING 
BEYOND 
LOW-RATE 
INITIAL 
PRODUCTION AT CERTAIN PROTOTYPE INTE-
GRATION FACILITIES. 
(a) PROHIBITION.—None of the funds authorized to 
be appropriated by this Act may be used for manufac-
turing production beyond the greater of low-rate initial 
production or 1000 units at a prototype integration facil-
ity of any of the following components of the Army Re-
search, Development, and Engineering Command: 
(1) The Armament Research, Development, and 
Engineering Center. 
(2) The Aviation and Missile Research, Devel-
opment, and Engineering Center. 
(3) The Communications-Electronics Research, 
Development, and Engineering Center. 
(4) The Tank Automotive Research, Develop-
ment, and Engineering Center. 
(b) WAIVER.—The Assistant Secretary of the Army 
for Acquisition, Logistics, and Technology may waive the 
prohibition under subsection (a) for a fiscal year if— 
(1) the Assistant Secretary determines that the 
waiver is necessary—
589 
(A) for reasons of national security; or 
(B) to rapidly acquire equipment to re-
spond to combat emergencies; and 
(2) the Assistant Secretary submits to Congress 
a notification of the waiver together with the reasons 
for the waiver. 
(c) LOW-RATE INITIAL PRODUCTION.—For purposes 
of this section, the term ‘‘low-rate initial production’’ shall 
be determined in accordance with section 2400 of title 10, 
United States Code. 
SEC. 1074. INTERAGENCY COLLABORATION ON UNMANNED 
AIRCRAFT SYSTEMS. 
(a) FINDINGS ON JOINT DEPARTMENT OF DEFENSE- 
FEDERAL AVIATION ADMINISTRATION EXECUTIVE COM-
MITTEE ON CONFLICT AND DISPUTE RESOLUTION.—Sec-
tion 1036(a) of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4596) is amended by adding at the end 
the following new paragraph: 
‘‘(9) Collaboration of scientific and technical 
personnel and sharing resources from the Depart-
ment of Defense, Federal Aviation Administration, 
and National Aeronautics and Space Administration 
can advance an enduring relationship of research ca-
pability to advance the access of unmanned aircraft
590 
systems of the Department of Defense to the Na-
tional Airspace System.’’. 
(b) INTERAGENCY COLLABORATION.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall collaborate with the Administrator of the Fed-
eral Aviation Administration and the Administrator 
of the National Aeronautics and Space Administra-
tion to conduct research and seek solutions to chal-
lenges associated with the safe integration of un-
manned aircraft systems into the National Airspace 
System in accordance with subtitle B of title III of 
the FAA Modernization and Reform Act of 2012 
(Public Law 112–95; 126 Stat. 72). 
(2) ACTIVITIES IN SUPPORT OF PLAN ON AC-
CESS TO NATIONAL AIRSPACE FOR UNMANNED AIR-
CRAFT
SYSTEMS.—Collaboration under paragraph 
(1) may include research and development of sci-
entific and technical issues, equipment, and tech-
nology in support of the plan to safely accelerate the 
integration of unmanned aircraft systems as re-
quired by subtitle B of title III of the FAA Mod-
ernization and Reform Act of 2012 (Public Law 
112–95; 126 Stat. 72). 
(3) NONDUPLICATIVE
EFFORTS.—If the Sec-
retary of Defense determines it is in the interest of
591 
the Department of Defense, the Secretary may use 
existing aerospace-related laboratories, personnel, 
equipment research radars, and ground facilities of 
the Department of Defense to avoid the duplication 
of efforts in carrying out collaboration under para-
graph (1). 
(4) REPORTS.— 
(A) REQUIREMENT.—The Secretary of De-
fense, on behalf of the UAS Executive Com-
mittee, shall annually submit to the congres-
sional defense committees, the Committee on 
Transportation and Infrastructure and the 
Committee on Science, Space, and Technology 
of the House of Representatives, and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate a report on the progress of 
collaborative research activity, including— 
(i) the progress on accomplishing the 
goals of the unmanned aircraft systems re-
search, development, and demonstration 
roadmap of the Next Generation Air 
Transportation System Joint Planning and 
Development Office of the Federal Avia-
tion Administration; and
592 
(ii) estimates of long-term funding 
needs. 
(B) TERMINATION.—The requirement to 
submit a report under subparagraph (A) shall 
terminate on the date that is five years after 
the date of the enactment of this Act. 
(c) UAS EXECUTIVE COMMITTEE DEFINED.—In this 
section, the term ‘‘UAS Executive Committee’’ means the 
Department of Defense–Federal Aviation Administration 
executive committee described in section 1036(b) of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4596) 
established by the Secretary of Defense and the Adminis-
trator of the Federal Aviation Administration. 
SEC. 1075. AUTHORITY TO TRANSFER SURPLUS MINE-RE-
SISTANT 
AMBUSH-PROTECTED 
VEHICLES 
AND SPARE PARTS. 
(a) AUTHORITY.—The Secretary of Defense is au-
thorized to transfer surplus Mine-Resistant Ambush-Pro-
tected vehicles, including spare parts for such vehicles, to 
non-profit United States humanitarian demining organiza-
tions for purposes of demining activities and training of 
such organizations.
593 
(b) TERMS AND CONDITIONS.—Any transfer of vehi-
cles or spare parts under subsection (a) shall be subject 
to the following terms and conditions: 
(1) The transfer shall be made on a loan basis. 
(2) The costs of operation and maintenance of 
the vehicles shall be borne by the recipient organiza-
tion. 
(3) Any other terms and conditions as the Sec-
retary of Defense determines to be appropriate. 
(c) NOTIFICATION.—The Secretary of Defense shall 
notify the congressional defense committees in writing not 
less than 60 days before making any transfer of vehicles 
or spare parts under subsection (a). Such notification shall 
include the name of the organization, the number and 
model of the vehicle to be transferred, a listing of any 
spare parts to be transferred, and any other information 
the Secretary considers appropriate. 
SEC. 1076. LIMITATION ON AVAILABILITY OF FUNDS FOR 
RETIREMENT OF AIRCRAFT. 
(a) IN GENERAL.—Except as provided by section 
135, none of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2013 
for the Army or the Air Force may be used during fiscal 
year 2013 to divest, retire, or transfer, or prepare to di-
vest, retire, or transfer, any—
594 
(1) C–23 aircraft of the Army assigned to the 
Army as of May 31, 2012; or 
(2) aircraft of the Air Force assigned to the Air 
Force as of May 31, 2012. 
(b) WAIVER.—The Secretary of Defense may waive 
the limitation in subsection (a) if— 
(1) the Secretary submits to the congressional 
defense committees written certification that such a 
waiver is necessary to meet an emergency national 
security requirement; and 
(2) a period of 15 days has elapsed following 
the date on which such certification is submitted. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than March 1, 
2013, the Secretary of Defense shall submit to the 
congressional defense committees a report by the 
Chief of the National Guard Bureau, the Chief of 
Staff of the Air Force, and the Chief of Staff of the 
Army and approved by the Secretary of Defense that 
specifies, with respect to all aircraft proposed to be 
retired during fiscal years 2013 through 2017— 
(A) the economic analysis used to make 
each realignment decision with respect to such 
aircraft of the National Guard and Air Force 
Reserve;
595 
(B) alternative options considered for each 
such realignment decision, including an analysis 
of such options; 
(C) the effect of each such realignment de-
cision on— 
(i) the current personnel at the loca-
tion; and 
(ii) the missions and capabilities of 
the Army; and 
(D) the plans for each location that is 
being realigned, including the analysis used for 
such plans. 
(2) GAO ANALYSIS.—The Comptroller General 
of the United States shall carry out the following: 
(A) An economic analysis of the realign-
ment decisions made by the Secretary of De-
fense with respect to the aircraft of the Na-
tional Guard and Air Force Reserve described 
in paragraph (1)(A). 
(B) An analysis of the alternative options 
considered for each such realignment decision. 
(C) An analysis of the effect of each such 
realignment decision on— 
(i) the current personnel at the loca-
tion; and
596 
(ii) the missions and capabilities of 
the Army; and 
(D) An analysis of the plans described in 
paragraph (1)(D). 
(3) COOPERATION.—The Secretary of Defense 
shall provide the Comptroller General with relevant 
data and cooperation to carry out the analyses under 
paragraph (2). 
(4) SUBMITTAL.—Not later than 90 days after 
the date on which the Secretary submits the report 
under paragraph (1), the Comptroller General shall 
submit to the congressional defense committees a re-
port containing the analyses conducted under para-
graph (2). 
SEC. 1077. PROHIBITION ON DEPARTMENT OF DEFENSE 
USE OF NONDISCLOSURE AGREEMENTS TO 
PREVENT MEMBERS OF THE ARMED FORCES 
AND CIVILIAN EMPLOYEES OF THE DEPART-
MENT FROM COMMUNICATING WITH MEM-
BERS OF CONGRESS. 
(a) INCLUSION OF CIVILIAN EMPLOYEES IN CUR-
RENT PROHIBITION ON RESTRICTING COMMUNICATION.— 
Paragraph (1) of subsection (a) of section 1034 of title 
10, United States Code, is amended by inserting ‘‘or civil-
597 
ian employee of the Department of Defense’’ after ‘‘mem-
ber of the armed forces’’. 
(b) 
PROHIBITION
ON
USING
NONDISCLOSURE 
AGREEMENTS
TO
RESTRICT
COMMUNICATION.—Such 
subsection is further amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2)(A) The prohibition imposed by paragraph (1) 
precludes the use of a nondisclosure agreement with a 
member of the armed forces or a civilian employee of the 
Department of Defense to restrict the member or em-
ployee in communicating with a Member of Congress or 
an Inspector General. 
‘‘(B) Subparagraph (A) does not prevent the use of 
nondisclosure agreements to prevent the disclosure of— 
‘‘(i) deliberations regarding the closure or re-
alignment of a military installation under a base clo-
sure law; 
‘‘(ii) commercial proprietary information; and 
‘‘(iii) classified information the level of which 
exceeds the clearance held by the requestor.’’.
598 
SEC. 1078. AUTHORITY FOR CORPS OF ENGINEERS TO CON-
STRUCT PROJECTS CRITICAL TO NAVIGA-
TION SAFETY. 
The Secretary of the Army, acting through the Chief 
of Engineers, may accept non-Federal funds and use such 
funds to construct a navigation project that has not been 
specifically authorized by law if— 
(1) the Secretary has received a completed 
Chief of Engineers’ report for the project; 
(2) the project is fully funded by non-Federal 
sources using non-Federal funds; and 
(3) the Secretary finds that the improvements 
to be made by the project are critical to navigation 
safety. 
SEC. 1079. REVIEW OF AIR NATIONAL GUARD COMPONENT 
NUMBERED 
AIR 
FORCE 
AUGMENTATION 
FORCE. 
(a) REVIEW.— 
(1) IN
GENERAL.—The Secretary of the Air 
Force shall conduct a review of the decision of the 
Secretary to cancel or consolidate the Air National 
Guard Component Numbered Air Force Augmenta-
tion Force. 
(2) MATTERS
INCLUDED.—The review under 
paragraph (1) shall include the following:
599 
(A) An explanation of how the Secretary 
determined which Air National Guard Aug-
mentation Units would be retired or relocated 
during fiscal year 2013. 
(B) A description of the methodologies un-
derlying such determinations, including the fac-
tors and assumptions that shaped the specific 
determinations. 
(C) The rationale for selecting Augmenta-
tion Units to be retired or relocated with re-
spect to such Units of the Air National Guard. 
(D) An explanation of how such consolida-
tion or relocation affects national security. 
(E) Details of the costs incurred, avoided, 
or saved with respect to consolidation or reloca-
tion of Augmentation Units. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report on the 
review conducted under subsection (a)(1). 
(c) COMPTROLLER GENERAL REVIEW.—Not later 
than 60 days after the date on which the report is sub-
mitted under subsection (b), the Comptroller General of 
the United States shall submit to the congressional de-
fense committees a review of such report.
600 
Subtitle H—Other Matters 
SEC. 1081. BIPARTISAN INDEPENDENT STRATEGIC REVIEW 
PANEL. 
(a) BIPARTISAN INDEPENDENT STRATEGIC REVIEW 
PANEL.— 
(1) ESTABLISHMENT.—Chapter 2 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 119b. Bipartisan independent strategic review 
panel 
‘‘(a) ESTABLISHMENT.—There is established a bipar-
tisan independent strategic review panel (in this section 
referred to as the ‘Panel’) to conduct a regular review of 
the national defense strategic environment of the United 
States and to conduct an independent assessment of the 
quadrennial defense review required under section 118. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) APPOINTMENT.—The Panel shall be com-
posed of 12 members from civilian life with a recog-
nized expertise in national security matters who 
shall be appointed as follows: 
‘‘(A) Four members shall be appointed by 
the Secretary of Defense, of whom not more 
than three members shall be of the same polit-
ical party.
601 
‘‘(B) Two members shall be appointed by 
the chair of the Committee on Armed Services 
of the House of Representatives. 
‘‘(C) Two members shall be appointed by 
the chair of the Committee on Armed Services 
of the Senate. 
‘‘(D) Two members shall be appointed by 
the ranking minority member of the Committee 
on Armed Services of the House of Representa-
tives. 
‘‘(E) Two members shall be appointed by 
the ranking minority member of the Committee 
on Armed Services of the Senate. 
‘‘(2) INITIAL
MEMBERS: APPOINTMENT
DATE 
AND TERM OF SERVICE.— 
‘‘(A) APPOINTMENT
DATE.—The initial 
members of the Panel shall be appointed under 
paragraph (1) not later than January 30, 2013. 
‘‘(B) TERMS.— 
‘‘(i) The Secretary of Defense shall 
designate two initial members of the Panel 
appointed under paragraph (1)(A) to serve 
terms that expire on December 31, 2013, 
and two such initial members to serve 
terms that expire on December 31, 2014.
602 
‘‘(ii) The chair of the Committee on 
Armed Services of the House of Represent-
atives shall designate one initial member of 
the Panel appointed under paragraph 
(1)(B) to serve a term that expires on De-
cember 31, 2013, and one such initial 
member to serve a term that expires on 
December 31, 2014. 
‘‘(iii) The chair of the Committee on 
Armed Services of the Senate shall des-
ignate one initial member of the Panel ap-
pointed under paragraph (1)(C) to serve a 
term that expires on December 31, 2013, 
and one such initial member to serve a 
term that expires on December 31, 2014. 
‘‘(iv) The ranking minority member of 
the Committee on Armed Services of the 
House of Representatives shall designate 
one initial member of the Panel appointed 
under paragraph (1)(D) to serve a term 
that expires on December 31, 2013, and 
one such initial member to serve a term 
that expires on December 31, 2014. 
‘‘(v) The ranking minority member of 
the Committee on Armed Services of the
603 
Senate shall designate one initial member 
of the Panel appointed under paragraph 
(1)(E) to serve a term that expires on De-
cember 31, 2013, and one such initial 
member to serve a term that expires on 
December 31, 2014. 
‘‘(3) CHAIRS.—The Secretary of Defense shall 
designate two members appointed pursuant to para-
graph (1)(A) that are not of the same political party 
to serve as the Chairs of the Panel. 
‘‘(4) VACANCIES.— 
‘‘(A) A vacancy in the Panel shall be filled 
in the same manner as the original appointment 
and not later than 30 days after the date on 
which the vacancy begins. 
‘‘(B) A member of the Panel appointed to 
fill a vacancy shall be appointed for a term that 
expires— 
‘‘(i) in the case of an appointment to 
fill a vacancy resulting from a person not 
serving the entire term for which such per-
son was appointed, at the end of the re-
mainder of such term; and 
‘‘(ii) in the case of an appointment to 
fill a vacancy resulting from the expiration
604 
of the term of a member of the panel, two 
years after the date on which the term of 
such member expired. 
‘‘(5) REAPPOINTMENT.—Members of the Panel 
may be reappointed to the Panel for additional 
terms of service. 
‘‘(6) PAY.—The members of the Panel shall 
serve without pay 
‘‘(7) TRAVEL EXPENSES.—Each member of the 
Panel shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with appli-
cable provisions under subchapter I of chapter 57 of 
title 5, United States Code. 
‘‘(c) DUTIES.— 
‘‘(1) REVIEW
OF
NATIONAL
DEFENSE
STRA-
TEGIC ENVIRONMENT.—The Panel shall every four 
years, during a year following a year evenly divisible 
by four, review the national defense strategic envi-
ronment of the United States. Such review shall in-
clude a review and assessment of— 
‘‘(A) the national defense environment, in-
cluding challenges and opportunities; 
‘‘(B) the national defense strategy and pol-
icy;
605 
‘‘(C) the national defense roles, missions, 
and organizations; 
‘‘(D) the risks to the national defense of 
the United States and how such risks affect 
challenges and opportunities to national de-
fense; and 
‘‘(2) ADDITIONAL
REVIEWS.—The Panel may 
conduct additional reviews under paragraph (1) as 
requested by Congress or the Secretary of Defense, 
or when the Panel determines a significant change 
in the national defense environment has occurred 
that would warrant new recommendations from the 
Panel. 
‘‘(3) ASSESSMENT OF QUADRENNIAL DEFENSE 
REVIEW.—The Panel shall conduct an assessment of 
each quadrennial defense review required to be con-
ducted under section 118. Each assessment shall in-
clude— 
‘‘(A) a review of the Secretary of Defense’s 
terms of reference, and any other materials pro-
viding the basis for, or substantial inputs to, 
the work of the Department of Defense on such 
quadrennial defense review; 
‘‘(B) an assessment of the assumptions, 
strategy, findings, and risks in the report of the
606 
Secretary of Defense on such quadrennial de-
fense review required under section 118(d), 
with particular attention paid to the risks de-
scribed in such a report; 
‘‘(C) an independent assessment of a vari-
ety of possible force structures for the armed 
forces, including the force structure identified 
in the report required under section 118(d); 
and 
‘‘(D) a review of the resource requirements 
identified in such quadrennial defense review 
pursuant to section 118(b)(3) and, to the extent 
practicable, a general comparison of such re-
source requirements with the resource require-
ments to support the forces contemplated under 
the force structures assessed under subpara-
graph (C). 
‘‘(d) ADMINISTRATIVE PROVISIONS.— 
‘‘(1) STAFF.— 
‘‘(A) IN
GENERAL.—The Chairs of the 
Panel may, without regard to the civil service 
laws and regulations, appoint and terminate an 
executive director and not more than 11 addi-
tional personnel, as may be necessary to enable 
the Panel to perform the duties of the Panel.
607 
‘‘(B) COMPENSATION.—The Chairs of the 
Panel may fix the compensation of the executive 
director and other personnel without regard to 
the provisions of chapter 51 and subchapter III 
of chapter 53 of title 5, United States Code, re-
lating to the classification of positions and Gen-
eral Schedule pay rates, except that the rate of 
pay for the executive director and other per-
sonnel may not exceed the rate payable for level 
V of the Executive Schedule under section 5316 
of such title. 
‘‘(2) DETAIL OF GOVERNMENT EMPLOYEES.— 
Any Federal Government employee may be detailed 
to the Panel without reimbursement, and such detail 
shall be without interruption or loss of civil service 
status or privilege. 
‘‘(3) PROCUREMENT
OF
TEMPORARY
AND 
INTERMITTENT SERVICES.—The Chairs of the Panel 
may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code, 
at rates for individuals that do not exceed the daily 
equivalent of the annual rate of basic pay for level 
V of the Executive Schedule under section 5316 of 
such title.
608 
‘‘(4) PROVISION OF INFORMATION.—The Panel 
may request directly from the Department of De-
fense and any of its components such information as 
the Panel considers necessary to carry out its duties 
under this section. The head of the department or 
agency concerned shall cooperate with the Panel to 
ensure that information requested by the Panel 
under this paragraph is promptly provided to the 
maximum extent practical. 
‘‘(5) USE OF CERTAIN DEPARTMENT OF DE-
FENSE
RESOURCES.—Upon the request of the 
Chairs of the Panel, the Secretary of Defense shall 
make available to the Panel the services of any fed-
erally-funded research and development center that 
is covered by a sponsoring agreement of the Depart-
ment of Defense. 
‘‘(6) FUNDING.—Funds for activities of the 
Panel shall be provided from amounts available to 
the Department of Defense. 
‘‘(e) REPORTS.— 
‘‘(1) REVIEW
OF
NATIONAL
DEFENSE
STRA-
TEGIC ENVIRONMENT.—Not later than June 30 of a 
year following a year evenly divisible by four, the 
Panel shall submit to the congressional defense com-
mittees, the Secretary of Defense, and the National
609 
Security Council a report containing the results of 
the review conducted under subsection (c)(1) and 
any recommendations or other matters that the 
Panel considers appropriate. 
‘‘(2) ASSESSMENT OF QUADRENNIAL DEFENSE 
REVIEW.—Not later than 90 days after the date on 
which a report on a quadrennial defense review is 
submitted to Congress under section 118(d), the 
Panel shall submit to the congressional defense com-
mittees and the Secretary of Defense a report con-
taining the results of the assessment conducted 
under subsection (c)(3) and any recommendations or 
other matters that the Panel considers appro-
priate.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 2 of title 10, 
United States Code, is amended by adding at the 
end the following new item: 
‘‘119b. Bipartisan independent strategic review panel.’’. 
(b) UPDATES FROM SECRETARY OF DEFENSE ON 
PROGRESS OF QUADRENNIAL DEFENSE REVIEW.—Sec-
tion 118(f) of title 10, United States Code, is amended 
to read as follows: 
‘‘(f) UPDATES TO BIPARTISAN INDEPENDENT STRA-
TEGIC REVIEW PANEL.—The Secretary of Defense shall 
ensure that periodically, but not less often than every 60
610 
days, or at the request of the Chairs of the bipartisan 
independent strategic review panel established under sec-
tion 119b(a), the Department of Defense briefs such panel 
on the progress of the conduct of a quadrennial defense 
review under subsection (a).’’. 
(c) BIPARTISAN INDEPENDENT STRATEGIC REVIEW 
OF THE UNITED STATES ARMY.— 
(1) REVIEW
REQUIRED.—Not later than 30 
days after the date on which all initial members of 
the bipartisan independent strategic review panel are 
appointed under section 119b(b) of title 10, United 
States Code, as added by subsection (a)(1) of this 
section, the Panel shall begin a review of the future 
of the Army. 
(2) ELEMENTS
OF
REVIEW.—The review re-
quired under paragraph (1) shall include a review 
and assessment of— 
(A) the validity and utility of the scenarios 
and planning assumptions the Army used to de-
velop the current force structure of the Army; 
(B) such force structure and an evaluation 
of the adequacy of such force structure for 
meeting the goals of the national military strat-
egy of the United States;
611 
(C) the size and structure of elements of 
the Army, in particular United States Army 
Training and Doctrine Command, United 
States Army Materiel Command, and corps and 
higher headquarters elements; 
(D) potential alternative force structures of 
the Army; and 
(E) the resource requirements of each of 
the alternative force structures analyzed by the 
Panel. 
(3) REPORT.— 
(A) PANEL REPORT.—Not later than one 
year after the date on which the Panel begins 
the review required under paragraph (1), the 
Panel shall submit to the congressional defense 
committees and the Secretary of Defense a re-
port containing the findings and recommenda-
tions of the Panel, including any recommenda-
tions concerning changes to the planned size 
and composition of the Army. 
(B) ADDITIONAL VIEWS.—The report re-
quired under subparagraph (A) shall include 
any additional or dissenting views of a member 
of the Panel that such member considers appro-
priate to include in such report.
612 
(4) DEFINITIONS.—In this section: 
(A) ARMY.—The term ‘‘Army’’ includes 
the reserve components of the Army. 
(B) BIPARTISAN INDEPENDENT STRATEGIC 
REVIEW PANEL.—The terms ‘‘bipartisan inde-
pendent strategic review panel’’ and ‘‘Panel’’ 
mean the bipartisan independent strategic re-
view panel established under section 119b(a) of 
title 10, United States Code, as added by sub-
section (a)(1) of this section. 
SEC. 1082. NOTIFICATION OF DELAYED REPORTS. 
(a) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by inserting after section 122a 
the following new section: 
‘‘§ 122b. Notification of delayed reports 
‘‘If the Secretary of Defense determines that a report 
required by law to be submitted by any official of the De-
partment of Defense to Congress will not be submitted by 
the date required under law, the Secretary shall submit 
to the congressional defense committees a notification, by 
not later than such date, of the following: 
‘‘(1) An explanation of why such report will not 
be submitted by such date. 
‘‘(2) The date on which such report will be sub-
mitted.
613 
‘‘(3) The status of such report as of the date 
of the notification. 
‘‘(4) The office of the Department carrying out 
such report and the individual acting as the head of 
such office.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 122a the following new 
item: 
‘‘122b. Notification of delayed reports.’’. 
SEC. 1083. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) AMENDMENTS TO NATIONAL DEFENSE AUTHOR-
IZATION ACT FOR FISCAL YEAR 2012.—Effective as of 
December 31, 2011, and as if included therein as enacted, 
the National Defense Authorization Act for Fiscal Year 
2012 (Public Law 112–81) is amended as follows: 
(1) Section 243(d) (125 Stat. 1344) is amended 
by striking ‘‘paragraph’’ and inserting ‘‘subsection’’. 
(2) Section 541(b) (125 Stat. 1407) is amended 
by striking ‘‘, as amended by subsection (a),’’. 
(3) Section 589(b) (125 Stat. 1438) is amended 
by striking ‘‘section 717’’ and inserting ‘‘section 
2564’’. 
(4) Section 602(a)(2) (125 Stat. 1447) is 
amended by striking ‘‘repairs,’’ and inserting ‘‘re-
pairs’’.
614 
(5) Section 631(e)(28)(A) (125 Stat. 1464) is 
amended by striking ‘‘In addition’’ in the matter 
proposed to be inserted and inserting ‘‘Under regu-
lations’’. 
(6) Section 631(f)(2) (125 Stat. 1464) is 
amended by striking ‘‘table of chapter’’ and insert-
ing ‘‘table of chapters’’. 
(7) Section 631(f)(3)(B) (125 Stat. 1465) is 
amended by striking ‘‘chapter 9’’ and inserting 
‘‘chapter 10’’. 
(8) Section 631(f)(4) (125 Stat. 1465) is 
amended by striking ‘‘subsection (c)’’ both places it 
appears and inserting ‘‘subsection (d)’’. 
(9) Section 801 (125 Stat. 1482) is amended— 
(A) in subsection (a)(1)(B), by striking 
‘‘paragraphs (6) and (7)’’ and inserting ‘‘para-
graphs (5) and (6)’’; 
(B) in subsection (a)(2), in the matter pro-
posed to be inserted as a new paragraph, by 
striking the double closing quotation marks 
after ‘‘capabilities’’ and inserting a single clos-
ing quotation mark; and 
(C) in subsection (e)(1)(A), by striking 
‘‘Point’’ in the matter proposed to be struck 
and inserting ‘‘Point A’’.
615 
(10) Section 832(b)(1) (125 Stat. 1504) is 
amended by striking ‘‘Defenese’’ and inserting ‘‘De-
fense’’. 
(11) Section 855 (125 Stat. 1521) is amended 
by striking ‘‘Section 139e(b)(12)’’ and inserting 
‘‘Section 139c(b)(12)’’. 
(12) Section 864(a)(2) (125 Stat. 1522) is 
amended by striking ‘‘for Acquisition Workforce 
Programs’’ in the matter proposed to be struck. 
(13) Section 864(d)(2) (125 Stat. 1525) is 
amended to read as follows: 
‘‘(2) in paragraph (6), by striking ‘ensure that 
amounts collected’ and all that follows through the 
end of the paragraph (as amended by section 526 of 
division C of Public Law 112–74 (125 Stat. 914)) 
and inserting ‘ensure that amounts collected under 
this section are not used for a purpose other than 
the activities set forth in section 1201(a) of this 
title.’.’’. 
(14) Section 866(a) (125 Stat. 1526) is amend-
ed by striking ‘‘September 30’’ in the matter pro-
posed to be struck and inserting ‘‘December 31’’. 
(15) Section 867 (125 Stat. 1526) is amend-
ed—
616 
(A) in paragraph (1), by striking ‘‘2010’’ 
in the matter proposed to be struck and insert-
ing ‘‘2011’’; and 
(B) in paragraph (2), by striking ‘‘2013’’ 
in the matter proposed to be struck and insert-
ing ‘‘2014’’. 
(16) Section 1045(c)(1) (125 Stat. 1577) is 
amended by striking ‘‘described in subsection (b)’’ 
and inserting ‘‘described in paragraph (2)’’. 
(17) Section 1067 (125 Stat. 1589) is amend-
ed— 
(A) by striking subsection (a); and 
(B) by striking the subsection designation 
and the subsection heading of subsection (b). 
(18) Section 2702 (125 Stat. 1681) is amend-
ed— 
(A) in the section heading, by striking 
‘‘AUTHORIZED’’ and inserting ‘‘AUTHORIZA-
TION OF APPROPRIATIONS FOR’’; and 
(B) by striking ‘‘Using amounts’’ and all 
that follows through ‘‘may carry out’’ and in-
serting ‘‘Funds are hereby authorized to be ap-
propriated for fiscal years beginning after Sep-
tember 30, 2011, for’’.
617 
(19) Section 2815(c) (125 Stat. 1689) is 
amended by inserting ‘‘subchapter III of’’ before 
‘‘chapter 169’’. 
(b) AMENDMENTS TO IKE SKELTON NATIONAL DE-
FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011.— 
Effective as of January 7, 2011, and as if included therein 
as enacted, the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383) is 
amended as follows: 
(1) Section 533(b) (124 Stat. 4216) is amended 
by inserting ‘‘Section’’ before ‘‘1559(a)’’. 
(2) Section 863(d)(9) (124 Stat. 4293; 10 
U.S.C. 2330 note) is amended by striking ‘‘this 
title’’ and inserting ‘‘title 10, United States Code’’. 
(3) Section 896(a) (124 Stat. 4314) is amended 
by striking ‘‘Chapter 7’’ and inserting ‘‘Chapter 4’’. 
(c) AMENDMENTS TO REFLECT REDESIGNATION OF 
CERTAIN POSITIONS IN OFFICE OF SECRETARY OF DE-
FENSE.— 
(1) ASSISTANT SECRETARY OF DEFENSE FOR 
NUCLEAR, CHEMICAL, AND
BIOLOGICAL
DEFENSE 
PROGRAMS.— Section 1605(a)(5) of the National 
Defense Authorization Act for Fiscal Year 1994 
(Public Law 103–160; 22 U.S.C. 2751 note) is 
amended by striking ‘‘The Assistant to the Secretary
618 
of Defense for Nuclear and Chemical and Biological 
Defense Programs’’ each place it appears and insert-
ing ‘‘The Assistant Secretary of Defense for Nu-
clear, Chemical, and Biological Defense Programs’’. 
(2) ASSISTANT SECRETARY OF DEFENSE FOR 
RESEARCH AND ENGINEERING.— 
(A) The following provisions are amended 
by striking ‘‘Director of Defense Research and 
Engineering’’ and inserting ‘‘Assistant Sec-
retary of Defense for Research and Engineer-
ing’’: 
(i) 
Sections 
2362(a)(1) 
and 
2521(e)(5) of title 10, United States Code. 
(ii) Section 241(c) of the National De-
fense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 10 U.S.C. 
2521 note). 
(iii) Section 212(b) of the Ronald W. 
Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 
108–375; 10 U.S.C. 2358 note). 
(iv) Section 246(d)(1) of the Bob 
Stump National Defense Authorization Act 
for Fiscal Year 2003 (Public Law 107– 
314; 10 U.S.C. 2358 note).
619 
(v) Section 257(a) of the National De-
fense Authorization Act for Fiscal Year 
1995 (Public Law 103–337; 10 U.S.C. 
2358 note). 
(vi) Section 1101(b)(1)(D) of the 
Strom Thurmond National Defense Au-
thorization Act for Fiscal Year 1999 (Pub-
lic Law 105–261; 5 U.S.C. 3104 note). 
(vii) Section 802(g)(1)(B)(ii) of the 
Higher Education Opportunity Act (20 
U.S.C. 9631(g)(1)(B)(ii)). 
(B) Section 2365 of title 10, United States 
Code, is amended— 
(i) in subsection (a), by inserting ‘‘of 
Defense for Research and Engineering’’ 
after ‘‘Assistant Secretary’’; and 
(ii) in subsection (d)(3)(A), by strik-
ing ‘‘Director’’ and inserting ‘‘Assistant 
Secretary’’. 
(C) Section 256 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 10 U.S.C. 1071 note) is amend-
ed in subsections (b)(4) and (d) by striking 
‘‘Director, Defense’’ and inserting ‘‘Assistant 
Secretary of Defense for’’.
620 
(D) Section 1504 of the Duncan Hunter 
National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 10 U.S.C. 
2358 note) is amended— 
(i) in subsection (a), by striking ‘‘Di-
rector of Defense’’ and inserting ‘‘Assist-
ant Secretary of Defense for’’; and 
(ii) in subsection (b)(9), by striking 
‘‘the Director of the’’ and all that follows 
through ‘‘Engineering’’ and inserting ‘‘the 
Director and the Assistant Secretary’’. 
(E) Section 802 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public 
Law 103–160; 10 U.S.C. 2358 note) is amend-
ed— 
(i) in subsection (a), by striking ‘‘Di-
rector of Defense’’ and inserting ‘‘Assist-
ant Secretary of Defense for’’; 
(ii) in subsections (b), (d), and (e), by 
striking ‘‘Director’’ and inserting ‘‘Assist-
ant Secretary’’; and 
(iii) in subsection (f), by striking ‘‘Not 
later than’’ and all that follows through 
‘‘the Director’’ and inserting ‘‘The Assist-
ant Secretary’’.
621 
(F) Section 214 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 10 U.S.C. 2521 note) is amend-
ed by striking ‘‘unless the’’ and all that follows 
through ‘‘ensures’’ and inserting ‘‘unless the 
Assistant Secretary of Defense for Research 
and Engineering ensures’’. 
(d) CROSS-REFERENCE AMENDMENTS RELATING TO 
ENACTMENT OF TITLE 41.—Title 10, United States Code, 
is amended as follows: 
(1) Section 2302 is amended— 
(A) in paragraph (7), by striking ‘‘section 
4 of such Act’’ and inserting ‘‘such section’’; 
and 
(B) in paragraph (9)(A)— 
(i) by striking ‘‘section 26 of the Of-
fice of Federal Procurement Policy Act (41 
U.S.C. 422)’’ and inserting ‘‘chapter 15 of 
title 41’’; and 
(ii) by striking ‘‘such section’’ and in-
serting ‘‘such chapter’’. 
(2) Section 2306a(b)(3)(B) is amended by 
striking ‘‘section 4(12)(C)(i) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(12)(C)(i))’’ 
and inserting ‘‘section 103(3)(A) of title 41’’.
622 
(3) Section 2321(f)(2) is amended by striking 
‘‘section 35(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 431(c))’’ and inserting ‘‘sec-
tion 104 of title 41’’. 
(4) Section 2359a(h) is amended by striking 
‘‘section 16(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 414(c))’’ and inserting ‘‘sec-
tion 1702(c) of title 41’’. 
(5) Section 2359b(k)(4) is amended— 
(A) in subparagraph (A), by striking ‘‘sec-
tion 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403)’’ and inserting ‘‘sec-
tion 110 of title 41’’; and 
(B) in subparagraph (B), by adding a pe-
riod at the end. 
(6) Section 2379 is amended— 
(A) in subsections (a)(1)(A), (b)(2)(A), 
and (c)(1)(B)(i), by striking ‘‘section 4(12) of 
the Office of Federal Procurement Policy Act 
(41 U.S.C. 403(12))’’ and inserting ‘‘section 
103 of title 41’’; and 
(B) in subsections (b) and (c)(1), by strik-
ing ‘‘section 35(c) of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 431(c))’’ and 
inserting ‘‘section 104 of title 41’’.
623 
(7) Section 2382(c) is amended— 
(A) in paragraph (2)(B), by striking ‘‘sec-
tions 303H through 303K of the Federal Prop-
erty and Administrative Services Act of 1949 
(41 U.S.C. 253h through 253k)’’ and inserting 
‘‘sections 4101, 4103, 4105, and 4106 of title 
41’’; and 
(B) in paragraph (3)(A), by striking ‘‘sec-
tion 16(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 414(c))’’ and inserting 
‘‘section 1702(c) of title 41’’. 
(8) Section 2410m(b)(1) is amended— 
(A) in subparagraph (A)(i), by striking 
‘‘section 7 of such Act’’ and inserting ‘‘section 
7104(a) of such title’’; and 
(B) in subparagraph (B)(ii), by striking 
‘‘section 7 of the Contract Disputes Act of 
1978’’ and inserting ‘‘section 7104(a) of title 
41’’. 
(9) Section 2533b is amended— 
(A) in subsection (h)— 
(i) in paragraph (1), by striking ‘‘sec-
tions 34 and 35 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 430
624 
and 431)’’ and inserting ‘‘sections 1906 
and 1907 of title 41’’; and 
(ii) in paragraph (2), by striking ‘‘sec-
tion 35(c) of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 431(c))’’ 
and inserting ‘‘section 104 of title 41’’; 
and 
(B) in subsection (m)— 
(i) in paragraph (2), by striking ‘‘sec-
tion 4 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403)’’ and in-
serting ‘‘section 105 of title 41’’; 
(ii) in paragraph (3), by striking ‘‘sec-
tion 4 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403)’’ and in-
serting ‘‘section 131 of title 41’’; and 
(iii) in paragraph (5), by striking 
‘‘section 35(c) of the Office of Federal 
Procurement 
Policy 
Act 
(41 
U.S.C. 
431(c))’’ and inserting ‘‘section 104 of title 
41’’. 
(e) OTHER CROSS-REFERENCE AMENDMENTS
IN 
TITLE 10.—Title 10, United States Code, is amended as 
follows: 
(1) Section 1722b(c) is amended—
625 
(A) in paragraph (3), by striking ‘‘sub-
sections (b)(2)(A) and (b)(2)(B)’’ and inserting 
‘‘subsections (b)(1)(A) and (b)(1)(B)’’; and 
(B) 
in 
paragraph 
(4), 
by 
striking 
‘‘1734(d), or 1736(c)’’ and inserting ‘‘or 
1734(d)’’. 
(2) Section 2382(b)(1) is amended by inserting 
‘‘of the Small Business Act (15 U.S.C. 657q(c)(4))’’ 
after ‘‘section 44(c)(4)’’; 
(3) Section 2548(e)(2) is amended by striking 
‘‘section 103(f) of the Weapon Systems Acquisition 
Reform Act of 2009 (10 U.S.C. 2430 note),’’ and in-
serting ‘‘section 2438(f) of this title’’. 
(4) Section 2925 is amended— 
(A) in subsection (a)(1), by striking ‘‘sec-
tion 533’’ and inserting ‘‘section 553’’; and 
(B) in subsection (b)(1), by striking ‘‘sec-
tion 139b’’ and inserting ‘‘section 138c’’. 
(f) DATE OF ENACTMENT REFERENCES.—Title 10, 
United States Code, is amended as follows: 
(1) Section 1564(a)(2)(B) is amended by strik-
ing ‘‘the date of the enactment of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 
2011’’ in clauses (ii) and (iii) and inserting ‘‘Janu-
ary 7, 2011’’.
626 
(2) Section 2359b(k)(5) is amended by striking 
‘‘the date that is five years after the date of the en-
actment of this Act’’ and inserting ‘‘January 7, 
2016’’. 
(3) Section 2649(c) is amended by striking 
‘‘During the 5-year period beginning on the date of 
the enactment of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011’’ and insert-
ing ‘‘Until January 6, 2016’’. 
(4) Section 2790(g)(1) is amended by striking 
‘‘on or after the date of the enactment of the Ike 
Skelton National Defense Authorization Act for Fis-
cal Year 2011’’ and inserting ‘‘after January 6, 
2011,’’. 
(5) Sections 3911(b)(2), 6323(a)(2)(B), and 
8911(b)(2) are amended by striking ‘‘the date of the 
enactment of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011’’ and inserting 
‘‘January 7, 2011,’’. 
(6) Section 10217(d)(3) is amended by striking 
‘‘after the end of the 2-year period beginning on the 
date of the enactment of this subsection’’ and insert-
ing ‘‘after January 6, 2013’’.
627 
(g) OTHER
MISCELLANEOUS
AMENDMENTS
TO 
TITLE 10.—Title 10, United States Code, is amended as 
follows: 
(1) Section 113(c)(2) is amended by striking 
‘‘on’’ after ‘‘Board on’’. 
(2) The table of sections at the beginning of 
chapter 4 is amended by striking the item relating 
to section 133b. 
(3) Paragraph (3) of section 138(c), as added 
by section 314(a) of the National Defense Author-
ization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1357), is transferred to appear at the 
end of section 138c(c). 
(4) Section 139a(d)(4) is amended by adding a 
period at the end. 
(5) Section 139b(a)(6) is amended by striking 
‘‘propriety’’ and inserting ‘‘proprietary’’. 
(6) The item relating to section 225 at the end 
of the table of sections at the beginning of chapter 
9 is transferred to appear after the item relating to 
section 224. 
(7) Section 843(b)(2)(B)(v) (article 43 of the 
Uniform Code of Military Justice) is amended by 
striking ‘‘Kidnaping,,’’ and inserting ‘‘Kidnaping,’’
628 
(8) Section 920(g)(7) (article 120 of the Uni-
form Code of Military Justice) is amended by strik-
ing the second period at the end. 
(9) Section 1086(b)(1) is amended by striking 
‘‘clause (2)’’ and inserting ‘‘paragraph (2)’’. 
(10) Section 1142(b)(10) is amended by strik-
ing ‘‘training,,’’ and inserting ‘‘training,’’. 
(11) Section 1401(a) is amended by striking 
‘‘columns 1, 2, 3, and 4,’’ in the matter preceding 
the table and inserting ‘‘columns 1, 2, and 3,’’. 
(12) Section 1781(a) is amended— 
(A) in the first sentence, by striking ‘‘Di-
rector’’ and inserting ‘‘Office’’; 
(B) in the first sentence, by striking ‘‘here-
inafter’’; and 
(C) in the second sentence, by striking ‘‘of-
fice’’ both places it appears and inserting ‘‘Of-
fice’’. 
(13) Section 1790 is amended— 
(A) by striking the section heading and in-
serting the following: 
‘‘§ 1790. Military personnel citizenship processing’’; 
(B) by striking ‘‘AUTHORIZATION OF PAY-
MENTS.—’’;
629 
(C) by striking ‘‘title 10, United States 
Code’’ and inserting ‘‘this title’’; 
(D) by striking ‘‘Secs.’’; and 
(E) by striking ‘‘sections 286(m) and (n) 
of such Act (8 U.S.C. Sec. 1356(m))’’ and in-
serting ‘‘subsections m and (n) of section 286 
of such Act (8 U.S.C. 1356).’’. 
(14) Section 2006(b)(2) is amended by redesig-
nating the second subparagraph (E) (as added by 
section 109(b)(2)(B) of Public Law 111–377 (124 
Stat. 4120), effective August 1, 2011) as subpara-
graph (F). 
(15) Section 2350m(e) is amended by striking 
‘‘Not later than October 31, 2009, and annually 
thereafter’’ and inserting ‘‘Not later than October 
31 each year’’. 
(16) Section 2401 is amended by striking ‘‘the 
Committee on Armed Services and the Committee on 
Appropriations of the Senate and the Committee on 
Armed Services and the Committee on Appropria-
tions of the House of Representatives’’ in sub-
sections (b)(1)(B) and (h)(1) and inserting ‘‘the con-
gressional defense committees’’. 
(17) Section 2438(a)(3) is amended by insert-
ing ‘‘the senior’’ before ‘‘official’s’’.
630 
(18) Section 2548 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Not later than’’ and 
all that follows through ‘‘the Secretary’’ 
and inserting ‘‘The Secretary’’; and 
(ii) by adding a period at the end of 
paragraph (3); 
(B) in subsection (d), by striking ‘‘Begin-
ning with fiscal year 2012, the’’ and inserting 
‘‘The’’; and 
(C) in subsection (e)(1), by striking ‘‘, 
United States Code,’’. 
(19) Section 2561(f)(2) is amended by striking 
‘‘Committee on International Relations’’ and insert-
ing ‘‘Committee on Foreign Affairs’’. 
(20) Section 2687a is amended— 
(A) in subsection (a), by striking ‘‘Foreign 
relations’’ and inserting ‘‘Foreign Relations’’; 
and 
(B) in subsection (b)(1)— 
(i) by striking the comma after ‘‘in-
cluding’’; and 
(ii) by striking ‘‘The Treaty’’ and in-
serting ‘‘the Treaty’’. 
(21) Section 4342 is amended—
631 
(A) in subsection (b)— 
(i) in paragraph (1), by striking 
‘‘clause’’ both places it appears and insert-
ing ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’; 
(B) in subsection (d), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’; and 
(C) in subsection (f), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’. 
(22) Section 4343 is amended by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(23) Section 6954 is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking 
‘‘clause’’ both places it appears and insert-
ing ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’; and 
(B) in subsection (d), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’. 
(24) Section 6956(b) is amended by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(25) Section 9342 is amended— 
(A) in subsection (b)—
632 
(i) in paragraph (1), by striking 
‘‘clause’’ both places it appears and insert-
ing ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’; 
(B) in subsection (d), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’; and 
(C) in subsection (f), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’. 
(26) Section 9343 is amended by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(27) Section 10217(c)(3) is amended by strik-
ing ‘‘consider’’ and inserting ‘‘considered’’. 
(h) REPEAL OF EXPIRED PROVISIONS.—Title 10, 
United States Code, is amended as follows: 
(1) Section 1108 is amended— 
(A) by striking subsections (j) and (k); and 
(B) by redesignating subsection (l) as sub-
section (j). 
(2) Section 2325 is amended by striking sub-
section (b) and redesignating subsection (c) as sub-
section (b). 
(3) Section 2349a is repealed, and the table of 
sections at the beginning of subchapter I of chapter
633 
138 is amended by striking the item relating to that 
section. 
(4) Section 2374b is repealed, and the table of 
sections at the beginning of chapter 139 is amended 
by striking the item relating to that section. 
(i) AMENDMENTS TO TITLE 37.— Title 37, United 
States Code, is amended as follows: 
(1) Section 310(c)(1) is amended by striking 
‘‘section for for’’ and inserting ‘‘section for’’. 
(2) Section 431, as transferred to chapter 9 of 
such title by section 631(d)(2) of the National De-
fense Authorization Act for Fiscal Year 2012 (Pub-
lic Law 112–81; 125 Stat. 1460), is redesignated as 
section 491. 
(j) AMENDMENTS TO TITLE 41.— Title 41, United 
States Code, is amended as follows: 
(1) Section 1122(a)(5) is amended by striking 
the period at the end and inserting a semicolon. 
(2) Section 1703(i)(6) is amended by striking 
‘‘Procurememt’’ and inserting ‘‘Procurement’’. 
(k) AMENDMENT TO TITLE 46.— Subsection (a) of 
section 51301 of title 46, United States Code, is amended 
in the heading by striking ‘‘IN GENERAL’’ and inserting 
‘‘IN GENERAL’’.
634 
(l) DUPLICATIVE PROVISION IN ARMED FORCES RE-
TIREMENT HOME ACT OF 1991.— Section 1511(d) of the 
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 
411(d)) is amended by striking the first paragraph (3), 
leaving the second paragraph (3) added by section 561 
of Public Law 112–81 (125 Stat. 1420). 
(m) CROSS REFERENCES AND DATE OF ENACTMENT 
REFERENCES IN REINSTATEMENT OF TEMPORARY EARLY 
RETIREMENT AUTHORITY.— Section 4403 of the Na-
tional Defense Authorization Act for Fiscal Year 1993 
(Public Law 102–484; 10 U.S.C. 1293 note), as amended 
by section 504(b) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1391), is amended— 
(1) in subsection (c)(2)— 
(A) in subparagraph (A), by striking 
‘‘1995 (’’ and inserting ‘‘1995 (Public Law 
103–337;’’; and 
(B) in subparagraph (B), by striking 
‘‘1995’’ and inserting ‘‘1996’’; 
(2) in subsection (h), by striking ‘‘the date of 
the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2012’’ and inserting ‘‘De-
cember 31, 2011,’’; and
635 
(3) in subsection (i)(2), by striking ‘‘the date of 
the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2012’’ and inserting ‘‘De-
cember 31, 2011,’’. 
(n) COORDINATION
WITH
OTHER
AMENDMENTS 
MADE BY THIS ACT.—For purposes of applying amend-
ments made by provisions of this Act other than this sec-
tion, the amendments made by this section shall be treated 
as having been enacted immediately before any amend-
ment made by other provisions of this Act. 
SEC. 
1084. 
PROHIBITION 
ON 
USE 
OF 
INFORMATION 
AGAINST A UNITED STATES CITIZEN GATH-
ERED BY UNMANNED AERIAL VEHICLE WITH-
OUT A WARRANT. 
Notwithstanding any other provision of law, informa-
tion acquired by an unmanned aerial vehicle operated by 
the Department of Defense may not be admitted in a Fed-
eral court, State court, or court of a political subdivision 
of a State as evidence against a United States citizen un-
less such information was obtained by such unmanned aer-
ial vehicle pursuant to a court order. 
SEC. 1085. THE HOUSE OF REPRESENTATIVES HONORS. 
(a) FINDINGS.—The House of Representatives finds 
the following:
636 
(1) The spread of warfare across Europe and 
Asia led to the establishment on May 20, 1941, of 
the United States Office of Civilian Defense by Ex-
ecutive Order No. 8757 of President Franklin D. 
Roosevelt, to ‘‘assure effective coordination of Fed-
eral relations with State and local governments en-
gaged in defense activities, to provide for necessary 
cooperation with States and local governments in re-
spect to measures for adequate protection of the ci-
vilian population in emergency periods, to facilitate 
constructive civilian participation in the defense pro-
gram, and to sustain national morale’’. 
(2) The December 7, 1941, attack by the Em-
pire of Japan on Pearl Harbor, Hawaii, precipitated 
the entry of the United States into the worldwide 
conflict and signaled a new era of warfare that de-
manded new efforts to protect the people of the 
United States from airborne assault by an overseas 
enemy. 
(3) In response to this new threat, the United 
States Office of Civilian Defense mobilized millions 
of volunteers to participate in efforts to enhance the 
preparedness of the United States in case of attack, 
including fire protection, communication and logis-
637 
tics, construction of bomb shelters, and air raid 
blackout drills. 
(4) Thousands of Americans unable to serve in 
the United States Armed Forces volunteered their 
service as Air Raid Wardens in communities across 
the United States during World War II, contributing 
to America’s defense against potential enemy assault 
and the ultimate victory of the Allied nation. 
(5) A training manual distributed to Air Raid 
Wardens during World War II noted that ‘‘In the 
system of civilian defense, the Air Raid Warden oc-
cupies the key position. He is the field officer under 
whose supervision the efforts of the civilian popu-
lation are directed in the tremendous task of effec-
tive defense. Through the Air Raid Wardens, civilian 
activity is coordinated with that of the police and 
fire departments and other vital services.’’. 
(6) Training manuals distributed to Air Raid 
Wardens included ‘‘I am an Air Raid Warden’’, by 
Frank W. Atherton, Chief Air Raid Warden, 1st 
District, United States Citizens’ Defense Corps of 
Michigan, which read, in part that ‘‘I am an Air 
Raid Warden. My country, my state and my commu-
nity have given me many pleasant and fruitful years 
and now in time of trouble I feel that it is my duty
638 
to do my part in the work assigned to me in helping 
to reduce to a minimum any harm that may come 
from without or within.’’. 
(7) Tony Pastor and His Orchestra released a 
song in 1942, titled ‘‘Obey Your Air Raid Warden’’, 
which was widely distributed as a public service an-
nouncement and contained the following lyrics: 
‘‘One, be calm. Two, get under shelter. Three, don’t 
run. Obey your air-raid warden. Four, stay home. 
Five, keep off the highway. Six, don’t phone. Obey 
your air-raid warden. There are rules that you 
should know, What to do and where to go, When 
you hear the sirens blow, Stop, look, and listen. 
Seven, don’t smoke. Eight, help all the kiddies. Most 
of all, obey your air-raid warden. Stop, look, and lis-
ten. Dim the lights, Wait for information, Most of 
all, obey your air-raid warden. Stop the panic, Don’t 
get in a huff, Our aim today is to call their bluff. 
Follow these rules and that is enough. Obey your 
air-raid warden.’’. 
(b) THE HOUSE OF REPRESENTATIVES HONORS.— 
The House of Representatives encourages surviving Air 
Raid Wardens and other volunteers of the United States 
Office of Civilian Defense during the World War II to
639 
record and permanently preserve stories of their service 
for future generations. 
SEC. 1086. COST OF WARS. 
The Secretary of Defense, in consultation with the 
Commissioner of the Internal Revenue Service and the Di-
rector of the Bureau of Economic Analysis, shall post on 
the public Web site of the Department of Defense the 
costs, including the relevant legacy costs, to each Amer-
ican taxpayer of each of the wars in Afghanistan and Iraq. 
SEC. 1087. INCREASE IN AUTHORIZED NUMBER OF WEAP-
ONS OF MASS DESTRUCTION CIVIL SUPPORT 
TEAMS. 
(a) IN GENERAL.—Section 1403(a) of the Bob 
Stump National Defense Authorization Act for Fiscal 
Year 2003 (Public Law 107–314; 116 Stat. 2676; 10 
U.S.C. 12310 note) is amended— 
(1) in paragraph (1), by striking ‘‘23’’ and in-
serting ‘‘a minimum of 25’’; and 
(2) by striking ‘‘55 teams’’ each place it ap-
pears and inserting ‘‘57 teams’’. 
(b) FUNDING.— 
(1) INCREASE.—Notwithstanding the amounts 
set forth in the funding tables in division D, the 
amount authorized to be appropriated in section 301 
for operation and maintenance, Army, as specified in
640 
the corresponding funding table in section 4301, for 
Line 070, Force Readiness Operations Support is 
hereby increased by $5,000,000. 
(2) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 201 for re-
search, development, test, and evaluation, Defense- 
wide, as specified in the corresponding funding table 
in division D, is hereby reduced by $5,000,000, to 
be derived from Line 036, Program Element 
0603384BP, Chemical and Biological Defense Pro-
gram. 
SEC. 1088. TRIAL OF FOREIGN TERRORISTS. 
After the date of the enactment of this Act, any for-
eign national, who— 
(1) engages or has engaged in conduct consti-
tuting an offense relating to a terrorist attack 
against persons or property in the United States or 
against any United States Government property or 
personnel outside the United States, and 
(2) is subject to trial for that offense by a mili-
tary commission under chapter 47A of title 10, 
United States Code, 
shall be tried for that offense only by a military commis-
sion under that chapter.
641 
SEC. 1089. RIALTO-COLTON BASIN, CALIFORNIA, WATER RE-
SOURCES STUDY. 
(a) IN GENERAL.—Not later than 2 years after funds 
are made available to carry out this Act, the Secretary 
of the Interior, acting through the Director of the United 
States Geological Survey, shall complete a study of water 
resources in the Rialto-Colton Basin in the State of Cali-
fornia (in this section referred to as the ‘‘Basin’’), includ-
ing— 
(1) a survey of ground water resources in the 
Basin, including an analysis of— 
(A) the delineation, either horizontally or 
vertically, of the aquifers in the Basin, includ-
ing the quantity of water in the aquifers; 
(B) the availability of ground water re-
sources for human use; 
(C) the salinity of ground water resources; 
(D) the identification of a recent surge in 
perchlorate concentrations in ground water, 
whether significant sources are being flushed 
through the vadose zone, or if perchlorate is 
being remobilized; 
(E) the identification of impacts and 
extents of all source areas that contribute to 
the regional plume to be fully characterized;
642 
(F) the potential of the ground water re-
sources to recharge; 
(G) the interaction between ground water 
and surface water; 
(H) the susceptibility of the aquifers to 
contamination, including identifying the extent 
of commingling of plume emanating within sur-
rounding areas in San Bernardino County, 
California; and 
(I) any other relevant criteria; and 
(2) a characterization of surface and bedrock 
geology of the Basin, including the effect of the geol-
ogy on ground water yield and quality. 
(b) COORDINATION.—The Secretary shall carry out 
the study in coordination with the State of California and 
any other entities that the Secretary determines to be ap-
propriate, including other Federal agencies and institu-
tions of higher education. 
(c) REPORT.—Upon completion of the study, the Sec-
retary shall submit to the Committee on Energy and Nat-
ural Resources of the Senate and the Committee on Nat-
ural Resources of the House of Representatives a report 
that describes the results of the study.
643 
SEC. 1090. REPORT ON DESIGNATION OF BOKO HARAM AS 
A FOREIGN TERRORIST ORGANIZATION. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this section, the Sec-
retary of State shall submit to the appropriate con-
gressional committees— 
(A) a detailed report on whether the Nige-
rian organization named ‘‘People Committed to 
the Propagation of the Prophet’s Teachings and 
Jihad’’ (commonly known as ‘‘Boko Haram’’), 
meets the criteria for designation as a foreign 
terrorist organization under section 219 of the 
Immigration and Nationality Act (8 U.S.C. 
1189); and 
(B) if the Secretary of State determines 
that Boko Haram does not meet such criteria, 
a detailed justification as to which criteria have 
not been met. 
(2) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex if appropriate. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means—
644 
(A) the Committee on Homeland Security, 
the Committee on Armed Services, the Com-
mittee on Foreign Affairs, and the Permanent 
Select Committee on Intelligence of the House 
of Representatives; and 
(B) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
Armed Services, the Committee on Foreign Re-
lations, and the Select Committee on Intel-
ligence of the Senate. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to infringe upon the sovereignty 
of Nigeria to combat militant or terrorist groups operating 
inside the boundaries of Nigeria. 
SEC. 1091. SENSE OF CONGRESS ON RECOGNIZING AIR MO-
BILITY COMMAND ON ITS 20TH ANNIVER-
SARY. 
(a) FINDINGS.—Congress finds the following: 
(1) On June 1, 1992, Air Mobility Command 
was established as the Air Force’s functional com-
mand for cargo and passenger delivery, air refueling, 
and aeromedical evacuation. 
(2) As the lead Major Command for all Mobility 
Air Forces, Air Mobility Command ensures that the
645 
Air Force’s core functions of global vigilance, power, 
and reach are fulfilled. 
(3) The ability of the United States to rapidly 
respond to humanitarian disasters and the outbreak 
of hostilities anywhere in the world truly defines the 
United States as a global power. 
(4) Mobility Air Forces Airmen are unified by 
one single purpose: to answer the call of others so 
they may prevail. 
(5) The United States’ hand of friendship to 
the world many times takes the form of Mobility Air 
Forces aircraft delivering humanitarian relief. Since 
its inception, Air Mobility Command has provided 
forces for 43 humanitarian relief efforts at home 
and abroad, from New Orleans, Louisiana, to Bam, 
Iran. 
(6) A Mobility Air Forces aircraft departs every 
2 minutes, 365 days a year. Since September 11, 
2001, Mobility Air Forces aircraft have flown 18.9 
million passengers, 6.8 million tons of cargo, and 
offloaded 2.2 billion pounds of fuel. Many of these 
flights have assisted combat aircraft protection 
United States forces from overhead. 
(7) The United States keeps its solemn promise 
to its men and women in uniform with Air Mobility
646 
Command, accomplishing 186,940 patient move-
ments since the beginning of Operation Iraqi Free-
dom. 
(8) Mobility Air Forces Airmen reflect the best 
values of the Nation: delivering hope, saving lives, 
and fueling the fight. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, on the occasion of the 20th anniversary of the 
establishment of Air Mobility Command, the people of the 
United States should— 
(1) recognize the critical role that Mobility Air 
Forces play in the Nation’s defense; and 
(2) express appreciation for the leadership of 
Air Mobility Command and the more than 134,000 
active-duty, Air National Guard, Air Force Reserve, 
and Department of Defense civilians that make up 
the command. 
SEC. 1092. CONSOLIDATION OF DATA CENTERS. 
Section 2867 of the National Defense Authorization 
Act for Fiscal Year 2012 (10 U.S.C. 2223a note) is 
amended— 
(1) in subsection (b)(2)— 
(A) in subparagraph (A), by inserting after 
‘‘April 1, 2012,’’ the following: ‘‘and each year 
thereafter,’’; and
647 
(B) by adding at the end the following new 
paragraph: 
‘‘(C) ADDITIONAL
ELEMENT.—The per-
formance plan required under this paragraph, 
with respect to plans submitted after the date 
of the enactment of the National Defense Au-
thorization Act for Fiscal Year 2013, shall be 
consistent with the July 2011 Government Ac-
countability Office report to Congress, entitled 
‘Data Center Consolidation Agencies Need to 
Complete Inventories and Plans to Achieve Ex-
pected Savings’ (GAO–11–565), as updated by 
quarterly consolidation progress reports sub-
mitted by the Department of Defense to the Of-
fice of Management and Budget’’; and 
(2) in subsection (d)(1), by adding at the end 
the following: ‘‘Beginning after the date of the en-
actment of the National Defense Authorization Act 
for Fiscal Year 2013, such report shall include 
progress updates on consolidation goals achieved 
during the preceding fiscal year consistent with the 
framework outlined by the July 2011 Government 
Accountability Office report to Congress, entitled 
‘Data Center Consolidation Agencies Need to Com-
plete Inventories and Plans to Achieve Expected
648 
Savings’ (GAO–11–565), as updated by quarterly 
consolidation progress reports submitted by the De-
partment of Defense to the Office of Management 
and Budget.’’. 
SEC. 1093. SENSE OF CONGRESS REGARDING PRESERVA-
TION OF SECOND AMENDMENT RIGHTS OF 
ACTIVE DUTY MILITARY PERSONNEL STA-
TIONED OR RESIDING IN THE DISTRICT OF 
COLUMBIA. 
(a) FINDINGS.—Congress finds the following: 
(1) The Second Amendment to the United 
States Constitution provides that the right of the 
people to keep and bear arms shall not be infringed. 
(2) Approximately 40,000 servicemen and 
women across all branches of the Armed Forces ei-
ther live in or are stationed on active duty within the 
Washington, DC metropolitan area. Unless these in-
dividuals are granted a waiver as serving in a law 
enforcement role, they are subject to the District of 
Columbia’s onerous and highly restrictive laws on 
the possession of firearms. 
(3) Military personnel, despite being extensively 
trained in the proper and safe use of firearms, are 
therefore deprived by the laws of the District of Co-
lumbia of handguns, rifles, and shotguns that are
649 
commonly kept by law-abiding persons throughout 
the United States for sporting use and for lawful de-
fense of their persons, homes, businesses, and fami-
lies. 
(4) The District of Columbia has one of the 
highest per capita murder rates in the Nation, which 
may be attributed in part to previous local laws pro-
hibiting possession of firearms by law-abiding per-
sons who would have otherwise been able to defend 
themselves and their loved ones in their own homes 
and businesses. 
(5) The Gun Control Act of 1968, as amended 
by the Firearms Owners’ Protection Act, and the 
Brady Handgun Violence Prevention Act, provide 
comprehensive Federal regulations applicable in the 
District of Columbia as elsewhere. In addition, exist-
ing District of Columbia criminal laws punish pos-
session and illegal use of firearms by violent crimi-
nals and felons. Consequently, there is no need for 
local laws that only affect and disarm law-abiding 
citizens. 
(6) On June 26, 2008, the Supreme Court of 
the United States in the case of District of Columbia 
v. Heller held that the Second Amendment protects 
an individual’s right to possess a firearm for tradi-
650 
tionally lawful purposes, and thus ruled that the 
District of Columbia’s handgun ban and require-
ments that rifles and shotguns in the home be kept 
unloaded and disassembled or outfitted with a trig-
ger lock to be unconstitutional. 
(7) On July 16, 2008, the District of Columbia 
enacted the Firearms Control Emergency Amend-
ment Act of 2008 (D.C. Act 17–422; 55 DCR 
8237), which places onerous restrictions on the abil-
ity of law-abiding citizens from possessing firearms, 
thus violating the spirit by which the Supreme Court 
of the United States ruled in District of Columbia 
v. Heller. 
(8) On February 26, 2009, the United States 
Senate adopted an amendment on a bipartisan vote 
of 62-36 by Senator John Ensign to S. 160, the 
District of Columbia House Voting Rights Act of 
2009, which would fully restore Second Amendment 
rights to the citizens of the District of Columbia. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that active duty military personnel who are stationed 
or residing in the District of Columbia should be permitted 
to exercise fully their rights under the Second Amendment 
to the Constitution of the United States and therefore
651 
should be exempt from the District of Columbia’s restric-
tions on the possession of firearms. 
SEC. 1094. CONDITIONAL REPLACEMENT FOR FY 2013 SE-
QUESTER. 
(a) CONTINGENT EFFECTIVE DATE.—This section 
and the amendments made by it shall take effect upon 
the enactment of— 
(1) the Act contemplated in section 201 of H. 
Con. Res. 112 (112th Congress) that achieves at 
least the deficit reduction called for in such section 
for such periods; or 
(2) similar legislation that at least offsets the 
outlay reductions flowing from the budget authority 
reductions mandated by section 251A(7)(A) and 
251A(8) as it applies to direct spending in the de-
fense function for fiscal year 2013 of the Balanced 
Budget and Emergency Deficit Control Act of 1985, 
as in force immediately before the date of enactment 
of this Act, combined with the outlay reductions 
flowing 
from 
the 
amendment 
to 
section 
251A(7)(A)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 made by sub-
section (c), within five years of enactment. 
(b) REVISED
2013 DISCRETIONARY
SPENDING 
LIMIT.—Paragraph (2) of section 251(c) of the Balanced
652 
Budget and Emergency Deficit Control Act of 1985 is 
amended to read as follows: 
‘‘(2) with respect to fiscal year 2013, for the 
discretionary category, $1,047,000,000,000 in new 
budget authority;’’. 
(c) DISCRETIONARY SAVINGS.—Section 251A(7)(A) 
of the Balanced Budget and Emergency Deficit Control 
Act of 1985 is amended to read as follows: 
‘‘(A) FISCAL YEAR 2013.— 
‘‘(i) FISCAL
YEAR
2013
ADJUST-
MENT.—On January 2, 2013, the discre-
tionary category set forth in section 
251(c)(2) 
shall 
be 
decreased 
by 
$19,104,000,000 in budget authority. 
‘‘(ii) SUPPLEMENTAL SEQUESTRATION 
ORDER.—On January 15, 2013, OMB 
shall issue a supplemental sequestration 
report for fiscal year 2013 and take the 
form of a final sequestration report as set 
forth in section 254(f)(2) and using the 
procedures set forth in section 253(f), to 
eliminate 
any 
discretionary 
spending 
breach of the spending limit set forth in 
section 251(c)(2) as adjusted by clause (i),
653 
and the President shall order a sequestra-
tion, if any, as required by such report.’’. 
(d) ELIMINATION OF THE FISCAL YEAR 2013 SE-
QUESTRATION FOR DEFENSE DIRECT SPENDING.—Any 
sequestration order issued by the President under the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
to carry out reductions to direct spending for the defense 
function (050) for fiscal year 2013 pursuant to section 
251A of such Act shall have no force or effect. 
(e) REPORT.— 
(1) IN GENERAL.—Not later than August 15, 
2012, the Secretary of Defense shall submit to the 
Committees on Armed Services of the House of Rep-
resentatives and the Senate a detailed report on the 
impact of the sequestration of funds authorized and 
appropriated for Fiscal Year 2013 for the Depart-
ment of Defense, if automatically triggered on Janu-
ary 2, 2013, as required by section 251A of the Bal-
anced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 901a), as in effect immediately be-
fore the date of enactment of this Act. 
(2) CONTENTS
OF
REPORT.—The report re-
quired by this section shall include— 
(A) an assessment of the potential impact 
of sequestration on the readiness of the Armed
654 
Forces, including impacts to steaming hours, 
flying hours, full spectrum training miles, and 
all other readiness metrics; 
(B) an assessment of the impact on ability 
of the Department of Defense to carry out the 
National Military Strategy of the United States 
and any changes to the most recent Chairman’s 
Risk Assessment required by section 153 of 
title 10, United States Code; 
(C) a listing of the programs, projects, and 
activities across the military departments and 
components that would be reduced or termi-
nated as a result of automatically triggered 
cuts; 
(D) an estimate of the number and value 
of all contracts that will be terminated, restruc-
tured, or rescoped due to sequestration, includ-
ing an estimate of potential termination costs 
and increased contracts costs due to renegoti-
ation and reinstatement of the contract; and 
(E) an estimate of the number of civilian, 
contract, and uniformed personnel whose em-
ployment would be terminated due to sequestra-
tion, including the estimated cost to the De-
partment of executing such a drawdown.
655 
SEC. 1095. REPORT ON DEFENSE FORENSIC DATA. 
(a) REQUIREMENT.—The Director of the Defense 
Forensic Office within the Office of the Undersecretary 
of Defense for Acquisition, Technology, and Logistics may 
evaluate opportunities to increase the matching success 
rate when forensic data is collected during site exploitation 
to match forensic data stored in DNA databases. Among 
other items, the Defense Forensic Office may evaluate op-
portunities to assist other countries with moving forward 
with DNA database programs that require a defined cat-
egory of criminal offender to submit DNA to a foreign 
country’s national DNA database. 
(b) REPORT.—The Defense Forensic Office shall sub-
mit to the congressional defense committees a report con-
taining its findings and solutions no later than 120 days 
after the date of the enactment of this Act. 
SEC. 1096. DISPLAY OF STATE, DISTRICT OF COLUMBIA, 
AND 
TERRITORIAL 
FLAGS 
BY 
ARMED 
FORCES. 
Section 2249b of title 10, United States Code, is 
amended— 
(1) by adding at the end the following new sub-
section: 
‘‘(c) DISPLAY OF DISTRICT OF COLUMBIA AND TER-
RITORIAL FLAGS BY ARMED FORCES.—The Secretary of 
Defense shall ensure that whenever the official flags of
656 
all 50 States are displayed by the armed forces, such dis-
play shall include the flags of the District of Columbia, 
Commonwealth of Puerto Rico, United States Virgin Is-
lands, Guam, American Samoa, and Commonwealth of the 
Northern Mariana Islands.’’; and 
(2) in the section heading, by striking the colon 
and all that follows. 
SEC. 1097. DISSEMINATION ABROAD OF INFORMATION 
ABOUT THE UNITED STATES. 
(a) UNITED
STATES
INFORMATION
AND
EDU-
CATIONAL EXCHANGE ACT OF 1948.—Section 501 of the 
United States Information and Educational Exchange Act 
of 1948 (22 U.S.C. 1461) is amended to read as follows: 
‘‘GENERAL AUTHORIZATION 
‘‘SEC. 501. (a) The Secretary and the Broadcasting 
Board of Governors are authorized to use funds appro-
priated or otherwise made available for public diplomacy 
information programs to provide for the preparation, dis-
semination, and use of information intended for foreign 
audiences abroad about the United States, its people, and 
its policies, through press, publications, radio, motion pic-
tures, the Internet, and other information media, includ-
ing social media, and through information centers, in-
structors, and other direct or indirect means of commu-
nication.
657 
‘‘(b)(1) Except as provided in paragraph (2), the Sec-
retary and the Broadcasting Board of Governors may, 
upon request and reimbursement of the reasonable costs 
incurred in fulfilling such a request, make available, in the 
United States, motion pictures, films, video, audio, and 
other materials prepared for dissemination abroad or dis-
seminated abroad pursuant to this Act, the United States 
International Broadcasting Act of 1994 (22 U.S.C. 6201 
et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 
1465 et seq.), or the Television Broadcasting to Cuba Act 
(22 U.S.C. 1465aa et seq.). The Secretary and the Broad-
casting Board of Governors shall issue necessary regula-
tions— 
‘‘(A) to establish procedures to maintain such 
material; 
‘‘(B) for reimbursement of the reasonable costs 
incurred in fulfilling requests for such material; and 
‘‘(C) to ensure that the persons seeking release 
of such material have secured and paid for necessary 
United States rights and licenses. 
‘‘(2) With respect to material prepared for dissemina-
tion abroad or disseminated abroad before the effective 
date of the Smith-Mundt Modernization Act of 2012— 
‘‘(A) the Secretary and the Broadcasting Board 
of Governors shall make available to the Archivist of
658 
the United States, for domestic distribution, motion 
pictures, films, videotapes, and other material 12 
years after the initial dissemination of the material 
abroad; and 
‘‘(B) the Archivist shall be the official custodian 
of the material and shall issue necessary regulations 
to ensure that persons seeking its release in the 
United States have secured and paid for necessary 
United States rights and licenses and that all costs 
associated with the provision of the material by the 
Archivist shall be paid by the persons seeking its re-
lease, in accordance with paragraph (3). 
‘‘(3) The Archivist may charge fees to recover the 
costs described in paragraph (2), in accordance with sec-
tion 2116 (c) of title 44. Such fees shall be paid into, ad-
ministered, and expended as part of the National Archives 
Trust Fund. 
‘‘(c) Nothing in this section may be construed to re-
quire the Secretary or the Broadcasting Board of Gov-
ernors to make material disseminated abroad available in 
any format other than in the format disseminated 
abroad.’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to affect the allocation of funds ap-
659 
propriated or otherwise made specifically available for 
public diplomacy. 
(c) FOREIGN RELATIONS AUTHORIZATION ACT, FIS-
CAL YEARS 1986 AND 1987.—Section 208 of the Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987 
(22 U.S.C. 1461–1a) is amended to read as follows: 
‘‘SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF 
PROGRAM MATERIAL. 
‘‘(a) IN GENERAL.—No funds authorized to be ap-
propriated to the Department of State or the Broad-
casting Board of Governors shall be used to influence pub-
lic opinion in the United States. This section shall apply 
only to programs carried out pursuant to the United 
States Information and Educational Exchange Act of 
1948 (22 U.S.C. 1431 et seq.), the United States Inter-
national Broadcasting Act of 1994 (22 U.S.C. 6201 et 
seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 
1465 et seq.), and the Television Broadcasting to Cuba 
Act (22 U.S.C. 1465aa et seq.). This section shall not pro-
hibit or delay the Department of State or the Broad-
casting Board of Governors from providing information 
about its operations, policies, programs, or program mate-
rial, or making such available, to the media, public, or 
Congress, in accordance with other applicable law.
660 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit the Department of 
State or the Broadcasting Board of Governors from en-
gaging in any medium or form of communication, either 
directly or indirectly, because a United States domestic 
audience is or may be thereby exposed to program mate-
rial, or based on a presumption of such exposure. Such 
material may be made available within the United States 
and disseminated, when appropriate, pursuant to sections 
502 and 1005 of the United States Information and Edu-
cational Exchange Act of 1948 (22 U.S.C. 1462 and 
1437), except that nothing in this section may be con-
strued to authorize the Department of State or the Broad-
casting Board of Governors to disseminate within the 
United States any program material prepared for dissemi-
nation abroad on or before the effective date of the Smith- 
Mundt Modernization Act of 2012. 
‘‘(c) APPLICATION.—The provisions of this section 
shall apply only to the Department of State and the 
Broadcasting Board of Governors and to no other depart-
ment or agency of the Federal Government.’’. 
(d) 
CONFORMING
AMENDMENTS.—The 
United 
States Information and Educational Exchange Act of 
1948 is amended— 
(1) in section 502 (22 U.S.C. 1462)—
661 
(A) by inserting ‘‘and the Broadcasting 
Board of Governors’’ after ‘‘Secretary’’; and 
(B) by inserting ‘‘or the Broadcasting 
Board of Governors’’ after ‘‘Department’’; and 
(2) in section 1005 (22 U.S.C. 1437), by insert-
ing ‘‘and the Broadcasting Board of Governors’’ 
after ‘‘Secretary’’ each place it appears. 
(e) EFFECTIVE DATE.—This section shall take effect 
and apply on the date that is 180 days after the date of 
the enactment of this section. 
SEC. 1098. IMPROVING ORGANIZATION FOR COMPUTER 
NETWORK OPERATIONS. 
(a) CHARTER.—Not later than 180 days after the 
date of the enactment of this Act, the President shall sub-
mit to the congressional defense committees a charter to 
establish an interagency body or organization to coordi-
nate and deconflict full-spectrum military cyber operations 
for the Federal Government. 
(b) ELEMENTS.—The charter required under sub-
section (a) shall include— 
(1) business rules and processes for the func-
tioning of the body or organization established by 
such charter;
662 
(2) interagency guidance clarifying roles and re-
sponsibilities for full-spectrum military cyber oper-
ations; 
(3) clarification and defined membership for 
such body or organization; and 
(4) accommodation for documentation of the ac-
tivities of such body or organization, including min-
utes and historical archives. 
(c) REPORT.—Not later than 240 days after the date 
of the enactment of this Act, the President shall submit 
to the congressional defense committees a report outlining 
the charter required under subsection (a), and plans to 
ensure the implementation of such charter. 
(d) BUDGET JUSTIFICATION DOCUMENTS.—The Sec-
retary of Defense shall submit to the congressional defense 
committees dedicated budget documentation materials to 
accompany future budget submissions, including a single 
Depart of Defense-wide budget estimate and detailed 
budget planning data for full-spectrum military cyberspace 
operations (computer network defense, attack, and exploi-
tation) in both unclassified and classified funding data. 
SEC. 1099. IMPROVING UNITED STATES FOREIGN POLICE 
ASSISTANCE ACTIVITIES. 
(a) FINAL REPORT.—Not later than 60 days after 
the date of the enactment of this Act, the President shall
663 
submit to the relevant congressional committees the final 
report from the National Security Council’s Interagency 
Policy Committee on Security Sector Assistance. 
(b) PLAN.—Not later than 180 days after the date 
of the enactment of this Act, the Secretaries of Defense 
and State shall jointly submit to the relevant congressional 
committees a plan to institute mechanisms to better co-
ordinate, document, disseminate, and share information 
analysis and assessments regarding United States foreign 
police assistance activities. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘relevant congressional 
committees’’ means— 
(1) the Committee on Armed Services of the 
Senate and the House of Representatives; 
(2) the Committee on Oversight and Govern-
ment Reform of the House of Representatives; 
(3) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
(4) the Committee on Foreign Affairs of the 
House of Representatives; and 
(5) the Committee on Foreign Relations of the 
Senate.
664 
SEC. 1099A. SENSE OF CONGRESS REGARDING UNITED 
STATES NORTHERN COMMAND PREPARED-
NESS. 
It is the sense of the Congress that— 
(1) the United States Northern Command plays 
a crucial role in providing additional response capa-
bility to State and local governments in domestic 
disaster relief and consequence management oper-
ations; 
(2) the United States Northern Command must 
continue to build upon its current efforts to develop 
command strategies, leadership training, and re-
sponse plans to effectively work with civil authorities 
when acting as the lead agency or a supporting 
agency; and 
(3) the United States Northern Command 
should leverage whenever possible training and man-
agement expertise that resides within the Depart-
ment of Defense, other Federal agencies, State and 
local governments, and private sector businesses and 
academic institutions to enhance— 
(A) its defense support to civil authorities 
and incidence management missions; 
(B) relationships with other entities in-
volved in disaster response; and
665 
(C) its ability to respond to unforeseen 
events. 
SEC. 1099B. LIMITATION ON MILITARY MUSICAL UNITS. 
Amounts authorized to be appropriated pursuant to 
this Act for military musical units (as such term is defined 
in section 974 of title 10, United States Code) may not 
exceed $200,000,000. 
SEC. 1099C. REQUIREMENT FOR ATTORNEY GENERAL TO 
INVESTIGATE POSSIBLE VIOLATIONS OF FED-
ERAL LAW RELATED TO LEAKS OF SENSITIVE 
INFORMATION INVOLVING THE MILITARY, IN-
TELLIGENCE, AND OPERATIONAL CAPABILI-
TIES OF THE UNITED STATES AND ISRAEL. 
(a) INVESTIGATION REQUIRED.—Not later than 30 
days after the date of the enactment of this Act, the Attor-
ney General shall initiate an investigation into possible 
violations of Federal law related to leaks of sensitive infor-
mation involving the military, intelligence, and operational 
capabilities of the United States and Israel. 
(b) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, the Attorney General shall 
submit to Congress a report describing the status and 
progress of the investigation required under subsection 
(a).
666 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Subtitle A—General Provisions 
SEC. 1101. EXPANSION OF PERSONNEL MANAGEMENT AU-
THORITY UNDER EXPERIMENTAL PROGRAM 
WITH RESPECT TO CERTAIN SCIENTIFIC AND 
TECHNICAL POSITIONS. 
Subparagraph (A) of section 1101(b)(1) of the Strom 
Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (5 U.S.C. 3104 note), as most recently amend-
ed by section 1110 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1615), is further amended by striking ‘‘40’’ and inserting 
‘‘60’’. 
SEC. 1102. AUTHORITY TO PAY FOR THE TRANSPORT OF 
FAMILY HOUSEHOLD PETS FOR FEDERAL EM-
PLOYEES DURING CERTAIN EVACUATION OP-
ERATIONS. 
Section 5725 of title 5, United States Code, is 
amended— 
(1) in subsection (a), in the matter following 
paragraph (2), by striking ‘‘and personal effects,’’ 
and inserting ‘‘, personal effects, and family house-
hold pets,’’; and 
(2) by adding at the end the following:
667 
‘‘(c)(1) The expenses authorized under subsection (a) 
shall, with respect to the transport of family household 
pets, include the expenses for the shipment of and the pay-
ment of any quarantine costs for such pets. 
‘‘(2) Any payment or reimbursement under this sec-
tion in connection with the transport of family household 
pets shall be subject to terms and conditions which— 
‘‘(A) the head of the agency shall by regulation 
prescribe; and 
‘‘(B) shall, to the extent practicable, be the 
same as would apply under regulations prescribed 
under section 476(b)(1)(H)(iii) of title 37 in connec-
tion with the transport of family household pets of 
members of the uniformed services, including regula-
tions relating to the types, size, and number of pets 
for which such payment or reimbursement may be 
provided.’’. 
SEC. 1103. EXTENSION OF AUTHORITY TO FILL SHORTAGE 
CATEGORY POSITIONS FOR CERTAIN FED-
ERAL ACQUISITION POSITIONS FOR CIVILIAN 
AGENCIES. 
Section 1703(j) of title 41, United States Code, is 
amended— 
(1) in paragraph (1)—
668 
(A) by striking ‘‘sections 3304, 5333, and 
5753’’ and inserting ‘‘section 3304’’; and 
(B) by striking ‘‘use the authorities in 
those sections to recruit and’’; and 
(2) in paragraph (2), by striking ‘‘September 
30, 2012’’ and inserting ‘‘September 30, 2017’’. 
SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
ANNUAL LIMITATION ON PREMIUM PAY AND 
AGGREGATE LIMITATION ON PAY FOR FED-
ERAL CIVILIAN EMPLOYEES WORKING OVER-
SEAS. 
Effective January 1, 2013, section 1101(a) of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), 
as most recently amended by section 1104 of the National 
Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1612), is further amended by 
striking ‘‘through 2012’’ and inserting ‘‘through 2013’’. 
SEC. 1105. POLICY ON SENIOR MENTORS. 
(a) IN GENERAL.—The Secretary of Defense shall 
provide written notice to the congressional defense com-
mittees at least 60 days before implementing any change 
in the policy regarding senior mentors issued on or about 
April 1, 2010.
669 
(b) APPLICABILITY.—Changes implemented before 
the date of the enactment of this Act shall not be affected 
by this section. 
Subtitle B—Interagency Personnel 
Rotations 
SEC. 1111. INTERAGENCY PERSONNEL ROTATIONS. 
(a) SHORT TITLE.—This subtitle may be cited as the 
‘‘Interagency Personnel Rotation Act of 2012’’. 
(b) DEFINITIONS.—In this subtitle: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term ‘‘Executive agency’’ under 
section 105 of title 5, United States Code. 
(2) 
COMMITTEE.—The 
term 
‘‘Committee’’ 
means the Committee on National Security Per-
sonnel established under subsection (c)(1). 
(3) COVERED
AGENCY.—The term ‘‘covered 
agency’’ means an agency that is part of an ICI. 
(4) ICI.—The term ‘‘ICI’’ means a National 
Security Interagency Community of Interest identi-
fied by the Committee under subsection (d)(1). 
(5) ICI POSITION.—The term ‘‘ICI position’’— 
(A) means— 
(i) a position that— 
(I) is identified by the head of a 
covered agency as a position within
670 
the covered agency that has signifi-
cant responsibility for the subject area 
of the ICI in which the position is lo-
cated and for activities that involve 
more than 1 agency; 
(II) is in the civil service (as de-
fined in section 2101(1) of title 5, 
United States Code) in the executive 
branch of the Government (including 
a position in the Foreign Service) at 
or above GS–11 of the General Sched-
ule or at a level of responsibility com-
parable to a position at or above GS– 
11 of the General Schedule; and 
(III) is within an ICI; or 
(ii) a position in an interagency body 
identified as an ICI position under sub-
section (d)(3)(B)(i); and 
(B) shall not include— 
(i) any position described under para-
graph (10)(A) or (C); or 
(ii) any position filled by an employee 
described under paragraph (10)(B). 
(6) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given
671 
under section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)). 
(7) INTERAGENCY
BODY.—The term ‘‘inter-
agency body’’ means an entity or component identi-
fied under subsection (d)(3)(A). 
(8) INTERAGENCY ROTATIONAL SERVICE.—The 
term ‘‘interagency rotational service’’ means service 
by an employee in— 
(A) an ICI position that is— 
(i) in— 
(I) a covered agency other than 
the covered agency employing the em-
ployee; or 
(II) an interagency body, without 
regard to whether the employee is em-
ployed by the agency in which the 
interagency body is located; and 
(ii) the same ICI as the position in 
which the employee serves or has served 
before serving in that ICI position; or 
(B) a position in an interagency body iden-
tified under subsection (d)(3)(B)(ii). 
(9) NATIONAL
SECURITY
INTERAGENCY
COM-
MUNITY OF INTEREST.—The term ‘‘National Secu-
rity Interagency Community of Interest’’ means the
672 
positions in the executive branch of the Government 
that— 
(A) as a group are positions within mul-
tiple agencies of the executive branch of the 
Government; and 
(B) have significant responsibility for the 
same substantive, functional, or regional subject 
area related to national security or homeland 
security that requires integration of the posi-
tions and activities in that area across multiple 
agencies to ensure that the executive branch of 
the Government operates as a single, cohesive 
enterprise to maximize mission success and 
minimize cost. 
(10) POLITICAL APPOINTEE.—The term ‘‘polit-
ical appointee’’ means an individual who— 
(A) is employed in a position described 
under sections 5312 through 5316 of title 5, 
United States Code (relating to the Executive 
Schedule); 
(B) is a noncareer appointee in the Senior 
Executive Service, as defined under section 
3132(a)(7) of title 5, United States Code; or 
(C) is employed in a position in the execu-
tive branch of the Government of a confidential
673 
or policy-determining character under schedule 
C of subpart C of part 213 of title 5 of the 
Code of Federal Regulations. 
(11) SENIOR POSITION.—The term ‘‘senior po-
sition’’ means— 
(A) a Senior Executive Service position, as 
defined in section 3132(a)(2) of title 5, United 
States Code; 
(B) a position in the Senior Foreign Serv-
ice established under the Foreign Service Act of 
1980 (22 U.S.C. 3901 et seq.); 
(C) a position in the Federal Bureau of In-
vestigation and Drug Enforcement Administra-
tion Senior Executive Service established under 
section 3151 of title 5, United States Code; 
(D) a position filled by a limited term ap-
pointee or limited emergency appointee in the 
Senior Executive Service, as defined under 
paragraphs (5) and (6), respectively, of section 
3132(a) of title 5, United States Code; and 
(E) any other equivalent position identified 
by the Committee. 
(c) COMMITTEE
ON
NATIONAL
SECURITY
PER-
SONNEL.—
674 
(1) ESTABLISHMENT.—There is established the 
Committee on National Security Personnel within 
the Executive Office of the President. 
(2) MEMBERSHIP.—The members of the Com-
mittee shall be the Director of the Office of Manage-
ment and Budget, the Director of the Office of Per-
sonnel Management, and the Assistant to the Presi-
dent for National Security Affairs. 
(3) CHAIRPERSON.—The Director of the Office 
of Management and Budget shall be the Chairperson 
of the Committee. 
(4) FUNCTIONS.— 
(A) IN
GENERAL.—The Committee shall 
perform the functions as provided under this 
subtitle to implement this subtitle and shall 
validate the actions taken by the heads of cov-
ered agencies to implement the directives issued 
and meet the standards established under sub-
paragraph (B). 
(B) DIRECTIVES AND STANDARDS.— 
(i) IN
GENERAL.—In consultation 
with the Director of the Office of Per-
sonnel Management and the Assistant to 
the President for National Security Af-
fairs, the Director of the Office of Manage-
675 
ment and Budget shall issue directives and 
establish standards relating to the imple-
mentation of this subtitle. 
(ii) USE
BY
COVERED
AGENCIES.— 
The head of each covered agency shall 
carry out the responsibilities under this 
subtitle in accordance with the directives 
issued and standards established by the 
Director of the Office of Management and 
Budget. 
(5) SUPPORT AND IMPLEMENTATION.— 
(A) BOARD.—There is established to assist 
the Committee a board, the members of which 
shall be appointed— 
(i) in accordance with subparagraph 
(B); and 
(ii) from among individuals holding an 
office or position in level III of the Execu-
tive Schedule. 
(B) APPOINTMENTS.—Members of the 
board shall be appointed as follows: 
(i) One by the Secretary of State. 
(ii) One by the Secretary of Defense. 
(iii) One by the Secretary of Home-
land Security.
676 
(iv) One by the Attorney General. 
(v) One by the Secretary of the Treas-
ury. 
(vi) One by the Secretary of Energy. 
(vii) One by the Secretary of Health 
and Human Services. 
(viii) One by the Secretary of Com-
merce. 
(ix) One by the head of any other 
agency (or, if more than 1, by each of the 
respective heads of any other agencies) de-
termined appropriate by the Committee. 
As used in clause (ix), the term ‘‘agency’’ does 
not include any element of the intelligence com-
munity. 
(C) CHIEF
HUMAN
CAPITAL
OFFICERS 
COUNCIL.—The Chief Human Capital Officers 
Council shall provide advice to the Committee 
regarding technical human capital issues. 
(D) COVERED AGENCY OFFICIALS.— 
(i) IN GENERAL.—The head of each 
covered agency shall designate an officer 
and office within that covered agency with 
responsibility for the implementation of 
this subtitle.
677 
(ii) EXISTING OFFICES.—If an officer 
or office of a covered agency is designated 
as the officer or office within the covered 
agency with responsibility for the imple-
mentation of Executive Order No. 13434 
for the covered agency on the date of en-
actment of this Act, the head of the cov-
ered agency shall designate the officer or 
office as the officer or office within the 
covered agency with responsibility for the 
implementation of this subtitle. 
(E) STAFF.— 
(i) IN GENERAL.—Not more than 3 
full-time employees (or the equivalent) may 
be hired to assist the Committee in the im-
plementation of this subtitle. Each em-
ployee so hired shall be selected from 
among individuals serving in the Office of 
Management and Budget, the Office of 
Personnel Management, or any other agen-
cy. 
(ii) FUNDING.— 
(I) AUTHORIZATION
OF
APPRO-
PRIATIONS.—There are authorized to 
be appropriated for each of fiscal
678 
years 2013 through 2017 to carry out 
clause (i) an amount equal to the 
amount expended for salaries and ex-
penses of the National Security Pro-
fessional Development Integration Of-
fice during fiscal year 2012. 
(II) OFFSET.— 
(aa) IN
GENERAL.—Except 
as 
provided 
in 
subparagraph 
(D)(ii), effective on the date of 
enactment of this Act, the Na-
tional Security Professional De-
velopment Integration Office of 
the Department of Defense is 
terminated and, on and after the 
date of enactment of this Act, 
the Secretary of Defense may not 
establish a comparable office to 
implement Executive Order No. 
13434 or to design, administer, 
or report on the creation of a na-
tional security professional devel-
opment system, cadre of national 
security professionals, or any per-
sonnel rotations, education, or
679 
training for individuals involved 
in interagency activities or who 
are 
national 
security 
profes-
sionals who are not employed by 
the 
Department 
of 
Defense. 
Nothing in this item shall be con-
strued to prohibit the Secretary 
of Defense from establishing or 
designating an office to admin-
ister interagency rotations by, or 
the interagency activities of, em-
ployees of the Department of De-
fense. 
(bb) TRANSFER
OF
FUNC-
TIONS.—Effective on the date of 
enactment of this Act, there are 
transferred to the Office of Man-
agement and Budget or the Of-
fice of Personnel Management, as 
determined appropriate by the 
Committee, the functions of the 
National Security Professional 
Development Integration Office 
of the Department of Defense.
680 
(cc) FUNDS.—Effective on 
the date of enactment of this 
Act, all unobligated balances 
made available for the activities 
of the National Security Profes-
sional Development Integration 
Office of the Department of De-
fense are rescinded. 
(d) NATIONAL SECURITY INTERAGENCY COMMU-
NITIES OF INTEREST.— 
(1) IDENTIFICATION OF ICIS.—Subject to sub-
section (g), the Committee— 
(A) shall identify ICIs on an ongoing basis 
for purposes of carrying out this subtitle; and 
(B) may alter or discontinue an ICI identi-
fied under subparagraph (A). 
(2) IDENTIFICATION
OF
ICI
POSITIONS.—The 
head of each covered agency shall identify ICI posi-
tions within the covered agency. 
(3) INTERAGENCY BODIES.— 
(A) IDENTIFICATION.— 
(i) IN
GENERAL.—The Committee 
shall identify— 
(I) entities in the executive 
branch of the Government that are
681 
primarily involved in interagency ac-
tivities relating to national security or 
homeland security; and 
(II) components of agencies that 
are primarily involved in interagency 
activities relating to national security 
or homeland security and have a mis-
sion distinct from the agency within 
which the component is located. 
(ii) CERTAIN BODIES.— 
(I) IN
GENERAL.—The Com-
mittee shall identify the National Se-
curity Council as an interagency body 
under this subparagraph. 
(II) 
FBI 
ROTATIONS.—Joint 
Terrorism Task Forces shall not be 
considered interagency bodies for pur-
poses of service by employees of the 
Federal Bureau of Investigation. 
(iii) DUTIES OF HEAD OF COVERED 
AGENCY.—The Committee shall designate 
the Federal officer who shall perform the 
duties of the head of a covered agency re-
lating to ICI positions within an inter-
agency body.
682 
(B) POSITIONS
IN
INTERAGENCY
BOD-
IES.—The officials designated under subpara-
graph (A)(iii) shall identify— 
(i) positions within their respective 
interagency bodies that are ICI positions; 
and 
(ii) positions within their respective 
interagency bodies— 
(I) that are not a position de-
scribed under subsection (b)(10)(A) or 
(C) or a position filled by an employee 
described 
under 
subsection 
(b)(10)(B); and 
(II) for which service in the posi-
tion shall constitute interagency rota-
tional service. 
(e) INTERAGENCY COMMUNITY OF INTEREST ROTA-
TIONAL SERVICE.— 
(1) EXCLUSION
OF
SENIOR
POSITIONS.—For 
purposes of this subsection, the term ‘‘ICI position’’ 
does not include a senior position. 
(2) ROTATIONS.— 
(A) IN
GENERAL.—The Committee shall 
provide for employees serving in an ICI position
683 
to be assigned on a rotational basis to another 
ICI position that is— 
(i) within another covered agency or 
within an interagency body; and 
(ii) within the same ICI. 
(B) EXCEPTION.—An employee may be as-
signed to an ICI position in another covered 
agency or in an interagency body that is not in 
the ICI applicable to an ICI position in which 
the employee serves or has served if— 
(i) the employee has particular non-
governmental or other expertise or skills 
that are relevant to the assigned ICI posi-
tion; and 
(ii) the head of the covered agency 
employing the employee, the head of the 
covered agency to which the assignment is 
made, and the Committee approve the as-
signment. 
(C) NONREIMBURSABLE
BASIS.—Service 
by an employee in an ICI position in another 
covered agency or in an interagency body that 
is not within the agency employing the em-
ployee shall be performed without reimburse-
ment.
684 
(D) RETURN TO PRIOR POSITION.—Except 
as otherwise provided by the Committee, an em-
ployee performing service in an ICI position in 
another covered agency or interagency body or 
in a position designated under subsection 
(d)(3)(B)(ii) shall be entitled to return, within 
a reasonable period of time after the end of the 
period of service, to the position held by the 
employee, or a corresponding or higher position 
(or, in the case of an employee in the Foreign 
Service, as defined in section 102(11) of the 
Foreign Service Act of 1980 (22 U.S.C. 
3902(11)), a position in the same or a higher 
personnel category), in the covered agency em-
ploying the employee. 
(3) SELECTION OF ICI POSITIONS OPEN FOR 
ROTATIONAL SERVICE.— 
(A) IN GENERAL.—The head of each cov-
ered agency shall determine which ICI positions 
in the covered agency shall be available for 
service by employees from another covered 
agency and may modify a determination under 
this subparagraph. 
(B) LIST.—The Committee shall maintain 
a single, integrated list of ICI positions and of
685 
positions available for service by employees 
from another covered agency under this sub-
section and shall make the list available to Fed-
eral employees on an ongoing basis in order to 
facilitate applications for the positions and 
long-term career planning by employees of the 
executive branch of the Government, except to 
the extent that the Committee determines that 
the identity of certain positions should not be 
distributed in order to protect national security 
or homeland security. 
(4) MINIMUM PERIOD OF SERVICE.—With re-
spect to the period of service in an ICI position in 
another covered agency or interagency body, the 
Committee— 
(A) shall, notwithstanding any other provi-
sion of law, ensure that the period of service is 
sufficient to gain an adequately detailed under-
standing and perspective of the covered agency 
or interagency body at which the employee is 
assigned; 
(B) may provide for different periods of 
service, depending upon the nature of the posi-
tion, including whether the position is in an 
area that is a combat zone for purposes of sec-
686 
tion 112 of the Internal Revenue Code of 1986; 
and 
(C) shall require that an employee per-
forming service in an ICI position in another 
covered agency or interagency body is informed 
of the period of service for the position before 
beginning such service. 
(5) VOLUNTARY NATURE OF ROTATIONAL SERV-
ICE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), service in an ICI position in 
another covered agency or interagency body 
shall be voluntary on the part of the employee. 
(B) AUTHORITY
TO
ASSIGN
INVOLUN-
TARILY.—If the head of a covered agency has 
the authority under another provision of law to 
assign an employee involuntarily to a position 
and the employee is serving in an ICI position, 
the head of the covered agency may assign the 
employee involuntarily to serve in an ICI posi-
tion in another covered agency or interagency 
body. 
(6) TRAINING AND EDUCATION OF PERSONNEL 
PERFORMING
INTERAGENCY
ROTATIONAL
SERV-
ICE.—Each employee performing interagency rota-
687 
tional service shall participate in the training and 
education, if any, that is regularly provided to new 
employees by the covered agency or interagency body 
in which the employee is serving in order to learn 
how the covered agency or interagency body func-
tions. 
(7) PREVENTION
OF
NEED
FOR
INCREASED 
PERSONNEL LEVELS.—The Committee shall ensure 
that employees are rotated across covered agencies 
and interagency bodies within an ICI in a manner 
that ensures that, for the original ICI positions of 
all employees performing service in an ICI position 
in another covered agency or interagency body— 
(A) employees from another covered agen-
cy or interagency body who are performing 
service in an ICI position in another covered 
agency or interagency body, or other available 
employees, begin service in such original posi-
tions within a reasonable period, at no addi-
tional cost to the covered agency or the inter-
agency body in which such original positions are 
located; or 
(B) other employees do not need to serve 
in the positions in order to maintain the effec-
tiveness of or to prevent any costs being ac-
688 
crued by the covered agency or interagency 
body in which such original positions are lo-
cated. 
(8) OPEN AND FAIR COMPETITION.—Each cov-
ered agency or interagency body that has an ICI po-
sition available for service by an employee from an-
other covered agency shall coordinate with the Office 
of Personnel Management to ensure that employees 
of covered agencies selected to perform interagency 
rotational service shall be selected in a fully open 
and competitive manner that is consistent with the 
merit system principles set forth in paragraphs (1) 
and (2) of section 2301(b) of title 5, United States 
Code, unless the ICI position is otherwise exempt 
under another provision of law. 
(9) PERSONNEL LAW MATTERS.— 
(A) NATIONAL
SECURITY
EXCLUSION.— 
The identification of a position as available for 
service by an employee of another covered agen-
cy or as being within an ICI shall not be a basis 
for an order under section 7103(b) of title 5, 
United States Code, excluding the covered 
agency, or a subdivision thereof, in which the 
position is located from the applicability of 
chapter 71 of such title.
689 
(B) ON
ROTATION.—An employee per-
forming interagency rotational service shall 
have all the rights that would be available to 
the employee if the employee were detailed or 
assigned under a provision of law other than 
this subtitle from the agency employing the em-
ployee to the agency in which the ICI position 
in which the employee is serving is located. 
(10) CONSULTATION.—The Committee shall 
consult with relevant associations, unions, and other 
groups involved in collective bargaining or encour-
aging public service, organizational reform of the 
Government, or interagency activities (such as the 
Simons Center for the Study of Interagency Co-
operation of the Command and General Staff Col-
lege Foundation) in formulating and implementing 
policies under this subtitle. 
(11) OFFICERS OF THE ARMED FORCES.—The 
policies, procedures, and practices for the manage-
ment of officers of the Armed Forces may provide 
for the assignment of officers of the Armed Forces 
to ICI positions or positions designated under sub-
section (d)(3)(B)(ii). 
(12) PERFORMANCE
APPRAISALS.—The Com-
mittee shall—
690 
(A) ensure that an employee receives per-
formance evaluations that are based primarily 
on the contribution of the employee to the work 
of the covered agency in which the employee is 
performing service in an ICI position in another 
covered agency or interagency body and the 
functioning of the applicable ICI; and 
(B) require that— 
(i) officials at the covered agency em-
ploying the employee conduct the evalua-
tions based on input from the supervisors 
of the employee during service in an ICI 
position in another covered agency or 
interagency body; and 
(ii) the evaluations shall be provided 
the same weight in the receipt of pro-
motions and other rewards by the employee 
from the covered agency employing the em-
ployee as performance evaluations receive 
for other employees of the covered agency. 
(f) SELECTION OF SENIOR POSITIONS IN AN INTER-
AGENCY COMMUNITY OF INTEREST.— 
(1) SELECTION OF INDIVIDUALS TO FILL SEN-
IOR POSITIONS WITHIN AN ICI.—In selecting individ-
uals to fill senior positions within an ICI, the head
691 
of a covered agency shall ensure that a strong pref-
erence is given to personnel who have performed 
interagency rotational service. 
(2) ESTABLISHMENT BY HEADS OF COVERED 
AGENCIES OF MINIMUM THRESHOLDS.— 
(A) IN GENERAL.—On October 1 of the 
2nd fiscal year after the fiscal year in which the 
Committee identifies an ICI, and October 1 of 
each fiscal year thereafter, the head of each 
covered agency within which 1 or more posi-
tions within that ICI are located shall establish 
the minimum number of that agency’s senior 
positions that are within that ICI that shall be 
filled by personnel who have performed inter-
agency rotational service. 
(B) REPORTING REQUIREMENTS.— 
(i) 
MINIMUM
NUMBER
OF
POSI-
TIONS.—Not later than 30 days after the 
date on which all heads of covered agencies 
have established the minimum number re-
quired under subparagraph (A) for a fiscal 
year, the Committee shall submit to Con-
gress a consolidated list of the minimum 
numbers of senior positions that shall be
692 
filled by personnel who have performed 
interagency rotational service. 
(ii) FAILURE TO MEET MINIMUM NUM-
BER.—Not later than 30 days after the 
end of any fiscal year in which a covered 
agency fails to meet the minimum number 
of senior positions to be filled by individ-
uals who have performed interagency rota-
tional service established by the head of 
the covered agency under subparagraph 
(A), the head of the covered agency shall 
submit to the Committee and Congress a 
report identifying the failure and indi-
cating what actions the head of the covered 
agency has taken or plans to take in re-
sponse to the failure. 
(3) OTHER ROTATIONAL REQUIREMENTS.— 
(A) CREDIT
FOR
SERVICE
IN
ANOTHER 
COMPONENT WITHIN AN AGENCY.—Service per-
formed during the first 3 fiscal years after the 
fiscal year in which an ICI is identified by the 
Committee by an employee in a rotation to an 
ICI position in another component of the cov-
ered agency that employs the employee that is 
identified under subparagraph (B) shall con-
693 
stitute interagency rotational service for pur-
poses of this section. 
(B) IDENTIFICATION OF COMPONENTS.— 
Subject to approval by the Committee, the head 
of a covered agency may identify the compo-
nents of the covered agency that are sufficiently 
independent in functionality for service in a ro-
tation in the component to qualify as service in 
another component of the covered agency for 
purposes of subparagraph (A). 
(g) IMPLEMENTATION.— 
(1) ICIS AND ICI POSITIONS.— 
(A) IN
GENERAL.—During each of the 
first 4 fiscal years after the fiscal year in which 
this Act is enacted— 
(i) there shall be 2 ICIs, which shall 
be an ICI for emergency management and 
an ICI for stabilization and reconstruction; 
and 
(ii) not less than 20 employees and 
not more than 25 employees in the execu-
tive branch of the Government shall per-
form service in an ICI position in another 
covered agency or in an interagency body
694 
that is not within the agency employing 
the employee under this subtitle. 
(B) LOCATION.— 
(i) IN
GENERAL.—The Committee 
shall designate a metropolitan area in 
which the ICI for emergency management 
will be located and a metropolitan area in 
which the ICI for stabilization and recon-
struction will be located. 
(ii) SERVICE.—During the first 4 fis-
cal years after the fiscal year in which this 
Act is enacted, any service in an ICI posi-
tion in another covered agency or in an 
interagency body that is not within the 
agency employing the employee shall be 
performed— 
(I) by an employee who is located 
in a metropolitan area for the ICI 
designated under clause (i) before be-
ginning service in the ICI position; 
and 
(II) at a location in a metropoli-
tan area for the ICI designated under 
clause (i).
695 
(2) PRIORITY FOR DETAILS.—During the first 
4 fiscal years after the fiscal year in which this Act 
is enacted, a covered agency shall give priority in 
using amounts available to the covered agency for 
details to assigning employees on a rotational basis 
under this subtitle. 
(h) STRATEGY AND PERFORMANCE EVALUATION.— 
(1) ISSUING OF STRATEGY.— 
(A) IN GENERAL.—Not later than October 
1 of the 3rd fiscal year after the fiscal year in 
which this Act is enacted, and every 4 fiscal 
years thereafter through the 11th fiscal year 
after the fiscal year in which this Act is en-
acted, the Committee shall issue a National Se-
curity Human Capital Strategy to develop the 
national security and homeland security per-
sonnel necessary for accomplishing national se-
curity and homeland security objectives that re-
quire integration of personnel and activities 
from multiple agencies of the executive branch 
of the Government. 
(B) CONSULTATIONS WITH CONGRESS.—In 
developing or making adjustments to the Na-
tional Security Human Capital Strategy issued 
under subparagraph (A), the Committee—
696 
(i) shall consult at least annually with 
Congress, including majority and minority 
views from all appropriate authorizing, ap-
propriations, and oversight committees; 
and 
(ii) as the Committee determines ap-
propriate, shall solicit and consider the 
views and suggestions of entities poten-
tially affected by or interested in the strat-
egy. 
(C) CONTENTS OF STRATEGY.—Each Na-
tional Security Human Capital Strategy issued 
under subparagraph (A) shall— 
(i) provide for the implementation of 
this subtitle; 
(ii) identify best practices from ICIs 
already in operation; 
(iii) identify any additional ICIs to be 
identified by the Committee; 
(iv) 
include 
a 
schedule 
for 
the 
issuance of directives and establishment of 
standards relating to the requirements 
under this subtitle by the Committee; 
(v) include a description of how the 
strategy incorporates views and sugges-
697 
tions obtained through the consultations 
with Congress required under subpara-
graph (B); 
(vi) include an assessment of perform-
ance measures over a multi-year period, 
such as— 
(I) the percentage of ICI posi-
tions available for service by employ-
ees from another covered agency for 
which such employees performed such 
service; 
(II) the number of personnel par-
ticipating in interagency rotational 
service in each covered agency and 
interagency body; 
(III) the length of interagency 
rotational service under this subtitle; 
(IV) reports by the heads of cov-
ered agencies submitted under sub-
section (f)(2)(B)(ii); 
(V) the training and education of 
personnel who perform interagency ro-
tational service, and the evaluation by 
the Committee of the training and 
education;
698 
(VI) 
the 
positions 
(including 
grade level) held by employees who 
perform interagency rotational service 
during the period beginning on the 
date on which the interagency rota-
tional service terminates and ending 
on the date of the assessment; and 
(VII) to the extent possible, the 
evaluation of the Committee of the 
utility of interagency rotational service 
in improving interagency integration. 
(2) REPORTS.—Not later than October 1 of the 
2nd fiscal year after a fiscal year in which the Com-
mittee issues a National Security Human Capital 
Strategy under paragraph (1), the Committee shall 
assess the performance measures described in para-
graph (1)(C)(vi). 
(3) SUBMISSION TO CONGRESS.—Not later than 
30 days after the date on which the Committee 
issues a National Security Human Capital Strategy 
under paragraph (1) or assesses performance meas-
ures under paragraph (2), the Committee shall sub-
mit the strategy or assessment to Congress. 
(i) GAO STUDY
OF INTERAGENCY ROTATIONAL 
SERVICE.—Not later than the end of the 2nd fiscal year
699 
after the fiscal year in which this Act is enacted, the 
Comptroller General of the United States shall submit to 
Congress a report regarding— 
(1) the extent to which performing service in an 
ICI position in another covered agency or an inter-
agency body under this subtitle enabled the employ-
ees performing the service to gain an adequately de-
tailed understanding of and perspective on the cov-
ered agency or interagency body, including an as-
sessment of the effect of— 
(A) the period of service; and 
(B) the duties performed by the employees 
during the service; 
(2) the effectiveness of the Committee and the 
staff of the Committee funded under subsection 
(c)(5)(E)(ii) in overseeing and managing interagency 
rotational service under this subtitle, including an 
evaluation of any directives or standards issued by 
the Committee; 
(3) the participation of covered agencies in 
interagency rotational service under this subtitle, in-
cluding whether each covered agency that performs 
a mission relating to an ICI in effect— 
(A) identified positions within the covered 
agency as ICI positions;
700 
(B) had 1 or more employees from another 
covered agency perform service in an ICI posi-
tion in the covered agency; or 
(C) had 1 or more employees of the cov-
ered agency perform service in an ICI position 
in another covered agency; 
(4) the positions (including grade level) held by 
employees after completing interagency rotational 
service under this subtitle, and the extent to which 
the employees were rewarded for the service; and 
(5) the extent to which or likelihood that inter-
agency rotational service under this subtitle has im-
proved or is expected to improve interagency inte-
gration. 
(j) PROHIBITION
OF
PRINTED
REPORTS.—Each 
strategy, plan, report, or other submission required under 
this subtitle— 
(1) shall be made available by the agency 
issuing the strategy, plan, report, or other submis-
sion only in electronic form; and 
(2) shall not be made available by the agency 
in printed form. 
(k) EXCLUSION.—This subtitle shall not apply to any 
element of the intelligence community.
701 
TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS 
Subtitle A—Assistance and 
Training 
SEC. 1201. COMMANDERS’ EMERGENCY RESPONSE PRO-
GRAM IN AFGHANISTAN. 
(a) AUTHORITY
FOR FISCAL YEAR 2013.—Sub-
section (a) of section 1201 of the National Defense Au-
thorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1619) is amended— 
(1) in the heading, by striking ‘‘FISCAL YEAR 
2012’’ and inserting ‘‘FISCAL YEAR 2013’’; and 
(2) by striking ‘‘fiscal year 2012’’ and inserting 
‘‘fiscal year 2013’’. 
(b) QUARTERLY REPORTS.—Subsection (b)(1) of 
such section is amended by striking ‘‘fiscal year 2012’’ 
and inserting ‘‘fiscal year 2013’’. 
(c) EXTENSION OF AUTHORITY TO ACCEPT CON-
TRIBUTIONS.—Subsection (f) of such section is amended 
by striking ‘‘in fiscal year 2012’’ and inserting ‘‘during 
any period during which the authority of subsection (a) 
is in effect’’.
702 
SEC. 1202. MODIFICATION OF AUTHORITIES RELATING TO 
PROGRAM TO BUILD THE CAPACITY OF FOR-
EIGN MILITARY FORCES. 
(a) AUTHORIZED ELEMENTS.—Section 1206(b)(1) of 
the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3457), as amended 
by the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 
2418), is further amended by striking ‘‘equipment, sup-
plies and training’’ and inserting ‘‘equipment, supplies, 
training, and small-scale military construction activities’’. 
(b) USE OF FUNDS FOR FISCAL YEAR 2013.—Sub-
section (c) of such section, as most recently amended by 
section 1204(a) of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1621), is further amended by adding at the end the fol-
lowing: 
‘‘(6) USE OF FUNDS FOR FISCAL YEAR 2013.— 
‘‘(A) LIMITATION ON SMALL-SCALE MILI-
TARY CONSTRUCTION ACTIVITIES.—Of amounts 
available under this subsection for the authority 
in subsection (a) for fiscal year 2013— 
‘‘(i) not more than $750,000 may be 
obligated or expended for small-scale mili-
tary construction activities (as described in
703 
subsection (b)(1)) under a program au-
thorized under subsection (a); and 
‘‘(ii) not more than $25,000,000 may 
be obligated or expended for small-scale 
military construction activities (as de-
scribed in subsection (b)(1)) under all pro-
grams authorized under subsection (a). 
‘‘(B) AVAILABILITY OF FUNDS FOR PRO-
GRAMS DURING FISCAL YEAR 2014.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), not more than 20 percent of amounts 
available under this subsection for the au-
thority in subsection (a) for fiscal year 
2013 may be obligated and expended to 
conduct or support a program authorized 
under subsection (a) during fiscal year 
2014. 
‘‘(ii) NOTIFICATION.—Whenever the 
Secretary of Defense decides, with the con-
currence of the Secretary of State, to con-
duct or support a program authorized 
under subsection (a) during fiscal year 
2014 using amounts described in clause 
(i), the Secretary of Defense shall submit 
to the congressional committees specified
704 
in paragraph (3) of subsection (e) a notifi-
cation in writing of that decision in accord-
ance with such subsection by not later 
than September 30, 2013.’’. 
SEC. 1203. THREE-YEAR EXTENSION OF AUTHORITY FOR 
NON-RECIPROCAL EXCHANGES OF DEFENSE 
PERSONNEL BETWEEN THE UNITED STATES 
AND FOREIGN COUNTRIES. 
Section 1207(f) of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2514; 10 U.S.C. 168 note) is amended by striking 
‘‘September 30, 2012’’ and inserting ‘‘September 30, 
2015’’. 
Subtitle B—Matters Relating to 
Iraq, Afghanistan, and Pakistan 
SEC. 1211. ONE-YEAR EXTENSION OF AUTHORITY FOR RE-
IMBURSEMENT OF CERTAIN COALITION NA-
TIONS FOR SUPPORT PROVIDED TO UNITED 
STATES MILITARY OPERATIONS. 
(a) EXTENSION.—Subsection (a) of section 1233 of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 393), as most re-
cently amended by section 1213 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1630), is further amended—
705 
(1) by striking ‘‘fiscal year 2012’’ and inserting 
‘‘fiscal year 2013’’; and 
(2) by striking ‘‘Operation Iraqi Freedom or’’. 
(b) LIMITATION
ON AMOUNT AVAILABLE.—Sub-
section (d)(1) of such section, as so amended, is further 
amended— 
(1) by striking ‘‘fiscal year 2012’’ and inserting 
‘‘fiscal year 2013’’; 
(2) by striking ‘‘$1,690,000,000’’ and inserting 
‘‘$1,650,000,000’’; and 
(3) by adding at the end the following: ‘‘Of the 
aggregate amount specified in the preceding sen-
tence, the total amount of reimbursements made 
under subsection (a) and support provided under 
subsection (b) to Pakistan during fiscal year 2013 
may not exceed $650,000,000.’’. 
(c) ADDITIONAL LIMITATION ON REIMBURSEMENT 
OF THE GOVERNMENT OF PAKISTAN.—Such section, as 
so amended, is further amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) ADDITIONAL LIMITATION ON REIMBURSEMENT 
OF THE GOVERNMENT OF PAKISTAN.—In addition to the
706 
other requirements of this section, reimbursements au-
thorized by subsection (a) and the support authorized by 
subsection (b) may be made to the Government of Paki-
stan for support of United States military operations for 
fiscal year 2013 only if the Secretary of Defense submits 
to the congressional defense committees the following: 
‘‘(1) A report that contains a description of— 
‘‘(A) a model for reimbursement, including 
how claims are proposed and adjudicated; 
‘‘(B) new conditions or caveats that the 
Government of Pakistan places on the use of its 
supply routes; and 
‘‘(C) the estimated differences in costs as-
sociated with transit through supply routes in 
Pakistan for fiscal year 2011 as compared to 
fiscal year 2013. 
‘‘(2) A certification of the Secretary of Defense 
that the Government of Pakistan is taking demon-
strable steps to— 
‘‘(A) supporting counterterrorism oper-
ations against Al Qaeda, its associated move-
ments, the Haqqani Network, and other domes-
tic and foreign terrorist organizations;
707 
‘‘(B) dismantling improvised explosive de-
vice (IED) networks and interdicting precursor 
chemicals used in the manufacture of IEDs; 
‘‘(C) preventing the proliferation of nu-
clear-related material and expertise; and 
‘‘(D) issuing visas in a timely manner for 
United States Government personnel supporting 
counterterrorism efforts and assistance pro-
grams in Pakistan. 
‘‘(3) A certification of the Secretary of Defense 
that the Government of Pakistan— 
‘‘(A) has opened the Ground Lines of 
Communication; 
‘‘(B) is allowing the transit of NATO sup-
plies through Pakistan into Afghanistan; and 
‘‘(C) is supporting retrograde of United 
States equipment out of Afghanistan.’’. 
SEC. 1212. AUTHORITY TO SUPPORT OPERATIONS AND AC-
TIVITIES OF THE OFFICE OF SECURITY CO-
OPERATION IN IRAQ. 
(a) TYPES OF SUPPORT.—Subsection (b) of section 
1215 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1631) is 
amended—
708 
(1) by striking ‘‘The operations’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The operations’’; and 
(2) by adding at the end the following: 
‘‘(2) TRAIN AND ASSIST.—The operations and 
activities that may be carried out by the Office of 
Security Cooperation in Iraq using funds provided 
under subsection (a) may, with the concurrence of 
the Secretary of State, include training and assisting 
Iraqi Ministry of Defense personnel.’’. 
(b) LIMITATION
ON AMOUNT.—Subsection (c) of 
such section is amended by inserting at the end before 
the period the following: ‘‘and in fiscal year 2013 may not 
exceed $508,000,000’’. 
(c) SOURCE OF FUNDS.—Subsection (d) of such sec-
tion is amended— 
(1) by inserting ‘‘or fiscal year 2013’’ after 
‘‘fiscal year 2012’’; and 
(2) by striking ‘‘that fiscal year’’ and inserting 
‘‘fiscal year 2012 or 2013, as the case may be,’’. 
(d) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, in consultation with the Secretary 
of State, shall submit to the appropriate congres-
709 
sional committees a report on the Office of Security 
Cooperation in Iraq. 
(2) MATTERS TO BE INCLUDED.—The report 
shall include the following: 
(A) The plan to consolidate Office sites. 
(B) The status of any pending requests for 
additional United States military forces for the 
Office. 
(C) The legal status and legal protections 
provided to Office personnel, the operational 
impact of such status and protections, and the 
associated constraints on the operational capac-
ity of such personnel by reason of their legal 
status. 
(D) The operational and functional limita-
tions and authorities of Office personnel. 
(E) A description of potential direct 
threats to Office personnel and their capacity to 
provide adequate force protection to thwart 
those threats. 
(3) FORM.—The report shall be submitted in 
unclassified form, but may contain a classified annex 
if necessary. 
(4) DEFINITION.—In this section, the term 
‘‘appropriate congressional committees’’ means—