605 
form type or compensatory measure that would ac-
complish the mission of such nuclear weapons deliv-
ery platform. 
‘‘(E) An identification and discussion of any 
matter having an adverse effect on the capability of 
the covered official to accurately determine the mat-
ters covered by the assessment. 
‘‘(c) REPORT TO PRESIDENT AND CONGRESS.—(1) 
Not later than March 1 of each year, beginning in 2012, 
the Secretary of Defense shall submit to the President a 
report containing— 
‘‘(A) each report under subsection (b) sub-
mitted during the previous year, as originally sub-
mitted to the Secretary; 
‘‘(B) any comments that the Secretary con-
siders appropriate with respect to each such report; 
‘‘(C) any conclusions that the Secretary con-
siders appropriate with respect to the safety, secu-
rity, reliability, sustainability, performance, or mili-
tary effectiveness of the systems described in sub-
section (a)(2); and 
‘‘(D) any other information that the Secretary 
considers appropriate. 
‘‘(2) Not later than March 15 of each year, beginning 
in 2012, the President shall transmit to the congressional
606 
defense committees the report submitted to the President 
under paragraph (1), including any comments the Presi-
dent considers appropriate. 
‘‘(3) Each report under this subsection may be in 
classified form if the Secretary of Defense determines it 
necessary. 
‘‘(d) COVERED OFFICIAL DEFINED.—In this section, 
the term ‘covered official’ means— 
‘‘(1) the Commander of the United States Stra-
tegic Command; 
‘‘(2) the Director of the Strategic Systems Pro-
gram of the Navy; and 
‘‘(3) the Commander of the Global Strike Com-
mand of the Air Force.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item related to section 490a the following new 
item: 
‘‘490b. Annual assessment and report on the delivery platforms for nuclear 
weapons and the nuclear command and control system.’’. 
SEC. 1052. PLAN ON IMPLEMENTATION OF THE NEW START 
TREATY. 
(a) PLAN REQUIRED.—Not later than December 12, 
2011, the Secretary of Defense, in consultation with the 
Secretary of the Navy, the Secretary of the Air Force, and 
the Commander of the United States Strategic Command,
607 
shall submit to the congressional defense committees and 
to the Committee on Foreign Affairs of the House of Rep-
resentatives and the Committee on Foreign Relations of 
the Senate a plan for the Department of Defense to imple-
ment the nuclear force reductions, limitations, and 
verification and transparency measures contained in the 
New START Treaty. 
(b) MATTERS INCLUDED.—The plan under sub-
section (a) shall include the following: 
(1) A description of the nuclear force structure 
of the United States under the New START Treaty, 
including— 
(A) the composition of intercontinental bal-
listic missiles, submarine launched ballistic mis-
siles, and bombers; 
(B) the planned composition of the types 
and quantity of warheads for each delivery vehi-
cle described in subparagraph (A); 
(C) the number of nondeployed and retired 
warheads; and 
(D) the plans for maintaining the flexi-
bility of the nuclear force structure within the 
limits of the New START Treaty. 
(2) A description of changes necessary to imple-
ment the reductions, limitations, and verification
608 
and transparency measures contained in the New 
START Treaty, including— 
(A) how each military department plans to 
implement such changes; and 
(B) an identification of any programmatic, 
operational, or policy effects resulting from 
such changes. 
(3) The total costs associated with the reduc-
tions, limitations, and verification and transparency 
measures contained in the New START Treaty, and 
the funding profile by year and program element. 
(4) An implementation schedule and associated 
key decision points. 
(5) A description of options for and feasibility 
of accelerating the implementation of the New 
START Treaty, including a description of any po-
tential cost savings, benefits, or risks resulting from 
such acceleration. 
(6) Any other information the Secretary con-
siders necessary. 
(c) COMPTROLLER GENERAL REVIEW.—Not later 
than 180 days after the date on which the plan is sub-
mitted under subsection (a), the Comptroller General of 
the United States shall submit to the congressional de-
fense committees a review of the plan.
609 
(d) FORM.—The plan under subsection (a) and the 
review under subsection (c) shall be submitted in unclassi-
fied form, but may include a classified annex. 
(e) NEW START TREATY DEFINED.—In this sec-
tion, the term ‘‘New START Treaty’’ means the Treaty 
between the United States of America and the Russian 
Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed on April 
8, 2010, and entered into force on February 5, 2011. 
SEC. 1053. ANNUAL REPORT ON THE PLAN FOR THE MOD-
ERNIZATION OF THE NUCLEAR WEAPONS 
STOCKPILE, NUCLEAR WEAPONS COMPLEX, 
AND DELIVERY PLATFORMS. 
(a) REPORT
ON
THE PLAN
FOR
THE NUCLEAR 
WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, 
AND DELIVERY PLATFORMS.— 
(1) IN GENERAL.—Together with the budget of 
the President submitted to Congress under section 
1105(a) of title 31, United States Code, for each of 
fiscal years 2013 through 2019, the President, in 
consultation with the Secretary of Defense and the 
Secretary of Energy, shall transmit to the congres-
sional defense committees, the Committee on For-
eign Relations of the Senate, and the Committee on
610 
Foreign Affairs of the House of Representatives a 
detailed report on the plan to— 
(A) enhance the safety, security, and reli-
ability of the nuclear weapons stockpile of the 
United States; 
(B) modernize the nuclear weapons com-
plex; 
(C) maintain, modernize, or replace the de-
livery platforms for nuclear weapons; and 
(D) retire, dismantle, or eliminate any cov-
ered nuclear system. 
(2) ELEMENTS.—Each report required under 
paragraph (1) shall include the following: 
(A) A detailed description of the plan to 
enhance the safety, security, and reliability of 
the nuclear weapons stockpile of the United 
States. 
(B) A detailed description of the plan to 
modernize the nuclear weapons complex, includ-
ing improving the safety of facilities, modern-
izing the infrastructure, and maintaining the 
key capabilities and competencies of the nuclear 
weapons workforce, including designers and 
technicians.
611 
(C) A detailed description of the plan to 
maintain, modernize, and replace delivery plat-
forms for nuclear weapons. 
(D) A detailed estimate of budget require-
ments, including the costs associated with the 
plans 
outlined 
under 
subparagraphs 
(A) 
through (C), over the 10-year period following 
the date of the report. 
(E) A detailed description of the steps 
taken to implement the plan submitted in the 
previous year. 
(b) FORM.—The reports under subsection (a) shall 
be submitted in unclassified form (including as much de-
tail as possible), but may include a classified annex. 
(c) COVERED NUCLEAR SYSTEM DEFINED.—The 
term ‘‘covered nuclear system’’ means the following: 
(1) B–52H or B2 bomber aircraft and nuclear 
air-launched cruise missiles. 
(2) Trident ballistic missile submarines, launch 
tubes, and Trident D–5 submarine-launched ballistic 
missiles. 
(3) Minuteman III intercontinental ballistic 
missiles and associated silos.
612 
(4) Nuclear warheads or gravity bombs that 
can be delivered by the systems specified in para-
graph (1), (2), or (3). 
(5) Nuclear weapons delivered by means other 
than the systems specified in paragraph (1), (2), or 
(3). 
SEC. 1054. SENSE OF CONGRESS ON NUCLEAR FORCE RE-
DUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) As of September 30, 2009, the stockpile of 
nuclear weapons of the United States has been re-
duced by 84 percent from its maximum level in 1967 
and by more than 75 percent from its level when the 
Berlin Wall fell in November 1989. 
(2) The number of non-strategic nuclear weap-
ons of the United States has declined by approxi-
mately 90 percent from September 30, 1991, to Sep-
tember 30, 2009. 
(3) The Treaty between the United States of 
America and the Russian Federation on Measures 
for the Further Reduction and Limitation of Stra-
tegic Offensive Arms (commonly known as the ‘‘New 
START Treaty’’) signed on April 8, 2010, and en-
tered into force on February 5, 2011, will signifi-
cantly reduce the strategic nuclear forces of the
613 
United States to 1,550 deployed warheads and a 
combined limit of 800 deployed and nondeployed 
intercontinental ballistic missile launchers, sub-
marine launched ballistic missile launchers, and 
heavy bombers equipped to carry nuclear weapons. 
(4) The Nuclear Posture Review of April 2010 
stated that, ‘‘the President has directed a review of 
potential future reductions in U.S. nuclear weapons 
below New START levels.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) any reductions in the nuclear forces of the 
United States should be supported by a thorough as-
sessment of the strategic environment, threat, and 
policy and the technical and operational implications 
of such reductions; and 
(2) specific criteria are necessary to guide fu-
ture decisions regarding further reductions in the 
nuclear forces of the United States. 
SEC. 1055. LIMITATION ON NUCLEAR FORCE REDUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) As of September 30, 2009, the stockpile of 
nuclear weapons of the United States has been re-
duced by 84 percent from its maximum level in 1967
614 
and by more than 75 percent from its level when the 
Berlin Wall fell in November 1989. 
(2) The number of non-strategic nuclear weap-
ons of the United States has declined by approxi-
mately 90 percent from September 30, 1991, to Sep-
tember 30, 2009. 
(3) The President of the United States, in a 
letter dated December 18, 2010, declared that, ‘‘I 
recognize that nuclear modernization requires invest-
ment for the long-term, in addition to this one-year 
budget increase. That is my commitment to the Con-
gress that my Administration will pursue these pro-
grams and capabilities for as long as I am Presi-
dent. In future years, we will provide annual updates 
to the [report required under section 1251 of the 
National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2549)].’’. 
(4) On March 29, 2011, the Assistant to the 
President for National Security Affairs stated, ‘‘As 
we implement New START, we’re making prepara-
tions for the next round of nuclear reductions. 
Under the President’s direction, the Department of 
Defense will review our strategic requirements and 
develop options for further reductions in our current 
nuclear stockpile, which stands at approximately
615 
5,000 warheads, including both deployed and reserve 
warheads. To develop these options for further re-
ductions, we need to consider several factors, such 
as potential changes in targeting requirements and 
alert postures that are required for effective deter-
rence.’’. 
(b) IMPLEMENTATION OF NEW START TREATY.— 
(1) LIMITATION.— 
(A) Except as provided by paragraph (2) 
or (4), the Secretary of Defense and the Sec-
retary of Energy may not obligate or expend 
amounts appropriated or otherwise made avail-
able to the Department of Defense or the De-
partment of Energy for any of fiscal years 2011 
through 2017 to retire any covered nuclear sys-
tem of the United States as required by the 
New START Treaty. 
(B) Nothing in subparagraph (A) shall be 
construed to limit any action (including 
verification) required by the New START Trea-
ty other than retiring any covered nuclear sys-
tem of the United States. 
(2) WAIVER.—The Secretary of Defense and 
the Secretary of Energy may jointly waive the limi-
616 
tation under paragraph (1)(A) for a covered nuclear 
system if— 
(A) the Secretaries submit to the congres-
sional defense committees written notice of the 
status of carrying out the modernization plan 
described in the most recent report required by 
section 1053; and 
(B) with respect to such notice— 
(i) if the notice describes that such 
plan is being carried out, a period of 30 
days has elapsed following the date on 
which the President submits to the con-
gressional defense committees such report 
that includes written notice of the pro-
posed retirement of such nuclear system, 
as required by subsection (a)(1)(D) of such 
section 1053; or 
(ii) if the notice describes that such 
plan is not being carried out, a period of 
180 days has elapsed following the date on 
which the President submits to the con-
gressional defense committees the report 
described in clause (i). 
(3) DEFINITIONS.—In this subsection:
617 
(A) The term ‘‘covered nuclear systems’’ 
means the following: 
(i) B–52H or B2 bomber aircraft and 
nuclear air-launched cruise missiles. 
(ii) Trident ballistic missile sub-
marines, launch tubes, and Trident D–5 
submarine-launched ballistic missiles. 
(iii) Minuteman III intercontinental 
ballistic missiles and associated silos. 
(iv) Nuclear warheads or gravity 
bombs that can be delivered by the systems 
specified in clause (i), (ii), or (iii). 
(v) Nuclear weapons delivered by 
means other than the systems specified in 
clause (i), (ii), or (iii). 
(B) The term ‘‘retire’’, with respect to a 
covered nuclear system, includes retiring, dis-
mantling, eliminating, removing from deployed 
status or preparing to retire, dismantle, elimi-
nate, or remove from deployed status. 
(4) EXCEPTION.—The limitation in paragraph 
(1)(A) shall not apply with respect to activities de-
termined by the Secretary of Defense to be nec-
essary to ensure the continued safety, security, and 
reliability of the nuclear weapons stockpile.
618 
(c) PROHIBITION
ON REDUCTION
OF STOCKPILE 
HEDGE.— 
(1) IN
GENERAL.—The Secretary of Defense 
and the Secretary of Energy may not obligate or ex-
pend amounts appropriated or otherwise made avail-
able to the Department of Defense or the Depart-
ment of Energy to retire, dismantle, or eliminate, or 
prepare to retire, dismantle, or eliminate, any non-
deployed strategic or non-strategic nuclear weapon 
until the date that is 90 days after the date on 
which the Secretary of Energy submits to the con-
gressional defense committees written certification 
that— 
(A) the Chemistry and Metallurgy Re-
search Replacement nuclear facility (in this 
paragraph referred to as the ‘‘nuclear facility’’) 
and the Uranium Processing Facility (in this 
paragraph referred to as the ‘‘processing facil-
ity’’) are fully operational; 
(B) the nuclear facility and the Plutonium 
Facility–4 are together able to deliver to the 
nuclear weapons stockpile not less than a total 
of 80 pits per year; 
(C) the processing facility is able to deliver 
to the nuclear weapons stockpile not less than
619 
80 refurbished or new canned subassemblies per 
year; and 
(D) the nuclear security enterprise has a 
capacity that supports two simultaneous life ex-
tension programs. 
(2) EXCEPTION.—The limitation in paragraph 
(1) shall not apply with respect to— 
(A) the dismantlement of legacy warheads 
that are awaiting dismantlement on the date of 
the enactment of this Act or have been des-
ignated for retirement by the date of the enact-
ment of this Act; or 
(B) activities determined by the Secretary 
of Defense to be necessary to ensure the contin-
ued safety, security, and reliability of the nu-
clear weapons stockpile. 
(d) PROHIBITION ON UNILATERAL REDUCTION OF 
NUCLEAR WEAPONS.— 
(1) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 130e. Prohibition on unilateral reduction of nu-
clear weapons 
‘‘(a) IN GENERAL.—Except as provided by subsection 
(c), the President may not retire, dismantle, or eliminate,
620 
or prepare to retire, dismantle, or eliminate, any nuclear 
weapon of the United States (including such deployed 
weapons and nondeployed weapons and warheads in the 
nuclear weapons stockpile) if such action would reduce the 
number of such weapons to a number that is less than 
the level described in the New START Treaty unless such 
action 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) NEW START TREATY DEFINED.—In this sec-
tion, the term ‘New START Treaty’ means the Treaty be-
tween the United States of America and the Russian Fed-
eration on Measures for the Further Reduction and Limi-
tation of Strategic Offensive Arms, signed on April 8, 
2010. 
‘‘(c) EXCEPTION.—Subsection (a) shall not apply 
with respect to activities determined by the Secretary of 
Defense to be necessary to ensure the continued safety, 
security, and reliability of the nuclear weapons stockpile.’’. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of such chapter is amended
621 
by inserting after the item relating to section 130d 
the following new item: 
‘‘130e. Prohibition on unilateral reduction of nuclear weapons.’’. 
(e) NEW START TREATY DEFINED.—In this sec-
tion, the term ‘‘New START Treaty’’ means the Treaty 
between the United States of America and the Russian 
Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed on April 
8, 2010. 
SEC. 1056. NUCLEAR EMPLOYMENT STRATEGY. 
(a) FINDINGS.—Congress finds the following: 
(1) Section 1057 of H.R. 5136, as passed by 
the House of Representatives during the 111th Con-
gress, included a requirement that any future reduc-
tions of the nuclear forces of the United States 
below the level described in the New START Treaty 
be contingent on the certification by the Secretary of 
Defense that ‘‘such reduction does not require a 
change in targeting strategy from counterforce tar-
geting to countervalue targeting’’. 
(2) On March 29, 2011, the Assistant to the 
President for National Security Affairs stated, ‘‘As 
we implement New START, we’re making prepara-
tions for the next round of nuclear reductions. 
Under the President’s direction, the Department of 
Defense will review our strategic requirements and
622 
develop options for further reductions in our current 
nuclear stockpile, which stands at approximately 
5,000 warheads, including both deployed and reserve 
warheads. To develop these options for further re-
ductions, we need to consider several factors, such 
as potential changes in targeting requirements and 
alert postures that are required for effective deter-
rence.’’. 
(b) CHANGES TO STRATEGY.—The President may 
not make any changes to the nuclear employment strategy 
of the United States unless— 
(1) the President submits to the appropriate 
congressional committees a report on such proposed 
changes, including— 
(A) the implication of such changes on the 
flexibility and resilience of the strategic forces 
of the United States and the ability of such 
forces to support the goals of the United States 
with respect to nuclear deterrence, extended de-
terrence, assurance, and defense; 
(B) 
certification 
that 
such 
proposed 
changes do not require a change in targeting 
strategy from counterforce targeting to counter-
value targeting; and
623 
(C) 
certification 
that 
such 
proposed 
changes preserve the nuclear force structure 
triad composed of land-based intercontinental 
ballistic missiles, submarine-launched ballistic 
missiles, and strategic bomber aircraft; and 
(2) a period of 90 days has elapsed after the 
date on which such report under paragraph (1) is 
submitted. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the congressional defense committees; and 
(2) the Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate. 
SEC. 1057. COMPTROLLER GENERAL REPORT ON NUCLEAR 
WEAPON CAPABILITIES AND FORCE STRUC-
TURE REQUIREMENTS. 
(a) COMPTROLLER GENERAL STUDY REQUIRED.— 
The Comptroller General of the United States shall con-
duct a study on the strategic nuclear weapons capabilities, 
force structure, employment policy, and targeting require-
ments of the Department of Defense.
624 
(b) MATTERS
COVERED.—The study conducted 
under subsection (a) shall, at minimum, cover the fol-
lowing: 
(1) An update to the September 1991 report of 
the Comptroller General (GAO/NSIAD-91-319FS) 
titled ‘‘Strategic Weapons: Nuclear Weapons Tar-
geting Process’’ that addresses— 
(A) the relationship between the strategic 
nuclear targeting process and the determination 
of requirements for nuclear weapons and re-
lated delivery systems; 
(B) the level of civilian oversight; 
(C) the categories and types of targets; 
and 
(D) any other matters addressed in such 
report or are otherwise considered appropriate 
by the Comptroller General. 
(2) The process and rigor used to determine the 
effectiveness of nuclear weapons capabilities, force 
structures, employment policies, and targeting re-
quirements in achieving the goals of deterrence, ex-
tended deterrence, assurance, and defense. 
(3) An assessment of the requirements of the 
Department of Defense for strategic nuclear bomber 
aircraft and intercontinental ballistic missiles, in-
625 
cluding assessments of the extent to which the Sec-
retary of Defense has— 
(A) determined the force structure and ca-
pability requirements for nuclear-capable stra-
tegic bomber aircraft, bomber-delivered nuclear 
weapons, and intercontinental ballistic missiles; 
(B) synchronized the requirements de-
scribed in subparagraph (A) with plans to ex-
tend the service life of nuclear gravity bombs, 
nuclear-armed cruise missiles, and interconti-
nental ballistic missile warheads; and 
(C) evaluated long-term intercontinental 
ballistic missile alert posture requirements and 
basing options. 
(c) REPORTS.— 
(1) IN
GENERAL.—The Comptroller General 
shall submit to the appropriate congressional com-
mittees one or more reports on the study conducted 
under subsection (a). 
(2) FORM.—Any report submitted under this 
subsection may be submitted in classified form, but 
if so submitted, an unclassified version shall also be 
submitted with such submission or at a later date. 
(d) COOPERATION.—The Secretary of Defense and 
Secretary of Energy shall provide the Comptroller General
626 
full cooperation and access to appropriate officials and in-
formation for the purposes of conducting this study under 
subsection (a). 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the congressional defense committees; and 
(2) the Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate. 
Subtitle F—Financial Management 
SEC. 1061. AMENDMENTS RELATING TO FINANCIAL MAN-
AGEMENT WORKFORCE. 
(a) AUTHORITY TO DEVELOP POLICIES AND PROCE-
DURES.—Section 1599d of title 10, United States Code, 
is amended— 
(1) by redesignating subsections (d) and (e) as 
(e) and (f), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) POLICIES AND PROCEDURES.—Subject to the 
authority, direction, and control of the Secretary of De-
fense, the Under Secretary of Defense for Personnel and 
Readiness, in consultation with the Under Secretary of 
Defense (Comptroller) shall develop policies and proce-
627 
dures related to the financial management workforce in 
the Department of Defense.’’. 
(b) REVISION IN TERMINOLOGY.—Such section is 
further amended— 
(1) in the section heading, by striking ‘‘Pro-
fessional accounting’’ and inserting ‘‘Finan-
cial management’’; and 
(2) in subsection (a), by striking ‘‘professional 
accounting’’ and inserting ‘‘financial management’’. 
(c) REVISION
IN DEFINITION.—Subsection (f) of 
such section (as so redesignated) is amended to read as 
follows: 
‘‘(f) DEFINITION.—In this section, the term ‘finan-
cial management position’ means a position or group of 
positions in the General Schedule 500 occupational series, 
which perform, supervise, or manage work of a fiscal, fi-
nancial management, accounting, auditing, or budgetary 
nature.’’. 
SEC. 1062. RELIABILITY OF DEPARTMENT OF DEFENSE FI-
NANCIAL STATEMENTS. 
Section 1008(c) of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 115 
Stat. 1206; 10 U.S.C. 113 note) is amended by striking 
‘‘Not later than October 31’’ and inserting ‘‘Not later than 
the date that is 180 days prior to the date set by the Of-
628 
fice of Management and Budget for the submission of fi-
nancial statements’’. 
SEC. 1063. FINANCIAL MANAGEMENT PERSONNEL COM-
PETENCY ASSESSMENT. 
(a) IDENTIFICATION OF PERSONNEL AND SKILLS.— 
Within 60 days after the date of the enactment of this 
Act, the Chief Management Officer of the Department of 
Defense, in coordination with the Chief Management Offi-
cer of each military department, shall identify the number 
of financial management personnel and the financial and 
budgetary skills required— 
(1) to effectively perform financial and budg-
etary accounting, including reconciling fund balances 
with the Treasury; 
(2) to document processes and maintain inter-
nal controls for financial and budgetary accounting 
cycles; and 
(3) to maintain professional certification stand-
ards. 
(b) COMPETENCY ASSESSMENT.— 
(1) GUIDANCE.—Within 120 days after the 
date of the enactment of this Act, the Under Sec-
retary of Defense (Comptroller) and the Under Sec-
retary of Defense for Personnel and Readiness shall 
issue joint guidance regarding the assessment of the
629 
competency of the Department of Defense financial 
management personnel to perform the financial and 
budgetary skills identified pursuant to subsection 
(a). 
(2) COMPETENCY ASSESSMENT.—Following the 
issuance of the joint guidance required by paragraph 
(1), the Chief Management Officer of the Depart-
ment of Defense, in the case of the Defense Finance 
and Accounting Service or other Defense Agency, 
and the Chief Management Officers of the military 
departments, shall each conduct a competency as-
sessment of the financial management personnel of 
the Defense Agencies and the military departments, 
respectively. 
(3) 
REPORTS
AND
CORRECTIVE
ACTION 
PLANS.—Each Chief Management Officer shall pre-
pare and submit to the Secretary Defense a report 
on each competency assessment conducted, along 
with a corrective action plan for any skill gaps iden-
tified, within 180 days after the date of the enact-
ment of this Act. The report should include a correc-
tive action plan for each skills gap identified, includ-
ing— 
(A) near-term and longer-term measures 
for resolution;
630 
(B) assignment of responsibilities for cor-
rective action, and 
(C) establishment of milestones for com-
pleting corrective actions. 
(c) REPORT TO CONGRESS.—Not later than 270 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report regarding the competency assessments 
and corrective action plans of the Chief Management Offi-
cers. 
(d) LONG TERM MONITORING.—Each Chief Manage-
ment officer shall designate, and include in the report sub-
mitted to the Secretary under subsection (b)(3), the ac-
countable office to be involved in the corrective action 
process, including monitoring the progress in imple-
menting corrective actions and determining whether addi-
tional action is needed to expedite the corrective action 
process. 
(f) DEFINITION.—In this section, the term ‘‘financial 
management personnel’’ means— 
(1) civilian personnel in the General Schedule 
500 occupational series who perform, supervise, or 
manage work of a fiscal, financial management, ac-
counting, auditing, or budgetary nature; and
631 
(2) members of the Armed Forces who have a 
military occupational specialty involving duties simi-
lar to the duties of the civilian personnel referred to 
in paragraph (1) or who otherwise perform, super-
vise, or manage work of a fiscal, financial manage-
ment, accounting, auditing, or budgetary nature. 
SEC. 1064. TRACKING IMPLEMENTATION OF DEPARTMENT 
OF DEFENSE EFFICIENCIES. 
(a) ANNUAL ASSESSMENTS.—For each of fiscal years 
2012 through 2016, the Comptroller General of the 
United States shall carry out an assessment of the extent 
to which the Department of Defense has tracked and real-
ized the savings proposed pursuant to the initiative led 
by the Secretary of Defense to identify at least 
$100,000,000,000 in efficiencies during fiscal years 2012 
through 2016. 
(b) ANNUAL REPORT.—Not later than October 30 of 
each of 2012 through 2016, the Comptroller General shall 
submit to the congressional defense committees a report 
on the assessment carried out under subsection (a) for the 
fiscal year ending on September 30 of that year. Each 
such report shall include the recommendations of the 
Comptroller General with respect to the matter covered 
by the assessment.
632 
SEC. 1065. BUSINESS CASE ANALYSIS FOR DEPARTMENT OF 
DEFENSE EFFICIENCIES. 
(a) ASSESSMENT.—The Comptroller General of the 
United States shall carry out an assessment of the extent 
to which components of the Department of Defense con-
ducted a business case analysis prior to recommending 
and implementing efficiencies initiatives. In carrying out 
the assessment, the Comptroller General shall— 
(1) use a case study approach; 
(2) identify best practices used by components 
of the Department of Defense; and 
(3) identify deficiencies in the analysis con-
ducted. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the congressional defense committees a report 
of the assessment required by subsection (a). The report 
shall include the Comptroller General’s recommendations 
relating to the appropriate application of business case 
analysis and best practices that should be adopted by the 
Department of Defense prior to the implementation of any 
future effort to identify savings in defense operations. 
(c) DEFINITION.—In this section, the term ‘‘effi-
ciencies initiatives’’ means initiatives led by the Secretary 
of Defense to identify at least $100,000,000,000 in sav-
ings during fiscal years 2012 through 2016.
633 
SEC. 1066. FINANCIAL IMPROVEMENT AND AUDIT READI-
NESS PLAN. 
(a) FUNDING.—The Secretary of Defense may obli-
gate or expend funds only for the execution of the Finan-
cial Improvement and Audit Readiness plan of the Depart-
ment of Defense submitted in accordance with section 881 
of the Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (Public Law 111–383) from the 
amounts specified in the subactivity groups for Financial 
Improvement and Audit Readiness in section 4301. 
(b) INCLUSION OF SUBORDINATE ACTIVITIES FOR 
INTERIM MILESTONES.—For each interim milestone iden-
tified in the Financial Improvement and Audit Readiness 
plan, the Under Secretary of Defense (Comptroller), in 
consultation with the Deputy Chief Management Officer 
of the Department of Defense, the Secretaries of the mili-
tary departments, and the heads of the defense agencies 
and defense field activities, shall include a detailed de-
scription of the subordinate activities necessary to accom-
plish each interim milestone, including— 
(1) a justification of the time required for each 
activity; 
(2) metrics identifying the progress within each 
activity; and 
(3) mitigating strategies for correcting failed 
milestone deadlines.
634 
SEC. 1067. CORRECTIVE ACTION PLAN RELATING TO EXE-
CUTION OF FINANCIAL IMPROVEMENT AND 
AUDIT READINESS PLAN. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to Congress a report relating to the Financial 
Improvement and Audit Readiness plan of the Depart-
ment of Defense submitted in accordance with section 881 
of the Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (Public Law 111–383; 121 Stat. 4306; 
10 U.S.C. 2222 note). 
(b) MATTERS COVERED.—The report shall include a 
corrective action plan for any weaknesses and deficiencies 
in the execution of the Financial Improvement and Audit 
Readiness. The corrective action plan shall— 
(1) identify near-term and longer-term meas-
ures for resolution of any such weaknesses and defi-
ciencies; 
(2) assign responsibilities in the Department of 
Defense for actions to implement such measures; 
(3) specify steps for implementation of such 
measures; and 
(4) provide timeframes for implementation of 
such measures.
635 
Subtitle G—Studies and Reports 
SEC. 1071. REPEAL OF CERTAIN REPORT REQUIREMENTS. 
(a) ANNUAL JOINT REPORT FROM OFFICE OF MAN-
AGEMENT AND BUDGET AND CONGRESSIONAL BUDGET 
OFFICE ON SCORING OF OUTLAYS IN DEFENSE BUDGET 
FUNCTION.— 
(1) REPEAL.—Chapter 9 of title 10, United 
States Code, is amended by striking section 226. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by striking the item relating to section 226. 
(b) MISCELLANEOUS STUDIES AND REPORTS.— 
(1) REPEAL.—Chapter 23 of title 10, United 
States Code, is amended by striking sections 484, 
487, and 490. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by striking the items relating to sections 484, 487, 
and 490. 
(c) BIENNIAL REPORT
ON GLOBAL POSITIONING 
SYSTEM.—Section 2281 of title 10, United States Code, 
is amended by striking subsection (d) and redesignating 
subsection (e) as subsection (d).
636 
(d) ANNUAL REPORT ON FISHER HOUSES.—Section 
2493 of title 10, United States Code, is amended by strik-
ing subsection (g). 
(e) ANNUAL REPORT ON PUBLIC SALES OF MILI-
TARY EQUIPMENT.— 
(1) IN
GENERAL.—Chapter 153 of title 10, 
United States Code, is amended by striking section 
2582. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by striking the item relating to section 2582. 
(f) ANNUAL REPORT ON THE CHIEF OF NAVY RE-
SERVE.—Section 5143 of title 10, United States Code, is 
amended by striking subsection (e). 
(g) REQUESTS FOR IDENTIFICATION OF NOMINATING 
AUTHORITY FOR PERSONS APPOINTED TO THE NAVAL 
ACADEMY.—Section 6954 of title 10, United States Code, 
is amended by striking subsection (f) and redesignating 
subsections (g) and (h) as subsections (f) and (g), respec-
tively. 
(h) BIENNIAL REPORT ON EDUCATIONAL ASSIST-
ANCE FOR MEMBERS OF THE SELECTED RESERVE.— 
(1) REPEAL.—Chapter 1606 of title 10, United 
States Code, is amended by striking section 16137.
637 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by striking the item relating to section 16137. 
(i) ANNUAL REPORT ON READY RESERVE.—Section 
12302(b) of title 10, United States Code, is amended by 
striking the last sentence. 
(j) REPORT ON SCIENCE AND TECHNOLOGY INVEST-
MENT STRATEGY.—Section 1504 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4650; 10 U.S.C. 2358 
note) is amended by striking subsection (c). 
(k) REVIEW AND DETERMINATION OF CERTAIN CON-
TRACTS FOR TELEPHONE SERVICES.—Section 885(a)(2) 
of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 265; 10 U.S.C. 
2304 note) is amended by striking the second sentence. 
(l) QUARTERLY REPORTS ON DEPARTMENT OF DE-
FENSE RESPONSE TO THREAT POSED BY IMPROVISED 
EXPLOSIVE DEVICES.—The John Warner National De-
fense Authorization Act for Fiscal Year 2007 (Public Law 
109–364) is amended by striking section 1402. 
(m) CONGRESSIONAL
NOTIFICATION
REGARDING 
BASE CLOSURE AND REALIGNMENT ACTIVITIES.—Sec-
tion 2405 of the John Warner National Defense Author-
638 
ization Act for Fiscal Year 2007 (Public Law 109–364) 
is amended by striking subsection (d). 
(n) ANNUAL
REPORT
ON
MEDICAL
READINESS 
PLAN.—Section 731 of the Ronald Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375) is amended by striking subsection (c). 
(o) REPORT ON REQUIREMENTS TO REDUCE BACK-
LOG IN MAINTENANCE AND REPAIR OF DEFENSE FACILI-
TIES.—The Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Pub-
lic Law 106–398) is amended by striking section 374. 
(p) SEMIANNUAL REPORTS ON SITUATION IN THE 
BALKANS.—Section 1212 of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 2001 (as 
enacted into law by Public Law 106–398; 114 Stat. 
1654A–326) is amended by striking subsections (c) and 
(d). 
(q) SEMIANNUAL
REPORT
ON
KOSOVO
PEACE-
KEEPING.—The Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted into law 
by Public Law 106–398) is amended by striking section 
1213. 
(r) ANNUAL REPORT ON UNITED STATES MILITARY 
ACTIVITIES IN COLOMBIA.—The National Defense Au-
639 
thorization Act for Fiscal Year 2000 (Public Law 106– 
65) is amended by striking section 1025. 
(s) ANNUAL CERTIFICATION ON MILITARY-TO-MILI-
TARY EXCHANGE WITH PEOPLE’S LIBERATION ARMY OF 
THE PEOPLE’S REPUBLIC OF CHINA.—Section 2101 of 
the National Defense Authorization Act for Fiscal Year 
2000 (Public Law 106–65; 113 Stat. 782; 10 U.S.C. 168 
note) is amended by striking subsection (d). 
(t) ANNUAL REPORT ON THE ARMED FORCES RE-
TIREMENT HOME.—Section 1511 of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 411) is amend-
ed by striking subsection (h) and redesignating subsection 
(i) as subsection (h). 
(u) ANNUAL REPORT ON SUPPLEMENTAL SUBSIST-
ENCE ALLOWANCE.—Section 402a of title 37, United 
States Code, is amended by striking subsection (f) and re-
designating subsections (g) and (h) as subsections (f) and 
(g), respectively. 
SEC. 1072. BIENNIAL REVIEW OF REQUIRED REPORTS. 
(a) IN GENERAL.—Chapter 23 of title 10, United 
States Code, as amended by section 1071, is further 
amended by adding at the end the following new section: 
‘‘§ 490a. Biennial review of required reports 
‘‘(a) REVIEW OF CONGRESSIONAL REPORTS.—The 
Secretary of Defense shall conduct a review, on a biennial
640 
basis, all of the reports required to be submitted to Con-
gress of the Department of Defense. In conducting each 
such review, the Secretary shall evaluate the content, qual-
ity, cost, and timeliness of the Department’s compliance 
with the requirement to submit each report by the date 
required. 
‘‘(b) SUBMISSION OF RECOMMENDATIONS FOR RE-
PEAL OR MODIFICATION OF CONGRESSIONAL REPORT RE-
QUIREMENTS.—The Secretary may, not later than March 
1 of the year in which a review under subsection (a) is 
conducted, recommend to the appropriate congressional 
committees the repeal or modification of a report require-
ment identified in the review. Any such recommendation 
shall include— 
‘‘(1) a detailed justification for the repeal or 
modification of the report requirement; and 
‘‘(2) recommendations for reducing cost and 
improving the efficiency of the Department of De-
fense in responding to congressional report require-
ments. 
‘‘(c) REVIEW OF DEPARTMENT OF DEFENSE INTER-
NAL REPORTS.—(1) The Secretary of Defense shall con-
duct a review, on a biennial basis, the reports internal to 
the Department of Defense. Each such review shall in-
clude—
641 
‘‘(A) the reports required by the Office of the 
Secretary of Defense and the military departments; 
‘‘(B) the reports required by the secretaries of 
each military department of their respective military 
departments; and 
‘‘(C) other reporting requirements internal to 
the Department of Defense as designated for review 
by the Secretary. 
‘‘(2) Based on the findings of a review conducted 
under paragraph (1), the Secretary shall— 
‘‘(A) identify report requirements that are re-
dundant, overly burdensome, of limited value, 
unjustifiably costly, or otherwise determined to un-
duly reduce the efficiency of the Department of De-
fense; 
‘‘(B) take such steps as may be necessary to 
eliminate or modify such report requirements; and 
‘‘(C) include, in the budget justification mate-
rials submitted to Congress in support of the De-
partment of Defense budget (as submitted with the 
budget of the President under section 1105(a) of 
title 31) for a fiscal year following a year in which 
a review is conducted under paragraph (1) a sum-
mary of the cost reductions resulting from actions 
taken by the Secretary pursuant to paragraph (2).’’.
642 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘490a. Biennial review of required reports.’’. 
SEC. 1073. TRANSMISSION OF REPORTS IN ELECTRONIC 
FORMAT. 
Section 122a(a) of title 10, United States Code, is 
amended by striking ‘‘made available’’ and all that follows 
through the period and inserting the following new para-
graphs: 
‘‘(1) made available to the public, upon request 
submitted on or after the date on which such report 
is submitted to Congress, through the Office of the 
Assistant Secretary of Defense for Public Affairs; 
and 
‘‘(2) to the maximum extent practicable, trans-
mitted in an electronic format.’’. 
SEC. 1074. MODIFICATIONS TO ANNUAL AIRCRAFT PRO-
CUREMENT PLAN. 
(a) IN GENERAL.—Section 231a of title 10, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘The Secretary’’ and 
inserting ‘‘Not later than 45 days after the
643 
date on which the President submits to 
Congress the budget for a fiscal year’’; and 
(ii) by striking ‘‘include with the de-
fense budget materials for each fiscal 
year’’ and insert ‘‘submit to the congres-
sional defense committees’’; and 
(B) in paragraph (1), by inserting ‘‘, the 
Department of the Army,’’ after ‘‘Navy’’; 
(2) in subsection (b)— 
(A) in paragraph (4), by striking ‘‘Stra-
tegic’’ and inserting ‘‘Intertheater’’; 
(B) by redesignating paragraph (8) as 
paragraph (11); and 
(C) by inserting after paragraph (7) the 
following new paragraphs: 
‘‘(8) Remotely piloted aircraft. 
‘‘(9) Rotary-wing aircraft. 
‘‘(10) Operational support and executive lift 
aircraft.’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘national 
security strategy of the United States’’ and in-
serting ‘‘national military strategy of the 
United States’’; and 
(B) in paragraph (2)—
644 
(i) in subparagraph (A), by inserting 
‘‘, the Department of the Army,’’ after 
‘‘Navy’’; 
(ii) in subparagraph (B), by striking 
‘‘national security strategy of the United 
States’’ and inserting ‘‘national military 
strategy of the United States’’; 
(iii) in subparagraph (C)— 
(I) by inserting ‘‘investment’’ be-
fore ‘‘funding’’; 
(II) by striking ‘‘the program’’ 
and inserting ‘‘each aircraft pro-
gram’’; 
(III) by inserting before the pe-
riod at the end the following: ‘‘, set 
forth in aggregate for the Department 
of Defense and in aggregate for each 
military department’’; 
(iv) by redesignating subparagraph 
(D) as subparagraph (F); 
(v) by inserting after subparagraph 
(C) the following new subparagraphs: 
‘‘(D) The estimated level of annual funding 
necessary to operate, maintain, sustain, and support 
each aircraft program throughout the life-cycle of
645 
the program, set forth in aggregate for the Depart-
ment of Defense and in aggregate for each military 
department. 
‘‘(E) For each of the cost estimates required by 
subparagraphs (C) and (D)— 
‘‘(i) a description of whether the cost esti-
mate is derived from the cost estimate position 
of the military department or derived from the 
cost estimate position of the Cost Analysis and 
Program Evaluation office of the Secretary of 
Defense; 
‘‘(ii) if the cost estimate position of the 
military department and the cost estimate posi-
tion of the Cost Analysis and Program Evalua-
tion office differ by more than .5 percent for 
any aircraft program, an annotated cost esti-
mate difference and sufficient rationale to ex-
plain the difference; and 
‘‘(iii) the confidence or certainty level asso-
ciated with the cost estimate for each aircraft 
program.’’. 
(vi) in subparagraph (F), as redesig-
nated by clause (iv), by inserting ‘‘, the 
Department of the Army,’’ after ‘‘Navy’’;
646 
(C) by adding at the end the following new 
paragraphs: 
‘‘(3) For any cost estimate required by paragraph 
(2)(C) or (D), for any aircraft program for which the Sec-
retary is required to include in a report under section 
2432 of this title, the source of the cost information used 
to prepare the annual aircraft plan, shall be sourced from 
the Selected Acquisition Report data that the Secretary 
plans to submit to the congressional defense committees 
in accordance with subsection (f) of that section for the 
year for which the annual aircraft plan is prepared. 
‘‘(4) The annual aircraft procurement plan shall be 
submitted in unclassified form and shall contain a classi-
fied annex.’’; 
(4) in subsection (d), by inserting ‘‘, the De-
partment of the Army,’’ after ‘‘Navy’’; 
(5) by redesignating subsection (e) as sub-
section (f); 
(6) by inserting after subsection (d) the fol-
lowing new subsection (e): 
‘‘(e) ANNUAL REPORT ON AIRCRAFT INVENTORY.— 
(1) As part of the annual plan and certification required 
to be submitted under this section, the Secretary shall in-
clude a report on the aircraft in the inventory of the De-
647 
partment of Defense. Each such report shall include the 
following, for the year covered by the report: 
‘‘(A) The total number of aircraft in the inven-
tory. 
‘‘(B) The total number of the aircraft in the in-
ventory that are active, stated in the following cat-
egories (with appropriate subcategories for mission 
aircraft, training aircraft, dedicated test aircraft, 
and other aircraft): 
‘‘(i) Primary aircraft. 
‘‘(ii) Backup aircraft. 
‘‘(iii) Attrition and reconstitution reserve 
aircraft. 
‘‘(C) The total number of the aircraft in the in-
ventory that are inactive, stated in the following cat-
egories: 
‘‘(i) Bailment aircraft. 
‘‘(ii) Drone aircraft. 
‘‘(iii) Aircraft for sale or other transfer to 
foreign governments. 
‘‘(iv) Leased or loaned aircraft. 
‘‘(v) Aircraft for maintenance training. 
‘‘(vi) Aircraft for reclamation. 
‘‘(vii) Aircraft in storage.
648 
‘‘(D) The aircraft inventory requirements ap-
proved by the Joint Chiefs of Staff. 
‘‘(2) Each report submitted under this subsection 
shall set forth each item described in paragraph (1) sepa-
rately for the regular component of each armed force and 
for each reserve component of each armed force and, for 
each such component, shall set forth each type, model, and 
series of aircraft provided for in the future-years defense 
program that covers the fiscal year for which the budget 
accompanying the plan, certification and report is sub-
mitted.’’; and 
(7) in subsection (f), as redesignated by para-
graph 5, by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2). 
(b) SECTION HEADING.—The heading for such sec-
tion is amended to read as follows: 
‘‘§ 231a. Budgeting for life-cycle cost of aircraft for 
the Navy, Army, and Air Force: annual 
plan and certification’’. 
(c) CLERICAL AMENDMENT.—The item relating to 
section 231a in the table of sections at the beginning of 
chapter 9 of title 10, United States Code, is amended to 
read as follows: 
‘‘231a. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air 
Force: annual plan and certification.’’.
649 
SEC. 1075. CHANGE OF DEADLINE FOR ANNUAL REPORT TO 
CONGRESS ON NATIONAL GUARD AND RE-
SERVE COMPONENT EQUIPMENT. 
Section 10541(a) of title 10, United States Code, is 
amended by striking ‘‘February 15’’ and inserting ‘‘March 
15’’. 
SEC. 1076. REPORT ON HOMELAND DEFENSE ACTIVITIES. 
Section 908(a) of title 32, United States Code, is 
amended by adding at the end the following ‘‘For any fis-
cal year during which no assistance was provided, and no 
activities were carried out, under this chapter, a report 
is not required to be submitted under this section.’’. 
SEC. 1077. REPORT ON NUCLEAR ASPIRATIONS OF NON- 
STATE ENTITIES, NUCLEAR WEAPONS, AND 
RELATED 
PROGRAMS 
IN 
NON-NUCLEAR 
WEAPONS STATES AND COUNTRIES NOT PAR-
TIES TO THE NUCLEAR NON-PROLIFERATION 
TREATY, AND CERTAIN FOREIGN PERSONS. 
Section 1055(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 50 
U.S.C. 2371(a)) is amended, in the matter preceding 
paragraph (1)— 
(1) by striking ‘‘and the Permanent’’ and in-
serting ‘‘the Permanent’’; and 
(2) by inserting before ‘‘a report’’ the following: 
‘‘, the Committee on Foreign Relations of the Sen-
650 
ate, and the Committee on Foreign Affairs of the 
House of Representatives’’. 
SEC. 1078. REPORT ON CERTAIN UNNECESSARY OR UN-
WANTED DEPARTMENT OF DEFENSE PRO-
GRAMS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) On March 31, 2011, Secretary of Defense 
Gates testified before the Armed Services Committee 
of the House of Representatives that the initial cost 
of United States operations in Libya was approxi-
mately $550,000,000 and was estimated to cost an 
additional $40,000,000 a month after that. 
(2) Secretary Gates testified that he was un-
aware of what the total cost of United States assist-
ance to Japan would be in the aftermath of the 
earthquake, tsunami, and Fukushima Daiichi inci-
dent, 
but 
indicated 
it 
would 
be 
less 
than 
$500,000,000. 
(3) Secretary Gates testified that the Depart-
ment of Defense would not need to ask for more 
money to cover these costs within the Overseas Con-
tingency Operations accounts because ‘‘There’s sev-
eral billion dollars in there we can move around. . .
651 
that would cover these costs. . . things that we 
don’t need or want.’’. 
(b) DETERMINATION.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall determine and make publically available the 
programs funded through the Overseas Contingency Oper-
ations accounts during the five-year period preceding the 
date of the enactment of this Act that are unnecessary 
or unwanted. 
(c) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representative a report that contains 
the results of the determination required by subsection 
(b). Such report shall include— 
(1) a description of each program that the Sec-
retary determines is unnecessary or unwanted; 
(2) a description of the amount authorized to 
be appropriated and the amount authorized to be 
appropriated for each fiscal year for each program 
described under paragraph (1); and 
(3) any other information the Secretary con-
siders relevant.
652 
SEC. 1079. IMPLEMENTATION PLAN FOR WHOLE-OF-GOV-
ERNMENT VISION PRESCRIBED IN THE NA-
TIONAL SECURITY STRATEGY. 
(a) IMPLEMENTATION PLAN.—Not later than 270 
days after the date of the enactment of this Act, the Presi-
dent shall submit to the appropriate congressional com-
mittees an implementation plan for achieving the whole- 
of-government integration vision prescribed in the Presi-
dent’s National Security Strategy of May 2010. The im-
plementation plan shall include— 
(1) a description of ongoing and future actions 
planned to be taken by the President and the Execu-
tive agencies to implement organizational changes, 
programs, and any other efforts to achieve each 
component of the whole-of-government vision pre-
scribed in the National Security Strategy; 
(2) a timeline for specific actions taken and 
planned to be taken by the President and the Execu-
tive agencies to implement each component of the 
whole-of-government vision prescribed in the Na-
tional Security Strategy; 
(3) an outline of specific actions desired or re-
quired by Congress to achieve each component of the 
whole-of-government vision prescribed in the Na-
tional Security Strategy, including suggested timing
653 
and sequencing of actions proposed for Congress and 
the Executive agencies; 
(4) any progress made and challenges or obsta-
cles encountered in implementing each component of 
the whole-of-government vision prescribed in the Na-
tional Security Strategy; and 
(5) such other information as the President de-
termines is necessary to understand progress in im-
plementing each component of the whole-of-govern-
ment vision prescribed in the National Security 
Strategy. 
(b) ANNUAL UPDATES.—Not later than December 1 
of each subsequent year, the President shall submit to the 
appropriate congressional committees an update of the im-
plementation plan required under subsection (a). Each 
such update shall include an explanation of— 
(1) progress made in achieving each organiza-
tional goal; and 
(2) modifications necessary to the implementa-
tion plan. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees;
654 
(B) the Committee on Foreign Relations, 
Select Committee on Intelligence, Committee on 
Homeland Security and Government Affairs, 
Committee on the Budget, Committee on the 
Judiciary, and Committee on Appropriations in 
the Senate; and 
(C) the Committee on Foreign Affairs, 
Permanent Select Committee on Intelligence, 
Committee on Homeland Security, Committee 
on the Budget, Committee on the Judiciary, 
Committee on Oversight and Government Re-
form, and Committee on Appropriations in the 
House of Representatives. 
(2) The term ‘‘Executive agency’’ has the 
meaning given that term by section 105 of title 5, 
United States Code. 
SEC. 1080. REPORT ON A DEPARTMENT OF DEFENSE RECY-
CLING PROGRAM FOR RARE EARTH MATE-
RIALS. 
(a) REQUIREMENT FOR REPORT.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Defense shall prepare and submit to the con-
gressional defense committees a report on the feasibility 
and desirability of recycling, recovering, and reprocessing 
rare earth elements, including fluorescent lighting in De-
655 
partment of Defense facilities and neodymium iron boron 
magnets used in weapon systems and commercial off-the- 
shelf items such as computer hard drives. 
(b) REPORT.—The report required in subsection (a) 
shall contain, at minimum, the following information: 
(1) AMOUNT
AND
FORM
OF
CERTAIN
MATE-
RIALS.—The amount and form of fluorescent light-
ing materials containing rare earth phosphors, such 
as terbium, europium, and yttrium, and the amount 
of neodymium iron boron magnets containing neo-
dymium and dysprosium, currently being disposed of 
by or on behalf of the Department of Defense. 
(2) ESTIMATE OF AMOUNTS.—An estimate of 
the amount of rare earth phosphors contained in 
such lighting materials and rare earth metal, alloy, 
and magnet material that is potentially available for 
recycling but is not currently recovered, using data 
from the most recent year for which a reasonable es-
timate can be made. 
(3) FEASIBILITY
OF
RECOVERY.—The feasi-
bility and desirability of recovering such rare earth 
phosphors and magnet materials and making this 
material available for reprocessing back into sepa-
rated rare earth elements or reused as rare earth 
magnet materials by private-sector entities.
656 
(c) DEFINITION.—For purposes of this section, the 
term ‘‘rare earth’’ means any of the following chemical 
elements in any of their physical forms or chemical com-
binations: 
(1) Scandium. 
(2) Yttrium. 
(3) Lanthanum. 
(4) Cerium. 
(5) Praseodymium. 
(6) Neodymium. 
(7) Promethium. 
(8) Samarium. 
(9) Europium. 
(10) Gadolinium. 
(11) Terbium. 
(12) Dysprosium. 
(13) Holmium. 
(14) Erbium. 
(15) Thulium. 
(16) Ytterbium. 
(17) Lutetium.
657 
SEC. 1080A. REPORT ON THE NATIONAL GUARD AND RE-
SERVE 
COMPONENTS 
OF 
THE 
ARMED 
FORCES. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on the National Guard and the reserve 
components of the Armed Forces. 
(b) MATTERS INCLUDED.—The report under sub-
section (a) shall include a plan to— 
(1) ensure that each military department has 
access to trained, experienced, and ready members 
of the National Guard and reserve components of 
the Armed Forces for any mission less than war; 
(2) capitalize on the gains made in the readi-
ness of the National Guard and the reserve compo-
nents during the previous 10-year period; and 
(3) ensure the total force is able to sustain 
commitments throughout the world using the unique 
skills and capabilities of the National Guard and the 
reserve components in a predictable and consistent 
manner.
658 
Subtitle H—Miscellaneous 
Authorities and Limitations 
SEC. 1081. EXEMPTION FROM FREEDOM OF INFORMATION 
ACT FOR DATA FILES OF THE MILITARY 
FLIGHT OPERATIONS QUALITY ASSURANCE 
SYSTEMS OF THE MILITARY DEPARTMENTS. 
(a) EXEMPTION.— 
(1) IN
GENERAL.—Chapter 134 of title 10, 
United States Code, is amended by inserting after 
section 2254 the following new section: 
‘‘§ 2254a. Data files of military flight operations qual-
ity assurance systems: exemption from 
disclosure under Freedom of Information 
Act 
‘‘(a) AUTHORITY TO EXEMPT CERTAIN DATA FILES 
FROM DISCLOSURE UNDER FOIA.— 
‘‘(1) The Secretary of Defense may exempt in-
formation contained in any data file of the military 
flight operations quality assurance system of a mili-
tary department from disclosure under section 
552(b)(3) of title 5. 
‘‘(2) In this section, the term ‘data file’ means 
a file of the military flight operations quality assur-
ance (in this section referred to as ‘MFOQA’) sys-
659 
tem that contains information acquired or generated 
by the MFOQA system, including— 
‘‘(A) any data base containing raw 
MFOQA data; and 
‘‘(B) any analysis or report generated by 
the MFOQA system or which is derived from 
MFOQA data. 
‘‘(3) Information that is exempt under para-
graph (1) from disclosure under section 552(b)(3) of 
title 5 shall be exempt from such disclosure even if 
such information is contained in a data file that is 
not exempt in its entirety from such disclosure. 
‘‘(4) The provisions of paragraph (1) may not 
be superseded except by a provision of law which is 
enacted after the date of the enactment of this sec-
tion and which specifically cites and repeals or modi-
fies those provisions. 
‘‘(b) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations for the administration of this section. 
Such regulations shall ensure consistent application of the 
authority in subsection (a) across the military depart-
ments and shall specifically identify officials in each mili-
tary department who shall be delegated the Secretary’s au-
thority under this section.’’.
660 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter II of such chap-
ter is amended by inserting after the item relating 
to section 2254 the following new item: 
‘‘2254a. Data files of military flight operations quality assurance systems: ex-
emption from disclosure under Freedom of Information Act.’’. 
(b) APPLICABILITY.—Section 2254a of title 10, 
United States Code, as added by subsection (a), shall 
apply to any information entered into any data file of the 
military flight operations quality assurance system before, 
on, or after the date of the enactment of this Act. 
SEC. 1082. LIMITATION ON PROCUREMENT AND FIELDING 
OF LIGHT ATTACK ARMED RECONNAISSANCE 
AIRCRAFT. 
(a) REQUIRED REVIEW.— 
(1) REVIEW.—In the report on the quadrennial 
roles and missions review required to be submitted 
not later than the date on which the President sub-
mits the budget for fiscal year 2013, pursuant to 
section 118b of title 10, United States Code, the 
Secretary of Defense shall specifically review the ca-
pability of the elements of the Department of De-
fense (including any office, agency, activity, or com-
mand described in section 111(b) of such title) that 
are responsible for conducting light attack and 
armed reconnaissance missions or fulfilling requests
661 
of partner nations for training in the conduct of 
such missions. 
(2) MATTERS
INCLUDED.—In conducting the 
review under paragraph (1), the Secretary shall— 
(A) identify any gaps in the ability of the 
Department to conduct light attack and armed 
reconnaissance missions or to fulfill requests of 
partner nations for training in the conduct of 
such missions; 
(B) identify any unnecessary duplication of 
efforts between the elements of the Department 
to procure or field aircraft to conduct light at-
tack and armed reconnaissance missions or to 
fulfill requests of partner nations to train in the 
conduct of such missions, including any 
planned— 
(i) developmental efforts; 
(ii) operational evaluations; or 
(iii) 
acquisition 
of 
such 
aircraft 
through procurement or lease; and 
(C) include findings and recommendations 
the Secretary considers appropriate to address 
any gaps identified under subparagraph (A) or 
unnecessary duplication of efforts identified 
under subparagraph (B).
662 
(b) LIMITATION.—Except as provided by subsection 
(c) and (d), none of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2012 may be obligated or expended for the procure-
ment or fielding of light attack armed reconnaissance air-
craft until the date on which— 
(1) the Joint Requirements Oversight Council 
validates the requirements for the development or 
procurement of such aircraft to address a gap identi-
fied under subsection (a)(2)(A); and 
(2) the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics approves the acquisi-
tion strategy for such aircraft. 
(c) USE OF FUNDS FOR PREVIOUSLY AUTHORIZED 
PROGRAMS.—The limitation in subsection (b) does not 
apply to a program for which funding was authorized to 
be appropriated for a fiscal year before fiscal year 2012. 
(d) WAIVER.—The Secretary of Defense may waive 
the limitation in subsection (b) if the Secretary submits 
to the congressional defense committees written certifi-
cation that the procurement or fielding of light attack 
armed reconnaissance aircraft is necessary to support on-
going contingency operations in Afghanistan or Iraq.
663 
SEC. 1083. USE OF STATE PARTNERSHIP PROGRAM FUNDS 
FOR CIVILIANS AND NON-DEFENSE AGENCY 
PERSONNEL. 
Of the funds made available to the National Guard 
for the State Partnership Program, up to $3,000,000 may 
be made available to pay travel and per diem costs associ-
ated with the participation of United States and foreign 
civilian and non-defense agency personnel in authorized 
National Guard State Partnership Program events con-
ducted both in the United States and in foreign partner 
countries. 
SEC. 1084. PROHIBITION ON THE USE OF FUNDS FOR 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 beyond low rate initial production at a prototype 
integration facility of any of the following: 
(1) The Tank Automotive Research, Develop-
ment and Engineering Center. 
(2) The United States Army Communications- 
Electronics Command. 
(3) The United States Army Aviation and Mis-
sile Command.
664 
(b) WAIVER.—The Secretary of the Army for Acqui-
sition, Logistics, and Technology may waive the prohibi-
tion under subsection (a) for a fiscal year if— 
(1) the Assistant Secretary determines that the 
waiver is necessary— 
(A) for reasons of national security; or 
(B) to rapidly acquire equipment to re-
spond to combat emergencies; and 
(2) the Assistant Secretary submits to Congress 
a notification of the waiver together with the reasons 
for the waiver. 
(c) LOW-RATE INITIAL PRODUCTION.—For purposes 
of this section, the term ‘‘low-rate initial production’’ shall 
be determined in accordance with section 2400 of title 10, 
United States Code. 
SEC. 1085. SENSE OF CONGRESS REGARDING DEPLOYMENT 
OF NATIONAL GUARD TO SOUTHWESTERN 
BORDER OF UNITED STATES. 
It is the sense of the Congress that the deployment 
of National Guard personnel (as defined in section 101(c) 
of title 10, United States Code) along the southwestern 
border of the United States for the purposes of assisting 
United States Customs and Border Protection in securing 
the international border between the United States and
665 
Mexico, should continue through the end of fiscal year 
2011. 
SEC. 1086. REAUTHORIZATION OF AUTHORITY TO USE 
FUNDS FOR REINTEGRATION ACTIVITIES IN 
AFGHANISTAN. 
(a) AUTHORITY.—Subsection (a) of section 1216 of 
the Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4392) 
is amended by striking ‘‘fiscal year 2011’’ and inserting 
‘‘fiscal year 2012’’. 
(b) EXPIRATION.—Subsection (e) of such section is 
amended by striking ‘‘December 31, 2011’’ and inserting 
‘‘December 31, 2012’’. 
SEC. 1087. RULES OF ENGAGEMENT FOR MEMBERS OF THE 
ARMED FORCES DEPLOYED IN DESIGNATED 
HOSTILE FIRE AREAS. 
The Secretary of Defense shall ensure that the rules 
of engagement applicable to members of the Armed Forces 
assigned to duty in any hostile fire area designated for 
purposes of section 310 or 351(a)(1) of title 37, United 
States Code— 
(1) fully protect the members’ right to bear 
arms; and 
(2) authorize the members to fully defend them-
selves from hostile actions.
666 
Subtitle I—Other Matters 
SEC. 1091. TREATMENT UNDER FREEDOM OF INFORMA-
TION ACT OF CERTAIN DEPARTMENT OF DE-
FENSE CRITICAL INFRASTRUCTURE SECU-
RITY INFORMATION. 
(a) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by adding after section 130e, as 
added by section 1055, the following new section: 
‘‘§ 130f. Treatment under Freedom of Information Act 
of critical infrastructure security infor-
mation 
‘‘(a) EXEMPTION.—Department of Defense critical 
infrastructure security information that, if disclosed, may 
result in the disruption, degradation, or destruction of op-
erations, property, or facilities of the Department of De-
fense, shall be exempt from disclosure pursuant to section 
552(b)(3) of title 5, if the Secretary of Defense determines 
that the public interest consideration in the disclosure of 
such information does not outweigh preventing the disclo-
sure of such information. 
‘‘(b) INFORMATION PROVIDED TO STATE AND LOCAL 
GOVERNMENTS.—Department of Defense critical infra-
structure security information obtained by a State or local 
government from a Federal agency shall remain under the 
control of the Federal agency, and a State or local law
667 
authorizing or requiring such a government to disclose in-
formation shall not apply to such critical infrastructure 
security information. 
‘‘(c) DEPARTMENT OF DEFENSE CRITICAL INFRA-
STRUCTURE SECURITY INFORMATION DEFINED.—In this 
section, the term ‘Department of Defense critical infra-
structure security information’ means sensitive but unclas-
sified information related to critical infrastructure infor-
mation owned or operated by or on behalf of the Depart-
ment of Defense that could substantially facilitate the ef-
fectiveness of an attack designed to destroy equipment, 
create maximum casualties, or steal particularly sensitive 
military weapons including information regarding the se-
curing and safeguarding of explosives, hazardous chemi-
cals, or pipelines. 
‘‘(d) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to implement this section. Such regu-
lations shall ensure the consistent application of the ex-
emption in subsection (a) across the military departments 
and that specifically identify officials in each military de-
partment who shall be delegated the Secretary’s authority 
under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item:
668 
‘‘130f. Treatment under Freedom of Information Act of certain critical infra-
structure security information.’’. 
SEC. 1092. EXPANSION OF SCOPE OF HUMANITARIAN 
DEMINING ASSISTANCE PROGRAM TO IN-
CLUDE STOCKPILED CONVENTIONAL MUNI-
TIONS ASSISTANCE. 
Section 407 of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘and 
stockpiled conventional munitions assistance’’ 
after ‘‘demining assistance’’; and 
(B) in paragraph (3)(A), by inserting ‘‘, 
stockpiled conventional munitions,’’ after ‘‘land-
mines’’; 
(2) in subsection (d)(2), by inserting ‘‘, and 
whether such assistance was primarily related to the 
humanitarian demining efforts or stockpiled conven-
tional munitions assistance’’ after ‘‘paragraph (1)’’; 
and 
(3) by striking subsection (e) and inserting the 
following new subsection (e): 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘humanitarian demining assist-
ance’, as it relates to training and support, means 
detection and clearance of landmines and other ex-
669 
plosive remnants of war, and includes activities re-
lated to the furnishing of education, training, and 
technical assistance with respect to explosive safety, 
the detection and clearance of landmines and other 
explosive remnants of war, and the disposal, demili-
tarization, physical security, and stockpile manage-
ment of potentially dangerous stockpiles of explosive 
ordnance. 
‘‘(2) The term ‘stockpiled conventional muni-
tions assistance’, as it relates to the support of hu-
manitarian assistance efforts, means training and 
support in the disposal, demilitarization, physical se-
curity, and stockpile management of potentially dan-
gerous stockpiles of explosive ordnance, and includes 
activities related to the furnishing of education, 
training, and technical assistance with respect to ex-
plosive safety, the detection and clearance of land-
mines and other explosive remnants of war, and the 
disposal, demilitarization, physical security, and 
stockpile management of potentially dangerous 
stockpiles of explosive ordnance.’’.
670 
SEC. 1093. MANDATORY IMPLEMENTATION OF THE STAND-
ING ADVISORY PANEL ON IMPROVING CO-
ORDINATION AMONG THE DEPARTMENT OF 
DEFENSE, THE DEPARTMENT OF STATE, AND 
THE UNITED STATES AGENCY FOR INTER-
NATIONAL DEVELOPMENT ON MATTERS OF 
NATIONAL SECURITY. 
Section 1054 of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4605) is amended— 
(1) in subsection (a), by striking ‘‘may’’ and in-
serting ‘‘shall’’; 
(2) in subsection (b)(5), by striking ‘‘should be’’ 
and all that follows and inserting ‘‘shall be ap-
pointed by not later than March 30, 2012.’’; 
(3) in subsection (d)— 
(A) by striking ‘‘If the advisory panel is es-
tablished under subsection (a)’’ and inserting 
‘‘By not later than March 30, 2012’’; and 
(B) by striking ‘‘, not later than 60 days 
after the date of the final appointment of the 
members of the advisory panel pursuant to sub-
section (b)(5),’’; 
(4) by striking subsection (e) and redesignating 
subsections (f) through (i) as subsections (e) 
through (h), respectively;
671 
(5) in subsection (f)(2), as so redesignated, by 
striking ‘‘Not later than December 31 of the year in 
which the interim report is submitted under para-
graph (1)’’ and inserting ‘‘Not later than December 
31 of each year during which the advisory panel op-
erates’’; 
(6) in subsection (g), as so redesignated, by 
striking ‘‘December 31, 2012’’ and inserting ‘‘De-
cember 31, 2016’’; and 
(7) in subsection (h), as so redesignated, by 
striking paragraph (3). 
SEC. 1094. NUMBER OF NAVY CARRIER AIR WINGS AND 
CARRIER AIR WING HEADQUARTERS. 
The Secretary of the Navy shall ensure that the Navy 
maintains— 
(1) a minimum of 10 carrier air wings; and 
(2) for each such carrier air wing, a dedicated 
and fully staffed headquarters. 
SEC. 1095. DISPLAY OF ANNUAL BUDGET REQUIREMENTS 
FOR ORGANIZATIONAL CLOTHING AND INDI-
VIDUAL EQUIPMENT. 
(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICA-
TION DOCUMENTS.—For fiscal year 2013 and each subse-
quent fiscal year, the Secretary of Defense shall submit 
to the President, for inclusion with the budget materials
672 
submitted to Congress under section 1105(a) of title 31, 
United States Code, a budget justification display that 
covers all programs and activities associated with the pro-
curement of organizational clothing and individual equip-
ment. 
(b) REQUIREMENTS
FOR BUDGET DISPLAY.—The 
budget justification display under subsection (a) for a fis-
cal year shall include the following: 
(1) The funding requirements in each budget 
activity and for each Armed Force for organizational 
clothing and individual equipment. 
(2) The amount in the budget for each of the 
Armed Forces for organizational clothing and equip-
ment for that fiscal year. 
(c) DEFINITION.—In this section, the term ‘‘organi-
zational clothing and individual equipment’’ means an 
item of organizational clothing or equipment prescribed 
for wear or use with the uniform. 
SEC. 1096. NATIONAL ROCKET PROPULSION STRATEGY. 
(a) FINDINGS.—Congress finds the following: 
(1) The Secretary of Defense has undertaken 
numerous reviews of the solid rocket motor and liq-
uid rocket engine propulsion industrial base, includ-
ing pursuant to—
673 
(A) section 915 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 
4329) (relating to the preservation of the solid 
rocket motor industrial base); 
(B) section 916 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 
4330) (relating to the implementation plan to 
sustain solid rocket motor industrial base); 
(C) section 917 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 
4330) (relating to the review and plan on 
sustainment of liquid rocket propulsion systems 
industrial base); 
(D) section 1078 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2479) (relating to the 
plan for sustainment of land-based solid rocket 
motor industrial base); and 
(E) section 1050 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 318) (relating to the 
report on solid rocket motor industrial base).
674 
(2) Multiple departments and agencies of the 
Federal Government rely on the solid rocket motor 
and liquid rocket engine propulsion industrial base, 
including the Department of Defense, the National 
Reconnaissance Office, and the National Aeronautics 
and Space Administration, and decisions made by 
one agency may have severe ramifications on others. 
(3) The planned end in 2011 of the Space 
Shuttle program and the decision in 2010 by the 
President to terminate the Constellation program of 
the National Aeronautics and Space Administration 
have led to increased costs for rocket propulsion sys-
tems for defense and intelligence programs that rely 
on the rocket propulsion industrial base. 
(4) According to the Air Force, the fiscal year 
2012 budget request for the Evolved Expendable 
Launch Vehicle has increased by 50 percent over the 
fiscal year 2011 request in part due to the uncer-
tainty in the launch industrial and supplier base re-
sulting from decisions by the National Aeronautics 
and Space Administration. 
(5) According to the Navy, the unit cost for 
Trident II D5 rocket motors has increased 80 per-
cent, in large part as a result of the elimination of
675 
investment by the National Aeronautics and Space 
Administration in solid rocket motors. 
(b) SENSE OF THE CONGRESS.—It is the sense of 
Congress that the sustainment of the solid rocket motor 
and liquid rocket engine industrial base is a national chal-
lenge that spans multiple departments and agencies of the 
Federal Government and requires the attention of the 
President. 
(c) STRATEGY
REQUIRED.—The President shall 
transmit to the appropriate congressional committees a 
national rocket propulsion strategy for the United States, 
including— 
(1) a description and assessment of the effects 
to programs of the Department of Defense and intel-
ligence community that rely on the solid rocket 
motor and liquid rocket engine industrial base 
caused by the end of the Space Shuttle program and 
termination of the Constellation program; 
(2) a description of the plans of the President, 
the Secretary of Defense, the intelligence commu-
nity, and the Administrator of the National Aero-
nautics and Space Administration to mitigate the 
impact of the end of the Space Shuttle program and 
termination of the Constellation program on the
676 
solid rocket motor and liquid rocket engine propul-
sion industrial base of the United States; 
(3) a consolidated plan that outlines key deci-
sion points for the current and next-generation mis-
sion requirements of the United States with respect 
to tactical and strategic missiles, missile defense 
interceptors, targets, and satellite and human 
spaceflight launch vehicles; 
(4) options and recommendations for synchro-
nizing plans, programs, and budgets for research 
and development, procurement, operations, and 
workforce among the appropriate departments and 
agencies of the Federal Government to strengthen 
the solid rocket motor and liquid rocket engine pro-
pulsion industrial base of the United States; and 
(5) any other relevant information the Presi-
dent considers necessary. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(1) The Committees on Armed Services, 
Science, Space, and Technology, Appropriations, and 
the Permanent Select Committee on Intelligence of 
the House of Representatives.
677 
(2) The Committees on Armed Services, Com-
merce, Science, and Transportation, Appropriations, 
and the Select Committee on Intelligence of the Sen-
ate. 
SEC. 1097. INCLUSION OF RELIGIOUS SYMBOLS AS PART OF 
MILITARY MEMORIALS. 
(a) AUTHORITY.—Chapter 21 of title 36, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2115. Inclusion of religious symbols as part of mili-
tary memorials 
‘‘(a) INCLUSION OF RELIGIOUS SYMBOLS AUTHOR-
IZED.—To recognize the religious background of members 
of the United States Armed Forces, religious symbols may 
be included as part of— 
‘‘(1) a military memorial that is established or 
acquired by the United States Government; or 
‘‘(2) a military memorial that is not established 
by the United States Government, but for which the 
American Battle Monuments Commission cooperated 
in the establishment of the memorial. 
‘‘(b) MILITARY MEMORIAL DEFINED.—In this sec-
tion, the term ‘military memorial’ means a memorial or 
monument commemorating the service of the United
678 
States Armed Forces. The term includes works of archi-
tecture and art described in section 2105(b) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2115. Inclusion of religious symbols as part of military memorials.’’. 
SEC. 1098. UNMANNED AERIAL SYSTEMS AND NATIONAL 
AIRSPACE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Administrator 
of the Federal Aviation Administration shall establish a 
program to integrate unmanned aircraft systems into the 
national airspace system at six test ranges. 
(b) PROGRAM REQUIREMENTS.—In establishing the 
program under subsection (a), the Administrator shall— 
(1) safely designate nonexclusionary airspace 
for integrated manned and unmanned flight oper-
ations in the national airspace system; 
(2) develop certification standards and air traf-
fic requirements for unmanned flight operations at 
test ranges; 
(3) coordinate with and leverage the resources 
of the Department of Defense and the National Aer-
onautics and Space Administration; 
(4) address both civil and public unmanned air-
craft systems;
679 
(5) ensure that the program is coordinated with 
the Next Generation Air Transportation System; 
and 
(6) provide for verification of the safety of un-
manned aircraft systems and related navigation pro-
cedures before integration into the national airspace 
system. 
(c) LOCATIONS.—In determining the location of a 
test range for the program under subsection (a), the Ad-
ministrator shall— 
(1) take into consideration geographic and cli-
matic diversity; 
(2) take into consideration the location of 
ground infrastructure and research needs; and 
(3) consult with the Department of Defense and 
the National Aeronautics and Space Administration. 
(d) REPORT.—Not later than 90 days after the date 
of completing each of the pilot projects, the Administrator 
shall submit to the appropriate congressional committees 
a report setting forth the Administrator’s findings and 
conclusions concerning the projects that includes a de-
scription and assessment of the progress being made in 
establishing special use airspace to fill the immediate need 
of the Department of Defense to develop detection tech-
niques for small unmanned aircraft systems and to vali-
680 
date sensor integration and operation of unmanned air-
craft systems. 
(e) DURATION.—The program under subsection (a) 
shall terminate on the date that is five years after the date 
of the enactment of this Act. 
(f) DEFINITION.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Transportation and Infrastruc-
ture, and the Committee on Science, Space, and 
Technology of the House of Representatives; 
and 
(B) the Committee on Armed Services and 
the Committee on Commerce, Science, and 
Transportation of the Senate. 
(2) The term ‘‘test range’’ means a defined geo-
graphic area where research and development are 
conducted. 
SEC. 1098A. REPORT TO CONGRESS ON MAINTENANCE, RE-
PAIR, AND OVERHAUL CAPABILITY OF NAVY 
UNMANNED AERIAL SYSTEMS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of the Navy shall submit 
to the congressional defense committees a report on the
681 
efforts being made to establish maintenance, repair, and 
overhaul capability for Navy unmanned aerial systems. 
SEC. 1099. SENSE OF CONGRESS REGARDING THE KILLING 
OF OSAMA BIN LADEN. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Osama bin Laden was responsible for order-
ing the attacks of September 11, 2001, that killed 
almost 3,000 American citizens. 
(2) Osama bin Laden and his terrorist organi-
zation, al-Qaeda, have been responsible for carrying 
out attacks on innocent men and women around the 
world. 
(3) The United States Special Operations Com-
mand organizes, trains, and equips Special Oper-
ations Forces and is providing those forces to the 
United States Central Command under whose oper-
ational control they serve. 
(4) Special Operations forces were able to com-
plete the mission to kill Osama bin Laden without 
United States casualties. 
(5) The killing of Osama bin Laden represents 
a milestone victory in bringing to justice the master-
mind of September 11, 2001.
682 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Special Operations Forces provide a tre-
mendous service to the Nation; and 
(2) the killing of Osama bin Laden is a major 
victory for international justice and for the United 
States in the war against terrorism and radical ex-
tremists. 
SEC. 1099A. GRANTS TO CERTAIN REGULATED COMPANIES 
FOR SPECIFIED ENERGY PROPERTY NOT 
SUBJECT TO NORMALIZATION RULES. 
(a) IN GENERAL.—The first sentence of section 
1603(f) of the American Recovery and Reinvestment Tax 
Act of 2009 is amended by inserting ‘‘(other than sub-
section (d)(2) thereof)’’ after ‘‘section 50 of the Internal 
Revenue Code of 1986’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect as if included in section 1603 
of the American Recovery and Reinvestment Tax Act of 
2009. 
SEC. 1099B. SUBMITTAL OF INFORMATION REGARDING IN-
DIVIDUALS DETAINED AT UNITED STATES 
NAVAL STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense
683 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives, and other appro-
priate committees of Congress, the following information 
in connection with individuals formerly or currently de-
tained at United States Naval Station, Guantanamo Bay, 
Cuba in the custody or under the effective control of the 
Department of Defense: 
(1) Information compiled in coordination with 
the Director of National Intelligence relating to in-
formation or reports on the locations of individuals 
who were formerly detained at Guantanamo. 
(2) Information compiled in coordination with 
the Attorney General and the Director of National 
Intelligence relating to the full Task Force assess-
ments prepared for each such individual by the 
Guantanamo Task Force established pursuant to 
Executive Order No. 13492 and any Department of 
Defense memoranda regarding the process for the 
review and transfer of such individuals. 
(3) Information compiled in coordination with 
the Director of National Intelligence regarding any 
subsequent threat assessment prepared by any ele-
ment of the intelligence community on any such in-
dividual who remains in detention or for whom a de-
cision to release or transfer is pending.
684 
(b) FORM OF SUBMISSION.—All information required 
to be submitted under this section shall be submitted— 
(1) consistent with the protection of intelligence 
sources and methods; or 
(2) if disclosure would compromise such protec-
tion, directly to the Permanent Select Committee on 
Intelligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate in 
unredacted form. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) with respect to information described in 
paragraphs (1) and (3) of subsection (a), the Per-
manent Select Committee on Intelligence of the 
House of Representatives and the Select Committee 
on Intelligence of the Senate; and 
(2) with respect to information described in 
paragraph (2) of such subsection, the Committee on 
the Judiciary and the Permanent Select Committee 
on Intelligence of the House of Representatives and 
the Committee on the Judiciary and the Select Com-
mittee on Intelligence of the Senate.
685 
SEC. 1099C. EXHUMATION AND TRANSFER OF REMAINS OF 
DECEASED 
MEMBERS 
OF 
THE 
ARMED 
FORCES BURIED IN TRIPOLI, LIBYA. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of Defense shall take whatever 
steps may be necessary to— 
(1) exhume the remains of any deceased mem-
bers of the Armed Forces of the United States bur-
ied at a burial site described in subsection (b); 
(2) transfer such remains to an appropriate 
forensics laboratory to be identified; 
(3) in the case of any remains that are identi-
fied, transport the remains to a veterans cemetery 
located in proximity, as determined by the Secretary, 
to the closest living family member of the deceased 
individual or at another cemetery as determined by 
the Secretary; 
(4) for any member of the Armed Forces whose 
remains are identified, provide a military funeral 
and burial; and 
(5) in the case of any remains that are unable 
to be identified, transport the remains to Arlington 
National Cemetery for interment at the Tomb of the 
Unknowns. 
(b) BURIAL SITES DESCRIBED.—The burial sites de-
scribed in this subsection are the following:
686 
(1) The mass burial site containing the remains 
of five United States sailors located in Protestant 
Cemetery in Tripoli, Libya. 
(2) The mass burial site containing the remains 
of eight United States sailors located near the walls 
of the Tripoli Castle in Tripoli, Libya. 
(c) EFFECTIVE DATE.—This section takes effect on 
the date on which NATO’s Operation Unified Protector 
or any successor operation terminates. 
SECTION 1099D. SENSE OF CONGRESS REGARDING THE RE-
COVERY OF THE REMAINS OF CERTAIN MEM-
BERS OF THE ARMED FORCES KILLED IN 
THURSTON ISLAND, ANTARCTICA. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Commencing August 26, 1946, though late 
February 1947 the United States Navy Antarctic 
Developments Program Task Force 68, codenamed 
‘‘Operation Highjump’’ initiated and undertook the 
largest ever-to-this-date exploration of the Antarctic 
continent. 
(2) The primary mission of the Task Force 68 
organized by Rear Admiral Richard E. Byrd Jr. 
USN, (Ret) and led by Rear Admiral Richard H. 
Cruzen, USN, was to do the following:
687 
(A) Establish the Antarctic research base 
Little America IV. 
(B) In the defense of the United States of 
America from possible hostile aggression from 
abroad - to train personnel test equipment, de-
velop techniques for establishing, maintaining 
and utilizing air bases on ice, with applicability 
comparable to interior Greenland, where condi-
tions are similar to those of the Antarctic. 
(C) Map and photograph a full two-thirds 
of the Antarctic Continent during the classified, 
hazardous duty/volunteer-only operation involv-
ing 4700 sailors, 23 aircraft and 13 ships in-
cluding the first submarine the U.S.S. Sennet, 
and the aircraft carrier the U.S.S. Philippine 
Sea, brought to the edge of the ice pack to 
launch (6) Navy ski-equipped, rocket-assisted 
R4Ds. 
(D) Consolidate and extend United States 
sovereignty over the largest practicable area of 
the Antarctic continent. 
(E) Determine the feasibility of estab-
lishing, maintaining and utilizing bases in the 
Antarctic and investigating possible base sites.
688 
(3) While on a hazardous duty/all volunteer 
mission vital to the interests of National Security 
and while over the eastern Antarctica coastline 
known as the Phantom Coast, the PBM–5 Martin 
Mariner ‘‘Flying Boat’’ ‘‘George 1’’ entered a 
whiteout over Thurston Island. As the pilot at-
tempted to climb, the aircraft grazed the glacier’s 
ridgeline and exploded within 5 seconds instantly 
killing Ensign Maxwell Lopez, Navigator and Wen-
dell ‘‘Bud’’ Hendersin, Aviation Machinists Mate 1st 
Class while Frederick Williams, Aviation Radioman 
1st Class died several hours later. Six other crewmen 
survived including the Captain of the ‘‘George 1’s’’ 
seaplane tender U.S.S. Pine Island. 
(4) The bodies of the dead were protected from 
the desecration of Antarctic scavenging birds 
(Skuas) by the surviving crew wrapping the bodies 
and temporarily burying the men under the star-
board wing engine nacelle. 
(5) Rescue requirements of the ‘‘George-1’’ sur-
vivors forced the abandonment of their crewmates’ 
bodies. 
(6) Conditions prior to the departure of Task 
Force 68 precluded a return to the area to the re-
cover the bodies.
689 
(7) For nearly 60 years Navy promised the 
families that they would recover the men: ‘‘If the 
safety, logistical, and operational prerequisites allow 
a mission in the future, every effort will be made to 
bring our sailors home.’’. 
(8) The Joint POW/MIA Accounting Command 
twice offered to recover the bodies of this crew for 
Navy. 
(9) A 2004 NASA ground penetrating radar 
overflight commissioned by Navy relocated the crash 
site three miles from its crash position. 
(10) The Joint POW/MIA Accounting Com-
mand offered to underwrite the cost of an aerial 
ground penetrating radar (GPR) survey of the crash 
site area by NASA. 
(11) The Joint POW/MIA Accounting Com-
mand studied the recovery with the recognized recov-
ery authorities and national scientists and deter-
mined that the recovery is only ‘‘medium risk’’. 
(12) National Science Foundation and sci-
entists from the University of Texas, Austin, regu-
larly visit the island. 
(13) The crash site is classified as a ‘‘perishable 
site’’, meaning a glacier that will calve into the 
Bellingshausen Sea.
690 
(14) The National Science Foundation main-
tains a presence in area - of the Pine Island Glacier. 
(15) The National Science Foundation Director 
of Polar Operations will assist and provide assets for 
the recovery upon the request of Congress. 
(16) The United States Coast Guard is pres-
ently pursuing the recovery of 3 WWII air crewmen 
from similar circumstances in Greenland. 
(17) On Memorial Day, May 25, 2009, Presi-
dent Barak Obama declared: ‘‘. . . the support of 
our veterans is a sacred trust. . . we need to serve 
them as they have served us. . . that means bring-
ing home all our POWs and MIAs. . .’’. 
(18) The policies and laws of the United States 
of America require that our armed service personnel 
be repatriated. 
(19) The fullest possible accounting of United 
States fallen military personnel means repatriating 
living American POWs and MIAs, accounting for, 
identifying, and recovering the remains of military 
personnel who were killed in the line of duty, or pro-
viding convincing evidence as to why such a repatri-
ation, accounting, identification, or recovery is not 
possible.
691 
(20) It is the responsibility of the Federal Gov-
ernment to return to the United States for proper 
burial and respect all members of the Armed Forces 
killed in the line of duty who lie in lost graves. 
(b) SENSE OF CONGRESS.— In light of the findings 
under subsection (a), Congress— 
(1) reaffirms its support for the recovery and 
return to the United States, the remains and bodies 
of all members of the Armed Forces killed in the 
line of duty, and for the efforts by the Joint POW- 
MIA Accounting Command to recover the remains of 
members of the Armed Forces from all wars, con-
flicts and missions; 
(2) recognizes the courage and sacrifice of all 
members of the Armed Forces who participated in 
Operation Highjump and all missions vital to the 
national security of the United States of America; 
(3) acknowledges the dedicated research and ef-
forts by the US Geological Survey, the National 
Science Foundation, the Joint POW/MIA Account-
ing Command, the Fallen American Veterans Foun-
dation and all persons and organizations to identify, 
locate, and advocate for, from their temporary Ant-
arctic grave, the recovery of the well-preserved fro-
zen bodies of Ensign Maxwell Lopez, Naval Aviator,
692 
Frederick Williams, Aviation Machinist’s Mate 1ST 
Class, Wendell Hendersin, Aviation Radioman 1ST 
Class of the ‘‘George 1’’ explosion and crash; and 
(4) encourages the Department of Defense to 
review the facts, research and to pursue new efforts 
to undertake all feasible efforts to recover, identify, 
and return the well-preserved frozen bodies of the 
‘‘George 1’’ crew from Antarctica’s Thurston Island. 
SEC. 1099E. REQUIREMENT THAT WRITTEN COMMUNICA-
TIONS FROM CONGRESS BE MADE PUBLIC BY 
DEPARTMENT OF DEFENSE. 
Any written communication from Congress, including 
a committee of the Senate or the House of Representa-
tives, a member of Congress, an officer of Congress, or 
a congressional staff member, recommending that funds 
be committed, obligated, or expended on any project with-
in a program element set forth in the funding tables in 
division D of this Act shall be made publicly available on 
the Internet by the receiving entity of the Department of 
Defense, not later than 30 days after receipt of such com-
munication.
693 
SEC. 1099F. SENSE OF CONGRESS REGARDING DEPLOY-
MENT OF ARMED FORCES WITHOUT CONSID-
ERABLE DELIBERATION. 
It is the sense of the Congress that before voting be-
gins with respect to funding of any deployment of the 
Armed Forces, Members of the Congress— 
(1) should designate a time period in which 
Members consider the cultures, religions, ethnicities, 
geographies, histories, and politics of nations and re-
gions in which the Armed Forces are engaged or are 
proposed to engage in military action; 
(2) should be given access to in-depth briefings 
on the information described in paragraph (1); and 
(3) fully consider and appreciate the enormous 
complexities and uncertainties inherent in the mili-
tary engagements of the United States in certain re-
gions, in particular the Middle East. 
SEC. 1099G. SENSE OF CONGRESS REGARDING THE ESTAB-
LISHMENT OF A KOREAN WAR NATIONAL MU-
SEUM. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Korean War was fought between the 
Republic of Korea, with the assistance of 16 dif-
ferent nations including the United States, and the
694 
Democratic People’s Republic of Korea and People’s 
Republic of China from June 1950 to July 1953. 
(2) This conflict was prompted by the invasion 
of the Republic of Korea by the communist Demo-
cratic People’s Republic of Korea. 
(3) 5,700,000 Americans served during the war 
and 36,574 died in the conflict, making it the fifth 
deadliest war in United States history. 
(4) 133 Congressional Medals of Honor were 
awarded for service during the conflict. 
(5) The first integration of black and white 
American members of the Armed Forces in combat 
occurred during the Korean War. 
(6) The first use of helicopters and the first air- 
to-air combat between modern jets occurred during 
the Korean War. 
(7) There are currently an estimated 2,440,000 
living American veterans of the Korean War. 
(8) The United Nations deployed troops into 
combat for the first time during the Korean War. 
(9) The conflict marked the first armed strug-
gle between democracy and communism, as well as 
the first time the advance of communism was halted. 
(10) After the signing of the Armistice Agree-
ment on July 27, 1953, ending hostilities, there was
695 
established the Demilitarized Zone, which has al-
lowed the Republic of Korea to grow into a dynamic 
and stable democracy while situated on the border of 
one of the least free countries in the modern world. 
(11) An official national museum honoring the 
conflict and all those who served does not currently 
exist. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) efforts to increase education and public 
awareness of the Korean War and to honor and pro-
mote gratitude for those who served in the Korean 
War should be encouraged; 
(2) the people who have demonstrated leader-
ship and spearheaded the development of a museum 
to promote awareness of the Korean War and honor 
those who served in it should be commended; and 
(3) a national museum, to be located in Chi-
cago, Illinois, should be established to— 
(A) educate visitors on the service, sac-
rifices, and contributions of those who fought in 
Korea; 
(B) honor Korean War veterans; 
(C) preserve the legacy and history of the 
Korean War conflict; and
696 
(D) celebrate the advances in democracy 
and freedom made by the people of the Repub-
lic of Korea. 
SEC. 1099H. INTERAGENCY COLLABORATION. 
The Assistant Secretary of Defense for Research and 
Engineering shall collaborate with the Under Secretary for 
Science and Technology of the Department of Homeland 
Security to identify equipment and technology used by the 
Department of Defense that could be used by U.S. Cus-
toms and Border Protection to improve the security of the 
international borders between the United States and Mex-
ico, and the United States and Canada, by— 
(1) detecting anomalies such as tunnels and 
breaches in perimeter security; 
(2) detecting the use of unauthorized vehicles; 
(3) enhancing wide-area surveillance; 
(4) using autonomous vehicles for security; and 
(5) otherwise improving the enforcement of 
such borders. 
SEC. 1099I. DESIGNATION OF ‘‘TAPS’’ AS NATIONAL SONG OF 
REMEMBRANCE. 
(a) DESIGNATION.—Chapter 3 of title 36, United 
States Code, is amended by adding at the end the fol-
lowing new section:
697 
‘‘§ 306. National Song of Remembrance 
‘‘(a) DESIGNATION.—The bugle call commonly 
known as ‘Taps’, consisting of 24 notes sounded on a 
bugle or trumpet performed by a solo bugler or trumpeter 
without accompaniment or embellishment, is the National 
Song of Remembrance. 
‘‘(b) CONDUCT DURING SOUNDING.— 
‘‘(1) IN GENERAL.—During a performance of 
‘Taps’ at a military funeral, memorial service, or 
wreath laying— 
‘‘(A) all present, except persons in uni-
form, should stand at attention with the right 
hand over the heart; 
‘‘(B) men not in uniform should remove 
their headdress with their right hand and hold 
the headdress at the left shoulder, the hand 
being over the heart; and 
‘‘(C) persons in uniform should stand at 
attention and give the military salute at the 
first note of ‘Taps’ and maintain that position 
until the last note. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply when ‘Taps’ is sounded as the final bugle call 
of the day at a military base. 
‘‘(c) DEFINITION OF MILITARY BASE.—In this sec-
tion, the term ‘military base’ means a base, camp, post,
698 
station, yard, center, homeport facility for any ship, or 
other activity under the jurisdiction of the Department of 
Defense, including any leased facility.’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CHAPTER HEADING.—The heading of chap-
ter 3 of title 36, United States Code, is amended to 
read as follows: 
‘‘CHAPTER 3—NATIONAL ANTHEM, MOTTO, 
AND OTHER NATIONAL DESIGNATIONS’’. 
(2) TABLE OF CHAPTERS.—The item relating 
to chapter 3 in the table of chapters for such title 
is amended to read as follows: 
‘‘3. National Anthem, Motto, and Other National Designations .............
301’’. 
(3) TABLE OF SECTIONS.—The table of sections 
at the beginning of such chapter is amended by add-
ing at the end the following new item: 
‘‘306. National Song of Remembrance.’’. 
SEC. 1099J. 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;
699 
(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 Authori-
ties and incidence management missions; 
(B) relationships with other entities in-
volved in disaster response; and 
(C) its ability to respond to unforeseen 
events. 
SEC. 1099K. OFFICIAL RECOGNITION OF SALEM, MASSA-
CHUSETTS, AS THE BIRTHPLACE OF THE NA-
TIONAL GUARD OF THE UNITED STATES. 
(a) FINDINGS.—Congress makes the following find-
ings:
700 
(1) In 1629, Captain John Endicott organized 
the first militia in the Massachusetts Bay Colony in 
Salem. 
(2) The colonists had adopted the English mili-
tia system, which required all males between the 
ages of 16 and 60 to possess arms and participate 
in the defense of the community. 
(3) In 1636, the Massachusetts General Court 
ordered the organization of three militia regiments, 
designated as the North, South, and East regiments. 
(4) These regiments drilled once a week and 
provided guard details each evening to sound the 
alarm in case of attack. 
(5) The East Regiment, the predecessor of the 
101st Engineer Battalion, assembled as a regiment 
for the first time in 1637 on the Salem Common, 
marking the beginning of the Massachusetts Na-
tional Guard and the National Guard of the United 
States. 
(6) Since 1785, Salem’s own Second Corps of 
Cadets (101st and 102nd Field Artillery) has cele-
brated the anniversary of that first muster. 
(7) As the policy contained in section 102 of 
title 32, United States Code, clearly expresses, the 
National Guard continues its historic mission of pro-
701 
viding units for the first line defense of the United 
States and current missions throughout the world. 
(8) The designation of the City of Salem, Mas-
sachusetts, as the Birthplace of the National Guard 
of the United States will contribute positively to 
tourism and economic development in the city, create 
jobs, and instill pride in both the local and State 
communities. 
(b) RECOGNITION.—Section 102 of title 32, United 
States Code, is amended— 
(1) by striking ‘‘In accordance’’ and inserting 
‘‘(a) STATEMENT OF POLICY.—In accordance’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) RECOGNITION OF SALEM, MASSACHUSETTS, AS 
NATIONAL GUARD BIRTHPLACE.—The City of Salem, 
Massachusetts, the site of the first muster of a militia 
regiment in 1637 in what became the United States, is 
hereby recognized as the Birthplace of the National Guard 
of the United States.’’. 
SEC. 1099L. REPORT ON THE MANUFACTURING POLICY OF 
THE UNITED STATES. 
(a) FINDINGS.—Congress finds the following: 
(1) For many years, manufacturing has been 
the backbone of the United States economy, leading
702 
to good jobs, technological innovation, and the pro-
duction of high quality commodities. 
(2) In addition, the superiority of the United 
States manufacturing industry ensured a reliable 
supply of raw and finished goods to support the de-
fense and security operations of the United States 
Government. 
(3) Over the past few decades, the manufac-
turing industry of the United States and the jobs as-
sociated with it have suffered a dramatic decline as 
manufacturing processes have been outsourced to 
foreign nations. 
(4) This decrease in domestic manufacturing 
capability has forced the Department of Defense to 
acquire supplies and materials necessary for the na-
tional defense from foreign companies and govern-
ments, thereby subjecting the critical defense needs 
of the United States to geopolitical forces beyond its 
control. 
(b) SUBMISSION TO CONGRESS OF REPORT ON THE 
MANUFACTURING INDUSTRY OF THE UNITED STATES.— 
(1) SUBMISSION REQUIRED.—The Secretary of 
Defense shall submit to Congress a report on the 
manufacturing industry of the United States. Such 
report shall be submitted as soon as is practicable,
703 
but not later than the end of the 180-day period be-
ginning on the date of the enactment of this Act. 
(2) NOTICE OF SUBMISSION.—If before the end 
of the 180-day period specified in paragraph (1) the 
Secretary determines that the report required by 
that paragraph cannot be submitted by the end of 
such period as required by such paragraph, the Sec-
retary shall (before the end of such period) submit 
to Congress a report setting forth— 
(A) the reasons why the report cannot be 
submitted by the end of such 180-day period; 
and 
(B) an estimated date for the submission 
of the report. 
(3) FORM.—The report under paragraph (1) 
shall be submitted in an unclassified form, but may 
include a classified annex. Consistent with the pro-
tection of intelligence sources and methods, an un-
classified summary of the key judgments of the re-
port may be submitted. 
(4) ELEMENTS.—The report submitted under 
paragraph (1) shall include the following: 
(A) An assessment of the current manufac-
turing capacity of the United States as it re-
704 
lates to the ability of the United States to re-
spond to both civilian and defense needs. 
(B) An assessment of tax, trade, and regu-
latory policies as they impact the growth of the 
manufacturing industry in the United States. 
(C) An analysis of the factors leading to 
the increased outsourcing of manufacturing 
processes to foreign nations. 
(D) 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 and 
weak points of that supply chain. 
(E) An analysis of the capacity of the civil-
ian manufacturing industry to fulfill defense 
manufacturing needs when necessary. 
(F) An analysis of the ability of the United 
States to access necessary raw materials for the 
defense industry, including rare earth minerals. 
(G) A quantitative analysis of the position 
of the United States relative to the global de-
fense market. 
(H) An analysis of the changes in supply- 
side 
economics 
resulting 
from 
shifts 
in 
globalization trends.
705 
(I) An analysis of the vulnerability of the 
United States defense products that could po-
tentially be corrupted by malicious software, 
such as spyware, malware, and viruses. 
(J) A quantitative analysis of the risk fac-
ing the defense supply chain of the United 
States and the processes currently in place to 
manage such risk. 
(c) PRESIDENTIAL REPORT ON POLICY OBJECTIVES 
AND
UNITED
STATES
STRATEGY
REGARDING
THE 
UNITED STATES MANUFACTURING INDUSTRY.— 
(1) REPORT REQUIRED.—As soon as is prac-
ticable, but not later than 180 days after the date 
of the enactment of this Act, the President shall 
submit to Congress a report on— 
(A) the objectives of United States policy 
regarding the manufacturing industry of the 
United States; and 
(B) the strategy for achieving those objec-
tives. 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(3) ELEMENTS.—The report submitted under 
paragraph (1) shall—
706 
(A) address the role of diplomacy, incen-
tives, sanctions, other punitive measures and in-
centives, and other programs and activities re-
lating to the manufacturing industry of the 
United States for which funds are provided by 
Congress; and 
(B) summarize United States planning re-
garding the range of possible United States ac-
tions in support of United States policy objec-
tives with respect to the manufacturing indus-
try of the United States. 
SEC. 1099M. CLOSING OF NATIONAL DRUG INTELLIGENCE 
CENTER. 
Section 9078 of the Department of Defense Appro-
priations Act, 1993 (Public Law 102–396; 106 Stat. 
1919) is amended by striking ‘‘There is established’’ and 
all that follows through ‘‘That section 8083’’ and inserting 
‘‘Section 8083’’. 
SEC. 1099N. SUNKEN MILITARY CRAFT. 
Section 1408(3) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (10 
U.S.C. 113 note) is amended— 
(1) in subparagraph (A), by inserting ‘‘, that 
was’’ before ‘‘on military noncommercial service’’; 
and
707 
(2) in subparagraph (B), by inserting a comma 
before ‘‘that was owned or operated’’. 
SEC. 1099O. PROCLAMATION FOR NATIONAL DAY OF 
HONOR TO CELEBRATE MEMBERS OF THE 
ARMED FORCES RETURNING FROM IRAQ, AF-
GHANISTAN, AND OTHER COMBAT AREAS. 
The President shall designate a day entitled a Na-
tional Day of Honor to celebrate members of the Armed 
Forces who are returning from deployment in support of 
Iraq, Afghanistan, and other combat areas. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
SEC. 1101. AMENDMENTS TO DEPARTMENT OF DEFENSE 
PERSONNEL AUTHORITIES. 
(a) CAREER PATHS.—Section 9902(a)(1) of title 5, 
United States Code, is amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(2) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) Development of attractive career paths.’’. 
(b) APPOINTMENT FLEXIBILITIES.—Section 9902(b) 
of title 5, United States Code, is amended by adding at 
the end the following:
708 
‘‘(5) The Secretary shall develop a training program 
for Department of Defense human resource professionals 
to implement the requirements in this subsection. 
‘‘(6) The Secretary shall develop indicators of effec-
tiveness to determine whether appointment flexibilities 
under this subsection have achieved the objectives set 
forth in paragraph (1).’’. 
(c) ADDITIONAL REQUIREMENTS.—Section 9902(c) 
of title 5, United States Code, is amended— 
(1) by redesignating paragraphs (6) and (7) as 
paragraphs (8) and (9), respectively; and 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) provide mentors to advise individuals on 
their career paths and opportunities to advance and 
excel within their fields; 
‘‘(7) develop appropriate procedures for warn-
ings during performance evaluations for employees 
who fail to meet performance standards;’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TECHNICAL AMENDMENT.—The heading for 
chapter 99 of title 5, United States Code, is amend-
ed to read as follows:
709 
‘‘CHAPTER 99—DEPARTMENT OF DEFENSE 
PERSONNEL AUTHORITIES’’. 
(2) CONFORMING AMENDMENT.—The table of 
chapters for part III of title 5, United States Code, 
is amended by striking the item relating to chapter 
99 and inserting the following: 
‘‘99. Department of Defense Personnel Authorities ................................. 9901’’. 
SEC. 1102. PROVISIONS RELATING TO THE DEPARTMENT 
OF DEFENSE PERFORMANCE MANAGEMENT 
SYSTEM. 
(a) IN GENERAL.—Section 9902 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(h) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the implementation of any performance management 
and workforce incentive system under subsection (a) 
or any procedures relating to personnel appointment 
flexibilities under subsection (b) (whichever is ear-
lier), and whenever any significant action is taken 
under any of the preceding provisions of this section 
(but at least biennially) thereafter, the Secretary 
shall— 
‘‘(A) conduct appropriately designed and 
statistically valid internal assessments or em-
ployee surveys to assess employee perceptions of
711 
‘‘(i) an independent evaluation of the 
results of the assessments or surveys re-
viewed under subparagraph (A), and 
‘‘(ii) the findings of the Comptroller 
General based on the review under sub-
paragraph (B), 
together with any recommendations the Comp-
troller General considers appropriate. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘appropriate committees of Con-
gress’ means— 
‘‘(A) the Committees on Armed Services of 
the Senate and the House of Representatives; 
‘‘(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
‘‘(C) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives.’’. 
(b) AMENDMENT
RELATING
TO
CERTAIN
RE-
PORTS.—Section 1113(e) of the National Defense Author-
ization Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2502) is amended to read as follows: 
‘‘(e) REPORTS.—The Secretary of Defense shall sub-
mit to the covered committees (as defined by subsection 
(g)(6))—
712 
‘‘(1) no later than 6 months after the date of 
enactment of this Act, a report on the initial steps 
being taken to reclassify positions from the NSPS 
and the initial conversion plan to begin converting 
employees from the NSPS, which information shall 
be supplemented by reports describing the progress 
of the conversion process which shall be submitted to 
the same committees on a semiannual basis until the 
conversion is fully completed; 
‘‘(2) no later than 12 months after the date of 
enactment of this Act and semiannually thereafter 
until fully implemented— 
‘‘(A) a plan for the personnel management 
system, as authorized by section 9902(a) of title 
5, United States Code (as amended by this sec-
tion); and 
‘‘(B) progress reports on the design and 
implementation of the personnel management 
system (as described in subparagraph (A)); and 
‘‘(3) no later than 12 months after the date of 
enactment of this Act and semiannually thereafter 
until fully implemented— 
‘‘(A) a plan for the appointment proce-
dures, as authorized by section 9902(b) of such 
title 5 (as so amended); and
713 
‘‘(B) progress reports on the design and 
implementation of the appointment procedures 
(as described in subparagraph (A)). 
Implementation of a plan described in paragraph (2)(A) 
may not commence before the 90th day after the date on 
which such plan is submitted under this subsection to the 
covered committees.’’. 
(c) REPEAL OF SUPERSEDED PROVISION.—Section 
1106(b) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 357), 
as amended by section 1113(h) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2503), is repealed. 
SEC. 1103. REPEAL OF SUNSET PROVISION RELATING TO 
DIRECT HIRE AUTHORITY AT DEMONSTRA-
TION LABORATORIES. 
Section 1108 of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 10 U.S.C. 1580 note) is amended by striking 
subsection (e). 
SEC. 1104. DENIAL OF CERTAIN PAY ADJUSTMENTS FOR 
UNACCEPTABLE PERFORMANCE. 
(a) ANNUAL PAY ADJUSTMENTS.—Section 5303 of 
title 5, United States Code, is amended by adding at the 
end the following:
714 
‘‘(h)(1) Notwithstanding any other provision of this 
section, an adjustment under this section shall not be 
made in the case of any employee having an unacceptable 
performance rating. 
‘‘(2) For purposes of administering any provision of 
law, rule, or regulation which— 
‘‘(A) provides premium pay, retirement, life in-
surance, or other employee benefit, which requires 
any deduction or contribution, 
‘‘(B) imposes any requirement or limitation, or 
‘‘(C) requires any other computation (such as 
under section 5304(c)(1)(B)), 
on the basis of a rate of basic pay, the rate of basic pay 
payable after the application of paragraph (1) shall be 
treated as the rate of basic pay for the employee in-
volved.’’. 
(b) REGULATIONS.—The Director of the Office of 
Personnel Management may prescribe any regulations 
necessary to carry out the purposes of this section. 
SEC. 1105. REVISIONS TO BENEFICIARY DESIGNATION PRO-
VISIONS FOR DEATH GRATUITY PAYABLE 
UPON DEATH OF A GOVERNMENT EMPLOYEE. 
(a) AUTHORITY TO DESIGNATE MORE THAN 50 PER-
CENT OF DEATH GRATUITY TO UNRELATED PERSONS.—
715 
Section 8102a(d)(4) of title 5, United States Code, is 
amended— 
(1) in the first sentence— 
(A) by striking ‘‘covered by this section’’ 
and inserting ‘‘covered by subsection (a)’’; and 
(B) by striking ‘‘not more than 50 percent 
of the amount payable under this section’’ and 
inserting ‘‘all or a portion of the amount pay-
able under this section’’; 
(2) in the second sentence, by striking ‘‘50 per-
cent,’’ and inserting ‘‘100 percent,’’; and 
(3) in the third sentence, by inserting ‘‘(if 
any)’’ after ‘‘gratuity’’. 
(b) NOTICE TO SPOUSE OF DESIGNATION OF AN-
OTHER PERSON TO RECEIVE PORTION OF DEATH GRA-
TUITY.—Section 8102a(d) of title 5, United States Code, 
is further amended by adding at the end the following: 
‘‘(6) If a person covered by subsection (a) has 
a spouse, but makes a designation under paragraph 
(4) for a person other than the spouse to receive all 
or a portion of the amount payable under this sec-
tion, the head of the agency, or other entity, in 
which that person is employed shall provide notice of 
the designation to the spouse.’’.
716 
SEC. 1106. EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
LIMITATION ON PREMIUM PAY AND AGGRE-
GATE LIMITATION ON PAY FOR FEDERAL CI-
VILIAN EMPLOYEES WORKING OVERSEAS. 
Effective as of January 1, 2011, section 1101(a) of 
the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4615), as amended by section 1106(a) of the National De-
fense Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2487), is amended by striking ‘‘cal-
endar years 2009 and 2010’’ and inserting ‘‘calendar 
years 2011 and 2012’’. 
SEC. 1107. WAIVER OF CERTAIN PAY LIMITATIONS. 
Section 9903(d) of title 5, United States Code, is 
amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) An employee appointed under this section is not 
eligible for any bonus, monetary award, or other monetary 
incentive for service, except for— 
‘‘(A) payments authorized under this section; 
and 
‘‘(B) in the case of an employee who is assigned 
in support of a contingency operation (as defined in 
section 101(a)(13) of title 10), allowances and any 
other payments authorized under chapter 59.’’; and
717 
(2) in paragraph (3), by adding at the end the 
following: ‘‘In computing an employee’s total annual 
compensation for purposes of the preceding sen-
tence, any payment referred to in paragraph (2)(B) 
shall be excluded.’’. 
SEC. 1108. SERVICES OF POST-COMBAT CASE COORDINA-
TORS. 
(a) IN GENERAL.—Chapter 79 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 7906. Services of post-combat case coordinators 
‘‘(a) DEFINITIONS.—For purposes of this section— 
‘‘(1) the terms ‘employee’, ‘agency’, ‘injury’, 
‘war-risk hazard’, and ‘hostile force or individual’ 
have the meanings given those terms in section 
8101; and 
‘‘(2) the term ‘qualified employee’ means an 
employee as described in subsection (b). 
‘‘(b) REQUIREMENT.—The head of each agency shall, 
in a manner consistent with the guidelines prescribed 
under subsection (c), provide for the assignment of a post- 
combat case coordinator in the case of any employee of 
such agency who suffers an injury or disability incurred, 
or an illness contracted, while in the performance of such 
employee’s duties, as a result of a war-risk hazard or dur-
718 
ing or as a result of capture, detention, or other restraint 
by a hostile force or individual. 
‘‘(c) GUIDELINES.—The Office of Personnel Manage-
ment shall, after such consultation as the Office considers 
appropriate, prescribe guidelines for the operation of this 
section. Under the guidelines, the responsibilities of a 
post-combat case coordinator shall include— 
‘‘(1) acting as the main point of contact for 
qualified employees seeking administrative guidance 
or assistance relating to benefits under chapter 81 
or 89; 
‘‘(2) assisting qualified employees in the collec-
tion of documentation or other supporting evidence 
for the expeditious processing of claims under chap-
ter 81 or 89; 
‘‘(3) assisting qualified employees in connection 
with the receipt of prescribed medical care and the 
coordination of benefits under chapter 81 or 89; 
‘‘(4) resolving problems relating to the receipt 
of benefits under chapter 81 or 89; and 
‘‘(5) ensuring that qualified employees are 
properly screened and receive appropriate treat-
ment—
719 
‘‘(A) for post-traumatic stress disorder or 
other similar disorder stemming from combat 
trauma; or 
‘‘(B) for suicidal or homicidal thoughts or 
behaviors. 
‘‘(d) DURATION.—The services of a post-combat case 
coordinator shall remain available to a qualified employee 
until— 
‘‘(1) such employee accepts or declines a rea-
sonable offer of employment in a position in the em-
ployee’s agency for which the employee is qualified, 
which is not lower than 2 grades (or pay levels) 
below the employee’s grade (or pay level) before the 
occurrence or onset of the injury, disability, or ill-
ness (as referred to in subsection (a)), and which is 
within the employee’s commuting area; or 
‘‘(2) such employee gives written notice, in such 
manner as the employing agency prescribes, that 
those services are no longer desired or necessary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 79 of title 5, United States Code, is amended 
by adding after the item relating to section 7905 the fol-
lowing: 
‘‘7906. Services of post-combat case coordinators.’’.
720 
SEC. 1109. AUTHORITY TO WAIVE RECOVERY OF CERTAIN 
PAYMENTS MADE UNDER CIVILIAN EMPLOY-
EES VOLUNTARY SEPARATION INCENTIVE 
PROGRAM. 
(a) WAIVER AUTHORITY.—Subject to subsection (c), 
the Secretary of Defense may waive the requirement under 
subsection (f)(6)(B) of section 9902 of title 5, United 
States Code, for repayment to the Department of Defense 
of a voluntary separation incentive payment made under 
subsection (f)(1) of such section 9902 in the case of an 
employee or former employee of the Department of De-
fense described in subsection (b). 
(b) PERSONS COVERED.—Subsection (a) applies to 
any employee or former employee of the Department of 
Defense who— 
(1) during the period beginning on April 1, 
2004, and ending on March 1, 2008, received a vol-
untary separation incentive payment under section 
9902(f)(1) of title 5, United States Code; 
(2) during the period beginning on June 1, 
2004, and ending on May 1, 2008, was reappointed 
to a position in the Department of Defense to sup-
port a declared national emergency related to ter-
rorism or a natural disaster; and 
(3) as determined by the Secretary of De-
fense—
721 
(A) before accepting the reappointment re-
ferred to in paragraph (2), received a written 
representation from an officer or employee of 
the Department of Defense that recovery of the 
amount of the payment referred to in para-
graph (1) would not be required or would be 
waived; and 
(B) reasonably relied on that representa-
tion in accepting the reappointment. 
(c) REQUIRED DETERMINATION.—The Secretary of 
Defense may grant a waiver under subsection (a) only if 
the Secretary determines that recovery of the payment in-
volved would be against equity and good conscience or 
would be contrary to the best interests of the United 
States. 
(d) DISCRETIONARY AUTHORITY.—In the case of an 
employee or former employee who is described in sub-
section (b), and who, before the date of enactment of this 
Act, repaid any amount of a voluntary separation incentive 
payment made under section 9902(f)(1) of title 5, United 
States Code, the Secretary of Defense may grant a waiver 
in accordance with the subsections (a) through (c) and 
make a refund, out of any appropriation or fund available 
for that purpose, of any portion of such amount which 
the Secretary in his sole discretion considers appropriate.
722 
SEC. 1110. EXTENSION OF CONTINUED HEALTH BENEFITS. 
Section 8905a(d)(4)(B) of title 5, United States 
Code, is amended— 
(1) by striking ‘‘December 31, 2011’’ each 
place it appears and inserting ‘‘December 31, 
2016’’; and 
(2) in clause (ii), by striking ‘‘February 1, 
2012’’ and inserting ‘‘February 1, 2017’’. 
SEC. 1111. AUTHORITY TO WAIVE MAXIMUM AGE LIMIT FOR 
CERTAIN APPOINTMENTS. 
Section 3307(e) of title 5, United States Code, is 
amended— 
(1) by striking ‘‘(e) The’’ and inserting ‘‘(e)(1) 
Except as provided in paragraph (2), the’’; and 
(2) by adding at the end the following: 
‘‘(2)(A) In the case of the conversion of an agency 
function from performance by a contractor to performance 
by an employee of the agency, the head of the agency may 
waive any maximum limit of age, determined or fixed for 
positions within such agency under paragraph (1), if nec-
essary in order to promote the recruitment or appointment 
of experienced personnel. 
‘‘(B) For purposes of this paragraph— 
‘‘(i) the term ‘agency’ means the Department of 
Defense or a military department; and
723 
‘‘(ii) the term ‘head of the agency’ means the 
Secretary of Defense or the Secretary of a military 
department.’’. 
SEC. 1112. SENSE OF CONGRESS RELATING TO PAY PARITY 
FOR FEDERAL EMPLOYEES SERVING AT CER-
TAIN REMOTE MILITARY INSTALLATIONS. 
It is the sense of Congress that the Secretary of De-
fense and the Director of the Office of Personnel Manage-
ment should develop procedures for determining locality 
pay for employees of the Department of Defense in cir-
cumstances that may be unique to such employees, such 
as the assignment of employees to a military installation 
so remote from the nearest established communities or 
suitable places of residence as to handicap significantly the 
recruitment or retention of well qualified individuals, due 
to the difference between the cost of living at the post of 
assignment and the cost of living in the locality or local-
ities where such employees generally reside. 
SEC. 1113. REPORTS BY OFFICE OF SPECIAL COUNSEL. 
(a) IN GENERAL.—Section 1213(e) of title 5, United 
States Code, is amended by striking paragraphs (3) and 
(4) and inserting the following: 
‘‘(3) The Special Counsel shall transmit to the Presi-
dent and the congressional committees with jurisdiction
724 
over the agency which the disclosure (referred to in sub-
section (a)) involves— 
‘‘(A) a concise summary of any report received 
from such agency under subsection (c) in connection 
with such disclosure; or 
‘‘(B) if a report is not received within the time 
prescribed in subsection (c)(2), written notice to that 
effect. 
The Special Counsel may include, as part of any trans-
mission under subparagraph (A) or (B), any additional in-
formation or documentation which the Special Counsel 
considers appropriate.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply in the case of any agency report 
which is due or received by the Office of Special Counsel 
after the end of the 30-day period beginning on the date 
of the enactment of this Act. 
SEC. 1114. DISCLOSURE OF SENIOR MENTORS. 
(a) REQUIREMENT TO DISCLOSE NAMES OF SENIOR 
MENTORS.—The Secretary of Defense shall disclose the 
names of senior mentors serving in the Department of De-
fense by publishing a list of the names on the publicly 
available website of the Department of Defense. The list 
shall be updated at least quarterly.
725 
(b) SENIOR MENTOR DEFINED.—In this section, the 
term ‘‘senior mentor’’ has the meaning provided in the 
memorandum from the Secretary of Defense relating to 
policy on senior mentors, dated April 1, 2010. 
SEC. 1115. TERMINATION OF JOINT SAFETY CLIMATE AS-
SESSMENT SYSTEM. 
Effective as of October 1, 2011, or the date of the 
enactment of this Act, whichever is later, the Joint Safety 
Climate Assessment System of the Department of Defense 
is terminated. 
SEC. 1116. FEDERAL INTERNSHIP PROGRAMS. 
(a) IN GENERAL.—Subchapter I of chapter 31 of title 
5, United States Code, is amended by inserting after sec-
tion 3111 the following: 
‘‘§ 3111a. Federal internship programs 
‘‘(a) INTERNSHIP COORDINATOR.—The head of each 
agency operating an internship program shall appoint an 
individual within such agency to serve as an internship 
coordinator. 
‘‘(b) ONLINE INFORMATION.— 
‘‘(1) AGENCIES.—The Office of Personnel Man-
agement shall make publicly available on the Inter-
net— 
‘‘(A) the name and contact information of 
the internship coordinator for each agency; and
726 
‘‘(B) information regarding application 
procedures and deadlines for each internship 
program. 
‘‘(2) OFFICE OF PERSONNEL MANAGEMENT.— 
The Office of Personnel Management shall make 
publicly available on the Internet links to the 
websites where the information described in para-
graph (1) is displayed. 
‘‘(c) CENTRALIZED DATABASE.—The Office shall es-
tablish and maintain a centralized electronic database that 
contains the names, contact information, and relevant 
skills of individuals who have completed or are nearing 
completion of an internship program and are currently 
seeking full-time Federal employment. 
‘‘(d) EXIT INTERVIEW REQUIREMENT.—The agency 
operating an internship program shall conduct an exit 
interview, and administer a survey (which shall be in con-
formance with such guidelines or requirements as the Of-
fice shall establish to ensure uniformity across agencies), 
with each intern who completes such program. 
‘‘(e) REPORT.— 
‘‘(1) IN GENERAL.—The head of each agency 
operating an internship program shall annually sub-
mit to the Office a report assessing such internship 
program.
727 
‘‘(2) CONTENTS.—Each report required under 
paragraph (1) for an agency shall include, for the 1- 
year period ending on September 1 of the year in 
which the report is submitted— 
‘‘(A) the number of interns who partici-
pated in an internship program at such agency; 
‘‘(B) information regarding the demo-
graphic characteristics of interns at such agen-
cy, including educational background; 
‘‘(C) a description of the steps taken by 
such agency to increase the percentage of in-
terns who are offered permanent Federal jobs 
and the percentage of interns who accept the 
offers of such jobs, and any barriers encoun-
tered; 
‘‘(D) a description of activities engaged in 
by such agency to recruit new interns, including 
locations and methods; 
‘‘(E) a description of the diversity of work 
roles offered within internship programs at such 
agency; 
‘‘(F) a description of the mentorship por-
tion of such internship programs; and 
‘‘(G) a summary of exit interviews con-
ducted and surveys administered by such agen-
728 
cy with respect to interns upon their completion 
of an internship program at such agency. 
‘‘(3) SUBMISSION.—Each report required under 
paragraph (1) shall be submitted to the Office be-
tween September 1 and September 30 of each year. 
Not later than December 30 of each year, the Office 
shall submit to Congress a report summarizing the 
information submitted to the Office in accordance 
with paragraph (1) for such year. 
‘‘(f) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘internship program’ means— 
‘‘(A) a volunteer service program under 
section 3111(b); 
‘‘(B) the Student Educational Employment 
Program (hereinafter ‘SCEP’), as established 
under section 213.3202 of title 5 of the Code 
of Federal Regulations (as in effect on January 
1, 2009); and 
‘‘(C) a program operated by a nongovern-
ment organization for the purpose of providing 
paid internships in agencies pursuant to a writ-
ten agreement comparable to an SCEP agree-
ment under section 213.3202(b)(12) of title 5 
of the Code of Federal Regulations (as in effect 
on January 1, 2009);
729 
‘‘(2) the term ‘intern’ means an individual par-
ticipating in an internship program; and 
‘‘(3) the term ‘agency’ means an Executive 
agency.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 31 of title 5, United States Code, is amended 
by inserting after the item relating to section 3111 the 
following: 
‘‘3111a. Federal internship programs.’’. 
TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS 
Subtitle A—Assistance and 
Training 
SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF 
SPECIAL 
OPERATIONS 
TO 
COMBAT 
TER-
RORISM. 
(a) AUTHORITY.—Subsection (a) of section 1208 of 
the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 
2086), as most recently amended by section 1201 of the 
Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 4385), is fur-
ther amended by striking ‘‘$45,000,000’’ and inserting 
‘‘$50,000,000’’. 
(b) EXTENSION.—Subsection (h) of such section, as 
most recently amended by section 1208(c) of the Duncan
730 
Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4626), is fur-
ther amended by striking ‘‘2013’’ and inserting ‘‘2014’’. 
(c) BRIEFING AND REPORT.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall provide to the Committees on Armed 
Services of the Senate and House of Representatives a 
briefing and a report that outlines future requirements for 
the authorities contained in section 1208 of the Ronald 
W. Reagan National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108–375; 118 Stat.2086) (as 
amended by this section), authorities similar to the au-
thorities contained in section 1208 of such Act, and au-
thorities to support special operations counterterrorism, 
unconventional warfare, and irregular warfare in anticipa-
tion of and preparation for the expiration of the authori-
ties under section 1208 of such Act at the end of fiscal 
year 2014. 
SEC. 1202. MODIFICATION AND EXTENSION OF AUTHORI-
TIES RELATING TO PROGRAM TO BUILD THE 
CAPACITY OF FOREIGN MILITARY FORCES. 
(a) LIMITATIONS.— 
(1) IN
GENERAL.—Subsection (c) of section 
1206 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat.
731 
3456), as most recently amended by section 1207(a) 
of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 124 
Stat. 4389), is further amended— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$350,000,000’’ and inserting ‘‘$400,000,000’’; 
and 
(B) in paragraph (5)— 
(i) by striking ‘‘and not more than’’ 
and inserting ‘‘not more than’’; and 
(ii) by inserting after ‘‘fiscal year 
2012’’ the following: ‘‘, and not more than 
$150,000,000 may be used during fiscal 
year 2013’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply with respect 
to programs under subsection (a) of such section 
that begin on or after that date. 
(b) REPORT.—Subsection (f) of such section is 
amended to read as follows: 
‘‘(f) REPORT.— 
‘‘(1) IN GENERAL.—The President shall trans-
mit to the congressional committees specified in sub-
section (e)(3), as part of the supporting materials of
732 
the annual congressional budget justification, a re-
port on the implementation of this section for the 
prior fiscal year. 
‘‘(2) MATTERS TO BE INCLUDED.—The report 
required under paragraph (1) shall include the fol-
lowing: 
‘‘(A) In the case of a program or programs 
to build the capacity of a foreign country’s na-
tional military forces or maritime security 
forces to conduct counterterrorism operations, 
the extent to which the nature of the potential 
or actual terrorist threat is consistently and 
comprehensively verified by the Secretary of 
Defense prior to initiating a program or pro-
grams. 
‘‘(B) The extent to which foreign countries 
participate in the preparation of a program or 
programs under this section, to include the de-
velopment of a full concept of operations for the 
program or programs under this section. 
‘‘(C) The extent to which proposal submis-
sions of foreign countries evaluate the commit-
ment and capability of foreign countries to im-
plement a program or programs under this sec-
tion or otherwise identify specific funds nec-
733 
essary for sustainment of a program or pro-
grams under this section. 
‘‘(D) A statement of current policies, re-
sponsibilities, procedures, and reporting re-
quirements that assist with the conduct or sup-
port of a program or programs under this sec-
tion. 
‘‘(E) The extent to which United States 
embassies and security assistance officers with 
responsibility for conducting or supporting a 
program or programs under this section are 
able to track actual obligation and expenditures 
of funds, funds rendered unavailable for obliga-
tion, and other financial data similar to data re-
quired by the financial management system for 
the Foreign Military Sales program. 
‘‘(F) The extent to which the United 
States Government has developed and imple-
mented specific plans to monitor and evaluate 
outcomes of a program or programs under this 
section.’’. 
(c) ONE-YEAR EXTENSION
OF AUTHORITY.—Sub-
section (g) of such section, as most recently amended by 
section 1207(b) of the Ike Skelton National Defense Au-
734 
thorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4389), is further amended by— 
(1) by striking ‘‘September 30, 2012’’ and in-
serting ‘‘September 30, 2013’’; and 
(2) by striking ‘‘fiscal years 2006 through 
2012’’ and inserting ‘‘fiscal years 2006 through 
2013’’. 
SEC. 1203. FIVE-YEAR EXTENSION OF AUTHORIZATION FOR 
NON-CONVENTIONAL 
ASSISTED 
RECOVERY 
CAPABILITIES. 
Section 943(h) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4579) is amended by striking ‘‘2011’’ 
and inserting ‘‘2016’’. 
SEC. 1204. GLOBAL SECURITY CONTINGENCY FUND. 
(a) AUTHORITY.— 
(1) IN GENERAL.—The Secretary of State, with 
the concurrence of the Secretary of Defense, is au-
thorized to establish a fund, to be known as the 
Global Security Contingency Fund, which shall con-
sist of such amounts as may be contributed under 
paragraph (2) to the fund, to provide assistance to 
a foreign country described in subsection (b) for the 
purposes described in subsection (c). The program 
authorized under this subsection shall be jointly fi-
735 
nanced and carried out by the Department of State 
and the Department of Defense in accordance with 
the requirements of this section. 
(2) CONTRIBUTIONS TO FUND.— 
(A) IN GENERAL.—For each of fiscal years 
2012 through 2015, the Secretary of State and 
the Secretary of Defense may contribute not 
more than $300,000,000 of amounts made 
available to carry out the provisions of law de-
scribed in subsection (d). 
(B) AVAILABILITY.—Notwithstanding any 
other provision of law, amounts contributed 
under this paragraph to the fund shall be 
merged with amounts in the fund and shall be 
available for purposes of carrying out the pro-
gram authorized under this subsection. 
(3) LIMITATION.—The authority of this sub-
section may not be exercised with respect to a fiscal 
year until— 
(A) the Secretary of State contributes to 
the fund not less than one-third of the total 
amount contributed to the fund for the fiscal 
year; and 
(B) the Secretary of Defense contributes to 
the fund not more than two-thirds of the total
736 
amount contributed to the fund for the fiscal 
year. 
(4) RULE OF CONSTRUCTION.—The ratios of 
contributions described in paragraph (3) shall be de-
termined at the beginning of a fiscal year and may 
not be determined on a project-by-project basis. 
(b) ELIGIBLE
FOREIGN
COUNTRIES.—A foreign 
country described in this subsection is a country that is 
designated by the Secretary of State, with the concurrence 
of the Secretary of Defense, and is eligible to receive as-
sistance under one or more of the provisions of law de-
scribed in subsection (d). 
(c) PURPOSE OF PROGRAM.—The program author-
ized under subsection (a) may provide assistance to en-
hance the capabilities of military forces, and other security 
forces that conduct border and maritime security, and 
counterterrorism operations, as well as the government 
agencies responsible for such forces, in order to strengthen 
a foreign country’s national and regional security interests 
consistent with United States foreign policy interests. 
(d) PROVISIONS OF LAW DESCRIBED.—The provi-
sions of law described in this subsection are the following: 
(1) Section 1206 of the National Defense Au-
thorization Act for Fiscal Year 2006 (Public Law
737 
109–163; 119 Stat. 3456; relating to program to 
build the capacity of foreign military forces). 
(2) Section 1033 of the National Defense Au-
thorization Act for Fiscal Year 1998 (Public Law 
105–85; 111 Stat. 1881; relating to authority to 
provide additional support for counter-drug activities 
of other countries). 
(3) Amounts authorized to be appropriated by 
section 301 for operation and maintenance, Defense- 
wide activities, and available for the Defense Secu-
rity Cooperation Agency for the Warsaw Initiative 
Funds (WIF) for the participation of the North At-
lantic Treaty Organization (NATO) members in the 
exercises and programs of the Partnership for Peace 
program of the North Atlantic Treaty Organization. 
(4) Section 23 of the Arms Export Control Act 
(22 U.S.C. 2763; relating to foreign military financ-
ing program). 
(5) Section 481 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2291; relating to international 
narcotics control and law enforcement). 
(6) Chapter 5 of part II of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2347 et seq.; relating 
to international military education and training pro-
gram).
738 
(7) Chapter 8 of part II of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2349aa et seq.; relating 
to antiterrorism assistance). 
(e) FORMULATION AND EXECUTION OF PROGRAM.— 
(1) IN
GENERAL.—The program authorized 
under subsection (a)— 
(A) shall be jointly formulated by the Sec-
retary of State and the Secretary of Defense; 
and 
(B) shall, prior to its implementation, be 
approved by the Secretary of State, with the 
concurrence of the Secretary of Defense. 
(2) REQUIRED ELEMENTS.—The program au-
thorized under subsection (a) shall include elements 
that promote— 
(A) observance of and respect for human 
rights and fundamental freedoms; and 
(B) respect for legitimate civilian author-
ity. 
(f) RELATED AUTHORITIES.— 
(1) IN
GENERAL.—The program authorized 
under subsection (a) shall be— 
(A) jointly financed by the Secretary of 
State and the Secretary of Defense through 
amounts contributed to the fund under sub-
739 
section (a)(2) from one or more provisions of 
law described in subsection (d) under which the 
foreign country is eligible to receive assistance; 
and 
(B) carried out under the authorities of 
such provisions of law and the authorities of 
this section. 
(2) 
ADMINISTRATIVE
AUTHORITIES.—Funds 
made available under a program authorized under 
subsection (a) shall be subject to the same adminis-
trative authorities as apply to funds made available 
to carry out the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.). 
(3) LIMITATION
ON
ELIGIBLE
COUNTRIES.— 
The program authorized under subsection (a) may 
not include the provision of assistance to— 
(A) any foreign country that is otherwise 
prohibited from receiving such assistance under 
any other provision of law; or 
(B) Iraq, Afghanistan, or Pakistan. 
(g) CONGRESSIONAL NOTIFICATION.— 
(1) IN GENERAL.—Not less than 15 days before 
implementing an activity under the program author-
ized under subsection (a), the Secretary of State, 
with the concurrence of the Secretary of Defense,
741 
pleted after that date, but only using funds made available 
for fiscal years 2012 through 2015. 
SEC. 1205. THREE-YEAR EXTENSION OF TEMPORARY AU-
THORITY TO USE ACQUISITION AND CROSS- 
SERVICING AGREEMENTS TO LEND MILITARY 
EQUIPMENT FOR PERSONNEL PROTECTION 
AND SURVIVABILITY. 
(a) AUTHORITY.—Subsection (a) of section 1202 of 
the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2412), 
as amended by section 1203(a) of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4386), is further amend-
ed— 
(1) in paragraph (1), by striking ‘‘Iraq or’’; and 
(2) in paragraph (3)— 
(A) in subparagraph (A), by striking ‘‘Iraq 
or’’; and 
(B) in subparagraph (C), by striking 
‘‘Iraq, Afghanistan, or’’ and inserting ‘‘Afghani-
stan or’’. 
(b) EXPIRATION.—Subsection (e) of such section, as 
amended by section 1204(b) of the Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4623), is further amend-
742 
ed by striking ‘‘September 30, 2011’’ and inserting ‘‘Sep-
tember 30, 2014’’. 
SEC. 1206. INTERAGENCY WORKING GROUP ON FOREIGN 
POLICE TRAINING. 
(a) ESTABLISHMENT; DUTIES.—There is established 
an interagency working group to monitor the foreign po-
lice training programs, projects, and activities of the var-
ious Federal departments and agencies and coordinate and 
unify such programs, projects, and activities under a sin-
gle strategic framework. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the interagency working group should establish 
a strategy to specify the goals of the foreign police training 
programs, projects, and activities described in subsection 
(a), the strategies for achieving such goals, and quantifi-
able metrics for measuring success. The strategy should 
also include an interagency mechanism to coordinate the 
actions of the Federal departments and agencies carrying 
out such programs, projects, and activities. 
(c) MEMBERSHIP.— 
(1) IN
GENERAL.—The interagency working 
group shall consist of representatives from the De-
partments of Defense, State, Justice, Homeland Se-
curity, Treasury, and Energy, the United States
743 
Agency for International Development, and the Mil-
lennium Challenge Corporation. 
(2) CHAIRPERSON.—The representative from 
the Department of Defense shall serve as the chair-
person of the interagency working group. 
(d) REPORT.—The interagency working group shall 
submit to Congress an annual report on the activities of 
the interagency working group for the preceding year. 
Subtitle B—Matters Relating to 
Iraq, Afghanistan, and Pakistan 
SEC. 1211. AUTHORITY TO ESTABLISH A PROGRAM TO DE-
VELOP AND CARRY OUT INFRASTRUCTURE 
PROJECTS IN AFGHANISTAN. 
Section 1217(f) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4393; 22 U.S.C. 7513 note) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘The’’ and inserting ‘‘Sub-
ject to paragraph (2), the’’; 
(B) by striking ‘‘$400,000,000’’ and in-
serting ‘‘$475,000,000’’; and 
(C) by striking ‘‘fiscal year 2011’’ and in-
serting ‘‘fiscal year 2012’’; 
(2) by redesignating paragraph (2) as para-
graph (3);
744 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) LIMITATION.—The Secretary of Defense 
may use not more than 85 percent of the amount 
specified in paragraph (1) to carry out the program 
authorized under subsection (a) until the Secretary 
of Defense, in consultation with the Secretary of 
State, submits to the appropriate congressional com-
mittees a plan for the allocation and use of funds 
under the program for fiscal year 2012.’’; and 
(4) in paragraph (3) (as redesignated), by strik-
ing ‘‘September 30, 2012’’ and inserting ‘‘September 
30, 2013’’. 
SEC. 1212. COMMANDERS’ EMERGENCY RESPONSE PRO-
GRAM IN AFGHANISTAN. 
(a) AUTHORITY FOR FISCAL YEAR 2012.—During 
fiscal year 2012, from funds made available to the Depart-
ment of Defense for operation and maintenance, not to 
exceed $425,000,000 may be used by the Secretary of De-
fense in such fiscal year to provide funds for the Com-
manders’ Emergency Response Program in Afghanistan. 
(b) QUARTERLY REPORTS AND BRIEFINGS.— 
(1) QUARTERLY REPORTS.—Not later than 30 
days after the end of each fiscal year quarter of fis-
cal year 2012, the Secretary of Defense shall submit
745 
to the congressional defense committees a report re-
garding the source of funds and the allocation and 
use of funds during that quarter that were made 
available pursuant to the authority provided in this 
section or under any other provision of law for the 
purposes of the program under subsection (a). 
(2) FORM.—Each report required under para-
graph (1) shall be submitted, at a minimum, in a 
searchable electronic format that enables the con-
gressional defense committees to sort the report by 
amount expended, location of each project, type of 
project, or any other field of data that is included 
in the report. 
(3) BRIEFINGS.—Not later than 15 days after 
the submission of each report required under para-
graph (1), appropriate officials of the Department of 
Defense shall meet with the congressional defense 
committees to brief such committees on the matters 
contained in the report. 
(c) SUBMISSION OF GUIDANCE.— 
(1) INITIAL SUBMISSION.—Not later than 30 
days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congres-
sional defense committees a copy of the guidance 
issued by the Secretary to the Armed Forces con-
746 
cerning the allocation of funds through the Com-
manders’ Emergency Response Program in Afghani-
stan. 
(2) MODIFICATIONS.—If the guidance in effect 
for the purpose stated in paragraph (1) is modified, 
the Secretary shall submit to the congressional de-
fense committees a copy of the modification not later 
than 15 days after the date on which the Secretary 
makes the modification. 
(d) WAIVER AUTHORITY.—For purposes of exer-
cising the authority provided by this section or any other 
provision of law making funding available for the Com-
manders’ Emergency Response Program in Afghanistan, 
the Secretary of Defense may waive any provision of law 
not contained in this section that would (but for the waiv-
er) prohibit, restrict, limit, or otherwise constrain the exer-
cise of that authority. 
(e) RESTRICTION
ON AMOUNT
OF PAYMENTS.— 
Funds made available under this section for the Com-
manders’ Emergency Response Program in Afghanistan 
may not be obligated or expended to carry out any project 
if the total amount of funds made available for the pur-
pose of carrying out the project, including any ancillary 
or related elements of the project, exceeds $20,000,000.
747 
(f) NOTIFICATION.—Not less than 15 days before ob-
ligating or expending funds made available under this sec-
tion for the Commanders’ Emergency Response Program 
in Afghanistan for a project in Afghanistan with a total 
anticipated cost of $5,000,000 or more, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a written notice containing the following information: 
(1) The location, nature, and purpose of the 
proposed project, including how the project is in-
tended to advance the military campaign plan for 
Afghanistan. 
(2) The budget and implementation timeline for 
the proposed project, including any other funding 
under the Commanders’ Emergency Response Pro-
gram in Afghanistan that has been or is anticipated 
to be contributed to the completion of the project. 
(3) A plan for the sustainment of the proposed 
project, including any agreement with either the 
Government of Afghanistan, a department or agency 
of the United States Government other than the De-
partment of Defense, or a third party contributor to 
finance the sustainment of the activities and mainte-
nance of any equipment or facilities to be provided 
through the proposed project.
748 
(g) DEFINITION.— In this section, the term ‘‘Com-
manders’ Emergency Response Program in Afghanistan’’ 
means the program that— 
(1) authorizes United States military com-
manders in Afghanistan to carry out small-scale 
projects designed to meet urgent humanitarian relief 
requirements or urgent reconstruction requirements 
within their areas of responsibility; and 
(2) provides an immediate and direct benefit to 
the people of Afghanistan. 
(h) CONFORMING AMENDMENT.—Section 1202 of the 
National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 119 Stat. 3455), as most recently 
amended by section 1212 of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 124 Stat. 4389), is hereby repealed. 
SEC. 1213. EXTENSION OF AUTHORITY FOR REIMBURSE-
MENT OF CERTAIN COALITION NATIONS FOR 
SUPPORT PROVIDED TO UNITED STATES 
MILITARY OPERATIONS. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of 
section 1233 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
393), as most recently amended by section 1213 of the 
Ike Skelton National Defense Authorization Act for Fiscal
749 
Year 2011 (Public Law 111–383; 124 Stat. 4391), is fur-
ther amended by striking ‘‘section 1510 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011’’ 
and inserting ‘‘section 1504 of the National Defense Au-
thorization Act for Fiscal Year 2012’’. 
(b) LIMITATION ON AMOUNT.—Subsection (d)(1) of 
such section, as so amended, is further amended in the 
second sentence by striking ‘‘fiscal year 2010 or 2011’’ 
and inserting ‘‘fiscal year 2010, 2011, or 2012’’. 
(c) EXTENSION OF NOTICE REQUIREMENT RELAT-
ING TO REIMBURSEMENT OF PAKISTAN FOR SUPPORT 
PROVIDED BY PAKISTAN.—Section 1232(b)(6) of the Na-
tional Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 393), as most recently 
amended by section 1213 of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 124 Stat. 4391), is further amended by striking 
‘‘September 30, 2012’’ and inserting ‘‘September 30, 
2013’’. 
SEC. 1214. EXTENSION AND MODIFICATION OF PAKISTAN 
COUNTERINSURGENCY FUND. 
(a) IN GENERAL.—Section 1224(h) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2521), as amended by section 
1220 of the Ike Skelton National Defense Authorization
750 
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 
4395), is further amended by striking ‘‘September 30, 
2011’’ both places it appears and inserting ‘‘September 
30, 2012’’. 
(b) LIMITATION ON FUNDS SUBJECT TO REPORT 
AND UPDATES.— 
(1) LIMITATION
ON
FUNDS; 
REPORT
RE-
QUIRED.— 
(A) IN GENERAL.—Of the amounts appro-
priated or transferred to the Pakistan Counter-
insurgency Fund (hereafter in this subsection 
referred to as the ‘‘Fund’’) for any fiscal year 
after fiscal year 2011, not more than 25 per-
cent of such amounts may be obligated or ex-
pended until such time as the Secretary of De-
fense, with the concurrence of the Secretary of 
State, submits to the appropriate congressional 
committees a report on the strategy to utilize 
the Fund and the metrics used to determine 
progress with respect to the Fund. 
(B) MATTER TO BE INCLUDED.—Such re-
port shall include, at a minimum, the following: 
(i) A discussion of United States stra-
tegic objectives in Pakistan.
751 
(ii) A listing of the terrorist or ex-
tremist organizations in Pakistan opposing 
United States goals in the region and 
against which the United States encour-
ages Pakistan to take action. 
(iii) A discussion of the gaps in capa-
bilities of Pakistani security units that 
hampers the ability of the Government of 
Pakistan to take action against the organi-
zations listed in clause (ii). 
(iv) A discussion of how assistance 
provided utilizing the Fund will address 
the gaps in capabilities listed in clause 
(iii). 
(v) A discussion of other efforts un-
dertaken by other United States Govern-
ment departments and agencies to address 
the gaps in capabilities listed in clause (iii) 
or complementary activities of the Depart-
ment of Defense and how those efforts are 
coordinated with the activities undertaken 
to utilize the Fund. 
(vi) Metrics that will be used to track 
progress in achieving the United States 
strategic objectives in Pakistan, to track
752 
progress of the Government of Pakistan in 
combating the organizations listed in 
clause (ii), and to address the gaps in ca-
pabilities listed in clause (iii). 
(2) ANNUAL UPDATE REQUIRED.—For any fis-
cal year in which amounts in the Fund are requested 
to be made available to the Secretary of Defense, the 
Secretary of Defense, with the concurrence of the 
Secretary of State, shall submit to the appropriate 
congressional committees, at the same time that the 
President’s budget is submitted pursuant to section 
1105(a) of title 31, United States Code, an update 
of the report required under paragraph (1). 
(3) FORM.—The report required under para-
graph (1) and the update required under paragraph 
(2) shall be submitted in unclassified form, but may 
contain a classified annex as necessary. 
(4) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Af-
fairs of the House of Representatives.
753 
(c) QUARTERLY REPORTS.— 
(1) IN GENERAL.—Section 1224(f) of the Na-
tional Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2522) is 
amended— 
(A) by striking ‘‘Not later’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Not later’’; and 
(B) by adding at the end the following: 
‘‘(2) MATTERS
TO
BE
INCLUDED.—The Sec-
retary of Defense, with the concurrence with the 
Secretary of State, shall include in the report re-
quired under paragraph (1) the following: 
‘‘(A) A discussion of progress in achieving 
United States strategic objectives in Pakistan 
during such fiscal quarter, utilizing metrics 
used to track progress in achieving such stra-
tegic objectives. 
‘‘(B) A discussion of progress made by 
programs supported from amounts in the Fund 
during such fiscal quarter.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) take effect on the date of the en-
actment of this Act and apply with respect to each 
report required to be submitted under section
754 
1224(f) of the National Defense Authorization Act 
for Fiscal Year 2010 for any fiscal year after fiscal 
year 2011. 
SEC. 1215. REPORT ON EXTENSION OF UNITED STATES- 
IRAQ STATUS OF FORCES AGREEMENT. 
(a) REPORT ON EXTENSION OF AGREEMENT.—Not 
later than 10 days after completion of any agreement be-
tween the United States Government and the Government 
of Iraq that would retain a United States force presence 
in Iraq greater than the force presence envisioned for the 
Office of Security Cooperation-Iraq, the Secretary of De-
fense, in consultation with the Secretary of State, shall 
submit to the appropriate congressional committees a re-
port on the terms of such agreement. 
(b) NOTIFICATION
AND REPORT
IN ABSENCE
OF 
AGREEMENT.— 
(1) IN GENERAL.—If, on December 31, 2011, 
no agreement between the United States Govern-
ment and the Government of Iraq described in sub-
section (a) has been completed, the Secretary of De-
fense shall provide written notification to the con-
gressional defense committees that no such agree-
ment has been completed and shall submit to the ap-
propriate congressional committees the report re-
755 
quired under paragraph (2) not later than January 
31, 2012. 
(2) REPORT.—The report referred to in para-
graph (1) is a report that— 
(A) describes the capability gaps of the 
Iraqi Security Forces, in classified and unclassi-
fied form, including capability gaps relating to 
intelligence matters, protection of Iraqi air-
space, and logistics and maintenance; and 
(B) describes how the programs of the Of-
fice of Security Cooperation-Iraq and other 
United States programs, such as the Foreign 
Military Financing program, the Foreign Mili-
tary Sales program, and joint training exer-
cises, will address the capability gaps of the 
Iraqi Security Forces, as described in subpara-
graph (A), should the Government of Iraq re-
quest such assistance. 
(3) UPDATES.—The Secretary of Defense shall 
submit to the appropriate congressional committees, 
at the same time that the President’s budget is sub-
mitted pursuant to section 1105(a) of title 31, 
United States Code, for each of the fiscal years 
2014 and 2015 an update of the report required 
under paragraph (2). The requirement to submit up-
756 
dates under this paragraph shall terminate on the 
date on which the Secretary of Defense submits to 
the congressional defense committees the report re-
quired under subsection (a). 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
SEC. 1216. AUTHORITY TO SUPPORT OPERATIONS AND AC-
TIVITIES OF THE OFFICE OF SECURITY CO-
OPERATION IN IRAQ. 
(a) AUTHORITY.—The Secretary of Defense is au-
thorized to support operations and activities of the Office 
of Security Cooperation in Iraq (OSC-I) in order to carry 
out United States Government transition activities in Iraq, 
including life support, transportation and personal secu-
rity, and facilities renovation and construction activities. 
(b) LIMITATION.—The authority contained in sub-
section (a) may not be exercised to pay the salaries and 
expenses of personnel of the Department of State.
757 
(c) FUNDING.—Amounts authorized to be appro-
priated by section 301 and available for operation and 
maintenance for the Air Force, as specified in the funding 
table in section 4301, may be used to carry out this sec-
tion. 
SEC. 1217. REPORT ON UNITED STATES MILITARY STRAT-
EGY IN AFGHANISTAN IN LIGHT OF THE 
DEATH OF OSAMA BIN LADEN. 
(a) REPORT REQUIRED.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on the United States military strategy 
in Afghanistan, including the extent to which the strategy 
has changed or is anticipated to change in light of the 
death of Osama bin Laden. 
(b) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may contain 
a classified annex if necessary. 
SEC. 1218. LIMITATION ON FUNDS TO ESTABLISH PERMA-
NENT MILITARY INSTALLATIONS OR BASES 
IN IRAQ AND AFGHANISTAN. 
(a) NO PERMANENT MILITARY BASES IN IRAQ.— 
None of the funds authorized to be appropriated by this 
Act may be obligated or expended by the United States 
Government to establish any military installation or base
758 
for the purpose of providing for the permanent stationing 
of United States Armed Forces in Iraq. 
(b) NO PERMANENT MILITARY BASES IN AFGHANI-
STAN.—None of the funds authorized to be appropriated 
by this Act may be obligated or expended by the United 
States Government to establish any military installation 
or base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Afghanistan. 
SEC. 1219. LIMITATION ON AMOUNTS FROM AFGHANISTAN 
INFRASTRUCTURE FUND. 
Not more than 75 percent of amounts made available 
to the Afghanistan Infrastructure Fund for fiscal year 
2012 may be used to provide assistance to the Government 
of Afghanistan unless the Secretary of Defense, in con-
sultation with the Secretary of State, determines and cer-
tifies to Congress that women in Afghanistan are an inte-
gral part of the reconciliation process between the Afghan 
Government and the Taliban.
759 
Subtitle C—Reports and Other 
Matters 
SEC. 1221. REVIEW AND REPORT ON IRAN’S AND CHINA’S 
CONVENTIONAL AND ANTI-ACCESS CAPABILI-
TIES. 
(a) REVIEW.—The Secretary of Defense shall direct 
an appropriate entity outside the Department of Defense 
to conduct an independent review of the following: 
(1) The gaps between Iran’s conventional and 
anti-access capabilities and United States’ capabili-
ties to overcome them. 
(2) The gaps between China’s anti-access capa-
bilities and United States’ capabilities to overcome 
them. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 270 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the appropriate 
congressional committees a report that contains the 
review conducted under subsection (a). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means— 
(A) the congressional defense committees; 
and
760 
(B) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Af-
fairs of the House of Representatives. 
(c) ADDITIONAL TO OTHER REPORTS, ETC.—The re-
view conducted under subsection (a) and the report re-
quired under subsection (b) are in addition to the report 
required under section 1238 of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111–383; 124 Stat. 4402) and the strategy and brief-
ings required under section 1243 of such Act (Public Law 
111–383; 124 Stat. 4405). 
(d) DEFINITION.—In this section, the term ‘‘anti-ac-
cess’’ has the meaning given the term in section 1238(f) 
of the Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4403). 
SEC. 1222. REPORT AND CONSULTATION ON ENERGY SECU-
RITY OF NATO ALLIANCE. 
(a) FINDINGS.—Congress finds the following: 
(1) Adopted in Lisbon in November 2010, the 
new North Atlantic Treaty Organization (NATO) 
Strategic Concept declares that ‘‘All countries are 
increasingly reliant on the vital communication, 
transport and transit routes on which international 
trade, energy security and prosperity depend. They 
require greater international efforts to ensure their
761 
resilience against attack or disruption. Some NATO 
countries will become more dependent on foreign en-
ergy suppliers and in some cases, on foreign energy 
supply and distribution networks for their energy 
needs. As a larger share of world consumption is 
transported across the globe, energy supplies are in-
creasingly exposed to disruption.’’. 
(2) The new NATO Strategic Concept further 
declares that, ‘‘to deter and defend against any 
threat to the safety and security of our populations’’, 
the NATO alliance will, ‘‘develop the capacity to 
contribute to energy security, including protection of 
critical energy infrastructure and transit areas and 
lines, cooperation with partners, and consultations 
among Allies on the basis of strategic assessments 
and contingency planning.’’. 
(b) REPORT.— 
(1) ASSESSMENT.—The Secretary of Defense 
shall direct a federally funded research and develop-
ment center of the Department of Defense to con-
duct an assessment of the energy security of the 
NATO alliance. 
(2) REPORT.—Not later than 270 days after 
the date of the enactment of this Act, the Secretary 
of Defense, in consultation with the Secretary of
762 
State, shall submit to the specified congressional 
committees a detailed report on the assessment con-
ducted pursuant to paragraph (1). 
(3) CONTENTS.—The report required under 
paragraph (2) shall include the following: 
(A) A listing of the extent to which each 
NATO member country is dependent on a sin-
gle oil or natural gas supplier or distribution 
network. Such listing shall be expressed in 
terms of a percentage basis. 
(B) A description of potential adverse ef-
fects of oil or natural gas price shortages or 
price spikes on those NATO member countries 
that are most dependent on a single oil or nat-
ural gas supplier or distribution network and on 
United States Armed Forces based in Europe, 
including effects on the military and defensive 
capabilities of such countries. 
(C) A description of potential risks posed 
to NATO member countries, including NATO 
member countries in Eastern Europe, and to 
United States Armed Forces based in Europe, 
by the relative lack of easy access to the spot 
market for natural gas.
763 
(D) A description of the extent to which 
the United States military, in conjunction with 
the militaries of NATO member countries, 
could respond to and mitigate the energy secu-
rity risk to NATO member countries and to 
United States Armed Forces based on Europe 
posed by the threat of a deliberate disruption of 
the supply of oil or natural gas, and the relative 
challenges and cost of such a response, includ-
ing for transporting oil and natural gas over 
land after delivery by sea to the port of a 
NATO member country. 
(E) A set of recommendations for available 
options to NATO member countries that are 
most dependent on a single oil or natural gas 
supplier or distribution network to avoid such 
dependency, and the potential benefits of in-
creased pipelines within Europe to give Eastern 
European countries access to the spot market 
for natural gas in the event of a supply inter-
ruption. 
(F) A description of all supply interrup-
tions of natural gas to NATO member countries 
over the past 20 years.
764 
(G) An analysis of the threats posed by 
supply interruptions, whether accidental, unau-
thorized or deliberate, to energy distribution in-
frastructure and transit areas and lines to 
NATO member countries most dependent on a 
single oil or natural gas supplier or distribution 
network and to United States Armed Forces 
based in Europe, including from events such as 
potential natural disasters or terrorist attacks, 
and the adequacy of the Department of De-
fense’s current contingency plans to respond to 
such interruptions. 
(H) A description of how NATO’s military 
capability might be adversely affected if a major 
oil or natural gas supplier or distribution net-
work were to deliberately disrupt the supply of 
oil or natural gas. 
(I) An analysis of whether and how major 
suppliers of oil and natural gas to NATO mem-
ber countries in Europe have used their energy 
markets to influence European political affairs, 
and the potential of such actions to undermine 
the long-term solidarity and future of the 
NATO alliance.
765 
(c) FORM.—The report required under subsection (b) 
shall be submitted in unclassified form (including as much 
detail as possible), but may contain a classified annex. 
(d) CONSULTATION.—The Secretary of Defense shall 
consult with other NATO member countries and NATO’s 
Emerging Security Challenges Division on other ways the 
United States as a NATO member country can contribute 
to the energy security of the NATO alliance and NATO 
regional partners, including through protection of critical 
energy infrastructure and transit areas and lines, coopera-
tion with NATO partners, and consultation among NATO 
allies on the basis of strategic assessments and contin-
gency planning. 
(e) DEFINITION.—In this section the term ‘‘specified 
congressional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
SEC. 1223. EXTENSION OF REPORT ON PROGRESS TOWARD 
SECURITY AND STABILITY IN AFGHANISTAN. 
Section 1230(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 385), as most recently amended by section 1231 of
779 
and be viable only if the United States of America 
refrains from developing its missile defense capabili-
ties quantitatively or qualitatively.’’. 
(2) In the understanding under subsection 
(b)(1)(A) of the Resolution of Advice and Consent to 
Ratification of the New START Treaty, the Senate 
declared that ‘‘the New START Treaty does not im-
pose any limitations on the deployment of missile de-
fenses other than the requirements of paragraph 3 
of Article V of the New START Treaty. . .’’. 
(3) In the understanding under subsection 
(b)(1)(B) of such resolution, the Senate further de-
clared that ‘‘any additional New START Treaty lim-
itations on the deployment of missile defenses be-
yond those contained in paragraph 3 of Article V, 
including any limitations agreed under the auspices 
of the Bilateral Consultative Commission, would re-
quire an amendment to the New START Treaty 
which may enter into force for the United States 
only with the advice and consent of the Senate, as 
set forth in Article II, section 2, clause 2 of the Con-
stitution of the United States.’’. 
(4) In the understanding under subsection 
(b)(1)(C) of such resolution, the Senate further de-
clared that ‘‘the April 7, 2010, unilateral statement