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to advanced technologies that would enhance Chi-
nese military capabilities. 
‘‘(11) The strategy, goals, and capabilities of 
Chinese cyber activities, including trends, global and 
regional activities, the involvement of military and 
civilian organizations, including state-owned enter-
prises, academic institutions, and commercial enti-
ties. Relevant analyses and forecasts shall con-
sider— 
‘‘(A) Chinese cyber activities directed 
against the Department of Defense; 
‘‘(B) potential harms that may affect De-
partment of Defense communications, com-
puters, networks, systems, or other military as-
sets as a result of a cyber attack; and 
‘‘(C) any other developments regarding 
Chinese cyber activities that the Secretary of 
Defense determines are relevant to the national 
security of the United States.’’. 
(b) COMBATANT COMMANDER ASSESSMENT.—Such 
section is further amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
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‘‘(c) COMBATANT COMMANDER ASSESSMENT.—The 
report required under subsection (a) shall include an 
annex, in classified or unclassified form, that includes an 
identification and assessment of the Commander of the 
United States Pacific Command on the following: 
‘‘(1) Any gaps in intelligence that limit the abil-
ity of the Commander to address challenges posed 
by the People’s Republic of China. 
‘‘(2) Any gaps in the capabilities, capacity, and 
authorities of the Commander to address challenges 
posed by the People’s Republic of China to United 
States Armed Forces and United States interests in 
the region. 
‘‘(3) Any other matters the Commander con-
siders to be relevant.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) 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 1202 of the Na-
tional Defense Authorization Act for Fiscal Year 2000 on 
or after such date of enactment. 
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SEC. 1232. REPORT ON MILITARY AND SECURITY DEVELOP-
MENTS INVOLVING THE DEMOCRATIC PEO-
PLE’S REPUBLIC OF KOREA. 
(a) ADDITIONAL REPORT.—Subsection (a) of section 
1236 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1641) is 
amended by inserting after ‘‘November 1, 2012,’’ the fol-
lowing: ‘‘and November 1, 2013,’’. 
(b) COMBATANT COMMANDER ASSESSMENT.—Such 
section is further amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) COMBATANT COMMANDER ASSESSMENT.—The 
report required under subsection (a) shall include an 
annex, in classified or unclassified form, that includes an 
identification and assessment of the Commander of the 
United States Pacific Command on the following: 
‘‘(1) Any gaps in intelligence that limit the abil-
ity of the Commander to counter threats emanating 
from North Korea. 
‘‘(2) Any gaps in the capabilities, capacity, and 
authorities of the Commander to counter North Ko-
rean threats to United States Armed Forces and 
United States interests in the region. 
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‘‘(3) Any other matters the Commander con-
siders to be relevant.’’. 
SEC. 1233. REPORT ON HOST NATION SUPPORT FOR OVER-
SEAS UNITED STATES MILITARY INSTALLA-
TIONS AND UNITED STATES ARMED FORCES 
DEPLOYED IN COUNTRY. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than March 1 of 
each year from 2013 through 2015, the Secretary of 
Defense, in consultation with the Secretary of State, 
shall submit to the appropriate congressional com-
mittees a report on the direct, indirect, and burden- 
sharing contributions made by host nations to sup-
port United States Armed Forces deployed in coun-
try. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include at least the following: 
(A) The methodology and accounting pro-
cedures used to measure and track direct, indi-
rect, and burden-sharing contributions made by 
host nations. 
(B) The stationing costs, paid by the host 
nation, associated with United States Armed 
Forces stationed outside the territory of the 
United States in that nation. 
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(C) A description of direct, indirect, and 
burden-sharing contributions by host nation, in-
cluding the following: 
(i) Contributions accepted for the fol-
lowing costs: 
(I) Compensation for local na-
tional employees of the Department of 
Defense. 
(II) 
Military 
construction 
projects of the Department of De-
fense, including design, procurement, 
construction management costs, rents 
on privately-owned land, facilities, 
labor, utilities and vicinity improve-
ments. 
(III) Other costs such as loan 
guarantees on public-private venture 
housing and payment-in-kind for fa-
cilities returned to the host nation. 
(ii) Contributions accepted for any 
other purpose. 
(b) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex if necessary. 
(c) DEFINITIONS.—In this section: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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. 
(2) HOST
NATION.—The term ‘‘host nation’’ 
means any country that hosts a permanent or tem-
porary United States military installation or a per-
manent or rotational deployment of United State 
Armed Forces located outside of the borders of the 
United States. 
(3) CONTRIBUTIONS.—The term ‘‘contribu-
tions’’ means cash and in-kind contributions made 
by a host nation that replace expenditures that 
would otherwise be made by the Secretary of De-
fense using funds appropriated or otherwise made 
available in defense appropriations Acts. 
SEC. 1234. NATO SPECIAL OPERATIONS HEADQUARTERS. 
(a) IN GENERAL.—Section 1244(a) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2541), as amended by section 
1242 of the Ike Skelton National Defense Authorization 
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Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 
4405), is further amended by striking ‘‘fiscal year 2011’’ 
and inserting ‘‘fiscal year 2013’’. 
(b) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2013 for the NATO Special Operations Head-
quarters, not more than 50 percent may be obligated or 
expended until the date that is 30 days after the date on 
which the Secretary of Defense finalizes and formalizes 
United States Special Operations Command as the execu-
tive agent and lead component for the NATO Special Op-
erations Headquarters. 
SEC. 1235. REPORTS ON EXPORTS OF MISSILE DEFENSE 
TECHNOLOGY TO CERTAIN COUNTRIES. 
(a) REPORTS.—Not later than 180 days after the 
date of the enactment of this Act, and each year thereafter 
through 2015, the Secretary of Defense shall submit to 
the appropriate congressional committees a report on the 
following: 
(1) A description of the types of assistance, in-
cluding assistance relating to missile defense, pro-
vided by the Department of Defense to foreign coun-
tries that export space, counter-space, and ballistic 
missile equipment, material, and technologies that 
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could be used in other countries’ space, counter- 
space, and ballistic missile programs. 
(2) A description of such exports to countries 
with space, counter-space, and ballistic missile pro-
grams, including a description of specific tech-
nologies that are exported to such countries. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the congressional defense committees; and 
(2) the Committee of Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the 
House of Representatives. 
SEC. 1236. LIMITATION ON FUNDS TO PROVIDE THE RUS-
SIAN FEDERATION WITH ACCESS TO MISSILE 
DEFENSE TECHNOLOGY. 
(a) LIMITATION ON FUNDS FOR CLASSIFIED TECH-
NOLOGY AND DATA.— 
(1) IN
GENERAL.—None of the funds made 
available for fiscal years 2012 or 2013 for the De-
partment of Defense may be used to provide the 
Russian Federation with access to information that 
is classified or was classified as of January 2, 2012, 
regarding— 
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(A) missile defense technology of the 
United States, including hit-to-kill technology; 
or 
(B) data, including sensitive technical 
data, warning, detection, tracking, targeting, te-
lemetry, command and control, and battle man-
agement data, that support the missile defense 
capabilities of the United States. 
(2) APPLICABILITY.—The limitation in para-
graph (1) shall apply with respect to the use of 
funds on or after the date of the enactment of this 
Act. 
(b) LIMITATION
ON FUNDS
FOR OTHER TECH-
NOLOGY AND DATA.— 
(1) IN
GENERAL.—None of the funds made 
available for fiscal years 2012 or 2013 for the De-
partment of Defense may be used to provide the 
Russian Federation with access to missile defense 
technology or technical data not described in sub-
section (a) unless— 
(A) the President submits to the appro-
priate congressional committees— 
(i) a report that contains a description 
of— 
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(I) the specific missile defense 
technology or technical data to be pro-
vided to the Russian Federation, the 
reasons for providing such technology 
or data, and how the technology or 
technical data is intended to be used; 
(II) the measures necessary to 
protect the technology or technical 
data; 
(III) the specific missile defense 
technology or technical data of the 
Russian Federation that the Russian 
Federation is providing the United 
States with access to; and 
(IV) the status and substance of 
discussions between the United States 
and the Russian Federation on missile 
defense matters; and 
(ii) written certification by the Presi-
dent that providing the Russian Federation 
with access to such missile defense tech-
nology or technical data— 
(I) includes an agreement on pro-
hibiting access to such technology or 
data by any other country or entity; 
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(II) will not enable the develop-
ment of countermeasures to any mis-
sile defense system of the United 
States or otherwise undermine the ef-
fectiveness of any such missile defense 
system; and 
(III) will correspond to equitable 
access by the United States to missile 
defense technology or technical data 
of the Russian Federation; and 
(B) a period of 30 days has elapsed fol-
lowing the date on which the President submits 
to the appropriate congressional committees the 
report and written certification under subpara-
graph (A). 
(2) APPLICABILITY.—The limitation in para-
graph (1) shall apply with respect to the use of 
funds on or after the date of the enactment of this 
Act. 
(c) FORM.—The report described in clause (i) of sub-
section (b)(1)(A) and the certification described in clause 
(ii) of such subsection shall be submitted in unclassified 
form, but may contain a classified annex, if necessary. 
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(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional 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. 1237. INTERNATIONAL AGREEMENTS RELATING TO 
MISSILE DEFENSE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that an agreement regarding missile defense co-
operation between the United States and the Russian Fed-
eration that is negotiated with the Russian Federation 
through 
the 
North 
Atlantic 
Treaty 
Organization 
(‘‘NATO’’) or a provision to amend the charter of the 
NATO–Russia Council, should not be considered legally 
or politically binding unless the agreement is— 
(1) specifically approved with the advice and 
consent 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) MISSILE DEFENSE AGREEMENTS.— 
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(1) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 130f. International agreements relating to missile 
defense 
‘‘(a) IN GENERAL.—In accordance with the under-
standing under subsection (b)(1)(B) of the Resolution of 
Advice and Consent to Ratification of the New START 
Treaty of the Senate, any agreement with a country or 
international organization or amendment to the New 
START Treaty (including an agreement made by the Bi-
lateral Consultative Commission established by the New 
START Treaty) concerning the limitation of the missile 
defense capabilities of the United States shall not be bind-
ing on the United States, and shall not enter into force 
with respect to the United States, unless after the date 
of the enactment of this section, such agreement or 
amendment is— 
‘‘(1) specifically approved with the advice and 
consent 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) ANNUAL NOTIFICATION.—Not later than Janu-
ary 31 of each year, beginning in 2013, the President shall 
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submit to the congressional defense committees and the 
Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representa-
tives a notification of— 
‘‘(1) whether the Russian Federation has recog-
nized during the previous year the sovereign right of 
the United States to pursue quantitative and quali-
tative improvements in missile defense capabilities; 
and 
‘‘(2) whether during any treaty negotiations or 
other Government-to-Government contacts between 
the United States and the Russian Federation (in-
cluding under the auspices of the Bilateral Consult-
ative Commission established by the New START 
Treaty) during the previous year a representative of 
the Russian Federation suggested that a treaty or 
other international agreement include, with respect 
to the United States— 
‘‘(A) restricting missile defense capabili-
ties, military capabilities in space, or conven-
tional prompt global strike capabilities; or 
‘‘(B) reducing the number of non-strategic 
nuclear weapons deployed in Europe. 
‘‘(c) NEW START TREATY DEFINED.—In this sec-
tion, the term ‘New START Treaty’ means the Treaty be-
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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, and entered into force on February 5, 2011.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 130e 
the following new item: 
‘‘130f. International agreements relating to missile defense.’’. 
(c) DEFENSE TECHNOLOGY COOPERATION AGREE-
MENTS.— 
(1) IN
GENERAL.—Subchapter II of chapter 
138 of title 10, United States Code, is amended by 
adding at the end the following new section: 
‘‘§ 2350n. Defense technology cooperation agreements 
between the United States and the Rus-
sian Federation 
‘‘(a) IN GENERAL.—None of the funds made avail-
able for fiscal year 2012 or any fiscal year thereafter for 
the Department of Defense may be used to implement a 
defense technology cooperation agreement entered into be-
tween the United States and the Russian Federation until 
a period of 60 days has elapsed following the date on 
which the President transmits such agreement to the con-
gressional defense committees. 
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‘‘(b) DEFENSE TECHNOLOGY COOPERATION AGREE-
MENT DEFINED.—In this section, the term ‘defense tech-
nology cooperation agreement’ means a cooperative agree-
ment related to research and development entered into 
under section 2358 of this title or any other provision of 
this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amend-
ed by inserting after the item relating to section 
2350m the following new item: 
‘‘2350n. Defense technology cooperation agreement between the United States 
and the Russian Federation.’’. 
(d) LIMITATION ON MISSILE DEFENSE NEGOTIA-
TION.— 
(1) IN
GENERAL.—None of the funds made 
available for fiscal years 2012 or 2013 for the De-
partment of Defense may be used to implement an 
agreement regarding missile defense entered into 
with the Russian Federation until the date that is 
30 days after the date on which the President trans-
mits to the appropriate congressional committees the 
draft agreement discussed between the United 
States and the Russian Federation at Deauville, 
France, in May 2011. 
(2) APPLICABILITY.—The limitation in para-
graph (1) shall apply with respect to the use of 
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funds on or after the date of the enactment of this 
Act. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Foreign Relations of the Sen-
ate; and 
(B) the Committee on Armed Services and 
the Committee on Foreign Affairs of the House 
of Representatives. 
SEC. 1238. LIMITATION ON ASSISTANCE TO PROVIDE TEAR 
GAS OR OTHER RIOT CONTROL ITEMS. 
None of the funds authorized to be appropriated by 
this Act may be used to provide tear gas or other riot 
control items to the government of a country undergoing 
a transition to democracy in the Middle East or North 
Africa unless the Secretary of Defense certifies to the 
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives 
that the security forces of such government are not using 
excessive force to repress peaceful, lawful, and organized 
dissent. 
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SEC. 1239. REQUIREMENT TO SUBMIT TO CONGRESS A 
PLAN FOR A FOREIGN INFRASTRUCTURE 
PROJECT USING FUNDS MADE AVAILABLE 
FOR OVERSEAS CONTINGENCY OPERATIONS. 
(a) PLAN REQUIRED.—Not later than 60 days prior 
to the commencement of a covered infrastructure project, 
the head of the Federal department or agency with pri-
mary responsibility for carrying out the project shall sub-
mit to Congress a plan to carry out and sustain the 
project. 
(b) MATTERS TO BE INCLUDED.—The plan shall in-
clude a description of the following: 
(1) The total amount of funds to be obligated 
and expended under the project, including the total 
amount of funds to be contributed from other 
sources. 
(2) How the project will be maintained after its 
completion, who will be responsible for maintaining 
the project, and who will contribute funds for main-
taining the project. 
(3) How the project will be protected after its 
completion. 
(c) COVERED INFRASTRUCTURE PROJECT.—In this 
section, the term ‘‘covered infrastructure project’’ or 
‘‘project’’ means a project to improve the infrastructure 
of a foreign country under which the United States con-
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tributes not less than $1,000,000 from funds made avail-
able for overseas contingency operations. 
(d) EFFECTIVE DATE.—This section takes effect on 
the date of the enactment of this Act and applies with 
respect covered infrastructure projects commenced on or 
after 60 days after such date of enactment. 
SEC. 1240. SALE OF F–16 AIRCRAFT TO TAIWAN. 
The President shall carry out the sale of no fewer 
than 66 F–16C/D multirole fighter aircraft to Taiwan. 
SEC. 1240A. LIMITATION ON FUNDS FOR INSTITUTIONS OR 
ORGANIZATIONS 
ESTABLISHED 
BY 
THE 
UNITED NATIONS CONVENTION ON THE LAW 
OF THE SEA. 
None of the funds authorized to be appropriated by 
this Act may be made available for any institution or orga-
nization established by the United Nations Convention on 
the Law of the Sea, including the International Seabed 
Authority, the International Tribunal for the Law of the 
Sea, and the Commission on the Limits of the Continental 
Shelf. 
SEC. 1240B. REMOVAL OF BRIGADE COMBAT TEAMS FROM 
EUROPE. 
(a) FINDING.—Congress finds that, because defense 
spending among European NATO countries fell 12% since 
2008, from $314 billion to $275 billion, so that currently 
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only 4 out of the 28 NATO allies of the United States 
are spending the widely agreed-to standard of 2% of their 
GDP on defense, the United States must look to more 
wisely allocate scarce resources to provide for the national 
defense. 
(b) REMOVAL AUTHORIZED.—The President is au-
thorized and requested to end the permanent basing of 
units of the United States Armed Forces in European 
member nations of the North Atlantic Treaty Organiza-
tion and return the four Brigade Combat Teams currently 
stationed in Europe to the United States. 
(c) USE OF ROTATIONAL FORCES TO SATISFY SECU-
RITY NEEDS.—It is the policy of the United States that 
the deployment of units of the United States Armed 
Forces on a rotational basis at military installations in 
European member nations of the North Atlantic Treaty 
Organization pursuant to the Army Force Generation 
(ARFORGEN) process is a force-structure arrangement 
sufficient to permit the United States— 
(1) to satisfy the commitments undertaken by 
United States pursuant to Article 5 of the North At-
lantic Treaty, signed at Washington, District of Co-
lumbia, on April 4, 1949, and entered into force on 
August 24, 1949 (63 Stat. 2241; TIAS 1964); 
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(2) to address the current security environment 
in Europe; and 
(3) to contribute to peace and stability in Eu-
rope. 
SEC. 1240C. LIMITATION ON FUNDS FOR UNITED STATES 
PARTICIPATION IN JOINT MILITARY EXER-
CISES WITH EGYPT. 
None of the funds authorized to be appropriated by 
this Act may be made available for United States partici-
pation in joint military exercises with Egypt if the Govern-
ment of Egypt terminates or withdraws from the 1979 
Israeli-Egypt peace treaty. 
Subtitle E—Authority to Remove 
Satellites and Related Compo-
nents and Technology From the 
United States Munitions List 
SEC. 1241. AUTHORITY TO REMOVE SATELLITES AND RE-
LATED 
COMPONENTS 
AND 
TECHNOLOGY 
FROM THE UNITED STATES MUNITIONS LIST. 
(a) AUTHORITY.—Subject to subsection (b), the 
President is authorized to remove commercial satellites 
and related components and technology from the United 
States Munitions List, consistent with the procedures in 
section 38(f) of the Arms Export Control Act (22 U.S.C. 
2778(f)). 
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(b) DETERMINATION.—The President may exercise 
the authority provided in subsection (a) only if the Presi-
dent submits to the appropriate congressional committees 
a determination that the transfer of commercial satellites 
and related components and technology from the United 
States Munitions List does not pose an unacceptable risk 
to the national security of the United States. Such deter-
mination shall include a description of the risk-mitigating 
controls, procedures, and safeguards the President will put 
in place to reduce such risk to an absolute minimum. 
(c) PROHIBITION.—No license or other authorization 
for export shall be granted for the transfer, retransfer, or 
reexport of any commercial satellite or related component 
or technology contained on the Commerce Control List to 
any person or entity of the following: 
(1) The People’s Republic of China. 
(2) Cuba. 
(3) Iran. 
(4) North Korea. 
(5) Sudan. 
(6) Syria. 
(7) Any other country with respect to which the 
United States would deny the application for licenses 
and other approvals for exports and imports of de-
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