345 
vidual in a non-permanent appointment in 
the excepted service with national security 
responsibilities.’’. 
SEC. 953. ANNUAL BRIEFING TO CONGRESSIONAL DEFENSE 
COMMITTEES ON CERTAIN WRITTEN POLICY 
GUIDANCE. 
Section 113(g) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(3) The Secretary of Defense shall provide an annual 
briefing to the congressional defense committees on the writ-
ten policy guidance provided under paragraphs (1) and 
(2).’’. 
SEC. 954. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
REIMBURSEMENT OF COSTS OF ACTIVITIES 
FOR NONGOVERNMENTAL PERSONNEL AT DE-
PARTMENT OF DEFENSE REGIONAL CENTERS 
FOR SECURITY STUDIES. 
(a) EXTENSION.—Paragraph (1) of section 941(b) of 
the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 184 
note), is amended by striking ‘‘through 2012’’ and inserting 
‘‘through 2013’’. 
(b) ASSESSMENT REQUIRED.—The Comptroller Gen-
eral of the United States shall assess— 
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(1) the effectiveness of the Regional Centers for 
Security Studies in meeting the Centers’ objectives 
and advancing the priorities of the Department of De-
fense; 
(2) the extent to which the Centers perform a 
unique function within the interagency community or 
the extent to which there are similar or duplicative ef-
forts within the Department of Defense or the Depart-
ment of State; 
(3) the measures of effectiveness and impact in-
dicators each Regional Center uses to internally 
evaluate its programs; 
(4) the oversight mechanisms within the Depart-
ment of Defense with respect to the Regional Centers; 
and 
(5) the costs and benefits to the Department of 
Defense of waiving reimbursement costs for personnel 
of nongovernmental organizations and international 
organizations to participate in activities of the Cen-
ters on an ongoing basis. 
(c) REPORT.—Not later than March 1, 2013, the 
Comptroller General shall submit to the Committees on 
Armed Services and on Foreign Relations of the Senate and 
the Committees on Armed Services and on Foreign Affairs 
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of the House of Representatives a report on the assessment 
required by subsection (b). 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2013 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that the 
Secretary may transfer under the authority of this 
section may not exceed $3,500,000,000. 
(3) EXCEPTION FOR TRANSFERS BETWEEN MILI-
TARY
PERSONNEL
AUTHORIZATIONS.—A transfer of 
funds between military personnel authorizations 
under title IV shall not be counted toward the dollar 
limitation in paragraph (2). 
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(b) LIMITATIONS.—The authority provided by sub-
section (a) to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items from 
which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority 
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred 
by an amount equal to the amount transferred. 
(d) NOTICE
TO
CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under sub-
section (a). 
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement titled 
‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 
submitted for printing in the Congressional Record by the 
Chairman of the Committee on the Budget of the House of 
Representatives, as long as such statement has been sub-
mitted prior to the vote on passage of this Act. 
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349 
SEC. 1003. ANNUAL REPORT ON ARMED FORCES UNFUNDED 
PRIORITIES. 
(a) REPORT REQUIRED.—Not later than 30 days after 
the date on which the budget for a fiscal year is submitted 
to Congress pursuant to section 1105 of title 31, United 
States Code, each member of the Joint Chiefs of Staff speci-
fied in subsection (b) and the Commander of the United 
States Special Operations Command shall submit to the 
congressional defense committees a report containing a list 
of the unfunded priorities for the Armed Force under the 
jurisdiction of that member or commander. 
(b) COVERED MILITARY SERVICE CHIEFS.—The re-
ports required by subsection (a) shall be submitted by the 
Chief of Staff of the Army, the Chief of Naval Operations, 
the Chief of Staff of the Air Force, the Commandant of the 
Marine Corps, and the Chief of the National Guard Bureau. 
(c) UNFUNDED PRIORITIES DEFINED.—In this section, 
the term ‘‘unfunded priorities’’, with respect to a report re-
quired by subsection (a) for a fiscal year, means a program 
or mission requirement that— 
(1) has not been selected for funding in the pro-
posed budget for the fiscal year; 
(2) is necessary to fulfill a requirement associ-
ated with a combatant commander operational or 
contingency plan or other validated global force re-
quirement; and 
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(3) the officer submitting the report would have 
recommended for inclusion in the proposed budget for 
the fiscal year had additional resources been available 
or had the requirement emerged before the budget was 
submitted. 
Subtitle B—Counter-Drug Activities 
SEC. 1011. EXTENSION OF THE AUTHORITY OF THE CHIEF 
OF THE NATIONAL GUARD BUREAU TO ESTAB-
LISH 
AND 
OPERATE 
NATIONAL 
GUARD 
COUNTERDRUG SCHOOLS. 
Section 901 of the Office of National Drug Control Pol-
icy Reauthorization Act of 2006 (Public Law 109–469; 120 
Stat. 3536; 32 U.S.C. 112 note) is amended— 
(1) in subsection (c)— 
(A) by striking paragraph (1) and redesig-
nating paragraphs (2) through (5) as para-
graphs (1) through (4), respectively; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(5) The Western Regional Counterdrug Train-
ing Center, Camp Murray, Washington.’’; 
(2) by striking subsection (f) and redesignating 
subsection (g) as subsection (f); and 
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(3) in subsection (f)(1), as so redesignated, by 
striking ‘‘fiscal years 2006 through 2010’’ and insert-
ing ‘‘fiscal years 2013 through 2017’’. 
SEC. 1012. REPORTING REQUIREMENT ON EXPENDITURES 
TO SUPPORT FOREIGN COUNTER-DRUG AC-
TIVITIES. 
Section 1022(a) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–255), 
as most recently amended by the section 1008 of the Na-
tional Defense Authorization Act for Fiscal Year 2012 (Pub-
lic Law 112–81; 125 Stat. 1558), is further amended by 
striking ‘‘February 15, 2012’’ and inserting ‘‘February 15, 
2013’’. 
SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNI-
FIED 
COUNTER-DRUG 
AND 
COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2042), as most recently amended by sec-
tion 1007 of the National Defense Authorization Act for Fis-
cal Year 2012 (Public Law 112–81; 125 Stat. 1558), is 
amended— 
(1) in subsection (a), by striking ‘‘2012’’ and in-
serting ‘‘2013’’; and 
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(2) in subsection (c), by striking ‘‘2012’’ and in-
serting ‘‘2013’’. 
SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK 
FORCES TO PROVIDE SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 
1594; 10 U.S.C. 371 note) is amended by striking ‘‘2012’’ 
and inserting ‘‘2013’’. 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. POLICY RELATING TO MAJOR COMBATANT VES-
SELS OF THE STRIKE FORCES OF THE UNITED 
STATES NAVY. 
Section 1012 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
303), as most recently amended by section 1015 of the Dun-
can Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4586), is 
amended by striking ‘‘Secretary of Defense’’ and all that 
follows through the period and inserting the following: ‘‘Sec-
retary the Navy notifies the congressional defense commit-
tees that, as a result of a cost-benefit analysis, it would not 
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be practical for the Navy to design the class of ships with 
an integrated nuclear power system.’’. 
SEC. 1022. LIMITATION ON AVAILABILITY OF FUNDS FOR 
DELAYED ANNUAL NAVAL VESSEL CONSTRUC-
TION PLAN. 
(a) IN GENERAL.—Section 231 of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (e) as subsection 
(f); and 
(2) by inserting after subsection (d) the following 
new subsection (e): 
‘‘(e)(1) If the Secretary of Defense does not include 
with the defense budget materials for a fiscal year the plan 
and certification under subsection (a), the Secretary of the 
Navy may not use more than 50 percent of the funds de-
scribed in paragraph (2) during the fiscal year in which 
such materials are submitted until the date on which such 
plan and certification are submitted to the congressional 
defense committees. 
‘‘(2) The funds described in this paragraph are funds 
made available to the Secretary of the Navy for operation 
and maintenance, Navy, for emergencies and extraordinary 
expenses.’’. 
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(b) CONFORMING AMENDMENT.—Section 12304b(i) of 
title 10, United States Code, is amended by striking 
‘‘231(e)(2)’’ and inserting ‘‘section 231(f)(2)’’. 
Subtitle D—Counterterrorism 
SEC. 1031. FINDINGS ON DETENTION PURSUANT TO THE 
AUTHORIZATION 
FOR 
USE 
OF 
MILITARY 
FORCE ENACTED IN 2001. 
Congress finds the following: 
(1) In 2001, Congress passed, and the President 
signed, the Authorization for Use of Military Force 
(Public Law 107–40; 50 U.S.C. 1541 note) (herein-
after referred to as the ‘‘AUMF’’), which authorized 
the President to ‘‘use all necessary and appropriate 
force’’ against those responsible for the attacks of Sep-
tember 11, 2001, and those who harbored them ‘‘in 
order to prevent any future acts of international ter-
rorism against the United States’’. 
(2) In 2004, the Supreme Court held in Hamdi 
v. Rumsfeld that the AUMF authorized the President 
to detain individuals, including a United States cit-
izen captured in Afghanistan and later detained in 
the United States, legitimately determined to be ‘‘en-
gaged in armed conflict against the United States’’ 
until the end of hostilities, noting that ‘‘[W]e under-
stand Congress’ grant of authority for the use of ‘nec-
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355 
essary and appropriate force’ to include the authority 
to detain for the duration of the relevant conflict, and 
our understanding is based on longstanding law-of- 
war principles’’. 
(3) The Court reaffirmed the long-standing prin-
ciple of American law that a United States citizen 
may not be detained in the United States pursuant 
to the AUMF without due process of law, stating the 
following: 
(A) ‘‘Striking the proper constitutional bal-
ance here is of great importance to the Nation 
during this period of ongoing combat. But it is 
equally vital that our calculus not give short 
shrift to the values that this country holds dear 
or to the privilege that is American citizenship.’’. 
(B) ‘‘It is during our most challenging and 
uncertain moments that our Nation’s commit-
ment to due process is most severely tested; and 
it is in those times that we must preserve our 
commitment at home to the principles for which 
we fight abroad.’’. 
(C) ‘‘[A] state of war is not a blank check 
for the President when it comes to the rights of 
the Nation’s citizens.’’. 
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(D) ‘‘[A]bsent suspension, the writ of habeas 
corpus remains available to every individual de-
tained within the United States.’’. 
(E) ‘‘All agree suspension of the writ has 
not occurred here.’’. 
(F) ‘‘[A]n enemy combatant must receive 
notice of the factual basis for his classification, 
and a fair opportunity to rebut the Govern-
ment’s factual assertions before a neutral deci-
sionmaker.’’. 
(G) ‘‘Whatever power the United States 
Constitution envisions for the Executive in its 
exchanges with other nations or with enemy or-
ganizations in times of conflict, it most as-
suredly envisions a role for all three branches 
when individual liberties are at stake.’’. 
(H) ‘‘[U]nless Congress acts to suspend it, 
the Great Writ of habeas corpus allows the Judi-
cial Branch to play a necessary role in main-
taining this delicate balance of governance, serv-
ing as an important judicial check on the Execu-
tive’s discretion in the realm of detentions.’’. 
(I) ‘‘We reaffirm today the fundamental na-
ture of a citizen’s right to be free from involun-
tary confinement by his own government without 
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due process of law, and we weigh the opposing 
governmental interests against the curtailment of 
liberty that such confinement entails.’’. 
(4) In 2008, in Boumediene v. Bush, the Su-
preme Court also extended the constitutional right to 
habeas corpus to the foreign detainees held pursuant 
to the AUMF at the United States Naval Station, 
Guantanamo Bay, Cuba. 
(5) Chapter 47A of title 10, United States Code, 
as originally enacted by the Military Commissions 
Act of 2006 (Public Law 109–366), only allows for 
prosecution of foreign terrorists by military commis-
sion. 
(6) In 2011, with the enactment of the National 
Defense Authorization Act for Fiscal Year 2012 (Pub-
lic Law 112–81), Congress and the President affirmed 
the authority of the Armed Forces of the United 
States to detain pursuant to the AUMF a person who 
planned, authorized, committed, or aided the terrorist 
attacks that occurred on September 11, 2001, or har-
bored those responsible for those attacks, or a person 
who was a part of or substantially supported al- 
Qaeda, the Taliban, or associated forces that are en-
gaged in hostilities against the United States or its 
coalition partners, including any person who has 
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committed a belligerent act or has directly supported 
such hostilities in aid of such enemy forces. 
(7) The interpretation of the detention authority 
provided by the AUMF under the National Defense 
Authorization Act for Fiscal Year 2012 is the same as 
the interpretation used by the Obama administration 
in its legal filings in Federal court and is nearly 
identical to the interpretation used by the Bush ad-
ministration. This interpretation has also been 
upheld by the United States Court of Appeals for the 
District of Columbia Circuit. 
(8) Such Act also requires the Secretary of De-
fense to regularly brief Congress regarding the appli-
cation of the detention authority provided by the 
AUMF. 
(9) Section 1021 of such Act states that ‘‘Nothing 
in this section shall be construed to affect existing law 
or authorities relating to the detention of United 
States citizens, lawful resident aliens of the United 
States, or any other persons who are captured or ar-
rested in the United States.’’. 
SEC. 1032. FINDINGS REGARDING HABEAS CORPUS RIGHTS. 
Congress finds the following: 
(1) Article 1, section 9 of the Constitution states 
‘‘The Privilege of the Writ of Habeas Corpus shall not 
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be suspended, unless when in Cases of Rebellion or In-
vasion the public Safety may require it.’’. 
(2) Regarding the Great Writ, the Supreme 
Court has noted ‘‘The writ of habeas corpus is the 
fundamental instrument for safeguarding individual 
freedom against arbitrary and lawless state action.’’. 
SEC. 1033. HABEAS CORPUS RIGHTS. 
Nothing in the Authorization for Use of Military Force 
(Public Law 107–40; 50 U.S.C. 1541 note) or the National 
Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81) shall be construed to deny the availability of 
the writ of habeas corpus in a court ordained or established 
by or under Article III of the Constitution for any person 
who is detained in the United States pursuant to the Au-
thorization for Use of Military Force (Public Law 107–40; 
50 U.S.C. 1541 note). 
SEC. 1034. EXTENSION OF AUTHORITY TO MAKE REWARDS 
FOR COMBATING TERRORISM. 
(a) EXTENSION.—Section 127b(c)(3)(C) of title 10, 
United States Code, is amended by striking ‘‘September 30, 
2013’’ and inserting ‘‘September 30, 2014’’. 
(b) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a report that outlines the future requirements and au-
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thorities to make rewards for combating terrorism. The re-
port shall include— 
(1) an analysis of future requirements under sec-
tion 127b of title 10, United States Code; 
(2) a detailed description of requirements for re-
wards in support of operations with allied forces; and 
(3) an overview of geographic combatant com-
mander requirements through September 30, 2014. 
SEC. 1035. PROHIBITION ON TRAVEL TO THE UNITED 
STATES FOR CERTAIN DETAINEES REPATRI-
ATED TO THE FEDERATED STATES OF MICRO-
NESIA, THE REPUBLIC OF PALAU, AND THE 
REPUBLIC OF THE MARSHALL ISLANDS. 
(a) PROHIBITION
ON
TRAVEL
TO
THE
UNITED 
STATES.—Notwithstanding any provision of the applicable 
Compact of Free Association described in subsection (c), an 
individual described in subsection (b) who has been repatri-
ated to the Federated States of Micronesia, the Republic of 
the Marshall Islands, or the Republic of Palau may not be 
afforded the rights and benefits put forth in section 141 of 
such applicable Compact of Free Association. 
(b) INDIVIDUAL DESCRIBED.—An individual described 
in this subsection is an individual who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; and 
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(2) is or was located at United States Naval 
Station, Guantanamo Bay, Cuba, on or after Sep-
tember 11, 2001, while— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) APPLICABLE COMPACT OF FREE ASSOCIATION.— 
The applicable Compact of Free Association described in 
this subsection is— 
(1) with respect to an individual repatriated to 
the Federal States of Micronesia, the Compact of Free 
Association, as amended, between the Government of 
the United States of America and the Government of 
the Federated States of Micronesia as set forth in sec-
tion 201(a) of the Compact of Free Association 
Amendments Act of 2003 (Public Law 108–188; 48 
U.S.C. 1921 note); 
(2) with respect to an individual repatriated to 
the Republic of the Marshall Islands, the Compact of 
Free Association, as amended, between the Govern-
ment of the United States of America and the Govern-
ment of the Republic of the Marshall Islands as set 
forth in section 201(b) of the Compact of Free Asso-
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ciation Amendments Act of 2003 (Public Law 108– 
188; 48 U.S.C. 1921 note); and 
(3) with respect to an individual repatriated to 
the Republic of Palau, the Compact of Free Associa-
tion between the Government of the United States of 
America and the Government of Palau as set forth in 
section 201 of the joint resolution entitled ‘‘A Joint 
Resolution to approve the ‘Compact of Free Associa-
tion’ between the United States and the Government 
of Palau, and for other purposes’’, approved Novem-
ber 14, 1986 (Public Law 99–658; 48 U.S.C. 1931 
note). 
SEC. 1036. PROHIBITION ON THE USE OF FUNDS FOR THE 
TRANSFER OR RELEASE OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated by this 
Act for fiscal year 2013 may be used to transfer, release, 
or assist in the transfer or release to or within the United 
States, its territories, or possessions of Khalid Sheikh Mo-
hammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
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(2) is or was held on or after January 20, 2009, 
at United States Naval Station, Guantanamo Bay, 
Cuba, by the Department of Defense. 
SEC. 1037. REQUIREMENTS FOR CERTIFICATIONS RELAT-
ING TO THE TRANSFER OF DETAINEES AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO FOREIGN COUNTRIES 
AND OTHER FOREIGN ENTITIES. 
(a) CERTIFICATION REQUIRED PRIOR
TO TRANS-
FER.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (d), the Secretary of Defense 
may not use any amounts authorized to be appro-
priated or otherwise available to the Department of 
Defense for fiscal year 2013 to transfer any indi-
vidual detained at Guantanamo to the custody or 
control of the individual’s country of origin, any 
other foreign country, or any other foreign entity un-
less the Secretary submits to Congress the certification 
described in subsection (b) not later than 30 days be-
fore the transfer of the individual. 
(2) EXCEPTION.—Paragraph (1) shall not apply 
to any action taken by the Secretary to transfer any 
individual detained at Guantanamo to effectuate an 
order affecting the disposition of the individual that 
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is issued by a court or competent tribunal of the 
United States having lawful jurisdiction (which the 
Secretary shall notify Congress of promptly after 
issuance). 
(b) CERTIFICATION.—A certification described in this 
subsection is a written certification made by the Secretary 
of Defense, with the concurrence of the Secretary of State 
and in consultation with the Director of National Intel-
ligence, that— 
(1) the government of the foreign country or the 
recognized leadership of the foreign entity to which 
the individual detained at Guantanamo is to be 
transferred— 
(A) is not a designated state sponsor of ter-
rorism or a designated foreign terrorist organi-
zation; 
(B) maintains control over each detention 
facility in which the individual is to be detained 
if the individual is to be housed in a detention 
facility; 
(C) is not, as of the date of the certification, 
facing a threat that is likely to substantially af-
fect its ability to exercise control over the indi-
vidual; 
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(D) has taken or agreed to take effective ac-
tions to ensure that the individual cannot take 
action to threaten the United States, its citizens, 
or its allies in the future; 
(E) has taken or agreed to take such actions 
as the Secretary of Defense determines are nec-
essary to ensure that the individual cannot en-
gage or reengage in any terrorist activity; and 
(F) has agreed to share with the United 
States any information that— 
(i) is related to the individual or any 
associates of the individual; and 
(ii) could affect the security of the 
United States, its citizens, or its allies; and 
(2) includes an assessment, in classified or un-
classified form, of the capacity, willingness, and past 
practices (if applicable) of the foreign country or enti-
ty in relation to the Secretary’s certifications. 
(c) PROHIBITION IN CASES OF PRIOR CONFIRMED RE-
CIDIVISM.— 
(1) PROHIBITION.—Except as provided in para-
graph (2) and subsection (d), the Secretary of Defense 
may not use any amounts authorized to be appro-
priated or otherwise made available to the Depart-
ment of Defense to transfer any individual detained 
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at Guantanamo to the custody or control of the indi-
vidual’s country of origin, any other foreign country, 
or any other foreign entity if there is a confirmed 
case of any individual who was detained at United 
States Naval Station, Guantanamo Bay, Cuba, at 
any time after September 11, 2001, who was trans-
ferred to such foreign country or entity and subse-
quently engaged in any terrorist activity. 
(2) EXCEPTION.—Paragraph (1) shall not apply 
to any action taken by the Secretary to transfer any 
individual detained at Guantanamo to effectuate an 
order affecting the disposition of the individual that 
is issued by a court or competent tribunal of the 
United States having lawful jurisdiction (which the 
Secretary shall notify Congress of promptly after 
issuance). 
(d) NATIONAL SECURITY WAIVER.— 
(1) IN GENERAL.—The Secretary of Defense may 
waive the applicability to a detainee transfer of a cer-
tification requirement specified in subparagraph (D) 
or (E) of subsection (b)(1) or the prohibition in sub-
section (c), if the Secretary certifies the rest of the cri-
teria required by subsection (b) for transfers prohib-
ited by subsection (c) and, with the concurrence of the 
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Secretary of State and in consultation with the Direc-
tor of National Intelligence, determines that— 
(A) alternative actions will be taken to ad-
dress the underlying purpose of the requirement 
or requirements to be waived; 
(B) in the case of a waiver of subparagraph 
(D) or (E) of subsection (b)(1), it is not possible 
to certify that the risks addressed in the para-
graph to be waived have been completely elimi-
nated, but the actions to be taken under subpara-
graph (A) will substantially mitigate such risks 
with regard to the individual to be transferred; 
(C) in the case of a waiver of subsection (c), 
the Secretary has considered any confirmed case 
in which an individual who was transferred to 
the country subsequently engaged in terrorist ac-
tivity, and the actions to be taken under sub-
paragraph (A) will substantially mitigate the 
risk of recidivism with regard to the individual 
to be transferred; and 
(D) the transfer is in the national security 
interests of the United States. 
(2) REPORTS.—Whenever the Secretary makes a 
determination under paragraph (1), the Secretary 
shall submit to the appropriate committees of Con-
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gress, not later than 30 days before the transfer of the 
individual concerned, the following: 
(A) A copy of the determination and the 
waiver concerned. 
(B) A statement of the basis for the deter-
mination, including— 
(i) an explanation why the transfer is 
in the national security interests of the 
United States; and 
(ii) in the case of a waiver of subpara-
graph (D) or (E) of subsection (b)(1), an 
explanation why it is not possible to certify 
that the risks addressed in the subpara-
graph to be waived have been completely 
eliminated. 
(C) A summary of the alternative actions to 
be taken to address the underlying purpose of, 
and to mitigate the risks addressed in, the sub-
paragraph or subsection to be waived. 
(D) The assessment required by subsection 
(b)(2). 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
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369 
(A) the Committee on Armed Services, the 
Committee on Appropriations, and the Select 
Committee on Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives. 
(2) The term ‘‘individual detained at Guanta-
namo’’ means any individual located at United 
States Naval Station, Guantanamo Bay, Cuba, as of 
October 1, 2009, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is— 
(i) in the custody or under the control 
of the Department of Defense; or 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
(3) The term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Sec-
retary of State under section 219 of the Immigration 
and Nationality Act (8 U.S.C. 1189). 
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SEC. 1038. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 
OR 
MODIFY 
FACILITIES 
IN 
THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANS-
FERRED FROM UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be ap-
propriated or otherwise made available to the Department 
of Defense for fiscal year 2013 may be used to construct 
or modify any facility in the United States, its territories, 
or possessions to house any individual detained at Guanta-
namo for the purposes of detention or imprisonment in the 
custody or under the control of the Department of Defense 
unless authorized by Congress. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED
AT GUANTANAMO DE-
FINED.—In this section, the term ‘‘individual detained at 
Guantanamo’’ has the meaning given that term in section 
1037(e)(2). 
SEC. 1039. REPORTS ON RECIDIVISM OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA, THAT HAVE BEEN 
TRANSFERRED TO FOREIGN COUNTRIES. 
(a) REPORT ON FACTORS CAUSING OR CONTRIBUTING 
TO RECIDIVISM.—Not later than 60 days after the date of 
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371 
the enactment of this Act, and annually thereafter for five 
years, the Director of the Defense Intelligence Agency, in 
consultation with the head of each element of the intelligence 
community that the Director considers appropriate, shall 
submit to the covered congressional committees a report as-
sessing the factors that cause or contribute to the recidivism 
of individuals detained at Guantanamo that are transferred 
or released to a foreign country, including a discussion of 
trends, by country and region, where recidivism has oc-
curred. 
(b) REPORT ON EFFECTIVENESS OF INTERNATIONAL 
AGREEMENTS.—Not later than 60 days after the date of the 
enactment of this Act, the Secretary of State, with the con-
currence of the Secretary of Defense, shall submit to the cov-
ered congressional committees, the Committee on Foreign 
Affairs of the House of Representatives, and the Committee 
on Foreign Relations of the Senate a report assessing the 
effectiveness of international agreements relating to the 
transfer or release of individuals detained at Guantanamo 
between the United States and each foreign country to 
which an individual detained at Guantanamo has been 
transferred or released. 
(c) FORM.—The reports required under subsections (a) 
and (b) shall be submitted in unclassified form, but may 
include a classified annex. 
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(d) DEFINITIONS.—In this section: 
(1) COVERED
CONGRESSIONAL
COMMITTEES.— 
The 
term 
‘‘covered 
congressional 
committees’’ 
means— 
(A) the Committee on Armed Services and 
the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(B) the Committee on Armed Services and 
the Select Committee on Intelligence of the Sen-
ate. 
(2) INDIVIDUAL DETAINED AT GUANTANAMO.— 
The term ‘‘individual detained at Guantanamo’’ 
means any individual that is or was located at 
United States Naval Station, Guantanamo Bay, 
Cuba, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is or was— 
(i) in the custody or under the control 
of the Department of Defense; or 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
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373 
SEC. 1040. NOTICE AND REPORT ON USE OF NAVAL VES-
SELS FOR DETENTION OF INDIVIDUALS CAP-
TURED OUTSIDE AFGHANISTAN PURSUANT 
TO THE AUTHORIZATION FOR USE OF MILI-
TARY FORCE. 
(a) NOTICE TO CONGRESS.—Not later than 5 days 
after first detaining an individual who is captured pursu-
ant to the Authorization for Use of Military Force on a 
naval vessel outside the United States, the Secretary of De-
fense shall submit to the Committees on Armed Services of 
the Senate and House of Representatives notice of the deten-
tion. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives 
a report on the use of naval vessels for the detention 
outside the United States of any individual who is 
captured pursuant to the Authorization for Use of 
Military Force (Public Law 107–40; 50 U.S.C. 1541 
note). Such report shall include— 
(A) procedures and any limitations on de-
taining such individuals at sea on board United 
States naval vessels; 
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(B) an assessment of any force protection 
issues associated with detaining such individuals 
on such vessels; 
(C) an assessment of the likely effect of such 
detentions on the original mission of the naval 
vessel; and 
(D) any restrictions on long-term detention 
of individuals on United States naval vessels. 
(2) FORM
OF
REPORT.—The report required 
under paragraph (1) shall be submitted in unclassi-
fied form but may contain a classified annex. 
SEC. 1041. NOTICE REQUIRED PRIOR TO TRANSFER OF CER-
TAIN INDIVIDUALS DETAINED AT THE DETEN-
TION FACILITY AT PARWAN, AFGHANISTAN. 
(a) NOTICE REQUIRED.—The Secretary of Defense 
shall submit to the appropriate congressional committees 
notice in writing of the proposed transfer of any individual 
detained pursuant to the Authorization for Use of Military 
Force (Public Law 107–40; 50 U.S.C. 1541 note) who is 
a national of a country other than the United States or 
Afghanistan from detention at the Detention Facility at 
Parwan, Afghanistan, to the custody of the Government of 
Afghanistan or of any other country. Such notice shall be 
provided not later than 10 days before such a transfer may 
take place. 
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(b) 
ADDITIONAL
ASSESSMENTS
AND
CERTIFI-
CATIONS.—As part of the notice required under subsection 
(a), the Secretary shall include the following: 
(1) In the case of the proposed transfer of such 
an individual by reason of the individual being re-
leased, an assessment of the threat posed by the indi-
vidual and the security environment of the country to 
which the individual is to be transferred. 
(2) In the case of the proposed transfer of such 
an individual to a country other than Afghanistan 
for the purpose of the prosecution of the individual, 
a certification that an assessment has been conducted 
regarding the capacity, willingness, and historical 
track record of the country with respect to prosecuting 
similar cases, including a description of the evidence 
against the individual that is likely to be admissible 
as part of the prosecution. 
(3) In the case of the proposed transfer of such 
an individual for reintegration or rehabilitation in a 
country other than Afghanistan, a certification that 
an assessment has been conducted regarding the ca-
pacity, willingness, and historical track records of the 
country for reintegrating or rehabilitating similar in-
dividuals. 
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(4) In the case of the proposed transfer of such 
an individual to the custody of the government of Af-
ghanistan for prosecution or detention, a certification 
that an assessment has been conducted regarding the 
capacity, willingness, and historical track record of 
Afghanistan to prosecute or detain long-term such in-
dividuals. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the Committee on Armed Services 
and the Committee on Foreign Affairs of the House of Rep-
resentatives and the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate. 
SEC. 1042. REPORT ON RECIDIVISM OF INDIVIDUALS FOR-
MERLY DETAINED AT THE DETENTION FACIL-
ITY AT PARWAN, AFGHANISTAN. 
(a) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the relevant congressional committees a report 
that— 
(1) assesses recidivism rates and the factors that 
cause or contribute to the recidivism of individuals 
formerly detained at the Detention Facility at 
Parwan, Afghanistan, who are transferred or released, 
with particular emphasis on individuals transferred 
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or released in connection with reconciliation efforts or 
peace negotiations; and 
(2) includes a general rationale of the Com-
mander, International Security Assistance Force, as 
to why such individuals were released. 
(b) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(c) RELEVANT CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘relevant congressional 
committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
SEC. 1043. ADDITIONAL REQUIREMENTS RELATING TO THE 
TRANSFER OF INDIVIDUALS DETAINED AT 
GUANTANAMO TO FOREIGN COUNTRIES AND 
OTHER FOREIGN ENTITIES. 
Section 1028 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81) is amend-
ed— 
(1) in subsection (a)(1)— 
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(A) by striking ‘‘the certification described 
in subsection (b) not later than 30 days before 
the transfer of the individual’’ and inserting ‘‘by 
not later than 90 days before the transfer each 
of the following;’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(A) The certification described in sub-
section (b). 
‘‘(B) An assessment of the likelihood that 
the individual to be transferred will engage in 
terrorist activity after the transfer takes place. 
‘‘(C) A detailed summary, in classified or 
unclassified form, of the individual’s history of 
associations with foreign terrorist organizations 
and the individual’s record of cooperation while 
in the custody of or under the effective control of 
the Department of Defense.’’; and 
(2) in subsection (d)(2) — 
(A) by striking ‘‘30 days’’ and inserting 
‘‘90 days’’; and 
(B) by adding at the end the following new 
subparagraphs: 
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‘‘(E) An assessment of the likelihood that 
the individual to be transferred will engage in 
terrorist activity after the transfer takes place. 
‘‘(F) A detailed summary, in classified or 
unclassified form, of the individual’s history of 
associations with foreign terrorist organizations 
and the individual’s record of cooperation while 
in the custody of or under the effective control of 
the Department of Defense.’’. 
Subtitle E—Nuclear Forces 
SEC. 1051. NUCLEAR WEAPONS EMPLOYMENT STRATEGY OF 
THE UNITED STATES. 
(a) SENSE OF CONGRESS.—Subsection (a) of section 
1046 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1579) is amended 
to read as follows: 
‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
‘‘(1) any future modification to the nuclear 
weapons employment strategy, plans, and options of 
the United States should maintain or enhance the 
ability of the nuclear forces of the United States to 
support the goals of the United States with respect to 
nuclear deterrence, extended deterrence, and assur-
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380 
ances for allies, and the defense of the United States; 
and 
‘‘(2) the oversight responsibility of Congress in-
cludes oversight of the nuclear weapons employment 
strategy, plans, and options of the United States and 
that therefore the Chairmen and Ranking Members of 
the Committees on Armed Services of the Senate and 
House of Representatives, and such professional staff 
as they designate, should have access to the nuclear 
weapons employment strategy, plans, and options of 
the United States.’’. 
(b) REPORTS ON STRATEGY.—Section 491 of title 10, 
United States Code, is— 
(1) transferred to chapter 24 of such title, as 
added by subsection (c)(1); and 
(2) amended— 
(A) in the heading, by inserting ‘‘weap-
ons’’ after ‘‘Nuclear’’; 
(B) by striking ‘‘nuclear employment strat-
egy’’ each place it appears and inserting ‘‘nu-
clear weapons employment strategy’’; 
(C) in paragraph (1)— 
(i) by inserting ‘‘the’’ after ‘‘modifica-
tions to’’; and 
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(ii) by inserting ‘‘, plans, and options’’ 
after ‘‘employment strategy’’; 
(D) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) the extent to which such modifications in-
clude an increased reliance on conventional or non- 
nuclear global strike capabilities or missile defenses of 
the United States.’’; 
(E) by striking ‘‘On the date’’ and inserting 
‘‘(a) REPORTS.—On the date’’; and 
(F) by adding at the end the following new 
subsection: 
‘‘(b) ANNUAL BRIEFINGS.—Not later than March 15 
of each year, the Secretary of Defense shall provide to the 
congressional defense committees a briefing regarding the 
nuclear weapons employment strategy, plans, and options 
of the United States.’’. 
(c) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) CHAPTER 24.—Part I of subtitle A of title 10, 
United States Code, is amended by adding at the end 
the following new chapter: 
‘‘CHAPTER 24—NUCLEAR POSTURE 
‘‘Sec. 
‘‘491. Nuclear weapons employment strategy of the United States: modification of 
strategy.’’. 
(2) TABLE OF CHAPTERS.—The table of chapters 
at the beginning of subtitle A of title 10, United 
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382 
States Code, and at the beginning of part I of such 
subtitle, are each amended by inserting after the item 
relating to chapter 23 the following new item: 
‘‘24. Nuclear posture ...............................................................................
491’’. 
(3) TRANSFER OF PROVISIONS.— 
(A) CHAPTER 23.—Chapter 23 of title 10, 
United States Code, is amended as follows: 
(i) Section 490a is— 
(I) transferred to chapter 24 of 
such title, as added by paragraph (1); 
(II) inserted after section 491 of 
such title, as added to such chapter 24 
by subsection (b)(1); and 
(III) redesignated as section 492. 
(ii) The table of sections at the begin-
ning of such chapter 23 is amended by 
striking the items relating to sections 490a 
and 491. 
(B) FY12 NDAA.—Section 1077 of the Na-
tional Defense Authorization Act for Fiscal Year 
2012 (Public Law 112–81; 50 U.S.C. 2514) is— 
(i) transferred to chapter 24 of title 10, 
United States Code, as added by paragraph 
(1); 
(ii) inserted after section 492 of such 
title, as added by subparagraph (A)(i); 
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(iii) redesignated as section 493; and 
(iv) amended by striking ‘‘the date of 
the enactment of this Act’’ and inserting 
‘‘December 31, 2011,’’. 
(C) CHAPTER 24.—The table of sections at 
the beginning of chapter 24 of title 10, United 
States Code, as added by paragraph (1), is 
amended by inserting after the item relating to 
section 491 the following new items: 
‘‘492. Biennial assessment and report on the delivery platforms for nuclear weap-
ons and the nuclear command and control system. 
‘‘493. Reports to Congress on the modification of the force structure for the stra-
tegic nuclear weapons delivery systems of the United States.’’. 
(4) CONFORMING AMENDMENT.—Section 1041(b) 
of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1574) is 
amended by striking ‘‘section 490a of title 10, United 
States Code, as added by subsection (a),’’ and insert-
ing ‘‘section 492 of title 10, United States Code,’’. 
SEC. 1052. COMMITMENTS FOR NUCLEAR WEAPONS STOCK-
PILE MODERNIZATION. 
(a) FINDINGS.—Congress finds the following: 
(1) In 2008, then Secretary of Defense Robert 
Gates warned that ‘‘to be blunt, there is absolutely no 
way we can maintain a credible deterrent and reduce 
the number of weapons in our stockpile without either 
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resorting to testing our stockpile or pursuing a mod-
ernization program.’’. 
(2) Secretary Gates also warned in September 
2009 that modernization is a prerequisite to nuclear 
force reductions, stating that modernizing the nuclear 
capability of the United States is an ‘‘enabler of arms 
control and our ability to reduce the size of our nu-
clear stockpile. When we have more confidence in the 
long-term viability of our weapons systems, then our 
ability to reduce the number of weapons we must keep 
in the stockpile is enhanced.’’. 
(3) President Obama’s 2010 Nuclear Posture Re-
view stated that— 
(A) ‘‘In order to sustain a safe, secure, and 
effective U.S. nuclear stockpile as long as nuclear 
weapons exist, the United States must possess a 
modern physical infrastructure—comprised of 
the national security laboratories and a complex 
of supporting facilities.’’; and 
(B) ‘‘[I]mplementation of the Stockpile 
Stewardship Program and the nuclear infra-
structure investments recommended in the NPR 
will allow the United States to shift away from 
retaining large numbers of non-deployed war-
heads as a hedge against technical or geopolitical 
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surprise, allowing major reductions in the nu-
clear stockpile. These investments are essential to 
facilitating reductions while sustaining deter-
rence under New START and beyond.’’. 
(4) Section 1251 of the National Defense Author-
ization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2549) required the President to submit 
a report to Congress on the plan for the nuclear 
weapons stockpile, nuclear weapons complex, and de-
livery platforms at the time a follow-on treaty to the 
Strategic Arms Reduction Treaty was submitted by 
the President to the Senate. The President submitted 
such report in May 2010 and submitted updates in 
November 2010 and February 2011. 
(5) Such section 1251 also contained a sense of 
Congress that ‘‘the enhanced safety, security, and reli-
ability of the nuclear weapons stockpile, moderniza-
tion of the nuclear weapons complex, and mainte-
nance of nuclear delivery systems are key to enabling 
further reductions in the nuclear forces of the United 
States.’’. 
(6) Forty-one Senators wrote to President 
Obama on December 15, 2009, stating, ‘‘we don’t be-
lieve further reductions can be in the national secu-
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rity interest of the U.S. in the absence of a significant 
program to modernize our nuclear deterrent.’’. 
(7) Former Secretary of Defense and Secretary of 
Energy James Schlesinger stated, while testifying be-
fore the Committee on Foreign Relations of the Senate 
in April 2010, ‘‘I believe that it is immensely impor-
tant for the Senate to ensure, what the Administra-
tion has stated as its intent, i.e., that there be a ro-
bust plan with a continuation of its support over the 
full 10 years, before it proceeds to ratify this START 
follow-on treaty.’’. 
(8) Former Secretary of State James Baker stat-
ed in testimony before the Committee on Foreign Re-
lations of the Senate in May 2010 that ‘‘because our 
security is based upon the safety and reliability of 
our nuclear weapons, it is important that our Gov-
ernment budget enough money to guarantee that those 
weapons can carry out their mission.’’. 
(9) Former Secretary of State Henry Kissinger 
also stated in May 2010 while testifying before the 
Committee on Foreign Relations of the Senate that 
‘‘as part of a number of recommendations, my col-
leagues, Bill Perry, George Shultz, Sam Nunn, and I 
have called for significant investments in a repaired 
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and modernized nuclear weapons infrastructure and 
added resources for the three national laboratories.’’. 
(10) Then Secretary of Defense Robert Gates, 
while testifying before the Committee on Armed Serv-
ices of the Senate in June 2010, stated, ‘‘I see this 
treaty as a vehicle to finally be able to get what we 
need in the way of modernization that we have been 
unable to get otherwise. . . . We are essentially the 
only nuclear power in the world that is not carrying 
out these kinds of modernization programs.’’. 
(11) Secretary Gates further stated that ‘‘I’ve 
been up here for the last four springs trying to get 
money for this and this is the first time I think I’ve 
got a fair shot of actually getting money for our nu-
clear arsenal.’’. 
(12) The Directors of the national nuclear weap-
ons laboratories wrote to the chairman and ranking 
member of the Committee on Foreign Relations of the 
Senate in December 2010 that ‘‘We are very pleased 
by the update to the Section 1251 Report, as it would 
enable the laboratories to execute our requirements for 
ensuring a safe, secure, reliable and effective stockpile 
under the Stockpile Stewardship and Management 
Plan. In particular, we are pleased because it clearly 
responds to many of the concerns that we and others 
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have voiced in the past about potential future-year 
funding shortfalls, and it substantially reduces risks 
to the overall program. In summary, we believe that 
the proposed budgets provide adequate support to sus-
tain the safety, security, reliability and effectiveness 
of America’s nuclear deterrent within the limit of 
1,550 deployed strategic warheads established by the 
New START Treaty with adequate confidence and ac-
ceptable risk.’’. 
(13) President Obama pledged, in a December 
2010 letter to several Senators, ‘‘I recognize that nu-
clear modernization requires investment for the long- 
term. . . . That is my commitment to the Congress— 
that my Administration will pursue these programs 
and capabilities for as long as I am President.’’. 
(14) Secretary Gates added in May 2011 that, 
‘‘this modernization program was very carefully 
worked out between ourselves and the Department of 
Energy; and, frankly, where we came out on that 
played a fairly significant role in the willingness of 
the Senate to ratify the New START agreement.’’. 
(15) The Administrator for Nuclear Security, 
Thomas D’Agostino, testified before Congress in No-
vember 2011 that, ‘‘it is critical to accept the linkage 
between modernizing our current stockpile in order to 
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389 
achieve the policy objective of decreasing the number 
of weapons we have in our stockpile, while still ensur-
ing that the deterrent is safe, secure, and effective.’’. 
(b) NEW START TREATY DEFINED.—In this subtitle, 
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 en-
tered into force on February 5, 2011. 
SEC. 1053. LIMITATION AND REPORT IN THE EVENT OF IN-
SUFFICIENT FUNDING FOR MODERNIZATION 
OF NUCLEAR WEAPONS STOCKPILE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) consistent with Condition 9 of the Resolution 
of Advice and Consent to Ratification of the New 
START Treaty of the Senate, agreed to on December 
22, 2011, the United States is committed to ensuring 
the safety, security, reliability, and credibility of its 
nuclear forces; and 
(2) the United States is committed to— 
(A) proceeding with a robust stockpile stew-
ardship program and maintaining and modern-
izing nuclear weapons production capabilities 
and capacities of the United States to ensure the 
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safety, security, reliability, and credibility of the 
nuclear arsenal of the United States at the New 
START Treaty levels and meeting requirements 
for hedging against possible international devel-
opments or technical problems; 
(B) reinvigorating and sustaining the nu-
clear security laboratories of the United States 
and preserving the core nuclear weapons com-
petencies therein; and 
(C) providing the resources needed to 
achieve these objectives, at a minimum at the 
levels set forth in the President’s 10-year plan 
provided to Congress in November 2010 pursu-
ant to section 1251 of the National Defense Au-
thorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549). 
(b) INSUFFICIENT FUNDING REPORT
AND LIMITA-
TION.— 
(1) IN
GENERAL.—Paragraph (2) of section 
1045(a) of the National Defense Authorization Act for 
Fiscal Year 2012 (50 U.S.C. 2523b) is amended to 
read as follows: 
‘‘(2) INSUFFICIENT FUNDING.— 
‘‘(A) REPORT.—During each year in which 
the New START Treaty is in force, if the Presi-
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dent determines that an appropriations Act is 
enacted that fails to meet the resource levels set 
forth in the November 2010 update to the plan 
referred to in section 1251 of the National De-
fense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2549) or if at 
any time determines that more resources are re-
quired to carry out such plan than were esti-
mated, the President shall submit to the appro-
priate congressional committees, within 60 days 
of making such a determination, a report detail-
ing— 
‘‘(i) a plan to remedy the resource 
shortfall; 
‘‘(ii) if more resources are required to 
carry out the plan than were estimated— 
‘‘(I) the proposed level of funding 
required; and 
‘‘(II) an identification of the 
stockpile work, campaign, facility, site, 
asset, program, operation, activity, 
construction, or project for which addi-
tional funds are required; 
‘‘(iii) any effects caused by the shortfall 
on the safety, security, reliability, or credi-
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bility of the nuclear forces of the United 
States; and 
‘‘(iv) whether and why, in light of the 
shortfall, remaining a party to the New 
START Treaty is in the national interest of 
the United States. 
‘‘(B) LIMITATION.—If the President submits 
a report under subparagraph (A), none of the 
funds made available for fiscal year 2012 or any 
fiscal year thereafter for the Department of De-
fense or the National Nuclear Security Adminis-
tration may be used to reduce the number of de-
ployed nuclear warheads until— 
‘‘(i) after the date on which such report 
is submitted, the President certifies in writ-
ing to the appropriate congressional com-
mittees that the resource shortfall identified 
in such report has been addressed; and 
‘‘(ii) a period of 120 days has elapsed 
following the date on which such certifi-
cation is made. 
‘‘(C) EXCEPTION.—The limitation in sub-
paragraph (B) shall not apply to— 
‘‘(i) reductions made to ensure the safe-
ty, security, reliability, and credibility of 
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the nuclear weapons stockpile and strategic 
delivery systems, including activities related 
to surveillance, assessment, certification, 
testing, and maintenance of nuclear war-
heads and strategic delivery systems; or 
‘‘(ii) nuclear warheads that are retired 
or awaiting dismantlement on the date of 
the report under subparagraph (A). 
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) The term ‘appropriate congres-
sional committees’ means— 
‘‘(I) 
the 
congressional 
defense 
committees; and 
‘‘(II) the Committee on Foreign 
Relations of the Senate and the Com-
mittee on Foreign Affairs of the House 
of Representatives. 
‘‘(ii) The term ‘New START Treaty’ 
means the Treaty between the United States 
of America and the Russian Federation on 
Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, 
signed on April 8, 2010, and entered into 
force on February 5, 2011.’’. 
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(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect on October 1, 2012. 
SEC. 1054. PROGRESS OF MODERNIZATION. 
(a) FINDINGS.—Congress finds the following: 
(1) In 2008, then Secretary of Defense Robert 
Gates warned that ‘‘to be blunt, there is absolutely no 
way we can maintain a credible deterrent and reduce 
the number of weapons in our stockpile without either 
resorting to testing our stockpile or pursuing a mod-
ernization program.’’. 
(2) The 2010 Nuclear Posture Review stated that 
‘‘the President has directed a review of post-New 
START arms control objectives, to consider future re-
ductions in nuclear weapons. Several factors will in-
fluence the magnitude and pace of future reductions 
in U.S. nuclear forces below New START levels’’, in-
cluding— 
(A) ‘‘First, any future nuclear reductions 
must continue to strengthen deterrence of poten-
tial regional adversaries, strategic stability vis- 
a`-vis Russia and China, and assurance of our 
allies and partners. This will require an updated 
assessment of deterrence requirements; further 
improvements in U.S., allied, and partner non- 
nuclear capabilities; focused reductions in stra-
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tegic and non-strategic weapons; and close con-
sultations with allies and partners. The United 
States will continue to ensure that, in the cal-
culations of any potential opponent, the per-
ceived gains of attacking the United States or its 
allies and partners would be far outweighed by 
the unacceptable costs of the response.’’; 
(B) ‘‘Second, implementation of the Stock-
pile Stewardship Program and the nuclear in-
frastructure investments recommended in the 
NPR will allow the United States to shift away 
from retaining large numbers of non-deployed 
warheads as a hedge against technical or geo-
political surprise, allowing major reductions in 
the nuclear stockpile. These investments are es-
sential to facilitating reductions while sustaining 
deterrence under New START and beyond.’’; and 
(C) ‘‘Third, Russia’s nuclear force will re-
main a significant factor in determining how 
much and how fast we are prepared to reduce 
U.S. forces. Because of our improved relations, 
the need for strict numerical parity between the 
two countries is no longer as compelling as it 
was during the Cold War. But large disparities 
in nuclear capabilities could raise concerns on 
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396 
both sides and among U.S. allies and partners, 
and may not be conducive to maintaining a sta-
ble, long-term strategic relationship, especially as 
nuclear forces are significantly reduced. There-
fore, we will place importance on Russia joining 
us as we move to lower levels.’’. 
(3) The 2010 Nuclear Posture Review also stated 
that the Administration would ‘‘conduct follow-on 
analysis to set goals for future nuclear reductions 
below the levels expected in New START, while 
strengthening deterrence of potential regional adver-
saries, strategic stability vis-a`-vis Russia and China, 
and assurance of our allies and partners.’’. 
(4) The Secretary of Defense has warned in testi-
mony before the Committee on Armed Services of the 
House of Representatives regarding the sequestration 
mechanism under section 251A of the Balanced Budg-
et and Emergency Deficit Control Act of 1985 that ‘‘if 
this sequester goes into effect and it doubles the num-
ber of cuts, then it’ll truly devastate our national de-
fense, because it will then require that we have to go 
at our force structure. We will have to hollow it out 
. . . [i]t will badly damage our capabilities for the 
future. . . . And if you have a smaller force, you’re 
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397 
not going to be able to be out there responding in as 
many areas as we do now.’’. 
(5) The 2010 Nuclear Posture Review also stated 
that ‘‘by modernizing our aging nuclear facilities and 
investing in human capital, we can substantially re-
duce the number of nuclear weapons we retain as a 
hedge.’’. 
(6) The President requested the promised 
$7,600,000,000 for weapons activities of the National 
Nuclear Security Administration in fiscal year 2012 
but signed an appropriations Act for fiscal year 2012 
that provided only $7,233,997,000, a substantial re-
duction to only the second year of the ten-year plan 
under section 1251 of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 
123 Stat. 2549). 
(7) The President requested only $7,577,341,000 
for weapons activities of the National Nuclear Secu-
rity Administration in fiscal year 2013 while the 
President’s 
section 
1251 
plan 
promised 
$7,900,000,000. 
(8) The President’s section 1251 plan further 
promised to request $8,400,000,000 in fiscal year 
2014, 
$8,700,000,000 
in 
fiscal 
year 
2015, 
$8,900,000,000 
in 
fiscal 
year 
2016, 
at 
least 
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$8,900,000,000 
in 
fiscal 
year 
2017, 
at 
least 
$9,200,000,000 
in 
fiscal 
year 
2018, 
at 
least 
$9,400,000,000 
in 
fiscal 
year 
2019, 
at 
least 
$9,400,000,000 in fiscal year 2020, and at least 
$9,500,000,000 in fiscal year 2021. 
(9) While the administration has not yet shared 
with Congress the terms of reference of the so-called 
Nuclear Posture Review Implementation Study, or 
the Department of Defense’s instructions for that re-
view, the only publicly available statements by the 
administration, including language from the Nuclear 
Posture Review, suggest the review was specifically 
instructed by the President and his senior political 
appointees to only consider reductions to the nuclear 
forces of the United States. 
(10) When asked at a hearing if the New START 
Treaty allowed the United States ‘‘to maintain a nu-
clear arsenal that is more than is needed to guarantee 
an adequate deterrent,’’ then Commander of the 
United States Strategic Command, General Kevin P. 
Chilton said, ‘‘I do not agree that it is more than is 
needed. I think the arsenal that we have is exactly 
what is needed today to provide the deterrent.’’. 
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399 
(b) NUCLEAR EMPLOYMENT STRATEGY.—Section 491 
of title 10, United States Code, as amended by section 1051, 
is amended by adding after subsection (b) the following: 
‘‘(c) LIMITATION.—With respect to a new nuclear 
weapons employment strategy described in a report sub-
mitted to Congress under subsection (a), none of the funds 
made available for fiscal year 2012 or any fiscal year there-
after for the Department of Defense may be used to imple-
ment such strategy until a period of one year has elapsed 
following the date on which such report is submitted to Con-
gress.’’. 
(c) LIMITATION.—During each of fiscal years 2012 
through 2021, none of the funds made available for each 
such fiscal year for the Department of Defense may be used 
to carry out the results of the decisions made pursuant to 
the 2010 Nuclear Posture Review Implementation Study 
that would alter the nuclear weapons employment strategy, 
guidance, plans, or options of the United States until the 
date on which the President certifies to the congressional 
defense committees that— 
(1) the President has included the resources nec-
essary to carry out the February 2011 update to the 
report required under section 1251 of the National 
Defense Authorization Act for Fiscal Year 2010 (Pub-
lic Law 111–84; 123 Stat. 2549) in the budget of the 
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400 
President submitted to Congress under section 
1105(a) of title 31, United States Code, for such fiscal 
year; 
(2) the resources described in paragraph (1) have 
been provided to the President in an appropriations 
Act; and 
(3) the sequestration mechanism under section 
251A of the Balanced Budget and Emergency Deficit 
Control Act of 1985 has been repealed or the seques-
tration mechanism under such section for the security 
category has otherwise been terminated. 
SEC. 1055. LIMITATION ON STRATEGIC DELIVERY SYSTEM 
REDUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) The Nuclear Posture Review of 2010 said, 
with respect to modernizing the triad, ‘‘for planned 
reductions under New START, the United States 
should retain a smaller Triad of SLBMs, ICBMs, and 
heavy bombers. Retaining all three Triad legs will 
best maintain strategic stability at reasonable cost, 
while hedging against potential technical problems or 
vulnerabilities.’’. 
(2) The Senate stated in Declaration 13 of the 
Resolution of Advice and Consent to Ratification of 
the New START Treaty that ‘‘In accordance with 
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401 
paragraph 1 of Article V of the New START Treaty, 
which states that, ‘Subject to the provisions of this 
Treaty, modernization and replacement of strategic 
offensive arms may be carried out,’ it is the sense of 
the Senate that United States deterrence and flexi-
bility is assured by a robust triad of strategic delivery 
vehicles. To this end, the United States is committed 
to accomplishing the modernization and replacement 
of its strategic nuclear delivery vehicles, and to ensur-
ing the continued flexibility of United States conven-
tional and nuclear delivery systems.’’. 
(3) The Senate required the President, prior to 
the entry into force of the New START Treaty, to cer-
tify to the Senate that the President intended to mod-
ernize or replace the triad of strategic nuclear deliv-
ery systems. 
(4) The President made this certification in a 
message to the Senate on February 2, 2011, in which 
the President stated, ‘‘I intend to (a) modernize or re-
place the triad of strategic nuclear delivery systems: 
a heavy bomber and air-launched cruise missile, an 
ICBM, and a nuclear-powered ballistic missile sub-
marine (SSBN) and SLBM; and (b) maintain the 
United States rocket motor industrial base.’’. 
(b) LIMITATION.— 
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(1) IN GENERAL.—Chapter 24 of title 10, United 
States Code, as added by section 1051, is amended by 
adding at the end the following new section: 
‘‘§ 494. Strategic delivery system reductions 
‘‘(a) ANNUAL CERTIFICATION.—Beginning fiscal year 
2013, the President shall annually certify in writing to the 
congressional defense committees whether plans to mod-
ernize or replace strategic delivery systems are fully 
resourced and being executed at a level equal to or more 
than the levels set forth in the November 2010 update to 
the plan referred to in section 1251 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2549), including plans regarding— 
‘‘(1) a heavy bomber and air-launched cruise 
missile; 
‘‘(2) an intercontinental ballistic missile; 
‘‘(3) a submarine-launched ballistic missile; 
‘‘(4) a ballistic missile submarine; and 
‘‘(5) maintaining— 
‘‘(A) the nuclear command and control sys-
tem; and 
‘‘(B) the rocket motor industrial base of the 
United States. 
‘‘(b) LIMITATION.—If the President certifies under sub-
section (a) that plans to modernize or replace strategic de-
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403 
livery systems are not fully resourced or being executed, 
none of the funds made available for fiscal year 2012 or 
any fiscal year thereafter for the Department of Defense 
may be used to reduce, convert, or eliminate strategic deliv-
ery systems, whether deployed or nondeployed, pursuant to 
the New START Treaty or otherwise until a period of 120 
days has elapsed following the date on which such certifi-
cation is made. 
‘‘(c) EXCEPTION.—The limitation in subsection (b) 
shall not apply to— 
‘‘(1) reductions made to ensure the safety, secu-
rity, reliability, and credibility of the nuclear weap-
ons stockpile and strategic delivery systems, including 
activities related to surveillance, assessment, certifi-
cation, testing, and maintenance of nuclear warheads 
and delivery systems; or 
‘‘(2) strategic delivery systems that are retired or 
awaiting dismantlement on the date of the certifi-
cation under subsection (a). 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘New START Treaty’ means the 
Treaty between the United States of America and the 
Russian Federation on Measures for the Further Re-
duction and Limitation of Strategic Offensive Arms, 
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404 
signed on April 8, 2010, and entered into force on 
February 5, 2011. 
‘‘(2) The term ‘strategic delivery system’ means 
a delivery platform for nuclear weapons.’’. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘494. Strategic delivery system reductions.’’. 
SEC. 1056. PREVENTION OF ASYMMETRY OF NUCLEAR 
WEAPON STOCKPILE REDUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) Then Secretary of Defense Robert Gates 
warned in 2008 that, ‘‘There is no way to ignore ef-
forts by rogue states such as North Korea and Iran 
to develop and deploy nuclear weapons or Russian or 
Chinese strategic modernization programs. To be sure, 
we do not consider Russia or China as adversaries, 
but we cannot ignore these developments and the im-
plications they have for our national security.’’. 
(2) The 2010 Nuclear Posture Review stated 
that, ‘‘large disparities in nuclear capabilities could 
raise concerns on both sides and among U.S. allies 
and partners, and may not be conducive to maintain-
ing a stable, long-term strategic relationship, espe-
cially as nuclear forces are significantly reduced.’’. 
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405 
(3) The Senate stated in the Resolution of Advice 
and Consent to Ratification of the New START Trea-
ty that, ‘‘It is the sense of the Senate that, in con-
ducting the reductions mandated by the New START 
Treaty, the President should regulate reductions in 
United States strategic offensive arms so that the 
number of accountable strategic offensive arms under 
the New START Treaty possessed by the Russian 
Federation in no case exceeds the comparable number 
of accountable strategic offensive arms possessed by 
the United States to such an extent that a strategic 
imbalance endangers the national security interests of 
the United States.’’. 
(4) At a hearing before the Committee on Armed 
Services of the House of Representatives in 2011, Sec-
retary of Defense Leon Panetta said, with respect to 
unilateral nuclear reductions by the United States, ‘‘I 
don’t think we ought to do that unilaterally—we 
ought to do that on the basis of negotiations with the 
Russians and others to make sure we are all walking 
the same path.’’. 
(b) CERTIFICATION.—Section 1045 of the National De-
fense Authorization Act for Fiscal Year 2012 (50 U.S.C. 
2523b) is amended by adding at the end the following new 
subsection: 
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‘‘(d) PREVENTION OF ASYMMETRY IN REDUCTIONS.— 
‘‘(1) CERTIFICATION.—During any year in 
which the President recommends to reduce the number 
of nuclear weapons in the active and inactive stock-
piles of the United States by a number that is greater 
than one percent of the number of nuclear weapons in 
such stockpiles, the President shall certify in writing 
to the congressional defense committees whether such 
reductions will cause the number of nuclear weapons 
in such stockpiles to be fewer than the number of nu-
clear weapons in the active and inactive stockpiles of 
the Russian Federation. 
‘‘(2) LIMITATION.—If the President certifies 
under paragraph (1) that the recommended number of 
nuclear weapons in the active and inactive stockpiles 
of the United States is fewer than the number of nu-
clear weapons in the active and inactive stockpiles of 
the Russian Federation, none of the funds made 
available for fiscal year 2012 or any fiscal year there-
after for the Department of Defense or the National 
Nuclear Security Administration may be used to 
carry out any reduction to such stockpiles of the 
United States until— 
‘‘(A) after the date on which such certifi-
cation is made, the President transmits to the 
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congressional defense committees a report by the 
Commander of the United States Strategic Com-
mand, without change, detailing whether the rec-
ommended reduction would create a strategic im-
balance between the total nuclear forces of the 
United States and the total nuclear forces of the 
Russian Federation; and 
‘‘(B) a period of 180 days has elapsed fol-
lowing the date on which such report is trans-
mitted. 
‘‘(3) EXCEPTION.—The limitation in paragraph 
(2) shall not apply to— 
‘‘(A) reductions made to ensure the safety, 
security, reliability, and credibility of the nu-
clear weapons stockpile and strategic delivery 
systems, including activities related to surveil-
lance, assessment, certification, testing, and 
maintenance of nuclear warheads and strategic 
delivery systems; or 
‘‘(B) nuclear warheads that are retired or 
awaiting dismantlement on the date of the cer-
tification under paragraph (1).’’. 
SEC. 1057. CONSIDERATION OF EXPANSION OF NUCLEAR 
FORCES OF OTHER COUNTRIES. 
(a) FINDINGS.—Congress finds the following: 
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(1) The Resolution of Advice and Consent to 
Ratification of the New START Treaty of the Senate 
said, ‘‘It is the sense of the Senate that if, during the 
time the New START Treaty remains in force, the 
President determines that there has been an expan-
sion of the strategic arsenal of any country not party 
to the New START Treaty so as to jeopardize the su-
preme interests of the United States, then the Presi-
dent should consult on an urgent basis with the Sen-
ate to determine whether adherence to the New 
START Treaty remains in the national interest of the 
United States.’’. 
(2) In 2011, experts testified before the Com-
mittee on Armed Services of the House of Representa-
tives that— 
(A) ‘‘Russia is modernizing every leg of its 
nuclear triad with new, more advanced systems’’, 
including new ballistic missile submarines, new 
heavy intercontinental ballistic missiles carrying 
up to 15 warheads each, new shorter range bal-
listic missiles, and new low-yield warheads; and 
(B) ‘‘China is steadily increasing the num-
bers and capabilities of the ballistic missiles it 
deploys and is upgrading older ICBMs to newer, 
more advanced systems. China also appears to be 
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actively working to develop a submarine-based 
nuclear deterrent force, something it has never 
had. . . . A recent unclassified Department of De-
fense report says that this network of tunnels 
could be in excess of 5,000 kilometers and is used 
to transport nuclear weapons and forces.’’. 
(b) REPORT AND CERTIFICATION.— 
(1) IN GENERAL.—Chapter 24 of title 10, United 
States Code, as added by section 1051, is amended by 
adding at the end the following new section: 
‘‘§ 495. Consideration of expansion of nuclear forces of 
other countries 
‘‘(a) REPORT AND CERTIFICATION.—During any year 
in which the President recommends any reductions in the 
nuclear forces of the United States, none of the funds made 
available for fiscal year 2012 or any fiscal year thereafter 
for the Department of Defense or the National Nuclear Se-
curity Administration may be used for such recommended 
reduction until the date on which— 
‘‘(1) the President transmits to the appropriate 
congressional committees a report detailing, for each 
country with nuclear weapons— 
‘‘(A) the number of each type of nuclear 
weapons possessed by such country; 
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‘‘(B) the modernization plans for such 
weapons of such country; 
‘‘(C) the production capacity of nuclear 
warheads and strategic delivery systems (as de-
fined in section 491(c) of this title) of such coun-
try; and 
‘‘(D) the nuclear doctrine of such country; 
and 
‘‘(2) the Commander of the United States Stra-
tegic Command certifies to the appropriate congres-
sional committees whether such recommended reduc-
tions in the nuclear forces of the United States will— 
‘‘(A) impair the ability of the United States 
to address— 
‘‘(i) unplanned strategic or geopolitical 
events; or 
‘‘(ii) technical challenge; or 
‘‘(B) degrade the deterrence or assurance 
provided by the United States to friends and al-
lies of the United States. 
‘‘(b) FORM.—The reports required by subsection (a)(1) 
shall be submitted in unclassified form, but may include 
a classified annex. 
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‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘appropriate congres-
sional committees’ means the following: 
‘‘(1) The congressional defense committees. 
‘‘(2) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on For-
eign Relations of the Senate.’’. 
(2) The table of sections at the beginning of 
chapter 24 of title 10, United States Code, is amended 
by inserting after the item relating to section 494 the 
following new item: 
‘‘495. Consideration of expansion of nuclear forces of other countries.’’. 
SEC. 1058. CHEMISTRY AND METALLURGY RESEARCH RE-
PLACEMENT NUCLEAR FACILITY AND URA-
NIUM PROCESSING FACILITY. 
(a) FINDINGS.—Congress finds the following: 
(1) Administrator for Nuclear Security Thomas 
D’Agostino testified before the Committee on Armed 
Services of the House of Representatives in February 
2008 that ‘‘Infrastructure improvements are a major 
part of the complex transformation plan that we have, 
and we’ve made important progress, but we have a lot 
more to do. Some major facilities that we have date 
back to World War II and cannot readily meet to-
day’s safety and security requirements. Let me give 
you just two quick examples, if I could. A sufficient 
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capability to work with plutonium is an essential 
part of a national security enterprise and is required 
for as long as we retain a nuclear deterrent, and most 
likely even longer. Currently, we have a very small 
production capacity at Los Alamos, about 10 pits per 
year, at our TA–55 area. Our building at Los Ala-
mos, the Chemistry and Metallurgy Research Facility, 
is well over 50 years old and is insufficient to support 
the national security requirements for the stockpile 
and for future national security mission areas. So, 
whether we continue on our existing path or move to-
wards a replacement modern warhead-type stockpile, 
we still need the capacity to produce about 50 to 80 
pits per year, which is less than one-tenth of our Cold 
War level, as well as the ability to carry out pit sur-
veillance, which is an essential part of maintaining 
our stockpile.’’. 
(2) Then Commander of the United States Stra-
tegic Command General Kevin P. Chilton also testi-
fied in February 2008 that ‘‘When you have a respon-
sive complex that has the capacity to flex to produc-
tion as you may need it or adjust your deployed force 
posture in the future, should you need it—in other 
words, if we go to a lower number, you need to be cer-
tain that you can come back up, should the strategic 
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environment change, and you can’t necessarily with-
out that flexible or responsive infrastructure behind 
it, and that’s probably one of my great concerns. And 
then how you posture both the portion of your stock-
pile that you hold in reserve and your confidence in 
the weapons that you have deployed is very much a 
function of modernizing, in my view, the weapons 
systems that we have available today, which are, as 
the secretary described, of Cold War legacy design, 
and the associated issues with them.’’. 
(3) The Congressional Commission on the Stra-
tegic Posture of the United States reported in May 
2009, with respect to the timing of the replacement of 
the nuclear weapons infrastructure of the United 
States, that ‘‘This raises an obvious question about 
whether these two replacement programs might pro-
ceed in sequence rather than concurrently. There are 
strong arguments for moving forward concurrently. 
Existing facilities are genuinely decrepit and are 
maintained in a safe and secure manner only at high 
cost. Moreover, the improved production capabilities 
they promise are integral to the program of refurbish-
ment and modernization described in the preceding 
chapter. If funding can be found for both, this would 
best serve the national interest in maintaining a safe, 
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secure, and reliable stockpile of weapons in the most 
effective and efficient manner.’’. 
(4) The 2010 Nuclear Posture Review states— 
(A) ‘‘The National Nuclear Security Ad-
ministration (NNSA), in close coordination with 
DoD, will provide a new stockpile stewardship 
and management plan to Congress within 90 
days, consistent with the increases in infrastruc-
ture investment requested in the President’s FY 
2011 budget. As critical infrastructure is re-
stored and modernized, it will allow the United 
States to begin to shift away from retaining 
large numbers of non-deployed warheads as a 
technical hedge, allowing additional reductions 
in the U.S. stockpile of non-deployed nuclear 
weapons over time.’’; 
(B) ‘‘In order to sustain a safe, secure, and 
effective U.S. nuclear stockpile as long as nuclear 
weapons exist, the United States must possess a 
modern physical infrastructure—comprised of 
the national security laboratories and a complex 
of supporting facilities.’’; 
(C) ‘‘Funding the Chemistry and Metal-
lurgy Research Replacement Project at Los Ala-
mos National Laboratory to replace the existing 
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50-year old Chemistry and Metallurgy Research 
facility in 2021.’’; 
(D) ‘‘Developing a new Uranium Processing 
Facility at the Y–12 Plant in Oak Ridge, Ten-
nessee to come on line for production operations 
in 2021.’’; 
(E) ‘‘Without an ability to produce ura-
nium components, any plan to sustain the stock-
pile, as well as support for our Navy nuclear 
propulsion, will come to a halt. This would have 
a significant impact, not just on the weapons 
program, but in dealing with nuclear dangers of 
many kinds.’’; and 
(F) ‘‘The non-deployed stockpile currently 
includes more warheads than required for the 
above purposes, due to the limited capacity of the 
National 
Nuclear 
Security 
Administration 
(NNSA) complex to conduct LEPs for deployed 
weapons in a timely manner. Progress in restor-
ing NNSA’s production infrastructure will allow 
these excess warheads to be retired along with 
other stockpile reductions planned over the next 
decade.’’. 
(5) In the memorandum of agreement between 
the Department of Defense and the Department of 
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Energy concerning the modernization of the nuclear 
weapon stockpile of the United States dated May 3, 
2010, then Secretary of Defense Robert Gates and 
Secretary of Energy Steven Chu agreed that ‘‘DOE 
Agrees to . . . increase pit production capacity . . . 
plan and program to ramp up to a minimum of 50– 
80 PPY in 2022.’’. 
(6) The plan required under section 1251 of the 
National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2549) submitted 
by the President states that the Chemistry and Metal-
lurgy Research Replacement building and the Ura-
nium Processing Facility will complete construction 
by 
2021 
and 
will 
achieve 
full 
operational 
functionality by 2024. 
(7) The Senate required that, prior to the entry 
into force of the New START Treaty, the President 
certifies to the Senate that the President intends to— 
(A) accelerate to the extent possible the de-
sign and engineering phase of the Chemistry and 
Metallurgy Research Replacement building and 
the Uranium Processing Facility; and 
(B) request full funding, including on a 
multiyear basis as appropriate, for the Chem-
istry and Metallurgy Research Replacement 
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building and the Uranium Processing Facility 
upon completion of the design and engineering 
phase for such facilities. 
(8) The President did request full funding for 
such facilities on February 2, 2011, when the Presi-
dent stated, ‘‘I intend to (a) accelerate, to the extent 
possible, the design and engineering phase of the 
Chemistry and Metallurgy Research Replacement 
(CMRR) building and the Uranium Processing Facil-
ity (UPF); and (b) request full funding, including on 
a multi-year basis as appropriate, for the CMRR 
building and the UPF upon completion of the design 
and engineering phase for such facilities.’’. 
(b) LIMITATION.—Section 1045 of the National De-
fense Authorization Act for Fiscal Year 2012 (50 U.S.C. 
2523b), as amended by section 1056(b), is amended by add-
ing at the end the following new subsection: 
‘‘(e) CMRR AND UPF.— 
‘‘(1) ANNUAL CERTIFICATION.—Beginning fiscal 
year 2013, the President shall annually certify in 
writing to the congressional defense committees wheth-
er— 
‘‘(A) the construction of both the Chemistry 
and Metallurgy Research Replacement building 
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and the Uranium Processing Facility will be 
completed by not later than 2021; and 
‘‘(B) both facilities will be fully operational 
by not later than 2024. 
‘‘(2) LIMITATION.—If the President certifies 
under paragraph (1) that the Chemistry and Metal-
lurgy Research Replacement building and the Ura-
nium Processing Facility will be completed by later 
than 2021 or be fully operational by later than 2024, 
none of the funds made available for fiscal year 2012 
or any fiscal year thereafter for the National Nuclear 
Security Administration may be used to reduce the 
nondeployed nuclear warheads in the nuclear weap-
ons stockpile of the United States until a period of 
120 days has elapsed following the date of such cer-
tification. 
‘‘(3) EXCEPTION.—The limitation in paragraph 
(2) shall not apply to— 
‘‘(A) reductions made to ensure the safety, 
security, reliability, and credibility of the nu-
clear weapons stockpile and delivery systems, in-
cluding activities related to surveillance, assess-
ment, certification, testing, and maintenance of 
nuclear warheads and strategic delivery systems; 
or 
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‘‘(B) nuclear warheads that are retired or 
awaiting dismantlement on the date of the cer-
tification under paragraph (1). 
‘‘(4) TERMINATION.—The requirement in para-
graph (1) shall terminate on the date on which the 
President certifies in writing to the congressional de-
fense committees that the Chemistry and Metallurgy 
Research Replacement building and the Uranium 
Processing Facility are both fully operational.’’. 
SEC. 1059. NUCLEAR WARHEADS ON INTERCONTINENTAL 
BALLISTIC MISSILES OF THE UNITED STATES. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that reducing the number of nuclear warheads contained 
on each intercontinental ballistic missile of the United 
States does not promote strategic stability if at the same 
time other nuclear weapons states, including the Russian 
Federation and the People’s Republic of China, are rapidly 
increasing the warhead-loading of their land-based missile 
forces. 
(b) LIMITATION.— 
(1) IN GENERAL.—Chapter 24 of title 10, United 
States Code, as added by section 1051, is amended by 
adding at the end the following new section: 
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‘‘§ 496. Nuclear warheads on intercontinental bal-
listic missiles of the United States 
‘‘(a) IN GENERAL.—During any year in which the 
President proposes to reduce the number of nuclear war-
heads contained on an intercontinental ballistic missile of 
the United States, none of the funds made available for fis-
cal year 2012 or any fiscal year thereafter for the Depart-
ment of Defense or the National Nuclear Security Adminis-
tration may be used for such proposed reduction if the re-
duction results in such missile having only a single nuclear 
warhead unless the President certifies in writing to the con-
gressional defense committees that the Russian Federation 
and the People’s Republic of China are both also carrying 
out a similar reduction. 
‘‘(b) EXCEPTION.—The limitation in subsection (a) 
shall not apply to reductions made to ensure the safety, se-
curity, reliability, and credibility of the nuclear weapons 
stockpile and delivery systems, including activities related 
to surveillance, assessment, certification, testing, and main-
tenance of nuclear warheads and strategic delivery sys-
tems.’’. 
(2) The table of sections at the beginning of 
chapter 24 of title 10, United States Code, is amended 
by inserting after the item relating to section 495 the 
following: 
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‘‘496. Nuclear warheads on intercontinental ballistic missiles of the United 
States.’’. 
SEC. 1060. NONSTRATEGIC NUCLEAR WEAPON REDUCTIONS 
AND EXTENDED DETERRENCE POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) The NATO Strategic Concept of 2010 en-
dorsed the continued role of nuclear weapons in the 
security of the NATO alliance, stating— 
(A) ‘‘The supreme guarantee of the security 
of the Allies is provided by the strategic nuclear 
forces of the Alliance, particularly those of the 
United States; the independent strategic nuclear 
forces of the United Kingdom and France, which 
have a deterrent role of their own, contribute to 
the overall deterrence and security of the Allies.’’; 
(B) ‘‘We will ensure that NATO has the full 
range of capabilities necessary to deter and de-
fend against any threat to the safety and secu-
rity of our populations. Therefore, we will . . . 
maintain an appropriate mix of nuclear and 
conventional forces’’; and 
(C) ‘‘[NATO will] ensure the broadest pos-
sible participation of Allies in collective defence 
planning on nuclear roles, in peacetime basing 
of nuclear forces, and in command, control and 
consultation arrangements.’’. 
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(2) However, the 2010 Strategic Concept also 
walked away from the decades-long policy encap-
sulated by the 1999 Strategic Concept that said, ‘‘The 
presence of United States conventional and nuclear 
forces in Europe remains vital to the security of Eu-
rope, which is inseparably linked to that of North 
America.’’. 
(3) Former Secretary of Defense William Perry 
said in March 2011 testimony before the Sub-
committee on Strategic Forces of the Committee on 
Armed Services of the House of Representatives that 
‘‘the reason we have nuclear weapons in Europe in 
the first place, is not because the rest of our weapons 
are not capable of deterrence, but because, during the 
Cold War at least, our allies in Europe felt more as-
sured when we had nuclear weapons in Europe. That 
is why they were deployed there in the first place. 
Today the issue is a little different. The issue is the 
Russians in the meantime have built a large number 
of nuclear weapons, and we keep our nuclear weapons 
there as somewhat of a political leverage for dealing 
with an ultimate treaty in which we may get Russia 
and the United States to eliminate tactical nuclear 
weapons. My own view is it would be desirable if both 
the United States and Russia would eliminate tac-
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423 
tical nuclear weapons, but I see it as very difficult to 
arrive at that conclusion if we were to simply elimi-
nate all of our tactical nuclear weapons unilater-
ally.’’. 
(4) During testimony before the Subcommittee on 
Strategic Forces of the Committee on Armed Services 
of the House of Representatives in July 2011— 
(A) former Department of Defense official 
Frank Miller stated, ‘‘as long as U.S. allies be-
lieve that those weapons need to be there, we need 
to make sure that we provide that security.’’; and 
(B) former Department of Defense official 
Mort Halperin stated, ‘‘I do not think we should 
be willing to trade our withdrawal of our nu-
clear weapons from Europe for some reduction, 
even a substantial reduction, in Russian tactical 
nuclear weapons because if it is . . . that the 
credibility of the American nuclear deterrent for 
our NATO allies depends on the presence of nu-
clear weapons in Europe, that will not change if 
the Russians cut their tactical nuclear arsenal 
by two thirds, or even eliminate it because they 
will still have their strategic weapons, which, 
while they can’t have intermediate range mis-
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siles, they can find a way to target them on the 
NATO countries.’’. 
(5) Section 1237(b) of the National Defense Au-
thorization Act for Fiscal Year 2012 (Public Law 
112–81) expressed the sense of Congress that— 
(A) the commitment of the United States to 
extended deterrence in Europe and the nuclear 
alliance of NATO is an important component of 
ensuring and linking the national security of the 
United States and its European allies; 
(B) the nuclear forces of the United States 
are a key component of the NATO nuclear alli-
ance; and 
(C) the presence of the nuclear weapons of 
the United States in Europe—combined with 
NATO’s unique nuclear sharing arrangements 
under which non-nuclear members participate in 
nuclear planning and possess specially config-
ured aircraft capable of delivering nuclear weap-
ons—provides reassurance to NATO allies who 
feel exposed to regional threats. 
(b) LIMITATION.—Chapter 24 of title 10, United States 
Code, as added by section 1051, is amended by adding at 
the end the following new section: 
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‘‘§ 497. Limitation on reduction, consolidation, or 
withdrawal of nuclear forces based in Eu-
rope 
‘‘(a) POLICY
ON NONSTRATEGIC NUCLEAR WEAP-
ONS.—It is the policy of the United States— 
‘‘(1) to pursue negotiations with the Russian 
Federation aimed at the reduction of Russian de-
ployed and nondeployed, nonstrategic nuclear forces; 
‘‘(2) that nonstrategic nuclear weapons should be 
considered when weighing the balance of the nuclear 
forces of the United States and the Russian Federa-
tion; 
‘‘(3) that any geographical relocation or storage 
of nonstrategic nuclear weapons by the Russian Fed-
eration does not constitute a reduction or elimination 
of such weapons; 
‘‘(4) the vast advantage of the Russian Federa-
tion in nonstrategic nuclear weapons constitutes a 
threat to the United States and its allies and a grow-
ing asymmetry in Western Europe; and 
‘‘(5) the forward-deployed nuclear forces of the 
United States are an important contributor to the as-
surance of the allies of the United States and con-
stitute a check on proliferation and a tool in dealing 
with neighboring states hostile to NATO. 
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‘‘(b) POLICY ON EXTENDED DETERRENCE COMMIT-
MENT TO EUROPE.—It is the policy of the United States 
that— 
‘‘(1) it maintain its commitment to extended de-
terrence, specifically the nuclear alliance of the North 
Atlantic Treaty Organization, as an important com-
ponent of ensuring and linking the national security 
interests of the United States and the security of its 
European allies; 
‘‘(2) forward-deployed nuclear forces of the 
United States shall remain based in Europe in sup-
port of the nuclear policy and posture of NATO; 
‘‘(3) the presence of nuclear weapons of the 
United States in Europe—combined with NATO’s 
unique nuclear sharing arrangements under which 
non-nuclear members participate in nuclear planning 
and possess specially configured aircraft capable of 
delivering nuclear weapons—contributes to the cohe-
sion of NATO and provides reassurance to allies and 
partners who feel exposed to regional threats; and 
‘‘(4) only the President and Congress can articu-
late when and how the United States will employ the 
nuclear forces of the United States and no multilat-
eral organization, not even NATO, can articulate a 
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declaratory policy concerning the use of nuclear 
weapons that binds the United States. 
‘‘(c) LIMITATION ON REDUCTION, CONSOLIDATION, OR 
WITHDRAWAL OF NUCLEAR FORCES BASED IN EUROPE.— 
In light of the policy expressed in subsections (a) and (b), 
none of the funds made available for fiscal year 2012 or 
any fiscal year thereafter for the Department of Defense 
may be used to effect or implement the reduction, consolida-
tion, or withdrawal of nuclear forces of the United States 
that are based in Europe unless— 
‘‘(1) the reduction, consolidation, or withdrawal 
of such nuclear forces is requested by the government 
of the host nation in the manner provided in the 
agreement between the United States and the host na-
tion regarding the forces; 
‘‘(2) the President certifies that— 
‘‘(A) NATO member states have considered 
the reduction, consolidation, or withdrawal in 
the High Level Group; 
‘‘(B) NATO has decided to support such re-
duction, consolidation, or withdrawal; 
‘‘(C) the remaining nuclear forces of the 
United States that are based in Europe after 
such reduction, consolidation, or withdrawal 
would provide a commensurate or better level of 
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assurance and credibility as before such reduc-
tion, consolidation, or withdrawal; and 
‘‘(D) there has been reciprocal action by the 
Russian Federation, not including the Russian 
Federation relocating nuclear forces from one lo-
cation to another; or 
‘‘(3) the reduction, consolidation, or withdrawal 
of such nuclear forces is specifically authorized by an 
Act of Congress. 
‘‘(d) NOTIFICATION.—Upon any decision to reduce, 
consolidate, or withdraw the nuclear forces of the United 
States that are based in Europe, the President shall submit 
to the appropriate congressional committees a notification 
containing— 
‘‘(1) the certification required by paragraph (2) 
of subsection (c) if such reduction, consolidation, or 
withdrawal is based upon such paragraph; 
‘‘(2) justification for such reduction, consolida-
tion, or withdrawal; and 
‘‘(3) an assessment of how NATO member states, 
in light of such reduction, consolidation, or with-
drawal, assess the credibility of the deterrence capa-
bility of the United States in support of its commit-
ments undertaken pursuant to article 5 of the North 
Atlantic Treaty, signed at Washington, District of Co-
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lumbia, on April 4, 1949, and entered into force on 
August 24, 1949 (63 Stat. 2241; TIAS 1964). 
‘‘(e) NOTICE AND WAIT REQUIREMENT.—The Presi-
dent may not commence a reduction, consolidation, or with-
drawal of the nuclear forces of the United States that are 
based in Europe for which the certification required by sub-
section (c)(2) is made until the expiration of a 180-day pe-
riod beginning on the date on which the President submits 
the notification under subsection (d) containing the certifi-
cation. 
‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘appropriate congressional commit-
tees’ means— 
‘‘(1) the Committees on Armed Services of the 
House of Representatives and the Senate; and 
‘‘(2) the Committee on Foreign Affairs of the 
House of Representatives and the Committee on For-
eign Relations of the Senate.’’. 
(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 24 of title 10, United States Code, 
is amended by inserting after the item relating to section 
496 the following: 
‘‘497. Limitation on reduction, consolidation, or withdrawal of nuclear forces 
based in Europe.’’. 
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SEC. 1061. IMPROVEMENTS TO NUCLEAR WEAPONS COUN-
CIL. 
Section 179 of title 10, United States Code, is amend-
ed— 
(1) in subsection (b)(3), by adding at the end the 
following: ‘‘Not later than seven days before a meet-
ing, the Chairman shall disseminate to each member 
of the Council the agenda and documents for such 
meeting.’’; and 
(2) in subsection (d)— 
(A) in paragraph (2), by inserting ‘‘and al-
ternatives’’ before the period; 
(B) in paragraph (3), by inserting ‘‘and 
approving’’ after ‘‘Coordinating’’; 
(C) in paragraph (7)— 
(i) by striking ‘‘broad’’ and inserting 
‘‘specific’’; and 
(ii) by inserting before the period the 
following: ‘‘and priorities among activities, 
including production, surveillance, research, 
construction, and any other programs with-
in the National Nuclear Security Adminis-
tration’’; and 
(D) by adding at the end the following new 
paragraph: 
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‘‘(11) Coordinating and approving the annual 
budget proposals of the National Nuclear Security Ad-
ministration, including before such proposals are sub-
mitted to— 
‘‘(A) the Director of the Office of Manage-
ment and Budget; 
‘‘(B) the President; and 
‘‘(C) Congress under section 1105 of title 
31.’’. 
SEC. 1062. INTERAGENCY COUNCIL ON THE STRATEGIC CA-
PABILITY OF THE NATIONAL LABORATORIES. 
(a) ESTABLISHMENT.—Chapter 7 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 188. Interagency Council on the Strategic Capa-
bility of the National Laboratories 
‘‘(a) ESTABLISHMENT.—There is an Interagency 
Council on the Strategic Capability of the National Labora-
tories (in this section referred to as the ‘Council’). 
‘‘(b) MEMBERSHIP.—The membership of the Council 
is comprised of the following: 
‘‘(1) The Secretary of Defense. 
‘‘(2) The Secretary of Energy. 
‘‘(3) The Secretary of Homeland Security. 
‘‘(4) The Director of National Intelligence. 
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‘‘(5) The Administrator for Nuclear Security. 
‘‘(6) Such other officials as the President con-
siders appropriate. 
‘‘(c) STRUCTURE AND PROCEDURES.—The President 
may determine the chair, structure, staff, and procedures 
of the Council. 
‘‘(d) RESPONSIBILITIES.—The Council shall be respon-
sible for the following matters: 
‘‘(1) Identifying and considering the science, 
technology, and engineering capabilities of the na-
tional laboratories that could be leveraged by each 
participating agency to support national security 
missions. 
‘‘(2) Reviewing and assessing the adequacy of the 
national security science, technology, and engineering 
capabilities of the national laboratories for sup-
porting national security missions throughout the 
Federal Government. 
‘‘(3) Establishing and overseeing means of ensur-
ing that— 
‘‘(A) capabilities identified by the Council 
under paragraph (1) are sustained to an appro-
priate level; and 
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‘‘(B) each participating agency provides the 
appropriate level of institutional support to sus-
tain such capabilities. 
‘‘(4) In accordance with acquisition rules regard-
ing federally funded research and development cen-
ters, establishing criteria for when each participating 
agency should seek to use the services of the national 
laboratories, including the identification of appro-
priate mission areas and capabilities. 
‘‘(5) Making recommendations to the President 
and Congress regarding regulatory or statutory 
changes needed to better support— 
‘‘(A) the strategic capabilities of the na-
tional laboratories; and 
‘‘(B) the use of such laboratories by each 
participating agency. 
‘‘(6) Other actions the Council considers appro-
priate with respect to— 
‘‘(A) the sustainment of the national labora-
tories; and 
‘‘(B) the use of the strategic capabilities of 
such laboratories. 
‘‘(e) STREAMLINED PROCESS.—With respect to the 
participating agency for which a member of the Council 
is the head of, each member of the Council shall— 
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‘‘(1) establish processes to streamline the consid-
eration and approval of procuring the services of the 
national laboratories on appropriate matters; and 
‘‘(2) ensure that such processes are used in ac-
cordance with the criteria established under sub-
section (d)(4). 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘participating agency’ means a 
department or agency of the Federal Government that 
is represented on the Council by a member under sub-
section (b). 
‘‘(2) The term ‘national laboratories’ means— 
‘‘(A) each national security laboratory (as 
defined in section 3281(1) of the National Nu-
clear Security Administration Act (50 U.S.C. 
2471(1))); and 
‘‘(B) each national laboratory of the De-
partment of Energy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding after 
the item relating to section 187 the following new item: 
‘‘188. Interagency Council on the Strategic Capability of the National Labora-
tories.’’. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than July 1, 2013, 
the Interagency Council on the Strategic Capability 
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of the National Laboratories under section 188 of title 
10, United States Code, as added by subsection (a), 
shall submit to the appropriate congressional commit-
tees a report describing and assessing the following: 
(A) The actions taken to implement the re-
quirements of such section 188 and the charter 
titled ‘‘Governance Charter for an Interagency 
Council on the Strategic Capability of DOE Na-
tional Laboratories as National Security Assets’’ 
signed by the Secretary of Defense, the Secretary 
of Energy, the Secretary of Homeland Security, 
and the Director of National Intelligence in July 
2010. 
(B) The effectiveness of the Council in ac-
complishing the purpose and objectives of such 
section and such Charter. 
(C) Efforts to strengthen work-for-others 
programs at the national laboratories. 
(D) Efforts to make work-for-others oppor-
tunities more cost-effective. 
(E) Ongoing and planned measures for in-
creasing cost-sharing and institutional support 
investments from other agencies. 
(F) Any regulatory or statutory changes 
recommended to improve the ability of such other 
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agencies to leverage expertise and capabilities at 
such laboratories. 
(2) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate. 
(C) The Committee on Homeland Security 
of the House of Representatives and the Com-
mittee on Homeland Security and Governmental 
Affairs of the Senate. 
(D) The Committee on Science, Space, and 
Technology of the House of Representatives and 
the Committee on Commerce, Science, and 
Transportation of the Senate. 
(E) The Permanent Select Committee on 
Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Sen-
ate. 
(d) CONSTRUCTION.—Nothing in section 188 of title 
10, United States Code, as added by subsection (a), shall 
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be construed to limit section 309 of the Homeland Security 
Act of 2002 (6 U.S.C. 189). 
SEC. 1063. REPORT ON CAPABILITY OF CONVENTIONAL AND 
NUCLEAR FORCES AGAINST CERTAIN TUN-
NEL SITES. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Commander of the United 
States Strategic Command shall submit to the appropriate 
congressional committees a report on the underground tun-
nel network used by the People’s Republic of China with 
respect to the capability of the United States to use conven-
tional and nuclear forces to neutralize such tunnels and 
what is stored within such tunnels. 
(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘‘appropriate congressional commit-
tees’’ means the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on For-
eign Relations of the Senate. 
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SEC. 1064. REPORT ON CONVENTIONAL AND NUCLEAR 
FORCES IN THE WESTERN PACIFIC REGION. 
(a) SENSE OF CONGRESS.—Congress— 
(1) supports steps taken by the President to— 
(A) reinforce the security of the allies of the 
United States; and 
(B) strengthen the deterrent capability of 
the United States against the illegal and increas-
ingly belligerent actions of North Korea; and 
(2) encourages further steps, including such steps 
to deploy additional conventional forces of the United 
States and redeploy tactical nuclear weapons to the 
Western Pacific region. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of State, shall submit to the 
congressional defense committees a report on deploying ad-
ditional conventional and nuclear forces to the Western Pa-
cific region to ensure the presence of a robust conventional 
and nuclear capability, including a forward-deployed nu-
clear capability, of the United States in response to the bal-
listic missile and nuclear weapons developments of North 
Korea and the other belligerent actions North Korea has 
made against allies of the United States. The report shall 
include an evaluation of any bilateral agreements, basing 
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arrangements, and costs that would be involved with such 
additional deployments. 
SEC. 1065. SENSE OF CONGRESS ON NUCLEAR ARSENAL. 
It is the sense of Congress that the nuclear force struc-
ture of the United States should be periodically reexamined, 
through nuclear posture reviews, to assess assumptions that 
shape the structure, size, and targeting of the nuclear forces 
of the United States and to ensure that such forces are struc-
tured, sized, and targeted— 
(1) to be capable of holding at risk the assets 
that potential adversaries value; and 
(2) to provide robust extended deterrence and as-
surance to allies of the United States. 
Subtitle F—Studies and Reports 
SEC. 1066. ASSESSMENT OF DEPARTMENT OF DEFENSE USE 
OF ELECTROMAGNETIC SPECTRUM. 
(a) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees, the Com-
mittee on Energy and Commerce of the House of Represent-
atives, and the Committee on Commerce, Science, and 
Transportation of the Senate a report assessing the use of 
electromagnetic spectrum by the Department of Defense, in-
cluding— 
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(1) a comparison of the actual and projected cost 
impact, time required to plan and implement, and 
policy implications of electromagnetic spectrum re-
allocations made since the enactment of the Omnibus 
Budget Reconciliation Act of 1993 (Public Law 103– 
66, 107 Stat. 312); 
(2) an identification of critical electromagnetic 
spectrum assignments where there is use by the De-
partment of Defense that— 
(A) cannot be eliminated, relocated, consoli-
dated in other electromagnetic spectrum bands, 
or for which there is no commercial or non-spec-
trum alternative, including a detailed expla-
nation of why that is the case; and 
(B) can be eliminated, relocated, consoli-
dated in other electromagnetic spectrum bands, 
or for which there is a commercial or non-spec-
trum alternative, including frequency of use, 
time necessary to relocate or consolidate to an-
other electromagnetic spectrum band, and oper-
ational and cost impacts; and 
(3) an analysis of the research being conducted 
by the Department of Defense in electromagnetic spec-
trum-sharing and other dynamic electromagnetic 
spectrum access technologies, including maturity level, 
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applicability for spectrum relocation or consolidation, 
and potential costs for continued development or im-
plementation. 
(b) INTERIM UPDATE.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall provide to the congressional defense committees 
a briefing to update such committees on the status of the 
report required under subsection (b). 
(c) FORM.—The report required under subsection (b) 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 1067. ELECTRONIC WARFARE STRATEGY OF THE DE-
PARTMENT OF DEFENSE. 
(a) GUIDANCE REQUIRED.—Not later than January 1, 
2013, the Secretary of Defense shall review and update De-
partment of Defense guidance related to electronic warfare 
to ensure that oversight roles and responsibilities within the 
Department related to electronic warfare policy and pro-
grams are clearly defined. Such guidance shall clarify, as 
appropriate, the roles and responsibilities related to the in-
tegration of electronic warfare matters and cyberspace oper-
ations. 
(b) PLAN REQUIRED.—Not later than January 1, 
2013, the Commander of the United States Strategic Com-
mand shall update and issue guidance regarding the re-
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sponsibilities of the Command with regard to joint elec-
tronic warfare capabilities. Such guidance shall— 
(1) define the role and objectives of the Joint 
Electromagnetic Spectrum Control Center or any 
other center established in the Command to provide 
governance and oversight of electronic warfare mat-
ters; and 
(2) include an implementation plan outlining 
tasks, metrics, and timelines to establish such a cen-
ter. 
(c) ADDITIONAL REPORTING REQUIREMENTS.—Sec-
tion 1053(b)(1) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2459) 
is amended— 
(1) in subparagraph (B), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (C), by striking the period 
and inserting a semicolon; and 
(3) by adding at the end the following new sub-
paragraphs: 
‘‘(D) performance measures to guide the im-
plementation of such strategy; 
‘‘(E) an identification of resources and in-
vestments necessary to implement such strategy; 
and 
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‘‘(F) an identification of the roles and re-
sponsibilities within the Department to imple-
ment such strategy.’’. 
SEC. 1068. REPORT ON COUNTERPROLIFERATION CAPABILI-
TIES AND LIMITATIONS. 
(a) REPORT REQUIRED.—Not later than March 1, 
2013, the Secretary of Defense shall provide to the congres-
sional defense committees a report outlining operational ca-
pabilities, limitations, and shortfalls within the Depart-
ment of Defense with respect to counterproliferation and 
combating weapons of mass destruction involving special 
operations forces and key enabling forces. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include each of the following elements: 
(1) An overview of current capabilities and limi-
tations. 
(2) An overview and assessment of current and 
future training requirements and gaps. 
(3) An assessment of technical capability gaps. 
(4) An assessment of interagency coordination 
capabilities and gaps. 
(5) An outline of current and future prolifera-
tion and weapons of mass destruction threats, includ-
ing critical intelligence gaps. 
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(6) An assessment of current international bilat-
eral and multilateral partnerships and the limita-
tions of such partnerships, including an assessment of 
existing authorities to build partnership capacity in 
this area. 
(7) A description of efforts to address the limita-
tions and gaps referred to in paragraphs (1) through 
(6), including timelines and requirements to address 
such limitations and such gaps. 
(8) Any other matters the Secretary considered 
appropriate. 
Subtitle G—Miscellaneous 
Authorities and Limitations 
SEC. 1071. RULE OF CONSTRUCTION RELATING TO PROHI-
BITION ON INFRINGING ON THE INDIVIDUAL 
RIGHT TO LAWFULLY ACQUIRE, POSSESS, 
OWN, CARRY, AND OTHERWISE USE PRI-
VATELY 
OWNED 
FIREARMS, 
AMMUNITION, 
AND OTHER WEAPONS. 
Section 1062(c) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4363) is amended— 
(1) in paragraph (1)(B), by striking ‘‘; or’’ and 
inserting a semicolon; 
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(2) in paragraph (2), by striking ‘‘others.’’ and 
inserting ‘‘others; or’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(3) authorize a mental health professional that 
is a member of the Armed Forces or a civilian em-
ployee of the Department of Defense or a commanding 
officer to inquire if a member of the Armed Forces 
plans to acquire, or already possesses or owns, a pri-
vately-owned firearm, ammunition, or other weapon, 
if such mental health professional or such com-
manding officer has reasonable grounds to believe 
such member is at high risk for suicide or causing 
harm to others.’’. 
SEC. 1072. EXPANSION OF AUTHORITY OF THE SECRETARY 
OF THE ARMY TO LOAN OR DONATE EXCESS 
SMALL ARMS FOR FUNERAL AND OTHER CER-
EMONIAL PURPOSES. 
Section 4683(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(3)(A) In order to meet the needs of an eligible 
organization with respect to performing funeral and 
other ceremonies, if the Secretary determines appro-
priate, the Secretary may— 
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‘‘(i) loan or donate excess small arms to an 
eligible organization; 
‘‘(ii) authorize an eligible organization to 
retain small arms other than M–1 rifles; or 
‘‘(iii) if excess small arms stock is insuffi-
cient to meet organizational requirements, pre-
scribe policies and procedures to establish a rota-
tional loan program based on the needs of eligi-
ble organizations. 
‘‘(B) Nothing in this paragraph shall be con-
strued to supersede any Federal law or regulation 
governing the use or ownership of firearms. 
‘‘(C) The Secretary may not delegate the author-
ity under this paragraph.’’. 
SEC. 1073. PROHIBITION ON THE USE OF FUNDS FOR MANU-
FACTURING BEYOND LOW-RATE INITIAL PRO-
DUCTION AT CERTAIN PROTOTYPE INTEGRA-
TION FACILITIES. 
(a) PROHIBITION.—None of the funds authorized to be 
appropriated by this Act may be used for manufacturing 
production beyond the greater of low-rate initial production 
or 1000 units at a prototype integration facility of any of 
the following components of the Army Research, Develop-
ment, and Engineering Command: 
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(1) The Armament Research, Development, and 
Engineering Center. 
(2) The Aviation and Missile Research, Develop-
ment, and Engineering Center. 
(3) The Communications-Electronics Research, 
Development, and Engineering Center. 
(4) The Tank Automotive Research, Develop-
ment, and Engineering Center. 
(b) WAIVER.—The Assistant Secretary of the Army for 
Acquisition, Logistics, and Technology may waive the pro-
hibition 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. 
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SEC. 1074. INTERAGENCY COLLABORATION ON UNMANNED 
AIRCRAFT SYSTEMS. 
(a) FINDINGS ON JOINT DEPARTMENT OF DEFENSE- 
FEDERAL AVIATION ADMINISTRATION EXECUTIVE COM-
MITTEE ON CONFLICT AND DISPUTE RESOLUTION.—Sec-
tion 1036(a) of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009 (Public Law 110–417; 
122 Stat. 4596) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(9) Collaboration of scientific and technical 
personnel and sharing resources from the Department 
of Defense, Federal Aviation Administration, and Na-
tional Aeronautics and Space Administration can ad-
vance an enduring relationship of research capability 
to advance the access of unmanned aircraft systems of 
the Department of Defense to the National Airspace 
System.’’. 
(b) INTERAGENCY COLLABORATION.— 
(1) IN GENERAL.—The Secretary of Defense shall 
collaborate with the Administrator of the Federal 
Aviation Administration and the Administrator of 
the National Aeronautics and Space Administration 
to conduct research and seek solutions to challenges 
associated with the safe integration of unmanned air-
craft systems into the National Airspace System in 
accordance with subtitle B of title III of the FAA 
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Modernization and Reform Act of 2012 (Public Law 
112–95; 126 Stat. 72). 
(2) ACTIVITIES IN SUPPORT OF PLAN ON ACCESS 
TO
NATIONAL
AIRSPACE
FOR
UNMANNED
AIRCRAFT 
SYSTEMS.—Collaboration under paragraph (1) may 
include research and development of scientific and 
technical issues, equipment, and technology in sup-
port of the plan to safely accelerate the integration of 
unmanned aircraft systems as required by subtitle B 
of title III of the FAA Modernization and Reform Act 
of 2012 (Public Law 112–95; 126 Stat. 72). 
(3) NONDUPLICATIVE EFFORTS.—If the Secretary 
of Defense determines it is in the interest of the De-
partment of Defense, the Secretary may use existing 
aerospace-related laboratories, personnel, equipment 
research radars, and ground facilities of the Depart-
ment of Defense to avoid the duplication of efforts in 
carrying out collaboration under paragraph (1). 
(4) REPORTS.— 
(A) REQUIREMENT.—The Secretary of De-
fense, on behalf of the UAS Executive Committee, 
shall annually submit to the congressional de-
fense committees, the Committee on Transpor-
tation and Infrastructure and the Committee on 
Science, Space, and Technology of the House of 
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Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate 
a report on the progress of collaborative research 
activity, including— 
(i) the progress on accomplishing the 
goals of the unmanned aircraft systems re-
search, development, and demonstration 
roadmap of the Next Generation Air Trans-
portation System Joint Planning and De-
velopment Office of the Federal Aviation 
Administration; and 
(ii) estimates of long-term funding 
needs. 
(B) TERMINATION.—The requirement to 
submit a report under subparagraph (A) shall 
terminate on the date that is five years after the 
date of the enactment of this Act. 
(c) UAS EXECUTIVE COMMITTEE DEFINED.—In this 
section, the term ‘‘UAS Executive Committee’’ means the 
Department of Defense–Federal Aviation Administration 
executive committee described in section 1036(b) of the Dun-
can Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4596) estab-
lished by the Secretary of Defense and the Administrator 
of the Federal Aviation Administration. 
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SEC. 1075. AUTHORITY TO TRANSFER SURPLUS MINE-RE-
SISTANT 
AMBUSH-PROTECTED 
VEHICLES 
AND SPARE PARTS. 
(a) AUTHORITY.—The Secretary of Defense is author-
ized to transfer surplus Mine-Resistant Ambush-Protected 
vehicles, including spare parts for such vehicles, to non- 
profit United States humanitarian demining organizations 
for purposes of demining activities and training of such or-
ganizations. 
(b) TERMS AND CONDITIONS.—Any transfer of vehicles 
or spare parts under subsection (a) shall be subject to the 
following terms and conditions: 
(1) The transfer shall be made on a loan basis. 
(2) The costs of operation and maintenance of 
the vehicles shall be borne by the recipient organiza-
tion. 
(3) Any other terms and conditions as the Sec-
retary of Defense determines to be appropriate. 
(c) NOTIFICATION.—The Secretary of Defense shall no-
tify the congressional defense committees in writing not less 
than 60 days before making any transfer of vehicles or spare 
parts under subsection (a). Such notification shall include 
the name of the organization, the number and model of the 
vehicle to be transferred, a listing of any spare parts to 
be transferred, and any other information the Secretary 
considers appropriate. 
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SEC. 1076. LIMITATION ON AVAILABILITY OF FUNDS FOR 
RETIREMENT OF AIRCRAFT. 
(a) IN GENERAL.—Except as provided by section 135, 
none of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2013 for the 
Army or the Air Force may be used during fiscal year 2013 
to divest, retire, or transfer, or prepare to divest, retire, or 
transfer, any— 
(1) C–23 aircraft of the Army assigned to the 
Army as of May 31, 2012; or 
(2) aircraft of the Air Force assigned to the Air 
Force as of May 31, 2012. 
(b) WAIVER.—The Secretary of Defense may waive the 
limitation in subsection (a) if— 
(1) the Secretary submits to the congressional de-
fense committees written certification that such a 
waiver is necessary to meet an emergency national se-
curity requirement; and 
(2) a period of 15 days has elapsed following the 
date on which such certification is submitted. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than March 1, 2013, 
the Secretary of Defense shall submit to the congres-
sional defense committees a report by the Chief of the 
National Guard Bureau, the Chief of Staff of the Air 
Force, and the Chief of Staff of the Army and ap-
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proved by the Secretary of Defense that specifies, with 
respect to all aircraft proposed to be retired during 
fiscal years 2013 through 2017— 
(A) the economic analysis used to make 
each realignment decision with respect to such 
aircraft of the National Guard and Air Force 
Reserve; 
(B) alternative options considered for each 
such realignment decision, including an analysis 
of such options; 
(C) the effect of each such realignment deci-
sion on— 
(i) the current personnel at the loca-
tion; and 
(ii) the missions and capabilities of the 
Army; and 
(D) the plans for each location that is being 
realigned, including the analysis used for such 
plans. 
(2) GAO ANALYSIS.—The Comptroller General of 
the United States shall carry out the following: 
(A) An economic analysis of the realign-
ment decisions made by the Secretary of Defense 
with respect to the aircraft of the National 
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Guard and Air Force Reserve described in para-
graph (1)(A). 
(B) An analysis of the alternative options 
considered for each such realignment decision. 
(C) An analysis of the effect of each such re-
alignment decision on— 
(i) the current personnel at the loca-
tion; and 
(ii) the missions and capabilities of the 
Army; and 
(D) An analysis of the plans described in 
paragraph (1)(D). 
(3) COOPERATION.—The Secretary of Defense 
shall provide the Comptroller General with relevant 
data and cooperation to carry out the analyses under 
paragraph (2). 
(4) SUBMITTAL.—Not later than 90 days after 
the date on which the Secretary submits the report 
under paragraph (1), the Comptroller General shall 
submit to the congressional defense committees a re-
port containing the analyses conducted under para-
graph (2). 
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455 
SEC. 1077. PROHIBITION ON DEPARTMENT OF DEFENSE 
USE OF NONDISCLOSURE AGREEMENTS TO 
PREVENT MEMBERS OF THE ARMED FORCES 
AND CIVILIAN EMPLOYEES OF THE DEPART-
MENT FROM COMMUNICATING WITH MEM-
BERS OF CONGRESS. 
(a) INCLUSION OF CIVILIAN EMPLOYEES IN CURRENT 
PROHIBITION ON RESTRICTING COMMUNICATION.—Para-
graph (1) of subsection (a) of section 1034 of title 10, 
United States Code, is amended by inserting ‘‘or civilian 
employee of the Department of Defense’’ after ‘‘member of 
the armed forces’’. 
(b) PROHIBITION ON USING NONDISCLOSURE AGREE-
MENTS TO RESTRICT COMMUNICATION.—Such subsection is 
further amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2)(A) The prohibition imposed by paragraph (1) 
precludes the use of a nondisclosure agreement with a mem-
ber of the armed forces or a civilian employee of the Depart-
ment of Defense to restrict the member or employee in com-
municating with a Member of Congress or an Inspector 
General. 
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456 
‘‘(B) Subparagraph (A) does not prevent the use of 
nondisclosure agreements to prevent the disclosure of— 
‘‘(i) deliberations regarding the closure or re-
alignment of a military installation under a base clo-
sure law; 
‘‘(ii) commercial proprietary information; and 
‘‘(iii) classified information the level of which ex-
ceeds the clearance held by the requestor.’’. 
Subtitle H—Other Matters 
SEC. 1081. BIPARTISAN INDEPENDENT STRATEGIC REVIEW 
PANEL. 
(a) BIPARTISAN INDEPENDENT STRATEGIC REVIEW 
PANEL.— 
(1) ESTABLISHMENT.—Chapter 2 of title 10, 
United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 119b. Bipartisan independent strategic review 
panel 
‘‘(a) ESTABLISHMENT.—There is established a bipar-
tisan independent strategic review panel (in this section re-
ferred to as the ‘Panel’) to conduct a regular review of the 
national defense strategic environment of the United States 
and to conduct an independent assessment of the quadren-
nial defense review required under section 118. 
‘‘(b) MEMBERSHIP.— 
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‘‘(1) APPOINTMENT.—The Panel shall be com-
posed of 12 members from civilian life with a recog-
nized expertise in national security matters who shall 
be appointed as follows: 
‘‘(A) Four members shall be appointed by 
the Secretary of Defense, of whom not more than 
three members shall be of the same political 
party. 
‘‘(B) Two members shall be appointed by 
the chair of the Committee on Armed Services of 
the House of Representatives. 
‘‘(C) Two members shall be appointed by 
the chair of the Committee on Armed Services of 
the Senate. 
‘‘(D) Two members shall be appointed by 
the ranking minority member of the Committee 
on Armed Services of the House of Representa-
tives. 
‘‘(E) Two members shall be appointed by 
the ranking minority member of the Committee 
on Armed Services of the Senate. 
‘‘(2) INITIAL MEMBERS: APPOINTMENT DATE AND 
TERM OF SERVICE.— 
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‘‘(A) APPOINTMENT
DATE.—The initial 
members of the Panel shall be appointed under 
paragraph (1) not later than January 30, 2013. 
‘‘(B) TERMS.— 
‘‘(i) The Secretary of Defense shall des-
ignate two initial members of the Panel ap-
pointed under paragraph (1)(A) to serve 
terms that expire on December 31, 2013, 
and two such initial members to serve terms 
that expire on December 31, 2014. 
‘‘(ii) The chair of the Committee on 
Armed Services of the House of Representa-
tives shall designate one initial member of 
the Panel appointed under paragraph 
(1)(B) to serve a term that expires on De-
cember 31, 2013, and one such initial mem-
ber to serve a term that expires on Decem-
ber 31, 2014. 
‘‘(iii) The chair of the Committee on 
Armed Services of the Senate shall designate 
one initial member of the Panel appointed 
under paragraph (1)(C) to serve a term that 
expires on December 31, 2013, and one such 
initial member to serve a term that expires 
on December 31, 2014. 
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‘‘(iv) The ranking minority member of 
the Committee on Armed Services of the 
House of Representatives shall designate one 
initial member of the Panel appointed 
under paragraph (1)(D) to serve a term 
that expires on December 31, 2013, and one 
such initial member to serve a term that ex-
pires on December 31, 2014. 
‘‘(v) The ranking minority member of 
the Committee on Armed Services of the 
Senate shall designate one initial member of 
the Panel appointed under paragraph 
(1)(E) to serve a term that expires on De-
cember 31, 2013, and one such initial mem-
ber to serve a term that expires on Decem-
ber 31, 2014. 
‘‘(3) CHAIRS.—The Secretary of Defense shall 
designate two members appointed pursuant to para-
graph (1)(A) that are not of the same political party 
to serve as the Chairs of the Panel. 
‘‘(4) VACANCIES.— 
‘‘(A) A vacancy in the Panel shall be filled 
in the same manner as the original appointment 
and not later than 30 days after the date on 
which the vacancy begins. 
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‘‘(B) A member of the Panel appointed to 
fill a vacancy shall be appointed for a term that 
expires— 
‘‘(i) in the case of an appointment to 
fill a vacancy resulting from a person not 
serving the entire term for which such per-
son was appointed, at the end of the re-
mainder of such term; and 
‘‘(ii) in the case of an appointment to 
fill a vacancy resulting from the expiration 
of the term of a member of the panel, two 
years after the date on which the term of 
such member expired. 
‘‘(5) REAPPOINTMENT.—Members of the Panel 
may be reappointed to the Panel for additional terms 
of service. 
‘‘(6) PAY.—The members of the Panel shall serve 
without pay 
‘‘(7) TRAVEL EXPENSES.—Each member of the 
Panel shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with appli-
cable provisions under subchapter I of chapter 57 of 
title 5, United States Code. 
‘‘(c) DUTIES.— 
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‘‘(1) REVIEW OF NATIONAL DEFENSE STRATEGIC 
ENVIRONMENT.—The Panel shall every four years, 
during a year following a year evenly divisible by 
four, review the national defense strategic environ-
ment of the United States. Such review shall include 
a review and assessment of— 
‘‘(A) the national defense environment, in-
cluding challenges and opportunities; 
‘‘(B) the national defense strategy and pol-
icy; 
‘‘(C) the national defense roles, missions, 
and organizations; 
‘‘(D) the risks to the national defense of the 
United States and how such risks affect chal-
lenges and opportunities to national defense; and 
‘‘(2) ADDITIONAL
REVIEWS.—The Panel may 
conduct additional reviews under paragraph (1) as 
requested by Congress or the Secretary of Defense, or 
when the Panel determines a significant change in the 
national defense environment has occurred that would 
warrant new recommendations from the Panel. 
‘‘(3) ASSESSMENT
OF
QUADRENNIAL
DEFENSE 
REVIEW.—The Panel shall conduct an assessment of 
each quadrennial defense review required to be con-
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ducted under section 118. Each assessment shall in-
clude— 
‘‘(A) a review of the Secretary of Defense’s 
terms of reference, and any other materials pro-
viding the basis for, or substantial inputs to, the 
work of the Department of Defense on such quad-
rennial defense review; 
‘‘(B) an assessment of the assumptions, 
strategy, findings, and risks in the report of the 
Secretary of Defense on such quadrennial defense 
review required under section 118(d), with par-
ticular attention paid to the risks described in 
such a report; 
‘‘(C) an independent assessment of a variety 
of possible force structures for the armed forces, 
including the force structure identified in the re-
port required under section 118(d); and 
‘‘(D) a review of the resource requirements 
identified in such quadrennial defense review 
pursuant to section 118(b)(3) and, to the extent 
practicable, a general comparison of such re-
source requirements with the resource require-
ments to support the forces contemplated under 
the force structures assessed under subparagraph 
(C). 
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‘‘(d) ADMINISTRATIVE PROVISIONS.— 
‘‘(1) STAFF.— 
‘‘(A) IN GENERAL.—The Chairs of the Panel 
may, without regard to the civil service laws and 
regulations, appoint and terminate an executive 
director and not more than 11 additional per-
sonnel, as may be necessary to enable the Panel 
to perform the duties of the Panel. 
‘‘(B) COMPENSATION.—The Chairs of the 
Panel may fix the compensation of the executive 
director and other personnel without regard to 
the provisions of chapter 51 and subchapter III 
of chapter 53 of title 5, United States Code, re-
lating to the classification of positions and Gen-
eral Schedule pay rates, except that the rate of 
pay for the executive director and other per-
sonnel may not exceed the rate payable for level 
V of the Executive Schedule under section 5316 
of such title. 
‘‘(2) DETAIL
OF
GOVERNMENT
EMPLOYEES.— 
Any Federal Government employee may be detailed to 
the Panel without reimbursement, and such detail 
shall be without interruption or loss of civil service 
status or privilege. 
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‘‘(3) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairs of the Panel may 
procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates 
for individuals that do not exceed the daily equivalent 
of the annual rate of basic pay for level V of the Exec-
utive Schedule under section 5316 of such title. 
‘‘(4) PROVISION
OF
INFORMATION.—The Panel 
may request directly from the Department of Defense 
and any of its components such information as the 
Panel considers necessary to carry out its duties 
under this section. The head of the department or 
agency concerned shall cooperate with the Panel to 
ensure that information requested by the Panel under 
this paragraph is promptly provided to the maximum 
extent practical. 
‘‘(5) USE OF CERTAIN DEPARTMENT OF DEFENSE 
RESOURCES.—Upon the request of the Chairs of the 
Panel, the Secretary of Defense shall make available 
to the Panel the services of any federally-funded re-
search and development center that is covered by a 
sponsoring agreement of the Department of Defense. 
‘‘(6) FUNDING.—Funds for activities of the Panel 
shall be provided from amounts available to the De-
partment of Defense. 
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‘‘(e) REPORTS.— 
‘‘(1) REVIEW OF NATIONAL DEFENSE STRATEGIC 
ENVIRONMENT.—Not later than June 30 of a year fol-
lowing a year evenly divisible by four, the Panel shall 
submit to the congressional defense committees, the 
Secretary of Defense, and the National Security 
Council a report containing the results of the review 
conducted under subsection (c)(1) and any rec-
ommendations or other matters that the Panel con-
siders appropriate. 
‘‘(2) ASSESSMENT
OF
QUADRENNIAL
DEFENSE 
REVIEW.—Not later than 90 days after the date on 
which a report on a quadrennial defense review is 
submitted to Congress under section 118(d), the Panel 
shall submit to the congressional defense committees 
and the Secretary of Defense a report containing the 
results of the assessment conducted under subsection 
(c)(3) and any recommendations or other matters 
that the Panel considers appropriate.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 2 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘119b. Bipartisan independent strategic review panel.’’. 
(b) UPDATES FROM SECRETARY
OF DEFENSE
ON 
PROGRESS OF QUADRENNIAL DEFENSE REVIEW.—Section 
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118(f) of title 10, United States Code, is amended to read 
as follows: 
‘‘(f) UPDATES TO BIPARTISAN INDEPENDENT STRA-
TEGIC REVIEW PANEL.—The Secretary of Defense shall en-
sure that periodically, but not less often than every 60 days, 
or at the request of the Chairs of the bipartisan independent 
strategic review panel established under section 119b(a), the 
Department of Defense briefs such panel on the progress of 
the conduct of a quadrennial defense review under sub-
section (a).’’. 
(c) BIPARTISAN INDEPENDENT STRATEGIC REVIEW OF 
THE UNITED STATES ARMY.— 
(1) REVIEW REQUIRED.—Not later than 30 days 
after the date on which all initial members of the bi-
partisan independent strategic review panel are ap-
pointed under section 119b(b) of title 10, United 
States Code, as added by subsection (a)(1) of this sec-
tion, the Panel shall begin a review of the future of 
the Army. 
(2) ELEMENTS OF REVIEW.—The review required 
under paragraph (1) shall include a review and as-
sessment of— 
(A) the validity and utility of the scenarios 
and planning assumptions the Army used to de-
velop the current force structure of the Army; 
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(B) such force structure and an evaluation 
of the adequacy of such force structure for meet-
ing the goals of the national military strategy of 
the United States; 
(C) the size and structure of elements of the 
Army, in particular United States Army Train-
ing and Doctrine Command, United States 
Army Materiel Command, and corps and higher 
headquarters elements; 
(D) potential alternative force structures of 
the Army; and 
(E) the resource requirements of each of the 
alternative force structures analyzed by the 
Panel. 
(3) REPORT.— 
(A) PANEL
REPORT.—Not later than one 
year after the date on which the Panel begins the 
review required under paragraph (1), the Panel 
shall submit to the congressional defense commit-
tees and the Secretary of Defense a report con-
taining the findings and recommendations of the 
Panel, including any recommendations con-
cerning changes to the planned size and composi-
tion of the Army. 
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(B) ADDITIONAL
VIEWS.—The report re-
quired under subparagraph (A) shall include 
any additional or dissenting views of a member 
of the Panel that such member considers appro-
priate to include in such report. 
(4) DEFINITIONS.—In this section: 
(A) ARMY.—The term ‘‘Army’’ includes the 
reserve components of the Army. 
(B) BIPARTISAN INDEPENDENT STRATEGIC 
REVIEW
PANEL.—The terms ‘‘bipartisan inde-
pendent strategic review panel’’ and ‘‘Panel’’ 
mean the bipartisan independent strategic re-
view panel established under section 119b(a) of 
title 10, United States Code, as added by sub-
section (a)(1) of this section. 
SEC. 1082. NOTIFICATION OF DELAYED REPORTS. 
(a) IN GENERAL.—Chapter 3 of title 10, United States 
Code, is amended by inserting after section 122a the fol-
lowing new section: 
‘‘§ 122b. Notification of delayed reports 
‘‘If the Secretary of Defense determines that a report 
required by law to be submitted by any official of the De-
partment of Defense to Congress will not be submitted by 
the date required under law, the Secretary shall submit to 
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469 
the congressional defense committees a notification, by not 
later than such date, of the following: 
‘‘(1) An explanation of why such report will not 
be submitted by such date. 
‘‘(2) The date on which such report will be sub-
mitted. 
‘‘(3) The status of such report as of the date of 
the notification. 
‘‘(4) The office of the Department carrying out 
such report and the individual acting as the head of 
such office.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 122a the following new item: 
‘‘122b. Notification of delayed reports.’’. 
SEC. 1083. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) AMENDMENTS TO NATIONAL DEFENSE AUTHOR-
IZATION ACT FOR FISCAL YEAR 2012.—Effective as of De-
cember 31, 2011, and as if included therein as enacted, the 
National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81) is amended as follows: 
(1) Section 243(d) (125 Stat. 1344) is amended 
by striking ‘‘paragraph’’ and inserting ‘‘subsection’’. 
(2) Section 541(b) (125 Stat. 1407) is amended 
by striking ‘‘, as amended by subsection (a),’’. 
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(3) Section 589(b) (125 Stat. 1438) is amended 
by striking ‘‘section 717’’ and inserting ‘‘section 
2564’’. 
(4) Section 602(a)(2) (125 Stat. 1447) is amend-
ed by striking ‘‘repairs,’’ and inserting ‘‘repairs’’. 
(5) Section 631(e)(28)(A) (125 Stat. 1464) is 
amended by striking ‘‘In addition’’ in the matter pro-
posed to be inserted and inserting ‘‘Under regula-
tions’’. 
(6) Section 631(f)(2) (125 Stat. 1464) is amend-
ed by striking ‘‘table of chapter’’ and inserting ‘‘table 
of chapters’’. 
(7) Section 631(f)(3)(B) (125 Stat. 1465) is 
amended by striking ‘‘chapter 9’’ and inserting 
‘‘chapter 10’’. 
(8) Section 631(f)(4) (125 Stat. 1465) is amend-
ed by striking ‘‘subsection (c)’’ both places it appears 
and inserting ‘‘subsection (d)’’. 
(9) Section 801 (125 Stat. 1482) is amended— 
(A) in subsection (a)(1)(B), by striking 
‘‘paragraphs (6) and (7)’’ and inserting ‘‘para-
graphs (5) and (6)’’; 
(B) in subsection (a)(2), in the matter pro-
posed to be inserted as a new paragraph, by 
striking the double closing quotation marks after 
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471 
‘‘capabilities’’ and inserting a single closing 
quotation mark; and 
(C) in subsection (e)(1)(A), by striking 
‘‘Point’’ in the matter proposed to be struck 
and inserting ‘‘Point A’’. 
(10) Section 832(b)(1) (125 Stat. 1504) is 
amended by striking ‘‘Defenese’’ and inserting ‘‘De-
fense’’. 
(11) Section 855 (125 Stat. 1521) is amended by 
striking ‘‘Section 139e(b)(12)’’ and inserting ‘‘Section 
139c(b)(12)’’. 
(12) Section 864(a)(2) (125 Stat. 1522) is 
amended by striking ‘‘for Acquisition Workforce Pro-
grams’’ in the matter proposed to be struck. 
(13) Section 864(d)(2) (125 Stat. 1525) is 
amended to read as follows: 
‘‘(2) in paragraph (6), by striking ‘ensure that 
amounts collected’ and all that follows through the 
end of the paragraph (as amended by section 526 of 
division C of Public Law 112-74 (125 Stat. 914)) and 
inserting ‘ensure that amounts collected under this 
section are not used for a purpose other than the ac-
tivities set forth in section 1201(a) of this title.’.’’. 
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472 
(14) Section 866(a) (125 Stat. 1526) is amended 
by striking ‘‘September 30’’ in the matter proposed to 
be struck and inserting ‘‘December 31’’. 
(15) Section 867 (125 Stat. 1526) is amended— 
(A) in paragraph (1), by striking ‘‘2010’’ in 
the matter proposed to be struck and inserting 
‘‘2011’’; and 
(B) in paragraph (2), by striking ‘‘2013’’ 
in the matter proposed to be struck and inserting 
‘‘2014’’. 
(16) Section 1045(c)(1) (125 Stat. 1577) is 
amended by striking ‘‘described in subsection (b)’’ 
and inserting ‘‘described in paragraph (2)’’. 
(17) Section 1067 (125 Stat. 1589) is amend-
ed— 
(A) by striking subsection (a); and 
(B) by striking the subsection designation 
and the subsection heading of subsection (b). 
(18) Section 2702 (125 Stat. 1681) is amend-
ed— 
(A) in the section heading, by striking ‘‘AU-
THORIZED’’ and inserting ‘‘AUTHORIZATION 
OF APPROPRIATIONS FOR’’; and 
(B) by striking ‘‘Using amounts’’ and all 
that follows through ‘‘may carry out’’ and insert-
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473 
ing ‘‘Funds are hereby authorized to be appro-
priated for fiscal years beginning after Sep-
tember 30, 2011, for’’. 
(19) Section 2815(c) (125 Stat. 1689) is amend-
ed by inserting ‘‘subchapter III of’’ before ‘‘chapter 
169’’. 
(b) AMENDMENTS TO IKE SKELTON NATIONAL DE-
FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011.—Ef-
fective as of January 7, 2011, and as if included therein 
as enacted, the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383) is amended 
as follows: 
(1) Section 533(b) (124 Stat. 4216) is amended 
by inserting ‘‘Section’’ before ‘‘1559(a)’’. 
(2) Section 863(d)(9) (124 Stat. 4293; 10 U.S.C. 
2330 note) is amended by striking ‘‘this title’’ and in-
serting ‘‘title 10, United States Code’’. 
(3) Section 896(a) (124 Stat. 4314) is amended 
by striking ‘‘Chapter 7’’ and inserting ‘‘Chapter 4’’. 
(c) AMENDMENTS TO REFLECT REDESIGNATION OF 
CERTAIN POSITIONS IN OFFICE OF SECRETARY OF DE-
FENSE.— 
(1) ASSISTANT SECRETARY OF DEFENSE FOR NU-
CLEAR, CHEMICAL, AND BIOLOGICAL DEFENSE PRO-
GRAMS.— Section 1605(a)(5) of the National Defense 
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474 
Authorization Act for Fiscal Year 1994 (Public Law 
103–160; 22 U.S.C. 2751 note) is amended by strik-
ing ‘‘The Assistant to the Secretary of Defense for Nu-
clear and Chemical and Biological Defense Pro-
grams’’ each place it appears and inserting ‘‘The As-
sistant Secretary of Defense for Nuclear, Chemical, 
and Biological Defense Programs’’. 
(2) ASSISTANT SECRETARY OF DEFENSE FOR RE-
SEARCH AND ENGINEERING.— 
(A) The following provisions are amended 
by striking ‘‘Director of Defense Research and 
Engineering’’ and inserting ‘‘Assistant Secretary 
of Defense for Research and Engineering’’: 
(i) Sections 2362(a)(1) and 2521(e)(5) 
of title 10, United States Code. 
(ii) Section 241(c) of the National De-
fense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 10 U.S.C. 2521 
note). 
(iii) Section 212(b) of the Ronald W. 
Reagan National Defense Authorization Act 
for Fiscal Year 2005 (Public Law 108–375; 
10 U.S.C. 2358 note). 
(iv) Section 246(d)(1) of the Bob 
Stump National Defense Authorization Act 
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475 
for Fiscal Year 2003 (Public Law 107–314; 
10 U.S.C. 2358 note). 
(v) Section 257(a) of the National De-
fense Authorization Act for Fiscal Year 
1995 (Public Law 103–337; 10 U.S.C. 2358 
note). 
(vi) Section 1101(b)(1)(D) of the 
Strom Thurmond National Defense Author-
ization Act for Fiscal Year 1999 (Public 
Law 105–261; 5 U.S.C. 3104 note). 
(vii) Section 802(g)(1)(B)(ii) of the 
Higher Education Opportunity Act (20 
U.S.C. 9631(g)(1)(B)(ii)). 
(B) Section 2365 of title 10, United States 
Code, is amended— 
(i) in subsection (a), by inserting ‘‘of 
Defense for Research and Engineering’’ 
after ‘‘Assistant Secretary’’; and 
(ii) in subsection (d)(3)(A), by striking 
‘‘Director’’ and inserting ‘‘Assistant Sec-
retary’’. 
(C) Section 256 of the National Defense Au-
thorization Act for Fiscal Year 2006 (Public 
Law 109–163; 10 U.S.C. 1071 note) is amended 
in subsections (b)(4) and (d) by striking ‘‘Direc-
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476 
tor, Defense’’ and inserting ‘‘Assistant Secretary 
of Defense for’’. 
(D) Section 1504 of the Duncan Hunter 
National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 10 U.S.C. 2358 
note) is amended— 
(i) in subsection (a), by striking ‘‘Di-
rector of Defense’’ and inserting ‘‘Assistant 
Secretary of Defense for’’; and 
(ii) in subsection (b)(9), by striking 
‘‘the Director of the’’ and all that follows 
through ‘‘Engineering’’ and inserting ‘‘the 
Director and the Assistant Secretary’’. 
(E) Section 802 of the National Defense Au-
thorization Act for Fiscal Year 1994 (Public 
Law 103–160; 10 U.S.C. 2358 note) is amend-
ed— 
(i) in subsection (a), by striking ‘‘Di-
rector of Defense’’ and inserting ‘‘Assistant 
Secretary of Defense for’’; 
(ii) in subsections (b), (d), and (e), by 
striking ‘‘Director’’ and inserting ‘‘Assist-
ant Secretary’’; and 
(iii) in subsection (f), by striking ‘‘Not 
later than’’ and all that follows through 
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477 
‘‘the Director’’ and inserting ‘‘The Assistant 
Secretary’’. 
(F) Section 214 of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public 
Law 110–181; 10 U.S.C. 2521 note) is amended 
by striking ‘‘unless the’’ and all that follows 
through ‘‘ensures’’ and inserting ‘‘unless the As-
sistant Secretary of Defense for Research and 
Engineering ensures’’. 
(d) CROSS-REFERENCE AMENDMENTS RELATING TO 
ENACTMENT OF TITLE 41.—Title 10, United States Code, 
is amended as follows: 
(1) Section 2302 is amended— 
(A) in paragraph (7), by striking ‘‘section 
4 of such Act’’ and inserting ‘‘such section’’; and 
(B) in paragraph (9)(A)— 
(i) by striking ‘‘section 26 of the Office 
of Federal Procurement Policy Act (41 
U.S.C. 422)’’ and inserting ‘‘chapter 15 of 
title 41’’; and 
(ii) by striking ‘‘such section’’ and in-
serting ‘‘such chapter’’. 
(2) Section 2306a(b)(3)(B) is amended by strik-
ing ‘‘section 4(12)(C)(i) of the Office of Federal Pro-
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478 
curement Policy Act (41 U.S.C. 403(12)(C)(i))’’ and 
inserting ‘‘section 103(3)(A) of title 41’’. 
(3) Section 2321(f)(2) is amended by striking 
‘‘section 35(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 431(c))’’ and inserting ‘‘section 
104 of title 41’’. 
(4) Section 2359a(h) is amended by striking 
‘‘section 16(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 414(c))’’ and inserting ‘‘section 
1702(c) of title 41’’. 
(5) Section 2359b(k)(4) is amended— 
(A) in subparagraph (A), by striking ‘‘sec-
tion 4 of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 403)’’ and inserting ‘‘section 
110 of title 41’’; and 
(B) in subparagraph (B), by adding a pe-
riod at the end. 
(6) Section 2379 is amended— 
(A) in subsections (a)(1)(A), (b)(2)(A), and 
(c)(1)(B)(i), by striking ‘‘section 4(12) of the Of-
fice of Federal Procurement Policy Act (41 
U.S.C. 403(12))’’ and inserting ‘‘section 103 of 
title 41’’; and 
(B) in subsections (b) and (c)(1), by strik-
ing ‘‘section 35(c) of the Office of Federal Pro-
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479 
curement Policy Act (41 U.S.C. 431(c))’’ and in-
serting ‘‘section 104 of title 41’’. 
(7) Section 2382(c) is amended— 
(A) in paragraph (2)(B), by striking ‘‘sec-
tions 303H through 303K of the Federal Prop-
erty and Administrative Services Act of 1949 (41 
U.S.C. 253h through 253k)’’ and inserting ‘‘sec-
tions 4101, 4103, 4105, and 4106 of title 41’’; 
and 
(B) in paragraph (3)(A), by striking ‘‘sec-
tion 16(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 414(c))’’ and inserting 
‘‘section 1702(c) of title 41’’. 
(8) Section 2410m(b)(1) is amended— 
(A) in subparagraph (A)(i), by striking 
‘‘section 7 of such Act’’ and inserting ‘‘section 
7104(a) of such title’’; and 
(B) in subparagraph (B)(ii), by striking 
‘‘section 7 of the Contract Disputes Act of 1978’’ 
and inserting ‘‘section 7104(a) of title 41’’. 
(9) Section 2533b is amended— 
(A) in subsection (h)— 
(i) in paragraph (1), by striking ‘‘sec-
tions 34 and 35 of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 430 and 
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480 
431)’’ and inserting ‘‘sections 1906 and 
1907 of title 41’’; and 
(ii) in paragraph (2), by striking ‘‘sec-
tion 35(c) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 431(c))’’ and 
inserting ‘‘section 104 of title 41’’; and 
(B) in subsection (m)— 
(i) in paragraph (2), by striking ‘‘sec-
tion 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403)’’ and inserting 
‘‘section 105 of title 41’’; 
(ii) in paragraph (3), by striking ‘‘sec-
tion 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403)’’ and inserting 
‘‘section 131 of title 41’’; and 
(iii) in paragraph (5), by striking 
‘‘section 35(c) of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 431(c))’’ 
and inserting ‘‘section 104 of title 41’’. 
(e) OTHER CROSS-REFERENCE AMENDMENTS IN TITLE 
10.—Title 10, United States Code, is amended as follows: 
(1) Section 1722b(c) is amended— 
(A) in paragraph (3), by striking ‘‘sub-
sections (b)(2)(A) and (b)(2)(B)’’ and inserting 
‘‘subsections (b)(1)(A) and (b)(1)(B)’’; and 
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481 
(B) in paragraph (4), by striking ‘‘1734(d), 
or 1736(c)’’ and inserting ‘‘or 1734(d)’’. 
(2) Section 2382(b)(1) is amended by inserting 
‘‘of the Small Business Act (15 U.S.C. 657q(c)(4))’’ 
after ‘‘section 44(c)(4)’’; 
(3) Section 2548(e)(2) is amended by striking 
‘‘section 103(f) of the Weapon Systems Acquisition 
Reform Act of 2009 (10 U.S.C. 2430 note),’’ and in-
serting ‘‘section 2438(f) of this title’’. 
(4) Section 2925 is amended— 
(A) in subsection (a)(1), by striking ‘‘sec-
tion 533’’ and inserting ‘‘section 553’’; and 
(B) in subsection (b)(1), by striking ‘‘sec-
tion 139b’’ and inserting ‘‘section 138c’’. 
(f) DATE OF ENACTMENT REFERENCES.—Title 10, 
United States Code, is amended as follows: 
(1) Section 1564(a)(2)(B) is amended by strik-
ing ‘‘the date of the enactment of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal Year 
2011’’ in clauses (ii) and (iii) and inserting ‘‘Janu-
ary 7, 2011’’. 
(2) Section 2359b(k)(5) is amended by striking 
‘‘the date that is five years after the date of the enact-
ment of this Act’’ and inserting ‘‘January 7, 2016’’. 
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485 
(14) Section 2006(b)(2) is amended by redesig-
nating the second subparagraph (E) (as added by sec-
tion 109(b)(2)(B) of Public Law 111–377 (124 Stat. 
4120), effective August 1, 2011) as subparagraph (F). 
(15) Section 2350m(e) is amended by striking 
‘‘Not later than October 31, 2009, and annually there-
after’’ and inserting ‘‘Not later than October 31 each 
year’’. 
(16) Section 2401 is amended by striking ‘‘the 
Committee on Armed Services and the Committee on 
Appropriations of the Senate and the Committee on 
Armed Services and the Committee on Appropriations 
of the House of Representatives’’ in subsections 
(b)(1)(B) and (h)(1) and inserting ‘‘the congressional 
defense committees’’. 
(17) Section 2438(a)(3) is amended by inserting 
‘‘the senior’’ before ‘‘official’s’’. 
(18) Section 2548 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Not later than’’ and 
all that follows through ‘‘the Secretary’’ and 
inserting ‘‘The Secretary’’; and 
(ii) by adding a period at the end of 
paragraph (3); 
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486 
(B) in subsection (d), by striking ‘‘Begin-
ning with fiscal year 2012, the’’ and inserting 
‘‘The’’; and 
(C) in subsection (e)(1), by striking ‘‘, 
United States Code,’’. 
(19) Section 2561(f)(2) is amended by striking 
‘‘Committee on International Relations’’ and insert-
ing ‘‘Committee on Foreign Affairs’’. 
(20) Section 2687a is amended— 
(A) in subsection (a), by striking ‘‘Foreign 
relations’’ and inserting ‘‘Foreign Relations’’; 
and 
(B) in subsection (b)(1)— 
(i) by striking the comma after ‘‘in-
cluding’’; and 
(ii) by striking ‘‘The Treaty’’ and in-
serting ‘‘the Treaty’’. 
(21) Section 4342 is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking 
‘‘clause’’ both places it appears and insert-
ing ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’; 
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487 
(B) in subsection (d), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’; and 
(C) in subsection (f), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’. 
(22) Section 4343 is amended by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(23) Section 6954 is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking 
‘‘clause’’ both places it appears and insert-
ing ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’; and 
(B) in subsection (d), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’. 
(24) Section 6956(b) is amended by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(25) Section 9342 is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking 
‘‘clause’’ both places it appears and insert-
ing ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’; 
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488 
(B) in subsection (d), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’; and 
(C) in subsection (f), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’. 
(26) Section 9343 is amended by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(27) Section 10217(c)(3) is amended by striking 
‘‘consider’’ and inserting ‘‘considered’’. 
(h) REPEAL
OF EXPIRED PROVISIONS.—Title 10, 
United States Code, is amended as follows: 
(1) Section 1108 is amended— 
(A) by striking subsections (j) and (k); and 
(B) by redesignating subsection (l) as sub-
section (j). 
(2) Section 2325 is amended by striking sub-
section (b) and redesignating subsection (c) as sub-
section (b). 
(3) Section 2349a is repealed, and the table of 
sections at the beginning of subchapter I of chapter 
138 is amended by striking the item relating to that 
section. 
(4) Section 2374b is repealed, and the table of 
sections at the beginning of chapter 139 is amended 
by striking the item relating to that section. 
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489 
(i) AMENDMENTS TO TITLE 37.— Title 37, United 
States Code, is amended as follows: 
(1) Section 310(c)(1) is amended by striking 
‘‘section for for’’ and inserting ‘‘section for’’. 
(2) Section 431, as transferred to chapter 9 of 
such title by section 631(d)(2) of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 
112–81; 125 Stat. 1460), is redesignated as section 
491. 
(j) AMENDMENTS TO TITLE 41.— Title 41, United 
States Code, is amended as follows: 
(1) Section 1122(a)(5) is amended by striking 
the period at the end and inserting a semicolon. 
(2) Section 1703(i)(6) is amended by striking 
‘‘Procurememt’’ and inserting ‘‘Procurement’’. 
(k) AMENDMENT TO TITLE 46.— Subsection (a) of sec-
tion 51301 of title 46, United States Code, is amended in 
the heading by striking ‘‘IN GENERAL’’ and inserting ‘‘IN 
GENERAL’’. 
(l) DUPLICATIVE PROVISION IN ARMED FORCES RE-
TIREMENT HOME ACT OF 1991.— Section 1511(d) of the 
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 
411(d)) is amended by striking the first paragraph (3), 
leaving the second paragraph (3) added by section 561 of 
Public Law 112–81 (125 Stat. 1420). 
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490 
(m) CROSS REFERENCES AND DATE OF ENACTMENT 
REFERENCES IN REINSTATEMENT OF TEMPORARY EARLY 
RETIREMENT AUTHORITY.— Section 4403 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102–484; 10 U.S.C. 1293 note), as amended by section 
504(b) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1391), is amend-
ed— 
(1) in subsection (c)(2)— 
(A) in subparagraph (A), by striking ‘‘1995 
(’’ and inserting ‘‘1995 (Public Law 103–337;’’; 
and 
(B) in subparagraph (B), by striking 
‘‘1995’’ and inserting ‘‘1996’’; 
(2) in subsection (h), by striking ‘‘the date of the 
enactment of the National Defense Authorization Act 
for Fiscal Year 2012’’ and inserting ‘‘December 31, 
2011,’’; and 
(3) in subsection (i)(2), by striking ‘‘the date of 
the enactment of the National Defense Authorization 
Act for Fiscal Year 2012’’ and inserting ‘‘December 
31, 2011,’’. 
(n) COORDINATION WITH OTHER AMENDMENTS MADE 
BY THIS ACT.—For purposes of applying amendments 
made by provisions of this Act other than this section, the 
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491 
amendments made by this section shall be treated as having 
been enacted immediately before any amendment made by 
other provisions of this Act. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Subtitle A—General Provisions 
SEC. 1101. EXPANSION OF PERSONNEL MANAGEMENT AU-
THORITY UNDER EXPERIMENTAL PROGRAM 
WITH RESPECT TO CERTAIN SCIENTIFIC AND 
TECHNICAL POSITIONS. 
Subparagraph (A) of section 1101(b)(1) of the Strom 
Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (5 U.S.C. 3104 note), as most recently amended 
by section 1110 of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1615), 
is further amended by striking ‘‘40’’ and inserting ‘‘60’’. 
SEC. 1102. AUTHORITY TO PAY FOR THE TRANSPORT OF 
FAMILY HOUSEHOLD PETS FOR FEDERAL EM-
PLOYEES DURING CERTAIN EVACUATION OP-
ERATIONS. 
Section 5725 of title 5, United States Code, is amend-
ed— 
(1) in subsection (a), in the matter following 
paragraph (2), by striking ‘‘and personal effects,’’ 
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and inserting ‘‘, personal effects, and family house-
hold pets,’’; and 
(2) by adding at the end the following: 
‘‘(c)(1) The expenses authorized under subsection (a) 
shall, with respect to the transport of family household pets, 
include the expenses for the shipment of and the payment 
of any quarantine costs for such pets. 
‘‘(2) Any payment or reimbursement under this sec-
tion in connection with the transport of family household 
pets shall be subject to terms and conditions which— 
‘‘(A) the head of the agency shall by regulation 
prescribe; and 
‘‘(B) shall, to the extent practicable, be the same 
as would apply under regulations prescribed under 
section 476(b)(1)(H)(iii) of title 37 in connection 
with the transport of family household pets of mem-
bers of the uniformed services, including regulations 
relating to the types, size, and number of pets for 
which such payment or reimbursement may be pro-
vided.’’. 
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SEC. 1103. EXTENSION OF AUTHORITY TO FILL SHORTAGE 
CATEGORY POSITIONS FOR CERTAIN FED-
ERAL ACQUISITION POSITIONS FOR CIVILIAN 
AGENCIES. 
Section 1703(j) of title 41, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘sections 3304, 5333, and 
5753’’ and inserting ‘‘section 3304’’; and 
(B) by striking ‘‘use the authorities in those 
sections to recruit and’’; and 
(2) in paragraph (2), by striking ‘‘September 30, 
2012’’ and inserting ‘‘September 30, 2017’’. 
SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
ANNUAL LIMITATION ON PREMIUM PAY AND 
AGGREGATE LIMITATION ON PAY FOR FED-
ERAL CIVILIAN EMPLOYEES WORKING OVER-
SEAS. 
SEC. 1105. POLICY ON SENIOR MENTORS. 
(a) IN GENERAL.—The Secretary of Defense shall pro-
vide written notice to the congressional defense committees 
at least 60 days before implementing any change in the pol-
icy regarding senior mentors issued on or about April 1, 
2010. 
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(b) APPLICABILITY.—Changes implemented before the 
date of the enactment of this Act shall not be affected by 
this section. 
Subtitle B—Interagency Personnel 
Rotations 
SEC. 1111. INTERAGENCY PERSONNEL ROTATIONS. 
(a) SHORT TITLE.—This subtitle may be cited as the 
‘‘Interagency Personnel Rotation Act of 2012’’. 
(b) DEFINITIONS.—In this subtitle: 
(1) AGENCY.—The term ‘‘agency’’ has the mean-
ing given the term ‘‘Executive agency’’ under section 
105 of title 5, United States Code. 
(2) COMMITTEE.—The term ‘‘Committee’’ means 
the Committee on National Security Personnel estab-
lished under subsection (c)(1). 
(3) COVERED AGENCY.—The term ‘‘covered agen-
cy’’ means an agency that is part of an ICI. 
(4) ICI.—The term ‘‘ICI’’ means a National Se-
curity Interagency Community of Interest identified 
by the Committee under subsection (d)(1). 
(5) ICI POSITION.—The term ‘‘ICI position’’— 
(A) means— 
(i) a position that— 
(I) is identified by the head of a 
covered agency as a position within the 
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covered agency that has significant re-
sponsibility for the subject area of the 
ICI in which the position is located 
and for activities that involve more 
than 1 agency; 
(II) is in the civil service (as de-
fined in section 2101(1) of title 5, 
United States Code) in the executive 
branch of the Government (including a 
position in the Foreign Service) at or 
above GS–11 of the General Schedule 
or at a level of responsibility com-
parable to a position at or above GS– 
11 of the General Schedule; and 
(III) is within an ICI; or 
(ii) a position in an interagency body 
identified as an ICI position under sub-
section (d)(3)(B)(i); and 
(B) shall not include— 
(i) any position described under para-
graph (10)(A) or (C); or 
(ii) any position filled by an employee 
described under paragraph (10)(B). 
(6) INTELLIGENCE COMMUNITY.—The term ‘‘in-
telligence community’’ has the meaning given under 
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section 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4)). 
(7) INTERAGENCY BODY.—The term ‘‘interagency 
body’’ means an entity or component identified under 
subsection (d)(3)(A). 
(8) INTERAGENCY
ROTATIONAL
SERVICE.—The 
term ‘‘interagency rotational service’’ means service 
by an employee in— 
(A) an ICI position that is— 
(i) in— 
(I) a covered agency other than 
the covered agency employing the em-
ployee; or 
(II) an interagency body, without 
regard to whether the employee is em-
ployed by the agency in which the 
interagency body is located; and 
(ii) the same ICI as the position in 
which the employee serves or has served be-
fore serving in that ICI position; or 
(B) a position in an interagency body iden-
tified under subsection (d)(3)(B)(ii). 
(9) NATIONAL SECURITY INTERAGENCY COMMU-
NITY
OF
INTEREST.—The term ‘‘National Security 
Interagency Community of Interest’’ means the posi-
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tions in the executive branch of the Government 
that— 
(A) as a group are positions within mul-
tiple agencies of the executive branch of the Gov-
ernment; and 
(B) have significant responsibility for the 
same substantive, functional, or regional subject 
area related to national security or homeland se-
curity that requires integration of the positions 
and activities in that area across multiple agen-
cies to ensure that the executive branch of the 
Government operates as a single, cohesive enter-
prise to maximize mission success and minimize 
cost. 
(10) POLITICAL APPOINTEE.—The term ‘‘polit-
ical appointee’’ means an individual who— 
(A) is employed in a position described 
under sections 5312 through 5316 of title 5, 
United States Code (relating to the Executive 
Schedule); 
(B) is a noncareer appointee in the Senior 
Executive Service, as defined under section 
3132(a)(7) of title 5, United States Code; or 
(C) is employed in a position in the execu-
tive branch of the Government of a confidential 
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minimum number of that agency’s senior posi-
tions that are within that ICI that shall be filled 
by personnel who have performed interagency ro-
tational service. 
(B) REPORTING REQUIREMENTS.— 
(i) MINIMUM NUMBER OF POSITIONS.— 
Not later than 30 days after the date on 
which all heads of covered agencies have es-
tablished the minimum number required 
under subparagraph (A) for a fiscal year, 
the Committee shall submit to Congress a 
consolidated list of the minimum numbers 
of senior positions that shall be filled by 
personnel who have performed interagency 
rotational service. 
(ii) FAILURE TO MEET MINIMUM NUM-
BER.—Not later than 30 days after the end 
of any fiscal year in which a covered agen-
cy fails to meet the minimum number of 
senior positions to be filled by individuals 
who have performed interagency rotational 
service established by the head of the covered 
agency under subparagraph (A), the head of 
the covered agency shall submit to the Com-
mittee and Congress a report identifying the 
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‘‘(b) LOCATION OF TRITIUM PRODUCTION FACILITY.— 
The Secretary shall locate any new tritium production fa-
cility of the Department of Energy at the Savannah River 
Site, South Carolina.’’. 
(i) TRITIUM RECYCLING FACILITIES.—Section 4234 of 
the Atomic Energy Defense Act (50 U.S.C. 2544) is amend-
ed— 
(1) by striking ‘‘(a) IN GENERAL.—The Sec-
retary of Energy’’ and inserting ‘‘The Secretary’’; 
and 
(2) by striking subsection (b). 
(j) RESTRICTED DATA.—Section 4501 of the Atomic 
Energy Defense Act (50 U.S.C. 2651(a)) is amended by 
striking subsection (c). 
(k) FOREIGN VISITORS.—Section 4502 of the Atomic 
Energy Defense Act (50 U.S.C. 2652) is amended— 
(1) by striking ‘‘national laboratory’’ each place 
it appears and inserting ‘‘national security labora-
tory’’; and 
(2) in subsection (g), by striking paragraphs (3) 
and (4). 
(l) BACKGROUND INVESTIGATIONS.—Section 4503 of 
the Atomic Energy Defense Act (50 U.S.C. 2653) is amend-
ed— 
(1) by striking ‘‘(a) IN GENERAL.—’’; 
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(2) by striking subsections (b) and (c); and 
(3) by striking ‘‘national laboratory’’ and insert-
ing ‘‘national security laboratory’’. 
(m) SECURITY FUNCTIONS REPORT.—Section 4506 of 
the Atomic Energy Defense Act (50 U.S.C. 2657) is amend-
ed— 
(1) by striking ‘‘(a) IN GENERAL.—’’; and 
(2) by striking subsection (b). 
(n) COUNTERINTELLIGENCE REPORT.—Section 4507 
of the Atomic Energy Defense Act (50 U.S.C. 2658) is 
amended— 
(1) by striking ‘‘national laboratories’’ each 
place it appears and inserting ‘‘national security lab-
oratories’’; and 
(2) by striking subsection (c). 
(o) COMPUTER SECURITY REPORT.—Section 4508 of 
the Atomic Energy Defense Act (50 U.S.C. 2659)— 
(1) in subsection (a), by striking ‘‘national lab-
oratories’’ and inserting ‘‘national security labora-
tories’’; and 
(2) by striking subsections (e) and (f). 
(p) DOCUMENT REVIEW.—Section 4521 of the Atomic 
Energy Defense Act (50 U.S.C. 2671) is amended by strik-
ing subsection (c). 
(q) REPORTS ON LOCAL IMPACT ASSISTANCE.— 
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(21) DOCUMENT REVIEW.—Section 4521 of the 
Atomic Energy Defense Act (50 U.S.C. 2671) is 
amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Secretary of Energy’’ 
and inserting ‘‘Administrator’’; 
(ii) by striking ‘‘Department of En-
ergy’’ and inserting ‘‘Administration’’; and 
(B) in subsection (b), by striking ‘‘Sec-
retary’’ each place it appears and inserting ‘‘Ad-
ministrator’’. 
(22) MANAGEMENT TRAINING.— 
(A) IN
GENERAL.—Section 4621 of the 
Atomic Energy Defense Act (50 U.S.C. 2721) is 
amended— 
(i) in the heading, by inserting ‘‘AND 
NATIONAL NUCLEAR SECURITY ADMIN-
ISTRATION’’ after ‘‘ENERGY’’; 
(ii) in subsection (a)— 
(I) by striking ‘‘Secretary of En-
ergy’’ and inserting ‘‘Under Secretary 
of Energy for Nuclear Security’’; and 
(II) by inserting ‘‘and the Admin-
istration’’ after ‘‘the Department of 
Energy’’; and 
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(iii) in subsection (b)(1), by inserting 
‘‘and Administration’’ after ‘‘Department of 
Energy’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents at the beginning of the Atomic Energy 
Defense Act is amended by striking the item re-
lating to section 4621 and inserting the following 
new item: 
‘‘Sec. 4621. Executive management training in the Department of Energy and 
National Nuclear Security Administration.’’. 
(23) RECRUITMENT
AND
TRAINING.—Section 
4622 of the Atomic Energy Defense Act (50 U.S.C. 
2722) is amended— 
(A) in subsection (a), by striking ‘‘the Sec-
retary of Energy’’ and inserting ‘‘the Adminis-
trator’’; and 
(B) in subsection (c), by striking ‘‘Sec-
retary’’ and inserting ‘‘Administrator’’. 
(24) FELLOWSHIP PROGRAM.—Section 4623 of 
the Atomic Energy Defense Act (50 U.S.C. 2723) is 
amended— 
(A) by striking ‘‘Secretary of Energy’’ each 
place it appears and inserting ‘‘Administrator’’; 
(B) by striking ‘‘Secretary’’ each place it 
appears and inserting ‘‘Administrator;’’; 
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