548 
HR 4310 RFS
are based in Europe for which the certification required 
by subsection (c)(2) is made until the expiration of a 180- 
day period beginning on the date on which the President 
submits the notification under subsection (d) containing 
the certification. 
‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘appropriate congressional com-
mittees’ means— 
‘‘(1) the Committees on Armed Services of the 
House of Representatives and the Senate; and 
‘‘(2) the Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 24 of title 10, United States 
Code, is amended by inserting after the item relating to 
section 496 the following: 
‘‘497. Limitation on reduction, consolidation, or withdrawal of nuclear forces 
based in Europe.’’. 
SEC. 1061. IMPROVEMENTS TO NUCLEAR WEAPONS COUN-
CIL. 
Section 179 of title 10, United States Code, is 
amended— 
(1) in subsection (b)(3), by adding at the end 
the following: ‘‘Not later than seven days before a 
meeting, the Chairman shall disseminate to each 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00548
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
549 
HR 4310 RFS
member of the Council the agenda and documents 
for such meeting.’’; and 
(2) in subsection (d)— 
(A) in paragraph (2), by inserting ‘‘and al-
ternatives’’ before the period; 
(B) in paragraph (3), by inserting ‘‘and 
approving’’ after ‘‘Coordinating’’; 
(C) in paragraph (7)— 
(i) by striking ‘‘broad’’ and inserting 
‘‘specific’’; and 
(ii) by inserting before the period the 
following: ‘‘and priorities among activities, 
including 
production, 
surveillance, 
re-
search, construction, and any other pro-
grams within the National Nuclear Secu-
rity Administration’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(11) Coordinating and approving the annual 
budget proposals of the National Nuclear Security 
Administration, including before such proposals are 
submitted to— 
‘‘(A) the Director of the Office of Manage-
ment and Budget; 
‘‘(B) the President; and 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00549
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
550 
HR 4310 RFS
‘‘(C) Congress under section 1105 of title 
31.’’. 
SEC. 1062. INTERAGENCY COUNCIL ON THE STRATEGIC CA-
PABILITY OF THE NATIONAL LABORATORIES. 
(a) ESTABLISHMENT.—Chapter 7 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 188. Interagency Council on the Strategic Capa-
bility of the National Laboratories 
‘‘(a) ESTABLISHMENT.—There is an Interagency 
Council on the Strategic Capability of the National Lab-
oratories (in this section referred to as the ‘Council’). 
‘‘(b) MEMBERSHIP.—The membership of the Council 
is comprised of the following: 
‘‘(1) The Secretary of Defense. 
‘‘(2) The Secretary of Energy. 
‘‘(3) The Secretary of Homeland Security. 
‘‘(4) The Director of National Intelligence. 
‘‘(5) The Administrator for Nuclear Security. 
‘‘(6) Such other officials as the President con-
siders appropriate. 
‘‘(c) STRUCTURE AND PROCEDURES.—The President 
may determine the chair, structure, staff, and procedures 
of the Council. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00550
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
551 
HR 4310 RFS
‘‘(d) RESPONSIBILITIES.—The Council shall be re-
sponsible for the following matters: 
‘‘(1) Identifying and considering the science, 
technology, and engineering capabilities of the na-
tional laboratories that could be leveraged by each 
participating agency to support national security 
missions. 
‘‘(2) Reviewing and assessing the adequacy of 
the national security science, technology, and engi-
neering capabilities of the national laboratories for 
supporting national security missions throughout the 
Federal Government. 
‘‘(3) Establishing and overseeing means of en-
suring that— 
‘‘(A) capabilities identified by the Council 
under paragraph (1) are sustained to an appro-
priate level; and 
‘‘(B) each participating agency provides 
the appropriate level of institutional support to 
sustain such capabilities. 
‘‘(4) In accordance with acquisition rules re-
garding federally funded research and development 
centers, establishing criteria for when each partici-
pating agency should seek to use the services of the 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00551
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
552 
HR 4310 RFS
national laboratories, including the identification of 
appropriate mission areas and capabilities. 
‘‘(5) Making recommendations to the President 
and Congress regarding regulatory or statutory 
changes needed to better support— 
‘‘(A) the strategic capabilities of the na-
tional laboratories; and 
‘‘(B) the use of such laboratories by each 
participating agency. 
‘‘(6) Other actions the Council considers appro-
priate with respect to— 
‘‘(A) the sustainment of the national lab-
oratories; and 
‘‘(B) the use of the strategic capabilities of 
such laboratories. 
‘‘(e) STREAMLINED PROCESS.—With respect to the 
participating agency for which a member of the Council 
is the head of, each member of the Council shall— 
‘‘(1) establish processes to streamline the con-
sideration and approval of procuring the services of 
the national laboratories on appropriate matters; 
and 
‘‘(2) ensure that such processes are used in ac-
cordance with the criteria established under sub-
section (d)(4). 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00552
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
553 
HR 4310 RFS
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘participating agency’ means a 
department or agency of the Federal Government 
that is represented on the Council by a member 
under subsection (b). 
‘‘(2) The term ‘national laboratories’ means— 
‘‘(A) each national security laboratory (as 
defined in section 3281(1) of the National Nu-
clear Security Administration Act (50 U.S.C. 
2471(1))); and 
‘‘(B) each national laboratory of the De-
partment of Energy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
after the item relating to section 187 the following new 
item: 
‘‘188. Interagency Council on the Strategic Capability of the National Labora-
tories.’’. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than July 1, 2013, 
the Interagency Council on the Strategic Capability 
of the National Laboratories under section 188 of 
title 10, United States Code, as added by subsection 
(a), shall submit to the appropriate congressional 
committees a report describing and assessing the fol-
lowing: 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00553
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
554 
HR 4310 RFS
(A) The actions taken to implement the re-
quirements of such section 188 and the charter 
titled ‘‘Governance Charter for an Interagency 
Council on the Strategic Capability of DOE Na-
tional Laboratories as National Security As-
sets’’ signed by the Secretary of Defense, the 
Secretary of Energy, the Secretary of Home-
land Security, and the Director of National In-
telligence in July 2010. 
(B) The effectiveness of the Council in ac-
complishing the purpose and objectives of such 
section and such Charter. 
(C) Efforts to strengthen work-for-others 
programs at the national laboratories. 
(D) Efforts to make work-for-others oppor-
tunities more cost-effective. 
(E) Ongoing and planned measures for in-
creasing cost-sharing and institutional support 
investments from other agencies. 
(F) Any regulatory or statutory changes 
recommended to improve the ability of such 
other agencies to leverage expertise and capa-
bilities at such laboratories. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00554
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
555 
HR 4310 RFS
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate. 
(C) The Committee on Homeland Security 
of the House of Representatives and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate. 
(D) The Committee on Science, Space, and 
Technology of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate. 
(E) The Permanent Select Committee on 
Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the 
Senate. 
(d) CONSTRUCTION.—Nothing in section 188 of title 
10, United States Code, as added by subsection (a), shall 
be construed to limit section 309 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 189). 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00555
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
556 
HR 4310 RFS
SEC. 1063. REPORT ON CAPABILITY OF CONVENTIONAL 
AND NUCLEAR FORCES AGAINST CERTAIN 
TUNNEL SITES. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Commander of the 
United States Strategic Command shall submit to the ap-
propriate congressional committees a report on the under-
ground tunnel network used by the People’s Republic of 
China with respect to the capability of the United States 
to use conventional and nuclear forces to neutralize such 
tunnels and what is stored within such tunnels. 
(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate. 
SEC. 1064. REPORT ON CONVENTIONAL AND NUCLEAR 
FORCES IN THE WESTERN PACIFIC REGION. 
(a) SENSE OF CONGRESS.—Congress— 
(1) supports steps taken by the President to— 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00556
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
557 
HR 4310 RFS
(A) reinforce the security of the allies of 
the United States; and 
(B) strengthen the deterrent capability of 
the United States against the illegal and in-
creasingly belligerent actions of North Korea; 
and 
(2) encourages further steps, including such 
steps to deploy additional conventional forces of the 
United States and redeploy tactical nuclear weapons 
to the Western Pacific region. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in consultation with the Secretary of State, shall submit 
to the congressional defense committees a report on de-
ploying additional conventional and nuclear forces to the 
Western Pacific region to ensure the presence of a robust 
conventional and nuclear capability, including a forward- 
deployed nuclear capability, of the United States in re-
sponse to the ballistic missile and nuclear weapons devel-
opments of North Korea and the other belligerent actions 
North Korea has made against allies of the United States. 
The report shall include an evaluation of any bilateral 
agreements, basing arrangements, and costs that would be 
involved with such additional deployments. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00557
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
558 
HR 4310 RFS
SEC. 1065. SENSE OF CONGRESS ON NUCLEAR ARSENAL. 
It is the sense of Congress that the nuclear force 
structure of the United States should be periodically reex-
amined, through nuclear posture reviews, to assess as-
sumptions that shape the structure, size, and targeting of 
the nuclear forces of the United States and to ensure that 
such forces are structured, sized, and targeted— 
(1) to be capable of holding at risk the assets 
that potential adversaries value; and 
(2) to provide robust extended deterrence and 
assurance to allies of the United States. 
SEC. 1065A. BUDGET REQUIREMENTS ASSOCIATED WITH 
SUSTAINING AND MODERNIZING THE NU-
CLEAR DETERRENT. 
Section 1043 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1576) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by amending sub-
paragraph (F) to read as follows: 
‘‘(F) In accordance with paragraph (3), a 
detailed estimate of the budget requirements as-
sociated with sustaining and modernizing the 
nuclear deterrent of the United States and the 
nuclear weapons stockpile of the United States, 
including the costs associated with the plans 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00558
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
559 
HR 4310 RFS
outlined under subparagraphs (A) through (E), 
over the 10-year period following the date of 
the report, including the applicable and appro-
priate costs associated with— 
‘‘(i) training; 
‘‘(ii) basing; 
‘‘(iii) security; 
‘‘(iv) testing; 
‘‘(v) research; 
‘‘(vi) development; 
‘‘(vii) deployment; 
‘‘(viii) transportation; 
‘‘(ix) personnel; 
‘‘(x) overhead; and 
‘‘(xi) other appropriate matters.’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) 
DETAILED
BUDGET
ESTIMATE
CON-
TENTS.—Each budget estimate under paragraph 
(2)(F) shall include a detailed description of the 
matters included in such estimate, the rationale for 
including such matters, and the cost listed by loca-
tion. Such costs listed by location shall be submitted 
in the form of a classified annex in accordance with 
subsection (b).’’; and 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00559
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
560 
HR 4310 RFS
(2) by adding at the end the following new sub-
section: 
‘‘(c) COMPTROLLER
GENERAL.—The Comptroller 
General of the United States shall— 
‘‘(1) review each report under subsection (a) for 
accuracy and completeness with respect to the mat-
ters described in paragraphs (2)(F) and (3) of such 
subsection; and 
‘‘(2) not later than 180 days after the date on 
which such report under subsection (a) is submitted, 
submit to the congressional defense committees a 
summary of each such review.’’. 
SEC. 1065B. PROHIBITION ON UNILATERAL REDUCTION OF 
NUCLEAR WEAPONS OF THE UNITED STATES. 
(a) IN GENERAL.—Chapter 24 of title 10, United 
States Code, as added by section 1051, is amended by 
adding at the end the following: 
‘‘§ 498. Prohibition on unilateral reduction of nuclear 
weapons 
‘‘The President may not retire, dismantle, or elimi-
nate, or prepare to retire, dismantle, or eliminate, any nu-
clear weapon of the United States (including such de-
ployed weapons and nondeployed weapons and warheads 
in the nuclear weapons stockpile) if such action would re-
duce the number of such weapons to a number that is 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00560
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
561 
HR 4310 RFS
less than the level described in the New START Treaty 
(as defined in section 130f(c) of this title) unless such ac-
tion is— 
‘‘(1) required by a treaty or international agree-
ment specifically approved with the advice and con-
sent of the Senate pursuant to Article II, section 2, 
clause 2 of the Constitution; or 
‘‘(2) specifically authorized by an Act of Con-
gress.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘498. Prohibition on unilateral reduction of nuclear weapons.’’. 
SEC. 1065C. LIMITATION ON AVAILABILITY OF FUNDS FOR 
RETIREMENT OF STRATEGIC DELIVERY SYS-
TEMS. 
(a) LIMITATION.—Chapter 24 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 498. Commensurate strategic delivery system re-
ductions 
‘‘(a) LIMITATION ON NEW START REDUCTIONS.— 
None of the funds authorized to be appropriated or other-
wise made available for fiscal year 2013 or any fiscal year 
thereafter for the Department of Defense may be obli-
gated or expended to reduce, convert, or decommission any 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00561
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
562 
HR 4310 RFS
strategic delivery system pursuant to the levels set forth 
for such systems under the New START Treaty unless 
the President certifies to the congressional defense com-
mittees that— 
‘‘(1) the Russian Federation must make a com-
mensurate reduction, conversion, or decommissioning 
pursuant to the levels set forth under such treaty; 
and 
‘‘(2) the Russian Federation is not developing 
or deploying a strategic delivery system that is— 
‘‘(A) not covered under the limits set forth 
under such treaty; and 
‘‘(B) capable of reaching the United 
States. 
‘‘(b) LIMITATION ON TRIAD REDUCTIONS.—None of 
the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2013 or any fiscal 
year thereafter for the Department of Defense may be ob-
ligated or expended to reduce, convert, or decommission 
any strategic delivery system if such reduction, conversion, 
or decommissioning would eliminate a leg of the nuclear 
triad. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘New START Treaty’ means the 
Treaty between the United States of America and 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00562
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
563 
HR 4310 RFS
the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive 
Arms, signed on April 8, 2010, and entered into 
force on February 5, 2011. 
‘‘(2) The term ‘strategic delivery system’ means 
the following delivery platforms for nuclear weapons: 
‘‘(A) Land-based intercontinental ballistic 
missiles. 
‘‘(B) Submarine-launched ballistic missiles 
and associated ballistic missile submarines. 
‘‘(C) Nuclear-certified strategic bombers. 
‘‘(3) The term ‘triad’ means the nuclear deter-
rent capabilities of the United States composed of 
the strategic delivery systems.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 497 the following new 
item: 
‘‘498. Commensurate strategic delivery system reductions.’’. 
Subtitle F—Studies and Reports 
SEC. 1066. ASSESSMENT OF DEPARTMENT OF DEFENSE USE 
OF ELECTROMAGNETIC SPECTRUM. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall provide 
to the congressional defense committees, the Committee 
on Energy and Commerce of the House of Representa-
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00563
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
564 
HR 4310 RFS
tives, and the Committee on Commerce, Science, and 
Transportation of the Senate a briefing assessing the use 
of electromagnetic spectrum by the Department of De-
fense, including— 
(1) a comparison of the actual and projected 
cost impact, time required to plan and implement, 
and policy implications of electromagnetic spectrum 
reallocations made since the enactment of the Omni-
bus Budget Reconciliation Act of 1993 (Public Law 
103–66, 107 Stat. 312); 
(2) an identification of critical electromagnetic 
spectrum assignments where there is use by the De-
partment of Defense that— 
(A) cannot be eliminated, relocated, con-
solidated in other electromagnetic spectrum 
bands, or for which there is no commercial or 
non-spectrum alternative, including a detailed 
explanation of why that is the case; and 
(B) can be eliminated, relocated, consoli-
dated in other electromagnetic spectrum bands, 
or for which there is a commercial or non-spec-
trum alternative, including frequency of use, 
time necessary to relocate or consolidate to an-
other electromagnetic spectrum band, and oper-
ational and cost impacts; and 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00564
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
565 
HR 4310 RFS
(3) an analysis of the research being conducted 
by the Department of Defense in electromagnetic 
spectrum-sharing and other dynamic electromagnetic 
spectrum access technologies, including maturity 
level, applicability for spectrum relocation or consoli-
dation, and potential costs for continued develop-
ment or implementation. 
SEC. 1067. ELECTRONIC WARFARE STRATEGY OF THE DE-
PARTMENT OF DEFENSE. 
(a) GUIDANCE REQUIRED.—Not later than January 
1, 2013, the Secretary of Defense shall review and update 
Department of Defense guidance related to electronic war-
fare to ensure that oversight roles and responsibilities 
within the Department related to electronic warfare policy 
and programs are clearly defined. Such guidance shall 
clarify, as appropriate, the roles and responsibilities re-
lated to the integration of electronic warfare matters and 
cyberspace operations. 
(b) PLAN REQUIRED.—Not later than January 1, 
2013, the Commander of the United States Strategic 
Command shall update and issue guidance regarding the 
responsibilities of the Command with regard to joint elec-
tronic warfare capabilities. Such guidance shall— 
(1) define the role and objectives of the Joint 
Electromagnetic Spectrum Control Center or any 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00565
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
566 
HR 4310 RFS
other center established in the Command to provide 
governance and oversight of electronic warfare mat-
ters; and 
(2) include an implementation plan outlining 
tasks, metrics, and timelines to establish such a cen-
ter. 
(c) ADDITIONAL REPORTING REQUIREMENTS.—Sec-
tion 1053(b)(1) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2459) is amended— 
(1) in subparagraph (B), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (C), by striking the period 
and inserting a semicolon; and 
(3) by adding at the end the following new sub-
paragraphs: 
‘‘(D) performance measures to guide the 
implementation of such strategy; 
‘‘(E) an identification of resources and in-
vestments necessary to implement such strat-
egy; and 
‘‘(F) an identification of the roles and re-
sponsibilities within the Department to imple-
ment such strategy.’’. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00566
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
567 
HR 4310 RFS
SEC. 1068. REPORT ON COUNTERPROLIFERATION CAPA-
BILITIES AND LIMITATIONS. 
(a) REPORT REQUIRED.—Not later than March 1, 
2013, the Secretary of Defense shall provide to the con-
gressional defense committees a report outlining oper-
ational capabilities, limitations, and shortfalls within the 
Department of Defense with respect to counterprolifera-
tion and combating weapons of mass destruction involving 
special operations forces and key enabling forces. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include each of the following elements: 
(1) An overview of current capabilities and limi-
tations. 
(2) An overview and assessment of current and 
future training requirements and gaps. 
(3) An assessment of technical capability gaps. 
(4) An assessment of interagency coordination 
capabilities and gaps. 
(5) An outline of current and future prolifera-
tion and weapons of mass destruction threats, in-
cluding critical intelligence gaps. 
(6) An assessment of current international bi-
lateral and multilateral partnerships and the limita-
tions of such partnerships, including an assessment 
of existing authorities to build partnership capacity 
in this area. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00567
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
568 
HR 4310 RFS
(7) A description of efforts to address the limi-
tations and gaps referred to in paragraphs (1) 
through (6), including timelines and requirements to 
address such limitations and such gaps. 
(8) Any other matters the Secretary considered 
appropriate. 
SEC. 1069. REPORT ON COMMUNICATIONS FROM CON-
GRESS ON STATUS OF MILITARY CONSTRUC-
TION PROJECTS. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to Congress a report describing any letters 
from Congress (including a committee of the Senate or 
the House of Representatives, a member of Congress, an 
officer of Congress, or a congressional staff member) re-
ceived by the Department of Defense that refers to or re-
quests information on the status of a military construction 
project on the future-years defense program. 
(b) DEADLINE.—The report required by subsection 
(a) shall be submitted not later than one year after the 
date of the enactment of this Act. 
SEC. 1070. FEDERAL MORTUARY AFFAIRS ADVISORY COM-
MISSION. 
(a) ESTABLISHMENT.—There is established a Fed-
eral Mortuary Affairs Advisory Commission. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00568
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
569 
HR 4310 RFS
(b) PURPOSE.—The purpose of the Commission shall 
be to advise the President, the Secretary of Defense, the 
Secretary of Veterans Affairs, and Congress on the best 
practices for casualty notification, family support, and 
mortuary affairs operations so as to ensure prompt notifi-
cation and compassionate and responsive support for fami-
lies who have lost servicemembers, and for the honorable 
and dignified disposition of the remains of fallen 
servicemembers. 
(c) SCOPE.—Within the Department of Defense and 
the Department of Veterans Affairs, the Commission shall 
examine, on an ongoing basis, all matters that encompass 
the notification of family members on the death of a serv-
icemember in said family; all family support programs, 
policies, and procedures designed to assist affected fami-
lies; and all aspects of mortuary affairs operations, includ-
ing the final disposition of fallen servicemembers. 
(d) COMPOSITION.— 
(1) MEMBERS.—The Commission shall consist 
of 13 members, appointed as follows: 
(A) One member appointed by the Presi-
dent of the United States. 
(B) One member appointed by the Speaker 
of the House of Representatives. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00569
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
570 
HR 4310 RFS
(C) One member appointed by the Minor-
ity Leader of the House of Representatives. 
(D) One member appointed by the Major-
ity Leader of the Senate. 
(E) One member appointed by the Minor-
ity Leader of the Senate. 
(F) One member appointed by the Chair-
man of the House Committee on Veterans Af-
fairs. 
(G) One member appointed by the Ranking 
Member of the House Committee on Veterans 
Affairs. 
(H) One member appointed by the Chair-
man of the House Committee on Armed Serv-
ices. 
(I) One member appointed by the Ranking 
Member of the House Committee on Armed 
Services. 
(J) One member appointed by the Chair-
man of the Senate Committee on Veterans Af-
fairs. 
(K) One member appointed by the Rank-
ing Member of the Senate Committee on Vet-
erans Affairs. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00570
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
571 
HR 4310 RFS
(L) One member appointed by the Chair-
man of the Senate Committee on Armed Serv-
ices. 
(M) One member appointed by the Chair-
man of the Senate Committee on Armed Serv-
ices. 
(2) TERM.—Each member shall serve a term of 
three years. 
(3) MEETINGS AND QUORUM.—After its initial 
meeting, the Commission shall meet upon the call of 
the chairman or a majority of its members. Seven 
members of the Commission shall constitute a 
quorum. 
(4) CHAIRMAN
AND
VICE
CHAIRMAN.—Upon 
convening for its first meeting, the Commission 
members shall elect by majority vote a chairman and 
vice chairman of the Commission. 
(5) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in 
the same manner in which the original appointment 
was made. 
(e) QUALIFICATIONS.— 
(1) POLITICAL PARTY AFFILIATION.—Not more 
than 5 members of the Commission shall be from 
the same political party. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00571
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
572 
HR 4310 RFS
(2) NONGOVERNMENTAL APPOINTEES.—An in-
dividual appointed to the Commission may not be an 
officer or employee of the Federal Government. 
(3) OTHER QUALIFICATIONS.—At least four in-
dividuals appointed to the Commission should in-
clude family members who have direct experience 
dealing with the loss of a servicemember that in-
volved interactions with the Dover Port Mortuary. 
At least three individuals should have extensive pri-
vate or public sector experience in mortuary science, 
operations, procedures, and decorum. 
(f) DURATION.—The Commission shall have a 5 year 
duration, beginning after the last member of the Commis-
sion is appointed. 
(g) MEETINGS
AND REPORTS.—The Commission 
shall hold regular public meetings, notification of which 
shall appear in the Federal Register and on the Commis-
sion’s website. Not less than annually, the Commission 
shall provide a written report to the President, the Sec-
retary of Defense, the Secretary of Veterans Affairs, and 
Congress on— 
(1) recommendations for improving casualty no-
tification, family support, and remains disposition; 
and 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00572
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
573 
HR 4310 RFS
(2) progress, or lack thereof, by the Depart-
ment of Defense and the Department of Veterans 
Affairs in acting upon prior recommendations of the 
Commission. Said report shall also be posted on the 
Commission’s website for public inspection. 
(h) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission is author-
ized to secure directly from any executive depart-
ment, bureau, agency, board, Commission, office, 
independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, 
and statistics for the purposes of this title. Each de-
partment, bureau, agency, board, Commission, of-
fice, independent establishment, or instrumentality 
shall, to the extent authorized by law, furnish such 
information, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by the 
chairman, the chairman of any subcommission cre-
ated by a majority of the Commission, or any mem-
ber designated by a majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable statutes, regulations, and Executive orders. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00573
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
574 
HR 4310 RFS
(i) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
to the Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph 
(1), departments and agencies of the United States 
may provide to the Commission such services, funds, 
facilities, staff, and other support services as they 
may determine advisable and as may be authorized 
by law. 
(j) STAFF OF COMMISSION.— 
(1) APPOINTMENT AND COMPENSATION.—The 
chairman, in consultation with vice chairman, in ac-
cordance with rules agreed upon by the Commission, 
may appoint and fix the compensation of a staff di-
rector and such other personnel as may be necessary 
to enable the Commission to carry out its functions, 
without regard to the provisions of title 5, United 
States Code, governing appointments in the competi-
tive service, and without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such 
title relating to classification and General Schedule 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00574
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
575 
HR 4310 RFS
pay rates, except that no rate of pay fixed under this 
subsection may exceed the equivalent of that payable 
for a position at level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
(2) PERSONNEL AS FEDERAL EMPLOYEES.— 
(A) IN GENERAL.—The executive director 
and any personnel of the Commission who are 
employees shall be employees under section 
2105 of title 5, United States Code, for pur-
poses of chapters 63, 81, 83, 84, 85, 87, 89, 
and 90 of that title. 
(B) MEMBERS OF COMMISSION.—Subpara-
graph (A) shall not be construed to apply to 
members of the Commission. 
(3) DETAILEES.—Any Federal Government em-
ployee may be detailed to the Commission without 
reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges 
of his or her regular employment without interrup-
tion. 
(4) CONSULTANT SERVICES.—The Commission 
is authorized to procure the services of experts and 
consultants in accordance with section 3109 of title 
5, United States Code, but at rates not to exceed the 
daily rate paid a person occupying a position at level 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00575
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
576 
HR 4310 RFS
IV of the Executive Schedule under section 5315 of 
title 5, United States Code. 
(k) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION.—Each member of the 
Commission may be compensated at not to exceed 
the daily equivalent of the annual rate of basic pay 
in effect for a position at level IV of the Executive 
Schedule under section 5315 of title 5, United 
States Code, for each day during which that member 
is engaged in the actual performance of the duties 
of the Commission. 
(2) TRAVEL
EXPENSES.—While away from 
their homes or regular places of business in the per-
formance of services for the Commission, members 
of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, in the 
same manner as persons employed intermittently in 
the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code. 
SEC. 1070A. REPORT ON MANUFACTURING INDUSTRY. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a report assessing the manufacturing industry 
of the United States. The report shall include, at a min-
imum, the following: 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00576
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
577 
HR 4310 RFS
(1) An assessment of the current manufac-
turing capacity of the United States as it relates to 
the ability of the United States to respond to both 
civilian and defense needs. 
(2) An assessment of the tax, trade, and regu-
latory policies of the United States as such policies 
impact the growth of the manufacturing industry in 
the United States. 
(3) An analysis of the factors leading to the in-
creased outsourcing of manufacturing processes to 
foreign nations. 
(4) An analysis of the strength of the United 
States defense industrial base, including the security 
and stability of the supply chain and an assessment 
of the vulnerabilities of that supply chain. 
SEC. 1070B. REPORT ON LONG-TERM COSTS OF OPERATION 
NEW DAWN, OPERATION ENDURING FREE-
DOM, 
AND 
OTHER 
CONTINGENCY 
OPER-
ATIONS. 
(a) REPORT REQUIREMENT.—Not later than 90 days 
after the date of the enactment of this Act, the President, 
with contributions from the Secretary of Defense, the Sec-
retary of State, and the Secretary of Veterans Affairs, 
shall submit to Congress a report containing an estimate 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00577
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
578 
HR 4310 RFS
of the long-term costs of Operation New Dawn and Oper-
ation Enduring Freedom for each the following scenarios: 
(1) The scenario in which the number of mem-
bers of the Armed Forces deployed in support of Op-
eration Enduring Freedom is reduced from roughly 
90,000 in 2012 to 67,000 in 2013, and 50,000 by 
the beginning of 2014, and remains at 50,000 
through 2020. 
(2) The scenario in which the number of mem-
bers of the Armed Forces deployed in support of Op-
eration Enduring Freedom is reduced from roughly 
90,000 in 2012 to 60,000 in 2013, and 30,000 by 
the beginning of 2014, and remains at 30,000 
through 2020. 
(3) An alternative scenario, determined by the 
President and based on current contingency oper-
ation and withdrawal plans, which takes into ac-
count expected force levels and the expected length 
of time that members of the Armed Forces will be 
deployed in support of Operation Enduring Free-
dom. 
(b) ESTIMATES TO BE USED IN PREPARATION OF 
REPORT.—In preparing the report required by subsection 
(b), the President shall make estimates and projections 
through at least fiscal year 2020, adjust any dollar 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00578
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
579 
HR 4310 RFS
amounts appropriately for inflation, and take into account 
and specify each of the following: 
(1) The total number of members of the Armed 
Forces expected to be deployed in support of Oper-
ation Enduring Freedom, and Operation Odyssey 
Dawn, including— 
(A) the number of members of the Armed 
Forces actually deployed in Southwest Asia in 
support of Operation New Dawn, Operation 
Enduring Freedom, and Operation Odyssey 
Dawn; 
(B) the number of members of reserve 
components of the Armed Forces called or or-
dered to active duty in the United States for 
the purpose of training for eventual deployment 
in Southwest Asia, backfilling for deployed 
troops, or supporting other Department of De-
fense missions directly or indirectly related to 
Operation New Dawn, Operation Enduring 
Freedom, and Operation Odyssey Dawn; and 
(C) the break-down of deployments of 
members of the regular and reserve components 
and activation of members of the reserve com-
ponents. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00579
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
580 
HR 4310 RFS
(2) The number of members of the Armed 
Forces, including members of the reserve compo-
nents, who have previously served in support of Op-
eration Iraqi Freedom, Operation New Dawn, Oper-
ation Enduring Freedom, and Operation Odyssey 
Dawn and who are expected to serve multiple de-
ployments. 
(3) The number of contractors and private mili-
tary security firms that have been used and are ex-
pected to be used during the course of Operation 
Iraqi Freedom, Operation New Dawn, Operation 
Enduring Freedom, and Operation Odyssey Dawn. 
(4) The number of veterans currently suffering 
and expected to suffer from post-traumatic stress 
disorder, traumatic brain injury, or other mental in-
juries. 
(5) The number of veterans currently in need of 
and expected to be in need of prosthetic care and 
treatment because of amputations incurred during 
service in support of Operation Iraqi Freedom, Op-
eration New Dawn, and Operation Enduring Free-
dom. 
(6) The current number of pending Department 
of Veterans Affairs claims from veterans of military 
service in Iraq, Afghanistan, and Libya, and the 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00580
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
581 
HR 4310 RFS
total number of such veterans expected to seek dis-
ability compensation from the Department of Vet-
erans Affairs. 
(7) The total number of members of the Armed 
Forces who have been killed or wounded in Iraq, Af-
ghanistan, or Libya, including noncombat casualties, 
the total number of members expected to suffer inju-
ries in Iraq, Afghanistan, and Libya, and the total 
number of members expected to be killed in Iraq, 
Afghanistan, and Libya, including noncombat cas-
ualties. 
(8) The amount of funds previously appro-
priated for the Department of Defense, the Depart-
ment of State, and the Department of Veterans Af-
fairs for costs related to Operation Iraqi Freedom, 
Operation New Dawn, and Operation Enduring 
Freedom, including an account of the amount of 
funding from regular Department of Defense, De-
partment of State, and Department of Veterans Af-
fairs budgets that has gone and will go to costs asso-
ciated with such operations. 
(9) Current and future operational expenditures 
associated with Operation New Dawn, Operation 
Enduring Freedom, and Operation Odyssey Dawn 
including— 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00581
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
582 
HR 4310 RFS
(A) funding for combat operations; 
(B) deploying, transporting, feeding, and 
housing members of the Armed Forces (includ-
ing fuel costs); 
(C) activation and deployment of members 
of the reserve components of the Armed Forces; 
(D) equipping and training of Iraqi and 
Afghani forces; 
(E) purchasing, upgrading, and repairing 
weapons, munitions, and other equipment con-
sumed or used in Operation Iraqi Freedom, Op-
eration New Dawn, Operation Enduring Free-
dom, and Operation Odyssey Dawn; and 
(F) payments to other countries for 
logistical assistance in support of such oper-
ations. 
(10) Past, current, and future costs of entering 
into contracts with private military security firms 
and other contractors for the provision of goods and 
services associated with Operation Iraqi Freedom, 
Operation New Dawn, Operation Enduring Free-
dom, and Operation Odyssey Dawn. 
(11) Average annual cost for each member of 
the Armed Forces deployed in support of Operation 
Iraqi Freedom, Operation New Dawn, Operation 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00582
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
585 
HR 4310 RFS
transporting equipment, weapons, and munitions 
(including fuel costs), and an estimate of the value 
of equipment that will be left behind. 
(20) Cost to restore the military and military 
equipment, including the equipment of the reserve 
components, to full strength after the conclusion of 
Operation New Dawn or Operation Enduring Free-
dom. 
(21) Amount of money borrowed to pay for Op-
eration Iraqi Freedom, Operation New Dawn, Oper-
ation Enduring Freedom, or Operation Odyssey 
Dawn, and the sources of that money. 
(22) Interest on money borrowed, including in-
terest for money already borrowed and anticipated 
interest payments on future borrowing, for Oper-
ation Iraqi Freedom, Operation New Dawn, Oper-
ation Enduring Freedom, or Operation Odyssey 
Dawn. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00585
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
586 
HR 4310 RFS
Subtitle G—Miscellaneous 
Authorities and Limitations 
SEC. 1071. RULE OF CONSTRUCTION RELATING TO PROHI-
BITION ON INFRINGING ON THE INDIVIDUAL 
RIGHT TO LAWFULLY ACQUIRE, POSSESS, 
OWN, CARRY, AND OTHERWISE USE PRI-
VATELY OWNED FIREARMS, AMMUNITION, 
AND OTHER WEAPONS. 
Section 1062(c) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4363) is amended— 
(1) in paragraph (1)(B), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) in paragraph (2), by striking ‘‘others.’’ and 
inserting ‘‘others; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) authorize a mental health professional that 
is a member of the Armed Forces or a civilian em-
ployee of the Department of Defense or a com-
manding officer to inquire if a member of the Armed 
Forces plans to acquire, or already possesses or 
owns, a privately-owned firearm, ammunition, or 
other weapon, if such mental health professional or 
such commanding officer has reasonable grounds to 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00586
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
587 
HR 4310 RFS
believe such member is at high risk for suicide or 
causing harm to others.’’. 
SEC. 1072. EXPANSION OF AUTHORITY OF THE SECRETARY 
OF THE ARMY TO LOAN OR DONATE EXCESS 
SMALL ARMS FOR FUNERAL AND OTHER CER-
EMONIAL PURPOSES. 
Section 4683(a) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3)(A) In order to meet the needs of an eligi-
ble organization with respect to performing funeral 
and other ceremonies, if the Secretary determines 
appropriate, the Secretary may— 
‘‘(i) loan or donate excess small arms to an 
eligible organization; 
‘‘(ii) authorize an eligible organization to 
retain small arms other than M–1 rifles; or 
‘‘(iii) if excess small arms stock is insuffi-
cient to meet organizational requirements, pre-
scribe policies and procedures to establish a ro-
tational loan program based on the needs of eli-
gible organizations. 
‘‘(B) Nothing in this paragraph shall be con-
strued to supersede any Federal law or regulation 
governing the use or ownership of firearms. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00587
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
588 
HR 4310 RFS
‘‘(C) The Secretary may not delegate the au-
thority under this paragraph.’’. 
SEC. 1073. PROHIBITION ON THE USE OF FUNDS FOR MAN-
UFACTURING 
BEYOND 
LOW-RATE 
INITIAL 
PRODUCTION AT CERTAIN PROTOTYPE INTE-
GRATION FACILITIES. 
(a) PROHIBITION.—None of the funds authorized to 
be appropriated by this Act may be used for manufac-
turing production beyond the greater of low-rate initial 
production or 1000 units at a prototype integration facil-
ity of any of the following components of the Army Re-
search, Development, and Engineering Command: 
(1) The Armament Research, Development, and 
Engineering Center. 
(2) The Aviation and Missile Research, Devel-
opment, and Engineering Center. 
(3) The Communications-Electronics Research, 
Development, and Engineering Center. 
(4) The Tank Automotive Research, Develop-
ment, and Engineering Center. 
(b) WAIVER.—The Assistant Secretary of the Army 
for Acquisition, Logistics, and Technology may waive the 
prohibition under subsection (a) for a fiscal year if— 
(1) the Assistant Secretary determines that the 
waiver is necessary— 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00588
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
589 
HR 4310 RFS
(A) for reasons of national security; or 
(B) to rapidly acquire equipment to re-
spond to combat emergencies; and 
(2) the Assistant Secretary submits to Congress 
a notification of the waiver together with the reasons 
for the waiver. 
(c) LOW-RATE INITIAL PRODUCTION.—For purposes 
of this section, the term ‘‘low-rate initial production’’ shall 
be determined in accordance with section 2400 of title 10, 
United States Code. 
SEC. 1074. INTERAGENCY COLLABORATION ON UNMANNED 
AIRCRAFT SYSTEMS. 
(a) FINDINGS ON JOINT DEPARTMENT OF DEFENSE- 
FEDERAL AVIATION ADMINISTRATION EXECUTIVE COM-
MITTEE ON CONFLICT AND DISPUTE RESOLUTION.—Sec-
tion 1036(a) of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4596) is amended by adding at the end 
the following new paragraph: 
‘‘(9) Collaboration of scientific and technical 
personnel and sharing resources from the Depart-
ment of Defense, Federal Aviation Administration, 
and National Aeronautics and Space Administration 
can advance an enduring relationship of research ca-
pability to advance the access of unmanned aircraft 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00589
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
590 
HR 4310 RFS
systems of the Department of Defense to the Na-
tional Airspace System.’’. 
(b) INTERAGENCY COLLABORATION.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall collaborate with the Administrator of the Fed-
eral Aviation Administration and the Administrator 
of the National Aeronautics and Space Administra-
tion to conduct research and seek solutions to chal-
lenges associated with the safe integration of un-
manned aircraft systems into the National Airspace 
System in accordance with subtitle B of title III of 
the FAA Modernization and Reform Act of 2012 
(Public Law 112–95; 126 Stat. 72). 
(2) ACTIVITIES IN SUPPORT OF PLAN ON AC-
CESS TO NATIONAL AIRSPACE FOR UNMANNED AIR-
CRAFT
SYSTEMS.—Collaboration under paragraph 
(1) may include research and development of sci-
entific and technical issues, equipment, and tech-
nology in support of the plan to safely accelerate the 
integration of unmanned aircraft systems as re-
quired by subtitle B of title III of the FAA Mod-
ernization and Reform Act of 2012 (Public Law 
112–95; 126 Stat. 72). 
(3) NONDUPLICATIVE
EFFORTS.—If the Sec-
retary of Defense determines it is in the interest of 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00590
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
591 
HR 4310 RFS
the Department of Defense, the Secretary may use 
existing aerospace-related laboratories, personnel, 
equipment research radars, and ground facilities of 
the Department of Defense to avoid the duplication 
of efforts in carrying out collaboration under para-
graph (1). 
(4) REPORTS.— 
(A) REQUIREMENT.—The Secretary of De-
fense, on behalf of the UAS Executive Com-
mittee, shall annually submit to the congres-
sional defense committees, the Committee on 
Transportation and Infrastructure and the 
Committee on Science, Space, and Technology 
of the House of Representatives, and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate a report on the progress of 
collaborative research activity, including— 
(i) the progress on accomplishing the 
goals of the unmanned aircraft systems re-
search, development, and demonstration 
roadmap of the Next Generation Air 
Transportation System Joint Planning and 
Development Office of the Federal Avia-
tion Administration; and 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00591
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
592 
HR 4310 RFS
(ii) estimates of long-term funding 
needs. 
(B) TERMINATION.—The requirement to 
submit a report under subparagraph (A) shall 
terminate on the date that is five years after 
the date of the enactment of this Act. 
(c) UAS EXECUTIVE COMMITTEE DEFINED.—In this 
section, the term ‘‘UAS Executive Committee’’ means the 
Department of Defense–Federal Aviation Administration 
executive committee described in section 1036(b) of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4596) 
established by the Secretary of Defense and the Adminis-
trator of the Federal Aviation Administration. 
SEC. 1075. AUTHORITY TO TRANSFER SURPLUS MINE-RE-
SISTANT 
AMBUSH-PROTECTED 
VEHICLES 
AND SPARE PARTS. 
(a) AUTHORITY.—The Secretary of Defense is au-
thorized to transfer surplus Mine-Resistant Ambush-Pro-
tected vehicles, including spare parts for such vehicles, to 
non-profit United States humanitarian demining organiza-
tions for purposes of demining activities and training of 
such organizations. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00592
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
593 
HR 4310 RFS
(b) TERMS AND CONDITIONS.—Any transfer of vehi-
cles or spare parts under subsection (a) shall be subject 
to the following terms and conditions: 
(1) The transfer shall be made on a loan basis. 
(2) The costs of operation and maintenance of 
the vehicles shall be borne by the recipient organiza-
tion. 
(3) Any other terms and conditions as the Sec-
retary of Defense determines to be appropriate. 
(c) NOTIFICATION.—The Secretary of Defense shall 
notify the congressional defense committees in writing not 
less than 60 days before making any transfer of vehicles 
or spare parts under subsection (a). Such notification shall 
include the name of the organization, the number and 
model of the vehicle to be transferred, a listing of any 
spare parts to be transferred, and any other information 
the Secretary considers appropriate. 
SEC. 1076. LIMITATION ON AVAILABILITY OF FUNDS FOR 
RETIREMENT OF AIRCRAFT. 
(a) IN GENERAL.—Except as provided by section 
135, none of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2013 
for the Army or the Air Force may be used during fiscal 
year 2013 to divest, retire, or transfer, or prepare to di-
vest, retire, or transfer, any— 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00593
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
594 
HR 4310 RFS
(1) C–23 aircraft of the Army assigned to the 
Army as of May 31, 2012; or 
(2) aircraft of the Air Force assigned to the Air 
Force as of May 31, 2012. 
(b) WAIVER.—The Secretary of Defense may waive 
the limitation in subsection (a) if— 
(1) the Secretary submits to the congressional 
defense committees written certification that such a 
waiver is necessary to meet an emergency national 
security requirement; and 
(2) a period of 15 days has elapsed following 
the date on which such certification is submitted. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than March 1, 
2013, the Secretary of Defense shall submit to the 
congressional defense committees a report by the 
Chief of the National Guard Bureau, the Chief of 
Staff of the Air Force, and the Chief of Staff of the 
Army and approved by the Secretary of Defense that 
specifies, with respect to all aircraft proposed to be 
retired during fiscal years 2013 through 2017— 
(A) the economic analysis used to make 
each realignment decision with respect to such 
aircraft of the National Guard and Air Force 
Reserve; 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00594
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
595 
HR 4310 RFS
(B) alternative options considered for each 
such realignment decision, including an analysis 
of such options; 
(C) the effect of each such realignment de-
cision on— 
(i) the current personnel at the loca-
tion; and 
(ii) the missions and capabilities of 
the Army; and 
(D) the plans for each location that is 
being realigned, including the analysis used for 
such plans. 
(2) GAO ANALYSIS.—The Comptroller General 
of the United States shall carry out the following: 
(A) An economic analysis of the realign-
ment decisions made by the Secretary of De-
fense with respect to the aircraft of the Na-
tional Guard and Air Force Reserve described 
in paragraph (1)(A). 
(B) An analysis of the alternative options 
considered for each such realignment decision. 
(C) An analysis of the effect of each such 
realignment decision on— 
(i) the current personnel at the loca-
tion; and 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00595
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
596 
HR 4310 RFS
(ii) the missions and capabilities of 
the Army; and 
(D) An analysis of the plans described in 
paragraph (1)(D). 
(3) COOPERATION.—The Secretary of Defense 
shall provide the Comptroller General with relevant 
data and cooperation to carry out the analyses under 
paragraph (2). 
(4) SUBMITTAL.—Not later than 90 days after 
the date on which the Secretary submits the report 
under paragraph (1), the Comptroller General shall 
submit to the congressional defense committees a re-
port containing the analyses conducted under para-
graph (2). 
SEC. 1077. PROHIBITION ON DEPARTMENT OF DEFENSE 
USE OF NONDISCLOSURE AGREEMENTS TO 
PREVENT MEMBERS OF THE ARMED FORCES 
AND CIVILIAN EMPLOYEES OF THE DEPART-
MENT FROM COMMUNICATING WITH MEM-
BERS OF CONGRESS. 
(a) INCLUSION OF CIVILIAN EMPLOYEES IN CUR-
RENT PROHIBITION ON RESTRICTING COMMUNICATION.— 
Paragraph (1) of subsection (a) of section 1034 of title 
10, United States Code, is amended by inserting ‘‘or civil-
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00596
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
597 
HR 4310 RFS
ian employee of the Department of Defense’’ after ‘‘mem-
ber of the armed forces’’. 
(b) 
PROHIBITION
ON
USING
NONDISCLOSURE 
AGREEMENTS
TO
RESTRICT
COMMUNICATION.—Such 
subsection is further amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2)(A) The prohibition imposed by paragraph (1) 
precludes the use of a nondisclosure agreement with a 
member of the armed forces or a civilian employee of the 
Department of Defense to restrict the member or em-
ployee in communicating with a Member of Congress or 
an Inspector General. 
‘‘(B) Subparagraph (A) does not prevent the use of 
nondisclosure agreements to prevent the disclosure of— 
‘‘(i) deliberations regarding the closure or re-
alignment of a military installation under a base clo-
sure law; 
‘‘(ii) commercial proprietary information; and 
‘‘(iii) classified information the level of which 
exceeds the clearance held by the requestor.’’. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00597
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
598 
HR 4310 RFS
SEC. 1078. AUTHORITY FOR CORPS OF ENGINEERS TO CON-
STRUCT PROJECTS CRITICAL TO NAVIGA-
TION SAFETY. 
The Secretary of the Army, acting through the Chief 
of Engineers, may accept non-Federal funds and use such 
funds to construct a navigation project that has not been 
specifically authorized by law if— 
(1) the Secretary has received a completed 
Chief of Engineers’ report for the project; 
(2) the project is fully funded by non-Federal 
sources using non-Federal funds; and 
(3) the Secretary finds that the improvements 
to be made by the project are critical to navigation 
safety. 
SEC. 1079. REVIEW OF AIR NATIONAL GUARD COMPONENT 
NUMBERED 
AIR 
FORCE 
AUGMENTATION 
FORCE. 
(a) REVIEW.— 
(1) IN
GENERAL.—The Secretary of the Air 
Force shall conduct a review of the decision of the 
Secretary to cancel or consolidate the Air National 
Guard Component Numbered Air Force Augmenta-
tion Force. 
(2) MATTERS
INCLUDED.—The review under 
paragraph (1) shall include the following: 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00598
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
599 
HR 4310 RFS
(A) An explanation of how the Secretary 
determined which Air National Guard Aug-
mentation Units would be retired or relocated 
during fiscal year 2013. 
(B) A description of the methodologies un-
derlying such determinations, including the fac-
tors and assumptions that shaped the specific 
determinations. 
(C) The rationale for selecting Augmenta-
tion Units to be retired or relocated with re-
spect to such Units of the Air National Guard. 
(D) An explanation of how such consolida-
tion or relocation affects national security. 
(E) Details of the costs incurred, avoided, 
or saved with respect to consolidation or reloca-
tion of Augmentation Units. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report on the 
review conducted under subsection (a)(1). 
(c) COMPTROLLER GENERAL REVIEW.—Not later 
than 60 days after the date on which the report is sub-
mitted under subsection (b), the Comptroller General of 
the United States shall submit to the congressional de-
fense committees a review of such report. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00599
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
600 
HR 4310 RFS
Subtitle H—Other Matters 
SEC. 1081. BIPARTISAN INDEPENDENT STRATEGIC REVIEW 
PANEL. 
(a) BIPARTISAN INDEPENDENT STRATEGIC REVIEW 
PANEL.— 
(1) ESTABLISHMENT.—Chapter 2 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 119b. Bipartisan independent strategic review 
panel 
‘‘(a) ESTABLISHMENT.—There is established a bipar-
tisan independent strategic review panel (in this section 
referred to as the ‘Panel’) to conduct a regular review of 
the national defense strategic environment of the United 
States and to conduct an independent assessment of the 
quadrennial defense review required under section 118. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) APPOINTMENT.—The Panel shall be com-
posed of 12 members from civilian life with a recog-
nized expertise in national security matters who 
shall be appointed as follows: 
‘‘(A) Four members shall be appointed by 
the Secretary of Defense, of whom not more 
than three members shall be of the same polit-
ical party. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00600
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
601 
HR 4310 RFS
‘‘(B) Two members shall be appointed by 
the chair of the Committee on Armed Services 
of the House of Representatives. 
‘‘(C) Two members shall be appointed by 
the chair of the Committee on Armed Services 
of the Senate. 
‘‘(D) Two members shall be appointed by 
the ranking minority member of the Committee 
on Armed Services of the House of Representa-
tives. 
‘‘(E) Two members shall be appointed by 
the ranking minority member of the Committee 
on Armed Services of the Senate. 
‘‘(2) INITIAL
MEMBERS: APPOINTMENT
DATE 
AND TERM OF SERVICE.— 
‘‘(A) APPOINTMENT
DATE.—The initial 
members of the Panel shall be appointed under 
paragraph (1) not later than January 30, 2013. 
‘‘(B) TERMS.— 
‘‘(i) The Secretary of Defense shall 
designate two initial members of the Panel 
appointed under paragraph (1)(A) to serve 
terms that expire on December 31, 2013, 
and two such initial members to serve 
terms that expire on December 31, 2014. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00601
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
602 
HR 4310 RFS
‘‘(ii) The chair of the Committee on 
Armed Services of the House of Represent-
atives shall designate one initial member of 
the Panel appointed under paragraph 
(1)(B) to serve a term that expires on De-
cember 31, 2013, and one such initial 
member to serve a term that expires on 
December 31, 2014. 
‘‘(iii) The chair of the Committee on 
Armed Services of the Senate shall des-
ignate one initial member of the Panel ap-
pointed under paragraph (1)(C) to serve a 
term that expires on December 31, 2013, 
and one such initial member to serve a 
term that expires on December 31, 2014. 
‘‘(iv) The ranking minority member of 
the Committee on Armed Services of the 
House of Representatives shall designate 
one initial member of the Panel appointed 
under paragraph (1)(D) to serve a term 
that expires on December 31, 2013, and 
one such initial member to serve a term 
that expires on December 31, 2014. 
‘‘(v) The ranking minority member of 
the Committee on Armed Services of the 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00602
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
603 
HR 4310 RFS
Senate shall designate one initial member 
of the Panel appointed under paragraph 
(1)(E) to serve a term that expires on De-
cember 31, 2013, and one such initial 
member to serve a term that expires on 
December 31, 2014. 
‘‘(3) CHAIRS.—The Secretary of Defense shall 
designate two members appointed pursuant to para-
graph (1)(A) that are not of the same political party 
to serve as the Chairs of the Panel. 
‘‘(4) VACANCIES.— 
‘‘(A) A vacancy in the Panel shall be filled 
in the same manner as the original appointment 
and not later than 30 days after the date on 
which the vacancy begins. 
‘‘(B) A member of the Panel appointed to 
fill a vacancy shall be appointed for a term that 
expires— 
‘‘(i) in the case of an appointment to 
fill a vacancy resulting from a person not 
serving the entire term for which such per-
son was appointed, at the end of the re-
mainder of such term; and 
‘‘(ii) in the case of an appointment to 
fill a vacancy resulting from the expiration 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00603
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
604 
HR 4310 RFS
of the term of a member of the panel, two 
years after the date on which the term of 
such member expired. 
‘‘(5) REAPPOINTMENT.—Members of the Panel 
may be reappointed to the Panel for additional 
terms of service. 
‘‘(6) PAY.—The members of the Panel shall 
serve without pay 
‘‘(7) TRAVEL EXPENSES.—Each member of the 
Panel shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with appli-
cable provisions under subchapter I of chapter 57 of 
title 5, United States Code. 
‘‘(c) DUTIES.— 
‘‘(1) REVIEW
OF
NATIONAL
DEFENSE
STRA-
TEGIC ENVIRONMENT.—The Panel shall every four 
years, during a year following a year evenly divisible 
by four, review the national defense strategic envi-
ronment of the United States. Such review shall in-
clude a review and assessment of— 
‘‘(A) the national defense environment, in-
cluding challenges and opportunities; 
‘‘(B) the national defense strategy and pol-
icy; 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00604
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
605 
HR 4310 RFS
‘‘(C) the national defense roles, missions, 
and organizations; 
‘‘(D) the risks to the national defense of 
the United States and how such risks affect 
challenges and opportunities to national de-
fense; and 
‘‘(2) ADDITIONAL
REVIEWS.—The Panel may 
conduct additional reviews under paragraph (1) as 
requested by Congress or the Secretary of Defense, 
or when the Panel determines a significant change 
in the national defense environment has occurred 
that would warrant new recommendations from the 
Panel. 
‘‘(3) ASSESSMENT OF QUADRENNIAL DEFENSE 
REVIEW.—The Panel shall conduct an assessment of 
each quadrennial defense review required to be con-
ducted under section 118. Each assessment shall in-
clude— 
‘‘(A) a review of the Secretary of Defense’s 
terms of reference, and any other materials pro-
viding the basis for, or substantial inputs to, 
the work of the Department of Defense on such 
quadrennial defense review; 
‘‘(B) an assessment of the assumptions, 
strategy, findings, and risks in the report of the 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00605
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
606 
HR 4310 RFS
Secretary of Defense on such quadrennial de-
fense review required under section 118(d), 
with particular attention paid to the risks de-
scribed in such a report; 
‘‘(C) an independent assessment of a vari-
ety of possible force structures for the armed 
forces, including the force structure identified 
in the report required under section 118(d); 
and 
‘‘(D) a review of the resource requirements 
identified in such quadrennial defense review 
pursuant to section 118(b)(3) and, to the extent 
practicable, a general comparison of such re-
source requirements with the resource require-
ments to support the forces contemplated under 
the force structures assessed under subpara-
graph (C). 
‘‘(d) ADMINISTRATIVE PROVISIONS.— 
‘‘(1) STAFF.— 
‘‘(A) IN
GENERAL.—The Chairs of the 
Panel may, without regard to the civil service 
laws and regulations, appoint and terminate an 
executive director and not more than 11 addi-
tional personnel, as may be necessary to enable 
the Panel to perform the duties of the Panel. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00606
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
608 
HR 4310 RFS
‘‘(4) PROVISION OF INFORMATION.—The Panel 
may request directly from the Department of De-
fense and any of its components such information as 
the Panel considers necessary to carry out its duties 
under this section. The head of the department or 
agency concerned shall cooperate with the Panel to 
ensure that information requested by the Panel 
under this paragraph is promptly provided to the 
maximum extent practical. 
‘‘(5) USE OF CERTAIN DEPARTMENT OF DE-
FENSE
RESOURCES.—Upon the request of the 
Chairs of the Panel, the Secretary of Defense shall 
make available to the Panel the services of any fed-
erally-funded research and development center that 
is covered by a sponsoring agreement of the Depart-
ment of Defense. 
‘‘(6) FUNDING.—Funds for activities of the 
Panel shall be provided from amounts available to 
the Department of Defense. 
‘‘(e) REPORTS.— 
‘‘(1) REVIEW
OF
NATIONAL
DEFENSE
STRA-
TEGIC ENVIRONMENT.—Not later than June 30 of a 
year following a year evenly divisible by four, the 
Panel shall submit to the congressional defense com-
mittees, the Secretary of Defense, and the National 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00608
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
609 
HR 4310 RFS
Security Council a report containing the results of 
the review conducted under subsection (c)(1) and 
any recommendations or other matters that the 
Panel considers appropriate. 
‘‘(2) ASSESSMENT OF QUADRENNIAL DEFENSE 
REVIEW.—Not later than 90 days after the date on 
which a report on a quadrennial defense review is 
submitted to Congress under section 118(d), the 
Panel shall submit to the congressional defense com-
mittees and the Secretary of Defense a report con-
taining the results of the assessment conducted 
under subsection (c)(3) and any recommendations or 
other matters that the Panel considers appro-
priate.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 2 of title 10, 
United States Code, is amended by adding at the 
end the following new item: 
‘‘119b. Bipartisan independent strategic review panel.’’. 
(b) UPDATES FROM SECRETARY OF DEFENSE ON 
PROGRESS OF QUADRENNIAL DEFENSE REVIEW.—Sec-
tion 118(f) of title 10, United States Code, is amended 
to read as follows: 
‘‘(f) UPDATES TO BIPARTISAN INDEPENDENT STRA-
TEGIC REVIEW PANEL.—The Secretary of Defense shall 
ensure that periodically, but not less often than every 60 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00609
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
610 
HR 4310 RFS
days, or at the request of the Chairs of the bipartisan 
independent strategic review panel established under sec-
tion 119b(a), the Department of Defense briefs such panel 
on the progress of the conduct of a quadrennial defense 
review under subsection (a).’’. 
(c) BIPARTISAN INDEPENDENT STRATEGIC REVIEW 
OF THE UNITED STATES ARMY.— 
(1) REVIEW
REQUIRED.—Not later than 30 
days after the date on which all initial members of 
the bipartisan independent strategic review panel are 
appointed under section 119b(b) of title 10, United 
States Code, as added by subsection (a)(1) of this 
section, the Panel shall begin a review of the future 
of the Army. 
(2) ELEMENTS
OF
REVIEW.—The review re-
quired under paragraph (1) shall include a review 
and assessment of— 
(A) the validity and utility of the scenarios 
and planning assumptions the Army used to de-
velop the current force structure of the Army; 
(B) such force structure and an evaluation 
of the adequacy of such force structure for 
meeting the goals of the national military strat-
egy of the United States; 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00610
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
611 
HR 4310 RFS
(C) the size and structure of elements of 
the Army, in particular United States Army 
Training and Doctrine Command, United 
States Army Materiel Command, and corps and 
higher headquarters elements; 
(D) potential alternative force structures of 
the Army; and 
(E) the resource requirements of each of 
the alternative force structures analyzed by the 
Panel. 
(3) REPORT.— 
(A) PANEL REPORT.—Not later than one 
year after the date on which the Panel begins 
the review required under paragraph (1), the 
Panel shall submit to the congressional defense 
committees and the Secretary of Defense a re-
port containing the findings and recommenda-
tions of the Panel, including any recommenda-
tions concerning changes to the planned size 
and composition of the Army. 
(B) ADDITIONAL VIEWS.—The report re-
quired under subparagraph (A) shall include 
any additional or dissenting views of a member 
of the Panel that such member considers appro-
priate to include in such report. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00611
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
612 
HR 4310 RFS
(4) DEFINITIONS.—In this section: 
(A) ARMY.—The term ‘‘Army’’ includes 
the reserve components of the Army. 
(B) BIPARTISAN INDEPENDENT STRATEGIC 
REVIEW PANEL.—The terms ‘‘bipartisan inde-
pendent strategic review panel’’ and ‘‘Panel’’ 
mean the bipartisan independent strategic re-
view panel established under section 119b(a) of 
title 10, United States Code, as added by sub-
section (a)(1) of this section. 
SEC. 1082. NOTIFICATION OF DELAYED REPORTS. 
(a) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by inserting after section 122a 
the following new section: 
‘‘§ 122b. Notification of delayed reports 
‘‘If the Secretary of Defense determines that a report 
required by law to be submitted by any official of the De-
partment of Defense to Congress will not be submitted by 
the date required under law, the Secretary shall submit 
to the congressional defense committees a notification, by 
not later than such date, of the following: 
‘‘(1) An explanation of why such report will not 
be submitted by such date. 
‘‘(2) The date on which such report will be sub-
mitted. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00612
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
613 
HR 4310 RFS
‘‘(3) The status of such report as of the date 
of the notification. 
‘‘(4) The office of the Department carrying out 
such report and the individual acting as the head of 
such office.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 122a the following new 
item: 
‘‘122b. Notification of delayed reports.’’. 
SEC. 1083. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) AMENDMENTS TO NATIONAL DEFENSE AUTHOR-
IZATION ACT FOR FISCAL YEAR 2012.—Effective as of 
December 31, 2011, and as if included therein as enacted, 
the National Defense Authorization Act for Fiscal Year 
2012 (Public Law 112–81) is amended as follows: 
(1) Section 243(d) (125 Stat. 1344) is amended 
by striking ‘‘paragraph’’ and inserting ‘‘subsection’’. 
(2) Section 541(b) (125 Stat. 1407) is amended 
by striking ‘‘, as amended by subsection (a),’’. 
(3) Section 589(b) (125 Stat. 1438) is amended 
by striking ‘‘section 717’’ and inserting ‘‘section 
2564’’. 
(4) Section 602(a)(2) (125 Stat. 1447) is 
amended by striking ‘‘repairs,’’ and inserting ‘‘re-
pairs’’. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00613
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
614 
HR 4310 RFS
(5) Section 631(e)(28)(A) (125 Stat. 1464) is 
amended by striking ‘‘In addition’’ in the matter 
proposed to be inserted and inserting ‘‘Under regu-
lations’’. 
(6) Section 631(f)(2) (125 Stat. 1464) is 
amended by striking ‘‘table of chapter’’ and insert-
ing ‘‘table of chapters’’. 
(7) Section 631(f)(3)(B) (125 Stat. 1465) is 
amended by striking ‘‘chapter 9’’ and inserting 
‘‘chapter 10’’. 
(8) Section 631(f)(4) (125 Stat. 1465) is 
amended by striking ‘‘subsection (c)’’ both places it 
appears and inserting ‘‘subsection (d)’’. 
(9) Section 801 (125 Stat. 1482) is amended— 
(A) in subsection (a)(1)(B), by striking 
‘‘paragraphs (6) and (7)’’ and inserting ‘‘para-
graphs (5) and (6)’’; 
(B) in subsection (a)(2), in the matter pro-
posed to be inserted as a new paragraph, by 
striking the double closing quotation marks 
after ‘‘capabilities’’ and inserting a single clos-
ing quotation mark; and 
(C) in subsection (e)(1)(A), by striking 
‘‘Point’’ in the matter proposed to be struck 
and inserting ‘‘Point A’’. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00614
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
615 
HR 4310 RFS
(10) Section 832(b)(1) (125 Stat. 1504) is 
amended by striking ‘‘Defenese’’ and inserting ‘‘De-
fense’’. 
(11) Section 855 (125 Stat. 1521) is amended 
by striking ‘‘Section 139e(b)(12)’’ and inserting 
‘‘Section 139c(b)(12)’’. 
(12) Section 864(a)(2) (125 Stat. 1522) is 
amended by striking ‘‘for Acquisition Workforce 
Programs’’ in the matter proposed to be struck. 
(13) Section 864(d)(2) (125 Stat. 1525) is 
amended to read as follows: 
‘‘(2) in paragraph (6), by striking ‘ensure that 
amounts collected’ and all that follows through the 
end of the paragraph (as amended by section 526 of 
division C of Public Law 112–74 (125 Stat. 914)) 
and inserting ‘ensure that amounts collected under 
this section are not used for a purpose other than 
the activities set forth in section 1201(a) of this 
title.’.’’. 
(14) Section 866(a) (125 Stat. 1526) is amend-
ed by striking ‘‘September 30’’ in the matter pro-
posed to be struck and inserting ‘‘December 31’’. 
(15) Section 867 (125 Stat. 1526) is amend-
ed— 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00615
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
616 
HR 4310 RFS
(A) in paragraph (1), by striking ‘‘2010’’ 
in the matter proposed to be struck and insert-
ing ‘‘2011’’; and 
(B) in paragraph (2), by striking ‘‘2013’’ 
in the matter proposed to be struck and insert-
ing ‘‘2014’’. 
(16) Section 1045(c)(1) (125 Stat. 1577) is 
amended by striking ‘‘described in subsection (b)’’ 
and inserting ‘‘described in paragraph (2)’’. 
(17) Section 1067 (125 Stat. 1589) is amend-
ed— 
(A) by striking subsection (a); and 
(B) by striking the subsection designation 
and the subsection heading of subsection (b). 
(18) Section 2702 (125 Stat. 1681) is amend-
ed— 
(A) in the section heading, by striking 
‘‘AUTHORIZED’’ and inserting ‘‘AUTHORIZA-
TION OF APPROPRIATIONS FOR’’; and 
(B) by striking ‘‘Using amounts’’ and all 
that follows through ‘‘may carry out’’ and in-
serting ‘‘Funds are hereby authorized to be ap-
propriated for fiscal years beginning after Sep-
tember 30, 2011, for’’. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00616
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
617 
HR 4310 RFS
(19) Section 2815(c) (125 Stat. 1689) is 
amended by inserting ‘‘subchapter III of’’ before 
‘‘chapter 169’’. 
(b) AMENDMENTS TO IKE SKELTON NATIONAL DE-
FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011.— 
Effective as of January 7, 2011, and as if included therein 
as enacted, the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383) is 
amended as follows: 
(1) Section 533(b) (124 Stat. 4216) is amended 
by inserting ‘‘Section’’ before ‘‘1559(a)’’. 
(2) Section 863(d)(9) (124 Stat. 4293; 10 
U.S.C. 2330 note) is amended by striking ‘‘this 
title’’ and inserting ‘‘title 10, United States Code’’. 
(3) Section 896(a) (124 Stat. 4314) is amended 
by striking ‘‘Chapter 7’’ and inserting ‘‘Chapter 4’’. 
(c) AMENDMENTS TO REFLECT REDESIGNATION OF 
CERTAIN POSITIONS IN OFFICE OF SECRETARY OF DE-
FENSE.— 
(1) ASSISTANT SECRETARY OF DEFENSE FOR 
NUCLEAR, CHEMICAL, AND
BIOLOGICAL
DEFENSE 
PROGRAMS.—Section 1605(a)(5) of the National De-
fense Authorization Act for Fiscal Year 1994 (Pub-
lic Law 103–160; 22 U.S.C. 2751 note) is amended 
by striking ‘‘The Assistant to the Secretary of De-
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00617
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
618 
HR 4310 RFS
fense for Nuclear and Chemical and Biological De-
fense Programs’’ each place it appears and inserting 
‘‘The Assistant Secretary of Defense for Nuclear, 
Chemical, and Biological Defense Programs’’. 
(2) ASSISTANT SECRETARY OF DEFENSE FOR 
RESEARCH AND ENGINEERING.— 
(A) The following provisions are amended 
by striking ‘‘Director of Defense Research and 
Engineering’’ and inserting ‘‘Assistant Sec-
retary of Defense for Research and Engineer-
ing’’: 
(i) 
Sections 
2362(a)(1) 
and 
2521(e)(5) of title 10, United States Code. 
(ii) Section 241(c) of the National De-
fense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 10 U.S.C. 
2521 note). 
(iii) Section 212(b) of the Ronald W. 
Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 
108–375; 10 U.S.C. 2358 note). 
(iv) Section 246(d)(1) of the Bob 
Stump National Defense Authorization Act 
for Fiscal Year 2003 (Public Law 107– 
314; 10 U.S.C. 2358 note). 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00618
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
619 
HR 4310 RFS
(v) Section 257(a) of the National De-
fense Authorization Act for Fiscal Year 
1995 (Public Law 103–337; 10 U.S.C. 
2358 note). 
(vi) Section 1101(b)(1)(D) of the 
Strom Thurmond National Defense Au-
thorization Act for Fiscal Year 1999 (Pub-
lic Law 105–261; 5 U.S.C. 3104 note). 
(vii) Section 802(g)(1)(B)(ii) of the 
Higher Education Opportunity Act (20 
U.S.C. 9631(g)(1)(B)(ii)). 
(B) Section 2365 of title 10, United States 
Code, is amended— 
(i) in subsection (a), by inserting ‘‘of 
Defense for Research and Engineering’’ 
after ‘‘Assistant Secretary’’; and 
(ii) in subsection (d)(3)(A), by strik-
ing ‘‘Director’’ and inserting ‘‘Assistant 
Secretary’’. 
(C) Section 256 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 10 U.S.C. 1071 note) is amend-
ed in subsections (b)(4) and (d) by striking 
‘‘Director, Defense’’ and inserting ‘‘Assistant 
Secretary of Defense for’’. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00619
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
620 
HR 4310 RFS
(D) Section 1504 of the Duncan Hunter 
National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 10 U.S.C. 
2358 note) is amended— 
(i) in subsection (a), by striking ‘‘Di-
rector of Defense’’ and inserting ‘‘Assist-
ant Secretary of Defense for’’; and 
(ii) in subsection (b)(9), by striking 
‘‘the Director of the’’ and all that follows 
through ‘‘Engineering’’ and inserting ‘‘the 
Director and the Assistant Secretary’’. 
(E) Section 802 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public 
Law 103–160; 10 U.S.C. 2358 note) is amend-
ed— 
(i) in subsection (a), by striking ‘‘Di-
rector of Defense’’ and inserting ‘‘Assist-
ant Secretary of Defense for’’; 
(ii) in subsections (b), (d), and (e), by 
striking ‘‘Director’’ and inserting ‘‘Assist-
ant Secretary’’; and 
(iii) in subsection (f), by striking ‘‘Not 
later than’’ and all that follows through 
‘‘the Director’’ and inserting ‘‘The Assist-
ant Secretary’’. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00620
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
623 
HR 4310 RFS
(7) Section 2382(c) is amended— 
(A) in paragraph (2)(B), by striking ‘‘sec-
tions 303H through 303K of the Federal Prop-
erty and Administrative Services Act of 1949 
(41 U.S.C. 253h through 253k)’’ and inserting 
‘‘sections 4101, 4103, 4105, and 4106 of title 
41’’; and 
(B) in paragraph (3)(A), by striking ‘‘sec-
tion 16(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 414(c))’’ and inserting 
‘‘section 1702(c) of title 41’’. 
(8) Section 2410m(b)(1) is amended— 
(A) in subparagraph (A)(i), by striking 
‘‘section 7 of such Act’’ and inserting ‘‘section 
7104(a) of such title’’; and 
(B) in subparagraph (B)(ii), by striking 
‘‘section 7 of the Contract Disputes Act of 
1978’’ and inserting ‘‘section 7104(a) of title 
41’’. 
(9) Section 2533b is amended— 
(A) in subsection (h)— 
(i) in paragraph (1), by striking ‘‘sec-
tions 34 and 35 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 430 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00623
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
625 
HR 4310 RFS
(A) in paragraph (3), by striking ‘‘sub-
sections (b)(2)(A) and (b)(2)(B)’’ and inserting 
‘‘subsections (b)(1)(A) and (b)(1)(B)’’; and 
(B) 
in 
paragraph 
(4), 
by 
striking 
‘‘1734(d), or 1736(c)’’ and inserting ‘‘or 
1734(d)’’. 
(2) Section 2382(b)(1) is amended by inserting 
‘‘of the Small Business Act (15 U.S.C. 657q(c)(4))’’ 
after ‘‘section 44(c)(4)’’; 
(3) Section 2548(e)(2) is amended by striking 
‘‘section 103(f) of the Weapon Systems Acquisition 
Reform Act of 2009 (10 U.S.C. 2430 note),’’ and in-
serting ‘‘section 2438(f) of this title’’. 
(4) Section 2925 is amended— 
(A) in subsection (a)(1), by striking ‘‘sec-
tion 533’’ and inserting ‘‘section 553’’; and 
(B) in subsection (b)(1), by striking ‘‘sec-
tion 139b’’ and inserting ‘‘section 138c’’. 
(f) DATE OF ENACTMENT REFERENCES.—Title 10, 
United States Code, is amended as follows: 
(1) Section 1564(a)(2)(B) is amended by strik-
ing ‘‘the date of the enactment of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 
2011’’ in clauses (ii) and (iii) and inserting ‘‘Janu-
ary 7, 2011’’. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00625
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
626 
HR 4310 RFS
(2) Section 2359b(k)(5) is amended by striking 
‘‘the date that is five years after the date of the en-
actment of this Act’’ and inserting ‘‘January 7, 
2016’’. 
(3) Section 2649(c) is amended by striking 
‘‘During the 5-year period beginning on the date of 
the enactment of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011’’ and insert-
ing ‘‘Until January 6, 2016’’. 
(4) Section 2790(g)(1) is amended by striking 
‘‘on or after the date of the enactment of the Ike 
Skelton National Defense Authorization Act for Fis-
cal Year 2011’’ and inserting ‘‘after January 6, 
2011,’’. 
(5) Sections 3911(b)(2), 6323(a)(2)(B), and 
8911(b)(2) are amended by striking ‘‘the date of the 
enactment of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011’’ and inserting 
‘‘January 7, 2011,’’. 
(6) Section 10217(d)(3) is amended by striking 
‘‘after the end of the 2-year period beginning on the 
date of the enactment of this subsection’’ and insert-
ing ‘‘after January 6, 2013’’. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00626
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
627 
HR 4310 RFS
(g) OTHER
MISCELLANEOUS
AMENDMENTS
TO 
TITLE 10.—Title 10, United States Code, is amended as 
follows: 
(1) Section 113(c)(2) is amended by striking 
‘‘on’’ after ‘‘Board on’’. 
(2) The table of sections at the beginning of 
chapter 4 is amended by striking the item relating 
to section 133b. 
(3) Paragraph (3) of section 138(c), as added 
by section 314(a) of the National Defense Author-
ization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1357), is transferred to appear at the 
end of section 138c(c). 
(4) Section 139a(d)(4) is amended by adding a 
period at the end. 
(5) Section 139b(a)(6) is amended by striking 
‘‘propriety’’ and inserting ‘‘proprietary’’. 
(6) The item relating to section 225 at the end 
of the table of sections at the beginning of chapter 
9 is transferred to appear after the item relating to 
section 224. 
(7) Section 843(b)(2)(B)(v) (article 43 of the 
Uniform Code of Military Justice) is amended by 
striking ‘‘Kidnaping,,’’ and inserting ‘‘Kidnaping,’’ 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00627
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
628 
HR 4310 RFS
(8) Section 920(g)(7) (article 120 of the Uni-
form Code of Military Justice) is amended by strik-
ing the second period at the end. 
(9) Section 1086(b)(1) is amended by striking 
‘‘clause (2)’’ and inserting ‘‘paragraph (2)’’. 
(10) Section 1142(b)(10) is amended by strik-
ing ‘‘training,,’’ and inserting ‘‘training,’’. 
(11) Section 1401(a) is amended by striking 
‘‘columns 1, 2, 3, and 4,’’ in the matter preceding 
the table and inserting ‘‘columns 1, 2, and 3,’’. 
(12) Section 1781(a) is amended— 
(A) in the first sentence, by striking ‘‘Di-
rector’’ and inserting ‘‘Office’’; 
(B) in the first sentence, by striking ‘‘here-
inafter’’; and 
(C) in the second sentence, by striking ‘‘of-
fice’’ both places it appears and inserting ‘‘Of-
fice’’. 
(13) Section 1790 is amended— 
(A) by striking the section heading and in-
serting the following: 
‘‘§ 1790. Military personnel citizenship processing’’; 
(B) by striking ‘‘AUTHORIZATION OF PAY-
MENTS.—’’; 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00628
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
629 
HR 4310 RFS
(C) by striking ‘‘title 10, United States 
Code’’ and inserting ‘‘this title’’; 
(D) by striking ‘‘Secs.’’; and 
(E) by striking ‘‘sections 286(m) and (n) 
of such Act (8 U.S.C. Sec. 1356(m))’’ and in-
serting ‘‘subsections m and (n) of section 286 
of such Act (8 U.S.C. 1356).’’. 
(14) Section 2006(b)(2) is amended by redesig-
nating the second subparagraph (E) (as added by 
section 109(b)(2)(B) of Public Law 111–377 (124 
Stat. 4120), effective August 1, 2011) as subpara-
graph (F). 
(15) Section 2350m(e) is amended by striking 
‘‘Not later than October 31, 2009, and annually 
thereafter’’ and inserting ‘‘Not later than October 
31 each year’’. 
(16) Section 2401 is amended by striking ‘‘the 
Committee on Armed Services and the Committee on 
Appropriations of the Senate and the Committee on 
Armed Services and the Committee on Appropria-
tions of the House of Representatives’’ in sub-
sections (b)(1)(B) and (h)(1) and inserting ‘‘the con-
gressional defense committees’’. 
(17) Section 2438(a)(3) is amended by insert-
ing ‘‘the senior’’ before ‘‘official’s’’. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00629
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
630 
HR 4310 RFS
(18) Section 2548 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Not later than’’ and 
all that follows through ‘‘the Secretary’’ 
and inserting ‘‘The Secretary’’; and 
(ii) by adding a period at the end of 
paragraph (3); 
(B) in subsection (d), by striking ‘‘Begin-
ning with fiscal year 2012, the’’ and inserting 
‘‘The’’; and 
(C) in subsection (e)(1), by striking ‘‘, 
United States Code,’’. 
(19) Section 2561(f)(2) is amended by striking 
‘‘Committee on International Relations’’ and insert-
ing ‘‘Committee on Foreign Affairs’’. 
(20) Section 2687a is amended— 
(A) in subsection (a), by striking ‘‘Foreign 
relations’’ and inserting ‘‘Foreign Relations’’; 
and 
(B) in subsection (b)(1)— 
(i) by striking the comma after ‘‘in-
cluding’’; and 
(ii) by striking ‘‘The Treaty’’ and in-
serting ‘‘the Treaty’’. 
(21) Section 4342 is amended— 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00630
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
631 
HR 4310 RFS
(A) in subsection (b)— 
(i) in paragraph (1), by striking 
‘‘clause’’ both places it appears and insert-
ing ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’; 
(B) in subsection (d), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’; and 
(C) in subsection (f), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’. 
(22) Section 4343 is amended by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(23) Section 6954 is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking 
‘‘clause’’ both places it appears and insert-
ing ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’; and 
(B) in subsection (d), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’. 
(24) Section 6956(b) is amended by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(25) Section 9342 is amended— 
(A) in subsection (b)— 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00631
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
632 
HR 4310 RFS
(i) in paragraph (1), by striking 
‘‘clause’’ both places it appears and insert-
ing ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’; 
(B) in subsection (d), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’; and 
(C) in subsection (f), by striking ‘‘clauses’’ 
and inserting ‘‘paragraphs’’. 
(26) Section 9343 is amended by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(27) Section 10217(c)(3) is amended by strik-
ing ‘‘consider’’ and inserting ‘‘considered’’. 
(h) REPEAL OF EXPIRED PROVISIONS.—Title 10, 
United States Code, is amended as follows: 
(1) Section 1108 is amended— 
(A) by striking subsections (j) and (k); and 
(B) by redesignating subsection (l) as sub-
section (j). 
(2) Section 2325 is amended by striking sub-
section (b) and redesignating subsection (c) as sub-
section (b). 
(3) Section 2349a is repealed, and the table of 
sections at the beginning of subchapter I of chapter 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00632
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
633 
HR 4310 RFS
138 is amended by striking the item relating to that 
section. 
(4) Section 2374b is repealed, and the table of 
sections at the beginning of chapter 139 is amended 
by striking the item relating to that section. 
(i) AMENDMENTS TO TITLE 37.—Title 37, United 
States Code, is amended as follows: 
(1) Section 310(c)(1) is amended by striking 
‘‘section for for’’ and inserting ‘‘section for’’. 
(2) Section 431, as transferred to chapter 9 of 
such title by section 631(d)(2) of the National De-
fense Authorization Act for Fiscal Year 2012 (Pub-
lic Law 112–81; 125 Stat. 1460), is redesignated as 
section 491. 
(j) AMENDMENTS TO TITLE 41.—Title 41, United 
States Code, is amended as follows: 
(1) Section 1122(a)(5) is amended by striking 
the period at the end and inserting a semicolon. 
(2) Section 1703(i)(6) is amended by striking 
‘‘Procurememt’’ and inserting ‘‘Procurement’’. 
(k) AMENDMENT TO TITLE 46.—Subsection (a) of 
section 51301 of title 46, United States Code, is amended 
in the heading by striking ‘‘IN GENERAL’’ and inserting 
‘‘IN GENERAL’’. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00633
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
634 
HR 4310 RFS
(l) DUPLICATIVE PROVISION IN ARMED FORCES RE-
TIREMENT HOME ACT OF 1991.—Section 1511(d) of the 
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 
411(d)) is amended by striking the first paragraph (3), 
leaving the second paragraph (3) added by section 561 
of Public Law 112–81 (125 Stat. 1420). 
(m) CROSS REFERENCES AND DATE OF ENACTMENT 
REFERENCES IN REINSTATEMENT OF TEMPORARY EARLY 
RETIREMENT AUTHORITY.—Section 4403 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102–484; 10 U.S.C. 1293 note), as amended by sec-
tion 504(b) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1391), 
is amended— 
(1) in subsection (c)(2)— 
(A) in subparagraph (A), by striking 
‘‘1995 (’’ and inserting ‘‘1995 (Public Law 
103–337;’’; and 
(B) in subparagraph (B), by striking 
‘‘1995’’ and inserting ‘‘1996’’; 
(2) in subsection (h), by striking ‘‘the date of 
the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2012’’ and inserting ‘‘De-
cember 31, 2011,’’; and 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00634
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
635 
HR 4310 RFS
(3) in subsection (i)(2), by striking ‘‘the date of 
the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2012’’ and inserting ‘‘De-
cember 31, 2011,’’. 
(n) COORDINATION
WITH
OTHER
AMENDMENTS 
MADE BY THIS ACT.—For purposes of applying amend-
ments made by provisions of this Act other than this sec-
tion, the amendments made by this section shall be treated 
as having been enacted immediately before any amend-
ment made by other provisions of this Act. 
SEC. 
1084. 
PROHIBITION 
ON 
USE 
OF 
INFORMATION 
AGAINST A UNITED STATES CITIZEN GATH-
ERED BY UNMANNED AERIAL VEHICLE WITH-
OUT A WARRANT. 
Notwithstanding any other provision of law, informa-
tion acquired by an unmanned aerial vehicle operated by 
the Department of Defense may not be admitted in a Fed-
eral court, State court, or court of a political subdivision 
of a State as evidence against a United States citizen un-
less such information was obtained by such unmanned aer-
ial vehicle pursuant to a court order. 
SEC. 1085. THE HOUSE OF REPRESENTATIVES HONORS. 
(a) FINDINGS.—The House of Representatives finds 
the following: 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00635
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
636 
HR 4310 RFS
(1) The spread of warfare across Europe and 
Asia led to the establishment on May 20, 1941, of 
the United States Office of Civilian Defense by Ex-
ecutive Order No. 8757 of President Franklin D. 
Roosevelt, to ‘‘assure effective coordination of Fed-
eral relations with State and local governments en-
gaged in defense activities, to provide for necessary 
cooperation with States and local governments in re-
spect to measures for adequate protection of the ci-
vilian population in emergency periods, to facilitate 
constructive civilian participation in the defense pro-
gram, and to sustain national morale’’. 
(2) The December 7, 1941, attack by the Em-
pire of Japan on Pearl Harbor, Hawaii, precipitated 
the entry of the United States into the worldwide 
conflict and signaled a new era of warfare that de-
manded new efforts to protect the people of the 
United States from airborne assault by an overseas 
enemy. 
(3) In response to this new threat, the United 
States Office of Civilian Defense mobilized millions 
of volunteers to participate in efforts to enhance the 
preparedness of the United States in case of attack, 
including fire protection, communication and logis-
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00636
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
637 
HR 4310 RFS
tics, construction of bomb shelters, and air raid 
blackout drills. 
(4) Thousands of Americans unable to serve in 
the United States Armed Forces volunteered their 
service as Air Raid Wardens in communities across 
the United States during World War II, contributing 
to America’s defense against potential enemy assault 
and the ultimate victory of the Allied nation. 
(5) A training manual distributed to Air Raid 
Wardens during World War II noted that ‘‘In the 
system of civilian defense, the Air Raid Warden oc-
cupies the key position. He is the field officer under 
whose supervision the efforts of the civilian popu-
lation are directed in the tremendous task of effec-
tive defense. Through the Air Raid Wardens, civilian 
activity is coordinated with that of the police and 
fire departments and other vital services.’’. 
(6) Training manuals distributed to Air Raid 
Wardens included ‘‘I am an Air Raid Warden’’, by 
Frank W. Atherton, Chief Air Raid Warden, 1st 
District, United States Citizens’ Defense Corps of 
Michigan, which read, in part that ‘‘I am an Air 
Raid Warden. My country, my state and my commu-
nity have given me many pleasant and fruitful years 
and now in time of trouble I feel that it is my duty 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00637
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
638 
HR 4310 RFS
to do my part in the work assigned to me in helping 
to reduce to a minimum any harm that may come 
from without or within.’’. 
(7) Tony Pastor and His Orchestra released a 
song in 1942, titled ‘‘Obey Your Air Raid Warden’’, 
which was widely distributed as a public service an-
nouncement and contained the following lyrics: 
‘‘One, be calm. Two, get under shelter. Three, don’t 
run. Obey your air-raid warden. Four, stay home. 
Five, keep off the highway. Six, don’t phone. Obey 
your air-raid warden. There are rules that you 
should know, What to do and where to go, When 
you hear the sirens blow, Stop, look, and listen. 
Seven, don’t smoke. Eight, help all the kiddies. Most 
of all, obey your air-raid warden. Stop, look, and lis-
ten. Dim the lights, Wait for information, Most of 
all, obey your air-raid warden. Stop the panic, Don’t 
get in a huff, Our aim today is to call their bluff. 
Follow these rules and that is enough. Obey your 
air-raid warden.’’. 
(b) THE HOUSE OF REPRESENTATIVES HONORS.— 
The House of Representatives encourages surviving Air 
Raid Wardens and other volunteers of the United States 
Office of Civilian Defense during the World War II to 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00638
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
639 
HR 4310 RFS
record and permanently preserve stories of their service 
for future generations. 
SEC. 1086. COST OF WARS. 
The Secretary of Defense, in consultation with the 
Commissioner of the Internal Revenue Service and the Di-
rector of the Bureau of Economic Analysis, shall post on 
the public Web site of the Department of Defense the 
costs, including the relevant legacy costs, to each Amer-
ican taxpayer of each of the wars in Afghanistan and Iraq. 
SEC. 1087. INCREASE IN AUTHORIZED NUMBER OF WEAP-
ONS OF MASS DESTRUCTION CIVIL SUPPORT 
TEAMS. 
(a) IN GENERAL.—Section 1403(a) of the Bob 
Stump National Defense Authorization Act for Fiscal 
Year 2003 (Public Law 107–314; 116 Stat. 2676; 10 
U.S.C. 12310 note) is amended— 
(1) in paragraph (1), by striking ‘‘23’’ and in-
serting ‘‘a minimum of 25’’; and 
(2) by striking ‘‘55 teams’’ each place it ap-
pears and inserting ‘‘57 teams’’. 
(b) FUNDING.— 
(1) INCREASE.—Notwithstanding the amounts 
set forth in the funding tables in division D, the 
amount authorized to be appropriated in section 301 
for operation and maintenance, Army, as specified in 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00639
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
640 
HR 4310 RFS
the corresponding funding table in section 4301, for 
Line 070, Force Readiness Operations Support is 
hereby increased by $5,000,000. 
(2) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 201 for re-
search, development, test, and evaluation, Defense- 
wide, as specified in the corresponding funding table 
in division D, is hereby reduced by $5,000,000, to 
be derived from Line 036, Program Element 
0603384BP, Chemical and Biological Defense Pro-
gram. 
SEC. 1088. TRIAL OF FOREIGN TERRORISTS. 
After the date of the enactment of this Act, any for-
eign national, who— 
(1) engages or has engaged in conduct consti-
tuting an offense relating to a terrorist attack 
against persons or property in the United States or 
against any United States Government property or 
personnel outside the United States, and 
(2) is subject to trial for that offense by a mili-
tary commission under chapter 47A of title 10, 
United States Code, 
shall be tried for that offense only by a military commis-
sion under that chapter. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00640
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
641 
HR 4310 RFS
SEC. 1089. RIALTO-COLTON BASIN, CALIFORNIA, WATER RE-
SOURCES STUDY. 
(a) IN GENERAL.—Not later than 2 years after funds 
are made available to carry out this Act, the Secretary 
of the Interior, acting through the Director of the United 
States Geological Survey, shall complete a study of water 
resources in the Rialto-Colton Basin in the State of Cali-
fornia (in this section referred to as the ‘‘Basin’’), includ-
ing— 
(1) a survey of ground water resources in the 
Basin, including an analysis of— 
(A) the delineation, either horizontally or 
vertically, of the aquifers in the Basin, includ-
ing the quantity of water in the aquifers; 
(B) the availability of ground water re-
sources for human use; 
(C) the salinity of ground water resources; 
(D) the identification of a recent surge in 
perchlorate concentrations in ground water, 
whether significant sources are being flushed 
through the vadose zone, or if perchlorate is 
being remobilized; 
(E) the identification of impacts and 
extents of all source areas that contribute to 
the regional plume to be fully characterized; 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00641
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
642 
HR 4310 RFS
(F) the potential of the ground water re-
sources to recharge; 
(G) the interaction between ground water 
and surface water; 
(H) the susceptibility of the aquifers to 
contamination, including identifying the extent 
of commingling of plume emanating within sur-
rounding areas in San Bernardino County, 
California; and 
(I) any other relevant criteria; and 
(2) a characterization of surface and bedrock 
geology of the Basin, including the effect of the geol-
ogy on ground water yield and quality. 
(b) COORDINATION.—The Secretary shall carry out 
the study in coordination with the State of California and 
any other entities that the Secretary determines to be ap-
propriate, including other Federal agencies and institu-
tions of higher education. 
(c) REPORT.—Upon completion of the study, the Sec-
retary shall submit to the Committee on Energy and Nat-
ural Resources of the Senate and the Committee on Nat-
ural Resources of the House of Representatives a report 
that describes the results of the study. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00642
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
643 
HR 4310 RFS
SEC. 1090. REPORT ON DESIGNATION OF BOKO HARAM AS 
A FOREIGN TERRORIST ORGANIZATION. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this section, the Sec-
retary of State shall submit to the appropriate con-
gressional committees— 
(A) a detailed report on whether the Nige-
rian organization named ‘‘People Committed to 
the Propagation of the Prophet’s Teachings and 
Jihad’’ (commonly known as ‘‘Boko Haram’’), 
meets the criteria for designation as a foreign 
terrorist organization under section 219 of the 
Immigration and Nationality Act (8 U.S.C. 
1189); and 
(B) if the Secretary of State determines 
that Boko Haram does not meet such criteria, 
a detailed justification as to which criteria have 
not been met. 
(2) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex if appropriate. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means— 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00643
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
644 
HR 4310 RFS
(A) the Committee on Homeland Security, 
the Committee on Armed Services, the Com-
mittee on Foreign Affairs, and the Permanent 
Select Committee on Intelligence of the House 
of Representatives; and 
(B) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
Armed Services, the Committee on Foreign Re-
lations, and the Select Committee on Intel-
ligence of the Senate. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to infringe upon the sovereignty 
of Nigeria to combat militant or terrorist groups operating 
inside the boundaries of Nigeria. 
SEC. 1091. SENSE OF CONGRESS ON RECOGNIZING AIR MO-
BILITY COMMAND ON ITS 20TH ANNIVER-
SARY. 
(a) FINDINGS.—Congress finds the following: 
(1) On June 1, 1992, Air Mobility Command 
was established as the Air Force’s functional com-
mand for cargo and passenger delivery, air refueling, 
and aeromedical evacuation. 
(2) As the lead Major Command for all Mobility 
Air Forces, Air Mobility Command ensures that the 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00644
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
645 
HR 4310 RFS
Air Force’s core functions of global vigilance, power, 
and reach are fulfilled. 
(3) The ability of the United States to rapidly 
respond to humanitarian disasters and the outbreak 
of hostilities anywhere in the world truly defines the 
United States as a global power. 
(4) Mobility Air Forces Airmen are unified by 
one single purpose: to answer the call of others so 
they may prevail. 
(5) The United States’ hand of friendship to 
the world many times takes the form of Mobility Air 
Forces aircraft delivering humanitarian relief. Since 
its inception, Air Mobility Command has provided 
forces for 43 humanitarian relief efforts at home 
and abroad, from New Orleans, Louisiana, to Bam, 
Iran. 
(6) A Mobility Air Forces aircraft departs every 
2 minutes, 365 days a year. Since September 11, 
2001, Mobility Air Forces aircraft have flown 18.9 
million passengers, 6.8 million tons of cargo, and 
offloaded 2.2 billion pounds of fuel. Many of these 
flights have assisted combat aircraft protection 
United States forces from overhead. 
(7) The United States keeps its solemn promise 
to its men and women in uniform with Air Mobility 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00645
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
646 
HR 4310 RFS
Command, accomplishing 186,940 patient move-
ments since the beginning of Operation Iraqi Free-
dom. 
(8) Mobility Air Forces Airmen reflect the best 
values of the Nation: delivering hope, saving lives, 
and fueling the fight. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, on the occasion of the 20th anniversary of the 
establishment of Air Mobility Command, the people of the 
United States should— 
(1) recognize the critical role that Mobility Air 
Forces play in the Nation’s defense; and 
(2) express appreciation for the leadership of 
Air Mobility Command and the more than 134,000 
active-duty, Air National Guard, Air Force Reserve, 
and Department of Defense civilians that make up 
the command. 
SEC. 1092. CONSOLIDATION OF DATA CENTERS. 
Section 2867 of the National Defense Authorization 
Act for Fiscal Year 2012 (10 U.S.C. 2223a note) is 
amended— 
(1) in subsection (b)(2)— 
(A) in subparagraph (A), by inserting after 
‘‘April 1, 2012,’’ the following: ‘‘and each year 
thereafter,’’; and 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00646
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
647 
HR 4310 RFS
(B) by adding at the end the following new 
paragraph: 
‘‘(C) ADDITIONAL
ELEMENT.—The per-
formance plan required under this paragraph, 
with respect to plans submitted after the date 
of the enactment of the National Defense Au-
thorization Act for Fiscal Year 2013, shall be 
consistent with the July 2011 Government Ac-
countability Office report to Congress, entitled 
‘Data Center Consolidation Agencies Need to 
Complete Inventories and Plans to Achieve Ex-
pected Savings’ (GAO–11–565), as updated by 
quarterly consolidation progress reports sub-
mitted by the Department of Defense to the Of-
fice of Management and Budget’’; and 
(2) in subsection (d)(1), by adding at the end 
the following: ‘‘Beginning after the date of the en-
actment of the National Defense Authorization Act 
for Fiscal Year 2013, such report shall include 
progress updates on consolidation goals achieved 
during the preceding fiscal year consistent with the 
framework outlined by the July 2011 Government 
Accountability Office report to Congress, entitled 
‘Data Center Consolidation Agencies Need to Com-
plete Inventories and Plans to Achieve Expected 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00647
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
648 
HR 4310 RFS
Savings’ (GAO–11–565), as updated by quarterly 
consolidation progress reports submitted by the De-
partment of Defense to the Office of Management 
and Budget.’’. 
SEC. 1093. SENSE OF CONGRESS REGARDING PRESERVA-
TION OF SECOND AMENDMENT RIGHTS OF 
ACTIVE DUTY MILITARY PERSONNEL STA-
TIONED OR RESIDING IN THE DISTRICT OF 
COLUMBIA. 
(a) FINDINGS.—Congress finds the following: 
(1) The Second Amendment to the United 
States Constitution provides that the right of the 
people to keep and bear arms shall not be infringed. 
(2) Approximately 40,000 servicemen and 
women across all branches of the Armed Forces ei-
ther live in or are stationed on active duty within the 
Washington, DC metropolitan area. Unless these in-
dividuals are granted a waiver as serving in a law 
enforcement role, they are subject to the District of 
Columbia’s onerous and highly restrictive laws on 
the possession of firearms. 
(3) Military personnel, despite being extensively 
trained in the proper and safe use of firearms, are 
therefore deprived by the laws of the District of Co-
lumbia of handguns, rifles, and shotguns that are 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00648
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
649 
HR 4310 RFS
commonly kept by law-abiding persons throughout 
the United States for sporting use and for lawful de-
fense of their persons, homes, businesses, and fami-
lies. 
(4) The District of Columbia has one of the 
highest per capita murder rates in the Nation, which 
may be attributed in part to previous local laws pro-
hibiting possession of firearms by law-abiding per-
sons who would have otherwise been able to defend 
themselves and their loved ones in their own homes 
and businesses. 
(5) The Gun Control Act of 1968, as amended 
by the Firearms Owners’ Protection Act, and the 
Brady Handgun Violence Prevention Act, provide 
comprehensive Federal regulations applicable in the 
District of Columbia as elsewhere. In addition, exist-
ing District of Columbia criminal laws punish pos-
session and illegal use of firearms by violent crimi-
nals and felons. Consequently, there is no need for 
local laws that only affect and disarm law-abiding 
citizens. 
(6) On June 26, 2008, the Supreme Court of 
the United States in the case of District of Columbia 
v. Heller held that the Second Amendment protects 
an individual’s right to possess a firearm for tradi-
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00649
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
650 
HR 4310 RFS
tionally lawful purposes, and thus ruled that the 
District of Columbia’s handgun ban and require-
ments that rifles and shotguns in the home be kept 
unloaded and disassembled or outfitted with a trig-
ger lock to be unconstitutional. 
(7) On July 16, 2008, the District of Columbia 
enacted the Firearms Control Emergency Amend-
ment Act of 2008 (D.C. Act 17–422; 55 DCR 
8237), which places onerous restrictions on the abil-
ity of law-abiding citizens from possessing firearms, 
thus violating the spirit by which the Supreme Court 
of the United States ruled in District of Columbia 
v. Heller. 
(8) On February 26, 2009, the United States 
Senate adopted an amendment on a bipartisan vote 
of 62-36 by Senator John Ensign to S. 160, the 
District of Columbia House Voting Rights Act of 
2009, which would fully restore Second Amendment 
rights to the citizens of the District of Columbia. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that active duty military personnel who are stationed 
or residing in the District of Columbia should be permitted 
to exercise fully their rights under the Second Amendment 
to the Constitution of the United States and therefore 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00650
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
651 
HR 4310 RFS
should be exempt from the District of Columbia’s restric-
tions on the possession of firearms. 
SEC. 1094. CONDITIONAL REPLACEMENT FOR FY 2013 SE-
QUESTER. 
(a) CONTINGENT EFFECTIVE DATE.—This section 
and the amendments made by it shall take effect upon 
the enactment of— 
(1) the Act contemplated in section 201 of H. 
Con. Res. 112 (112th Congress) that achieves at 
least the deficit reduction called for in such section 
for such periods; or 
(2) similar legislation that at least offsets the 
outlay reductions flowing from the budget authority 
reductions mandated by section 251A(7)(A) and 
251A(8) as it applies to direct spending in the de-
fense function for fiscal year 2013 of the Balanced 
Budget and Emergency Deficit Control Act of 1985, 
as in force immediately before the date of enactment 
of this Act, combined with the outlay reductions 
flowing 
from 
the 
amendment 
to 
section 
251A(7)(A)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 made by sub-
section (c), within five years of enactment. 
(b) REVISED
2013 DISCRETIONARY
SPENDING 
LIMIT.—Paragraph (2) of section 251(c) of the Balanced 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00651
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
652 
HR 4310 RFS
Budget and Emergency Deficit Control Act of 1985 is 
amended to read as follows: 
‘‘(2) with respect to fiscal year 2013, for the 
discretionary category, $1,047,000,000,000 in new 
budget authority;’’. 
(c) DISCRETIONARY SAVINGS.—Section 251A(7)(A) 
of the Balanced Budget and Emergency Deficit Control 
Act of 1985 is amended to read as follows: 
‘‘(A) FISCAL YEAR 2013.— 
‘‘(i) FISCAL
YEAR
2013
ADJUST-
MENT.—On January 2, 2013, the discre-
tionary category set forth in section 
251(c)(2) 
shall 
be 
decreased 
by 
$19,104,000,000 in budget authority. 
‘‘(ii) SUPPLEMENTAL SEQUESTRATION 
ORDER.—On January 15, 2013, OMB 
shall issue a supplemental sequestration 
report for fiscal year 2013 and take the 
form of a final sequestration report as set 
forth in section 254(f)(2) and using the 
procedures set forth in section 253(f), to 
eliminate 
any 
discretionary 
spending 
breach of the spending limit set forth in 
section 251(c)(2) as adjusted by clause (i), 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00652
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS
675 
HR 4310 RFS
ment and Budget shall issue directives and 
establish standards relating to the imple-
mentation of this subtitle. 
(ii) USE
BY
COVERED
AGENCIES.— 
The head of each covered agency shall 
carry out the responsibilities under this 
subtitle in accordance with the directives 
issued and standards established by the 
Director of the Office of Management and 
Budget. 
(5) SUPPORT AND IMPLEMENTATION.— 
(A) BOARD.—There is established to assist 
the Committee a board, the members of which 
shall be appointed— 
(i) in accordance with subparagraph 
(B); and 
(ii) from among individuals holding an 
office or position in level III of the Execu-
tive Schedule. 
(B) APPOINTMENTS.—Members of the 
board shall be appointed as follows: 
(i) One by the Secretary of State. 
(ii) One by the Secretary of Defense. 
(iii) One by the Secretary of Home-
land Security. 
VerDate Mar 15 2010 
01:00 Jun 20, 2012
Jkt 019200
PO 00000
Frm 00675
Fmt 6652
Sfmt 6201
E:\BILLS\H4310.RFS
H4310
smartinez on DSK6TPTVN1PROD with BILLS