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Corps. Any such reference to an office specified in 
subsection (a)(2) shall be considered to be a ref-
erence to that office as redesignated by that section. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the first 
day of the first month beginning more than 60 days after 
the date of the enactment of this Act. 
Subtitle B—Space Activities 
SEC. 911. ANNUAL ASSESSMENT OF THE SYNCHRONI-
ZATION OF SEGMENTS IN SPACE PROGRAMS 
THAT ARE MAJOR DEFENSE ACQUISITION 
PROGRAMS. 
(a) ANNUAL ASSESSMENT.—Not later than 180 days 
after the date of the enactment of this Act, and annually 
thereafter for five years, the Under Secretary of Defense 
for Acquisition, Technology, and Logistics shall annually 
submit to the congressional defense committees an assess-
ment of the synchronization of the operability of the pro-
gram segments of each space program that is a major de-
fense acquisition program. 
(b) CONTENTS.—Each assessment required under 
subsection (a) shall include— 
(1) a description of the intended primary capa-
bilities of each space program that is a major de-
fense acquisition program and the level of operability 
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of each program segment of such space program at 
the time of such assessment; 
(2) a schedule for the deployment of such in-
tended primary capabilities of such space program in 
each such program segment and in such space pro-
gram as a whole; 
(3) for each such space program for which a 
primary capability of such program will be operable 
by one program segment at least one year after the 
date on which such capability is operable by another 
program segment— 
(A) an explanation of the reasons that 
such primary capability will be operable by one 
program segment at least one year after the 
date such capability is operable by another pro-
gram segment; and 
(B) an identification of the steps the De-
partment is taking to improve the alignment of 
when the program segments become operable 
and the related challenges, costs, and risks; and 
(4) a description of the impact on the mission 
of such space program caused by such primary capa-
bility being operable by one program segment at 
least one year after the date such capability is oper-
able by another program segment. 
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(c) DEFINITIONS.—In this section: 
(1) MAJOR
DEFENSE
ACQUISITION
PROGRAM 
DEFINED.—The term ‘‘major defense acquisition 
program’’ has the meaning given the term in section 
2430 of title 10, United States Code. 
(2) PROGRAM SEGMENT.—The term ‘‘program 
segment’’ means, with respect to a space program 
that is a major defense acquisition program, the fol-
lowing segments: 
(A) The portion of such program that is 
satellite-based. 
(B) The portion of such program that is 
ground-based. 
(C) The portion of such program that is 
operated by the end-user. 
SEC. 912. REPORT ON OVERHEAD PERSISTENT INFRARED 
TECHNOLOGY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) there are significant investments in over-
head persistent infrared technology that span mul-
tiple agencies and support a variety of missions, in-
cluding missile warning, missile defense, battle space 
awareness, and technical intelligence; and 
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(2) further efforts should be made to fully ex-
ploit overhead persistent infrared sensor data. 
(b) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in consultation with the Director of National Intelligence, 
shall submit to the congressional defense committees, the 
Permanent Select Committee on Intelligence of the House 
of Representatives, and the Select Committee on Intel-
ligence of the Senate a report on overhead persistent infra-
red technology that includes— 
(1) an assessment of whether there are further 
opportunities for the Department of Defense and the 
intelligence community (as defined in section 3(4) of 
the National Security Act of 1947 (50 U.S.C. 
401a(4))) to capitalize on increased data sharing, 
fusion, interoperability, and exploitation; and 
(2) recommendations on how to better coordi-
nate the efforts by the Department and the intel-
ligence community to exploit overhead persistent in-
frared sensor data. 
(c) COMPTROLLER
GENERAL
ASSESSMENT.—Not 
later than 90 days after the date on which the Secretary 
of Defense submits the report required under subsection 
(b), the Comptroller General of the United States shall 
submit to the congressional defense committees an assess-
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ment of the report required under subsection (b), includ-
ing— 
(1) an assessment of whether such report is 
comprehensive, fully supported, and sufficiently de-
tailed; and 
(2) an identification of any shortcomings, limi-
tations, or other reportable matters that affect the 
quality or findings of the report required under sub-
section (b). 
SEC. 913. PROHIBITION ON USE OF FUNDS TO IMPLEMENT 
INTERNATIONAL AGREEMENT ON SPACE AC-
TIVITIES THAT HAS NOT BEEN RATIFIED BY 
THE SENATE OR AUTHORIZED BY STATUTE. 
(a) PROHIBITION.—None of the funds authorized to 
be appropriated by this Act or any other Act may be used 
by the Secretary of Defense or the Director of National 
Intelligence to limit the activities of the Department of 
Defense or the intelligence community (as defined in sec-
tion 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4))) in outer space to implement or comply with an 
international agreement concerning outer space activities 
unless such agreement is ratified by the Senate or author-
ized by statute. 
(b) REPORT ON INTERNATIONAL AGREEMENT NEGO-
TIATIONS.— 
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(1) REPORT
REQUIRED.—Not later than 90 
days after the date of the enactment of this Act, and 
every 90 days thereafter, the Secretary of State and 
the Secretary of Defense shall submit to the appro-
priate congressional committees a report on the 
progress of negotiations on an international agree-
ment concerning outer space activities. Such report 
shall include a description of which foreign countries 
have agreed to sign such an international agreement 
and any implications that the draft of the agreement 
being negotiated may have on both classified and un-
classified military and intelligence activities of the 
United States in outer space. 
(2) FORM.— 
(A) UNCLASSIFIED.—Except as provided 
in subparagraph (B), each report required 
under paragraph (1) shall be submitted in un-
classified form. 
(B) CLASSIFIED
ANNEX.—The Secretary 
of Defense may submit to the Committee on 
Armed Services and the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives and the Committee on Armed Serv-
ices and the Select Committee on Intelligence of 
the Senate a classified annex to a report re-
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quired under paragraph (1) containing any clas-
sified information required to be submitted for 
such report. 
(3) TERMINATION DATE.—The requirement to 
submit a report under paragraph (1) shall cease to 
apply on the date on which the President submits to 
the appropriate congressional committees a certifi-
cation that the United States is no longer involved 
in negotiations on an international agreement con-
cerning outer space activities. 
(4) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the Committee on Armed Services, the 
Permanent Select Committee on Intelligence, 
the Committee on Foreign Affairs, and the 
Committee on Science, Space, and Technology 
of the House of Representatives; and 
(B) the Committee on Armed Services, the 
Select Committee on Intelligence, the Com-
mittee on Foreign Relations, and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate. 
(c) REPORT
ON FOREIGN COUNTER-SPACE PRO-
GRAMS.— 
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(1) REPORT REQUIRED.—Chapter 135 of title 
10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 2275. Report on foreign counter-space programs 
‘‘(a) REPORT REQUIRED.—Not later than January 1 
of each year, the Secretary of Defense shall submit to Con-
gress a report on the counter-space programs of foreign 
countries. 
‘‘(b) CONTENTS.—Each report required under sub-
section (a) shall include— 
‘‘(1) an explanation of whether any foreign 
country has a counter-space program that could be 
a threat to the national security or commercial space 
systems of the United States; and 
‘‘(2) the name of each country with a counter- 
space program described in paragraph (1). 
‘‘(c) FORM.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), each report required under sub-
section (a) shall be submitted in unclassified form. 
‘‘(2) CLASSIFIED
ANNEX.—The Secretary of 
Defense may submit to the covered congressional 
committees a classified annex to a report required 
under subsection (a) containing any classified infor-
mation required to be submitted for such report. 
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‘‘(3) FOREIGN COUNTRY NAMES.— 
‘‘(A) UNCLASSIFIED
FORM.—Subject to 
subparagraph (B), each report required under 
subsection (a) shall include the information re-
quired under subsection (b)(2) in unclassified 
form. 
‘‘(B) NATIONAL SECURITY WAIVER.—The 
Secretary of Defense may waive the require-
ment under subparagraph (A) if the Secretary 
determines it is in the interests of national se-
curity to waive such requirement and submits 
to Congress an explanation of why the Sec-
retary waived such requirement. 
‘‘(d) PROHIBITION ON USE OF FUNDS FOR NON- 
COMPLIANCE.—If in any fiscal year the Secretary of De-
fense does not submit a report required under subsection 
(a) on or before the date on which such report is required 
to be submitted, none of the funds authorized to be appro-
priated by any Act for such fiscal year for activities of 
the Department of Defense may be used for travel related 
to the negotiation of an international agreement con-
cerning outer space activities until such report is sub-
mitted. 
‘‘(e) COVERED CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘covered congressional 
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committees’ means the Committee on Armed Services and 
the Permanent Select Committee on Intelligence of the 
House of Representatives and the Committee on Armed 
Services and the Select Committee on Intelligence of the 
Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 135 of title 10, 
United States Code, is amended by adding at the 
end the following new item: 
‘‘2275. Report on foreign counter-space programs.’’. 
SEC. 914. ASSESSMENT OF FOREIGN COMPONENTS AND 
THE SPACE LAUNCH CAPABILITY OF THE 
UNITED STATES. 
(a) ASSESSMENT.—The Secretary of the Air Force 
shall enter into an agreement with a federally funded re-
search and development center to conduct an independent 
assessment of the national security implications of con-
tinuing to use foreign component and propulsion systems 
for the launch vehicles under the evolved expendable 
launch vehicle program. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the federally funded research 
and development center shall submit to the congressional 
defense committees a report on the assessment conducted 
under subsection (a). 
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SEC. 915. REPORT ON COUNTER SPACE TECHNOLOGY. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, and annually thereafter for 
two years, the Secretary of Defense shall submit to the 
congressional defense committees, the Committee on For-
eign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate a report 
based on all available information describing key space 
technologies that could be used, or are being sought, by 
a foreign country with a counter space or ballistic missile 
program, and should be subject to export controls by the 
United States or an ally of the United States, as appro-
priate. 
(b) FORM.—Each report required under subsection 
(a) shall be submitted in unclassified form, but may in-
clude a classified annex. 
SEC. 916. COMMERCIAL SPACE LAUNCH COOPERATION. 
(a) IN GENERAL.—Chapter 135 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2276. Commercial space launch cooperation 
‘‘(a) AUTHORITY.—The Secretary of Defense may 
take such actions as the Secretary considers to be in the 
best interest of the Federal Government to— 
‘‘(1) maximize the use of the capacity of the 
space transportation infrastructure of the Depart-
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ment of Defense by the private sector in the United 
States; 
‘‘(2) maximize the effectiveness and efficiency 
of the space transportation infrastructure of the De-
partment of Defense; 
‘‘(3) reduce the cost of services provided by the 
Department of Defense related to space transpor-
tation infrastructure at launch support facilities and 
space recovery support facilities; 
‘‘(4) encourage commercial space activities by 
enabling investment by covered entities in the space 
transportation infrastructure of the Department of 
Defense; and 
‘‘(5) foster cooperation between the Department 
of Defense and covered entities. 
‘‘(b) AUTHORITY
FOR
CONTRACTS
AND
OTHER 
AGREEMENTS RELATING TO SPACE TRANSPORTATION IN-
FRASTRUCTURE.—The Secretary of Defense— 
‘‘(1) may enter into an agreement with a cov-
ered entity to provide the covered entity with sup-
port and services related to the space transportation 
infrastructure of the Department of Defense; and 
‘‘(2) upon the request of such covered entity, 
may include such support and services in the space 
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‘‘(2) USE
OF
CONTRIBUTIONS.—Any funds, 
services, or equipment accepted by the Secretary 
under this subsection— 
‘‘(A) may be used only for the objectives 
specified in this section in accordance with 
terms of use set forth in the agreement entered 
into under this subsection; and 
‘‘(B) shall be managed by the Secretary in 
accordance with regulations of the Department 
of Defense. 
‘‘(3) 
REQUIREMENTS
WITH
RESPECT
TO 
AGREEMENTS.—An agreement entered into with a 
covered entity under this subsection— 
‘‘(A) shall address the terms of use, owner-
ship, and disposition of the funds, services, or 
equipment contributed pursuant to the agree-
ment; and 
‘‘(B) shall include a provision that the cov-
ered entity will not recover the costs of its con-
tribution through any other agreement with the 
United States. 
‘‘(d) DEFENSE COOPERATION SPACE LAUNCH AC-
COUNT.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a special account 
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to be known as the ‘Defense Cooperation Space 
Launch Account’. 
‘‘(2) CREDITING
OF
FUNDS.—Funds received 
by the Secretary of Defense under subsection (c) 
shall be credited to the Defense Cooperation Space 
Launch Account. 
‘‘(3) USE OF FUNDS.—Funds deposited in the 
Defense Cooperation Space Launch Account under 
paragraph (2) are authorized to be appropriated and 
shall be available for obligation only to the extent 
provided in advance in an appropriation Act for 
costs incurred by the Department of Defense in car-
rying out subsection (b). Funds in the Account shall 
remain available until expended. 
‘‘(e) ANNUAL REPORT.—Not later than January 31 
of each year, the Secretary of Defense shall submit to the 
congressional defense committees a report on the funds, 
services, and equipment accepted and used by the Sec-
retary under this section during the preceding fiscal year. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out this section. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) COVERED ENTITY.—The term ‘covered en-
tity’ means a non-Federal entity that— 
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‘‘(A) is organized under the laws of the 
United States or of any jurisdiction within the 
United States; and 
‘‘(B) is engaged in commercial space ac-
tivities. 
‘‘(2) LAUNCH SUPPORT FACILITIES.—The term 
‘launch support facilities’ has the meaning given the 
term in section 50501(7) of title 51. 
‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— 
The term ‘space recovery support facilities’ has the 
meaning given the term in section 50501(11) of title 
51. 
‘‘(4) SPACE
TRANSPORTATION
INFRASTRUC-
TURE.—The term ‘space transportation infrastruc-
ture’ has the meaning given that term in section 
50501(12) of title 51.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2276. Commercial space launch cooperation.’’. 
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Subtitle C—Intelligence-Related 
Activities 
SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTEL-
LIGENCE SUPPORT TO CERTAIN SECURITY 
ALLIANCES AND REGIONAL ORGANIZATIONS. 
(a) AUTHORIZATION.—Section 443(a) of title 10, 
United States Code, is amended— 
(1) by striking ‘‘The Director’’ and inserting 
‘‘(1) Subject to paragraph (2), the Director’’; 
(2) by striking ‘‘foreign countries’’ and insert-
ing ‘‘foreign countries, regional organizations with 
defense or security components, and security alli-
ances of which the United States is a member’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) In each case in which the Director of the Na-
tional Geospatial-Intelligence Agency provides imagery in-
telligence or geospatial information support to a regional 
organization or security alliance under paragraph (1), the 
Director shall— 
‘‘(A) ensure that such intelligence and such 
support are not provided by such regional organiza-
tion or such security alliance to any other person or 
entity; 
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‘‘(B) notify the congressional defense commit-
tees, the Permanent Select Committee on Intel-
ligence of the House of Representatives, and the Se-
lect Committee on Intelligence of the Senate, that 
the Director has provided such intelligence or such 
support; and 
‘‘(C) coordinate the provision of such intel-
ligence and such support with the commander of the 
appropriate combatant command.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
443 of title 10, United States Code, is amended by 
striking ‘‘foreign countries’’ and inserting 
‘‘foreign 
countries, 
regional 
organiza-
tions, and security alliances’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 22 of title 10, United 
States Code, is amended by striking the item relat-
ing to section 443 and inserting the following new 
item: 
‘‘443. Imagery intelligence and geospatial information: support for foreign coun-
tries, regional organizations, and security alliances.’’. 
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SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE 
IN NAME OF NATIONAL DEFENSE INTEL-
LIGENCE COLLEGE TO NATIONAL INTEL-
LIGENCE UNIVERSITY. 
(a) CONFORMING AMENDMENTS TO REFLECT NAME 
CHANGE.—Section 2161 of title 10, United States Code, 
is amended by striking ‘‘National Defense Intelligence 
College’’ each place it appears and inserting ‘‘National In-
telligence University’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 2161. Degree granting authority for National Intel-
ligence University’’. 
(2) TABLE OF SECTIONS.—The item related to 
such section in the table of sections at the beginning 
of chapter 108 of such title is amended to read as 
follows: 
‘‘2161. Degree granting authority for National Intelligence University.’’. 
Subtitle D—Total Force 
Management 
SEC. 931. LIMITATION ON CERTAIN FUNDING UNTIL CER-
TIFICATION 
THAT 
INVENTORY 
OF 
CON-
TRACTS FOR SERVICES HAS BEGUN. 
(a) LIMITATION
ON FUNDING
FOR CERTAIN OF-
FICES.—Of the funds authorized to be appropriated for 
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fiscal year 2013 as specified in the funding table in section 
4301, not more than 80 percent of the funds authorized 
for the Office of the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics; the Office of the As-
sistant Secretary of the Navy for Research, Development, 
and Acquisition; and the Office of the Assistant Secretary 
of the Air Force for Acquisition may be obligated or ex-
pended until the certification described in subsection (c) 
is submitted. 
(b) LIMITATION
ON FUNDING
FOR OTHER CON-
TRACTS.—Of the funds authorized for other contracts or 
other services to be appropriated for fiscal year 2013 as 
specified in the funding table in section 4301, not more 
than 80 percent of the funds authorized for the Office of 
the Secretary of Defense, the Department of the Navy, 
and the Department of the Air Force may be obligated 
or expended until the certification described in subsection 
(c) is submitted. 
(c) CERTIFICATION.—The certification described in 
this subsection is a certification in writing submitted to 
the congressional defense committees and made by the 
Secretary of Defense that the collection of data for pur-
poses of meeting the requirements of section 2330a of title 
10, United States Code, has begun. 
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(d) DEFINITION.—In this section, the term ‘‘other 
contracts or other services’’ means funding described in 
line 0989 within Exhibit OP–32 of the justification mate-
rials accompanying the President’s budget request for fis-
cal year 2013. 
SEC. 932. REQUIREMENT TO ENSURE SUFFICIENT LEVELS 
OF GOVERNMENT MANAGEMENT, CONTROL, 
AND OVERSIGHT OF FUNCTIONS CLOSELY AS-
SOCIATED 
WITH 
INHERENTLY 
GOVERN-
MENTAL FUNCTIONS. 
Section 129a of title 10, United States Code, is 
amended— 
(1) in subparagraph (B) of subsection (f)(3), by 
inserting after ‘‘Government’’ the following: ‘‘man-
agement, control, and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) REQUIREMENT FOR MANAGEMENT, CONTROL, 
AND OVERSIGHT
OR APPROPRIATE CORRECTIVE AC-
TIONS.—For purposes of subsection (f)(3)(B), if insuffi-
cient levels of Government management, control, and over-
sight are found, the Secretary of the military department 
or head of the Defense agency responsible shall provide 
such management, control, and oversight or take appro-
priate corrective actions, including potential conversion to 
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Government performance, consistent with this section and 
sections 129 and 2463 of this title.’’. 
SEC. 933. SPECIAL MANAGEMENT ATTENTION REQUIRED 
FOR CERTAIN FUNCTIONS IDENTIFIED IN IN-
VENTORY OF CONTRACTS FOR SERVICES. 
Subparagraph (C) of section 2330a(e)(2) of title 10, 
United States Code, is amended to read as follows: 
‘‘(C) special management attention is 
being given to functions identified in the inven-
tory as being closely associated with inherently 
governmental functions; and’’. 
Subtitle E—Cyberspace-Related 
Matters 
SEC. 941. MILITARY ACTIVITIES IN CYBERSPACE. 
Section 954 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1551) is amended to read as follows: 
‘‘SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE. 
‘‘(a) AFFIRMATION.—Congress affirms that the Sec-
retary of Defense is authorized to conduct military activi-
ties in cyberspace. 
‘‘(b) AUTHORITY DESCRIBED.—The authority re-
ferred to in subsection (a) includes the authority to carry 
out a clandestine operation in cyberspace— 
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‘‘(1) in support of a military operation pursuant 
to the Authorization for Use of Military Force (50 
U.S.C. 1541 note; Public Law 107–40) against a 
target located outside of the United States; or 
‘‘(2) to defend against a cyber attack against 
an asset of the Department of Defense. 
‘‘(c) RULE OF CONSTRUCTION REGARDING AUTHOR-
ITY IN CYBERSPACE.—Nothing in this section shall be 
construed to limit the authority of the Secretary of De-
fense to conduct military activities in cyberspace. 
‘‘(d) RULE OF CONSTRUCTION REGARDING COVERT 
ACTIONS.—Nothing in this section shall be construed to 
authorize a covert action (as defined in section 503(e) of 
the National Security Act of 1947 (50 U.S.C. 413b(e))) 
or modify the requirements of section 503 of such Act (50 
U.S.C. 413b). 
‘‘(e) CONGRESSIONAL
NOTIFICATION.—Consistent 
with, and in addition to, any other reporting requirements 
under law, the Secretary of Defense shall ensure that the 
congressional intelligence committees (as defined in sec-
tion 3(7) of the National Security Act of 1947 (50 U.S.C. 
401a(7))) are kept fully and currently informed of any in-
telligence or intelligence-related activities undertaken in 
support of military activities in cyberspace.’’. 
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SEC. 942. QUARTERLY CYBER OPERATIONS BRIEFINGS. 
(a) BRIEFINGS.—Chapter 23 of title 10, United 
States Code, is amended by inserting after section 483 the 
following new section: 
‘‘§ 484. Quarterly cyber operations briefings 
‘‘The Secretary of Defense shall provide to the Com-
mittees on Armed Services of the House of Representa-
tives and the Senate quarterly briefings on all offensive 
and significant defensive military operations in cyberspace 
carried out by the Department of Defense during the im-
mediately preceding quarter.’’. 
(b) INITIAL BRIEFING.—The first briefing required 
under section 484 of title 10, United States Code, as 
added by subsection (a), shall be provided not later than 
March 1, 2013. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 23 of title 10, United States 
Code, is amended by inserting after the item relating to 
section 483 the following new item: 
‘‘484. Quarterly cyber operations briefings.’’. 
Subtitle F—Other Matters 
SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIR-
MAN OF JOINT CHIEFS OF STAFF AND JOINT 
REQUIREMENTS OVERSIGHT COUNCIL. 
(a) AMENDMENTS RELATED TO CHAIRMAN OF JOINT 
CHIEFS OF STAFF.—Section 153(a)(4) of title 10, United 
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States Code, is amended by striking subparagraph (F) 
and inserting the following new subparagraphs: 
‘‘(F) Identifying, assessing, and approving 
military requirements (including existing sys-
tems and equipment) to meet the national mili-
tary strategy. 
‘‘(G) Recommending to the Secretary ap-
propriate trade-offs among life-cycle cost, 
schedule, and performance objectives to ensure 
that such trade-offs are made in the acquisition 
of materiel and equipment to meet military re-
quirements in a manner that best supports the 
strategic and contingency plans required by 
subsection (a).’’. 
(b) AMENDMENTS RELATED
TO JROC.—Section 
181(b) of such title is amended— 
(1) in paragraph (1)(C), by striking ‘‘in ensur-
ing’’ and all that follows through ‘‘requirements’’ 
and inserting the following: ‘‘in ensuring that appro-
priate trade-offs are made among life-cycle cost, 
schedule, and performance objectives in the acquisi-
tion of materiel and equipment to meet military re-
quirements’’; and 
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(2) in paragraph (3), by striking ‘‘such resource 
level’’ and inserting ‘‘the total cost of such re-
sources’’. 
(c) AMENDMENTS RELATED CHIEFS
OF ARMED 
FORCES.—Section 2547(a) of such title is amended— 
(1) in paragraph (1), by striking ‘‘of require-
ments relating to the defense acquisition system’’ 
and inserting ‘‘and certification of requirements for 
equipping the armed force concerned’’; 
(2) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), respectively; and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraphs: 
‘‘(3) The recommendation of trade-offs among 
life-cycle cost, schedule, and performance objectives 
to ensure acquisition programs to equip the armed 
force concerned deliver best value. 
‘‘(4) Termination of development or procure-
ment programs that fail to meet life-cycle cost, 
schedule, and performance objectives.’’. 
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SEC. 952. EXPANSION OF PERSONS ELIGIBLE FOR EXPE-
DITED FEDERAL HIRING FOLLOWING COM-
PLETION 
OF 
NATIONAL 
SECURITY 
EDU-
CATION PROGRAM SCHOLARSHIP. 
Section 802(k) of the David L. Boren National Secu-
rity Education Act of 1991 (50 U.S.C. 1902(k)) is amend-
ed to read as follows: 
‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 
‘‘(1) APPOINTMENT
AUTHORITY.—The Sec-
retary of Defense, the Secretary of Homeland Secu-
rity, the Secretary of State, or the head of a Federal 
agency or office identified by the Secretary of De-
fense under subsection (g) as having national secu-
rity responsibilities— 
‘‘(A) may, without regard to any provision 
of title 5 governing appointments in the com-
petitive service, appoint an eligible program 
participant— 
‘‘(i) to a position in the excepted serv-
ice that is certified by the Secretary of De-
fense under clause (i) of subsection 
(b)(2)(A) as contributing to the national 
security of the United States; or 
‘‘(ii) subject to clause (ii) of such sub-
section, to a position in the excepted serv-
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ice in such Federal agency or office identi-
fied by the Secretary; and 
‘‘(B) may, upon satisfactory completion of 
two years of substantially continuous service by 
an incumbent who was appointed to an ex-
cepted service position under the authority of 
subparagraph (A), convert the appointment of 
such individual, without competition, to a career 
or career conditional appointment. 
‘‘(2) TREATMENT
OF
CERTAIN
SERVICE.—In 
the case of an eligible program participant described 
in clause (ii) or (iii) of paragraph (3)(B) who re-
ceives an appointment under paragraph (1)(A), the 
head of a Department or Federal agency or office 
referred to in paragraph (1) may count any period 
that the individual served in a position with the Fed-
eral Government towards satisfaction of the service 
requirement under paragraph (1)(B) if that serv-
ice— 
‘‘(A) in the case of an appointment under 
clause (i) of paragraph (1)(A), was in a position 
that is identified under clause (i) of subsection 
(b)(2)(A) as contributing to the national secu-
rity of the United States; or 
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‘‘(B) in the case of an appointment under 
clause (ii) of paragraph (1)(A), was in the Fed-
eral agency or office in which the appointment 
under that clause is made. 
‘‘(3) ELIGIBLE
PROGRAM
PARTICIPANT
DE-
FINED.—In this subsection, the term ‘eligible pro-
gram participant’ means an individual who— 
‘‘(A) has successfully completed an aca-
demic program for which a scholarship or fel-
lowship under this section was awarded; and 
‘‘(B) at the time of the appointment of the 
individual to an excepted service position under 
paragraph (1)(A)— 
‘‘(i) under the terms of the agreement 
for such scholarship or fellowship, owes a 
service commitment to a Department or 
Federal agency or office referred to in 
paragraph (1); 
‘‘(ii) is employed by the Federal Gov-
ernment under a non-permanent appoint-
ment to a position in the excepted service 
that has national security responsibilities; 
or 
‘‘(iii) is a former civilian employee of 
the Federal Government who has less than 
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a one-year break in service from the last 
period of Federal employment of such indi-
vidual in a non-permanent appointment in 
the excepted service with national security 
responsibilities.’’. 
SEC. 953. ANNUAL BRIEFING TO CONGRESSIONAL DEFENSE 
COMMITTEES ON CERTAIN WRITTEN POLICY 
GUIDANCE. 
Section 113(g) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3) The Secretary of Defense shall provide an an-
nual briefing to the congressional defense committees on 
the written policy guidance provided under paragraphs (1) 
and (2).’’. 
SEC. 954. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
REIMBURSEMENT OF COSTS OF ACTIVITIES 
FOR NONGOVERNMENTAL PERSONNEL AT 
DEPARTMENT OF DEFENSE REGIONAL CEN-
TERS FOR SECURITY STUDIES. 
(a) EXTENSION.—Paragraph (1) of section 941(b) of 
the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 
184 note), is amended by striking ‘‘through 2012’’ and 
inserting ‘‘through 2013’’. 
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(b) ASSESSMENT REQUIRED.—The Comptroller Gen-
eral of the United States shall assess— 
(1) the effectiveness of the Regional Centers for 
Security Studies in meeting the Centers’ objectives 
and advancing the priorities of the Department of 
Defense; 
(2) the extent to which the Centers perform a 
unique function within the interagency community 
or the extent to which there are similar or duplica-
tive efforts within the Department of Defense or the 
Department of State; 
(3) the measures of effectiveness and impact in-
dicators each Regional Center uses to internally 
evaluate its programs; 
(4) the oversight mechanisms within the De-
partment of Defense with respect to the Regional 
Centers; and 
(5) the costs and benefits to the Department of 
Defense of waiving reimbursement costs for per-
sonnel of nongovernmental organizations and inter-
national organizations to participate in activities of 
the Centers on an ongoing basis. 
(c) REPORT.—Not later than March 1, 2013, the 
Comptroller General shall submit to the Committees on 
Armed Services and on Foreign Relations of the Senate 
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and the Committees on Armed Services and on Foreign 
Affairs of the House of Representatives a report on the 
assessment required by subsection (b). 
SEC. 955. NATIONAL LANGUAGE SERVICE CORPS. 
(a) CHARTER FOR NATIONAL LANGUAGE SERVICE 
CORPS.—The David L. Boren National Security Edu-
cation Act of 1991 (50 U.S.C. 1901 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) The Secretary of Defense shall establish 
and maintain within the Department of Defense a 
National Language Service Corps (in this section re-
ferred to as the ‘Corps’). 
‘‘(2) The purpose of the Corps is to provide a 
pool of personnel with foreign language skills who, 
as provided in regulations prescribed under this sec-
tion, agree to provide foreign language services to 
the Department of Defense or another department 
or agency of the United States. 
‘‘(b) NATIONAL SECURITY EDUCATION BOARD.—The 
Secretary shall provide for the National Security Edu-
cation Board to oversee and coordinate the activities of 
the Corps to such extent and in such manner as deter-
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mined by the Secretary under paragraph (9) of section 
803(d). 
‘‘(c) MEMBERSHIP.—To be eligible for membership 
in the Corps, a person must be a citizen of the United 
States authorized by law to be employed in the United 
States, have attained the age of 18 years, and possess 
such foreign language skills as the Secretary considers ap-
propriate for membership in the Corps. Members of the 
Corps may include employees of the Federal Government 
and of State and local governments. 
‘‘(d) TRAINING.—The Secretary may provide mem-
bers of the Corps such training as the Secretary prescribes 
for purposes of this section. 
‘‘(e) SERVICE.—Upon a determination that it is in 
the national interests of the United States, the Secretary 
shall call upon members of the Corps to provide foreign 
language services to the Department of Defense or an-
other department or agency of the United States. 
‘‘(f) FUNDING.—The Secretary may impose fees, in 
amounts up to full-cost recovery, for language services and 
technical assistance rendered by members of the Corps. 
Amounts of fees received under this section shall be cred-
ited to the account of the Department providing funds for 
any costs incurred by the Department in connection with 
the Corps. Amounts so credited to such account shall be 
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merged with amounts in such account, and shall be avail-
able to the same extent, and subject to the same conditions 
and limitations, as amounts in such account. Any amounts 
so credited shall remain available until expended. 
‘‘(g) USERRA APPLICABILITY.—For purposes of the 
applicability of chapter 43 of title 38, United States Code, 
to a member of the Corps— 
‘‘(1) a period of active service in the Corps shall 
be deemed to be service in the uniformed services; 
and 
‘‘(2) the Corps shall be deemed to be a uni-
formed service.’’. 
(b) NATIONAL SECURITY EDUCATION BOARD MAT-
TERS.— 
(1) COMPOSITION.—Subsection (b) of section 
803 of such Act (50 U.S.C. 1903) is amended— 
(A) by striking paragraph (5); 
(B) by redesignating paragraphs (6) and 
(7) as paragraphs (8) and (9), respectively; and 
(C) by inserting after paragraph (4) the 
following new paragraphs: 
‘‘(5) The Secretary of Homeland Security. 
‘‘(6) The Secretary of Energy. 
‘‘(7) The Director of National Intelligence.’’. 
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(2) FUNCTIONS.—Subsection (d) of such sec-
tion is amended by adding at the end the following 
new paragraph: 
‘‘(9) To the extent provided by the Secretary of 
Defense, oversee and coordinate the activities of the 
National Language Service Corps under section 813, 
including— 
‘‘(A) identifying and assessing on a peri-
odic basis the needs of the departments and 
agencies of the Federal Government for per-
sonnel with skills in various foreign languages; 
‘‘(B) establishing plans to address foreign 
language shortfalls and requirements of the de-
partments and agencies of the Federal Govern-
ment; 
‘‘(C) recommending effective ways to in-
crease public awareness of the need for foreign 
languages skills and career paths in the Federal 
Government that use those skills; 
‘‘(D) coordinating activities with Executive 
agencies and State and Local governments to 
develop interagency plans and agreements to 
address overall foreign language shortfalls and 
to utilize personnel to address the various types 
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of crises that warrant foreign language skills; 
and 
‘‘(E) proposing to the Secretary regula-
tions to carry out section 813.’’. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2013 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that 
the Secretary may transfer under the authority of 
this section may not exceed $3,500,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
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tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by sub-
section (a) to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
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by the Chairman of the Committee on the Budget of the 
House of Representatives, as long as such statement has 
been submitted prior to the vote on passage of this Act. 
SEC. 1003. ANNUAL REPORT ON ARMED FORCES UN-
FUNDED PRIORITIES. 
(a) REPORT REQUIRED.—Not later than 30 days 
after the date on which the budget for a fiscal year is sub-
mitted to Congress pursuant to section 1105 of title 31, 
United States Code, each member of the Joint Chiefs of 
Staff specified in subsection (b) and the Commander of 
the United States Special Operations Command shall sub-
mit to the congressional defense committees a report con-
taining a list of the unfunded priorities for the Armed 
Force under the jurisdiction of that member or com-
mander. 
(b) COVERED MILITARY SERVICE CHIEFS.—The re-
ports required by subsection (a) shall be submitted by the 
Chief of Staff of the Army, the Chief of Naval Operations, 
the Chief of Staff of the Air Force, the Commandant of 
the Marine Corps, and the Chief of the National Guard 
Bureau. 
(c) UNFUNDED PRIORITIES DEFINED.—In this sec-
tion, the term ‘‘unfunded priorities’’, with respect to a re-
port required by subsection (a) for a fiscal year, means 
a program or mission requirement that— 
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(1) has not been selected for funding in the 
proposed budget for the fiscal year; 
(2) is necessary to fulfill a requirement associ-
ated with a combatant commander operational or 
contingency plan or other validated global force re-
quirement; and 
(3) the officer submitting the report would have 
recommended for inclusion in the proposed budget 
for the fiscal year had additional resources been 
available or had the requirement emerged before the 
budget was submitted. 
Subtitle B—Counter-Drug 
Activities 
SEC. 1011. EXTENSION OF THE AUTHORITY OF THE CHIEF 
OF THE NATIONAL GUARD BUREAU TO ES-
TABLISH AND OPERATE NATIONAL GUARD 
COUNTERDRUG SCHOOLS. 
Section 901 of the Office of National Drug Control 
Policy Reauthorization Act of 2006 (Public Law 109–469; 
120 Stat. 3536; 32 U.S.C. 112 note) is amended— 
(1) in subsection (c)— 
(A) by striking paragraph (1) and redesig-
nating paragraphs (2) through (5) as para-
graphs (1) through (4), respectively; and 
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(B) by adding at the end the following new 
paragraph: 
‘‘(5) The Western Regional Counterdrug Train-
ing Center, Camp Murray, Washington.’’; 
(2) by striking subsection (f) and redesignating 
subsection (g) as subsection (f); and 
(3) in subsection (f)(1), as so redesignated, by 
striking ‘‘fiscal years 2006 through 2010’’ and in-
serting ‘‘fiscal years 2013 through 2017’’. 
SEC. 1012. REPORTING REQUIREMENT ON EXPENDITURES 
TO SUPPORT FOREIGN COUNTER-DRUG AC-
TIVITIES. 
Section 1022(a) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–255), 
as most recently amended by the section 1008 of the Na-
tional Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1558), is further amended 
by striking ‘‘February 15, 2012’’ and inserting ‘‘February 
15, 2013’’. 
SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNI-
FIED 
COUNTER-DRUG 
AND 
COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
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108–375; 118 Stat. 2042), as most recently amended by 
section 1007 of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1558), is amended— 
(1) in subsection (a), by striking ‘‘2012’’ and 
inserting ‘‘2013’’; and 
(2) in subsection (c), by striking ‘‘2012’’ and 
inserting ‘‘2013’’. 
SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK 
FORCES TO PROVIDE SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 117 
Stat. 1594; 10 U.S.C. 371 note) is amended by striking 
‘‘2012’’ and inserting ‘‘2013’’. 
SEC. 
1015. 
SENSE 
OF 
CONGRESS 
REGARDING 
THE 
COUNTERDRUG 
TETHERED 
AEROSTAT 
RADAR SYSTEM PROGRAM. 
(a) FINDINGS.—Congress finds the following: 
(1) Since 1992, the Air Force has administered 
the Counterdrug Tethered Aerostat Radar System 
(TARS) program, which contributes to deterring and 
detecting smugglers moving illicit drugs into the 
United States. 
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(2) There are eight current tethered aerostat 
systems, located at Yuma, Arizona, Fort Huachuca, 
Arizona, Deming, New Mexico, Marfa, Texas, Eagle 
Pass, Texas, Rio Grande City, Texas, Cudjoe Key, 
Florida, and Lajas, Puerto Rico. 
(3) Primary customers of the surveillance data 
from the TARS program are the Department of 
Homeland Security, the United States Northern 
Command, the United States Southern Command, 
and the North American Aerospace Defense Com-
mand. 
(4) In the past two years, the radars in two of 
the eight tethered aerostat systems have been de-
stroyed in strong weather conditions, namely the 
radar at Lajas, Puerto Rico, which was destroyed in 
April 2011, and the radar at Marfa, Texas, which 
was destroyed in February 2012. 
(5) The Air Force has indicated that it does not 
have sufficient spare parts in its inventory to replace 
either of these two radars or the funding necessary 
to purchase any new radars. As a result, there are 
no current plans to resume operations at Lajas, 
Puerto Rico or Marfa, Texas. 
(6) The loss of these two tethered aerostats sys-
tems substantially degrades counterdrug capabilities 
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in the Caribbean corridor and along the Southwest 
border. 
(7) The loss of the tethered aerostat system in 
Lajas, Puerto Rico, is particularly detrimental to the 
national counterdrug mission. In Section 1023 of the 
National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163), Congress found that— 
(A) ‘‘Drug traffickers use the Caribbean 
corridor to smuggle narcotics to the United 
States via Puerto Rico and the Dominican Re-
public. This route is ideal for drug trafficking 
because of its geographic expanse, numerous 
law enforcement jurisdictions, and fragmented 
investigative efforts.’’; and 
(B) ‘‘The tethered aerostat system in 
Lajas, Puerto Rico, contributes to deterring 
and detecting smugglers moving illicit drugs 
into Puerto Rico. The aerostat’s range and 
operational capabilities allow it to provide sur-
veillance coverage of the eastern Caribbean cor-
ridor and the strategic waterway between Puer-
to Rico and the Dominican Republic, known as 
the Mona Passage.’’. 
(8) In such section 1023, Congress expressed 
that ‘‘Congress and the Department of Defense 
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should fund the Counter-Drug Tethered Aerostat 
program.’’. 
(9) In recent years, Puerto Rico and the United 
States Virgin Islands have been increasingly im-
pacted by the drug trade and related violence. Both 
jurisdictions have homicide rates that are roughly 
six times the national average and about three times 
higher than any State, and many of these homicides 
are linked to the drug trade. 
(10) The Department of Defense has raised 
questions as to whether it should continue to admin-
ister the TARS program or, alternatively, whether 
responsibility for this program should be vested in 
the Department of Homeland Security. 
(b) SENSE OF CONGRESS.—In light of the findings 
under subsection (a), it is the sense of Congress that— 
(1) irrespective of whether the Department of 
Defense continues to be responsible for the 
Counterdrug Tethered Aerostat Radar System 
(TARS) program or such responsibility is assigned 
to another agency, Congress and the responsible 
agency should fund the TARS program; and 
(2) Congress and the responsible agency should 
take all appropriate steps to ensure that the eight 
current tethered aerostat systems are fully func-
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tional and, in particular, to ensure that the TARS 
program is providing coverage to protect jurisdic-
tions of the United States in the Caribbean region, 
as well as jurisdictions of the United States along 
the United States-Mexico border and in the Florida 
Straits. 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. POLICY RELATING TO MAJOR COMBATANT VES-
SELS 
OF 
THE 
STRIKE 
FORCES 
OF 
THE 
UNITED STATES NAVY. 
Section 1012 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
303), as most recently amended by section 1015 of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), 
is amended by striking ‘‘Secretary of Defense’’ and all 
that follows through the period and inserting the fol-
lowing: ‘‘Secretary the Navy notifies the congressional de-
fense committees that, as a result of a cost-benefit anal-
ysis, it would not be practical for the Navy to design the 
class of ships with an integrated nuclear power system.’’. 
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SEC. 1022. LIMITATION ON AVAILABILITY OF FUNDS FOR 
DELAYED 
ANNUAL 
NAVAL 
VESSEL 
CON-
STRUCTION PLAN. 
(a) IN GENERAL.—Section 231 of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing new subsection (e): 
‘‘(e)(1) If the Secretary of Defense does not include 
with the defense budget materials for a fiscal year the plan 
and certification under subsection (a), the Secretary of the 
Navy may not use more than 50 percent of the funds de-
scribed in paragraph (2) during the fiscal year in which 
such materials are submitted until the date on which such 
plan and certification are submitted to the congressional 
defense committees. 
‘‘(2) The funds described in this paragraph are funds 
made available to the Secretary of the Navy for operation 
and maintenance, Navy, for emergencies and extraor-
dinary expenses.’’. 
(b) CONFORMING AMENDMENT.—Section 12304b(i) 
of title 10, United States Code, is amended by striking 
‘‘231(e)(2)’’ and inserting ‘‘section 231(f)(2)’’. 
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Subtitle D—Counterterrorism 
SEC. 1031. FINDINGS ON DETENTION PURSUANT TO THE 
AUTHORIZATION 
FOR 
USE 
OF 
MILITARY 
FORCE ENACTED IN 2001. 
Congress finds the following: 
(1) In 2001, Congress passed, and the Presi-
dent signed, the Authorization for Use of Military 
Force (Public Law 107–40; 50 U.S.C. 1541 note) 
(hereinafter referred to as the ‘‘AUMF’’), which au-
thorized the President to ‘‘use all necessary and ap-
propriate force’’ against those responsible for the at-
tacks of September 11, 2001, and those who har-
bored them ‘‘in order to prevent any future acts of 
international terrorism against the United States’’. 
(2) In 2004, the Supreme Court held in Hamdi 
v. Rumsfeld that the AUMF authorized the Presi-
dent to detain individuals, including a United States 
citizen captured in Afghanistan and later detained in 
the United States, legitimately determined to be 
‘‘engaged in armed conflict against the United 
States’’ until the end of hostilities, noting that 
‘‘[W]e understand Congress’ grant of authority for 
the use of ‘necessary and appropriate force’ to in-
clude the authority to detain for the duration of the 
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relevant conflict, and our understanding is based on 
longstanding law-of-war principles’’. 
(3) The Court reaffirmed the long-standing 
principle of American law that a United States cit-
izen may not be detained in the United States pur-
suant to the AUMF without due process of law, 
stating the following: 
(A) ‘‘Striking the proper constitutional bal-
ance here is of great importance to the Nation 
during this period of ongoing combat. But it is 
equally vital that our calculus not give short 
shrift to the values that this country holds dear 
or to the privilege that is American citizen-
ship.’’. 
(B) ‘‘It is during our most challenging and 
uncertain moments that our Nation’s commit-
ment to due process is most severely tested; and 
it is in those times that we must preserve our 
commitment at home to the principles for which 
we fight abroad.’’. 
(C) ‘‘[A] state of war is not a blank check 
for the President when it comes to the rights of 
the Nation’s citizens.’’. 
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(D) ‘‘[A]bsent suspension, the writ of ha-
beas corpus remains available to every indi-
vidual detained within the United States.’’. 
(E) ‘‘All agree suspension of the writ has 
not occurred here.’’. 
(F) ‘‘[A]n enemy combatant must receive 
notice of the factual basis for his classification, 
and a fair opportunity to rebut the Govern-
ment’s factual assertions before a neutral deci-
sionmaker.’’. 
(G) ‘‘Whatever power the United States 
Constitution envisions for the Executive in its 
exchanges with other nations or with enemy or-
ganizations in times of conflict, it most as-
suredly envisions a role for all three branches 
when individual liberties are at stake.’’. 
(H) ‘‘[U]nless Congress acts to suspend it, 
the Great Writ of habeas corpus allows the Ju-
dicial Branch to play a necessary role in main-
taining this delicate balance of governance, 
serving as an important judicial check on the 
Executive’s discretion in the realm of deten-
tions.’’. 
(I) ‘‘We reaffirm today the fundamental 
nature of a citizen’s right to be free from invol-
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untary confinement by his own government 
without due process of law, and we weigh the 
opposing governmental interests against the 
curtailment of liberty that such confinement en-
tails.’’. 
(4) In 2008, in Boumediene v. Bush, the Su-
preme Court also extended the constitutional right 
to habeas corpus to the foreign detainees held pursu-
ant to the AUMF at the United States Naval Sta-
tion, Guantanamo Bay, Cuba. 
(5) Chapter 47A of title 10, United States 
Code, as originally enacted by the Military Commis-
sions Act of 2006 (Public Law 109–366), only al-
lows for prosecution of foreign terrorists by military 
commission. 
(6) In 2011, with the enactment of the Na-
tional Defense Authorization Act for Fiscal Year 
2012 (Public Law 112–81), Congress and the Presi-
dent affirmed the authority of the Armed Forces of 
the United States to detain pursuant to the AUMF 
a person who planned, authorized, committed, or 
aided the terrorist attacks that occurred on Sep-
tember 11, 2001, or harbored those responsible for 
those attacks, or a person who was a part of or sub-
stantially supported al-Qaeda, the Taliban, or associ-
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ated forces that are engaged in hostilities against 
the United States or its coalition partners, including 
any person who has committed a belligerent act or 
has directly supported such hostilities in aid of such 
enemy forces. 
(7) The interpretation of the detention author-
ity provided by the AUMF under the National De-
fense Authorization Act for Fiscal Year 2012 is the 
same as the interpretation used by the Obama ad-
ministration in its legal filings in Federal court and 
is nearly identical to the interpretation used by the 
Bush administration. This interpretation has also 
been upheld by the United States Court of Appeals 
for the District of Columbia Circuit. 
(8) Such Act also requires the Secretary of De-
fense to regularly brief Congress regarding the ap-
plication of the detention authority provided by the 
AUMF. 
(9) Section 1021 of such Act states that ‘‘Noth-
ing in this section shall be construed to affect exist-
ing law or authorities relating to the detention of 
United States citizens, lawful resident aliens of the 
United States, or any other persons who are cap-
tured or arrested in the United States.’’. 
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a national of a country other than the United States or 
Afghanistan from detention at the Detention Facility at 
Parwan, Afghanistan, to the custody of the Government 
of Afghanistan or of any other country. Such notice shall 
be provided not later than 10 days before such a transfer 
may take place. 
(b) ADDITIONAL
ASSESSMENTS
AND
CERTIFI-
CATIONS.—As part of the notice required under subsection 
(a), the Secretary shall include the following: 
(1) In the case of the proposed transfer of such 
an individual by reason of the individual being re-
leased, an assessment of the threat posed by the in-
dividual and the security environment of the country 
to which the individual is to be transferred. 
(2) In the case of the proposed transfer of such 
an individual to a country other than Afghanistan 
for the purpose of the prosecution of the individual, 
a certification that an assessment has been con-
ducted regarding the capacity, willingness, and his-
torical track record of the country with respect to 
prosecuting similar cases, including a description of 
the evidence against the individual that is likely to 
be admissible as part of the prosecution. 
(3) In the case of the proposed transfer of such 
an individual for reintegration or rehabilitation in a 
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