H. R. 1540—250 
SEC. 938. CONVERSION OF CERTAIN FUNCTIONS FROM CONTRACTOR 
PERFORMANCE TO PERFORMANCE BY DEPARTMENT OF 
DEFENSE CIVILIAN EMPLOYEES. 
Section 2463 of title 10, United States Code, is amended— 
(1) in subsection (b)(1)— 
(A) by redesignating subparagraphs (B), (C), and (D) 
as subparagraphs (C), (E), and (F), respectively; 
(B) by striking subparagraph (A) and inserting the 
following new subparagraphs (A) and (B): 
‘‘(A) is a critical function that— 
‘‘(i) is necessary to maintain sufficient Government 
expertise and technical capabilities; or 
‘‘(ii) entails operational risk associated with con-
tractor performance; 
‘‘(B) is an acquisition workforce function;’’; and 
(C) by inserting after subparagraph (C), as redesig-
nated by subparagraph (A), the following new subpara-
graph (D): 
‘‘(D) has been performed by Department of Defense 
civilian employees at any time during the previous 10- 
year period;’’; 
(2) by redesignating subsection (e) as subsection (g); 
(3) by inserting after subsection (d) the following new sub-
sections (e) and (f): 
‘‘(e) DETERMINATIONS RELATING TO THE CONVERSION OF CER-
TAIN FUNCTIONS.—(1) Except as provided in paragraph (2), in deter-
mining whether a function should be converted to performance 
by Department of Defense civilian employees, the Secretary of 
Defense shall— 
‘‘(A) develop methodology for determining costs based on 
the guidance outlined in the Directive-Type Memorandum 09– 
007 entitled ‘Estimating and Comparing the Full Costs of 
Civilian and Military Manpower and Contractor Support’ or 
any successor guidance for the determination of costs when 
costs are the sole basis for the determination; 
‘‘(B) take into consideration any supplemental guidance 
issued by the Secretary of a military department for determina-
tions affecting functions of that military department; and 
‘‘(C) ensure that the difference in the cost of performing 
the function by a contractor compared to the cost of performing 
the function by Department of Defense civilian employees would 
be equal to or exceed the lesser of— 
‘‘(i) 10 percent of the personnel-related costs for 
performance of that function; or 
‘‘(ii) $10,000,000. 
‘‘(2) Paragraph (1) shall not apply to any function that is 
inherently governmental or any function described in subparagraph 
(A), (B), or (C) of subsection (b)(1). 
‘‘(f) NOTIFICATION RELATING TO THE CONVERSION OF CERTAIN 
FUNCTIONS.—The Secretary of Defense shall establish procedures 
for the timely notification of any contractor who performs a function 
that the Secretary plans to convert to performance by Department 
of Defense civilian employees pursuant to subsection (a). The Sec-
retary shall provide a copy of any such notification to the congres-
sional defense committees.’’; and 
(4) in subsection (g), as redesignated by paragraph (2)—
H. R. 1540—251 
(A) by striking ‘‘this section’’ and all that follows and 
inserting ‘‘this section:’’; and 
(B) by adding at the end the following new paragraphs: 
‘‘(1) The term ‘functions closely associated with inherently 
governmental functions’ has the meaning given that term in 
section 2383(b)(3) of this title. 
‘‘(2) The term ‘acquisition function’ has the meaning given 
that term under section 1721(a) of this title. 
‘‘(3) The term ‘inherently governmental function’ has the 
meaning given that term in the Federal Activities Inventory 
Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note).’’. 
Subtitle E—Quadrennial Roles and 
Missions and Related Matters 
SEC. 941. CHAIRMAN OF THE JOINT CHIEFS OF STAFF ASSESSMENT 
OF CONTINGENCY PLANS. 
Section 153(b) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘assessment of’’ and all 
that follows through the period and inserting: ‘‘assessment of— 
‘‘(A) the nature and magnitude of the strategic and 
military risks associated with executing the missions called 
for under the current National Military Strategy; and 
‘‘(B) the critical deficiencies and strengths in force 
capabilities (including manpower, logistics, intelligence, 
and mobility support) identified during the preparation 
and review of contingency plans of each geographic combat-
ant commander, and the effect of such deficiencies and 
strengths on strategic plans and on meeting national secu-
rity objectives and policy.’’; and 
(2) in paragraph (2)— 
(A) by inserting after ‘‘National Military Strategy is 
significant,’’ the following, ‘‘or that critical deficiencies in 
force capabilities exist for a contingency plan,’’; and 
(B) by inserting ‘‘or deficiency’’ before the period at 
the end. 
SEC. 942. QUADRENNIAL DEFENSE REVIEW. 
Paragraph (4) of section 118(b) of title 10, United States Code, 
is amended to read as follows: 
‘‘(4) to make recommendations that are not constrained 
to comply with and are fully independent of the budget sub-
mitted to Congress by the President pursuant to section 1105 
of title 31.’’. 
Subtitle F—Other Matters 
SEC. 951. ACTIVITIES TO IMPROVE MULTILATERAL, BILATERAL, AND 
REGIONAL COOPERATION REGARDING CYBERSECURITY. 
(a) ESTABLISHMENT OF CYBERSECURITY PROGRAM.— 
(1) IN GENERAL.—Chapter 53 of title 10, United States 
Code, is amended by inserting after section 1051b the following 
new section:
H. R. 1540—252 
‘‘§ 1051c. Multilateral, bilateral, or regional cooperation pro-
grams: assignments to improve education and 
training in information security 
‘‘(a) ASSIGNMENTS AUTHORIZED; PURPOSE.—The Secretary of 
Defense may authorize the temporary assignment of a member 
of the military forces of a foreign country to a Department of 
Defense organization for the purpose of assisting the member to 
obtain education and training to improve the member’s ability to 
understand 
and 
respond 
to 
information 
security 
threats, 
vulnerabilities of information security systems, and the con-
sequences of information security incidents. 
‘‘(b) PAYMENT OF CERTAIN EXPENSES.—To facilitate the assign-
ment of a member of a foreign military force to a Department 
of Defense organization under subsection (a), the Secretary of 
Defense may pay such expenses in connection with the assignment 
as the Secretary considers in the national security interests of 
the United States. 
‘‘(c) PROTECTION OF DEPARTMENT CYBERSECURITY.—In author-
izing the temporary assignment of members of foreign military 
forces to Department of Defense organizations under subsection 
(a), the Secretary of Defense shall require the inclusion of adequate 
safeguards to prevent any compromising of Department information 
security. 
‘‘(d) MULTI-YEAR AVAILABILITY OF FUNDS.—Funds available to 
carry out this section shall be available, to the extent provided 
in appropriations Acts, for programs and activities under this sec-
tion that begin in a fiscal year and end in the following fiscal 
year. 
‘‘(e) INFORMATION SECURITY DEFINED.—In this section, the term 
‘information security’ refers to— 
‘‘(1) the confidentiality, integrity, or availability of an 
information system or the information such system processes, 
stores, or transmits; and 
‘‘(2) the security policies, security procedures, or acceptable 
use policies with respect to an information system.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 1051b the following new item: 
‘‘1051c. Multilateral, bilateral, or regional cooperation programs: assignments to im-
prove education and training in information security.’’. 
(b) REPORT ON EXPANSION OF FELLOWSHIP OPPORTUNITIES.— 
Not later one year after the date of the enactment of this Act, 
the Secretary of Defense shall submit to Congress a report evalu-
ating the feasibility and benefits of expanding the fellowship pro-
gram authorized by section 1051c of title 10, United States Code, 
as added by subsection (a), to include ministry of defense officials, 
security officials, or other civilian officials of foreign countries. 
SEC. 952. REPORT ON UNITED STATES SPECIAL OPERATIONS COM-
MAND STRUCTURE. 
(a) REPORT.—Not later than March 1, 2012, the Secretary of 
Defense shall submit to the congressional defense committees a 
study of the United States Special Operations Command sub-unified 
structure. 
(b) ELEMENTS.—The report required under this section shall 
include, at a minimum, the following:
H. R. 1540—253 
(1) Recommendations to revise as necessary the present 
command structure to better support development and deploy-
ment of joint special operations forces and capabilities. 
(2) Any other matters the Secretary considers appropriate. 
(c) FORM.—The report required under this section shall be 
submitted in unclassified form, but may include a classified annex. 
SEC. 953. STRATEGY TO ACQUIRE CAPABILITIES TO DETECT PRE-
VIOUSLY UNKNOWN CYBER ATTACKS. 
(a) IN GENERAL.—The Secretary of Defense shall develop and 
implement a plan to augment the cybersecurity strategy of the 
Department of Defense through the acquisition of advanced capabili-
ties to discover and isolate penetrations and attacks that were 
previously unknown and for which signatures have not been devel-
oped for incorporation into computer intrusion detection and preven-
tion systems and anti-virus software systems. 
(b) CAPABILITIES.— 
(1) NATURE
OF
CAPABILITIES.—The capabilities to be 
acquired under the plan required by subsection (a) shall— 
(A) be adequate to enable well-trained analysts to dis-
cover the sophisticated attacks conducted by nation-state 
adversaries that are categorized as ‘‘advanced persistent 
threats’’; 
(B) be appropriate for— 
(i) endpoints or hosts; 
(ii) network-level gateways operated by the 
Defense Information Systems Agency where the 
Department of Defense network connects to the public 
Internet; and 
(iii) global networks owned and operated by private 
sector Tier 1 Internet Service Providers; 
(C) at the endpoints or hosts, add new discovery 
capabilities to the Host-Based Security System of the 
Department, including capabilities such as— 
(i) automatic blocking of unauthorized software 
programs and accepting approved and vetted programs; 
(ii) constant monitoring of all key computer 
attributes, settings, and operations (such as registry 
keys, operations running in memory, security settings, 
memory tables, event logs, and files); and 
(iii) automatic baselining and remediation of 
altered computer settings and files; 
(D) at the network-level gateways and internal network 
peering points, include the sustainment and enhancement 
of a system that is based on full-packet capture, session 
reconstruction, extended storage, and advanced analytic 
tools, by— 
(i) increasing the number and skill level of the 
analysts assigned to query stored data, whether by 
contracting for security services, hiring and training 
Government personnel, or both; and 
(ii) increasing the capacity of the system to handle 
the rates for data flow through the gateways and the 
storage requirements specified by the United States 
Cyber Command; and
H. R. 1540—254 
(E) 
include 
the 
behavior-based 
threat 
detection 
capabilities of Tier 1 Internet Service Providers and other 
companies that operate on the global Internet. 
(2) SOURCE
OF
CAPABILITIES.—The capabilities to be 
acquired shall, to the maximum extent practicable, be acquired 
from commercial sources. In making decisions on the procure-
ment of such capabilities from among competing commercial 
and Government providers, the Secretary shall take into consid-
eration the needs of other departments and agencies of the 
Federal Government, State and local governments, and critical 
infrastructure owned and operated by the private sector for 
unclassified, affordable, and sustainable commercial solutions. 
(c) INTEGRATION AND MANAGEMENT OF DISCOVERY CAPABILI-
TIES.—The plan required by subsection (a) shall include mechanisms 
for improving the standardization, organization, and management 
of the security information and event management systems that 
are widely deployed across the Department of Defense to improve 
the ability of United States Cyber Command to understand and 
control the status and condition of Department networks, including 
mechanisms to ensure that the security information and event 
management systems of the Department receive and correlate data 
collected and analyses conducted at the host or endpoint, at the 
network gateways, and by Internet Service Providers in order to 
discover new attacks reliably and rapidly. 
(d) PROVISION
FOR CAPABILITY DEMONSTRATIONS.—The plan 
required by subsection (a) shall provide for the conduct of dem-
onstrations, pilot projects, and other tests on cyber test ranges 
and operational networks in order to determine and verify that 
the capabilities to be acquired pursuant to the plan are effective, 
practical, and affordable. 
(e) REPORT.—Not later than April 1, 2012, the Secretary shall 
submit to the congressional defense committees a report on the 
plan required by subsection (a). The report shall set forth the 
plan and include a comprehensive description of the actions being 
undertaken by the Department to implement the plan. 
SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE. 
Congress affirms that the Department of Defense has the capa-
bility, and upon direction by the President may conduct offensive 
operations in cyberspace to defend our Nation, Allies and interests, 
subject to— 
(1) the policy principles and legal regimes that the Depart-
ment follows for kinetic capabilities, including the law of armed 
conflict; and 
(2) the War Powers Resolution (50 U.S.C. 1541 et seq.). 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Budgetary effects of this Act. 
Sec. 1003. Additional requirements relating to the development of the Financial 
Improvement and Audit Readiness Plan. 
Sec. 1003A. Display of procurement of equipment for the reserve components of the 
Armed Forces under estimated expenditures for procurement in future- 
years defense programs.
H. R. 1540—255 
Subtitle B—Counter-Drug Activities 
Sec. 1004. Extension of authority for joint task forces to provide support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1005. Three-year extension and modification of authority of Department of De-
fense to provide additional support for counterdrug activities of other 
governmental agencies. 
Sec. 1006. Two-year extension and expansion of authority to provide additional 
support for counter-drug activities of certain foreign governments. 
Sec. 1007. Extension of authority to support unified counter-drug and counterter-
rorism campaign in Colombia. 
Sec. 1008. Reporting requirement on expenditures to support foreign counter-drug 
activities. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1011. Budgeting for construction of naval vessels. 
Sec. 1012. Sense of Congress on naming of Naval vessel after United States Marine 
Corps Sergeant Rafael Peralta. 
Sec. 1013. Limitation on availability of funds for placing Maritime Prepositioning 
Ship squadrons on reduced operating status. 
Sec. 1014. Report on policies and practices of the Navy for naming the vessels of 
the Navy. 
Sec. 1015. Transfer of certain high-speed ferries to the Navy. 
Sec. 1016. Modification of conditions on status of retired aircraft carrier ex-John F. 
Kennedy. 
Sec. 1017. Assessment of stationing of additional DDG–51 class destroyers at Naval 
Station Mayport, Florida. 
Subtitle D—Counterterrorism 
Sec. 1021. Affirmation of authority of the Armed Forces of the United States to de-
tain covered persons pursuant to the Authorization for Use of Military 
Force. 
Sec. 1022. Military custody for foreign al-Qaeda terrorists. 
Sec. 1023. Procedures for periodic detention review of individuals detained at 
United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1024. Procedures for status determinations. 
Sec. 1025. Requirement for national security protocols governing detainee commu-
nications. 
Sec. 1026. Prohibition on use of funds to construct or modify facilities in the United 
States to house detainees transferred from United States Naval Station, 
Guantanamo Bay, Cuba. 
Sec. 1027. Prohibition on the use of funds for the transfer or release of individuals 
detained at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1028. Requirements for certifications relating to the transfer of detainees at 
United States Naval Station, Guantanamo Bay, Cuba, to foreign coun-
tries and other foreign entities. 
Sec. 1029. Requirement for consultation regarding prosecution of terrorists. 
Sec. 1030. Clarification of right to plead guilty in trial of capital offense by military 
commission. 
Sec. 1031. Counterterrorism operational briefing requirement. 
Sec. 1032. National security planning guidance to deny safe havens to al-Qaeda 
and its violent extremist affiliates. 
Sec. 1033. Extension of authority to make rewards for combating terrorism. 
Sec. 1034. Amendments relating to the Military Commissions Act of 2009. 
Subtitle E—Nuclear Forces 
Sec. 1041. Biennial assessment and report on the delivery platforms for nuclear 
weapons and the nuclear command and control system. 
Sec. 1042. Plan on implementation of the New START Treaty. 
Sec. 1043. Annual report on the plan for the nuclear weapons stockpile, nuclear 
weapons complex, nuclear weapons delivery systems, and nuclear weap-
ons command and control system. 
Sec. 1044. Sense of Congress on nuclear force reductions. 
Sec. 1045. Nuclear force reductions. 
Sec. 1046. Nuclear employment strategy of the United States. 
Sec. 1047. Comptroller General report on nuclear weapon capabilities and force 
structure requirements. 
Sec. 1048. Report on feasibility of joint replacement fuze program. 
Subtitle F—Financial Management 
Sec. 1051. Modification of authorities on certification and credential standards for 
financial management positions in the Department of Defense.
H. R. 1540—256 
Sec. 1052. Reliability of Department of Defense financial statements. 
Sec. 1053. Inclusion of plan on the financial management workforce in the strategic 
workforce plan of the Department of Defense. 
Sec. 1054. Tracking implementation of Department of Defense efficiencies. 
Subtitle G—Repeal and Modification of Reporting Requirements 
Sec. 1061. Repeal of reporting requirements under title 10, United States Code. 
Sec. 1062. Repeal of reporting requirements under annual defense authorization 
acts. 
Sec. 1063. Repeal of reporting requirements under other laws. 
Sec. 1064. Modification of reporting requirements under title 10, United States 
Code. 
Sec. 1065. Modification of reporting requirements under other titles of the United 
States Code. 
Sec. 1066. Modification of reporting requirements under annual defense authoriza-
tion acts. 
Sec. 1067. Modification of reporting requirements under other laws. 
Subtitle H—Studies and Reports 
Sec. 1068. Transmission of reports in electronic format. 
Sec. 1069. Modifications to annual aircraft procurement plan. 
Sec. 1070. Change of deadline for annual report to Congress on National Guard 
and reserve component equipment. 
Sec. 1071. Report on nuclear aspirations of non-state entities, nuclear weapons, 
and related programs in non-nuclear weapons states and countries not 
parties to the nuclear non-proliferation treaty, and certain foreign per-
sons. 
Sec. 1072. Implementation plan for whole-of-government vision prescribed in the 
National Security Strategy. 
Sec. 1073. Reports on resolution restrictions on the commercial sale or dissemina-
tion of eletro-optical imagery collected by satellites. 
Sec. 1074. Report on integration of unmanned aerial systems into the national air-
space system. 
Sec. 1075. Report on feasibility of using unmanned aerial systems to perform air-
borne inspection of navigational aids in foreign airspace. 
Sec. 1076. Comptroller General review of medical research and development relat-
ing to improved combat casualty care. 
Sec. 1077. Reports to Congress on the modification of the force structure for the 
strategic nuclear weapons delivery systems of the United States. 
Sec. 1078. Comptroller General of the United States reports on the major auto-
mated information system programs of the Department of Defense. 
Sec. 1079. Report on Defense Department analytic capabilities regarding foreign 
ballistic missile threats. 
Sec. 1080. Report on approval and implementation of Air Sea Battle Concept. 
Sec. 1080A. Report on costs of units of the reserve components and the active com-
ponents of the Armed Forces. 
Subtitle I—Miscellaneous Authorities and Limitations 
Sec. 1081. Authority for assignment of civilian employees of the Department of De-
fense as advisors to foreign ministries of defense. 
Sec. 1082. Exemption from Freedom of Information Act for data files of the military 
flight operations quality assurance systems of the military departments. 
Sec. 1083. Limitation on procurement and fielding of light attack armed reconnais-
sance aircraft. 
Sec. 1084. Prohibition on the use of funds for manufacturing beyond low rate initial 
production at certain prototype integration facilities. 
Sec. 1085. Use of State Partnership Program funds for certain purposes. 
Subtitle J—Other Matters 
Sec. 1086. Redesignation of psychological operations as military information sup-
port operations in title 10, United States Code, to conform to Depart-
ment of Defense usage. 
Sec. 1087. Termination of requirement for appointment of civilian members of Na-
tional Security Education Board by and with the advice and consent of 
the Senate. 
Sec. 1088. Sense of Congress on application of moratorium on earmarks to this Act. 
Sec. 1089. Technical amendment. 
Sec. 1090. Cybersecurity collaboration between the Department of Defense and the 
Department of Homeland Security. 
Sec. 1091. Treatment under Freedom of Information Act of certain Department of 
Defense critical infrastructure security information.
H. R. 1540—257 
Sec. 1092. Expansion of scope of humanitarian demining assistance program to in-
clude stockpiled conventional munitions assistance. 
Sec. 1093. Number of Navy carrier air wings and carrier air wing headquarters. 
Sec. 1094. Display of annual budget requirements for organizational clothing and 
individual equipment. 
Sec. 1095. National Rocket Propulsion Strategy. 
Sec. 1096. Grants to certain regulated companies for specified energy property not 
subject to normalization rules. 
Sec. 1097. Unmanned aerial systems and national airspace. 
Sec. 1098. Modification of dates of Comptroller General of the United States review 
of executive agreement on joint medical facility demonstration project, 
North Chicago and Great Lakes, Illinois. 
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 Department of Defense in this division for 
fiscal year 2012 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of authorizations 
so transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—Except as provided in paragraph (3), the 
total amount of authorizations that the Secretary may transfer 
under 
the 
authority 
of 
this 
section 
may 
not 
exceed 
$4,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN
MILITARY
PER-
SONNEL AUTHORIZATIONS.—A transfer of funds between military 
personnel authorizations under title IV shall not be counted 
toward the dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by subsection (a) to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority 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 transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
(e) NATIONAL NUCLEAR SECURITY ADMINISTRATION.— 
(1) TRANSFER AUTHORIZED.—If the amount authorized to 
be appropriated for the weapons activities of the National 
Nuclear Security Administration for fiscal year 2012 is less 
than the $7,629,716,000 requested for such activities in the 
President’s budget request for that fiscal year, the Secretary 
of Defense may transfer, from amounts made available for 
the Department of Defense for fiscal year 2012 pursuant to 
an authorization of appropriations under this Act, to the Sec-
retary of Energy an amount up to $125,000,000 to be available 
only for the weapons activities of the National Nuclear Security 
Administration.
H. R. 1540—258 
(2) NOTICE TO CONGRESS.—In the event of a transfer under 
paragraph (1), the Secretary of Defense shall promptly notify 
Congress of the transfer and shall include in such notice the 
Department of Defense account or accounts from which the 
funds are transferred. 
(3) TRANSFER AUTHORITY.—The transfer authority provided 
under this subsection is in addition to any other transfer 
authority provided under this Act. 
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purposes 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, jointly submitted for printing 
in the Congressional Record by the Chairmen of the House and 
Senate Budget Committees, provided that such statement has been 
submitted prior to the vote on passage in the House acting first 
on the conference report or amendment between the Houses. 
SEC. 1003. ADDITIONAL REQUIREMENTS RELATING TO THE DEVELOP-
MENT OF THE FINANCIAL IMPROVEMENT AND AUDIT 
READINESS PLAN. 
(a) PLANNING REQUIREMENT.— 
(1) IN GENERAL.—The report to be issued pursuant to sec-
tion 1003(b) of the National Defense Authorization Act for 
2010 (Public Law 111–84; 123 Stat. 2440; 10 U.S.C. 2222 note) 
and provided by not later than May 15, 2012, shall include 
a plan, including interim objectives and a schedule of milestones 
for each military department and for the defense agencies, 
to support the goal established by the Secretary of Defense 
that the statement of budgetary resources is validated for audit 
by not later than September 30, 2014. Consistent with the 
requirements of such section, the plan shall include process 
and control improvements and business systems modernization 
efforts necessary for the Department of Defense to consistently 
prepare timely, reliable, and complete financial management 
information. 
(2) SEMIANNUAL UPDATES.—The reports to be issued pursu-
ant to such section after the report described in paragraph 
(1) shall update the plan required by such paragraph and 
explain how the Department has progressed toward meeting 
the milestones established in the plan. 
(b) INCLUSION OF SUBORDINATE ACTIVITIES FOR INTERIM MILE-
STONES.—For each interim milestone established pursuant to sec-
tion 881 of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4306; 10 
U.S.C. 2222 note), the Under Secretary of Defense (Comptroller), 
in consultation with the Deputy Chief Management Officer of the 
Department of Defense, the Secretaries of the military departments, 
and the heads of the defense agencies and defense field activities, 
shall include a detailed description of the subordinate activities 
necessary to accomplish each interim milestone, including— 
(1) a justification of the time required for each activity; 
(2) metrics identifying the progress made within each 
activity; and 
(3) mitigating strategies for milestone timeframe slippages. 
(c) REPORT REQUIRED.—
H. R. 1540—259 
(1) IN GENERAL.—The Secretary of Defense shall submit 
to Congress a report relating to the Financial Improvement 
and Audit Readiness Plan of the Department of Defense sub-
mitted in accordance with section 1003 of the National Defense 
Authorization Act for 2010 (Public Law 111–84; 123 Stat. 2440; 
10 U.S.C. 2222 note) and section 881 of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 121 Stat. 4306; 10 U.S.C. 2222 note). 
(2) MATTERS COVERED.—The report shall include a correc-
tive action plan for any identified weaknesses or deficiencies 
in the execution of the Financial Improvement and Audit Readi-
ness Plan. The corrective action plan shall— 
(A) identify near- and long-term measures for resolving 
any such weaknesses or deficiencies; 
(B) assign responsibilities within the Department of 
Defense to implement such measures; 
(C) specify implementation steps for such measures; 
and 
(D) provide timeframes for implementation of such 
measures. 
SEC. 1003A. DISPLAY OF PROCUREMENT OF EQUIPMENT FOR THE 
RESERVE COMPONENTS OF THE ARMED FORCES UNDER 
ESTIMATED EXPENDITURES FOR PROCUREMENT IN 
FUTURE-YEARS DEFENSE PROGRAMS. 
Each future-years defense program submitted to Congress 
under section 221 of title 10, United States Code, shall, in setting 
forth estimated expenditures and item quantities for procurement 
for the Armed Forces for the fiscal years covered by such program, 
display separately under such estimated expenditures and item 
quantities the estimated expenditures for each such fiscal year 
for equipment for each reserve component of the Armed Forces 
that will receive items in any fiscal year covered by such program. 
Subtitle B—Counter-Drug Activities 
SEC. 1004. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 
CONDUCTING COUNTER-TERRORISM ACTIVITIES. 
(a) EXTENSION.—Section 1022(b) of the National Defense 
Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is 
amended by striking ‘‘2011’’ and inserting ‘‘2012’’. 
(b) LIMITATION
ON EXERCISE
OF AUTHORITY.—The authority 
in section 1022 of the National Defense Authorization Act for Fiscal 
Year 2004, as amended by subsection (a), may not be exercised 
unless the Secretary of Defense certifies to Congress, in writing, 
that the Department of Defense is in compliance with the provisions 
of paragraph (2) of subsection (d) of such section, as added by 
section 1012(b) of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4346). 
SEC. 
1005. 
THREE-YEAR 
EXTENSION 
AND 
MODIFICATION 
OF 
AUTHORITY OF DEPARTMENT OF DEFENSE TO PROVIDE 
ADDITIONAL SUPPORT FOR COUNTERDRUG ACTIVITIES 
OF OTHER GOVERNMENTAL AGENCIES. 
(a) THREE-YEAR EXTENSION.—Subsection (a) of section 1004 
of the National Defense Authorization Act for Fiscal Year 1991
H. R. 1540—260 
(10 U.S.C. 374 note) is amended by striking ‘‘During fiscal years 
2002 through 2011’’ and inserting ‘‘During fiscal years 2012 through 
2014’’. 
(b) COVERAGE OF TRIBAL LAW ENFORCEMENT AGENCIES.— 
(1) IN GENERAL.—Such section is further amended— 
(A) in subsection (a)— 
(i) in the matter preceding paragraph (1), by 
inserting ‘‘tribal,’’ after ‘‘local,’’; and 
(ii) in paragraph (2), by striking ‘‘State or local’’ 
both places it appears and insert ‘‘State, local, or 
tribal’’; and 
(B) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘State or local’’ 
and inserting ‘‘State, local, or tribal’’; 
(ii) in paragraph (4), by striking ‘‘State, or local’’ 
and inserting ‘‘State, local, or tribal’’; and 
(iii) in paragraph (5), by striking ‘‘State and local’’ 
and inserting ‘‘State, local, and tribal’’. 
(2) TRIBAL GOVERNMENT DEFINED.—Such section is further 
amended by adding at the end the following new subsection: 
‘‘(i) DEFINITIONS RELATING TO TRIBAL GOVERNMENTS.—In this 
section: 
‘‘(1) The term ‘Indian tribe’ means a federally recognized 
Indian tribe. 
‘‘(2) The term ‘tribal government’ means the governing 
body of an Indian tribe, the status of whose land is ‘Indian 
country’ as defined in section 1151 of title 18, United States 
Code, or held in trust by the United States for the benefit 
of the Indian tribe. 
‘‘(3) The term ‘tribal law enforcement agency’ means the 
law enforcement agency of a tribal government.’’. 
SEC. 1006. TWO-YEAR EXTENSION AND EXPANSION OF AUTHORITY TO 
PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG 
ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS. 
(a) IN GENERAL.—Subsection (a)(2) of section 1033 of the 
National Defense Authorization Act for Fiscal Year 1998 (Public 
Law 105–85; 111 Stat. 1881), as most recently amended by section 
1014(a) of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4337), is 
further amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 
(b) MAXIMUM AMOUNT OF SUPPORT.—Section (e)(2) of such sec-
tion, as so amended, is further amended— 
(1) by striking ‘‘$75,000,000’’ and inserting ‘‘$100,000,000’’; 
and 
(2) by striking ‘‘2012’’ and inserting ‘‘2013’’. 
(c) ADDITIONAL GOVERNMENTS ELIGIBLE TO RECEIVE SUP-
PORT.—Subsection (b) of such section, as most recently amended 
by section 1024(b) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4587), is further amended by adding at the end the following 
new paragraphs: 
‘‘(23) Government of Benin. 
‘‘(24) Government of Cape Verde. 
‘‘(25) Government of The Gambia. 
‘‘(26) Government of Ghana. 
‘‘(27) Government of Guinea.
H. R. 1540—261 
‘‘(28) Government of Ivory Coast. 
‘‘(29) Government of Jamaica. 
‘‘(30) Government of Liberia. 
‘‘(31) Government of Mauritania. 
‘‘(32) Government of Nicaragua. 
‘‘(33) Government of Nigeria. 
‘‘(34) Government of Sierra Leone. 
‘‘(35) Government of Togo.’’. 
SEC. 
1007. 
EXTENSION 
OF 
AUTHORITY 
TO 
SUPPORT 
UNIFIED 
COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN 
COLOMBIA. 
Section 1021 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 2042), as most recently amended by section 1011 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4346), is amended— 
(1) in subsection (a), by striking ‘‘2011’’ and inserting 
‘‘2012’’; and 
(2) in subsection (c), by striking ‘‘2011’’ and inserting 
‘‘2012’’. 
SEC. 1008. REPORTING REQUIREMENT ON EXPENDITURES TO SUP-
PORT FOREIGN COUNTER-DRUG ACTIVITIES. 
Section 1022(a) of the Floyd D. Spence National Defense 
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 1013 of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 
Stat. 4347), is further amended by striking ‘‘February 15, 2011’’ 
and inserting ‘‘February 15, 2012’’. 
Subtitle C—Naval Vessels and Shipyards 
SEC. 1011. BUDGETING FOR CONSTRUCTION OF NAVAL VESSELS. 
(a) ANNUAL PLAN.—Section 231 of title 10, United States Code, 
is amended to read as follows: 
‘‘§ 231. Budgeting for construction of naval vessels: annual 
plan and certification 
‘‘(a) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN AND CERTIFI-
CATION.—The Secretary of Defense shall include with the defense 
budget materials for a fiscal year— 
‘‘(1) a plan for the construction of combatant and support 
vessels for the Navy developed in accordance with this section; 
and 
‘‘(2) a certification by the Secretary that both the budget 
for that fiscal year and the future-years defense program sub-
mitted to Congress in relation to such budget under section 
221 of this title provide for funding of the construction of 
naval vessels at a level that is sufficient for the procurement 
of the vessels provided for in the plan under paragraph (1) 
on the schedule provided in that plan. 
‘‘(b) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.—(1) The 
annual naval vessel construction plan developed for a fiscal year 
for purposes of subsection (a)(1) should be designed so that the
H. R. 1540—262 
naval vessel force provided for under that plan is capable of sup-
porting the national security strategy of the United States as set 
forth in the most recent national security strategy report of the 
President under section 108 of the National Security Act of 1947 
(50 U.S.C. 404a), except that, if at the time such plan is submitted 
with the defense budget materials for that fiscal year, a national 
security strategy report required under such section 108 has not 
been submitted to Congress as required by paragraph (2) or para-
graph (3), if applicable, of subsection (a) of such section, then 
such annual plan should be designed so that the naval vessel 
force provided for under that plan is capable of supporting the 
ship force structure recommended in the report of the most recent 
quadrennial defense review. 
‘‘(2) Each such naval vessel construction plan shall include 
the following: 
‘‘(A) A detailed program for the construction of combatant 
and support vessels for the Navy over the next 30 fiscal years. 
‘‘(B) A description of the necessary naval vessel force struc-
ture to meet the requirements of the national security strategy 
of the United States or the most recent quadrennial defense 
review, whichever is applicable under paragraph (1). 
‘‘(C) The estimated levels of annual funding necessary to 
carry out the program, together with a discussion of the 
procurement strategies on which such estimated levels of 
annual funding are based. 
‘‘(c) ASSESSMENT WHEN VESSEL CONSTRUCTION BUDGET IS 
INSUFFICIENT TO MEET APPLICABLE REQUIREMENTS.—If the budget 
for a fiscal year provides for funding of the construction of naval 
vessels at a level that is not sufficient to sustain the naval vessel 
force structure specified in the naval vessel construction plan for 
that fiscal year under subsection (a), the Secretary shall include 
with the defense budget materials for that fiscal year an assessment 
that describes and discusses the risks associated with the reduced 
force structure of naval vessels that will result from funding naval 
vessel construction at such level. Such assessment shall be coordi-
nated in advance with the commanders of the combatant commands. 
‘‘(d) CBO EVALUATION.—Not later than 60 days after the date 
on which the congressional defense committees receive the plan 
under subsection (a)(1), the Director of the Congressional Budget 
Office shall submit to such committees a report assessing the suffi-
ciency of the estimated levels of annual funding included in such 
plan with respect to the budget submitted during the year in 
which the plan is submitted and the future-years defense program 
submitted under section 221 of this title. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’, with respect to a fiscal year, means 
the budget for that fiscal year that is submitted to Congress 
by the President under section 1105(a) of title 31. 
‘‘(2) The term ‘defense budget materials’, with respect to 
a fiscal year, means the materials submitted to Congress by 
the Secretary of Defense in support of the budget for that 
fiscal year. 
‘‘(3) The term ‘quadrennial defense review’ means the 
review of the defense programs and policies of the United 
States that is carried out every four years under section 118 
of this title.’’.
H. R. 1540—263 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 9 of such title is amended by striking the item 
relating to section 231 and inserting the following new item: 
‘‘231. Budgeting for construction of naval vessels: annual plan and certification’’. 
SEC. 1012. SENSE OF CONGRESS ON NAMING OF NAVAL VESSEL AFTER 
UNITED STATES MARINE CORPS SERGEANT RAFAEL 
PERALTA. 
It is the sense of Congress that the Secretary of the Navy 
is encouraged to name the next available Naval vessel after United 
States Marine Corps Sergeant Rafael Peralta. 
SEC. 1013. LIMITATION ON AVAILABILITY OF FUNDS FOR PLACING 
MARITIME 
PREPOSITIONING 
SHIP 
SQUADRONS 
ON 
REDUCED OPERATING STATUS. 
No amounts authorized to be appropriated by this Act may 
be obligated or expended to place a Maritime Prepositioning Ship 
squadron, or any component thereof, on reduced operating status 
until the later of the following: 
(1) The date on which the Commandant of the Marine 
Corps submits to the congressional defense committees a report 
setting forth an assessment of the impact on military readiness 
of the plans of the Navy for placing such Maritime 
Prepositioning Ship squadron, or component thereof, on reduced 
operating status. 
(2) The date on which the Chief of Naval Operations sub-
mits to the congressional defense committees a report that— 
(A) describes the plans of the Navy for placing such 
Maritime Prepositioning Ship squadron, or component 
thereof, on reduced operating status; and 
(B) sets forth comments of the Chief of Naval Oper-
ations on the assessment described in paragraph (1). 
(3) The date on which the Secretary of Defense certifies 
to the congressional defense committees that the risks to readi-
ness of placing such Maritime Prepositioning squadron, or 
component thereof, on reduced operating status are acceptable. 
SEC. 1014. REPORT ON POLICIES AND PRACTICES OF THE NAVY FOR 
NAMING THE VESSELS OF THE NAVY. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to Congress a report on the policies and practices of the Navy 
for naming vessels of the Navy. 
(b) ELEMENTS.—The report required by subsection (a) shall 
set forth the following: 
(1) A description of the current policies and practices of 
the Navy for naming vessels of the Navy. 
(2) A description of the extent to which the policies and 
practices described under paragraph (1) vary from historical 
policies and practices of the Navy for naming vessels of the 
Navy, and an explanation for such variances (if any). 
(3) An assessment of the feasibility and advisability of 
establishing fixed policies for the naming of one or more classes 
of vessels of the Navy, and a statement of the policies rec-
ommended to apply to each class of vessels recommended to 
be covered by such fixed policies if the establishment of such 
fixed policies is considered feasible and advisable.
H. R. 1540—264 
(4) Any other matters relating to the policies and practices 
of the Navy for naming vessels of the Navy that the Secretary 
of Defense considers appropriate. 
SEC. 1015. TRANSFER OF CERTAIN HIGH-SPEED FERRIES TO THE NAVY. 
(a) TRANSFER FROM MARAD AUTHORIZED.—The Secretary of 
the Navy may, subject to appropriations, from funds available for 
the Department of Defense for fiscal year 2012, provide to the 
Maritime Administration of the Department of Transportation an 
amount not to exceed $35,000,000 for the transfer by the Maritime 
Administration to the Department of the Navy of jurisdiction and 
control over the vessels as follows: 
(1) M/V HUAKAI. 
(2) M/V ALAKAI. 
(b) USE AS DEPARTMENT OF DEFENSE SEALIFT VESSELS.—Each 
vessel transferred to the Department of the Navy under subsection 
(a) shall be administered as a Department of Defense sealift vessel 
(as such term is defined in section 2218(k)(2) of title 10, United 
States Code). 
SEC. 1016. MODIFICATION OF CONDITIONS ON STATUS OF RETIRED 
AIRCRAFT CARRIER EX-JOHN F. KENNEDY. 
Section 1011(c)(2) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2374) is amended by striking ‘‘shall require’’ and all that 
follows and inserting ‘‘may, notwithstanding paragraph (1), demili-
tarize the vessel in preparation for the transfer.’’. 
SEC. 1017. ASSESSMENT OF STATIONING OF ADDITIONAL DDG–51 
CLASS DESTROYERS AT NAVAL STATION MAYPORT, 
FLORIDA. 
(a) NAVY ASSESSMENT REQUIRED.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Secretary of the Navy shall 
conduct an analysis of the costs and benefits of stationing 
additional DDG–51 class destroyers at Naval Station Mayport, 
Florida. 
(2) ELEMENTS.—The analysis required by paragraph (1) 
shall include, at a minimum, the following: 
(A) Consideration of the negative effects on the ship 
repair industrial base at Naval Station Mayport caused 
by the retirement of FFG–7 class frigates and the procure-
ment delays of the Littoral Combat Ship, including, in 
particular, the increase in costs (which would be passed 
on to the taxpayer) of reconstituting the ship repair indus-
trial base at Naval Station Mayport following the projected 
drastic decrease in workload. 
(B) Updated consideration of life extensions of FFG– 
7 class frigates in light of continued delays in deliveries 
of the Littoral Combat Ship deliveries. 
(C) Consideration of the possibility of bringing addi-
tional surface warships to Naval Station Mayport for 
maintenance with the consequence of spreading the ship 
repair workload appropriately amongst the various public 
and private shipyards and ensuring the long-term health 
of the shipyard in Mayport. 
(b) COMPTROLLER GENERAL OF THE UNITED STATES ASSESS-
MENT.—Not later than 120 days after the submittal of the report
H. R. 1540—265 
required by subsection (a), the Comptroller General of the United 
States shall submit to Congress an assessment by the Comptroller 
General of the report, including a determination whether or not 
the report complies with applicable best practices. 
Subtitle D—Counterterrorism 
SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF 
THE UNITED STATES TO DETAIN COVERED PERSONS 
PURSUANT TO THE AUTHORIZATION FOR USE OF MILI-
TARY FORCE. 
(a) IN GENERAL.—Congress affirms that the authority of the 
President to use all necessary and appropriate force pursuant to 
the Authorization for Use of Military Force (Public Law 107–40; 
50 U.S.C. 1541 note) includes the authority for the Armed Forces 
of the United States to detain covered persons (as defined in sub-
section (b)) pending disposition under the law of war. 
(b) COVERED PERSONS.—A covered person under this section 
is any person as follows: 
(1) A person who planned, authorized, committed, or aided 
the terrorist attacks that occurred on September 11, 2001, 
or harbored those responsible for those attacks. 
(2) A person who was a part of or substantially supported 
al-Qaeda, the Taliban, or associated 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. 
(c) DISPOSITION UNDER LAW OF WAR.—The disposition of a 
person under the law of war as described in subsection (a) may 
include the following: 
(1) Detention under the law of war without trial until 
the end of the hostilities authorized by the Authorization for 
Use of Military Force. 
(2) Trial under chapter 47A of title 10, United States 
Code (as amended by the Military Commissions Act of 2009 
(title XVIII of Public Law 111–84)). 
(3) Transfer for trial by an alternative court or competent 
tribunal having lawful jurisdiction. 
(4) Transfer to the custody or control of the person’s country 
of origin, any other foreign country, or any other foreign entity. 
(d) CONSTRUCTION.—Nothing in this section is intended to limit 
or expand the authority of the President or the scope of the 
Authorization for Use of Military Force. 
(e) AUTHORITIES.—Nothing in this section shall be construed 
to affect existing law or authorities relating to the detention of 
United States citizens, lawful resident aliens of the United States, 
or any other persons who are captured or arrested in the United 
States. 
(f) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—The Secretary 
of Defense shall regularly brief Congress regarding the application 
of the authority described in this section, including the organiza-
tions, entities, and individuals considered to be ‘‘covered persons’’ 
for purposes of subsection (b)(2).
H. R. 1540—266 
SEC. 1022. MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS. 
(a) CUSTODY PENDING DISPOSITION UNDER LAW OF WAR.— 
(1) IN GENERAL.—Except as provided in paragraph (4), the 
Armed Forces of the United States shall hold a person described 
in paragraph (2) who is captured in the course of hostilities 
authorized by the Authorization for Use of Military Force 
(Public Law 107–40) in military custody pending disposition 
under the law of war. 
(2) COVERED PERSONS.—The requirement in paragraph (1) 
shall apply to any person whose detention is authorized under 
section 1021 who is determined— 
(A) to be a member of, or part of, al-Qaeda or an 
associated force that acts in coordination with or pursuant 
to the direction of al-Qaeda; and 
(B) to have participated in the course of planning or 
carrying out an attack or attempted attack against the 
United States or its coalition partners. 
(3) DISPOSITION UNDER LAW OF WAR.—For purposes of this 
subsection, the disposition of a person under the law of war 
has the meaning given in section 1021(c), except that no 
transfer otherwise described in paragraph (4) of that section 
shall be made unless consistent with the requirements of sec-
tion 1028. 
(4) WAIVER FOR NATIONAL SECURITY.—The President may 
waive the requirement of paragraph (1) if the President submits 
to Congress a certification in writing that such a waiver is 
in the national security interests of the United States. 
(b) APPLICABILITY TO UNITED STATES CITIZENS AND LAWFUL 
RESIDENT ALIENS.— 
(1) UNITED STATES CITIZENS.—The requirement to detain 
a person in military custody under this section does not extend 
to citizens of the United States. 
(2) LAWFUL RESIDENT ALIENS.—The requirement to detain 
a person in military custody under this section does not extend 
to a lawful resident alien of the United States on the basis 
of conduct taking place within the United States, except to 
the extent permitted by the Constitution of the United States. 
(c) IMPLEMENTATION PROCEDURES.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of the enactment of this Act, the President shall issue, and 
submit to Congress, procedures for implementing this section. 
(2) ELEMENTS.—The procedures for implementing this sec-
tion shall include, but not be limited to, procedures as follows: 
(A) Procedures designating the persons authorized to 
make determinations under subsection (a)(2) and the 
process by which such determinations are to be made. 
(B) Procedures providing that the requirement for mili-
tary custody under subsection (a)(1) does not require the 
interruption of ongoing surveillance or intelligence gath-
ering with regard to persons not already in the custody 
or control of the United States. 
(C) Procedures providing that a determination under 
subsection (a)(2) is not required to be implemented until 
after the conclusion of an interrogation which is ongoing 
at the time the determination is made and does not require 
the interruption of any such ongoing interrogation.
H. R. 1540—267 
(D) Procedures providing that the requirement for mili-
tary custody under subsection (a)(1) does not apply when 
intelligence, law enforcement, or other Government officials 
of the United States are granted access to an individual 
who remains in the custody of a third country. 
(E) Procedures providing that a certification of national 
security interests under subsection (a)(4) may be granted 
for the purpose of transferring a covered person from a 
third country if such a transfer is in the interest of the 
United States and could not otherwise be accomplished. 
(d) AUTHORITIES.—Nothing in this section shall be construed 
to affect the existing criminal enforcement and national security 
authorities of the Federal Bureau of Investigation or any other 
domestic law enforcement agency with regard to a covered person, 
regardless whether such covered person is held in military custody. 
(e) EFFECTIVE DATE.—This section shall take effect on the 
date that is 60 days after the date of the enactment of this Act, 
and shall apply with respect to persons described in subsection 
(a)(2) who are taken into the custody or brought under the control 
of the United States on or after that effective date. 
SEC. 1023. PROCEDURES FOR PERIODIC DETENTION REVIEW OF 
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
(a) PROCEDURES REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate committees of Congress a report 
setting forth procedures for implementing the periodic review 
process required by Executive Order No. 13567 for individuals 
detained at United States Naval Station, Guantanamo Bay, Cuba, 
pursuant to the Authorization for Use of Military Force (Public 
Law 107–40; 50 U.S.C. 1541 note). 
(b) COVERED MATTERS.—The procedures submitted under sub-
section (a) shall, at a minimum— 
(1) clarify that the purpose of the periodic review process 
is not to determine the legality of any detainee’s law of war 
detention, but to make discretionary determinations whether 
or not a detainee represents a continuing threat to the security 
of the United States; 
(2) clarify that the Secretary of Defense is responsible 
for any final decision to release or transfer an individual 
detained in military custody at United States Naval Station, 
Guantanamo Bay, Cuba, pursuant to the Executive Order 
referred to in subsection (a), and that in making such a final 
decision, the Secretary shall consider the recommendation of 
a periodic review board or review committee established pursu-
ant to such Executive Order, but shall not be bound by any 
such recommendation; 
(3) clarify that the periodic review process applies to any 
individual who is detained as an unprivileged enemy belligerent 
at United States Naval Station, Guantanamo Bay, Cuba, at 
any time; and 
(4) ensure that appropriate consideration is given to factors 
addressing the need for continued detention of the detainee, 
including— 
(A) the likelihood the detainee will resume terrorist 
activity if transferred or released;
H. R. 1540—268 
(B) the likelihood the detainee will reestablish ties 
with al-Qaeda, the Taliban, or associated forces that are 
engaged in hostilities against the United States or its coali-
tion partners if transferred or released; 
(C) the likelihood of family, tribal, or government 
rehabilitation or support for the detainee if transferred 
or released; 
(D) the likelihood the detainee may be subject to trial 
by military commission; and 
(E) any law enforcement interest in the detainee. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services and the Select Com-
mittee on Intelligence of the Senate; and 
(2) the Committee on Armed Services and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives. 
SEC. 1024. PROCEDURES FOR STATUS DETERMINATIONS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the appropriate committees of Congress a report setting forth 
the procedures for determining the status of persons detained pursu-
ant to the Authorization for Use of Military Force (Public Law 
107–40; 50 U.S.C. 1541 note) for purposes of section 1021. 
(b) ELEMENTS OF PROCEDURES.—The procedures required by 
this section shall provide for the following in the case of any 
unprivileged enemy belligerent who will be held in long-term deten-
tion under the law of war pursuant to the Authorization for Use 
of Military Force: 
(1) A military judge shall preside at proceedings for the 
determination of status of an unprivileged enemy belligerent. 
(2) An unprivileged enemy belligerent may, at the election 
of the belligerent, be represented by military counsel at pro-
ceedings for the determination of status of the belligerent. 
(c) APPLICABILITY.—The Secretary of Defense is not required 
to apply the procedures required by this section in the case of 
a person for whom habeas corpus review is available in a Federal 
court. 
(d) REPORT ON MODIFICATION OF PROCEDURES.—The Secretary 
of Defense shall submit to the appropriate committees of Congress 
a report on any modification of the procedures submitted under 
this section. The report on any such modification shall be so sub-
mitted not later than 60 days before the date on which such modi-
fication goes into effect. 
(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services and the Select Com-
mittee on Intelligence of the Senate; and 
(2) the Committee on Armed Services and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives. 
SEC. 1025. REQUIREMENT FOR NATIONAL SECURITY PROTOCOLS GOV-
ERNING DETAINEE COMMUNICATIONS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall develop 
and submit to the congressional defense committees a national
H. R. 1540—269 
security protocol governing communications to and from individuals 
detained at United States Naval Station, Guantanamo Bay, Cuba, 
pursuant to the Authorization for Use of Military Force (Public 
Law 107–40; 50 U.S.C. 1541 note), and related issues. 
(b) CONTENTS.—The protocol developed pursuant to subsection 
(a) shall include Department of Defense policies and procedures 
regarding each of the following: 
(1) Detainee access to military or civilian legal representa-
tion, or both, including any limitations on such access and 
the manner in which any applicable legal privileges will be 
balanced with national security considerations. 
(2) Detainee communications with persons other than Fed-
eral Government personnel and members of the Armed Forces, 
including meetings, mail, phone calls, and video teleconferences, 
including— 
(A) any limitations on categories of information that 
may be discussed or materials that may be shared; and 
(B) the process by which such communications or mate-
rials are to be monitored or reviewed. 
(3) The extent to which detainees may receive visits by 
persons other than military or civilian representatives. 
(4) The measures planned to be taken to implement and 
enforce the provisions of the protocol. 
(c) UPDATES.—The Secretary of Defense shall notify the congres-
sional defense committees of any significant change to the policies 
and procedures described in the protocol submitted pursuant to 
subsection (a) not later than 30 days after such change is made. 
(d) FORM OF PROTOCOL.—The protocol submitted pursuant to 
subsection (a) may be submitted in classified form. 
SEC. 1026. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 
FACILITIES 
IN 
THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be appropriated 
or otherwise made available to the Department of Defense for 
fiscal year 2012 may be used to construct or modify any facility 
in the United States, its territories, or possessions to house any 
individual detained at Guantanamo for the purposes of detention 
or imprisonment in the custody or under the control of the Depart-
ment of Defense unless authorized by Congress. 
(b) EXCEPTION.—The prohibition in subsection (a) shall not 
apply to any modification of facilities at United States Naval Sta-
tion, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this 
section, the term ‘‘individual detained at Guantanamo’’ has the 
meaning given that term in section 1028(e)(2). 
(d) REPEAL OF SUPERSEDED AUTHORITY.—Section 1034 of the 
Ike Skelton National Defense Authorization Act for Fiscal Year 
2011 (Public Law 111–383; 124 Stat. 4353) is amended by striking 
subsections (a), (b), and (c). 
SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT UNITED 
STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated by this Act 
for fiscal year 2012 may be used to transfer, release, or assist
H. R. 1540—270 
in the transfer or release to or within the United States, its terri-
tories, or possessions of Khalid Sheikh Mohammed or any other 
detainee who— 
(1) is not a United States citizen or a member of the 
Armed Forces of the United States; and 
(2) is or was held on or after January 20, 2009, at United 
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 1028. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE 
TRANSFER OF DETAINEES AT UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES 
AND OTHER FOREIGN ENTITIES. 
(a) CERTIFICATION REQUIRED PRIOR TO TRANSFER.— 
(1) IN GENERAL.—Except as provided in paragraph (2) and 
subsection (d), the Secretary of Defense may not use any 
amounts authorized to be appropriated or otherwise available 
to the Department of Defense for fiscal year 2012 to transfer 
any individual detained at Guantanamo to the custody or con-
trol of the individual’s country of origin, any other foreign 
country, or any other foreign entity unless the Secretary sub-
mits to Congress the certification described in subsection (b) 
not later than 30 days before the transfer of the individual. 
(2) EXCEPTION.—Paragraph (1) shall not apply to any action 
taken by the Secretary to transfer any individual detained 
at Guantanamo to effectuate— 
(A) an order affecting the disposition of the individual 
that is issued by a court or competent tribunal of the 
United States having lawful jurisdiction (which the Sec-
retary shall notify Congress of promptly after issuance); 
or 
(B) a pre-trial agreement entered in a military commis-
sion case prior to the date of the enactment of this Act. 
(b) CERTIFICATION.—A certification described in this subsection 
is a written certification made by the Secretary of Defense, with 
the concurrence of the Secretary of State and in consultation with 
the Director of National Intelligence, that— 
(1) the government of the foreign country or the recognized 
leadership of the foreign entity to which the individual detained 
at Guantanamo is to be transferred— 
(A) is not a designated state sponsor of terrorism or 
a designated foreign terrorist organization; 
(B) maintains control over each detention facility in 
which the individual is to be detained if the individual 
is to be housed in a detention facility; 
(C) is not, as of the date of the certification, facing 
a threat that is likely to substantially affect its ability 
to exercise control over the individual; 
(D) has taken or agreed to take effective actions to 
ensure that the individual cannot take action to threaten 
the United States, its citizens, or its allies in the future; 
(E) has taken or agreed to take such actions as the 
Secretary of Defense determines are necessary to ensure 
that the individual cannot engage or reengage in any ter-
rorist activity; and 
(F) has agreed to share with the United States any 
information that—
H. R. 1540—271 
(i) is related to the individual or any associates 
of the individual; and 
(ii) could affect the security of the United States, 
its citizens, or its allies; and 
(2) includes an assessment, in classified or unclassified 
form, of the capacity, willingness, and past practices (if 
applicable) of the foreign country or entity in relation to the 
Secretary’s certifications. 
(c) PROHIBITION IN CASES OF PRIOR CONFIRMED RECIDIVISM.— 
(1) PROHIBITION.—Except as provided in paragraph (2) and 
subsection (d), the Secretary of Defense may not use any 
amounts authorized to be appropriated or otherwise made avail-
able to the Department of Defense to transfer any individual 
detained at Guantanamo to the custody or control of the individ-
ual’s country of origin, any other foreign country, or any other 
foreign entity if there is a confirmed case of any individual 
who was detained at United States Naval Station, Guantanamo 
Bay, Cuba, at any time after September 11, 2001, who was 
transferred to such foreign country or entity and subsequently 
engaged in any terrorist activity. 
(2) EXCEPTION.—Paragraph (1) shall not apply to any action 
taken by the Secretary to transfer any individual detained 
at Guantanamo to effectuate— 
(A) an order affecting the disposition of the individual 
that is issued by a court or competent tribunal of the 
United States having lawful jurisdiction (which the Sec-
retary shall notify Congress of promptly after issuance); 
or 
(B) a pre-trial agreement entered in a military commis-
sion case prior to the date of the enactment of this Act. 
(d) NATIONAL SECURITY WAIVER.— 
(1) IN GENERAL.—The Secretary of Defense may waive the 
applicability to a detainee transfer of a certification requirement 
specified in subparagraph (D) or (E) of subsection (b)(1) or 
the prohibition in subsection (c), if the Secretary certifies the 
rest of the criteria required by subsection (b) for transfers 
prohibited by subsection (c) and, with the concurrence of the 
Secretary of State and in consultation with the Director of 
National Intelligence, determines that— 
(A) alternative actions will be taken to address the 
underlying purpose of the requirement or requirements 
to be waived; 
(B) in the case of a waiver of subparagraph (D) or 
(E) of subsection (b)(1), it is not possible to certify that 
the risks addressed in the paragraph to be waived have 
been completely eliminated, but the actions to be taken 
under subparagraph (A) will substantially mitigate such 
risks with regard to the individual to be transferred; 
(C) in the case of a waiver of subsection (c), the Sec-
retary has considered any confirmed case in which an 
individual who was transferred to the country subsequently 
engaged in terrorist activity, and the actions to be taken 
under subparagraph (A) will substantially mitigate the risk 
of recidivism with regard to the individual to be trans-
ferred; and 
(D) the transfer is in the national security interests 
of the United States.
H. R. 1540—272 
(2) REPORTS.—Whenever the Secretary makes a determina-
tion under paragraph (1), the Secretary shall submit to the 
appropriate committees of Congress, not later than 30 days 
before the transfer of the individual concerned, the following: 
(A) A copy of the determination and the waiver con-
cerned. 
(B) A statement of the basis for the determination, 
including— 
(i) an explanation why the transfer is in the 
national security interests of the United States; and 
(ii) in the case of a waiver of subparagraph (D) 
or (E) of subsection (b)(1), an explanation why it is 
not possible to certify that the risks addressed in the 
subparagraph to be waived have been completely elimi-
nated. 
(C) A summary of the alternative actions to be taken 
to address the underlying purpose of, and to mitigate the 
risks addressed in, the subparagraph or subsection to be 
waived. 
(D) The assessment required by subsection (b)(2). 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Select Committee on Intel-
ligence of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Permanent Select Committee 
on Intelligence of the House of Representatives. 
(2) The term ‘‘individual detained at Guantanamo’’ means 
any individual located at United States Naval Station, Guanta-
namo Bay, Cuba, as of October 1, 2009, who— 
(A) is not a citizen of the United States or a member 
of the Armed Forces of the United States; and 
(B) is— 
(i) in the custody or under the control of the 
Department of Defense; or 
(ii) otherwise under detention at United States 
Naval Station, Guantanamo Bay, Cuba. 
(3) The term ‘‘foreign terrorist organization’’ means any 
organization so designated by the Secretary of State under 
section 219 of the Immigration and Nationality Act (8 U.S.C. 
1189). 
(f) REPEAL OF SUPERSEDED AUTHORITY.—Section 1033 of the 
Ike Skelton National Defense Authorization Act for Fiscal Year 
2011 (Public Law 111–383; 124 Stat. 4351) is repealed. 
SEC. 1029. REQUIREMENT FOR CONSULTATION REGARDING PROSECU-
TION OF TERRORISTS. 
(a) IN GENERAL.—Before seeking an indictment of, or otherwise 
charging, an individual described in subsection (b) in a Federal 
court, the Attorney General shall consult with the Director of 
National Intelligence and the Secretary of Defense about— 
(1) whether the more appropriate forum for prosecution 
would be a Federal court or a military commission; and 
(2) whether the individual should be held in civilian custody 
or military custody pending prosecution.
H. R. 1540—273 
(b) APPLICABILITY.—The consultation requirement in subsection 
(a) applies to— 
(1) a person who is subject to the requirements of section 
1022, in accordance with a determination made pursuant to 
subsection (a)(2) of such section; and 
(2) any other person who is held in military detention 
outside of the United States pursuant to the authority affirmed 
by section 1021. 
SEC. 1030. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF 
CAPITAL OFFENSE BY MILITARY COMMISSION. 
(a) CLARIFICATION OF RIGHT.—Section 949m(b)(2) of title 10, 
United States Code, is amended— 
(1) in subparagraph (C), by inserting before the semicolon 
the following: ‘‘, or a guilty plea was accepted and not with-
drawn prior to announcement of the sentence in accordance 
with section 949i(b) of this title’’; and 
(2) in subparagraph (D), by inserting ‘‘on the sentence’’ 
after ‘‘vote was taken’’. 
(b) PRE-TRIAL AGREEMENTS.—Section 949i of such title is 
amended— 
(1) in the first sentence of subsection (b)— 
(A) by inserting after ‘‘military judge’’ the following: 
‘‘, including a charge or specification that has been referred 
capital,’’; 
(B) by inserting ‘‘by the military judge’’ after ‘‘may 
be entered’’; and 
(C) by inserting ‘‘by the members’’ after ‘‘vote’’; and 
(2) by adding at the end the following new subsection: 
‘‘(c) PRE-TRIAL AGREEMENTS.—(1) A plea of guilty made by 
the accused that is accepted by a military judge under subsection 
(b) and not withdrawn prior to announcement of the sentence 
may form the basis for an agreement reducing the maximum sen-
tence approved by the convening authority, including the reduction 
of a sentence of death to a lesser punishment, or that the case 
will be referred to a military commission under this chapter without 
seeking the penalty of death. Such an agreement may provide 
for terms and conditions in addition to a guilty plea by the accused 
in order to be effective. 
‘‘(2) A plea agreement under this subsection may not provide 
for a sentence of death imposed by a military judge alone. A sen-
tence of death may only be imposed by the unanimous vote of 
all members of a military commission concurring in the sentence 
of death as provided in section 949m(b)(2)(D) of this title.’’. 
SEC. 1031. COUNTERTERRORISM OPERATIONAL BRIEFING REQUIRE-
MENT. 
(a) BRIEFINGS REQUIRED.—Beginning not later than March 1, 
2012, the Secretary of Defense shall provide to the congressional 
defense committees quarterly briefings outlining Department of 
Defense counterterrorism operations and related activities involving 
special operations forces. 
(b) ELEMENTS.—Each briefing under subsection (a) shall include 
each of the following: 
(1) A global update on activity within each geographic 
combatant command. 
(2) An overview of authorities and legal issues including 
limitations.
H. R. 1540—274 
(3) An outline of interagency activities and initiatives. 
(4) Any other matters the Secretary considers appropriate. 
SEC. 1032. NATIONAL SECURITY PLANNING GUIDANCE TO DENY SAFE 
HAVENS TO AL-QAEDA AND ITS VIOLENT EXTREMIST 
AFFILIATES. 
(a) PURPOSE.—The purpose of this section is to improve inter-
agency strategic planning and execution to more effectively 
integrate efforts to deny safe havens and strengthen at-risk states 
to further the goals of the National Security Strategy related to 
the disruption, dismantlement, and defeat of al-Qaeda and its vio-
lent extremist affiliates. 
(b) NATIONAL SECURITY PLANNING GUIDANCE.— 
(1) GUIDANCE REQUIRED.—The President shall issue classi-
fied or unclassified national security planning guidance in sup-
port of objectives stated in the national security strategy report 
submitted to Congress by the President pursuant to section 
108 of the National Security Act of 1947 (50 U.S.C. 404a) 
to deny safe havens to al-Qaeda and its violent extremist affili-
ates and to strengthen at-risk states. Such guidance shall serve 
as the strategic plan that governs United States and coordi-
nated international efforts to enhance the capacity of govern-
mental and nongovernmental entities to work toward the goal 
of eliminating the ability of al-Qaeda and its violent extremist 
affiliates to establish or maintain safe havens. 
(2) CONTENTS OF GUIDANCE.—The guidance required under 
paragraph (1) shall include each of the following: 
(A) A prioritized list of specified geographic areas that 
the President determines are necessary to address and 
an explicit discussion and list of the criteria or rationale 
used to prioritize the areas on the list, including a discus-
sion of the conditions that would hamper the ability of 
the United States to strengthen at-risk states or other 
entities in such areas. 
(B) For each specified geographic area, a description, 
analysis, and discussion of the core problems and contrib-
uting issues that allow or could allow al-Qaeda and its 
violent extremist affiliates to use the area as a safe haven 
from which to plan and launch attacks, engage in propa-
ganda, or raise funds and other support, including any 
ongoing or potential radicalization of the population, or 
to use the area as a key transit route for personnel, 
weapons, funding, or other support. 
(C) A list of short-term, mid-term, and long-term goals 
for each specified geographic area, prioritized by impor-
tance. 
(D) A description of the role and mission of each Fed-
eral department and agency involved in executing the guid-
ance, including the Departments of Defense, Justice, 
Treasury, and State and the Agency for International 
Development. 
(E) A description of gaps in United States capabilities 
to meet the goals listed pursuant to subparagraph (C), 
and the extent to which those gaps can be met through 
coordination with nongovernmental, international, or pri-
vate sector organizations, entities, or companies.
H. R. 1540—275 
(3) REVIEW AND UPDATE OF GUIDANCE.—The President shall 
review and update the guidance required under paragraph 
(1) as necessary. Any such review shall address each of the 
following: 
(A) The overall progress made toward achieving the 
goals listed pursuant to paragraph (2)(C), including an 
overall assessment of the progress in denying a safe haven 
to al-Qaeda and its violent extremist affiliates. 
(B) The performance of each Federal department and 
agency involved in executing the guidance. 
(C) The performance of the unified country team and 
appropriate combatant command, or in the case of a cross- 
border effort, country teams in the area and the appropriate 
combatant command. 
(D) Any addition to, deletion from, or change in the 
order of the prioritized list maintained pursuant to para-
graph (2)(A). 
(4) SPECIFIED
GEOGRAPHIC
AREA
DEFINED.—In this sub-
section, the term ‘‘specified geographic area’’ means any 
country, subnational territory, or region— 
(A) that serves or may potentially serve as a safe 
haven for al-Qaeda or a violent extremist affiliate of al- 
Qaeda— 
(i) from which to plan and launch attacks, engage 
in propaganda, or raise funds and other support; or 
(ii) for use as a key transit route for personnel, 
weapons, funding, or other support; and 
(B) over which one or more governments or entities 
exert insufficient governmental or security control to deny 
al-Qaeda and its violent extremist affiliates the ability 
to establish a large scale presence. 
SEC. 1033. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COM-
BATING TERRORISM. 
Section 127b of title 10, United States Code, is amended— 
(1) in subsection (c)(3)(C), by striking ‘‘September 30, 2011’’ 
and inserting ‘‘September 30, 2013’’; and 
(2) in subsection (f)— 
(A) in paragraph (1), by striking ‘‘December’’ and 
inserting ‘‘February’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (C)(ii), by inserting ‘‘and the 
recipient’s geographic location’’ after ‘‘reward’’; and 
(ii) by adding at the end the following new sub-
paragraphs: 
‘‘(E) A description of the status of program implementa-
tion in each geographic combatant command. 
‘‘(F) A description of efforts to coordinate and de-conflict 
the authority under subsection (a) with similar rewards 
programs administered by the United States Government. 
‘‘(G) An assessment of the effectiveness of the program 
in meeting its objectives.’’. 
SEC. 1034. AMENDMENTS RELATING TO THE MILITARY COMMISSIONS 
ACT OF 2009. 
(a) REFERENCE
TO
HOW
CHARGES
ARE
MADE.—Section 
949a(b)(2)(C) of title 10, United States Code, is amended by striking 
‘‘preferred’’ in clauses (i) and (ii) and inserting ‘‘sworn’’.
H. R. 1540—276 
(b) JUDGES OF UNITED STATES COURT OF MILITARY COMMISSION 
REVIEW.—Section 949b(b) of such title is amended— 
(1) in paragraph (1)(A), by striking ‘‘a military appellate 
judge or other duly appointed judge under this chapter on’’ 
and inserting ‘‘a judge on’’; 
(2) in paragraph (2), by striking ‘‘a military appellate judge 
on’’ and inserting ‘‘a judge on’’; and 
(3) in paragraph (3)(B), by striking ‘‘an appellate military 
judge or a duly appointed appellate judge on’’ and inserting 
‘‘a judge on’’. 
(c) PANELS OF UNITED STATES COURT OF MILITARY COMMISSION 
REVIEW.—Section 950f(a) of such title is amended by striking ‘‘appel-
late military judges’’ in the second sentence and inserting ‘‘judges 
on the Court’’. 
(d) REVIEW OF FINAL JUDGMENTS BY UNITED STATES COURT 
OF APPEALS FOR THE D.C. CIRCUIT.— 
(1) CLARIFICATION OF MATTER SUBJECT TO REVIEW.—Sub-
section (a) of section 950g of such title is amended by inserting 
‘‘as affirmed or set aside as incorrect in law by’’ after ‘‘where 
applicable,’’. 
(2) CLARIFICATION
ON
TIME
FOR
SEEKING
REVIEW.—Sub-
section (c) of such section is amended— 
(A) in the matter preceding paragraph (1), by striking 
‘‘by the accused’’ and all that follows through ‘‘which— 
’’ and inserting ‘‘in the Court of Appeals—’’; 
(B) in paragraph (1)— 
(i) by inserting ‘‘not later than 20 days after the 
date on which’’ after ‘‘(1)’’; and 
(ii) by striking ‘‘on the accused or on defense 
counsel’’ and inserting ‘‘on the parties’’; and 
(C) in paragraph (2)— 
(i) by inserting ‘‘if’’ after ‘‘(2)’’; and 
(ii) by inserting before the period the following: 
‘‘, not later than 20 days after the date on which 
such notice is submitted’’. 
Subtitle E—Nuclear Forces 
SEC. 1041. BIENNIAL ASSESSMENT AND REPORT ON THE DELIVERY 
PLATFORMS FOR NUCLEAR WEAPONS AND THE NUCLEAR 
COMMAND AND CONTROL SYSTEM. 
(a) IN GENERAL.—Chapter 23 of title 10, United States Code, 
is amended by adding after section 490 the following new section: 
‘‘§ 490a. Biennial assessment and report on the delivery plat-
forms for nuclear weapons and the nuclear com-
mand and control system 
‘‘(a) BIENNIAL ASSESSMENTS.—(1) For each even-numbered year, 
each covered official shall assess the safety, security, reliability, 
sustainability, performance, and military effectiveness of the sys-
tems described in paragraph (2) for which such official has responsi-
bility. 
‘‘(2) The systems described in this paragraph are the following: 
‘‘(A) Each type of delivery platform for nuclear weapons. 
‘‘(B) The nuclear command and control system.
H. R. 1540—277 
‘‘(b) BIENNIAL REPORT.—(1) Not later than December 1 of each 
even-numbered year, each covered official shall submit to the Sec-
retary of Defense and the Nuclear Weapons Council established 
by section 179 of this title a report on the assessments conducted 
under subsection (a). 
‘‘(2) Each report under paragraph (1) shall include the following: 
‘‘(A) The results of the assessment. 
‘‘(B) An identification and discussion of any capability gaps 
or shortfalls with respect to the systems described in subsection 
(a)(2) covered under the assessment. 
‘‘(C) An identification and discussion of any risks with 
respect to meeting mission or capability requirements. 
‘‘(D) In the case of an assessment by the Commander 
of the United States Strategic Command, if the Commander 
identifies any deficiency with respect to a nuclear weapons 
delivery platform covered under the assessment, a discussion 
of the relative merits of any other nuclear weapons delivery 
platform type or compensatory measure that would accomplish 
the mission of such nuclear weapons delivery platform. 
‘‘(E) An identification and discussion of any matter having 
an adverse effect on the capability of the covered official to 
accurately determine the matters covered by the assessment. 
‘‘(c) REPORT TO PRESIDENT AND CONGRESS.—(1) Not later than 
March 1 of each year following a year for which a report under 
subsection (b) is submitted, the Secretary of Defense shall submit 
to the President a report containing— 
‘‘(A) each report under subsection (b) submitted during 
the previous year, as originally submitted to the Secretary; 
‘‘(B) any comments that the Secretary considers appropriate 
with respect to each such report; 
‘‘(C) any conclusions that the Secretary considers appro-
priate with respect to the safety, security, reliability, sustain-
ability, performance, or military effectiveness of the systems 
described in subsection (a)(2); and 
‘‘(D) any other information that the Secretary considers 
appropriate. 
‘‘(2) Not later than March 15 of each year during which a 
report under paragraph (1) is submitted, the President shall 
transmit to the congressional defense committees the report sub-
mitted to the President under paragraph (1), including any com-
ments the President considers appropriate. 
‘‘(3) Each report under this subsection may be in classified 
form if the Secretary of Defense determines it necessary. 
‘‘(d) COVERED OFFICIAL DEFINED.—In this section, the term 
‘covered official’ means— 
‘‘(1) the Commander of the United States Strategic Com-
mand; 
‘‘(2) the Director of the Strategic Systems Program of the 
Navy; and 
‘‘(3) the Commander of the Global Strike Command of 
the Air Force.’’. 
(b) INITIAL ASSESSMENT AND REPORTS.—Not later than 30 days 
after the date of enactment of this Act, each covered official, as 
such term is defined in subsection (d) of section 490a of title 
10, United States Code, as added by subsection (a), shall conduct 
an initial assessment as described by subsection (a) of such section 
and submit an initial report as described by subsection (b) of such
H. R. 1540—278 
section. The requirements of subsection (c) of such section shall 
apply with respect to the report submitted under this subsection. 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item related 
to section 490 the following new item: 
‘‘490a. Biennial assessment and report on the delivery platforms for nuclear weap-
ons and the nuclear command and control system.’’. 
SEC. 1042. PLAN ON IMPLEMENTATION OF THE NEW START TREATY. 
(a) PLAN REQUIRED.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Secretary of the Navy, the Secretary of the Air 
Force, and the Commander of the United States Strategic Com-
mand, shall submit to the congressional defense committees and 
to the Committee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate a plan 
for the Department of Defense to implement the nuclear force 
reductions, limitations, and verification and transparency measures 
contained in the New START Treaty. 
(b) MATTERS INCLUDED.—The plan under subsection (a) shall 
include the following: 
(1) A description of the nuclear force structure of the United 
States under the New START Treaty, including— 
(A) the composition of intercontinental ballistic mis-
siles, submarine launched ballistic missiles, and bombers; 
(B) the planned composition of the types and quantity 
of warheads for each delivery vehicle described in subpara-
graph (A); 
(C) the number of nondeployed and retired warheads; 
and 
(D) the plans for maintaining the flexibility of the 
nuclear force structure within the limits of the New START 
Treaty. 
(2) A description of changes necessary to implement the 
reductions, limitations, and verification and transparency meas-
ures contained in the New START Treaty, including— 
(A) how each military department plans to implement 
such changes; and 
(B) an identification of any programmatic, operational, 
or policy effects resulting from such changes. 
(3) The total costs associated with the reductions, limita-
tions, and verification and transparency measures contained 
in the New START Treaty, and the funding profile by year 
and program element. 
(4) An implementation schedule and associated key decision 
points. 
(5) A description of options for and feasibility of accelerating 
the implementation of the New START Treaty, including a 
description of any potential cost savings, benefits, or risks 
resulting from such acceleration. 
(6) Any other information the Secretary considers nec-
essary. 
(c) COMPTROLLER GENERAL REVIEW.—Not later than 180 days 
after the date on which the plan is submitted under subsection 
(a), the Comptroller General of the United States shall submit 
to the congressional defense committees a review of the plan.
H. R. 1540—279 
(d) FORM.—The plan under subsection (a) and the review under 
subsection (c) shall be submitted in unclassified form, but may 
include a classified annex. 
(e) NEW START TREATY DEFINED.—In this section, the term 
‘‘New START Treaty’’ means the Treaty between the United States 
of America and the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive Arms, signed on 
April 8, 2010, and entered into force on February 5, 2011. 
SEC. 1043. ANNUAL REPORT ON THE PLAN FOR THE NUCLEAR 
WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, 
NUCLEAR WEAPONS DELIVERY SYSTEMS, AND NUCLEAR 
WEAPONS COMMAND AND CONTROL SYSTEM. 
(a) REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS STOCK-
PILE, NUCLEAR WEAPONS COMPLEX, NUCLEAR WEAPONS DELIVERY 
SYSTEMS, 
AND
NUCLEAR
WEAPONS
COMMAND
AND
CONTROL 
SYSTEM.— 
(1) IN GENERAL.—Together with the budget of the President 
submitted to Congress under section 1105(a) of title 31, United 
States Code, for each of fiscal years 2013 through 2019, the 
President, in consultation with the Secretary of Defense and 
the Secretary of Energy, shall transmit to the congressional 
defense committees, the Committee on Foreign Relations of 
the Senate, and the Committee on Foreign Affairs of the House 
of Representatives a detailed report on the plan for the nuclear 
weapons stockpile, nuclear weapons complex, nuclear weapons 
delivery systems, and nuclear weapons command and control 
system. 
(2) ELEMENTS.—Each report required under paragraph (1) 
shall include the following: 
(A) A detailed description of the plan to enhance the 
safety, security, and reliability of the nuclear weapons 
stockpile of the United States. 
(B) A detailed description of the plan to sustain and 
modernize 
the 
nuclear 
weapons 
complex, 
including 
improving the safety of facilities, modernizing the infra-
structure, and maintaining the key capabilities and com-
petencies of the nuclear weapons workforce, including 
designers and technicians. 
(C) A detailed description of the plan to maintain, 
modernize, and replace delivery systems for nuclear 
weapons. 
(D) A detailed description of the plan to sustain and 
modernize the nuclear weapons command and control 
system. 
(E) A detailed description of any plans to retire, dis-
mantle, or eliminate any nuclear warheads or bombs, 
nuclear weapons delivery systems, or any platforms 
(including silos and submarines) which carry such nuclear 
warheads, bombs, or delivery systems. 
(F) A detailed estimate of budget requirements, 
including the costs associated with the plans outlined under 
subparagraphs (A) through (E), over the 10-year period 
following the date of the report. 
(G) A detailed description of the steps taken to imple-
ment the plan submitted in the previous year, including
H. R. 1540—280 
difficulties encountered in implementing the plan in the 
previous year. 
(b) FORM.—The reports under subsection (a) shall be submitted 
in unclassified form (including as much detail as possible), but 
may include a classified annex. 
SEC. 1044. SENSE OF CONGRESS ON NUCLEAR FORCE REDUCTIONS. 
It is the sense of Congress that— 
(1) any reductions in the nuclear forces of the United 
States should be supported by a thorough assessment of the 
strategic environment, threat, and policy and the technical 
and operational implications of such reductions; and 
(2) specific criteria are necessary to guide future decisions 
regarding further reductions in the nuclear forces of the United 
States. 
SEC. 1045. NUCLEAR FORCE REDUCTIONS. 
(a) IMPLEMENTATION OF NEW START TREATY.— 
(1) SENSE OF CONGRESS.—It is the Sense of Congress that— 
(A) the United States is committed to maintaining 
a safe, secure, reliable, and credible nuclear deterrent; 
(B) the United States should undertake and support 
an enduring stockpile stewardship program and maintain 
and modernize nuclear weapons production capabilities and 
capacities to ensure the safety, security, reliability, and 
credibility of the United States nuclear deterrent and to 
meet requirements for hedging against possible inter-
national developments or technical problems; 
(C) the United States should maintain nuclear weapons 
laboratories and plants and preserve the intellectual infra-
structure, including competencies and skill sets; and 
(D) the United States should provide the necessary 
resources to achieve these goals, using as a starting point 
the levels set forth in the President’s 10-year plan provided 
to Congress pursuant to section 1251 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549). 
(2) REPORT.—If the President determines that an appro-
priations Act is enacted that fails to meet the resource require-
ments set forth in the plan referred to in section 1251 of 
the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2549), or, if at any time, deter-
mines that more resources are required to carry out such plan 
than were estimated, the President shall submit to Congress, 
within 60 days of making such a determination, a report 
detailing— 
(A) a plan to address the resource shortfall; 
(B) if more resources are required to carry out the 
plan than were estimated, the level of funding needed, 
and a detailed explanation of the purpose or purposes 
for which the additional resources will be used; 
(C) any effects on the safety, security, reliability, or 
credibility of United States nuclear forces due to the short-
fall or the identified additional resources required; and 
(D) an explanation of whether any planned reductions 
in United States nuclear forces are still in the national 
interest of the United States in view of the resource short-
fall or the identification of additional required resources.
H. R. 1540—281 
(b) ANNUAL REPORT
ON
THE NUCLEAR WEAPONS STOCKPILE 
OF THE UNITED STATES.— 
(1) SENSE OF CONGRESS.—It is the sense of Congress that— 
(A) sustained investments in the nuclear weapons 
stockpile and the nuclear security complex are needed to 
ensure a safe, secure, reliable, and credible nuclear deter-
rent; and 
(B) such investments could enable additional future 
reductions in the hedge stockpile. 
(2) REPORT REQUIRED.—Not later than March 1, 2012, and 
annually thereafter, the Secretary of Defense shall submit to 
the congressional defense committees a report on the nuclear 
weapons stockpile of the United States that includes the fol-
lowing: 
(A) An accounting of the weapons in the stockpile 
as of the end of the fiscal year preceding the submission 
of the report that includes all weapons in the active and 
inactive stockpiles, both deployed and non-deployed, and 
all categories and readiness states of such weapons. 
(B) The planned force levels for each category of 
nuclear weapon over the course of the future-years defense 
program submitted to Congress under section 221 of title 
10, United States Code, for the fiscal year following the 
fiscal year in which the report is submitted. 
(c) NET ASSESSMENT OF NUCLEAR FORCE LEVELS REQUIRED 
WITH RESPECT TO CERTAIN PROPOSALS TO REDUCE THE NUCLEAR 
WEAPONS STOCKPILE OF THE UNITED STATES.— 
(1) IN GENERAL.—If, during any year beginning after the 
date of the enactment of this Act, the President makes a pro-
posal described in subsection (b)— 
(A) the Commander of United States Strategic Com-
mand shall conduct a net assessment of the current and 
proposed nuclear forces of the United States and of other 
countries that possess nuclear weapons to determine 
whether the nuclear forces of the United States are antici-
pated to be capable of meeting the objectives of the United 
States with respect to nuclear deterrence, extended deter-
rence, assurance of allies, and defense; 
(B) the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives the assessment described in subpara-
graph (A), unchanged, together with the explanatory views 
of the Secretary, as the Secretary deems appropriate; and 
(C) the Administrator of the National Nuclear Security 
Administration shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a 
report describing the current capacities of the United States 
nuclear weapons infrastructure to respond to a strategic 
development or technical problem in the United States 
nuclear weapons stockpile. 
(2) PROPOSAL DESCRIBED.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), a proposal described in this paragraph is a proposal 
to reduce the number of nuclear weapons in the active 
or inactive stockpiles of the United States to a level that 
is lower than the level on the date of the enactment of 
this Act.
H. R. 1540—282 
(B) EXCEPTIONS.—A proposal described in this para-
graph does not include— 
(i) reductions that are a direct result of activities 
associated 
with 
routine 
stockpile 
stewardship, 
including stockpile surveillance, logistics, or mainte-
nance; or 
(ii) nuclear weapons retired or awaiting dismantle-
ment on the date of the enactment of this Act. 
(3) TERMINATION.—The requirement in paragraph (1) shall 
terminate on December 31, 2017. 
SEC. 1046. NUCLEAR EMPLOYMENT STRATEGY OF THE UNITED STATES. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) any future modification to the nuclear employment 
strategy of the United States should maintain or enhance the 
ability of the nuclear forces of the United States to support 
the goals of the United States with respect to nuclear deter-
rence, extended deterrence, and assurances for allies, and the 
defense of the United States; and 
(2) the oversight responsibility of Congress includes over-
sight of the nuclear employment strategy of the United States 
and that therefore the Chairmen and Ranking Members of 
the Committees on Armed Services of the Senate and House 
of Representatives, and such professional staff as they des-
ignate, should have access to the nuclear employment strategy 
of the United States. 
(b) REPORTS ON MODIFICATION OF STRATEGY.— 
(1) IN GENERAL.—Chapter 23 title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 491. Nuclear employment strategy of the United States: 
reports on modification of strategy 
‘‘On the date on which the President issues a nuclear employ-
ment strategy of the United States that differs from the nuclear 
employment strategy of the United States then in force, the Presi-
dent shall submit to Congress a report setting forth the following: 
‘‘(1) A description of the modifications to nuclear employ-
ment strategy of the United States made by the strategy so 
issued. 
‘‘(2) An assessment of effects of such modification for the 
nuclear posture of the United States. 
‘‘(3) The implication of such changes on the flexibility and 
resilience of the strategic forces of the United States and the 
ability of such forces to support the goals of the United States 
with respect to nuclear deterrence, extended deterrence, assur-
ance, and defense.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 23 of such title is amended by adding 
at the end the following new item: 
‘‘491. Nuclear employment strategy of the United States: reports on modification of 
strategy.’’. 
SEC. 1047. COMPTROLLER GENERAL REPORT ON NUCLEAR WEAPON 
CAPABILITIES AND FORCE STRUCTURE REQUIREMENTS. 
(a) COMPTROLLER GENERAL STUDY REQUIRED.—The Comptroller 
General of the United States shall conduct a study on the strategic
H. R. 1540—283 
nuclear weapons capabilities, force structure, employment policy, 
and targeting requirements of the Department of Defense. 
(b) MATTERS COVERED.—The study conducted under subsection 
(a) shall, at minimum, cover the following: 
(1) An update to the September 1991 report of the Comp-
troller 
General 
(GAO/NSIAD–91–319FS) 
titled 
‘‘Strategic 
Weapons: 
Nuclear 
Weapons 
Targeting 
Process’’ 
that 
addresses— 
(A) the relationship between the strategic nuclear tar-
geting process and the determination of requirements for 
nuclear weapons and related delivery systems; 
(B) the level of civilian oversight; 
(C) the categories and types of targets; and 
(D) any other matters addressed in such report or 
are otherwise considered appropriate by the Comptroller 
General. 
(2) The process and rigor used to determine the effective-
ness of nuclear weapons capabilities, force structures, employ-
ment policies, and targeting requirements in achieving the 
goals of deterrence, extended deterrence, assurance, and 
defense. 
(3) An assessment of the requirements of the Department 
of Defense for strategic nuclear bomber aircraft and interconti-
nental ballistic missiles, including assessments of the extent 
to which the Secretary of Defense has— 
(A) determined the force structure and capability 
requirements for nuclear-capable strategic bomber aircraft, 
bomber-delivered nuclear weapons, and intercontinental 
ballistic missiles; 
(B) synchronized the requirements described in 
subparagraph (A) with plans to extend the service life 
of nuclear gravity bombs, nuclear-armed cruise missiles, 
and intercontinental ballistic missile warheads; and 
(C) evaluated long-term intercontinental ballistic mis-
sile alert posture requirements and basing options. 
(c) REPORTS.— 
(1) IN GENERAL.—The Comptroller General shall submit 
to the congressional defense committees one or more reports 
on the study conducted under subsection (a). 
(2) FORM.—Any report submitted under this subsection 
may be submitted in classified form, but if so submitted, an 
unclassified version shall also be submitted with such submis-
sion or at a later date. 
(d) COOPERATION.—The Secretary of Defense and Secretary of 
Energy shall provide the Comptroller General full cooperation and 
access to appropriate officials and information for the purposes 
of conducting this study under subsection (a). 
SEC. 1048. REPORT ON FEASIBILITY OF JOINT REPLACEMENT FUZE 
PROGRAM. 
Not later than December 31, 2012, the Secretary of the Navy 
and the Secretary of the Air Force shall jointly submit to the 
congressional defense committees a report on the feasibility of the 
joint replacement fuze program for nuclear warheads of the Navy 
and the Air Force. The report shall include an assessment of the 
feasibility of including various options in the joint fuze and how
H. R. 1540—563 
‘‘(iii) begin evaluating, each fiscal year, whether 
each small business concern that received a Phase 
I SBIR or STTR award from the agency meets the 
minimum performance standard established under 
clause (ii). 
‘‘(B) CONSEQUENCE
OF
FAILURE
TO
MEET
MINIMUM 
COMMERCIALIZATION RATE.—If the head of a Federal agency 
determines that a small business concern that received 
a Phase I SBIR or STTR award from the agency is not 
meeting the minimum performance standard established 
under subparagraph (A)(ii), such concern may not partici-
pate in Phase I (or Phase II if under the authority of 
subsection (cc)) of the SBIR or STTR program of that 
agency during the 1-year period beginning on the date 
on which such determination is made. 
‘‘(2) PROGRESS TO PHASE III SUCCESS.— 
‘‘(A) ESTABLISHMENT OF SYSTEM AND MINIMUM COMMER-
CIALIZATION RATE.—Not later than 2 years after the date 
of enactment of this subsection, the head of each Federal 
agency participating in the SBIR or STTR program shall— 
‘‘(i) establish a system to measure, where appro-
priate, the success of small business concerns with 
respect to the receipt of Phase III SBIR or STTR 
awards for projects that have received Phase I SBIR 
or STTR awards; 
‘‘(ii) establish a minimum performance standard 
for small business concerns with respect to the receipt 
of Phase III SBIR or STTR awards for projects that 
have received Phase I SBIR or STTR awards; and 
‘‘(iii) begin evaluating, each fiscal year, whether 
each small business concern that received a Phase 
I SBIR or STTR award from the agency meets the 
minimum performance standard established under 
clause (ii). 
‘‘(B) CONSEQUENCE
OF
FAILURE
TO
MEET
MINIMUM 
COMMERCIALIZATION RATE.—If the head of a Federal agency 
determines that a small business concern that received 
a Phase I SBIR or STTR award from the agency is not 
meeting the minimum performance standard established 
under subparagraph (A)(ii), such concern may not partici-
pate in Phase I (or Phase II if under the authority of 
subsection (cc)) of the SBIR or STTR program of that 
agency during the 1-year period beginning on the date 
on which such determination is made. 
‘‘(3) ADMINISTRATION OVERSIGHT.— 
‘‘(A) APPROVAL AND PUBLICATION OF SYSTEMS AND MIN-
IMUM PERFORMANCE STANDARDS.—Each system and min-
imum performance standard established under paragraph 
(1) or paragraph (2) shall be submitted by the head of 
the applicable Federal agency to the Administrator and 
shall be subject to the approval of the Administrator. In 
making a determination with respect to approval, the 
Administrator shall ensure that the minimum performance 
standard exceeds a de minimis level. The Administrator 
shall publish on the Internet Web site of the Administration 
the 
systems 
and 
minimum 
performance 
standards 
approved.