H.R. 1960 — what changed
National Defense Authorization Act for Fiscal Year 2014
From Reported in House to Engrossed in House. 43 sections amended and 162 added between Reported in House and Engrossed in House.
Sec. 2 Organization of Act into divisions; table of contents
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Divisions— This Act is organized into four five divisions as follows:
Division A—Department of Defense Authorizations.
Division B—Military Construction Authorizations.
Division C—Department of Energy National Security Authorizations and Other Authorizations.
Division D—Funding Tables.
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Division E—Federal Information Technology Acquisition Reform Act.
Table of contents— The table of contents for this Act is as follows:
Sec. 111 Limitation on availability of funds for Stryker vehicle program
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for weapons and tracked combat vehicles, Army, for the procurement or upgrade of Stryker vehicles, not more than 75 percent may be obligated or expended until a period of 15 days has elapsed following the date on which the Secretary of the Army submits the report under subsection (b).
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Report required— The Secretary of the Army shall submit to the congressional defense committees a report on the status of the Stryker vehicle spare parts inventory located in Auburn, Washington, cited in the report of the Inspector General of the Department of Defense (number 2013-025) 2013–025) dated November 30, 2012. The report submitted under this subsection shall include the following:
The status of the implementation by the Secretary of the recommendations specified on pages 30 to 34 of the report by the Inspector General.
The value of the parts remaining in warehouse that may still be used by the Secretary for the repair, upgrade, or reset of Stryker vehicles.
The value of the parts remaining in the warehouse that are no longer usable by the Secretary for the repair, upgrade, or reset of Stryker vehicles.
A cost estimate of the monthly cost of maintaining the inventory of parts no longer usable by the Secretary.
Any other matters the Secretary considers appropriate.
Sec. 131 Multiyear procurement authority for multiple variants of the C–130J aircraft program
Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of the Air Force may enter into—
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one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of multiple variants of C-130J C–130J aircraft for the Department of the Navy and the Department of the Air Force; and
one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of mission equipment with respect to aircraft procured under a contract entered into under paragraph (1).
Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2014 is subject to the availability of appropriations for that purpose for such later fiscal year.
Sec. 133 Retirement of KC–135R aircraft
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Treatment of retired KC–135R aircraft— Except as provided by subsection subsections (b) and (c), the Secretary of the Air Force shall maintain each KC–135R aircraft that is retired by the Secretary in a condition that would allow recall of that aircraft to future service in the Air Force Reserve, Air National Guard, or active forces aerial refueling force structure.
Exception— Subsection (a) shall not apply to a KC–135R aircraft that the Secretary transfers or sells to allies or partner nations of the United States.
Delivery of KC–46A aircraft— For each KC–46A aircraft that is delivered to the Air Force and the Commander of the Air Mobility Command initially certifies as mission capable, the Secretary may waive the requirements of subsection (a) with respect to one retired KC–135R aircraft.
Conforming repeal— Section 135 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114) is repealed.
Sec. 225 Limitation on availability of funds for space-based infrared systems space program
addedadded Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense, not more than 50 percent may be obligated or expended for the space-based infrared systems space modernization initiative wide-field-of-view testbed until the Executive Agent for Space of the Department of Defense certifies to the congressional defense committees that the Secretary of Defense is carrying out the Operationally Responsive Space Program Office in accordance with section 2273a of title 10, United States Code.
Sec. 232 Additional missile defense site in the United States for optimized protection of the homeland
Findings— Congress makes the following findings:
President George W. Bush and President Barack Obama have each recognized the necessity for an additional measure of protection–beyond missile defense sites in Alaska and California–for defending the United States against intercontinental ballistic missile (ICBM) threats emanating from the Middle East.
General Jacoby, the Commander of the United States Northern Command, testified before Congress that “we should consider that Iran has a capability within the next few years of flight testing ICBM capable technologies” and that “the Iranians are intent on developing an ICBM”.
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General Kehler, the Commander of the United States Strategic Command, testified before Congress that “I am confident that we can defend against a limited attack from Iran, although we are not in the most optimum posture to do that today. . .it today * * * it doesn’t provide total defense today”.
General Jacoby also testified before Congress that “I would agree that a third site, wherever the decision is to build a third site, would give me better weapons access, increased GBI inventory and allow us the battle space to more optimize our defense against future threats from Iran and North Korea”.
Section 227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1678) directs the Missile Defense Agency—
to conduct environmental impact studies for three potential locations for an additional missile defense site capable of protecting the homeland; and
to develop a contingency plan in case the President determines to proceed with deployment of such an additional site.
According the Missile Defense Agency, the cost to deploy up to 20 ground-based interceptors (GBIs) at a new missile defense site on the East Coast of the United States is approximately $3,000,000,000 and would require approximately 5 to 6 years to complete.
Additional missile defense site—
In general— The Missile Defense Agency shall construct and make operational in fiscal year 2018 an additional homeland missile defense site capable of protecting the homeland, designed to complement existing sites in Alaska and California, to deal more effectively with the long-range ballistic missile threat from the Middle East.
Requirement in addition to other required activities regarding missile defense sites— The Missile Defense Agency shall carry out the requirement in paragraph (1) to construct and deploy an additional homeland missile defense site (including any advance procurement and engineering and design in connection with such site) while continuing to meet the requirement to prepare environmental impact statements and a contingency plan under section 227 of the National Defense Authorization Act for Fiscal Year 2013 for the missile defense sites described in that section.
Report— Not later than 180 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to Congress a report on the missile defense site required to be constructed and deployed under paragraph (1). The report shall include a description of the current estimate of the funding to be required for construction and deployment of the missile defense site, including for advance procurement, engineering and design, materials and construction, interceptor missiles, and sensors.
Sec. 240 Sense of Congress on 30th anniversary of the Strategic Defense Initiative
Findings— Congress finds the following:
President Ronald Reagan in March 1983, in a speech from the oval office, laid the corner stone for a long-term research and development program to begin to achieve our ultimate goal of eliminating the threat posed by strategic nuclear missiles.
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President Reagan stated, “I've become more and more deeply convinced that the human spirit must be capable of rising above dealing with other nations and human beings by threatening their existence… existence * * * What if free people could live secure in the knowledge that their security did not rest upon the threat of instant U.S. United States retaliation to deter a Soviet attack, that we could intercept and destroy strategic ballistic missiles before they reached our own soil or that of our allies?”.
The Strategic Defense Initiative, also known as “Star Wars”, challenged the nation to accomplish the impossible by moving beyond the obvious possibilities of the day to set the United States and our allies up for success.
In 1999, the Ballistic Missile Defense Organization (BMDO), National Missile Defense (NMD) prototype interceptor successfully demonstrated “hit-to-kill” technology intercepting a modified Minuteman intercontinental Ballistic Missile (ICBM).
Congress passed the National Missile Defense Act of 1999 (Public Law 106–38) (signed by President Clinton), which stated, “It is the policy of the United States to deploy, as soon as is technologically possible, an effective National Missile Defense system capable of defending the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate)”.
On December 13, 2001, President George W. Bush announced “I have concluded the ABM treaty hinders our government's ability to develop ways to protect our people from future terrorist or rogue state missile attacks”.
Russian President Vladimir Putin said the move was “not a threat to the security of the Russian Federation”.
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Since 2001, the United States has deployed considerable Missile Defense capability: 30 ground-based interceptors defending the continental U.S. today; 32 Aegis BMD ships; 113 SM-3 SM–3 IA interceptors; 25 SM-3 SM–3 IB interceptors; 3 THAAD batteries and 89 interceptors; and 8 AN/TPY-2 AN/TPY–2 forward-based sensors.
The United States has partnerships with 22 nations, and the North Atlantic Treaty Organization (NATO), for missile defense cooperation. Likewise, India and South Korea are developing missile defenses and the Russian Federation and People’s Republic of China are also developing and improving missile defenses.
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Since 2001 when they began development, United States missile defenses have had a test record of 58 of 73 hit-to-kill intercept attempts and have been successful across all programs of the integrated system, including Aegis Ballistic Missile Defense (BMD), Ground-based Midcourse Defense (GMD), Terminal High Altitude Area Defense (THAAD), and PATRIOT Advanced Capability-3.Capability–3.
In July of 2004, the United States missile defense system was declared operational with limited capability. Since that time, it has offered defense against limited threats to the continental United States.
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The United States has cooperatively developed with our Israeli allies a number of missile defense systems including Arrow, Arrow 3 and David’s Sling, systems which will protector our Israeli allies and contribute technology and expertise to U.S. United States systems.
The United States in support of NATO deployed a Patriot missile battery to defend the population and territory of Turkey and provide material support for Article V of the North Atlantic Treaty in the event of spillover from the Syrian civil war and has deployed Phase I of the European Phased Adaptive Approach, which includes a transportable x-band radar array and an on-station AEGIS ballistic missile defense ship armed with Standard Missile 3 block IA missile interceptors.
When United States territory, deployed forces and allies were threatened by North Korean ballistic missiles the United States had the operational capability and national will to deploy THAAD units to Guam to provide a defensive shield.
The United States continues to work jointly with Japan to improve the Navy Aegis Ballistic Missile Defense (BMD) which in addition to providing missile defense in the Pacific is also a keystone in the Phased Adaptive Approach for European missile defense.
On-going research and development under the auspices of the Missile Defense Agency will continue to expand the technology envelope to deploy a layered missile defense system capable of defending the homeland, our military forces deployed overseas, friendly nations and our allies against all ballistic missiles from launch and orbit to reentry.
A credible ballistic missile defense system is critical to the national defense of the United States.
Sense of Congress— Congress—
recognizes the inspiring leadership of President Ronald Reagan to “maintain the peace through strength”;
recognizes the enduring obligation President as Commander in Chief to“ preserve, protect, and defend the Constitution”;
commemorates the vision of President Reagan on the 30th anniversary of the Strategic Defense Initiative;
believes that it is imperative that the United States continue fielding a robust missile defense system, including additional ground based interceptors; and
commits to supporting continued investments in future missile defense capabilities and emerging technologies such as directed energy and railguns.
Sec. 241 Readiness of intercontinental ballistic missile force
addedadded The Secretary of Defense shall preserve each intercontinental ballistic missile silo that contains a deployed missile as of the date of the enactment of this Act in, at minimum, a warm status that enables such silo to—
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remain a fully functioning element of the interconnected and redundant command and control system of the missile field; and
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be made fully operational with a deployed missile.
Sec. 242 Sense of Congress on negotiations affecting the missile defenses of the United States
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Findings— Congress finds the following:
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On April 15, 2013, the National Security Advisor to the President, Tom Donilon, conveyed a personal letter from President Obama to the President of the Russian Federation, Vladimir Putin.
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Press reports indicate that in this letter the President proposed, “developing a legally-binding agreement on transparency, which would include exchange of information to confirm that our programs do not pose a threat to each other’s deterrence forces,” through “a so-called executive agreement, for which [the President] does not need to seek the consent of Congress.”.
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The Deputy Foreign Minister of Russia, Sergei Ryabkov, stated in response to the letter that, “the proposals of the U.S. side on the issue are quite concrete and are related in a certain way to the discussions our countries had at various levels in the past years. And it cannot be said from this point of view that the offers are decorative and not serious. No, I want to emphasize that we are committing to the seriousness of these proposals but we note their insufficiency.”.
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Press reports indicate that the Secretary of the Russian Security Council, Nikolai Patrushev, conveyed a response to the letter from President Putin.
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President Obama’s proposed deal with Russian President Putin has been kept secret from Congress and the American people.
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The Administration has systematically denied Congress information about past offers of United States missile defense concessions to Russia, including written requests from Members of the House of Representatives.
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Sense of Congress— It is the sense of Congress that—
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the President should promptly convey to Congress the details of any proposed deals with the Russian Federation concerning the missile defenses or nuclear arms of the United States; and
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the missile defenses of the United States are central to the defense of the homeland from ballistic missile threats, particularly if nuclear deterrence fails, thus such defenses are not something that the President should continue to trade away for the prospects of nuclear arms reductions with Russia, the People’s Republic of China, or any other foreign country.
Sec. 255 Report on science, technology, engineering, and mathematics scholarship program
addedadded Not later than 60 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that assesses whether the Science, Mathematics and Research for Transformation (SMART) scholarship program, or related scholarship or fellowship programs within the Department of Defense, are providing the necessary number of undergraduate and graduate students in the fields of science, technology, engineer, and mathematics to meet the recommendations contained in the report of the Commission on Research and Development in the United States Intelligence Community, as well as recommendation for how SMART and similar program might be improved to better satisfy those recommendations.
Sec. 267 Approval of certain new uses of research, development, test, and evaluation land
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In general— Notwithstanding any other provision of law, the Secretary of Defense, or the head of any other department or agency of the Federal Government, may not finalize any decision regarding new land use activity on covered land unless the Secretary concerned approves such activity in writing.
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Definitions— In this section:
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The term “covered land” means ranges, test areas, or other land in the contiguous United States used by the Secretary of Defense for activities related to research, development, test, and evaluation that the Secretary determines, for purposes of this section, to be critical to national security.
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The term “new land use activity” means an activity regarding the use of covered land that—
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as of the date of the enactment of this Act, is not carried out on covered land; and
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is carried out by, or in cooperation with, a department or agency of the Federal Government other than the Department of Defense.
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The term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.
Sec. 268 Canines as stand-off detection of explosives and explosive precursors
addedadded Not later than 90 days after the date of enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall provide to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report that—
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describes how the Department of Defense intends to maintain the capability and infrastructure required to support canines as stand-off detection of explosives and explosive precursors;
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specifies the appropriate office to oversee the acquisition process, research and development, technology advancement, testing and evaluation, and production and procurement with respect to canines as stand-off detection of explosives and explosive precursors;
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specifies the plan to sustain and enhance the partnerships and relationships of the Department of Defense with service laboratories, private sector companies, and academic institutions to ensure that the latest data and information regarding canine capabilities are distributed throughout the Department and other Federal agencies that could benefit from such information; and
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specifies any technologies capable of replacing the canine as a stand-off detection capability during the next 2 years.
Sec. 302 Authorization of appropriations for Marine Security Guard
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Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, as specified in the corresponding funding table in section 4301, for Marine Security Guard is hereby increased by $13,400,000.
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Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Army, as specified in the corresponding funding table in section 4301, is hereby reduced by $13,400,000, to be derived from the Maneuver Units.
Sec. 303 Authorization of appropriations for Crisis Response Force
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Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, as specified in the corresponding funding table in section 4301, for the Crisis Response Force is hereby increased by $10,600,000.
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Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Army, as specified in the corresponding funding table in section 4301, is hereby reduced by $10,600,000, to be derived from the Maneuver Units.
Sec. 317 Clarification of prohibition on disposing of waste in open-air burn pits
For the purposes of Department of Defense Instruction 4715.19, issued as required by section 317 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2701 note) or any successor instruction, the term “covered waste” specifically includes, in addition to the materials already specified in subparagraphs (A) and (B) of subsection (c)(2) of such section, the following:
Tires.
Treated wood.
Batteries.
Plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream.
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Munitions and explosives, the destruction of which is covered in Department of Defense Instruction 6055.09-M 6055.09–M (Reference (i)).
Compressed gas cylinders, unless empty with valves removed.
Fuel containers, unless completely evacuated of its contents.
Aerosol cans.
Polychlorinated biphenyls.
Petroleum, oils, and lubricants products (other than waste fuel for initial combustion).
Asbestos.
Mercury.
Foam tent material.
Any item containing any of the materials referred to in a preceding paragraph.
Sec. 320 Military readiness and southern sea otter conservation
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Establishment of the southern sea otter military readiness areas— Chapter 631 of title 10, United States Code, is amended by adding at the end the following new section:
added “7235. Establishment of the Southern Sea Otter Military Readiness Areas
added “(a) Establishment—The Secretary of Defense shall establish areas to be known as “Southern Sea Otter Military Readiness Areas” for national defense purposes. Such areas shall include each of the following:
added “(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:
added “(2) That area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by 33 CFR part 165 on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
added “(b) Activities within the southern sea otter military readiness areas
added “(1) Incidental takings under Endangered Species Act of 1973—Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
added “(2) Incidental takings under Marine Mammal Protection Act of 1972—Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting military readiness activities.
added “(3) Treatment as species proposed to be listed—For purposes of any military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).
added “(c) Removal—Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas as of the effective date of this section or thereafter be removed from the Areas.
added “(d) Revision or termination of exceptions—The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary, in consultation with the Secretary of the Navy, determines that military activities authorized under subsection (b) are impeding southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels.
added “(e) Monitoring
added “(1) In general—The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the sea otter population and on the near-shore eco-system. Monitoring and research parameters and methods shall be determined in consultation with the service.
added “(2) Reports—Within 24 months after the effective date of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1).
added “(f) Definitions—In this section:
added “(1) Incidental taking—The term “incidental taking” means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
added “(2) Optimum sustainable population—The term “optimum sustainable population” means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.
added “(3) Southern sea otter—The term “southern sea otter” means any member of the subspecies Enhydra lutris nereis.
added “(4) Take—The term “take”—
added “(A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531–1544) shall have the meaning given such term in that statute; and
added “(B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361–1423h), shall have the meaning given such term in that statute.
added “(5) Military readiness activity—The term “military readiness activity” has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2509; 16 U.S.C. 703 note), and includes all training and operations of the Armed Forces that relate to combat, and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.”
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Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following:
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Conforming Amendment— Section 1 of Public Law 99–625 (16 U.S.C. 1536 note) is repealed.
Sec. 324 Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of certain functions to contractor performance
addedadded No Department of Defense function that is performed by Department of Defense civilian employees and is tied to a certain military base may be converted to performance by a contractor until the Secretary of Defense conducts an assessment to determine if the Department of Defense has carried out sufficient outreach programs to assist small business concerns owned and controlled by women (as such term is defined in section 8(d)(3)(D) of the Small Business Act) and small business concerns owned and controlled by socially and economically disadvantaged individuals (as such term is defined in section 8(d)(3)(C) of the Small Business Act) that are located in the geographic area near the military base.
Sec. 334 Ordnance related records review and reporting requirement for Vieques and Culebra Islands, Puerto Rico
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Identification of military munitions and navy operational history—
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Records review— The Secretary of Defense shall conduct a review of all existing Department of Defense records to determine and describe the historical use of military munitions and military training on the islands of Vieques and Culebra, Puerto Rico, and in the nearby cays and waters. The review shall, to the extent practicable and based on historical documents available, identify the type of munitions, the quantity of munitions, and the location where such munitions may have potentially been used or may be remaining on the islands of Vieques and Culebra, Puerto Rico, and in the nearby cays or waters. The historical review shall also determine the type of various military training exercises that occurred on each island and in the nearby cays and waters.
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Cooperation and consultation— The Secretary of Defense may request the assistance of other Federal agencies and may consult the Governor of Puerto Rico as may be deemed appropriate in conducting the review required by this subsection and in preparing the report required by subsection (b).
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Report— Not later than 450 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate, and shall make publicly available, a report detailing the findings and determinations of the review required by subsection (a). The report shall be organized to include the information detailed in subsection (a) in addition to site history, site description, real estate ownership information, and any other information about known military munitions and military training that occurred historically on the islands of Vieques and Culebra, Puerto Rico, and in the nearby cays and waters. The report shall include any information and recommendations that the Secretary deems appropriate about the potential hazards to the public associated with unexploded ordnance on the islands of Vieques and Culebra, Puerto Rico, and in the nearby cays and waters.
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Definitions— In this section:
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The term “military munitions” has the meaning given that term in section 101(e)(4) of title 10, United States Code.
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The term “unexploded ordnance” has the meaning given that term in section 101(e)(5) of title 10, United States Code.
Sec. 516 Designation of State student cadet corps as Department of Defense youth organizations
addedadded Section 508(d) of title 32, United States Code, is amended—
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by redesignating paragraph (14) as paragraph (15); and
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by inserting after paragraph (13) the following new paragraph (14):
added “(14) Any State student cadet corps authorized under State law.”
Sec. 530E Meetings with respect to religious liberty
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Notice—
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In general— The Department of Defense shall provide to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate advance written notice of any meeting to be held between Department employees and civilians for the purpose of writing, revising, issuing, implementing, enforcing, or seeking advice, input, or counsel regarding military policy related to religious liberty.
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Contents of notice— Notice provided under paragraph (1) shall include information on the time, date, location, and anticipated attendees of the meeting and information on who initiated the meeting.
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Verbal notice— If a meeting to which this subsection applies is scheduled less than 24 hours in advance of the meeting, the notice requirement under paragraph (1) may be satisfied by a phone call if Committee staff provide verbal confirmation of receipt of the notice.
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Reports— Not later than 72 hours after the conclusion of a meeting to which subsection (a) applies, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the meeting, which shall include information on the time, date, location, duration, and attendees of the meeting and information on who initiated the meeting.
Sec. 530F Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act
addedadded Section 207(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C. App. 527(b)(1)) is amended by inserting after “calling the servicemember to military service” the following: “, or other appropriate indicator of military service, including a certified letter from a commanding officer or information from the Defense Manpower Database Center,”.
Sec. 530G Policy on military recruitment and enlistment of graduates of secondary schools
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Conditions on use of test, assessment, or screening tools— In the case of any test, assessment, or screening tool utilized under the policy on recruitment and enlistment required by subsection (b) of section 532 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1403; 10 U.S.C. 503 note) for the purpose of identifying persons for recruitment and enlistment in the Armed Forces, the Secretary of Defense shall—
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implement a means for ensuring that graduates of a secondary school (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)), including all persons described in subsection (a)(2) of section 532 of the National Defense Authorization Act for Fiscal Year 2012, are required to meet the same standard on the test, assessment, or screening tool; and
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use uniform testing requirements and grading standards.
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Rule of construction— Nothing in section 532(b) of the National Defense Authorization Act for Fiscal Year 2012 or this section shall be construed to permit the Secretary of Defense or the Secretary of a military department to create or use a different grading standard on any test, assessment, or screening tool utilized for the purpose of identifying graduates of a secondary school (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)), including all persons described in subsection (a)(2) of section 532 of the National Defense Authorization Act for Fiscal Year 2012, for recruitment and enlistment in the Armed Forces.
Sec. 530H Comptroller General report on use of determination of personality disorder or adjustment disorder as basis to separate members from the Armed Forces
addedadded Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report evaluating—
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the use by the Secretaries of the military departments, since January 1, 2007, of the authority to separate members of the Armed Forces from the Armed Forces due of unfitness for duty because of a mental condition not amounting to disability, including separation on the basis of a personality disorder or adjustment disorder and the total number of members separated on such basis;
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the extent to which the Secretaries failed to comply with regulatory requirements in separating members of the Armed Forces on the basis of a personality or adjustment disorder; and
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the impact of such a separation on the ability of veterans so separated to access service-connected disability compensation, disability severance pay, and disability retirement pay.
Sec. 536 Victims’ Counsel for victims of sex-related offenses and related provisions
Designation and duties—
In general— Chapter 53 of title 10, United States Code, is amended by inserting after section 1044d the following new section:
“1044e. Victims' Counsel for victims of sex-related offenses
“(a) Designation; purposes—The Secretary concerned shall designate legal counsel (to be known as “Victims’ Counsel”) for the purpose of providing legal assistance to an individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.
“(b) Types of legal assistance authorized—The types of legal assistance authorized by subsection (a) include the following:
“(1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services.
“(2) Legal consultation regarding the Victim Witness Assistance Program, including—
“(A) the rights and benefits afforded the victim;
“(B) the role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison; and
“(C) the nature of communication made to the liaison in comparison to communication made to a Victims’ Counsel or a legal assistance attorney under section 1044 of this title.
“(3) Legal consultation regarding the responsibilities and support provided to the victim by the Sexual Assault Response Coordinator, a unit or installation Sexual Assault Victim Advocate or domestic abuse advocate, to include any privileges that may exist regarding communications between those persons and the victim.
“(4) Legal consultation regarding the potential for civil litigation against other parties (other than the Department of Defense).
“(5) Legal consultation regarding the military justice system, including—
“(A) the roles and responsibilities of the trial counsel, the defense counsel, and investigators;
“(B) any proceedings of the military justice process in which the victim may observe or participate as a witness or other party;
“(C) the Government’s authority to compel cooperation and testimony; and
“(D) the victim’s responsibility to testify, and other duties to the court.
“(6) Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense.
“(7) Legal consultation regarding—
“(A) services available from appropriate agencies or offices for emotional and mental health counseling and other medical services;
“(B) eligibility for and requirements for obtaining any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of this title and other State and Federal victims’ compensation programs; and
“(C) the availability of, and any protections offered by, civilian and military restraining orders.
“(8) Legal consultation and assistance in personal civil legal matters in accordance with section 1044 of this title.
“(9) Such other legal assistance as the Secretary of Defense (or, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) may authorize in the regulations prescribed under subsection (g).
“(c) Qualifications—An individual may not be designated as a Victims’ Counsel under this section unless the individual—
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“(1) meets the qualifications specified in section 1044(d)(2) of this title; ; and
“(2) is certified as competent to be designated as a Victims’ Counsel by the Judge Advocate General of the Armed Force in which the judge advocate is a member or by which the civilian attorney is employed.
“(d) Administrative responsibility
“(1) Consistent with the regulations prescribed under subsection (g), the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Victims’ Counsel.
“(2) The Secretary of Defense (and, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) shall conduct a periodic evaluation of the Victims’ Counsel programs operated under this section.
“(e) Availability of victims’ counsel
“(1) An individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense shall be offered the option of receiving assistance from a Victims’ Counsel upon report of an alleged sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.
“(2) The assistance of a Victims’ Counsel under this subsection shall be available to an individual eligible for military legal assistance under section 1044 of this title regardless of whether the individual elects unrestricted or restricted reporting of the alleged sex-related offense. The individual shall also be informed that the assistance of a Victims’ Counsel may be declined, in whole or in part, but that declining such assistance does not preclude the individual from subsequently requesting the assistance of a Victims’ Counsel.
“(f) Alleged sex-related offense defined—In this section, the term “alleged sex-related offense” means any allegation of—
“(1) a violation of section 920, 920a, 920b, 920c, or 925 of ths title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or
“(2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).
“(g) Regulations—The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1044d the following new item:
Conforming amendments—
Qualifications of persons providing legal assistance— Section 1044(d)(2) of such title is amended by inserting before the period at the end the following: “and, for purposes of service as a Victims’ Counsel under section 1044e of this title, meets the additional qualifications specified in subsection (c)(2) of such section.”.
Inclusion in definition of military legal assistance— Section 1044(d)(3)(B) of such title is amended by striking “and 1044d” and inserting “1044d, 1044e, and 1565b(a)(1)(A)”.
Access to legal assistance and services— Section 1565b(a)(1)(A) of such title is amended by striking “section 1044” and inserting “sections 1044 and 1044e”.
Implementation— Section 1044e of title 10, United States Code, as added by paragraph (1), shall be implemented within six months after the date of the enactment of this Act.
Enhanced Training Requirement— The Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall implement, consistent with the guidelines provided under section 1044e of title 10, United States Code, as added by subsection (a), in-depth and advanced training for all military and civilian attorneys providing legal assistance under section 1044 or 1044e of such to support victims of alleged sex-related offenses.
Secretary of Defense implementation report—
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services and Transportation and Infrastructure of the House of Representatives a report describing how the Armed Forces will implement the requirements of section 1044e of title 10, United States Code, as added by subsection (a).
Additional submission requirement— The report required by paragraph (1) shall also be submitted to the independent review panel established by the Secretary of Defense under section 576(a)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) and to the Joint Services Committee on Military Justice.
Additional duties for independent panels—
Response systems panel— The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall conduct an assessment regarding whether the roles, responsibilities, and authorities of Victims’ Counsel to provide legal assistance under section 1044e of title 10, United States Code, as added by subsection (a), to victims of alleged sex-related offenses should be expanded to include legal standing to represent the victim during investigative and military justice proceedings in connection with the prosecution of the offense. The panel shall include the results of the assessment in the report required by subsection (c)(1) of such section.
Judicial proceedings panel— The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall conduct an assessment of the implementation and effect of section 1044e of title 10, United States Code, as added by subsection (a), and make such recommendations for modification of such section 1044e as the panel considers appropriate. The panel shall include the results of the assessment and its recommendations in one of the reports required by subsection (c)(2)(B) of such section 576.
Sec. 545 Eight-day incident reporting requirement in response to unrestricted report of sexual assault in which the victim is a member of the Armed Forces
Incident reporting policy requirement— The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall establish and maintain a policy to require the submission by a designated person of a written incident report not later than eight days after an unrestricted report of sexual assault has been made in which a member of the Armed Forces is the victim. At a minimum, this incident report shall be provided to the following:
The installation commander, if such incident occurred on or in the vicinity of a military installation.
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The first officer in the grade of 0-6 0–6 in the chain of command of the victim.
The first general officer or flag officer in the chain of command of the victim.
Purpose of the report— The purpose of the required incident report under subsection (a) is to detail the actions taken or in progress to provide the necessary care and support to the victim of the assault, to refer the allegation of sexual assault to the appropriate investigatory agency, and to provide initial notification of the serious incident when that notification has not already taken place.
Elements of report—
In general— The report of an incident under subsection (a) shall include, at a minimum, the following:
Time/Date/Location of incident.
Type of offense allegation.
Service affiliation, assigned unit, and location of the victim.
Service affiliation, assigned unit, and location of the alleged offender, including information regarding whether the alleged offender has been temporarily transferred or removed from an assigned billet or ordered to pretrial confinement or otherwise restricted, if applicable.
Post-incident actions taken in connection with the incident, including the following:
Referral of the victim to medical services and all other services available for members of the Armed Forces who are victims of sexual assault, including the date of each such referral.
Receipt and processing status of a request for expedited victim transfer, if applicable.
Notification of incident to appropriate investigatory offices, including the organization notified and date of such notification.
Issuance of any military protective orders in connection with the incident.
Modification—
In general— The Secretary of Defense may modify the elements required in a report under this section regarding an incident involving a member of the Armed Forces (including the Coast Guard when it is operating as service in the Department of the Navy) if the Secretary determines that such modification will facilitate compliance with best practices for such reporting as identified by the Sexual Assault Prevention and Response Office of the Department of Defense.
Coast Guard— The Secretary of the Department in which the Coast Guard is operating may modify the elements required in a report under this section regarding an incident involving a member of the Coast Guard if the Secretary determines that such modification will facilitate compliance with best practices for such reporting as identified by the Coast Guard Office of Work-Life Programs.
For official use only— A report under this section shall be intended for official use only and shall not be distributed beyond the requirements listed above.
Regulations— Not later than 180 days after enactment, The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.
Sec. 549 Independent reviews and assessments of Uniform Code of Military Justice and judicial proceedings of sexual assault cases
Additional duties for response systems panel regarding disposition authority—
In general— The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall—
conduct an assessment of the impact, if any, that removing from the chain of command any disposition authority regarding charges preferred under the Uniform Code of Military Justice would have on overall reporting and prosecution of sexual assault cases; and
review and provide comment on the report of the Secretary of Defense on the role of military commanders in the military justice process, which is required pursuant to section 538 of this Act.
Submission of results— The panel shall include the results of the assessment and review and its recommendations and comments in the report required by subsection (c)(1) of such section 576, as amended by subsection (b) of this section.
Earlier submission deadline for report of the response systems panel— Subsection (c) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) is amended by striking paragraph (1) and inserting the following new paragraph:
“(1) Response systems panel—Not later than one year after the date of the first meeting of the panel established under subsection (a)(1), the panel shall submit a report of its findings and recommendations, through the Secretary of Defense, to the Committees on Armed Services of the Senate and the House of Representatives. The panel shall terminate 30 days after submission of such report.”
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Additional duty for response systems panel regarding instances of members’ abusing chain of command position to gain access to or coerce another person for a sex-related offense—
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In general— The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall conduct an assessment of instances in the Armed Forces in which a member of the Armed Forces has committing a sexual act upon another person by abusing one’s position in the chain of command of the other person to gain access to or coerce the other person.
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Submission of results— The panel shall include the results of the assessment and its recommendations and comments in the report required by subsection (c)(1) of such section 576, as amended by subsection (b) of this section.
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Additional duty for judicial proceedings panel regarding additional revision of definition of Article 120 sex-related offenses— The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall assess the likely consequences of amending of definition of rape and sexual assault under article 120 of the Uniform Code of Military Justice to expressly cover a situation in which a person subject to the Uniform Code of Military Justice commits a sexual act upon another person by abusing one’s position in the chain of command of the other person to gain access to or coerce the other person. The panel shall include the results of the assessment in one of the reports required by subsection (c)(2)(B) of such section 576.
Sec. 550A Discharge or dismissal, and confinement required for certain sex-related offenses committed by members of the Armed Forces
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Mandatory punishments—
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Imposition— Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice) is amended—
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by inserting “(a)” before “The punishment”; and
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by adding at the end the following new subsection:
added “(b)
added “(1) While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum—
added “(A) dismissal or dishonorable discharge; and
added “(B) confinement for two years.
added “(2) Paragraph (1) applies to the following offenses:
added “(A) An offense in violation of subsection (a) or (b) of section 920 (article 120(a) or (b)).
added “(B) Forcible sodomy under section 925 of this title (article 125).
added “(C) An attempt to commit an offense specified in subparagraph (A) or (B) that is punishable under section 880 of this title (article 80).”
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Clerical amendments—
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Section heading— The heading of such section is amended to read as follows:
added “856. Art. 56. Maximum and minimum limits”
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Table of sections— The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by striking the item relating to section 856 and inserting the following new item:
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Effective date— The amendments made by this section shall take effect 180 days after the date of the enactment of this Act, and apply to offenses specified in section 856(b)(2) of title 10, United States Code (article 56(b)(2) of the Uniform Code of Military Justice), as added by subsection (a)(1), committed after that date.
Sec. 550B Enhancement to requirements for availability of information on sexual assault prevention and response resources
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Required posting of information on sexual assault prevention and response resources—
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Posting— The Secretary of Defense shall require that there be prominently posted, in accordance with paragraph (2), notice of the following information relating to sexual assault prevention and response, in a form designed to ensure visibility and understanding:
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Resource information for members of the Armed Forces, military dependents, and civilian personnel of the Department of Defense with respect to prevention of sexual assault and reporting of incidents of sexual assault.
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Contact information for personnel who are designated as Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.
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The Department of Defense “hotline” telephone number, referred to as the Safe Helpline, for reporting incidents of sexual assault, or any successor operation.
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Posting placement— Posting under subsection (a) shall be at the following locations, to the extent practicable:
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Any Department of Defense duty facility.
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Any Department of Defense dining facility.
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Any Department of Defense multi-unit residential facility.
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Any Department of Defense health care facility.
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Any Department of Defense commissary or exchange.
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Any Department of Defense Community Service Agency.
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Any Department of Defense website.
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Notice to victims of available assistance— The Secretary of Defense shall require that procedures in the Department of Defense for responding to a complaint or allegation of sexual assault submitted by or against a member of the Armed Forces include prompt notice to the person making the complaint or allegation of the forms of assistance available to that person from the Department of Defense and, to the extent known to the Secretary, through other departments and agencies, including State and local agencies, and other sources.
Sec. 550C Military Hazing Prevention Oversight Panel
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Establishment— There is established a panel to be known as the Military Hazing Prevention Oversight Panel (in this section referred to as the “Panel”).
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Membership— The Panel shall be composed of the following members:
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The Secretary of the Army or the Secretary’s designee.
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The Secretary of the Navy or the Secretary’s designee.
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The Secretary of the Air Force or the Secretary’s designee.
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The Secretary of Homeland Security (with respect to the Coast Guard) or the Secretary’s designee.
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Members appointed by the Secretary of Defense from among individuals who are not officers or employees of any government and who have expertise in advocating for—
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women;
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racial or ethnic minorities;
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religious minorities; or
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gay, lesbian, bisexual, or transgender individuals.
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Duties— The Panel shall—
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make recommendations to the Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) on the development of the policies, programs, and procedures to prevent and respond to hazing in the Armed Forces; and
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monitor any policies, programs, and procedures in place to prevent and respond to hazing in the Armed Forces and make recommendations to the Secretary concerned on ways to improve such policies, programs, and procedures.
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Initial Meeting— Not later than 180 days after the date of the enactment of this Act, the Panel shall hold its initial meeting.
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Meetings— The Panel shall meet not less than annually.
Sec. 550D Prevention of sexual assault at military service academies
addedadded The Secretary of Defense shall ensure that each of the military service academies adds a section in the ethics curricula of such academies that outlines honor, respect, and character development as such pertain to the issue of preventing sexual assault in the Armed Forces. Such curricula shall include a brief history of the problem of sexual assault in the Armed Forces, a definition of sexual assault, information relating to reporting a sexual assault, victims’ rights, and dismissal and dishonorable discharge for offenders. Such ethics training shall be provided within 60 days after the initial arrival of a new cadet or midshipman at a military services academy and repeated in annual ethics training requirements.
Sec. 550E Ensuring awareness of policy to instruct victims of sexual assault seeking security clearance to answer “no” to question 21
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added
Ensuring awareness of policy— The Secretary of Defense shall inform members of the United States Armed Forces of the policy described in subsection (b)—
added
at the earliest time possible, such as upon enlistment and commissioning; and
added
during sexual assault awareness training and service member interactions with sexual assault response coordinators.
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Policy described— The policy described in this subsection is the policy of instructing an individual to answer “no” to question 21 of Standard Form 86 of the Questionnaire for National Security Positions with respect to consultation with a health care professional if—
added
the individual is a victim of a sexual assault; and
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the consultation occurred with respect to an emotional or mental health condition strictly in relation to the sexual assault.
Sec. 550F Report on policies and regulations regarding service members living with or at risk of contracting HIV
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Report to Congress— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress and make publicly available a report on the use of the Uniform Code of Military Justice, the Manual for Courts-Martial, and related policies, punitive articles, and regulations with regard to service members living with or at risk of contracting HIV.
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Contents— The report shall include the following:
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An assessment of whether the Uniform Code of Military Justice, the Manual for Courts-Martial, and related policies, punitive articles, and regulations are exercised in a way that demonstrates an evidence-based, medically accurate understanding of—
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the multiple factors that lead to HIV transmission;
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the relative risk of HIV transmission routes;
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the associated benefits of treatment and support services for people living with HIV; and
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the impact of HIV-specific policies and regulations on public health and on people living with or at risk of contracting HIV.
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A review of court-martial decisions in recent years preceding the date of enactment of this Act.
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Recommendations for adjustments to the Uniform Code of Military Justice, the Manual for Courts-Martial, and related policies, punitive articles, and regulations, as may be necessary, in order to ensure that policies and regulations regarding service members living with or at risk of contracting HIV are in accordance with a contemporary understanding of HIV transmission routes and associated benefits of treatment.
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Definition of HIV— In this section, the term “HIV” means infection with the human immunodeficiency virus.
Sec. 550G Additional modification of annual Department of Defense reporting requirements regarding sexual assaults and prevention and response program
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added
Additional elements of each report— Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note) is amended by adding at the end the following new paragraphs:
added “(11) A description of the implementation of the comprehensive policy on the retention of and access to evidence and records relating to sexual assaults involving members of the Armed Forces required to comply with section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1434; 10 U.S.C. 1561 note).
added “(12) The policies, procedures, and processes implemented by the Secretary concerned to ensure detailed evidence and records are transmitted to the Department of Veterans Affairs, including medical records of sexual assault victims that accurately and completely describe the physical and emotional injuries resulting from a sexual trauma that occurred during active duty service.”
added
Application of amendments— The amendment made by this section shall apply beginning with the report regarding sexual assaults involving members of the Armed Forces required to be submitted by March 1, 2014, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011.
Sec. 555 Transition of members of the Armed Forces and their families from military to civilian life
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Findings— The Congress finds the following:
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Members of the Armed Forces and their families make great sacrifices on behalf of the United States, and, when their active duty service is successfully concluded, members deserve the opportunity to also make a successful transition to the civilian labor force.
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When transitioning from active duty in the Armed Forces to civilian employment, members often face barriers that make it difficult to fully utilize the skills and training they gained during their military service.
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Members and veterans are too often required to repeat education or training in order to receive industry certifications and State occupational licenses, even though their military training and experience often overlaps with the certification or licensing requirements.
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When members are transferred from military assignment to military assignment, their spouses often face barriers to transferring their credentials and to securing employment in their new location.
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More than one million members will make the transition to civilian life in the coming years.
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The Department of Defense established the Military Credentialing and Licensing Task Force in 2012.
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The Joining Forces program, a national initiative to mobilize all sectors of society to give members of the Armed Forces and their families the opportunities and support they have earned, will make it easier for members and their families to transfer skills learned while the member was serving in the Armed Forces to civilian employment.
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Sense of Congress— It is the sense of Congress that—
added
the Federal Government and State governments should make the transition of a member of the Armed Forces and the member's spouse from military to civilian life as seamless as possible by creating opportunities for the member and spouse to earn, while the member is in the Armed Forces, civilian occupational credentials and licenses, with an emphasis on well-paying industries and occupations that have a high demand for skilled workers, including: manufacturing, information technology, transportation and logistics, health care, and emergency medical services;
added
the Federal Government should assist State governments in translating military training and experience into credit towards professional licensure; and
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State governments should streamline approaches for assessing the equivalency of military training and experience, and accelerate occupational licensing processes for members, veterans, and their spouses.
Sec. 556 Mortgage protection for members of the Armed Forces, surviving spouses, and certain veterans and other improvements to the Servicemembers Civil Relief Act
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added
Members of the Armed Forces, surviving spouses, and certain disabled veterans—
added
In general— Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by inserting after section 303A, as added by section 553, the following new section:
added “303B. Mortgages and trust deeds of certain servicemembers, surviving spouses, and disabled veterans
added “(a) Mortgage as Security—This section applies only to an obligation on real or personal property owned by a covered individual that—
added “(1) originated at any time and for which the covered individual is still obligated; and
added “(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.
added “(b) Stay of Proceedings
added “(1) In general—In accordance with subsection (d)(1), in a judicial action pending or in a nonjudicial action commenced during a covered time period to enforce an obligation described in subsection (a), a court—
added “(A) may, after a hearing and on its own motion, stay the proceedings until the end of the covered time period; and
added “(B) shall, upon application by a covered individual, stay the proceedings until the end of the covered time period.
added “(2) Obligation to stop proceedings—Upon receipt of notice provided under subsection (d)(1), a mortgagee, trustee, or other creditor seeking to foreclose on real property secured by an obligation covered by this section using any judicial or nonjudicial proceedings shall immediately stop any such proceeding until the end of the covered time period.
added “(c) Sale or Foreclosure—A sale, judicial or nonjudicial foreclosure, or seizure of property for a breach of an obligation described in subsection (a) that is not stayed under subsection (b) shall not be valid during a covered time period except—
added “(1) upon a court order granted before such sale, judicial or nonjudicial foreclosure, or seizure with a return made and approved by the court; or
added “(2) if made pursuant to an agreement as provided in section 107.
added “(d) Notice required
added “(1) In general—To be covered under this section, a covered individual shall provide to the mortgagee, trustee, or other creditor written notice that such individual is so covered.
added “(2) Manner—Written notice under paragraph (1) may be provided electronically.
added “(3) Time—Notice provided under paragraph (1) shall be provided during the covered time period.
added “(4) Contents—With respect to a servicemember described in subsection (g)(1)(A), notice shall include—
added “(A) a copy of the servicemember’s official military orders, or any notification, certification, or verification from a servicemember's commanding officer that provides evidence of servicemember's eligibility for special pay as described in subsection (g)(1)(A); or
added “(B) an official notice using a form designed under paragraph (5).
added “(5) Official forms
added “(A) In general—The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1).
added “(B) Use of official form not required—Failure by any individual to use a form designed or distributed under subparagraph (A) to provide notice shall not make such provision of notice invalid.
added “(e) Aggregate duration—The aggregate duration for which a covered individual (except a servicemember described in subsection (g)(1)(A)) may be covered under this section is one year.
added “(f) Misdemeanor—A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.
added “(g) Definitions—In this section:
added “(1) Covered individual—The term covered individual means the following individuals:
added “(A) A servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service.
added “(B) A servicemember placed on convalescent status, including a servicemember transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code.
added “(C) A veteran who was medically discharged and retired under chapter 61 of title 10, United States Code, except for a veteran described in section 1207 of such title.
added “(D) A surviving spouse (as defined in section 101(3) of title 38, United States Code, and in accordance with section 103 of such title) of a servicemember who died while in military service if such spouse is the successor in interest to property covered under subsection (a).
added “(2) Covered time period—The term covered time period means the following time periods:
added “(A) With respect to a servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service, during the period beginning on the first day on which the servicemember is or was eligible for such special pay during such period of military service and ending on the date that is one year after the last day of such period of military service.
added “(B) With respect to a servicemember described in paragraph (1)(B), during the one-year period beginning on the date on which the servicemember is placed on convalescent status or transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code.
added “(C) With respect to a veteran described in paragraph (1)(C), during the one-year period beginning on the date of the retirement of such veteran.
added “(D) With respect to a surviving spouse of a servicemember as described in paragraph (1)(D), during the one-year period beginning on the date on which the spouse receives notice of the death of the servicemember.”
added
Clerical amendment— The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item:
added
Conforming amendment— Section 107 of the Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended by adding at the end the following:
added “(e) Other individuals—For purposes of this section, the term servicemember includes any covered individual under section 303B.”
added
Increased civil penalties for mortgage violations— Paragraph (3) of section 801(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended to read as follows:
added “(3) to vindicate the public interest, assess a civil penalty—
added “(A) with respect to a violation of section 207, 303, or 303B regarding real property—
added “(i) in an amount not exceeding $110,000 for a first violation; and
added “(ii) in an amount not exceeding $220,000 for any subsequent violation; and
added “(B) with respect to any other violation of this Act—
added “(i) in an amount not exceeding $55,000 for a first violation; and
added “(ii) in an amount not exceeding $110,000 for any subsequent violation.”
added
Credit discrimination— Section 108 of such Act (50 U.S.C. App. 518) is amended—
added
by striking “Application by” and inserting “(a) Application or receipt.—Application by”; and
added
by adding at the end the following new subsection:
added “(b) Eligibility—In addition to the protections under subsection (a), an individual who is entitled to any right or protection provided under this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such entitlement.”
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Requirements for lending institutions that are creditors for obligations and liabilities covered by the Servicemembers Civil Relief Act— Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527) is amended—
added
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
added
by inserting after subsection (c) the following new subsection (d):
added “(d) Lending institution requirements
added “(1) Compliance officers—Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution’s compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section.
added “(2) Toll-free telephone number—During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet website of the institution.”
added
Pension for certain veterans covered by medicaid plans for services furnished by nursing facilities— Section 5503(d)(7) of title 38, United States Code, is amended by striking “November 30, 2016” and inserting “March 1, 2017”.
added
Effective date— Section 303B of the Servicemembers Civil Relief Act, as added by subsection (a), and the amendments made by this section (other than the amendment made by subsection (e)), shall take effect on the date that is one year after the date of the enactment of this Act.
Sec. 557 Department of Defense recognition of dependents of members of the Armed Forces who serve in combat zones
added
added
Establishment and Presentation of Lapel Buttons— Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section:
added “1126b. Dependent-of-a-combat-veteran lapel button: eligibility and presentation
added “(a) Design and eligibility—A lapel button, to be known as the dependent-of-a-combat-veteran lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize the dependent of a member of the armed forces who is serving or has served in a combat zone for a period of more than 30 days.
added “(b) Presentation—The Secretary concerned may authorize the use of appropriated funds to procure dependent-of-a-combat-veteran lapel buttons and to provide for their presentation to eligible dependents of members.
added “(c) Exception to time-period requirement—The 30-day period specified in subsection (a) does not apply if the member is killed or wounded in the combat zone before the expiration the period.
added “(d) License to manufacture and sell lapel buttons—Section 901(c) of title 36 shall apply with respect to the dependent-of-a-combat-veteran lapel button authorized by this section.
added “(e) Combat zone defined—In this section, the term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.
added “(f) Regulations—The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable.”
added
Clerical Amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1126 the following new item:
Sec. 568 Requirement to continue provision of tuition assistance for members of the Armed Forces
addedadded The Secretary of each military department shall carry out tuition assistance programs for members of an Armed Force under the jurisdiction of that Secretary during fiscal year 2014 using an amount not less than the sum of any amounts appropriated or otherwise made available for tuition assistance for members of that Armed Force for fiscal year 2014.
Sec. 569 Internet access for members of the Army, Navy, Air Force, and Marine Corps serving in combat zones
added
added
Provision of internet access requirement— The Secretaries of the military departments shall ensure that members of the Army, Navy, Air Force, and Marine Corps who are deployed in an area for which imminent danger pay or hazardous duty pay is authorized under section 310 or 351 of title 37, United States Code, have reasonable access to the Internet in order to permit the members—
added
to engage in video-conferencing and other communication with their families and friends; and
added
to enjoy the educational and recreational capabilities of the Internet via websites approved by the Secretary concerned.
added
Waiver authority— The Secretary of a military department may waive the requirement imposed by subsection (a) for an area, or for certain time periods in an area, if the Secretary determines that the security environment of the area does not reasonably allow for recreational Internet use.
added
No charge for access and use— Internet access and use shall be provided to members under this section without charge.
added
Effective date— The requirement imposed by subsection (a) shall take effect on January 1, 2014.
Sec. 570 Report on the Troops to Teachers program
addedadded Not later than March 1, 2014, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the Troops to Teachers program that includes each of the following:
added
An evaluation of whether there is a need to broaden eligibility to allow service members and veterans without a bachelor’s degree admission into the program and whether the program can be strengthened.
added
An evaluation of whether a pilot program should be established to demonstrate the potential benefit of an institutional based award for troops to teachers, as long as any such pilot maximizes benefits to soldiers and minimizes administrative and other overhead costs at the participating academic institutions.
Sec. 570A Secretary of Defense report on feasibility of requiring automatic operation of current prohibition on accrual of interest on direct student loans of certain members of the Armed Forces
addedadded Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, after consultation with relevant Federal agencies, shall submit to Congress a report addressing the following:
added
Whether application of the benefits provided under section 455(o) of the Higher Education Act of 1965 (20 U.S.C. 1087e(o)) could occur automatically for members of the Armed Forces eligible for the benefits.
added
How the Department of Defense would implement the automatic operation of the current prohibition on the accrual of interest on direct student loans of certain members, including the Federal agencies with which the Department of Defense would coordinate.
added
If the Secretary determines that automatic operation is not feasible, an explanation of the reasons for that determination.
Sec. 585 Treatment of victims of the attacks at recruiting station in Little Rock, Arkansas, and at Fort Hood, Texas
Award of Purple Heart required— The Secretary of the military department concerned shall award the Purple Heart to the members of the Armed Forces who were killed or wounded in the attacks that occurred at the recruiting station in Little Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on November 5, 2009.
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Additional benefits—Exception— For purposes of all applicable Federal laws, regulations, and policies, This section shall not apply to a member of the Armed Forces or civilian employee of the Department of Defense who was killed whose death or wounded wound in an attack described in subsection (a) shall be deemed as follows:was the result of the willful misconduct of the member.
removed
In the case of a member, to have been killed or wounded in a combat zone.
removed
In the case of a civilian employee of the Department of Defense, to have been killed or wounded while serving with the Armed Forces in a contingency operation.
removed
Exception— This section shall not apply to a member of the Armed Forces whose death or wound in an attack subsection (a) was the result of the willful misconduct of the member.
Sec. 589 Required gold content for Medal of Honor
added
added
Army—
added
Gold content— Section 3741 of title 10, United States Code, is amended—
added
by striking “The President” and inserting “(a) Award.—The President”; and
added
by adding at the end the following new subsection:
added “(b) Gold content—The metal content of the Medal of Honor shall be 90 percent gold and 10 percent alloy.”
added
Exception for duplicate medal— Section 3754 of such title is amended by adding at the end the following new sentence: “Section 3741(b) of this title shall not apply to the issuance of a duplicate Medal of Honor under this section.”.
added
Navy—
added
Gold content— Section 6241 of title 10, United States Code, is amended—
added
by striking “The President” and inserting “(a) Award.—The President”; and
added
by adding at the end the following new subsection:
added “(b) Gold content—The metal content of the Medal of Honor shall be 90 percent gold and 10 percent alloy.”
added
Exception for duplicate medal— Section 6256 of such title is amended by adding at the end the following new sentence: “Section 6241(b) of this title shall not apply to the issuance of a duplicate Medal of Honor under this section.”.
added
Air Force—
added
Gold content— Section 8741 of title 10, United States Code, is amended—
added
by striking “The President” and inserting “(a) Award.—The President”; and
added
by adding at the end the following new subsection:
added “(b) Gold content—The metal content of the Medal of Honor shall be 90 percent gold and 10 percent alloy.”
added
Exception for duplicate medal— Section 8754 of such title is amended by adding at the end the following new sentence: “Section 8741(b) of this title shall not apply to the issuance of a duplicate Medal of Honor under this section.”.
added
Coast Guard—
added
Gold content— Section 491 of title 14, United States Code, is amended—
added
by striking “The President” and inserting “(a) Award.—The President”; and
added
by adding at the end the following new subsection:
added “(b) Gold content—The metal content of the Medal of Honor shall be 90 percent gold and 10 percent alloy.”
added
Exception for duplicate medal— Section 504 of such title is amended by adding at the end the following new sentence: “Section 491(b) of this title shall not apply to the issuance of a duplicate Medal of Honor under this section.”.
added
Effective date— The amendments made by this section shall apply with respect to Medals of Honor awarded after the date of the enactment of this Act.
Sec. 590 Consideration of Silver Star Award nominations
addedadded The Secretary of the Army shall consider the nominations for the Silver Star Award, as previously submitted, for retired Master Sergeants Michael McElhiney, Ronnie Raikes, Gilbert Magallanes, and Staff Sergeant Wesley McGirr.
Sec. 590A Report on Army review, findings, and actions pertaining to Medal of Honor nomination of Captain William L. Albracht
addedadded Not later than 30 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committee on Armed Services of the House of Representatives a report describing the Army's review, findings, and actions pertaining to the Medal of Honor nomination of Captain William L. Albracht. The report shall account for all evidence submitted with regard to the case.
Sec. 590B Replacement of military decorations
added
added
Prompt replacement required; annual report— Section 1135 of title 10, United States Code, is amended—
added
by redesignating subsection (b) as subsection (d); and
added
by inserting after subsection (a) the following new subsections:
added “(b) Prompt replacement required—When a request for the replacement of a military decoration is received under this section or section 3747, 3751, 6253, 8747, or 8751 of this title, the Secretary concerned shall ensure that—
added “(1) all actions to be taken with respect to the request, including verification of the service record of the recipient of the military decoration, are completed within one year; and
added “(2) the replacement military decoration is mailed to the person requesting the replacement military decoration within 60 days after verification of the service record.
added “(c) Annual report—The Secretary of Defense shall submit to the congressional defense committees an annual report regarding compliance by the military departments with the performance standards imposed by subsection (b). Each report shall include—
added “(1) for the one-year period covered by the report—
added “(A) the average number of days it took to verify the service record and entitlement of members and former members of the armed forces for replacement military decorations;
added “(B) the average number of days between receipt of a request and the date on which the replacement military decoration was mailed; and
added “(C) the average number of days between verification of a service record and the date on which the replacement military decoration was mailed; and
added “(2) an estimate of the funds necessary for the next fiscal year to meet or exceed such performance standards.”
added
Plan required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) a plan to implement the amendments made by subsection (a), including an estimate of the funds necessary for fiscal year 2015 to meet or exceed the performance standards imposed by such amendments.
Sec. 590C Authorization for award of the Medal of Honor to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War
added
added
Authorization— Subject to subsection (c), notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 3741 of such title to then First Lieutenant Alonzo H. Cushing for conspicuous acts of gallantry and intrepidity at the risk of life and beyond the call of duty in the Civil War, as described in subsection (b).
added
Acts of valor described— The acts of valor referred to in subsection (a) are the actions of then First Lieutenant Alonzo H. Cushing while in command of Battery A, 4th United States Artillery, Army of the Potomac, at Gettysburg, Pennsylvania, on July 3, 1863, during the American Civil War.
added
Report submission— Subsection (a) shall take effect upon receipt by the Committees on Armed Services of the Senate and House of Representatives of the report, as required in House Report 112–705, providing information on the process and materials used by review boards for the consideration of Medal of Honor recommendations for acts of heroism that occurred during the Civil War.
Sec. 594 Commission on Service to the Nation
Establishment— There is established a commission to be known as the “Commission on Service to the Nation”.
Duties—
Study— The Commission shall carry out a study of the following:
The effect of warfare, focusing on recent wars and conflicts, on members of the Armed Forces, the families of members, and the communities of members.
The outgoing experience and transition between military and civilian life.
The gaps between the military and those Americans who do not participate directly in the military community.
Testimony and research— In carrying out the study under paragraph (1), the Commission shall—
hear testimony from all aspects of military and civilian life, including public, private, individual and institutional stakeholders, with personal testimony, expert testimony, academic testimony, as well as testimony from association and community leaders, and other testimony as appropriate;
hear and accept testimony in an open and public manner, accepting testimony in a wide variety of ways for each hearing, including submissions made through a public internet website, and testimony heard remotely if appropriate;
retain the records of all hearings and artifacts of testimony for the purposes of historical documentation and research;
assess the social, mental, and physical effects of war on active members of the Armed Forces, the families of members, and the communities of members and the preparation they receive for transitioning out of the military; and
assess the existing academic and social science research and analysis on transition from active military to civilian life.
Recommendations— The Commission shall make recommendations, based on the analyses in subparagraphs (A) through (C) of paragraph (1), on how to better—
support the transition to civilian life of a member of the Armed Forces;
support the families and communities of the member; and
better connect the military community and civilians.
Website— The Commission shall maintain an Internet website available to the public to—
share the schedule of the Commission;
notify the public of events;
accept feedback; and
post records of events and other information to inform the public in a manner consistent with the mission of the Commission.
Composition—
Members— The Commission shall be composed of 15 members appointed as follows:
Four members appointed by Majority Leader of the Senate, in consultation with the chairman of the Committee on Armed Services of the Senate.
Four members appointed by the Speaker of the House of Representatives, in consultation with the chairman of the Committee on Armed Services of the House of Representatives.
Two members appointed by the Minority Leader of the Senate, in consultation with the ranking minority member of the Committee on Armed Services of the Senate.
Two members appointed by the Minority Leader of the House of Representatives, in consultation with the ranking minority member of the Committee on Armed Service of the House of Representatives.
Three members appointed by the President.
Qualifications— The members of the Commission shall be appointed from among persons who have knowledge and expertise in the following areas:
The effects of war on members of the Armed Forces, their families, and society.
The process of transitioning out of the Armed Forces.
The resources available to members and their families as members transition out of the Armed Forces and into society.
Personnel benefits, including healthcare and job training, available to members.
Policy making and policy analysis.
Service requirement— Not less than one member of the Commission appointed under each of subparagraphs (A) through (E) of paragraph (1) shall have served in the Armed Forces.
Duration and vacancies— Members of the Commission shall be appointed for the life of the Commission. A vacancy in the membership of the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment.
Chairman— The President shall designate a member of the Commission to serve as chairman of the Commission.
changed
Deadline for appointment— The members shall be appointed by not later than 90 days after the date of the enactment of this ActAct.
Procedures—
Initial meeting— The Commission shall hold its initial meeting not later than 30 days after the date on which all members of the Commission have been appointed.
Meetings— After the initial meeting under paragraph (1), the Commission shall meet at the call of the chairman.
Quorum— Four members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
Procedure— The Commission shall act by resolution agreed to by a majority of the members of the Commission.
Panels— The Commission may establish panels composed of less than the full membership of the Commission for the purpose of carrying out the Commission's duties. The actions of each such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.
Compensation and staff—
Pay— Each member of the Commission shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without pay in addition to that received for their services as officers or employees of the United States.
Travel expenses— The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
Executive director— The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161 of title 5, United States Code.
Staff— The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161 of title 5, United States Code.
Detail of government employees— Upon request of the chairman of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties.
Powers—
changed
Hearings— For the purpose of carrying out this Act, the Commission (or on the authority of the Commission, any subcommittee or member) may hold such hearings and forums, and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers appropriate. The Commission shall hold not less than one hearing in each State and State, the District of Columbia, and may hold hearings and forums in any commonwealth, territory, or possession of Puerto Rico, the United States as Virgin Islands, Guam, the Commission determines appropriate.Commonwealth of the Northern Mariana Islands, and American Samoa.
Information from Federal agencies— The Commission, or designated staff member, may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chairman of the Commission, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission, the head of that department or agency shall furnish that information to the Commission.
Miscellaneous administrative and support services— The Secretary of Defense shall furnish the Commission, on a reimbursable basis, any administrative and support services requested by the Commission.
Procurement of temporary and intermittent services— The chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title.
Gifts— The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the chairman, vice chairman, or designee.
Reports—
Initial report— Not later than 90 days after the initial meeting of the Commission, the Commission shall submit to the President, the Secretary of Defense, and the Committees on Armed Services of the Senate and the House of Representatives, and release to the public, a report setting forth—
a strategic plan for the work of the Commission;
a discussion of the activities of the Commission; and
any initial findings of the Commission.
Final report— Not later than 18 months after the initial meeting of the Commission, the Commission shall submit to the President, the Secretary of Defense, and the Committees on Armed Services of the Senate and the House of Representatives, and release to the public, a final report. Such report shall include any recommendations developed under subsection (b)(3) that the Commission determines appropriate, including any recommended legislation, policies, regulations, directives, and practices.
Termination— The Commission shall terminate 90 days after the date on which the final report is submitted under subsection (g)(2).
Sec. 595 Electronic tracking of certain reserve duty
addedadded The Secretary of Defense shall establish an electronic means by which members of the Ready Reserve of the Armed Forces can track their operational active-duty service performed after January 28, 2008, under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, United States Code. The tour calculator shall specify early retirement credit authorized for each qualifying tour of active duty, as well as cumulative early reserve retirement credit authorized to date under section 12731(f) of such title.
Sec. 596 Military salute during recitation of pledge of allegiance by members of the Armed Forces not in uniform and by veterans
addedadded Section 4 of title 4, United States Code, is amended by adding at the end the following new sentence: “Members of the Armed Forces not in uniform and veterans may render the military salute in the manner provided for persons in uniform.”.
Sec. 597 Provision of service records
added
added
In general— In accordance with subsection (b), the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall make the covered records of each member of the Armed Forces available to the Secretary of Veterans Affairs in an electronic format.
added
Timeline— The Secretary of Defense shall ensure that the covered records of members are made available to the Secretary of Veterans Affairs as follows:
added
With respect to a member of the Armed Forces who was discharged or released from the Armed Forces during the period beginning on September 11, 2001, and ending on the day before the date of the enactment of this Act, not later than 120 days after the date of such discharge or release.
added
With respect to a member of the Armed Forces who is discharged or released from the Armed Forces on or after the date of the enactment of this Act, not later than 90 days after the date of such discharge or release.
added
Certification— For each member of the Armed Forces whose covered records are made available under subsection (a), the Secretary of Defense shall transmit to the Secretary of Veterans Affairs a letter certifying that—
added
the Secretary of Defense thoroughly reviewed the records of the member;
added
the information provided in the covered records of such member is complete as of the date of the letter;
added
no other information that should be included in such covered records exist as of such date; and
added
if other information is later discovered—
added
such other information will be added to such covered records; and
added
the Secretary of Defense will notify the Secretary of Veterans Affairs of such addition.
added
Sharing of protected health information— For purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note), making medical records available to the Secretary of Veterans Affairs under subsection (a) shall be treated as a permitted disclosure.
added
Currently available records— The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall ensure that the covered records of members of the Armed Forces that are available to the Secretary as of the date of the enactment of this Act are made electronically accessible and available in real-time to the Veterans Benefits Administration.
added
Covered records defined— In this section, the term covered records means, with respect to a member of the Armed Forces—
added
service treatment records;
added
accompanying personal records;
added
relevant unit records; and
added
medical records created by reason of treatment or services received pursuant to chapter 55 of title 10, United States Code.
Sec. 598 Sense of Congress regarding the recovery of the remains of certain members of the Armed Forces killed in Thurston Island, Antarctica
added
added
Findings— Congress makes the following findings:
added
Commencing August 26, 1946, though late February 1947 the United States Navy Antarctic Developments Program Task Force 68, codenamed “Operation Highjump” initiated and undertook the largest ever-to-this-date exploration of the Antarctic continent.
added
The primary mission of the Task Force 68 organized by Rear Admiral Richard E. Byrd Jr. USN, (Ret) and led by Rear Admiral Richard H. Cruzen, USN, was to do the following:
added
Establish the Antarctic research base Little America IV.
added
In the defense of the United States of America from possible hostile aggression from abroad—to train personnel test equipment, develop techniques for establishing, maintaining and utilizing air bases on ice, with applicability comparable to interior Greenland, where conditions are similar to those of the Antarctic.
added
Map and photograph a full two-thirds of the Antarctic Continent during the classified, hazardous duty/volunteer-only operation involving 4700 sailors, 23 aircraft and 13 ships including the first submarine the U.S.S. Sennet, and the aircraft carrier the U.S.S. Philippine Sea, brought to the edge of the ice pack to launch (6) Navy ski-equipped, rocket-assisted R4Ds.
added
Consolidate and extend United States sovereignty over the largest practicable area of the Antarctic continent.
added
Determine the feasibility of establishing, maintaining and utilizing bases in the Antarctic and investigating possible base sites.
added
While on a hazardous duty/all volunteer mission vital to the interests of National Security and while over the eastern Antarctica coastline known as the Phantom Coast, the PBM–5 Martin Mariner “Flying Boat”“George 1” entered a whiteout over Thurston Island. As the pilot attempted to climb, the aircraft grazed the glacier’s ridgeline and exploded within 5 seconds instantly killing Ensign Maxwell Lopez, Navigator and Wendell “Bud” Hendersin, Aviation Machinists Mate 1st Class while Frederick Williams, Aviation Radioman 1st Class died several hours later. Six other crewmen survived including the Captain of the “George 1’s” seaplane tender U.S.S. Pine Island.
added
The bodies of the dead were protected from the desecration of Antarctic scavenging birds (Skuas) by the surviving crew wrapping the bodies and temporarily burying the men under the starboard wing engine nacelle.
added
Rescue requirements of the “George–1” survivors forced the abandonment of their crewmates’ bodies.
added
Conditions prior to the departure of Task Force 68 precluded a return to the area to the recover the bodies.
added
For nearly 60 years Navy promised the families that they would recover the men: “If the safety, logistical, and operational prerequisites allow a mission in the future, every effort will be made to bring our sailors home.”.
added
The Joint POW/MIA Accounting Command twice offered to recover the bodies of this crew for Navy.
added
A 2004 NASA ground penetrating radar overflight commissioned by Navy relocated the crash site three miles from its crash position.
added
The Joint POW/MIA Accounting Command offered to underwrite the cost of an aerial ground penetrating radar (GPR) survey of the crash site area by NASA.
added
The Joint POW/MIA Accounting Command studied the recovery with the recognized recovery authorities and national scientists and determined that the recovery is only “medium risk”.
added
National Science Foundation and scientists from the University of Texas, Austin, regularly visit the island.
added
The crash site is classified as a “perishable site”, meaning a glacier that will calve into the Bellingshausen Sea.
added
The National Science Foundation maintains a presence in area—of the Pine Island Glacier.
added
The National Science Foundation Director of Polar Operations will assist and provide assets for the recovery upon the request of Congress.
added
The United States Coast Guard is presently pursuing the recovery of 3 WWII air crewmen from similar circumstances in Greenland.
added
On Memorial Day, May 25, 2009, President Barack Obama declared: “* * * the support of our veterans is a sacred trust * * * we need to serve them as they have served us * * * that means bringing home all our POWs and MIAs * * *”.
added
The policies and laws of the United States of America require that our armed service personnel be repatriated.
added
The fullest possible accounting of United States fallen military personnel means repatriating living American POWs and MIAs, accounting for, identifying, and recovering the remains of military personnel who were killed in the line of duty, or providing convincing evidence as to why such a repatriation, accounting, identification, or recovery is not possible.
added
It is the responsibility of the Federal Government to return to the United States for proper burial and respect all members of the Armed Forces killed in the line of duty who lie in lost graves.
added
Sense of congress— In light of the findings under subsection (a), Congress—
added
reaffirms its support for the recovery and return to the United States, the remains and bodies of all members of the Armed Forces killed in the line of duty, and for the efforts by the Joint POW-MIA Accounting Command to recover the remains of members of the Armed Forces from all wars, conflicts and missions;
added
recognizes the courage and sacrifice of all members of the Armed Forces who participated in Operation Highjump and all missions vital to the national security of the United States of America;
added
acknowledges the dedicated research and efforts by the US Geological Survey, the National Science Foundation, the Joint POW/MIA Accounting Command, the Fallen American Veterans Foundation and all persons and organizations to identify, locate, and advocate for, from their temporary Antarctic grave, the recovery of the well-preserved frozen bodies of Ensign Maxwell Lopez, Naval Aviator, Frederick Williams, Aviation Machinist’s Mate 1ST Class, Wendell Hendersin, Aviation Radioman 1ST Class of the “George 1” explosion and crash; and
added
encourages the Department of Defense to review the facts, research and to pursue new efforts to undertake all feasible efforts to recover, identify, and return the well-preserved frozen bodies of the “George 1” crew from Antarctica’s Thurston Island.
Sec. 599 Gifts made for the benefit of military musical units
addedadded Section 974 of title 10, United States Code, is amended—
added
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
added
by inserting after subsection (c) the following:
added “(d) Performances funded by private donation—Notwithstanding section 2601(c) of this title, any gift made to the Secretary of Defense under section 2601 on the condition that such gift be used for the benefit of a military musical unit shall be credited to the appropriation or account providing the funds for such military musical unit. Any amount so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account.”
Sec. 602 Recognition of additional means by which members of the National Guard called into Federal service for a period of 30 days or less may initially report for duty for entitlement to basic pay
addedadded Section 204(c) of title 37, United States Code, is amended—
added
in the first sentence, by striking “date when he appears at the place of company rendezvous” and inserting “date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit”; and
added
by striking the second sentence and inserting the following new sentence: “However, this subsection does not authorize any expenditure before the member makes authorized contact that is not authorized by law to be paid after such authorized contact.”.
Sec. 634 Exchange store system participation in the Accord on Fire and Building Safety in Bangladesh
added
added
Special procurement guidance for garments manufactured in Bangladesh— The senior official of the Department of Defense designated pursuant to section 2481(c) to oversee the defense commissary system and the exchange store system shall require, consistent with applicable international agreements, that the exchange store system—
added
for the purchase of garments manufactured in Bangladesh for the private label brands of the exchange store system, becomes a signatory of or otherwise complies with applicable requirements set forth in the Accord on Fire and Building Safety in Bangladesh;
added
for the purchase of licensed apparel manufactured in Bangladesh, gives a preference to licensees that are signatories to the Accord on Fire and Building Safety in Bangladesh; and
added
for the purchase of garments manufactured in Bangladesh from retail suppliers, gives a preference to retail suppliers that are signatories to the Accord on Fire and Building Safety in Bangladesh.
added
Notice of exceptions— If any garments manufactured in Bangladesh are purchased from suppliers that are not signatories to the Accord on Fire and Building Safety in Bangladesh, the Department of Defense official referred to in subsection (a) shall notify Congress of the purchase and the reasons therefor.
added
Effective date— The requirements imposed by this section shall take effect 90 days after the date of the enactment of this Act or as soon after that date as the Secretary of Defense determines to be practicable so as to avoid disruption in garment supplies for the exchange store system.
Sec. 644 Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total
added
added
Availability of transportation— Section 2641b of title 10, United States Code, as amended by section 622 of National Defense Authorization Act for Fiscal Year 2013, is further amended—
added
by redesignating subsection (f) as subsection (g); and
added
by inserting after subsection (e) the following new subsection (f):
added “(f) Special priority for certain disabled veterans
added “(1) The Secretary of Defense shall provide, at no additional cost to the Department of Defense and with no aircraft modification, transportation on scheduled and unscheduled military flights within the continental United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for any veteran with a service-connected, permanent disability rated as total.
added “(2) Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the travel program, the Secretary shall provide transportation under paragraph (1) on the same basis as such transportation is provided to members of the armed forces entitled to retired or retainer pay.
added “(3) The requirement to provide transportation on Department of Defense aircraft on a space-available basis on the priority basis described in paragraph (2) to veterans covered by this subsection applies whether or not the travel program is established under this section.
added “(4) In this subsection, the terms veteran and service-connected have the meanings given those terms in section 101 of title 38.”
added
Effective date— Subsection (f) of section 2641b of title 10, United States Code, as added by subsection (a), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.
Sec. 703 Behavioral health treatment of developmental disabilities under TRICARE
added
added
In general— Section 1077 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(g)
added “(1) Subject to paragraph (3)(A), in providing health care under subsection (a), the treatment of developmental disabilities (as defined by section 102(8) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002(8))), including autism spectrum disorder, shall include behavioral health treatment, including applied behavior analysis, when prescribed by a physician.
added “(2) In carrying out this subsection, the Secretary shall ensure that—
added “(A) except as provided by subparagraph (B), a person who is authorized to provide behavioral health treatment is licensed or certified by a State or accredited national certification board; and
added “(B) applied behavior analysis or other behavioral health treatment may be provided by an employee, contractor, or trainee of a person described in subparagraph (A) if the employee, contractor, or trainee meets minimum qualifications, training, and supervision requirements as set forth by the Secretary.
added “(3)
added “(A) This subsection shall not apply to—
added “(i) a medicare eligible beneficiary (as defined in section 1111(b) of this title); or
added “(ii) a covered beneficiary who is a beneficiary by reason of being a retired member of the Coast Guard, the Commissioned Corp of the National Oceanic and Atmospheric Administration, or the Commissioned Corp of the Public Health Service, or by being a dependent of such a retired member.
added “(B) Except as provided in subparagraph (A), nothing in this subsection shall be construed as limiting or otherwise affecting the benefits otherwise provided to a covered beneficiary under—
added “(i) this chapter;
added “(ii) title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or
added “(iii) any other law.”
added
Funding—
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1406 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for Private Sector Care is hereby increased by $60,000,000.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for the Office of the Secretary of Defense (Line 280) is hereby reduced by $60,000,000.
Sec. 704 Extension of Transitional Assistance Management Program
added
added
Telemedicine— In carrying out the Transitional Assistance Management Program, the Secretary of Defense shall extend the coverage of such program to individuals by an additional 180 days for treatment provided through telemedicine.
added
Mental health care and behavioral services—
added
In general— The Secretary shall extend the coverage of the Transitional Assistance Management Program for covered treatment to covered individuals for a period determined necessary by a health care professional treating the covered individual.
added
Definitions— In this subsection:
added
The term “covered individual” means an individual who—
added
during the initial 180-day period of being enrolled in the Transitional Assistance Management Program, received any mental health care treatment or covered treatment; or
added
during the one-year period preceding separation or discharge from the Armed Forces, received any mental health care treatment.
added
The term “covered treatment” means behavioral services provided through telemedicine.
added
Sunset— The authority of the Secretary to carry out paragraph (1) shall terminate on December 31, 2018, if the Secretary determines that by that date the suicide rates for both members of the Armed Forces serving on active duty and for members of a reserve component are 50 percent less than such rates as of December 31, 2012.
added
Telemedicine defined— In this section, the term “telemedicine” means the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient's medical condition, including for behavioral services.
Sec. 705 Comprehensive policy on improvements to care and transition of service members with urotrauma
added
added
Comprehensive policy required—
added
In general— Not later than January 1, 2014, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop and implement a comprehensive policy on improvements to the care, management, and transition of recovering service members with urotrauma.
added
Scope of policy— The policy shall cover each of the following:
added
The care and management of the specific needs of service members who are urotrauma patients, including eligibility for the Recovery Care Coordinator Program pursuant to the Wounded Warrior Act (10 U.S.C. 1071 note).
added
The return of service members who have recovered to active duty when appropriate.
added
The transition of recovering service members from receipt of care and services through the Department of Defense to receipt of care and services through the Department of Veterans Affairs.
added
Consultation— The Secretary of Defense and the Secretary of Veterans Affairs shall develop the policy in consultation with the heads of other appropriate departments and agencies of the Federal Government, with representatives of military service organizations representing the interests of service members who are urotrauma patients and with appropriate nongovernmental organizations having an expertise in matters relating to the policy.
added
Report— The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report that includes a review identifying and options for responding to gaps in the care of service members who are urotrauma patients.
Sec. 714 Pilot program on increased third-party collection reimbursements in military medical treatment facilities
Pilot program—
In general— The Secretary of Defense, in coordination with the Secretaries of the military departments, shall carry out a pilot program to demonstrate and assess the feasibility of implementing processes described in paragraph (2) to increase the amounts collected under section 1095 of title 10, United States Code, from a third-party payer for charges for health care services incurred by the United States at a military medical treatment facility.
Processes described— The processes described in this paragraph are revenue-cycle management processes, including cash-flow management and accounts-receivable processes.
Requirements— In carrying out the pilot program under subsection (a)(1), the Secretary shall—
identify and analyze the best practice option, including commercial best practices, with respect to the processes described in subsection (a)(2) that are used in nonmilitary health care facilities; and
conduct a cost-benefit analysis to assess measurable results of the pilot program, including an analysis of—
the different processes used in the pilot program;
the amount of third-party collections that resulted from such processes;
the cost to implement and sustain such processes; and
any other factors the Secretary determines appropriate to assess the pilot program.
Locations— The Secretary shall carry out the pilot program under subsection (a)(1)—
at military installations that have a military medical treatment facility with inpatient and outpatient capabilities;
at a number of such installations at different military departments that the Secretary determines sufficient to fully assess the results of the pilot program.
Duration— The Secretary shall commence the pilot program under subsection (a)(1) by not later than 270 days after the date of the enactment of this Act and shall carry out such program for three years.
Report— Not later than 180 days after completing the pilot program under subsection (a)(1), the Secretary shall submit to the congressional defense committees a report describing the results of the program, including—
a comparison of—
the processes described in subsection (a)(2) that were used in the military medical treatment facilities participating in the program; and
the third-party collection processes used by military medical treatment facilities not included in the program;
a cost analysis of implementing the processes described in subsection (a)(2) for third-party collections at military medical treatment facilities; and
an assessment of the program, including any recommendations to improve third-party collections.
added
Additional report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the methods, as of the date of the report, employed by the military departments to collect charges from third-party payers incurred at military medical treatment facilities, including specific data with respect to the dollar amount of third-party collections that resulted from each method currently being used throughout the military departments. The Secretary shall take into account the results of such report in evaluating the results of the pilot program under subsection (a)(1).
Sec. 723 Mental health support for military personnel and families
The Secretary of Defense may carry out collaborative programs to—
changed
respond to the escalating suicide rates and combat stress related arrest rates of members of the Armed Forces; andForces;
changed
train active duty members to recognize and respond to combat stress disorder, suicide risk, substance addiction, risk-taking behaviors, and family violence.violence; and
added
determine the effectiveness of the efforts of the Department of Defense in reducing suicide rates of members of the Armed Forces.
Sec. 726 Data sharing with State adjutant generals to facilitate suicide prevention efforts
addedadded Upon the request of any adjutant general of a State, the Secretary of Defense shall share the contact information of members of the Individual Ready Reserve and individual mobilization augmentees who reside in the State of such adjutant general for the purpose of conducting suicide prevention outreach efforts.
Sec. 727 Increased collaboration with NIH to combat triple negative breast cancer
addedadded The Office of Health of the Department of Defense shall work in collaboration with the National Institutes of Health to—
added
identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and
added
provide information useful in biomarker selection, drug discovery, and clinical trials design that will enable both—
added
triple negative breast cancer patients to be identified earlier in the progression of their disease; and
added
the development of multiple targeted therapies for the disease.
Sec. 728 Sense of Congress on mental health counselors for members of the Armed Forces and their families
addedadded It is the sense of Congress that—
added
the Secretary of Defense should develop a plan to ensure a sustainable flow of qualified counselors to meet the long-term needs of members of the Armed Forces and their families for counselors; and
added
the plan should include the participation of accredited schools and universities, health care providers, professional counselors, family service or support centers, chaplains, and other appropriate resources of the Department of Defense.
Sec. 729 Report on role of Department of Veterans Affairs in Department of Defense centers of excellence
addedadded Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Armed Services and Veterans’ Affairs of the House of Representatives and the Committees on Armed Services and Veterans’ Affairs of the Senate a report on the centers of excellence established under sections 1621, 1622, and 1623 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 1071 note). Such report shall include each of the following:
added
The amount of resources that have been obligated by Department of Veterans Affairs in support of each of the centers since the dates on which they were established, including the amount of personnel, time, money, and function provided in support of the centers.
added
An estimate of the amount of resources the Secretary expects the Department to dedicate to each of the centers during each of fiscal years 2014 through 2018.
added
A description of the role of the Department within each of the centers.
Sec. 730 Preliminary mental health assessments
addedadded Before any individual enlists in the Armed Forces or is commissioned as an officer in the Armed Forces, the Secretary of Defense shall provide the individual with a mental health assessment. The Secretary shall use such results as a baseline for any subsequent mental health examinations, including such examinations provided under sections 1074f and 1074m of title 10, United States Code, and section 1074n of such title, as added by section 702.
Sec. 731 Sense of Congress on the traumatic brain injury plan
addedadded It is the sense of Congress that—
added
section 739(b) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1822) requires the Secretary of Defense to submit a plan to Congress to improve the coordination and integration of the programs of the Department of Defense that address traumatic brain injury and the psychological health of members of the Armed Forces not later than 180 days after the date of the enactment of such Act;
added
the requirement to submit the plan is still in effect and the contents of the plan are still important; and
added
the Secretary of Defense should deliver the report within the required time frame.
Sec. 732 Report on memorandum regarding traumatic brain injuries
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on how the Secretary will identify, refer, and treat traumatic brain injuries with respect to members of the Armed Forces who served in Operation Enduring Freedom or Operation Iraqi Freedom before the date in June 2010 on which the memorandum regarding using a 50-meter distance from an explosion as a criterion to properly identify, refer, and treat members for potential traumatic brain injury took effect.
Sec. 733 Pilot program for investigational treatment of members of the Armed Forces for traumatic brain injury and post-traumatic stress disorder
added
added
Process— The Secretary of Defense shall carry out a five-year pilot program under which the Secretary shall establish a process through which the Secretary shall provide payment for investigational treatments (including diagnostic testing) of traumatic brain injury or post-traumatic stress disorder received by members of the Armed Forces in health care facilities other than military treatment facilities. Such process shall provide that payment be made directly to the health care facility furnishing the treatment.
added
Conditions for approval— The approval by the Secretary for payment for a treatment pursuant to subsection (a) shall be subject to the following conditions:
added
Any drug or device used in the treatment must be approved or cleared by the Food and Drug Administration for any purpose and its use must comply with rules of the Food and Drug Administration applicable to investigational new drugs or investigational devices.
added
The treatment must be approved by the Secretary following approval by an institutional review board operating in accordance with regulations issued by the Secretary of Health and Human Services.
added
The patient receiving the treatment must demonstrate an improvement under criteria approved by the Secretary, as a result of the treatment on one or more of the following:
added
Standardized independent pre-treatment and post-treatment neuropsychological testing.
added
Accepted survey instruments including, such instruments that look at quality of life.
added
Neurological imaging.
added
Clinical examination.
added
The patient receiving the treatment must be receiving the treatment voluntarily and based on informed consent.
added
The patient receiving the treatment may not be a retired member of the Armed Forces who is entitled to benefits under part A, or eligible to enroll under part B, of title XVIII of the Social Security Act.
added
Additional restrictions authorized— The Secretary may establish additional restrictions or conditions for reimbursement as the Secretary determines appropriate to ensure the protection of human research subjects, appropriate fiscal management, and the validity of the research results.
added
Authority— The Secretary shall make payments under this section for treatments received by members of the Armed Forces using the authority in subsection (c)(1) of section 1074 of title 10, United States Code.
added
Amount— A payment under this section shall be made at the equivalent Centers for Medicare and Medicaid Services reimbursement rate in effect for appropriate treatment codes for the State or territory in which the treatment is received. If no such rate is in effect, payment shall be made on a cost-reimbursement basis, as determined by the Secretary, in consultation with the Secretary of Health and Human Services.
added
Data collection and availability—
added
In general— The Secretary shall develop and maintain a database containing data from each patient case involving the use of a treatment under this section. The Secretary shall ensure that the database preserves confidentiality and that any use of the database or disclosures of such data are limited to such use and disclosures permitted by law and applicable regulations.
added
Publication of qualified institutional review board studies— The Secretary shall ensure that an Internet website of the Department of Defense includes a list of all civilian institutional review board studies that have received a payment under this section.
added
Assistance for members to obtain treatment—
added
Assignment to temporary duty— The Secretary of a military department may assign a member of the Armed Forces under the jurisdiction of the Secretary to temporary duty or allow the member a permissive temporary duty in order to permit the member to receive treatment for traumatic brain injury or post-traumatic stress disorder, for which payments shall be made under subsection (a), at a location beyond reasonable commuting distance of the permanent duty station of the member.
added
Per diem— A member who is away from the permanent station of the member may be paid a per diem in lieu of subsistence in an amount not more than the amount to which the member would be entitled if the member were performing travel in connection with a temporary duty assignment.
added
Gift rule waiver— The Secretary of Defense may waive any rule of the Department of Defense regarding ethics or the receipt of gifts with respect to any assistance provided to a member of the Armed Forces for travel or per diem expenses incidental to receiving treatment under this section.
added
Memoranda of understanding— The Secretary shall enter into memoranda of understandings with civilian institutions for the purpose of providing members of the Armed Forces with treatment carried out by civilian health care practitioners under treatment—
added
approved by and under the oversight of civilian institutional review boards; and
added
that would qualify for payment under this section.
added
Outreach— The Secretary of Defense shall establish a process to notify members of the Armed Forces of the opportunity to receive treatment pursuant to this section.
added
Report to congress— Not later than 30 days after the last day of each fiscal year during which the Secretary is authorized to make payments under this section, the Secretary shall submit to Congress an annual report on the implementation of this section and any available results on investigational treatment studies authorized under this section.
added
Termination— The authority to make a payment under this section shall terminate on the date that is five years after the date of the enactment of this Act.
added
Authorization of appropriations— There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year during which the Secretary is authorized to make payments under this section.
added
Funding increase and offsetting reduction—
added
In general— Notwithstanding the amounts set forth in the funding tables in division D, to carry out this section during fiscal year 2014—
added
the amount authorized to be appropriated in section 1406 for the Defense Health Program, as specified in the corresponding funding table in division D, is hereby increased by $10,000,000, with the amount of the increase allocated to the Defense Health Program, as set forth in the table under section 4501, to carry out this section; and
added
the amount authorized to be appropriated in section 301 for Operation and Maintenance, Defense-wide, as specified in the corresponding funding table in division D, is hereby reduced by $10,000,000, with the amount of the reduction to be derived from Line 280, Office of the Secretary of Defense as set forth in the table under section 4301.
added
Merit-based or competitive decisions— A decision to commit, obligate, or expend funds referred to in paragraph (1)(A) with or to a specific entity shall—
added
be based on merit-based selection procedures in accordance with the requirements of sections 2304(k), 2361, and 2374 of title 10, United States Code, or on competitive procedures; and
added
comply with other applicable provisions of law.
Sec. 734 Integrated Electronic Health Record of the Departments of Defense and Veterans Affairs
added
added
Sense of Congress— It is the sense of Congress that—
added
despite repeated attempts at cooperation over the past 20 years, the Department of Defense and the Department of Veterans Affairs have failed to implement a solution that allows for seamless electronic sharing of medical health care data;
added
the recent decision by the Secretary of Defense and the Secretary of Veterans Affairs to abandon their earlier agreement and pursue separate paths to integration jeopardizes the stated goal of providing “a patient-centered health care system that delivers excellent quality, access, satisfaction, and value, consistently across the Departments”;
added
despite the repeated concerns and objections of the congressional committees of jurisdiction, the Department of Defense and the Department of Veterans Affairs seem to be on a continued path to fail in achieving the goal of creating a seamless health record that integrates data across the Departments; and
added
the President should make the necessary leadership changes to assure timely completion of this requirement.
added
Implementation— The Secretary of Defense and the Secretary of Veterans Affairs shall—
added
implement an integrated electronic health record to be used by each of the Secretaries; and
added
deploy such record by not later than October 1, 2016.
added
Design principles— The integrated electronic health record established under subsection (b) shall adhere to the following principles:
added
To the extent practicable, efforts to establish such record shall be based on objectives, activities, and milestones established by the Joint Executive Committee Joint Strategic Plan Fiscal Years 2013–2015, including any requirements, definition, documents, or analyses previously developed to satisfy said Joint Strategic Plan.
added
Principles with respect to open architecture standards, including—
added
modular designs based on standards with loose coupling and high cohesion that allow for independent acquisition of system components;
added
if existing national standards do not exist as of the date on which the record is being established, the Secretaries shall agree upon and adopt a standard for purposes of the record until such time as national standards are established;
added
enterprise investment strategies that maximize reuse of proven system designs;
added
implementation of aggressive life-cycle sustainment planning that uses proven technology insertion strategies and product upgrade techniques;
added
enforcement of system design transparency, continuous design disclosure and improvement, and peer reviews that include government, academia, and industry; and
added
strategies for data-use rights to ensure a level competitive playing field and access to alternative solutions and sources across the life-cycle of the program.
added
By the point of full deployment decision, such record must be at a generation 3 level or better for a health information technology system.
added
Program plan— Not later than January 31, 2014, the Secretaries shall jointly develop and submit to the appropriate congressional committees a program plan for the oversight and execution of the integrated electronic health record program established under this section. This plan shall include—
added
program objectives;
added
organization;
added
responsibilities of the Departments;
added
technical system requirements;
added
milestones, including a schedule for industry competitions for capabilities needed to satisfy the technical system requirements;
added
technical system standards being adopted by the program;
added
outcome-based metrics proposed to measure the performance and effectiveness of the program; and
added
level of funding for fiscal years 2014 through 2017.
added
Assessment—
added
In general— The Secretaries shall jointly commission an independent assessment of the program plan under subsection (d).
added
Submission— Not later than 60 days after the date on which the program plan under subsection (d) is submitted to the appropriate congressional committees, the Secretaries shall jointly submit to such committees the independent assessment conducted under paragraph (1).
added
Limitation of funds— Not more than 25 percent of the amounts authorized to be appropriated by this Act or otherwise made available for development , modernization, or enhancement of the integrated electronic health record within the Department of Veterans Affairs or for operation and maintenance for the Defense Health Agency of the Department of Defense may be obligated or expended until the date on which the program plan under subsection (d) is submitted to the appropriate congressional committees.
added
Monthly reporting— On a monthly basis, the Secretary of Defense and the Secretary of Veterans affairs shall each submit to the appropriate congressional committees a report on the expenditures incurred by the Secretary in the development of an integrated electronic health record under this section. Such reports shall include obligations by major categories of spending and by support of milestones identified in the program plan required under subsection (d).
added
Requirements—
added
In general— Not later than October 1, 2014, all health care information contained in the Department of Defense AHLTA and the Department of Veterans Affairs VistA systems shall be available and actionable in real-time to health care providers in each Department through shared technology.
added
Certification— At such time as the operational capability described in paragraph (1) is achieved, the Secretaries shall jointly certify to the appropriate congressional committees that the Secretaries have implemented such operational capability.
added
Limitation of funds— Neither the Secretary of Defense or the Secretary of Veterans Affairs may obligate or expend more than 10 percent of the amounts authorized to be appropriated by this Act or otherwise made available for the research, development, test, and evaluation, or procurement for the Virtual Lifetime Electronic Record until the date on which the certification is made under paragraph (2).
added
Responsible official— The Secretary of Defense and the Secretary of Veterans Affairs shall each identify a senior official to be responsible for the electronic health record established under this section, including the operational capability described in paragraph (1). Such official shall have included within their performance evaluation performance metrics related to the execution of the responsibilities under this paragraph. Not later than 30 days after the date of the enactment of this Act, each Secretary shall submit to the appropriate congressional committees the name of the senior official selected under this paragraph.
added
Accountability review— If the Secretary of Defense and the Secretary of Veterans Affairs fail to meet the requirements under paragraph (1), the Secretaries shall jointly conduct an accountability review to identify the following:
added
The root cause of the failure and if the failure is a result of technology or human performance.
added
The work sections responsible for the failure.
added
The milestones and resource investment required to achieve such requirements.
added
The recommendations for corrective actions, to include personnel actions, to achieve such requirements.
added
Submission of accountability review— If the Secretaries conduct a review under paragraph (5), the Secretaries shall jointly submit to the appropriate congressional committees a report of the results of the review by not later than November 30, 2014.
added
Advisory panel—
added
Establishment— Not later than 60 days after the date of the enactment of this Act, the Secretaries shall jointly establish an advisory panel to support the development and validation of requirements, programmatic assessment, and other actions, as needed by the Secretaries, with respect to the integrated electronic health record established under subsection (b). The panel shall certify to the appropriate congressional committees that such record meets the definition of “integrated” as specified in subsection (j)(4).
added
Membership— The panel established under paragraph (1) shall consist of not more than 14 members, appointed by the Secretaries as follows:
added
Two co-chairs, one appointed by each of the Secretaries.
added
The chief information officer of the Department of Defense and the chief information officer of the Department of Veterans Affairs.
added
One member from the acquisition community of the Department of Defense and one member from such community of the Department of Veterans Affairs.
added
Two members from the academic community appointed by the Secretary of Defense.
added
Two members from the academic community appointed by the Secretary of Veterans Affairs.
added
Two members from industry appointed by the Secretary of Defense.
added
Two members from industry appointed by the Secretary of Veterans Affairs.
added
Reporting— The Advisory panel established under paragraph (1) shall submit to the appropriate congressional committees a quarterly report on the activities of the panel. The panel shall submit the first report by not later than December 31, 2013.
added
Definitions— In this section:
added
The term actionable means information that is directly useful to customers for immediate use in clinical decision making.
added
The term appropriate congressional committees means—
added
the congressional defense committees; and
added
the Committees on Veterans’ Affairs of the Senate and the House of Representatives.
added
The term generation 3 means, with respect to an electronic health systems, a system that has the technical capability to bring evidence-based medicine to the point of care and provide functionality for multiple care venues.
added
The term integrated means one single core technology or an inherent cross-platform capability without the need for additional patch development to accomplish this capability.
Sec. 735 Comptroller General report on recovery audit program for TRICARE
addedadded Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report that evaluates the similarities and differences in the approaches to identifying and recovering improper payments across Medicare and TRICARE. The report shall contain an evaluation of the following:
added
Medicare and TRICARE claims processing efforts to prevent improper payments by denying claims prior to payment.
added
Medicare and TRICARE claims processing efforts to correct improper payments post-payment.
added
The effectiveness of Medicare and TRICARE post-payment audit programs in place to identify and correct improper payments that are returned to the government plans.
Sec. 803 Extension of limitation on aggregate annual amount available for contract services
Section 808 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1489) is amended—
changed
in subsections (a) and (b), by striking “fiscal year 2012 or 2013” each place it appears and inserting “fiscal year 2012, 2013, 2014 or 2015”; and2015”;
changed
by striking “fiscal years 2012 and 2013” each place it appears and inserting “fiscal years 2012, 2013, 2014, and 2015”.in subsection (c)—
added
by striking “during fiscal years 2012 and 2013” in the matter preceding paragraph (1);
added
by striking paragraphs (1) and (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively; and
added
in paragraph (3), as so redesignated, by striking “fiscal years 2012 and 2013” and inserting “fiscal years 2012, 2013, 2014, and 2015”;
added
in subsection (d)(4), by striking “fiscal year 2012 or 2013” and inserting “fiscal year 2012, 2013, 2014 or 2015”; and
added
by adding at the end the following new subsections:
added “(e) Carryover of reductions required—If the reductions required by subsection (c)(2) for fiscal years 2012 and 2013 are not implemented, the amounts remaining for those reductions in fiscal years 2012 and 2013 shall be implemented in fiscal years 2014 and 2015.
added “(f) Anti-Deficiency Act violation—Failure to comply with subsections (a) and (e) shall be considered violations of section 1341 of title 31, United States Code (popularly referred to as the Anti-Deficiency Act).”
Sec. 833 Report on procurement supply chain vulnerabilities
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on how sole source suppliers of components to the Department of Defense procurement supply chain create vulnerabilities to military attack, terrorism, natural disaster, industrial shock, financial crisis, or geopolitical crisis, such as an embargo of key raw materials or industrial inputs.
added
Matters covered— The report required by subsection (a) shall include, at a minimum, the following:
added
A list of the components in the Department of Defense procurement supply chain for which there is a supplier that controls over 50 percent of the global market.
added
A list of parts of the supply chain where there is inadequate information to ascertain whether there is a single source supplier of components.
added
The Secretary’s recommendations on which single source suppliers create vulnerabilities, as well recommendations on how to reduce those vulnerabilities.
added
Form of report— The report required by subsection (a) may be classified.
Sec. 834 Study on the impact of contracting with veteran-owned small businesses
added
added
In general— Not later than 180 days after the enactment of this Act, the Secretary of Defense, in coordination with the Administrator of the Small Business Administration and the Secretary of Veterans Affairs, shall issue a report that includes—
added
a description of the impacts of Department of Defense contracting with small business concerns owned and controlled by veterans and small business concerns owned and controlled by service-disabled veterans on veteran entrepreneurship and veteran unemployment;
added
a description of the effect that increased economic opportunity for veterans has on issues such as veteran suicide and veteran homelessness; and
added
an analysis of the feasibility and expected impacts of the implementation within the Department of Defense of a contracting program modeled on the program authorized under section 8127 of title 38, United States Code.
added
Definitions— In this section—
added
the term “veteran” has the meaning given the term under section 101(2) of title 38, United States Code; and
added
the terms “small business concern owned and controlled by veterans” and “small business concern owned and controlled by service-disabled veterans” have the meanings given such terms under section 3 of the Small Business Act (15 U.S.C. 632).
Sec. 835 Revisions to requirements relating to justification and approval of sole-source defense contracts
addedadded Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall modify the provisions of the Department of Defense Supplement to the Federal Acquisition Regulation that implement section 811 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2401) to clarify that the authority of the head of an agency (as defined in section 811(c)(2)(A) of such section) to make an award pursuant to such section is delegable.
Sec. 836 Improved management of Defense equipment and supplies through automated information and data capture technologies
addedadded The Secretary of Defense shall improve the management of defense equipment and supplies throughout their life cycles by adopting and implementing Item Unique Identification (IUID), Radio Frequency Identification (RFID), biometrics, and other automated information and data capture (AIDC) technologies for the tracking, management, and accountability for assets deployed across the Department of Defense.
Sec. 837 Revision of Defense Supplement to the Federal Acquisition Regulation to take into account sourcing laws
addedadded Not later than 60 days after the date of the enactment of this Act, the Department of Defense Supplement to the Federal Acquisition Regulation shall be revised to implement the requirements imposed by sections 129, 129a, 2330a, 2461, and 2463 of title 10, United States Code.
Sec. 838 Prohibition on purchase of military coins not made in United States
addedadded None of the funds authorized to be appropriated by this Act may be used to purchase military coins that are not produced in the United States.
Sec. 839 Compliance with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces
added
added
Requirement— Section 418 of title 37, United States Code, is amended by adding at the end the following new subsection:
added “(d)
added “(1) In the case of athletic footwear needed by members of the Army, Navy, Air Force, or Marine Corps upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear.
added “(2) In procuring athletic footwear to comply with paragraph (1), the Secretary of Defense shall comply with the requirements of section 2533a of title 10, without regard to the applicability of any simplified acquisition threshold under chapter 137 of title 10 (or any other provision of law).
added “(3) This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase of athletic footwear if such footwear—
added “(A) is medically required to meet unique physiological needs of the member; and
added “(B) cannot be met with athletic footwear that complies with the requirements of this subsection.”
added
Certification— The amendment made by subsection (a) shall not take effect until the Secretary of Defense certifies that there are at least two sources that can provide athletic footwear to the Department of Defense that is 100 percent compliant with section 2533a of title 10, United States Code.
Sec. 903 Report on strategic importance of United States military installation of the U.S. Pacific Command
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security, shall submit to the congressional defense committees a report on the strategic value of each major installation that supports operations in the United States Pacific Command.
added
Content of report— The report required by subsection (a) shall include, at a minimum, an assessment of the following with respect to each major installation covered by the report:
added
The strategic value of the operations of the installation in the Pacific Command Area of Responsibility, including the strategic value of the installation for the global deployment of airpower, military personnel, and logistical support.
added
The usefulness of the installation for potential future missions, including military, search and rescue, and humanitarian missions in a changing Pacific and Arctic region.
added
The suitability of the installation for basing of F–35 aircraft and other future weapons systems in the Pacific Command Area of Responsibility.
added
The suitability of the installation for mission growth, including relocation of combat-coded aircraft, Army units, naval vessels, and Marine Corps units from overseas bases.
added
How critical the installation is in maintaining and expanding the North and Southern Pacific air refueling bridge.
added
The availability of the installation for basing remotely piloted aircraft.
added
The proximity of the installation to scoreable, instrumented training ranges, with an emphasis on joint-training.
added
The impact of urban encroachment on the installation and its training ranges.
added
Classified annex— The report required by subsection (a) may include a classified annex if necessary to fully describe the matters required by subsection (b).
Sec. 904 Comptroller General report on potential relocation of Federal Government tenants on Asia-Pacific and Arctic-oriented United States military installations
added
added
Report required— Not later than March 1, 2014, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report containing the results of a review of the potential for—
added
effectively consolidating underused facilities on military installations; or
added
vacating costly leased space by relocating Federal Government agency tenants, activities, missions, and personnel onto such installations.
added
Specific consideration of Asia-Pacific and Arctic-oriented installations— As a result of the Federal Government’s decision to emphasize Asia-Pacific security issues and changes in the Arctic environment, the Comptroller General shall specifically evaluate potential consolidation of Federal tenants on Asia-Pacific and Arctic-oriented installations, focusing on Federal entities with homeland security, defense, international trade, commerce, and other national security-related functions that are compatible with the missions of the military installations.
Sec. 921 Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities
Period for required audits— Section 432(b)(2) of title 10, United States Code, is amended—
in the first sentence, by striking “annually” and inserting “biennially”; and
changed
in the second sentence, by striking “the intelligence committees” and all that follows and inserting “the congressional defense committees and the congressional intelligence committees (as defined in section 437(c)).”437(c)).”.
Repeal of designation of defense intelligence agency as required oversight authority within department of defense— Section 436(4) of title 10, United States Code, is amended—
by striking “Defense Intelligence Agency” and inserting “Department of Defense”; and
by striking “management and supervision” and inserting “oversight”.
Congressional oversight— Section 437 of title 10, United States Code, is amended—
in subsection (a), by striking “the intelligence committees” and inserting “congressional defense committees and the congressional intelligence committees”;
in subsection (b), by striking “the intelligence committees” and inserting “congressional defense committees and the congressional intelligence committees”; and
by adding at the end the following new subsection:
“(c) Congressional intelligence committees defined—In this section, the term “congressional intelligence committees” has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”
Sec. 933 Mission analysis for cyber operations of Department of Defense
Mission analysis required— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall conduct a mission analysis of the cyber operations of the Department of Defense.
Elements— The mission analysis under subsection (a) shall include the following:
The concept of operations and concept of employment for cyber operations forces.
An assessment of the manpower needs for cyber operations forces, including military requirements for both active and reserve components and civilian requirements.
added
An assessment of the mechanisms for improving recruitment, retention, and management of cyber operations forces, including through focused recruiting; educational, training, or certification scholarships; bonuses; or the use of short-term or virtual deployments without the need for permanent relocation.
renumbered
was (3)(5)
A description of the alignment of the organization and reporting chains of the Department, the military departments, and the combatant commands.
renumbered
was (3)(6)
An assessment of the current, as of the date of the analysis, and projected equipping needs of cyber operations forces.
renumbered
was (3)(7)
An analysis of how the Secretary, for purposes of cyber operations, depends upon organizations outside of the Department, including industry and international partners.
renumbered
was (3)(8)
Methods for ensuring resilience, mission assurance, and continuity of operations for cyber operations.
renumbered
was (3)(9)
An evaluation of the potential roles of the reserve components in the concept of operations and concept of employment for cyber operations forces required under paragraph (1).
Report required— Not later than 30 days after the completion of the mission analysis under subsection (a), the Secretary shall submit to the congressional defense committees a report containing—
the results of the mission analysis; and
recommendations for improving or changing the roles, organization, missions, concept of operations, or authorities related to the cyber operations of the Department.
National Guard assessment— Not later than 30 days after the date on which the Secretary submits the report required under subsection (c), the Chief of the National Guard Bureau shall submit to the congressional defense committees an assessment of the role of the National Guard in supporting the cyber operations mission of the Department of Defense as such mission is described in such report.
Form— The report under subsection (c) shall be submitted in unclassified form, but may include a classified annex.
Sec. 934 Notification of investigations related to compromise of critical program information
Notification of investigation initiation—
Notification— Not later than 30 days after the date of the initiation of any investigation related to the potential compromise of Department of Defense critical program information related to a weapons system or other developmental activity, the Secretary of Defense shall submit to the congressional defense committees a written notification of such investigation including the elements required under paragraph (2).
Elements— The written notification required under paragraph (1) shall include, with respect to an investigation described in such subsection, the following elements:
A statement of the reason for such investigation.
An identification of each party affected by such investigation.
An identification of the party responsible for conducting such investigation.
Any preliminary observations, findings, or recommendations related to such investigation.
A timeline and methodology for conducting such investigation.
changed
Notification of completion of certain investigations— Not later than 30 days after the date of the completion of any investigation conducted or overseen by the Damage Assessment Management Office of the Department of Defense, the Secretary of Defense shall submit to the congressional defense committees a written notification of such investigation, including a summary of the findings and recommendations of such investigation.investigation, an estimate of the economic losses from the intrusion, and any additional actions needed to improve the protection of intellectual property.
changed
Report on intrusions after January 1, 2000— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report detailing the known network cyber intrusions that occurred on or after January 1, 2000, and before August 1, 2013, and resulted in the compromise of critical program information related to a weapons system, information system development, or another research and development initiative of the Department of Defense. Such report shall include a description of the critical program information that was compromised, the source of each network that was compromised, the systems or developmental activities that were compromised, an estimate of the economic losses from the intrusion, and the suspected origin of each cyber intrusion.
Sec. 936 Limitation on availability of funds for collaborative cybersecurity activities with China
addedadded None of the funds authorized to be appropriated by this Act may be used for collaborative cybersecurity activities with the People’s Republic of China or any entity owned or controlled by China, including cybersecurity war games, cybersecurity working groups, the exchange of classified cybersecurity technologies or methods, and the exchange of procedures for investigating cyber intrusions.
Sec. 937 Small business cybersecurity solutions office
added
added
Establishment— The Secretary of Defense shall submit a report to the Congress on the feasibility of establishing a small business cyber technology office to assist small business concerns in providing cybersecurity solutions to the Federal Government.
added
Definitions— In this section, the terms “small business concern” has the meaning given such term in section 3 of the Small Business Act.
Sec. 938 Small business cyber education
addedadded The Secretary of Defense shall establish an outreach and education program to assist small businesses (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) contracted by the Department of Defense to assist such businesses to—
added
understand the gravity and scope of cyber threats;
added
develop a plan to protect intellectual property; and
added
develop a plan to protect the networks of such businesses.
Sec. 1026 Report comparing costs of DDG 1000 and DDG 51 Flight III ships
addedadded Not later than March 15, 2014, the Secretary of the Navy shall submit to the congressional defense committees a report providing an updated comparison of the costs and risks of acquiring DDG 1000 and DDG 51 Flight III vessels equipped for enhanced ballistic missile defense capability. The report shall include each of the following:
added
An updated estimate of the total cost to develop, procure, operate, and support ballistic missile defense capable DDG 1000 destroyers equipped with the air and missile defense radar that would be procured in addition to the three prior-year-funded DDG 1000 class ships, and in lieu of Flight III DDG–51 destroyers.
added
The estimate of the Secretary of the total cost of the current plan to develop, procure, operate, and support Flight III DDG 51 destroyers.
added
Details on the assumed ballistic missile defense requirements and construction schedules for both the DDG 1000 and DDG 51 Flight III destroyers referred to in paragraphs (1) and (2), respectively.
added
An updated comparison of the program risks and the resulting ship capabilities in all dimensions (not just ballistic missile defense) of the options referred to in paragraphs (1) and (2).
added
Any other information the Secretary determines appropriate.
Sec. 1027 Sense of Congress on establishment of an Advisory Board on Toxic Substances and Worker Health
addedadded It is the sense of Congress that the President should establish an Advisory Board on Toxic Substances and Worker Health, as described in the report of the Comptroller General of the United States titled “Energy Employees Compensation: Additional Independent Oversight and Transparency Would Improve Program’s Credibility”, numbered GAO–10–302, to—
added
advise the President concerning the review and approval of the Department of Labor site exposure matrix;
added
conduct periodic peer reviews of, and approve, medical guidance for part E claims examiners with respect to the weighing of a claimant’s medical evidence;
added
obtain periodic expert review of evidentiary requirements for part B claims related to lung disease regardless of approval;
added
provide oversight over industrial hygienists, Department of Labor staff physicians, and Department of Labor’s consulting physicians and their reports to ensure quality, objectivity, and consistency; and
added
coordinate exchanges of data and findings with the Advisory Board on Radiation and Worker Health to the extent necessary (under section 3624 the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384o).
Sec. 1030 Clarification of procedures for use of alternate members on military commissions
Primary and alternate members—
Number of members— Subsection (a) of section 948m of title 10, United States Code, is amended—
in paragraph (1)—
by striking “at least five members” and inserting “at least five primary members and as many alternate members as the convening authority shall detail”; and
changed
by adding at the end the following new sentence: “Alternate members shall be designated in the order in which they will replace an excused primary member.” member.”; and
in paragraph (2), by inserting “primary” after “the number of”.
General rules— Such section is further amended—
by redesignating subsection (b) and (c) as subsections (d) and (e), respectively; and
by inserting after subsection (a) the following new subsections (b) and (c):
“(b) Primary members—Primary members of a military commission under this chapter are voting members.
“(c) Alternate members
“(1) A military commission may include alternate members to replace primary members who are excused from service on the commission.
“(2) Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed.”
Excuse of members— Subsection (d) of such section, as redesignated by paragraph (2)(A), is amended—
in the matter before paragraph (1), by inserting “primary or alternate” before “member”;
changed
by striking “or” at the end of paragraph (2),(2);
by striking the period at the end of paragraph (3) and inserting “; or”; and
by adding at the end the following new paragraph:
“(4) in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority.”
Absent and additional members— Subsection (e) of such section, as redesignated by paragraph (2)(A), is amended—
in the first sentence—
by inserting “the number of primary members of” after “Whenever”;
by inserting “primary” before “members required by”; and
by inserting “and there are no remaining alternate members to replace the excused primary members” after “subsection (a)”; and
by adding at the end the following new sentence: “An alternate member who was present for the introduction of all evidence shall not be considered to be a new or additional member.”.
Challenges— Section 949f of such title is amended—
in subsection (a), by inserting “primary or alternate” before “member”; and
by adding at the end of subsection (b) the following new sentence: “Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice.”.
Number of votes required— Section 949m of such title is amended—
by inserting “primary” before “members” each place it appears; and
by adding at the end of subsection (b) the following new paragraph:
“(4) The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met.”
Sec. 1036 Assessment of affiliates and adherents of al-Qaeda outside the United States
changed Not later than 120 days after the date of the enactment of this Act, the President, acting through the Secretary of Defense, shall submit to the congressional defense committees the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives an assessment containing each of the following:
An identification of any group operating outside the United States that is an affiliate or adherent of, or otherwise related to, al-Qaeda.
A summary of relevant information relating to each such group, including—
the extent to which members or leaders of the group have—
conducted or planned to conduct lethal or significant operations outside the borders of the state or states in which the group ordinarily operates;
conducted fundraising or recruiting outside the borders of such state or states; and
have demonstrated any interest in conducting activities described in clauses (i) and (ii) outside the borders of such state or states;
the extent to which the connection of the group to the senior leadership of al-Qaeda has changed over time; and
whether the group has attacked or planned to purposefully attack United States citizens, members of Armed Forces of the United States, or other representatives of the United States, or is likely to do so in the future.
changed
An assessment of whether each group is part of or substantially supporting al-Qaeda or the Taliban, or constitutes an associated force that is engaged in hostilities against the United States or its coalition partners.partners for purposes of interpreting the scope of section 2 of the Authorization for Use of Military Force (Public Law 107–40; 115 Stat. 224; 50 U.S.C. 1541 note).
The criteria used to determine the nature and extent of each group’s relationship to al-Qaeda.
Sec. 1040A Summary of information relating to individuals detained at Guantanamo who became leaders of foreign terrorist groups
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall make publicly available a summary of information relating to individuals who were formerly detained at United States Naval Station, Guantanamo Bay, Cuba, who have, since being transferred or released from such detention, have become leaders or involved in the leadership structure of a foreign terrorist group.
changed
Form of summary— The summary required under subsection (a) shall be in unclassified form, but may contain a classified annex.annex. The Secretary of Defense shall submit any such classified annex to the congressional defense committees.
Sec. 1040B Procedures governing United States citizens apprehended inside the United States pursuant to the Authorization for Use of Military Force
added
added
Availability of writ of habeas corpus— Nothing in the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note), or any other law, shall be construed to deny the availability of the writ of habeas corpus to any United States citizen apprehended inside the United States pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note).
added
Procedures— In any habeas proceeding brought by a United States citizen apprehended inside the United States pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note), the government shall have the burden of proving by clear and convincing evidence that such citizen is an unprivileged enemy belligerent and there shall be no presumption that any evidence presented by the government as justification for the apprehension and subsequent detention is accurate and authentic.
Sec. 1040C Prohibition on the use of funds for recreational facilities for individuals detained at Guantanamo
addedadded None of the funds authorized to be appropriated or otherwise available to the Department of Defense may be used to provide additional or upgraded recreational facilities for individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1040D Prohibition on transfer or release of individuals detained at Guantanamo to Yemen
addedadded None of the amounts authorized to be available to the Department of Defense may be used to transfer, release, or assist in the transfer or release, during the period beginning on the date of enactment of this Act and ending on December 31, 2014, any individual detained at Guantanamo (as such term is defined in section 1033(f)(2)) to the custody or control of the Republic of Yemen or any entity within Yemen.
Sec. 1064 Limitation on use of funds for public-private cooperation activities
changed
No amounts authorized to be appropriated or otherwise made available to the Department of Defense by this Act or any other Act may be obligated or expended on any public-private cooperation activity undertaken by a combatant command until the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the report on the conclusions of the Defense Business Board that the Secretary was directed to provide under the Report of the Committee on Armed Services to accompany H.R. 4310 of the 112th Congress (H. Rept. (House Report 112–479).
Sec. 1065 Unmanned aircraft joint training and usage plan
added
added
Methods— The Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the Federal Aviation Administration jointly shall develop and implement plans and procedures to review the potential of joint testing and evaluation of unmanned aircraft equipment and systems with other appropriate departments and agencies of the Federal Government that may serve the dual purpose of providing capabilities to the Department of Defense to meet the future requirements of combatant commanders and domestically to strengthen international border security.
added
Report— Not later than 270 days after date of the enactment of this Act, the Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the Federal Aviation Administration shall jointly submit to Congress a report on the status of the development of the plans and procedures required under subsection (a), including a cost benefit analysis of the shared expenses between the Department of Defense and other appropriate departments and agencies of the Federal Government to support such plans.
Sec. 1079 Provision of defense planning guidance and contingency operation plan information to Congress
In general— Section 113(g) of title 10, United States Code is amended by adding at the end, the following new paragraph:
“(3) At the time of the budget submission by the President for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report containing summaries of the guidance developed under paragraphs (1) and (2), as well as summaries of any plans developed in accordance with the guidance developed under paragraph (2). Such summaries shall be sufficient to allow the congressional defense committees to evaluate fully the requirements for military forces, acquisition programs, and operations and maintenance funding in the President’s annual budget request for the Department of Defense.”
changed
Report required— Notwithstanding the requirement under paragraph (3) of section 113(g) of title 10, United States Code, as added by subsection (a), that the Secretary of Defense submit reports under that paragraph at the time of the President’s annual budget submission, the Secretary shall submit to the congressional defense committees the first report required under that paragraph by not later than 120 days after the date of the enactment of this Act,Act.
Limitation on obligation of funds pending report— Of the funds authorized to be appropriated by this Act for Operation and Maintenance, Defense-wide, for the office of the Secretary of Defense, not more than 75 percent may be obligated or expended before the date that is 15 days after the date on which the Secretary submits the report described in subsection (b).
Sec. 1080 Report on United States citizens subject to military detention
added
added
Report required— The Secretary of Defense shall submit to Congress an annual report on United States citizens subject to military detention. Such report shall include, for the period covered by the report, each of the following:
added
The name of each United States citizen subject to military detention during such period.
added
The legal justification for such detention of such citizen.
added
The steps taken to provide judicial process for or to release each such citizen.
added
Form of report— The report required by subsection (a) shall be in unclassified form but may contain a classified annex.
added
Availability of report— The report submitted under subsection (a) shall be made available to all members of Congress.
added
Savings clause— Nothing in this section shall be construed to authorize or express approval for subjecting United States citizens to military detention.
Sec. 1080A Report on implementation of the recommendations of the Palomares Nuclear Weapons Accident Revised Dose Evaluation Report
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the recommendations of the Palomares Nuclear Weapons Accident Revised Dose Evaluation Report released in April by the Air Force in 2001.
Sec. 1080B Report on long-term costs of operation Iraqi Freedom and Operation Enduring Freedom
added
added
Report requirement— Not later than 90 days after the date of the enactment of this Act, the President, with contributions from the Secretary of Defense, the Secretary of State, and the Secretary of Veterans Affairs, shall submit to Congress a report containing an estimate of previous costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and the long-term costs of Operation Enduring Freedom for a scenario, determined by the President and based on current contingency operation and withdrawal plans, that takes into account expected force levels and the expected length of time that members of the Armed Forces will be deployed in support of Operation Enduring Freedom.
added
Estimates to be used in preparation of report— In preparing the report required by subsection (a), the President shall make estimates and projections through at least fiscal year 2023, adjust any dollar amounts appropriately for inflation, and take into account and specify each of the following:
added
The total number of members of the Armed Forces expected to be deployed in support of Operation Enduring Freedom, including—
added
the number of members of the Armed Forces actually deployed in Southwest Asia in support of Operation Enduring Freedom;
added
the number of members of reserve components of the Armed Forces called or ordered to active duty in the United States for the purpose of training for eventual deployment in Southwest Asia, backfilling for deployed troops, or supporting other Department of Defense missions directly or indirectly related to Operation Enduring Freedom; and
added
the break-down of deployments of members of the regular and reserve components and activation of members of the reserve components.
added
The number of members of the Armed Forces, including members of the reserve components, who have previously served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom and who are expected to serve multiple deployments.
added
The number of contractors and private military security firms that have been used and are expected to be used during the course of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom.
added
The number of veterans currently suffering and expected to suffer from post-traumatic stress disorder, traumatic brain injury, or other mental injuries.
added
The number of veterans currently in need of and expected to be in need of prosthetic care and treatment because of amputations incurred during service in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom.
added
The current number of pending Department of Veterans Affairs claims from veterans of military service in Iraq and Afghanistan, and the total number of such veterans expected to seek disability compensation from the Department of Veterans Affairs.
added
The total number of members of the Armed Forces who have been killed or wounded in Iraq or Afghanistan, including noncombat casualties, the total number of members expected to suffer injuries in Afghanistan, and the total number of members expected to be killed in Afghanistan, including noncombat casualties.
added
The amount of funds previously appropriated for the Department of Defense, the Department of State, and the Department of Veterans Affairs for costs related to Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, including an account of the amount of funding from regular Department of Defense, Department of State, and Department of Veterans Affairs budgets that has gone and will go to costs associated with such operations.
added
Previous, current, and future operational expenditures associated with Operation Enduring Freedom and, when applicable, Operation Iraqi Freedom and Operation New Dawn, including—
added
funding for combat operations;
added
deploying, transporting, feeding, and housing members of the Armed Forces (including fuel costs);
added
activation and deployment of members of the reserve components of the Armed Forces;
added
equipping and training of Iraqi and Afghani forces;
added
purchasing, upgrading, and repairing weapons, munitions, and other equipment consumed or used in Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom; and
added
payments to other countries for logistical assistance in support of such operations.
added
Past, current, and future costs of entering into contracts with private military security firms and other contractors for the provision of goods and services associated with Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom.
added
Average annual cost for each member of the Armed Forces deployed in support of Operation Enduring Freedom, including room and board, equipment and body armor, transportation of troops and equipment (including fuel costs), and operational costs.
added
Current and future cost of combat-related special pays and benefits, including reenlistment bonuses.
added
Current and future cost of calling or ordering members of the reserve components to active duty in support of Operation Enduring Freedom.
added
Current and future cost for reconstruction, embassy operations and construction, and foreign aid programs for Iraq and Afghanistan.
added
Current and future cost of bases and other infrastructure to support members of the Armed Forces serving in Afghanistan.
added
Current and future cost of providing health care for veterans who served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including—
added
the cost of mental health treatment for veterans suffering from post-traumatic stress disorder and traumatic brain injury, and other mental problems as a result of such service; and
added
the cost of lifetime prosthetics care and treatment for veterans suffering from amputations as a result of such service.
added
Current and future cost of providing Department of Veterans Affairs disability benefits for the lifetime of veterans who incur disabilities while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom.
added
Current and future cost of providing survivors’ benefits to survivors of members of the Armed Forces killed while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom.
added
Cost of bringing members of the Armed Forces and equipment back to the United States upon the conclusion of Operation Enduring Freedom, including the cost of demobilization, transportation costs (including fuel costs), providing transition services for members of the Armed Forces transitioning from active duty to veteran status, transporting equipment, weapons, and munitions (including fuel costs), and an estimate of the value of equipment that will be left behind.
added
Cost to restore the military and military equipment, including the equipment of the reserve components, to full strength after the conclusion of Operation Enduring Freedom.
added
Amount of money borrowed to pay for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, and the sources of that money.
added
Interest on money borrowed, including interest for money already borrowed and anticipated interest payments on future borrowing, for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom.
Sec. 1082 Transportation of supplies for the United States by aircraft operated by United States air carriers
Department of Defense—
In general— Chapter 157 of title 10, United States Code, is amended by inserting after section 2631a the following new section:
“2631b. Supplies: preference to United States aircraft
“(a) Preference—Only aircraft owned by the United States, or aircraft operated by or under the supervision of United States air carriers holding a certificate under section 41102 of title 49 and registered in the Civil Reserve Air Fleet, may be used for the transportation by air of supplies on behalf of any component of the Department of Defense. However, if the President finds that the rates charged for the use of those aircraft is excessive or otherwise unreasonable, contracts for transportation may be made as otherwise provided by law. Charges made for the transportation of those supplies by those aircraft may not be higher than the charges made for transporting like goods for private persons.
“(b) Outsize and oversize cargoes
changed
“(1) The preference under subsection (a) shall not apply to outsize or oversize cargoes if no air carrier registered in the Civil Reserve Air Fleet nor any aircraft owned by the United States is capable and are available and capable of transporting such a cargo.
“(2) The Secretary of Defense shall ensure that, to the maximum extent practicable, outsize and oversize cargoes are transported by aircraft owned and operated by the United States or by air carriers in the Civil Reserve Air Fleet.
“(3) Not later than March 30 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on outsize and oversize cargo flights. Each such report shall include, for the year covered by the report, each of the following:
“(A) The number of outsize and oversize cargo flights, including the number of flights and tonnage of each flight, flown both by aircraft owned and operated by the United States and by carriers in the Civil Reserve Air Fleet.
“(B) For any cargo carried by aircraft that is neither owned and operated by the United States nor by an air carrier in the Civil Reserve Air Fleet, an explanation for the use of such a carrier.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2631a the following new item:
Other departments and agencies—
In general— Chapter 401 of title 49, United States Code, is amended by adding at the end the following new section:
“40131. Air transportation procured by the United States Government
changed “(a) Guarantee—Consistent with the provisions of section 40118 of title 49, when the United States procures, enters into a contract or subcontract for, or otherwise obtains for its own account, or furnishes to or for the account of a foreign country, organization, or person without provision for reimbursement, any equipment, materials, or commodities, or provides financing in any way with Federal funds for the account of any person unless otherwise exempted, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing or obtaining of the equipment, materials, or commodities, the appropriate agencies shall take steps necessary and practicable to ensure that at least 50 percent of the gross tonnage of the equipment, materials, or commodities which may be transported on fixed wing aircraft are transported on privately-owned commercial aircraft that are owned, operated, or otherwise supervised by air carriers holding a certificate under section 41102 of this title and registered in the Civil Reserve Air Fleet, to the extent those aircraft are appropriate and available at fair and reasonable rates.
“(b) Exception
“(1) In general—The requirements of this section shall not apply to any equipment, materials, or commodities transported for the use of the military services of the United States or to respond to a humanitarian disaster.
“(2) Humanitarian disaster defined—For purposes of this subsection, the term “humanitarian disaster” means a man-made or natural occurrence that causes loss of life, health, property, or livelihood, inflicting severe destruction and distress.
“(c) Waiver
“(1) In general—The President, the Secretary of Transportation, or the Secretary of State, in coordination with the Secretary of Defense, as appropriate, may issue a temporary waiver of this section—
“(A) to respond to an emergency; or
“(B) if such a waiver is in the national interests of the United States.
“(2) Committee notice—The President, the Secretary of Transportation, or the Secretary of State, as appropriate, shall notify the following Committees within 30 days of exercising a waiver under paragraph (1):
“(A) The Committees on Armed Services and Appropriations of the Senate and the House of Representatives.
“(B) The Committee on Commerce, Science, and Transportation of the Senate.
“(C) The Committee on Transportation and Infrastructure of the House of Representatives.
“(D) The Committee on Foreign Relations of the Senate.
“(E) The Committee on Foreign Affairs of the House of Representatives.
“(3) Expiration and renewal of waiver—Any waiver issued under paragraph (1) shall expire not later than 180 days after the date on which it is issued. The President, the Secretary of Transportation, or the Secretary of State, as appropriate, may renew an expired or expiring waiver as long as the President or Secretary provides notice to the committees referred to in paragraph (2) in accordance with that paragraph.
“(d) Regulations—Each department or agency of the Government shall administer its air transport operations according to regulations and guidance issued by the Secretary of Transportation.
“(e) Enforcement—The Secretary of Transportation may impose on any person violating this section, or a regulation issued under this section, a civil penalty of up to $25,000 for each violation knowingly committed, with each day of a continuing violation following the initial shipment to be a separate violation.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Sec. 1082A Transportation of supplies to members of the Armed Forces from nonprofit organizations
added
added
In general— Chapter 20 of title 10, United States Code, is amended by inserting after section 402 the following new section:
added “403. Transportation of supplies from nonprofit organizations
added “(a) Authorization of transportation—Notwithstanding any other provision of law, and subject to subsection (b), the Secretary of Defense may transport to any country, without charge, supplies that have been furnished by a nonprofit organization and that are intended for distribution to members of the armed forces. Such supplies may be transported only on a space available basis.
added “(b) Limitations
added “(1) The Secretary may not transport supplies under subsection (a) unless the Secretary determines that—
added “(A) the transportation of the supplies is consistent with the policies of the United States;
added “(B) the supplies are suitable for distribution to members of the armed forces and are in usable condition;
added “(C) there is a legitimate need for the supplies by the members of the armed forces for whom they are intended; and
added “(D) adequate arrangements have been made for the distribution and use of the supplies.
added “(2) Procedures—The Secretary shall establish procedures for making the determinations required under paragraph (1). Such procedures shall include inspection of supplies before acceptance for transport.
added “(3) Preparation—It shall be the responsibility of the nonprofit organization requesting the transport of supplies under this section to ensure that the supplies are suitable for transport.
added “(c) Distribution—Supplies transported under this section may be distributed by the United States Government or a nonprofit organization.
added “(d) Definition of nonprofit organization—In this section, the term “nonprofit organization” means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.”
added
Clerical amendment— The table of sections at the beginning of chapter 20 of such title is amended by inserting after the item relating to section 402 the following new item:
Sec. 1086 Protection of tier one task critical assets from electromagnetic pulse and high-powered microwave systems
changed
Certification required— Not later than June 1, 2014, the Secretary of Defense, in consultation with the Defense Secretary of Homeland Security and the Federal Energy Regulatory Commission, shall submit to the congressional defense committees certification that defense critical assets designated as tier one task critical assets (hereinafter referred to as “TCAs”) that receive power supply from commercial or other non-military sources are protected from the adverse effects of man-made or naturally occurring electromagnetic pulse and high-powered microwave weapons. Any such assets found not to be so protected shall be included in the plan required under subsection (b).
changed
Plan required— Not later than January 1, 2015, the Secretary of Defense, in consultation with the Defense Secretary of Homeland Security and the Federal Energy Regulatory Commission, shall submit to the congressional defense committees a plan for tier one TCAs to receive electricity by means that are protected from the adverse effects of man-made or naturally occurring electromagnetic pulse and high-powered microwave weapons. The plan shall include the following elements:
changed
An analysis of how the Department of Defense Defense, in consultation with the Secretary of Homeland Security and the Federal Energy Regulatory Commission, plans to mitigate any risks to mission assurance for non-certified tier one TCAs, including any steps that may be needed for remediation.
changed
The development or adoption by the Department Department, in consultation with the Secretary of Homeland Security and the Federal Energy Regulatory Commission, of a standard of resistance or protection against man-made and natural electromagnetic threats for electricity sources that supply electricity to tier one TCAs.
changed
The development by the Department Department, in consultation with the Secretary of Homeland Security and the Federal Energy Regulatory Commission, of a strategy to certify by December 31, 2015, that all electricity sourced to tier one TCAs is provided by facilities that meet the standard developed under paragraph (2).
changed
Preparation of plan— In preparing the plan required by subsection (b), the Secretary of Defense Defense, in consultation with the Secretary of Homeland Security and the Federal Energy Regulatory Commission, shall use the guidance and recommendations of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack established by section 1401 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114. 114 Stat. 1654A–345).
Form of submission— The plan required by subsection (b) shall be submitted in classified form.
Definitions— In this section:
The term “task critical asset” means an asset of such extraordinary importance to operations in peace, crisis, and war that its incapacitation or destruction would have a debilitating effect on the ability of the Department of Defense to fulfill its missions.
The term “tier one” with respect to a task critical asset means such an asset the loss, incapacitation, or disruption of which could result in mission (or function) failure at the Department of Defense, military department, combatant command, sub-unified command, Defense Agency, or defense infrastructure sector level.
Sec. 1089 Determination and Disclosure of Transportation Costs Incurred by Secretary of Defense for congressional trips outside the United States
Determination and Disclosure of Costs by Secretary— In the case of a trip taken by a Member, officer, or employee of the House of Representatives or Senate in carrying out official duties outside the United States for which the Department of Defense provides transportation, the Secretary of Defense shall—
determine the cost of the transportation provided with respect to the Member, officer, or employee;
not later than 10 days after completion of the trip involved, provide a written statement of the cost—
changed
to the Member, officer, or employee involved, involved; and
to the Committee on Armed Services of the House of Representatives (in the case of a trip taken by a Member, officer, or employee of the House) or the Committee on Armed Services of the Senate (in the case of a trip taken by a Member, officer, or employee of the Senate); and
upon providing a written statement under paragraph (2), make the statement available for viewing on the Secretary’s official public website until the expiration of the 4-year period which begins on the final day of the trip involved.
Exceptions—
Exceptions described— This section does not apply with respect to any trip for which any of the following applies:
The purpose of the trip is to visit one or more United States military installations or to visit United States military personnel in a war zone (or both).
The use of transportation provided by the Department of Defense is necessary to protect the safety and security of the individuals taking the trip.
Consultation— In determining whether or not a trip is described in paragraph (1), the Secretary of Defense shall consult with the Speaker of the House of Representatives (in the case of a trip taken by a Member, officer, or employee of the House) or the Majority Leader of the Senate (in the case of a trip taken by a Member, officer, or employee of the Senate).
Definitions— In this section:
Member— The term Member, with respect to the House of Representatives, includes a Delegate or Resident Commissioner to the Congress.
United States— The term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.
Effective Date— This section shall apply with respect to trips taken on or after the date of the enactment of this Act, except that this section does not apply with respect to any trip which began prior to such date.
Sec. 1090 Transfer or loan of equipment to the Department of Homeland Security relating to border security
addedadded The Secretary of Defense may coordinate with the Secretary of Homeland Security to identify and provide for the transfer or long-term loan to the Department of Homeland Security of equipment the Secretary of Defense determines to be excess and the Secretary of Homeland Security determines to be appropriate in order to increase situational awareness and achieve operational control of the international borders of the United States.
Sec. 1091 Transfer to the Department of Homeland Security of the Tethered Aerostat Radar System
addedadded Notwithstanding any other provision of law, not later than September 30, 2013, the Secretary of Defense is authorized to transfer to the Secretary of Homeland Security, and the Secretary of Homeland Security is authorized to accept from the Secretary of Defense, full contract ownership and management responsibilities for the existing Tethered Aerostat Radar System (TARS) program and contracts. Neither the Department of Defense nor the Department of Homeland Security shall be required to reimburse the other agency for any services under the TARS program.
Sec. 1092 Sale or donation of excess personal property for border security activities
addedadded Section 2576a of title 10, United States Code, is amended—
added
in subsection (a)—
added
in paragraph (1)(A), by inserting “border security activities and” before “law enforcement activities”; and
added
in paragraph (2), by inserting “, the Secretary of Homeland Security,” after “Attorney General”; and
added
in subsection (d), by inserting “border security activities or” before “counter-drug”.
Sec. 1093 Unmanned aircraft systems and national airspace
added
added
Memoranda of understanding— Notwithstanding any other provision of law, the Secretary of Defense may enter into a memorandum of understanding with a non-Department of Defense entity that is engaged in the test range program authorized under section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) to allow such entity to access nonregulatory special use airspace if such access—
added
is used by the entity as part of such test range program; and
added
does not interfere with the activities of the Secretary or otherwise interrupt or delay missions or training of the Department of Defense.
added
Established procedures— The Secretary shall carry out subsection (a) using the established procedures of the Department of Defense with respect to entering into a memorandum of understanding.
added
Construction— A memorandum of understanding entered into under subsection (a) between the Secretary and a non-Department of Defense entity shall not be construed as establishing the Secretary as a partner, proponent, or team member of such entity in the test range program specified in such subsection.
Sec. 1094 Days on which the POW/MIA flag is displayed on certain Federal property
addedadded Section 902 of title 36, United States Code, is amended by striking subsection (c) and inserting the following new subsection:
added “(c) Days for Flag Display—For the purposes of this section, POW/MIA flag display days are all days on which the flag of the United States is displayed.”
Sec. 1095 Sense of Congress on improvised explosive devices
addedadded It is the sense of Congress that—
added
the use of improvised explosive devices (in this section referred to as “IEDs”) against members of the Armed Forces or people of the United States should be condemned;
added
unwavering support for members of the Armed Forces, first responders, and explosive ordnance disposal personnel of the United States who face the threat of IEDs and put their lives on the line to defeat them should be expressed;
added
all relevant agencies of the Government should be called on to coordinate with international partners and other responsible entities to reduce the use of IEDs and curb their proliferation; and
added
the exchange of blast trauma research data should be facilitated between all relevant agencies of the Government.
Sec. 1096 Sense of Congress to maintain a strong National Guard and military reserve force
added
added
Findings— Congress finds the following:
added
The first volunteer militia unit in America was formed in 1636 in Massachusetts Bay, followed by other units in the colonies of Virginia and Connecticut. the American founding fathers wrote article I, section 8, of the United States Constitution to keep the militia model, authorizing a standing military force that could organize, train, and equip militia volunteers when needed.
added
In World War I, nearly all National Guardsmen were mobilized into Federal service, and while they represented only 15 percent of the total United States Army, they comprised 40 percent of the American divisions sent to France and sustained 43 percent of the casualties in combat. In World War II, the National Guard comprised 19 Army divisions and 29 observation squadrons with aircraft assigned to the United States Army Air Forces.
added
On September 11, 2001, the first fighter jets over New York City and Washington, DC, were Air National Guard F–15 and F–16 aircraft from Massachusetts and North Dakota, with over 400 more Air National Guard fighter aircraft on alert by that afternoon. Over 600,000 Air and Army National Guard soldiers and airmen have deployed in the many campaigns since 9/11.
added
Air and Army National Guard soldiers and airmen have been involved in countless domestic response missions, including missions in response to hurricanes, tornadoes, floods, and forest fires including the more recent events of Superstorm Sandy and the tornados in Oklahoma.
added
The volunteer National Guard and Reserve have time and again demonstrated their readiness to meet operational requirements through cost-effective means.
added
Sense of congress— It is the sense of Congress that—
added
the Secretary of Defense should make every effort to ensure the Military Reserve and National Guard forces are sustained by a fully manned and fully funded force and that the United States fulfill its longstanding commitment to unyielding readiness in terms of defense;
added
the Secretary of Defense should act with the knowledge that the National Guard and Reserve are critical components to the Armed Forces, particularly as means of preserving combat power during a time of budget austerity; and
added
Congress repudiates proposals to diminish the National Guard or Reserve and affirms the growth of these components as circumstances warrant.
Sec. 1097 Access of employees of congressional support offices to department of defense facilities
added
added
Finding— Congress finds that Congressional support offices perform a critical role in enabling Congress to carry out its Constitutionally-mandated task of performing oversight of the executive branch.
added
Access in Same Manner as Employees of Defense Committees— The Secretary of Defense shall provide employees of any Congressional support office who work on issues related to national security with access to facilities of the Department of Defense in the same manner, and subject to the same terms and conditions, as employees of the Committees on Armed Services of the House of Representatives and Senate.
added
Congressional support offices defined— In this section, the term “Congressional support office” means any of the following:
added
The Congressional Budget Office.
added
The Congressional Research Service of the Library of Congress.
added
The Government Accountability Office.
Sec. 1098 Cost of wars
addedadded The Secretary of Defense, in consultation with the Commissioner of the Internal Revenue Service and the Director of the Bureau of Economic Analysis, shall post on the public Web site of the Department of Defense the costs, including the relevant legacy costs, to each American taxpayer of each of the wars in Afghanistan and Iraq.
Sec. 1099 Sense of Congress regarding consideration of foreign languages and cultures in the building of partner capacity
addedadded It is the sense of Congress that the head of each element of the Department of Defense should take into consideration foreign languages and cultures during the development by such element of the Department of training, tools, and methodologies to engage in military-to-military activities and in the building of partner capacity.
Sec. 1099A Sense of Congress regarding preservation of Second Amendment rights of active duty military personnel stationed or residing in the District of Columbia
added
added
Findings— Congress finds the following:
added
The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.
added
Approximately 40,000 servicemen and women across all branches of the Armed Forces either live in or are stationed on active duty within the Washington, D.C., metropolitan area. Unless these individuals are granted a waiver as serving in a law enforcement role, they are subject to the District of Columbia’s onerous and highly restrictive laws on the possession of firearms.
added
Military personnel, despite being extensively trained in the proper and safe use of firearms, are therefore deprived by the laws of the District of Columbia of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families.
added
The District of Columbia has one of the highest per capita murder rates in the Nation, which may be attributed in part to previous local laws prohibiting possession of firearms by law-abiding persons who would have otherwise been able to defend themselves and their loved ones in their own homes and businesses.
added
The Gun Control Act of 1968 (as amended by the Firearms Owners’ Protection Act) and the Brady Handgun Violence Prevention Act provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws that only affect and disarm law-abiding citizens.
added
On June 26, 2008, the Supreme Court of the United States in the case of District of Columbia v. Heller held that the Second Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes, and thus ruled that the District of Columbia’s handgun ban and requirements that rifles and shotguns in the home be kept unloaded and disassembled or outfitted with a trigger lock to be unconstitutional.
added
On July 16, 2008, the District of Columbia enacted the Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17–422; 55 DCR 8237), which places onerous restrictions on the ability of law-abiding citizens from possessing firearms, thus violating the spirit by which the Supreme Court of the United States ruled in District of Columbia v. Heller.
added
On February 26, 2009, the United States Senate adopted an amendment on a bipartisan vote of 62–36 by Senator John Ensign to S. 160, the District of Columbia House Voting Rights Act of 2009, which would fully restore Second Amendment rights to the citizens of the District of Columbia.
added
Sense of Congress— It is the sense of Congress that active duty military personnel who are stationed or residing in the District of Columbia should be permitted to exercise fully their rights under the Second Amendment to the Constitution of the United States and therefore should be exempt from the District of Columbia’s restrictions on the possession of firearms.
Sec. 1107 Defense Science Initiative for Personnel
Statement of policy— It is the policy of the United States to assure the scientific and technological preeminence of its defense laboratories, which are essential to the national security, by requiring the Department of Defense to provide to its science and technology laboratories—
the personnel and support services needed to carry out their mission; and
decentralized management authority.
Establishment of Initiative— There is hereby established within the Department of Defense a program to be known as the Defense Science Initiative for Personnel (hereinafter in this section referred to as the “Initiative”).
Laboratories covered by Initiative— The laboratories covered by the Initiative—
shall be those designated as Science and Technology Reinvention Laboratories (hereinafter in this section referred to as “STRLs”) by the Secretary or by paragraph (2); and
shall include the laboratories enumerated in section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note), which laboratories are hereby designated as STRLs.
Science and engineering degreed and technical positions at STRLs—
changed
In general— The director of any STRL may appoint qualified candidates, without regard to sections 3309-3319 3309–3319 of title 5, United States Code, directly to scientific, technical, engineering, mathematical, or medical positions within such STRL, on either a temporary, term, or permanent basis.
Qualified candidate defined— Notwithstanding any provision of chapter 51 of title 5, United States Code, for purposes of this subsection, the term “qualified candidate” means an individual who is—
a candidate who has earned a bachelor’s or master’s degree;
a student enrolled in a program of undergraduate or graduate instruction leading to a bachelor’s or master’s degree in a scientific, technical, engineering, mathematical, or medical course of study at an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or
a veteran, as defined in section 2108 of title 5, United States Code, who served in the armed forces in an engineering, scientific, or medical technician occupational specialty.
Rule of construction— Any exercise of authority under paragraph (1) shall be considered to satisfy section 2301(b)(1) of title 5, United States Code.
Exclusion from personnel limitations, etc— The director of any STRL shall manage the workforce strength of such STRL—
without regard to any limitation on appointments or any allocation of positions with respect to such STRL, subject to paragraph (2); and
in a manner consistent with the budget available with respect to such STRL.
Senior Executive Service rotation authority— Section 3131 of title 5, United States Code, is amended—
in paragraph (5), by striking “mission;” and inserting “mission, subject to paragraph (15);”;
in paragraph (13), by striking “and” at the end;
in paragraph (14), by striking the period and inserting “; and”; and
by adding at the end the following new paragraph:
“(15) permit the director of each Science and Technology Reinvention Laboratory (as described in section 1107(c) of the National Defense Authorization Act for Fiscal Year 2014) to determine the duration of appointments for senior executives (which shall in no event be less than 5 years), consistent with carrying out the mission of that laboratory.”
Senior scientific technical managers—
changed
Establishment— There is hereby established in each STRL a category of senior professional scientific positions, the incumbents of which shall be designated as “senior scientific technical managers” and which shall be positions classified above GS-15 GS–15 of the General Schedule pursuant to section 5108 of title 5, United States Code. The primary functions of such positions shall be—
to engage in research and development in the physical, biological, medical, or engineering sciences, or another field closely related to the mission of such STRL; and
to carry out technical supervisory responsibilities.
Appointments— The positions described in paragraph (1) may be filled, and shall be managed, by the director of the STRL involved, under criteria established pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), relating to personnel demonstration projects at laboratories of the Department of Defense, except that the director of the laboratory involved shall determine the number of such positions at such laboratory, not to exceed 3 percent of the number of scientists and engineers (determined on a full-time equivalent basis) employed at such laboratory at the end of the fiscal year prior to the fiscal year in which any appointments subject to that numerical limitation are made.
Selection and compensation of specially-qualified scientific and professional personnel— Section 3104 of title 5, United States Code, is amended by adding at the end the following new subsection:
“(d) In addition to the number of positions authorized by subsection (a), the director of each Science and Technology Reinvention Laboratory (as described in section 1107(c) of the National Defense Authorization Act for Fiscal Year 2014), may establish, without regard to the second sentence of subsection (a), such number of scientific or professional positions as may be necessary to carry out the research and development functions of the laboratory and which require the services of specially-qualified personnel. The selection process governing appointments made under this subsection shall be determined by the director of the laboratory involved, and the rate of basic pay for the employee holding any such position shall be set by the laboratory director at a rate not to exceed the rate for level II of the Executive Schedule.”
Sec. 1108 Compliance with law regarding availability of funding for civilian personnel
added
added
Regulations— No later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the authority in subsection (a) of section 1111 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1580 note prec.).
added
Coordination— The Under Secretary of Defense (Comptroller), in consultation with the Under Secretary of Defense for Personnel and Readiness, shall be responsible for coordinating the preparation of the regulations required under subsection (a).
added
Limitations— The regulations required under subsection (a) shall not be restricted by any civilian full-time equivalent or end-strength limitation, nor shall such regulations require offsetting civilian pay funding, civilian full-time equivalents, or end-strength.
Sec. 1109 Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the armed forces
added
added
Extension— Subsection (c) of section 1599c of title 10, United States Code, is amended by striking “December 31, 2015” both places it appears and inserting “December 31, 2020”.
added
Repeal of fulfilled requirement— Such section is further amended—
added
by striking subsection (b); and
added
by redesignating subsection (c), as amended by subsection (a), as subsection (b).
added
Repeal of references to certain title 5 authorities— Subsection (a)(2)(A) of such section is amended—
added
by striking “sections 3304, 5333, and 5753 of title 5” and inserting “section 3304 of title 5”; and
added
in clause (ii), by striking “the authorities in such sections” and inserting “the authority in such section”.
Sec. 1207 Monitoring and evaluation of overseas humanitarian, disaster, and civic aid programs of the Department of Defense
added
added
In general— Of the amounts authorized to be appropriated by this Act to carry out sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code, up to 5 percent of such amounts may be made available to conduct monitoring and evaluation of programs conducted pursuant to such authorities during fiscal year 2014.
added
Briefing— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the appropriate congressional committees on mechanisms to evaluate the programs conducted pursuant to the authorities listed in subsection (a). The briefing shall include the following:
added
A description of how the Department of Defense evaluates program and project outcomes and impact, including cost effectiveness and extent to which programs meet designated goals.
added
An analysis of steps taken to implement the recommendations from the following reports:
added
The Government Accountability Office’s Report entitled “Project Evaluations and Better Information Sharing Needed to Manage the Military’s Efforts”.
added
The Department of Defense Inspector General Report numbered “DODIG–2012–119”.
added
The RAND Corporation’s Report prepared for the Office of the Secretary of Defense entitled “Developing a Prototype Handbook for Monitoring and Evaluating Department of Defense Humanitarian Assistance Projects”.
added
Definition— In this section, the term “appropriate congressional committees” means the following:
added
The congressional defense committees.
added
The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
Sec. 1211 One-year extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations
Extension of authority— Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as most recently amended by section 1227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2000), is further amended by striking “for fiscal year 2013” and inserting “for fiscal year 2014”.
Limitation on amounts available— Subsection (d) of such section, as so amended, is further amended—
in paragraph (1), by striking “during fiscal year 2013 may not exceed $1,650,000,000” and inserting “during fiscal year 2014 may not exceed $1,500,000,000”; and
in paragraph (3), by striking “Fiscal Year 2013” and inserting “Fiscal Year 2014”.
Limitation on reimbursement of Pakistan in fiscal year 2014 pending certification on Pakistan—
In general— Effective as of the date of the enactment of this Act, no amounts authorized to be appropriated by this Act, and no amounts authorized to be appropriated for fiscal years before fiscal year 2014 that remain available for obligation, may be used for reimbursements of Pakistan under the authority in subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008, as amended by this section, until the Secretary of Defense certifies to the congressional defense committees each of the following:
That Pakistan is maintaining security and is not through its actions or inactions at any level of government limiting or otherwise restricting the movement of United States equipment and supplies along the Ground Lines of Communications (GLOCs) through Pakistan to Afghanistan so that such equipment and supplies can be transshipped and such equipment and supplies can be retrograded out of Afghanistan.
That Pakistan is taking demonstrable steps to—
support counterterrorism operations against al Qaeda, Tehrik-i-Taliban Pakistan, and other militant extremists groups such as the Haqqani Network and the Quetta Shura Taliban located in Pakistan;
disrupt the conduct of cross-border attacks against United States, coalition, and Afghanistan security forces located in Afghanistan by such groups (including the Haqqani Network and the Quetta Shura Taliban) from bases in Pakistan;
counter the threat of improvised explosive devices, including efforts to attack improvised explosive device networks, monitor known precursors used in improvised explosive devices, and systematically address the misuse of explosive materials (including calcium ammonium nitrate) and accessories and their supply to legitimate end-users in a manner that impedes the flow of improvised explosive devices and improvised explosive device components into Afghanistan; and
conduct cross-border coordination and communication with Afghan security forces and United States Armed Forces in Afghanistan.
added
That Pakistan is not using its military or any funds or equipment provided by the United States to persecute minority groups for their legitimate and nonviolent political and religious beliefs, including the Balochi, Sindhi, and Hazara ethnic groups and minority religious groups, including Christian, Hindu, and Ahmadiyya Muslim.
Waiver authority— The Secretary of Defense may waive the limitation in paragraph (1) if the Secretary certifies to the congressional defense committees in writing that the waiver is in the national security interests of the United States and includes with such certification a justification for the waiver.
Sec. 1216 Special immigrant visas for certain Iraqi and Afghan allies
changed
Protection for Afghan allies— Section 602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C.1101 U.S.C. 1101 note) is amended—
in paragraph (2)(A)(ii), by striking “on or after October 7, 2001,” and inserting “during the period beginning on October 7, 2001, and ending on December 31, 2014,”;
in paragraph (2)(D), by adding at the end the following: “A principal alien described in subparagraph (A) seeking special immigrant status under this section shall apply for an approval described in this subparagraph not later than September 30, 2015.”; and
in paragraph (3)(A), by striking “2013.” and inserting “2013, and may not exceed 435 for each of fiscal years 2014, 2015, 2016, 2017, and 2018.”.
Special immigrant status for certain Iraqis— Section 1244(a)(1) of the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended by striking the semicolon at the end and inserting “on or before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014;”.
Sec. 1218 Improvement of the Iraqi special immigrant visa program
addedadded The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended—
added
in section 1242, by amending subsection (c) to read as follows:
added “(c) Improved application process—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014,”
added
in section 1244, as amended by this Act, is further amended—
added
by amending subsection (a) to read as follows:
added “(a) In general—Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(27)), and shall, in consultation with the Secretary of Defense, ensure efficiency by which applications for special immigrant visas under section 1244(a) are processed so that all steps incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 9 months after the date on which an eligible alien applies for such visa, if the alien—”
added
in subsection (b)—
added
in paragraph (4) by adding at the end the following:
added “(A) Review process for denial by chief of mission
added “(i) In general—An applicant who has been denied Chief of Mission approval required by subparagraph (A) shall—
added “(I) receive a written decision; and
added “(II) be provided 120 days from the date of the decision to request reopening of the decision to provide additional information, clarify existing information, or explain any unfavorable information.
added “(ii) Senior coordinator—The Secretary of State shall designate, in the Embassy of the United States in Baghdad, Iraq, a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given—
added “(I) sufficiently high security clearance to review Chief of Mission denials in cases that appear to have relied upon insufficient or incorrect information; and
added “(II) responsibility for ensuring that an applicant described in clause (i) receives the information described in clause (i)(I).”
added
in section 1248, by adding at the end the following:
added “(f) Report on Improvements
added “(1) In general—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit a report, with a classified annex, if necessary, to—
added “(A) the Committee on the Judiciary of the Senate;
added “(B) the Committee on Foreign Relations of the Senate;
added “(C) the Committee on the Judiciary of the House of Representatives; and
added “(D) the Committee on Foreign Affairs of the House of Representatives.
added “(2) Contents—The report submitted under paragraph (1) shall describe the implementation of improvements to the processing of applications for special immigrant visas under section 1244(a), including information relating to—
added “(A) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall—
added “(i) support immigration security; and
added “(ii) provide for the orderly processing of such applications without delay;
added “(B) the financial, security, and personnel considerations and resources necessary to carry out this subtitle;
added “(C) the number of aliens who have applied for special immigrant visas under section 1244 during each month of the preceding fiscal year;
added “(D) the reasons for the failure to expeditiously process any applications that have been pending for longer than 9 months;
added “(E) the total number of applications that are pending due to the failure—
added “(i) to receive approval from the Chief of Mission;
added “(ii) for U.S. Citizenship and Immigration Services to complete the adjudication of the Form I–360;
added “(iii) to conduct a visa interview; or
added “(iv) to issue the visa to an eligible alien;
added “(F) the average wait times for an applicant at each of the stages described in subparagraph (E);
added “(G) the number of denials or rejections at each of the stages described in subparagraph (E); and
added “(H) a breakdown of reasons for denials at by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission.
added “(g) Public quarterly reports—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, and every 3 months thereafter, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall publish a report on the website of the Department of State that describes the efficiency improvements made in the process by which applications for special immigrant visas under section 1244(a) are processed, including information described in subparagraphs (C) through (H) of subsection (f)(2).”
Sec. 1219 Improvement of the Afghan Special Immigrant Visa Program
addedadded Section 602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
added
in paragraph (2)—
added
in subparagraph (D)—
added
by adding at the end the following:
added “(ii) Review process for denial by chief of mission
added “(I) In general—An applicant who has been denied Chief of Mission approval shall—
added “(aa) receive a written decision; and
added “(bb) be provided 120 days from the date of receipt of such opinion to request reconsideration of the decision to provide additional information, clarify existing information, or explain any unfavorable information.
added “(II) Senior coordinator—The Secretary of State shall designate, in the Embassy of the United States in Kabul, Afghanistan, a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given—
added “(aa) sufficiently high security clearance to review Chief of Mission denials in cases that appear to have relied upon insufficient or incorrect information; and
added “(bb) responsibility for ensuring that an applicant described in subclause (I) receives the information described in subclause (I)(aa).”
added
in paragraph (4)—
added
in the heading, by striking “Prohibition on fees” and inserting “Application process”;
added
by striking “The Secretary” and inserting the following:
added “(A) In general—Not later than 120 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall improve the efficiency by which applications for special immigrant visas under paragraph (1) are processed so that all steps incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 6 months after the date on which an eligible alien applies for such visa.
added “(B) Prohibition on fees—The Secretary”
added
by adding at the end the following:
added “(12) Report on improvements—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report, with a classified annex, if necessary, that describes the implementation of improvements to the processing of applications for special immigrant visas under this subsection, including information relating to—
added “(A) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall—
added “(i) support immigration security; and
added “(ii) provide for the orderly processing of such applications without delay;
added “(B) the financial, security, and personnel considerations and resources necessary to carry out this section;
added “(C) the number of aliens who have applied for special immigrant visas under this subsection during each month of the preceding fiscal year;
added “(D) the reasons for the failure to expeditiously process any applications that have been pending for longer than 9 months;
added “(E) the total number of applications that are pending due to the failure—
added “(i) to receive approval from the Chief of Mission;
added “(ii) for U.S. Citizenship and Immigration Services to complete the adjudication of the Form I–360;
added “(iii) to conduct a visa interview; or
added “(iv) to issue the visa to an eligible alien;
added “(F) the average wait times for an applicant at each of the stages described in subparagraph (E);
added “(G) the number of denials or rejections at each of the stages described in subparagraph (E); and
added “(H) a breakdown of reasons for denials by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission.
added “(13) Public quarterly reports—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, and every 3 months thereafter, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall publish a report on the website of the Department of State that describes the efficiency improvements made in the process by which applications for special immigrant visas under this subsection are processed, including information described in subparagraph (C) through (H) of paragraph (12).”
Sec. 1220 Sense of congress
added
added
Purpose— Expressing the Sense of the House or Representatives that the Special Immigration Visa programs authorized in the National Defense Authorization Act for Fiscal Year 2008 and the Afghan Allies Protection Act of 2009 are critical to the United States national security, and that these programs must be reformed and extended in order to meet the Congressional intent with which they were created.
added
Findings— Congress finds the following:
added
Congress created the Special Immigration Visa program for the purposes of protecting and aiding the many brave Iraqis and Afghans whose lives, and the lives of their families, were endangered as a result of their faithful and valuable service to the United States during Operations Enduring Freedom and Iraqi Freedom.
added
The Iraq Special Immigrant Visa program is set to expire at the end of fiscal year 2013.
added
The Afghanistan Special Immigrant Visa program is set to expire at the end of fiscal year 2014.
added
Despite the pending expiration of the Special Immigrant Visa programs, many brave Iraqis, Afghans, and their families, continue to face ongoing and serious threats as a result of their employment by or on behalf of the United States Government.
added
Between FY08–FY12, only 22 percent of the available Iraqi SIVs (5,500 visas out of 25,000 visas) have been issued and 12 percent of the available Afghan SIVs (1,051 visas out of 8,500 visas) have been issued.
added
As the Washington Post reported in October 2012, over 5,000 documentarily complete Afghan SIV applications remained in a backlog.
added
The implementation of the Special Immigration Visa programs has been protracted and inefficient.
added
The application and approval process for the Special Immigration Visa program is unnecessarily opaque and difficult to navigate.
added
Applicants in both Iraq and Afghanistan often have effusive recommendations from numerous military personnel, have served the United States war efforts for many years, and have served valiantly, in some instances literally taking a bullet for a United States service member, and yet are denied approval for a Special Immigration Visa with little to no transparency.
added
Overly narrow provisions contained in the Afghan Allies Protection Act of 2009 leave many deserving Afghans and their families in need of United States assistance, but unable to access the Special Immigration Visa program.
added
The United States has a responsibility to follow through on its promise to protect those Iraqis and Afghans who have risked their lives to aid our troops and protect America’s security.
added
The extension and reform of the Iraq and Afghanistan Special Immigrant Visa programs is a matter of national security.
added
The extension and reform of the Afghan Special Immigrant Visa program is essential to the United States mission in Afghanistan.
added
Sense of the House— It is the sense of the House of Representatives that the Iraq and Afghanistan Special Immigrant Visa programs should be—
added
reformed by—
added
ensuring applications are processed in a timely, and transparent fashion;
added
providing parity between the two Special Immigrant Visa programs so that Afghan principal applicants, like Iraqi principal applicants, are able to include their spouse, children, siblings, and parents; and
added
expanding eligibility for the Special Immigrant Visa programs to Afghan or Iraqi men and women employed by, or on behalf of, a media or nongovernmental organization headquartered in the United States, or an organization or entity closely associated with the United States mission in Iraq or Afghanistan that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement; and
added
extended in—
added
Iraq through the year 2018, without authorizing any additional Special Immigrant Visas as authorized in the original statue; and
added
Afghanistan through the year 2018, without authorizing any additional Special Immigrant Visas as authorized in the original statue.
Sec. 1221 Modification of report on progress toward security and stability in Afghanistan
In general— Section 1230 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 385), as most recently amended by section 1214(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1986), is further amended—
changed
by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), and (j), respectively; and
changed
by inserting after subsection (e) the following new subsection:subsections:
“(f) Matters to be included: Redeployment of United States Armed Forces from Afghanistan—The report required under subsection (a) shall include a detailed description of the following matters relating to the redeployment of United States Armed Forces from Afghanistan:
“(1) The number and a description of United States Armed Forces redeployed, vehicles and equipment redeployed, and bases closed during the reporting period.
changed
“(2) A summary of tasks and functions conducted by the United States Armed Forces or the Department of Defense that have been transferred to other United States Government departments and agencies, Afghan Government ministries and agencies, other foreign governments, or nongovernmental organizations, or discontinued during the reporting period. The summary shall include a discussion of the formal and informal arrangements and working groups that have been established to coordinate and execute the transfer of such tasks and functions.”functions.
added “(g) Matters to be included: Assessment of capability of ANSF to provide operations and maintenance functions—The report required under subsection (a) shall include a detailed assessment of the capability of the Afghan National Security Forces (ANSF) to provide operations and maintenance functions for infrastructure projects constructed for the ANSF after January 1, 2015, including—
added “(1) a description of training provided to the ANSF by the United States and the International Security Assistance Force;
added “(2) a comprehensive evaluation of operations and maintenance capabilities and skills; and
added “(3) the Government of Afghanistan’s financial wherewithal to perform or contract out such functions.”
Effective date— The amendments made this section apply with respect to any report required to be submitted under section 1230 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 385) on or after the date of the enactment of this Act.
Sec. 1222 Completion of accelerated transition of United States combat and military and security operations to the Government of Afghanistan
added
In general— It is the policy of the United States that, in coordination with the Government of Afghanistan, North Atlantic Treaty Organization (NATO) member countries, and other allies in Afghanistan, the President shall—
added
complete the accelerated transition of United States combat operations to the Government of Afghanistan by not later than December 31, 2013;
added
complete the accelerated transition of United States military and security operations to the Government of Afghanistan and redeploy United States Armed Forces from Afghanistan (including operations involving military and security-related contractors) by not later than December 31, 2014; and
added
pursue robust negotiations leading to a political settlement and reconciliation of the internal conflict in Afghanistan, to include the Government of Afghanistan, all interested parties within Afghanistan and with the observance and support of representatives of donor nations active in Afghanistan and regional governments and partners in order to secure a secure and independent Afghanistan and regional security and stability.
removed
It is the sense of Congress that—
changed
Sense of Congress— since It is the sense of Congress that should the President determine the necessity to maintain United States engagement troops in Afghanistan beginning in 2001, United States to carry out missions after December 31, 2014, and coalition forces have achieved substantial progress toward security such presence and stability in Afghanistan, including the training missions should be authorized by a separate vote of the Afghan National Security Forces;Congress not later than June 1, 2014.
changed
Rule of construction— a stable and secure Afghanistan with a credible government is Nothing in the long-term national security interests of the United States and would contribute this section shall be construed so as to the overall stability and security in limit or prohibit any authority of the region;President to—
added
modify the military strategy, tactics, and operations of United States Armed Forces as such Armed Forces redeploy from Afghanistan;
added
attack Al Qaeda forces wherever such forces are located;
added
provide financial support and equipment to the Government of Afghanistan for the training and supply of Afghanistan military and security forces; or
added
gather, provide, and share intelligence with United States allies operating in Afghanistan and Pakistan.
removed
as the United States accelerates transfer of the lead for security to the Afghan National Security Forces by the spring of 2013, the United States should assist the Afghan National Security Forces to maintain gains in security and should continue to evaluate the capability and capacity of the Afghan National Security Forces through the fighting season in 2013;
removed
following the duration of the North Atlantic Treaty Organization (NATO) mission on December 31, 2014, the United States should continue efforts to disrupt, dismantle, and defeat al Qaeda;
removed
the Haqqani Network continues to be the most important enabler of al Qaeda in Afghanistan and Pakistan;
removed
the operational requirements of the Afghan National Security Forces, in part due to the threat to the Government of Afghanistan from the Haqqani Network, al Qaeda, and other associated groups, necessitate that the Afghan Security National Forces have sufficient operational capacity to maintain the security of Afghanistan, including enabler capabilities such as aviation, casualty evacuation, logistics, intelligence, and indirect fire;
removed
the United States, with its Afghan partners, should provide assistance to the Government of Afghanistan so that the Taliban, the Haqqani Network, and associated terrorist and insurgent groups cannot militarily overthrow the Government of Afghanistan or plan and launch attacks against United States and Afghan interests from safe havens in Afghanistan;
removed
the United States military’s transition to counterterrorism and advise and assist missions should occur consistent with agreements between the United States, Afghanistan, and international partners as well as conditions on the ground;
removed
a bilateral security agreement that preserves vital United States interests between the United States and the Government of Afghanistan, achieved at the earliest practicable time, is critical to the long-term stability of Afghanistan as well as United States’ long term interests; however, the United States should not sign a bilateral security agreement that is antithetical to United States national security interests or commits to funding not directly linked to achieving those interests;
removed
the United States should support the achievement of a bilateral security agreement between NATO and the Government of Afghanistan because such a bilateral security agreement also will contribute to the long term stability and security of Afghanistan;
removed
the United States should conduct the required oversight and audits of United States stability programs to ensure that the activities are in line with the intended purpose of these programs;
removed
the United States should assist the Government of Afghanistan to provide security for the Afghan elections scheduled for 2014 and provide such assistance as requested by Afghan Government entities overseeing the elections and judged necessary by the United States to help guarantee a credible and legitimate election; and
removed
significant uncertainty exists within Afghanistan regarding the level of future United States military support following the end of the NATO mission on December 31, 2014, and therefore in order to reduce such uncertainty and promote further stability and security in Afghanistan following the end of the NATO mission, the President should—
removed
publicly support a residual United States military presence in Afghanistan consistent with United States national security interests;
removed
as part of the announcement of residual force levels, publicly define the mission sets and the support that the United States will provide to the Afghan National Security Forces; and
removed
publicly support sufficient funding for the Afghan National Security Forces until the Government of Afghanistan is able to independently sustain the security of Afghanistan consistent with United States national security interests.
Sec. 1225 Limitation on funds to establish permanent military installations or bases in Afghanistan
addedadded None of the funds authorized to be appropriated by this Act may be obligated or expended by the United States Government to establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan.
Sec. 1232 Additional elements in annual report on military power of Iran
In general— Section 1245(b)(3) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2542) is amended—
in subparagraph (C), by striking “and” at the end;
in subparagraph (D), by striking the period at the end and inserting a semicolon; and
by adding at the end the following new subparagraphs:
changed
“(E) a description of the strategy and structure of the global Iranian Threat Network and an assessment of the capability of such Network and how such Network operates to reinforce Iran’s grand strategy; andstrategy;
changed
“(F) a description of the gaps in intelligence of the Department of Defense with respect to Iran and a prioritization of those gaps in intelligence by operational need.”need; and
added “(G) an analysis of how sanctions on Iran are effecting its military capability and its ability to export terrorism to proxy groups within its Threat Network.”
Effective date— The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to reports required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010, as so amended, on or after that date.
Sec. 1234 Integrated air and missile defense programs at training locations in Southwest Asia
addedadded Section 544(c)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c(c)(1)) is amended—
added
in the first sentence, by inserting after “programs” the following: “and integrated air and missile defense programs”; and
added
in the second sentence, by striking “post-undergraduate flying and tactical leadership” and inserting “such”.
Sec. 1235 Statement of Policy on condemning the Government of Iran for its state-sponsored persecution of its Baha’i minority
added
added
Findings— Congress finds the following:
added
In 1982, 1984, 1988, 1990, 1992, 1994, 1996, 2000, 2006, 2008, 2009, 2012, and 2013, Congress declared that it deplored the religious persecution by the Government of Iran of the Baha’i community and would hold the Government of Iran responsible for upholding the rights of all Iranian nationals, including members of the Baha’i faith.
added
The United States Commission on International Religious Freedom 2012 Report stated, “The Baha’i community has long been subject to particularly severe religious freedom violations in Iran. Baha’is, who number at least 300,000, are viewed as “heretics” by Iranian authorities and may face repression on the grounds of apostasy.”.
added
The United States Commission on International Religious Freedom 2012 Report stated, “Since 1979, Iranian government authorities have killed more than 200 Baha’i leaders in Iran and dismissed more than 10,000 from government and university jobs.”.
added
The United States Commission on International Religious Freedom 2012 Report stated, “Baha’is may not establish places of worship, schools, or any independent religious associations in Iran.”.
added
The United States Commission on International Religious Freedom 2012 Report stated, “Baha’is are barred from the military and denied government jobs and pensions as well as the right to inherit property. Their marriages and divorces also are not recognized, and they have difficulty obtaining death certificates. Baha’i cemeteries, holy places, and community properties are often seized or desecrated, and many important religious sites have been destroyed.”.
added
The United States Commission on International Religious Freedom 2012 Report stated, “The Baha’i community faces severe economic pressure, including denials of jobs in both the public and private sectors and of business licenses. Iranian authorities often pressure employers of Baha’is to dismiss them from employment in the private sector.”.
added
The Department of State 2011 International Religious Freedom Report stated, “The government prohibits Baha’is from teaching and practicing their faith and subjects them to many forms of discrimination that followers of other religions do not face.”.
added
The Department of State 2011 International Religious Freedom Report stated, “According to law, Baha’i blood is considered “mobah”, meaning it can be spilled with impunity.”.
added
The Department of State 2011 International Religious Freedom Report stated that “members of religious minorities, with the exception of Baha’is, can serve in lower ranks of government employment”, and “Baha’is are barred from all leadership positions in the government and military”.
added
The Department of State 2011 International Religious Freedom Report stated, “Baha’is suffered frequent government harassment and persecution, and their property rights generally were disregarded. The government raided Baha’i homes and businesses and confiscated large amounts of private and commercial property, as well as religious materials belonging to Baha’is.”.
added
The Department of State 2011 International Religious Freedom Report stated, “Baha’is also are required to register with the police”.
added
The Department of State 2011 International Religious Freedom Report stated that “[p]ublic and private universities continued to deny admittance to and expelled Baha’i students” and “[d]uring the year, at least 30 Baha’is were barred or expelled from universities on political or religious grounds”.
added
The Department of State 2011 International Religious Freedom Report stated, “Baha’is are regularly denied compensation for injury or criminal victimization.”.
added
On March 6, 2012, the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran issued a report (A/HRC/19/66), which stated that “the Special Rapporteur continues to be alarmed by communications that demonstrate the systemic and systematic persecution of members of unrecognized religious communities, particularly the Baha’i community, in violation of international conventions” and expressed concern regarding “an intensive defamation campaign meant to incite discrimination and hate against Baha’is”.
added
On May 23, 2012, the United Nations Secretary-General issued a report, which stated that “the Special Rapporteur on freedom of religion or belief * * * pointed out that the Islamic Republic of Iran had a policy of systematic persecution of persons belonging to the Baha’i faith, excluding them from the application of freedom of religion or belief by simply denying that their faith had the status of a religion”.
added
On August 22, 2012, the United Nations Secretary-General issued a report, which stated, “The international community continues to express concerns about the very serious discrimination against ethnic and religious minorities in law and in practice, in particular the Baha’i community. The Special Rapporteur on the situation of human rights in the Islamic Republic of Iran expressed alarm about the systemic and systematic persecution of members of the Baha’i community, including severe socioeconomic pressure and arrests and detention. He also deplored the Government’s tolerance of an intensive defamation campaign aimed at inciting discrimination and hate against Baha’is.”.
added
On September 13, 2012, the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran issued a report (A/67/369), which stated, “Reports and interviews submitted to the Special Rapporteur also continue to portray a disturbing trend with regard to religious freedom in the country. Members of both recognized and unrecognized religions have reported various levels of intimidation, arrest, detention and interrogation that focus on their religious beliefs.”, and stated, “At the time of drafting the report, 105 members of the Baha’i community were reported to be in detention.”.
added
On November 27, 2012, the Third Committee of the United Nations General Assembly adopted a draft resolution (A/C.3/67/L.51), which noted, “[I]ncreased persecution and human rights violations against persons belonging to unrecognized religious minorities, particularly members of the Baha’i faith and their defenders, including escalating attacks, an increase in the number of arrests and detentions, the restriction of access to higher education on the basis of religion, the sentencing of twelve Baha’is associated with Baha’i educational institutions to lengthy prison terms, the continued denial of access to employment in the public sector, additional restrictions on participation in the private sector, and the de facto criminalization of membership in the Baha’i faith.”.
added
On December 20, 2012, the United Nations General Assembly adopted a resolution (A/RES/67/182), which called upon the government of Iran “[t]o eliminate discrimination against, and exclusion of * * * members of the Baha’i Faith, regarding access to higher education, and to eliminate the criminalization of efforts to provide higher education to Baha’i youth denied access to Iranian universities,” and “to accord all Baha’is, including those imprisoned because of their beliefs, the due process of law and the rights that they are constitutionally guaranteed”.
added
On February 28, 2013, the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran issued a report (A/HRC/22/56), which stated, “110 Bahai’s are currently detained in Iran for exercising their faith, including two women, Mrs. Zohreh Nikayin and Mrs. Taraneh Torabi, who are reportedly nursing infants in prison”.
added
In March and May of 2008, intelligence officials of the Government of Iran in Mashhad and Tehran arrested and imprisoned Mrs. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mrs. Mahvash Sabet, and Mr. Vahid Tizfahm, the seven members of the ad hoc leadership group for the Baha’i community in Iran.
added
In August 2010, the Revolutionary Court in Tehran sentenced the seven Baha’i leaders to 20-year prison terms on charges of “spying for Israel, insulting religious sanctities, propaganda against the regime and spreading corruption on earth”.
added
The lawyer for these seven leaders, Mrs. Shirin Ebadi, the Nobel Laureate, was denied meaningful or timely access to the prisoners and their files, and her successors as defense counsel were provided extremely limited access.
added
These seven Baha’i leaders were targeted solely on the basis of their religion.
added
Beginning in May 2011, Government of Iran officials in four cities conducted sweeping raids on the homes of dozens of individuals associated with the Baha’i Institute for Higher Education (BIHE) and arrested and detained several educators associated with BIHE.
added
In October 2011, the Revolutionary Court in Tehran sentenced seven of these BIHE instructors and administrators, Mr. Vahid Mahmoudi, Mr. Kamran Mortezaie, Mr. Mahmoud Badavam, Ms. Nooshin Khadem, Mr. Farhad Sedghi, Mr. Riaz Sobhani, and Mr. Ramin Zibaie, to prison terms for the crime of “membership of the deviant sect of Baha’ism, with the goal of taking action against the security of the country, in order to further the aims of the deviant sect and those of organizations outside the country”.
added
Six of these educators remain imprisoned, with Mr. Mortezaie serving a 5-year prison term and Mr. Badavam, Ms. Khadem, Mr. Sedghi, Mr. Sobhani, and Mr. Zibaie serving 4-year prison terms.
added
Since October 2011, four other BIHE educators, Ms. Faran Hessami, Mr. Kamran Rahimian, Mr. Kayvan Rahimian, and Mr. Shahin Negari have been sentenced to 4-year prison terms, which they are now serving.
added
The efforts of the Government of Iran to collect information on individual Baha’is have recently intensified as evidenced by a letter, dated November 5, 2011, from the Director of the Department of Education in the county of Shahriar in the province of Tehran, instructing the directors of schools in his jurisdiction to “subtly and in a confidential manner” collect information on Baha’i students.
added
The Baha’i community continues to undergo intense economic and social pressure, including an ongoing campaign in the town of Semnan, where the Government of Iran has harassed and detained Baha’is, closed 17 Baha’i owned businesses in the last three years, and imprisoned several members of the community, including three mothers along with their infants.
added
Ordinary Iranian citizens who belong to the Baha’i faith are disproportionately targeted, interrogated, and detained under the pretext of national security.
added
The Government of Iran is party to the International Covenants on Human Rights and is in violation of its obligations under the Covenants.
added
Statement of policy— Congress—
added
condemns the Government of Iran for its state-sponsored persecution of its Baha’i minority and its continued violation of the International Covenants on Human Rights;
added
calls on the Government of Iran to immediately release the seven imprisoned leaders, the ten imprisoned educators, and all other prisoners held solely on account of their religion; and
added
calls on the President and Secretary of State, in cooperation with responsible nations, to immediately condemn the Government of Iran’s continued violation of human rights and demand the immediate release of prisoners held solely on account of their religion.
Sec. 1241 Report on posture and readiness of United States Armed Forces to respond to future terrorist attacks in Africa and the Middle East
Sense of Congress— It is the sense of Congress that—
the terrorist attack in Benghazi, Libya on September 11, 2012, may have never occurred or could have been prevented had there been an international stabilizing force following NATO-led operations in order to help stabilize the country, build capacity within the security forces, and pursue terrorist groups that threaten the local government as well as United States interests;
the attack also highlighted the limitations of the United States military to alert, deploy, and decisively counter a no-notice terrorist attack such as the one in Benghazi, or another security contingency, due to the limitations stemming from United States military posture in Africa and the Middle East and when there is a lack of a layered defense at United States diplomatic facilities;
the United States military is more effectively able to respond to terrorist attacks on United States facilities outside of the United States if the responding United States military assets are forward deployed;
when an intelligence threat assessment determines that a United States facility overseas is vulnerable to attack, such facility should have robust force protection measures sufficient to safeguard personnel and assets until a United States military response can arrive;
the continually evolving terrorist threat to United States interests on the Continent of Africa and the Middle East necessitates that the United States military maintains a forward deployed posture in Europe, Middle East, and Africa in order to be able to respond to terrorist events, or other security contingencies, and to effectively evacuate and recover United States personnel;
the United States military, in conjunction with the Department of State and the intelligence community, should continue to evaluate the assumptions underpinning the terrorist threat in order to ensure that it is effectively able to respond globally to future terrorist attacks;
the United States military should regularly re-evaluate the posture and alert status requirements of its crisis response elements in order to be more responsive to the evolving and global nature of the terrorist threat, and all United States military crisis response elements should be fully equipped with the required supporting capabilities to conduct their missions;
changed
on April 16, 2013, Chairman of the Joint Chiefs of Staff, General Martin Dempsey, testified before the House Appropriations Committee that the military is, “…adapting “* * * adapting our force posture to a new normal of combustible violence in North Africa and in the Middle East”;
The President stated in a press conference on May 16, 2013, “I have directed the Defense Department to ensure that our military can respond lightening quick in times of crisis.”;
the Chairman of the Joint Chiefs should continue to evaluate the posture of United States forces to respond to the global terrorist threat, including an evaluation of whether United States Africa Command should have forces and necessary equipment permanently assigned to the command to respond more promptly to this “new normal”; and
although the Department of State-initiated Accountability Review Board found that the Marine Security Guard program should be expanded and that there should be greater coordination between the Department of Defense and the Department of State to identify additional resources for security at high risk posts, the United States military may be challenged to provide additional security to Department of State facilities due to budget shortfalls, on-going force structure constraints, and increasing operational requirements for the Department of Defense.
Report required—
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the appropriate congressional committees a report on the posture and readiness of United States Armed Forces to respond to future terrorist attacks in Africa and the Middle East.
Matters to be included— The plan required under paragraph (1) shall include, at a minimum, the following:
An assessment of terrorist groups and other non-state groups that threaten United States interests and facilities in Africa, including a description of the key assumptions underpinning such assessment.
A description of the readiness, posture, and alert status of relevant United States Armed Forces in Europe, the Middle East, Africa, and the United States and any changes implemented or planned to be implemented since the terrorist attack in Benghazi, Libya on September 11, 2012, to respond to the “new normal” and President Obama’s directive for the military to respond “lightening quick” in times of crisis.
In consultation with the Secretary of State, a description of new or modified requirements of the Department of State, if any, for—
United States Marine Security Guard Detachments;
any other Department of Defense assets to provide enhanced security at Department of State facilities;
an explanation of how any new requirements for Marine Security Detachments or other Department of Defense assets affect the capacity of the Armed Forces, including specifically the capacity of the Marine Corps, to fulfill Department of Defense operational requirements; and
an explanation of how any unfulfilled requirements for Marine Security Detachments would adversely impact security at Department of State facilities.
Definition— In this subsection, the term “appropriate congressional committees” means—
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1242 Role of the Government of Egypt to United States national security
Sense of Congress— It is the sense of Congress that—
Egypt is undergoing a significant political transition and the ultimate outcome of this political process and its implications for United States national security interests remain uncertain;
the United States continues to have considerable concerns about the intentions and actions of the Egyptian Muslim Brotherhood and whether the government of President Morsi is committed to a pluralistic, democratic Egypt;
the United States has a stake in Egypt becoming a mature, pluralistic democracy in which the rights of Egyptian citizens, including women and minorities, are protected;
the United States should continue to closely monitor President Morsi’s support for the peace treaty with the Government of Israel, which has been a stabilizing force in the region for over 30 years;
the United States military relationship with the Egyptian military is long-standing and should remain a key pillar to, and component of, United States engagement with Egypt;
the close military-to-military relationship between the United States and Egypt has been a critical component in enabling counterterrorism cooperation between the two governments to ensure the United States military has freedom of movement throughout the region in order to deter aggression and respond to threats to United States national security interests, particularly in light of the security situation in Libya and the Sinai;
the Egyptian military has exercised restraint and professionalism during the unrest in Egypt over the last two years and hopefully will remain a key mechanism through which the United States can support the people of Egypt in achieving their goals for a representative and democratic political system, while promoting peace and security in the region; and
therefore, with appropriate vetting, United States military assistance and support to the Egyptian military should continue, even as civilian aid to Egypt receives greater scrutiny as a result of the uncertainty associated with Egypt’s current political leadership and economic policies.
Plan required—
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that contains a comprehensive plan for United States military assistance and cooperation with Egypt.
Matters to be included— The plan required under paragraph (1) shall include, at a minimum, a detailed description of the following:
How United States security assistance and cooperation enables—
freedom of movement for the United States military throughout the region; and
the Government of Egypt to disrupt, dismantle, and defeat al Qaeda, affiliated groups, and other terrorist organizations, whether based in and operating from Egyptian territory or the region.
The capacity of the Government of Egypt to prevent the illicit movement of terrorists, criminals, weapons, and other dangerous material across Egypt’s borders or administrative boundaries, including through tunnels and other illicit points of entry into Gaza.
The extent to which the Egyptian military is—
changed
supporting the protection of the political, economic, and religious freedoms and human rights of all citizens and residents in Egypt;Egypt, including those involved in Egyptian civil society and democratic promotion efforts through nongovernmental organizations;
supporting credible and legitimate elections in Egypt;
supporting the Egypt-Israel Peace Treaty;
taking effective steps to eliminate smuggling networks and to detect and destroy tunnels between Egypt and Gaza; and
supporting action to combat terrorism in the Sinai.
added
A description of the strategic objectives of the United States regarding the provision of United States security assistance to the Government of Egypt.
added
A description of biennial outlays of United States security assistance to the Government of Egypt for the purposes of strategic planning, training, provision of equipment, and construction of facilities, including funding streams.
added
A description of vetting and end-user monitoring systems in place by both Egypt and the United States for defense articles and training provided by the United States, including human rights vetting.
added
A description of actions that the Government of Egypt is taking to—
added
repudiate, combat, and stop incitement to violence against the United States and United States citizens and prohibit the transmission within its domains of satellite television or radio channels that broadcast such incitement; and
added
adopt and implement legal reforms that protect the religious and democratic freedoms of all citizens and residents of Egypt.
added
Recommendations, including with respect to required resources and actions, to maximize the effectiveness of United States security assistance provided to Egypt.
Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—
the congressional defense committees; and
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
added
GAO report— Not later than 120 days after the date of the submission of the report required under subsection (b), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that—
added
reviews and comments on the report required under subsection (b); and
added
provides recommendations regarding additional actions with respect to the provision of United States security assistance to Egypt, if necessary.
Sec. 1244 Statement of Congress on defense cooperation with Georgia
added
Findings— Congress finds the following:
added
The Republic of Georgia is a highly valued ally of the United States and has repeatedly demonstrated its commitment to advancing the mutual interests of both countries, including the deployment of Georgian forces as part of the NATO-led International Security Assistance Force in Afghanistan and the Multi-National Force in Iraq.
added
The peaceful transfer of power as the result of the free and fair parliamentary elections in Georgia in October 2012 represents a major accomplishment toward the Georgian people’s creation of a free society and full democracy.
added
However, since the October 2012 parliamentary elections the new Georgian Government has taken a series of measures against former officials and members of the current political opposition that appear to be motivated by political considerations.
added
Over 100 former Georgian Government officials have been charged with criminal violations since the October 2012 parliamentary elections.
added
Similar charges have been filed against members of the political opposition, including Vano Merabishvili, the Secretary General of the United National Movement.
added
The arrest of the leader of an opposition party is especially troubling, particularly its chilling effect on political freedom prior to the presidential election scheduled for October 2013.
added
The Georgian Government has taken insufficient action to prevent further violence against members of the United National Movement and to punish offenders.
added
These actions call into question the Georgian Government’s continued progress toward the creation of a free and democratic society in which basic freedoms, including freedom for political opposition, are guaranteed.
added
Statement of Congress— Congress declares that—
added
the United States remains committed to assisting the people of Georgia in establishing a free and democratic society in their country;
added
the measures taken by the Georgian Government against former officials and political opponents, apparently in part motivated by political considerations, may have a significant negative impact on cooperation between the United States and Georgia, including efforts to build a stronger relationship in political, economic, and security matters, as well as progress on integrating Georgia into international organizations;
added
the United States must be unambiguous when democratic backsliding occurs in a key ally after a peaceful and democratic transfer of power between political parties; and
added
the people of the United States and the Members of Congress express their deepest condolences to the Georgian people on the tragic loss of seven soldiers of Georgia in a suicide bombing on June 6, 2013, and the deaths of three soldiers killed in another suicide bombing on May 13, 2013, while they were supporting United States and NATO forces in Afghanistan.
removed
It is the sense of Congress that the United States should enhance its defense cooperation efforts with Georgia and support the efforts of the Government of Georgia to provide for the defense of its government, people, and sovereign territory.
Sec. 1251 Sense of Congress on the conflict in Syria
Findings— Congress finds the following:
The conflict in Syria began in March 2011.
As of February 2013, the United Nations High Commissioner for Human Rights estimated that approximately 70,000 Syrians have been killed during the conflict.
According to the United Nations High Commissioner for Refugees, over 1,200,000 Syrians are registered refugees or persons of concern including, over 66,000 in Egypt, over 145,000 in Iraq, over 461,000 in Jordan, over 462,000 in Lebanon, and over 329,000 in Turkey.
Jabhat al-Nusra, a group located in Syria and categorized as an affiliate of al-Qaeda by the intelligence community, presents a direct threat to the interests of the United States and could present a direct threat to the United States.
On August 19, 2011, President Obama stated: “The future of Syria must be determined by its people, but President Bashar al-Assad is standing in their way. We have consistently said that President Assad must lead a democratic transition or get out of the way. He has not led. For the sake of the Syrian people, the time has come for President Assad to step aside.”.
The United States is deploying 200 military personnel from the headquarters of the 1st Armored Division to Jordan in order to “improve readiness and prepare for a number of scenarios”.
changed
In a letter from Miguel Rodriguez, the Assistant to the President for Legislative Affairs, to Senators McCain and Levin, dated April 25, 2013, it stated that “our intelligence community does assess with varying degrees of confidence that the Syrian regime has used chemical weapons on a small scale in Syria, specifically, the chemical agent sarin…We sarin * * * We do believe that any use of chemical weapons in Syria would very likely have originated with the Assad regime…the regime * * * the President has made it clear that the use of chemical weapons—or the transfer of chemical weapons to terrorist groups—is a red line for the United States of America”.
In a press conference with Israel Prime Minister, Benjamin Netanyahu, President Obama stated: “I have made clear that the use of chemical weapons is a game-changer”.
In August 2012, during a White House press conference, President Obama stated: “We have been very clear to the Assad regime, but also to other players on the ground, that a redline for us is we start seeing a whole bunch of chemical weapons moving around or being utilized.”.
It is a threat to the vital national security interest of the United States if terrorist groups, such as al-Qaeda, obtain chemical or biological material or weapons in Syria.
At a Pentagon press conference on May 2, 2013, Secretary Hagel confirmed that the Obama Administration is re-thinking its opposition to arming the rebels.
On April 11, 2013, responding to a question about the need for a supplemental funding request for any potential United States military effort in Syria, Secretary Hagel stated: “Yes, I think it is pretty clear that a supplemental would be required.”.
Sense of congress— It is the sense of Congress that—
President Obama should have a comprehensive policy and should ensure robust contingency planning to secure United States’ interests in Syria;
President Obama should fully consider all courses of action to remove President Bashar al-Assad from power;
changed
the conflict in Syria threatens the vital national security interests of Israel, Israel and the stability of Jordan, Lebanon, and Turkey, the implications of which should be sufficiently weighed by the President when considering policy approaches towards the conflict in Syria;
added
the sale or transfer of advanced anti-aircraft weapons systems to Syria poses a grave risk to Israel and the United States supports Israel’s right to respond to this grave threat as needed;
renumbered
was (3)(6)
the President should fully consider all courses of action to reinforce his stated “redline” regarding the use of weapons of mass destruction by the Assad regime in Syria, which could threaten the credibility of the United States with its allies in the region and embolden the Assad regime;
renumbered
was (3)(7)
the United States should continue to conduct rigorous planning and operational preparation to support any efforts to secure the chemical and biological stockpiles and associated weapons;
renumbered
was (3)(8)
the United States should have a policy that supports the stability of countries on Syria’s border, including Jordan, Turkey, Iraq, Lebanon, and Israel;
renumbered
was (3)(9)
the United States should continue to support Syrian opposition forces with non-lethal aid;
renumbered
was (3)(10)
the President, the Department of Defense, the Department of State, and the intelligence community, in cooperation with European and regional allies, should ensure that the risks of all courses of action or inaction regarding Syria are fully explored and understood and that Congress is kept fully informed of such risks;
removed
the President should fully consider, and the Department of Defense should conduct prudent planning for, the provision of lethal aid and relevant operational training to vetted Syrian opposition forces, including an analysis of the risks of the provision of such aid and training; and
changed
should the President decide to employ any military assets in Syria, should fully consider, and the President Department of Defense should provide a supplemental budget request conduct prudent planning for, the provision of lethal aid and relevant operational training to Congress.vetted Syrian opposition forces, including an analysis of the risks of the provision of such aid and training;
added
should the President decide to employ any military assets in Syria, the President should provide a supplemental budget request to Congress; and
added
the President should use all diplomatic means to disrupt the flow of arms into Syria, including efforts to dissuade Russia from further arms sales with Syria, the influx of weapons and fighters from Hezbollah, and the infiltration of weapons and fighters from Iran.
Sec. 1257 Sense of Congress on military capabilities of the People’s Republic of China
Congress—
notes the People’s Republic of China (PRC) continues to rapidly modernize and expand its military capabilities across the land, sea, air, space, and cyberspace domains;
is concerned by the rate and scope of PRC military developments, including its military-focused cyber espionage, which indicate a desire to constrain or prevent the peaceful activities of the United States and its allies in the Western Pacific;
changed
concurs with Admiral Samuel Locklear, commander of U.S. Pacific Command, that “China’s rapid development of advanced military capabilities, combined with its unclear intentions, certainly raises strategic and security concerns for the U.S U.S. and the region”;
notes the United States remains committed to a robust forward military-presence in the Asia-Pacific and will continue to vigorously support mutual defense arrangements with treaty allies while also building deeper relationships with other strategic partners in the region; and
urges the Government of the PRC to work peacefully to resolve existing territorial disputes and to adopt a maritime code of conduct with relevant parties to guide all forms of maritime interaction and communications in the Asia-Pacific.
Sec. 1258 Rule of construction
changed
Nothing in this Act shall be construed as authorizing the use of force against Syria.Syria or Iran.
Sec. 1259 Sense of Congress regarding relations with Taiwan
addedadded It is the sense of Congress that the United States should—
added
allow all high-level officials of Taiwan to enter into the United States or its embassies and consulates under conditions which demonstrate appropriate respect for the dignity of such leaders;
added
allow meetings between all high-level Taiwan and United States officials in United States executive departments;
added
allow the Taipei Economic and Cultural Representative Office and all other instrumentalities established in the United States by Taiwan to conduct business activities, including activities which involve participation by Members of Congress and other representatives of Federal, State, and local governments, and all high-level Taiwan officials, without obstruction from the United States Government or any foreign power; and
added
adopt a policy of allowing high-ranking Taiwan leaders to make official visits with high-ranking officials of the United States, including official visits by Taiwan’s democratically elected president, and allowing for visits between these officials in Washington, D.C.
Sec. 1260 Sense of Congress on the threat posed by Hezbollah
added
added
Findings— Congress finds the following:
added
Hezbollah has been designated a foreign terrorist organization by the Department of State since October 8, 1997.
added
Hezbollah has been responsible for numerous terrorist attacks and attempted terrorist attacks around the world, including attacks against United States citizens.
added
Hezbollah is active in Europe and has been linked to a July 18, 2012, suicide bombing in Bulgaria which killed five people.
added
Hezbollah operatives have been captured around the world attacking or attempting to attack Western and Israeli targets.
added
The United States is working with its European allies to combat terrorism through a variety of means, including through NATO’s Partnership Action Plan against Terrorism and the Defence Against Terrorism Programme of Work.
added
Sense of Congress— It is the sense of Congress that—
added
the United States should continue to use all necessary means to fight against terrorism, including Hezbollah;
added
President Obama should strongly encourage his European counterparts to publicly condemn Hezbollah;
added
European allies should seek to officially recognize Hezbollah as a terrorist organization;
added
any attempt to distinguish between military and civilian wings in Hezbollah is meaningless; and
added
all countries should work together to fight radical terrorist organizations like Hezbollah.
Sec. 1261 Combating crime through intelligence capabilities
addedadded The Secretary of Defense is authorized to deploy assets, personnel, and resources to the Joint Interagency Task Force South, in coordination with SOUTHCOM, to combat the following by supplying sufficient intelligence capabilities:
added
Transnational criminal organizations.
added
Drug trafficking.
added
Bulk shipments of narcotics or currency.
added
Narco-terrorism.
added
Human trafficking.
added
The Iranian presence in the Western Hemisphere.
Sec. 1262 Limitation on availability of funds to implement the Arms Trade Treaty
addedadded None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to implement the Arms Trade Treaty, or to make any change to existing programs, projects, or activities as approved by Congress in furtherance of, pursuant to, or otherwise to implement the Arms Trade Treaty, unless the Arms Trade Treaty has been signed by the President, received the advice and consent of the Senate, and has been the subject of implementing legislation by the Congress.
Sec. 1263 War Powers of Congress
added
added
Findings— Congress finds the following:
added
In 1793, George Washington said, “The constitution vests the power of declaring war in Congress; therefore no offensive expedition of importance can be undertaken until after they shall have deliberated upon the subject and authorized such a measure.”.
added
In a letter to Thomas Jefferson in 1798, James Madison wrote: “The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it. It has accordingly with studied care vested the question of war to the Legislature.”
added
In 1973, Congress passed the War Powers Resolution which states in section 2: “The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”.
added
In its April 1, 2011, Memorandum to President Obama, the Office of Legal Counsel concluded: “President Obama could rely on his constitutional power to safeguard the national interest by directing the anticipated military operations in Libya—which were limited in their nature, scope, and duration—without prior congressional authorization.”.
added
On June 15, 2011, in a letter to the Speaker of the House of Representatives from the Department of Defense and Department of State, the Departments informed Congress that “The President is of the view that the current U.S. military operations in Libya are consistent with the War Powers Resolution and do not under that law require further congressional authorization, because U.S. military operations are distinct from the kind of “hostilities contemplated by the Resolution’s 60 day termination provision”.”.
added
The precedence set by the Executive Branch in its assertion that Congress plays no role in military actions like those taken in Libya is contrary to the intent of the Framers and of the Constitution which vests sole authority to declare war in the Legislative Branch.
added
Rule of construction— Nothing in this Act shall be construed to authorize any use of military force.
Sec. 1264 Prohibition on use of drones to kill United States citizens
added
added
Prohibition— The Department of Defense may not use a drone to kill a citizen of the United States.
added
Exception— The prohibition under subsection (a) shall not apply to an individual who is actively engaged in combat against the United States.
added
Definition— In this section, the term drone means an unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)).
Sec. 1265 Sale of F–16 aircraft to Taiwan
addedadded The President shall carry out the sale of no fewer than 66 F–16C/D multirole fighter aircraft to Taiwan.
Sec. 1266 Statement of policy and report on the inherent right of Israel to self-defense
added
added
Findings— Congress makes the following findings:
added
The United States-Israel Enhanced Security Cooperation Act of 2012 (22 U.S.C. 8601 et seq.) established the policy of the United States to support the inherent right of Israel to self-defense.
added
The United States-Israel Enhanced Security Cooperation Act of 2012 (22 U.S.C. 8601 et seq.) expressed the sense of Congress that the Government of the United States should transfer to the Government of Israel defense articles and defense services such as air refueling tankers, missile defense capabilities, and specialized munitions.
added
The inherent right of Israel to self-defense necessarily includes the possession and maintenance by Israel of an independent capability to remove existential threats to its security and defend its vital national interests.
added
Policy of the united states— It is the policy of the United States to take all necessary steps to ensure that Israel possesses and maintains an independent capability to remove existential threats to its security and defend its vital national interests.
added
Sense of congress— It is the sense of Congress that air refueling tankers and advanced bunker-buster munitions should immediately be transferred to Israel to ensure our democratic ally has an independent capability to remove any existential threat posed by the Iranian nuclear program and defend its vital national interests.
added
Report— Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall submit to the House and Senate Armed Services committees, the House Foreign Affairs Committee, the Senate Foreign Relations Committee, and the House and Senate Appropriations committees a report that—
added
identifies all aerial refueling platforms, bunker-buster munitions, and other capabilities and platforms that would contribute significantly to the maintenance by Israel of a robust independent capability to remove existential security threats, including nuclear and ballistic missile facilities in Iran, and defend its vital national interests;
added
assesses the availability for sale or transfer of items necessary to acquire the capabilities and platforms described in paragraph (1) as well as the legal authorities available for making such transfers; and
added
describes the steps the President is taking to immediately transfer the items described in paragraph (1) pursuant to the policy described in subsection (b).
Sec. 1267 Report on collective and national security implications of central Asian and South Caucasus energy development
added
added
Findings— Congress finds the following:
added
Assured access to stable energy supplies is an enduring concern of both the United States and the North Atlantic Treaty Organization (NATO).
added
Adopted in Lisbon in November 2010, the new NATO Strategic Concept declares that “[s]ome NATO countries will become more dependent on foreign energy suppliers and in some cases, on foreign energy supply and distribution networks for their energy needs”.
added
The report required by section 1233 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) reaffirmed the Strategic Concept’s assessment of growing energy dependence of some members of the NATO alliance and also noted there is value in the assured access, protection, and delivery of energy.
added
Development of energy resources and transit routes in the areas surrounding the Caspian Sea can diversify sources of supply for members of the NATO alliance, particularly those in Eastern Europe.
added
Report—
added
Report— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State and the Secretary of Energy, submit to the appropriate congressional committees a detailed report on the implications of new energy resource development and distribution networks, both planned and under construction, in the areas surrounding the Caspian Sea for energy security strategies of the United States and NATO.
added
Elements— The report required by paragraph (1) shall include the following:
added
An assessment of the dependence of NATO members on a single oil or natural gas supplier or distribution network.
added
An assessment of the potential of energy resources of the areas surrounding the Caspian Sea to mitigate such dependence on a single supplier or distribution network.
added
Recommendations, if any, for ways in which the United States can help support increased energy security for NATO members.
added
Submission of classified information— The report under this subsection shall be submitted in unclassified form, but may contain a classified annex.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
Sec. 1268 Report on military and security developments involving the Russian Federation
added
added
Report— Not later than June 1, 2014, and June 1 of each year thereafter through 2017, the Secretary of Defense shall submit to the specified congressional committees a report, in both classified and unclassified form, on the current and future military power of the Russian Federation (in this section referred to as “Russia”). The report shall address the current and probable future course of military-technological development of the Russian military, the tenets and probable development of Russian security strategy and military strategy, and military organizations and operational concepts, for the 20-year period following submission of such report.
added
Matters to be included— A report required under subsection (a) shall include the following:
added
An assessment of the security situation in regions neighboring Russia.
added
The goals and factors shaping Russian security strategy and military strategy.
added
Trends in Russian security and military behavior that would be designed to achieve, or that are consistent with, the goals described in paragraph (2).
added
An assessment of Russia’s global and regional security objectives, including objectives that would affect the North Atlantic Treaty Organization, the Middle East, and the People's Republic of China.
added
A detailed assessment of the sizes, locations, and capabilities of Russian nuclear, special operations, land, sea, and air forces.
added
Developments in Russian military doctrine and training.
added
An assessment of the proliferation activities of Russia and Russian entities, as a supplier of materials, technologies, or expertise relating to nuclear weapons or other weapons of mass destruction or missile systems.
added
Developments in Russia’s asymmetric capabilities, including its strategy and efforts to develop and deploy cyberwarfare and electronic warfare capabilities, details on the number of malicious cyber incidents originating from Russia against Department of Defense infrastructure, and associated activities originating or suspected of originating from Russia.
added
The strategy and capabilities of Russian space and counterspace programs, including trends, global and regional activities, the involvement of military and civilian organizations, including state-owned enterprises, academic institutions, and commercial entities, and efforts to develop, acquire, or gain access to advanced technologies that would enhance Russian military capabilities.
added
Developments in Russia's nuclear program, including the size and state of Russia's stockpile, its nuclear strategy and associated doctrines, its civil and military production capacities, and projections of its future arsenals.
added
A description of Russia's anti-access and area denial capabilities.
added
A description of Russia's command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and its applications for Russia's precision guided weapons.
added
In consultation with the Secretary of Energy and the Secretary of State, developments regarding United States-Russian engagement and cooperation on security matters.
added
The current state of United States military-to-military contacts with the Russian Federation Armed Forces, which shall include the following:
added
A comprehensive and coordinated strategy for such military-to-military contacts and updates to the strategy.
added
A summary of all such military-to-military contacts during the one-year period preceding the report, including a summary of topics discussed and questions asked by the Russian participants in those contacts.
added
A description of such military-to-military contacts scheduled for the 12-month period following such report and the plan for future contacts.
added
The Secretary's assessment of the benefits the Russians expect to gain from such military-to-military contacts.
added
The Secretary's assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts.
added
The Secretary's assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the Russian Federation.
added
A description of Russian military-to-military relationships with other countries, including the size and activity of military attaché offices around the world and military education programs conducted in Russia for other countries or in other countries for the Russians.
added
Other military and security developments involving Russia that the Secretary of Defense considers relevant to United States national security.
added
Definition— In this section the term “specified congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
Sec. 1269 Limitation on assistance to provide tear gas or other riot control items
addedadded None of the funds authorized to be appropriated by this Act may be used to provide tear gas or other riot control items to the government of a country undergoing a transition to democracy in the Middle East or North Africa unless the Secretary of Defense certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the security forces of such government are not using excessive force to repress peaceful, lawful, and organized dissent.
Sec. 1270 Report on certain financial assistance to Afghan military
addedadded 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 measures to monitor and ensure that United States financial assistance to the Afghan National Security Forces to purchase fuel is not used to purchase fuel from Iran in violation of United States sanctions.
Sec. 1271 Israel’s right to self-defense
addedadded Congress fully supports Israel’s lawful exercise of self-defense, including actions to halt regional aggression.
Sec. 1272 Sense of Congress strongly supporting the full implementation of United States and international sanctions on Iran and urging the President to continue to strengthen enforcement of sanctions legislation
added
added
Findings— Congress finds the following:
added
On May 14, 1948, the people of Israel proclaimed the establishment of the sovereign and independent State of Israel.
added
On March 28, 1949, the United States Government recognized the establishment of the new State of Israel and established full diplomatic relations.
added
Since its establishment nearly 65 years ago, the modern State of Israel has rebuilt a nation, forged a new and dynamic democratic society, and created a thriving economic, political, cultural, and intellectual life despite the heavy costs of war, terrorism, and unjustified diplomatic and economic boycotts against the people of Israel.
added
The people of Israel have established a vibrant, pluralistic, democratic political system, including freedom of speech, association, and religion; a vigorously free press; free, fair, and open elections; the rule of law; a fully independent judiciary; and other democratic principles and practices.
added
Since the 1979 revolution in Iran, the leaders of the Islamic Republic of Iran have repeatedly made threats against the existence of the State of Israel and sponsored acts of terrorism and violence against its citizens.
added
On October 27, 2005, President of Iran Mahmoud Ahmadinejad called for a world without America and Zionism.
added
In February 2012, Supreme Leader of Iran Ali Khamenei said of Israel, “The Zionist regime is a true cancer tumor on this region that should be cut off. And it definitely will be cut off.”.
added
In August 2012, Supreme Leader Khamenei said of Israel, “This bogus and fake Zionist outgrowth will disappear off the landscape of geography.”.
added
In August 2012, President Ahmadinejad said that “in the new Middle East * * * there will be no trace of the American presence and the Zionists”;
added
The Department of State has designated the Islamic Republic of Iran as a state sponsor of terrorism since 1984 and has characterized the Islamic Republic of Iran as the “most active state sponsor of terrorism” in the world.
added
The Government of the Islamic Republic of Iran has provided weapons, training, funding, and direction to terrorist groups, including Hamas, Hizballah, and Shiite militias in Iraq that are responsible for the murder of hundreds of United States service members and innocent civilians.
added
The Government of the Islamic Republic of Iran has provided weapons, training, and funding to the regime of Bashar al Assad that has been used to suppress and murder its own people.
added
Since at least the late 1980s, the Government of the Islamic Republic of Iran has engaged in a sustained and well-documented pattern of illicit and deceptive activities to acquire a nuclear weapons capability.
added
Since September 2005, the Board of Governors of the International Atomic Energy Agency (IAEA) has found the Islamic Republic of Iran to be in non-compliance with its safeguards agreement with the IAEA, which Iran is obligated to undertake as a non-nuclear-weapon State Party to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (NPT).
added
The United Nations Security Council has adopted multiple resolutions since 2006 demanding of the Government of the Islamic Republic of Iran its full and sustained suspension of all uranium enrichment-related and reprocessing activities and its full cooperation with the IAEA on all outstanding issues related to its nuclear activities, particularly those concerning the possible military dimensions of its nuclear program.
added
The Government of the Islamic Republic of Iran has refused to comply with United Nations Security Council resolutions or to fully cooperate with the IAEA.
added
In November 2011, the IAEA Director General issued a report that documented “serious concerns regarding possible military dimensions to Iran’s nuclear programme”, and affirmed that information available to the IAEA indicates that “Iran has carried out activities relevant to the development of a nuclear explosive device” and that some activities may be ongoing.
added
The Government of Iran stands in violation of the Universal Declaration of Human Rights for denying its citizens basic freedoms, including the freedoms of expression, religion, peaceful assembly and movement, and for flagrantly abusing the rights of minorities and women.
added
In his State of the Union Address on January 24, 2012, President Barack Obama stated, “Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal.”.
added
Congress has passed and the President has signed into law legislation imposing significant economic and diplomatic sanctions on Iran to encourage the Government of Iran to abandon its pursuit of nuclear weapons and end its support for terrorism.
added
These sanctions, while having significant effect, have yet to persuade Iran to abandon its illicit pursuits and comply with United Nations Security Council resolutions.
added
More stringent enforcement of sanctions legislation, including elements targeting oil exports and access to foreign exchange, could still lead the Government of Iran to change course.
added
In his State of the Union Address on February 12, 2013, President Obama reiterated, “The leaders of Iran must recognize that now is the time for a diplomatic solution, because a coalition stands united in demanding that they meet their obligations. And we will do what is necessary to prevent them from getting a nuclear weapon.”.
added
On March 4, 2012, President Obama stated, “Iran's leaders should understand that I do not have a policy of containment; I have a policy to prevent Iran from obtaining a nuclear weapon.”.
added
On October 22, 2012, President Obama said of Iran, “The clock is ticking * * * And we're going to make sure that if they do not meet the demands of the international community, then we are going to take all options necessary to make sure they don't have a nuclear weapon.”.
added
On May 19, 2011, President Obama stated, “Every state has the right to self-defense, and Israel must be able to defend itself, by itself, against any threat.”.
added
On September 21, 2011, President Obama stated, “America's commitment to Israel's security is unshakeable. Our friendship with Israel is deep and enduring.”.
added
On March 4, 2012, President Obama stated, “And whenever an effort is made to delegitimize the state of Israel, my administration has opposed them. So there should not be a shred of doubt by now: when the chips are down, I have Israel's back.”.
added
On October 22, 2012, President Obama stated, “Israel is a true friend. And if Israel is attacked, America will stand with Israel. I've made that clear throughout my presidency * * * I will stand with Israel if they are attacked.”.
added
In December 2012, 74 United States Senators wrote to President Obama “As you begin your second term as President, we ask you to reiterate your readiness to take military action against Iran if it continues its efforts to acquire a nuclear weapon. In addition, we urge you to work with our European and Middle Eastern allies to demonstrate to the Iranians that a credible and capable multilateral coalition exists that would support a military strike if, in the end, this is unfortunately necessary.”.
added
The United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112–150) stated that it is United States policy to support Israel’s inherent right to self-defense.
added
Sense of Congress— Congress—
added
reaffirms the special bonds of friendship and cooperation that have existed between the United States and the State of Israel for more than sixty years and that enjoy overwhelming bipartisan support in Congress and among the people of the United States;
added
strongly supports the close military, intelligence, and security cooperation that President Obama has pursued with Israel and urges this cooperation to continue and deepen;
added
deplores and condemns, in the strongest possible terms, the reprehensible statements and policies of the leaders of the Islamic Republic of Iran threatening the security and existence of Israel;
added
recognizes the tremendous threat posed to the United States, the West, and Israel by the Government of Iran’s continuing pursuit of a nuclear weapons capability;
added
reiterates that the policy of the United States is to prevent Iran from acquiring a nuclear weapon capability and to take such action as may be necessary to implement this policy;
added
reaffirms its strong support for the full implementation of United States and international sanctions on Iran and urges the President to continue and strengthen enforcement of sanctions legislation;
added
declares that the United States has a vital national interest in, and unbreakable commitment to, ensuring the existence, survival, and security of the State of Israel, and reaffirms United States support for Israel’s right to self-defense; and
added
urges that, if the Government of Israel is compelled to take military action in legitimate self-defense against Iran’s nuclear weapons program, the United States Government should stand with Israel and provide, in accordance with United States law and the constitutional responsibility of Congress to authorize the use of military force, diplomatic, military, and economic support to the Government of Israel in its defense of its territory, people, and existence.
added
Rule of construction— Nothing in this section shall be construed as an authorization for the use of force or a declaration of war.
Sec. 1273 Sense of Congress on the illegal nuclear weapons programs of Iran and North Korea
addedadded It is the sense of Congress that—
added
the paramount security concern of the United States is the ongoing and illegal nuclear weapons programs of the Islamic Republic of Iran and the Democratic People’s Republic of Korea;
added
it should be the primary objective of the President of the United States to ensure that North Korea’s nuclear program is completely and verifiably eliminated and that Iran, and its terrorist proxies, are not allowed to develop nuclear weapons capability and the means to deliver them;
added
the continuing failure to compel Iran and North Korea to comply with their respective obligations under international law risks greater nuclear proliferation throughout already unstable regions by states that have chosen, but not irreversibly so, to refrain from developing or acquiring their own nuclear weapons capability;
added
nuclear arms reductions by the United States and the Russian Federation have not persuaded or otherwise incentivized Iran and North Korea to halt or reverse their destabilizing and dangerous nuclear weapons programs, nor have they resulted in increased cooperation by other states to deal with these threats; and
added
the President should use all international fora available to the President to pursue the complete and verifiable elimination of the nuclear weapons programs of Iran and North Korea as the President’s paramount obligation to the security of the American people.
Sec. 1274 Limitation on use of funds to purchase equipment from Rosoboronexport
added
added
Limitation— No funds authorized to be appropriated for the Department of Defense for any fiscal year after fiscal year 2013 may be used for the purchase of any equipment from Rosoboronexport until the Secretary of Defense certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge—
added
Rosoboronexport is cooperating fully with the Defense Contract Audit Agency;
added
Rosoboronexport has not delivered S–300 advanced anti-aircraft missiles to Syria; and
added
no new contracts have been signed between the Bashar al Assad regime in Syria and Rosoboronexport since January 1, 2013.
added
National security waiver—
added
In general— The Secretary of Defense may waive the limitation in subsection (a) if the Secretary certifies that the waiver in order to purchase equipment from Rosoboronexport is in national security interest of the United States.
added
Report— If the Secretary waives the limitation in subsection (a) pursuant to paragraph (1), the Secretary shall submit to the congressional defense committees, not later than 30 days before purchasing equipment from Rosoboronexport pursuant to the waiver, a report on the waiver. The report shall be submitted in classified or unclassified form, at the election of the Secretary. The report shall include the following:
added
An explanation why it is in the national security interest of the United States to purchase equipment from Rosoboronexport.
added
An explanation why comparable equipment cannot be purchased from another corporation.
added
An assessment of the cooperation of Rosoboronexport with the Defense Contract Audit Agency.
added
An assessment of whether and how many S–300 advanced anti-aircraft missiles have been delivered to the Assad regime by Rosoboronexport.
added
A list of the contracts that Rosoboronexport has signed with the Assad regime since January 1, 2013.
added
Requirement for competitively bid contracts— The Secretary of Defense shall award any contract that will use United States funds for the procurement of helicopters for the Afghan Security Forces using competitive procedures based on requirements developed by the Secretary of Defense.
Sec. 1304 Strategy to modernize cooperative threat reduction and prevent the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region
added
added
Strategy required— The Secretary of Defense, in consultation with the Secretary of State and the Secretary of Energy, shall establish a comprehensive and broad nonproliferation strategy to modernize cooperative threat reduction and advance cooperative efforts with international partners to reduce the threat from the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region.
added
Elements— The strategy required by subsection (a) shall—
added
build upon the current activities of the Departments of Defense, State, and Energy’s nonproliferation programs that aim to mitigate the range of threats in the Middle East and North Africa region posed by weapons of mass destruction;
added
review issues relating to the threat from the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region on a regional basis as well as on a country-by-country basis;
added
review the activities and achievements in the Middle East and North Africa region of the Department of Defense Cooperative Threat Reduction Program and the nonproliferation programs at the Department of State and Department of Energy and other United States Government agencies and departments designed to address nuclear, radiological, chemical, and biological safety and security issues;
added
ensure the continued coordination of cooperative nonproliferation efforts within the United States Government and further mobilize and leverage additional resources from partner nations, nongovernmental and multilateral organizations, and international institutions;
added
include an assessment of what countries are financially, materially, or technologically supporting proliferation in this region and how the strategy will prevent, stop or interdict the support;
added
include an estimate of associated costs required to plan and execute the proposed cooperative threat reduction activities in order to execute the comprehensive strategy to prevent the proliferation of weapons of mass destruction and related materials; and
added
include a discussion of the metrics to measure the strategy’s and activities’ success in reducing the regional threat of the proliferation of weapons of mass destruction.
added
Integration and coordination— The strategy required by subsection (a) shall include an assessment of gaps in current cooperative nonproliferation efforts, an articulation of agencies’ threat reduction priorities in the Middle East and North Africa region, the establishment of appropriate metrics for determining success in the region, and steps to ensure that the strategy fits in broader United States efforts to reduce the threat from weapons of mass destruction.
added
Consultation— In establishing the strategy required by subsection (a), the Secretary of Defense may consult with both governmental and nongovernmental experts from a diverse set of views.
added
Strategy and implementation plan— Not later than March 31, 2014, the Secretary of Defense shall submit to the specified congressional committees the cooperative threat reduction modernization strategy required by subsection (a), as well as a plan for the implementation of the strategy required by subsection (a).
added
Form— The strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
added
Specified congressional committees— In this section, the term specific congressional committees means—
added
the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
added
the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.
Sec. 1411 Use of National Defense Stockpile for the conservation of a strategic and critical materials supply
Presidential responsibility for conservation of stockpile materials— Section 98e(a) of title 50, United States Code, is amended—
by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and
by inserting after paragraph (4) the following new paragraph (5):
“(5) provide for the recovery of any strategic and critical material from excess materials made available for recovery purposes by other Federal agencies;”
Uses of National Defense Stockpile Transaction Fund— Section 98h(b)(2) of title 50, United States Code, is amended—
by redesignating subparagraphs (D) through (L) as subparagraphs (E) through (M), respectively; and
by inserting after subparagraph (C) the following new subparagraph (D):
“(D) Encouraging the conservation of strategic and critical materials.”
changed
Development of domestic sources— Section 98h-6(a) 98h–6(a) of title 50, United States Code, is amended, in the matter preceding paragraph (1), by inserting “and conservation” after “development”.
Sec. 1535 Limitation on funds for the Afghanistan Security Forces Fund to acquire certain aircraft, vehicles, and equipment
added
added
Limitation— Of the funds authorized to be appropriated by this Act to the Department of Defense for the Afghanistan Security Forces Fund (ASFF), $2,600,000,000 shall be withheld from obligation and expenditure until the Secretary of Defense submits to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report as described in subsection (b).
added
Report— The report referred to in subsection (a) is a report that includes the following information:
added
A list of all covered aircraft, vehicles, and equipment to be purchased with funds authorized to be appropriated by this Act to the Department of Defense for the ASFF.
added
The expected date on which such covered aircraft, vehicles, and equipment would be delivered and operable in Afghanistan.
added
The full requirements for operating such covered aircraft, vehicles, and equipment.
added
The plan for maintenance of such covered aircraft, vehicles, and equipment and estimated costs of such covered aircraft, vehicles, and equipment by year, through 2020.
added
The expected date that ASFF personnel would be fully capable of operating and maintaining such covered aircraft, vehicles, and equipment without support from United States personnel.
added
An explanation of the extent to which the acquisition of such covered aircraft, vehicles, and equipment will impact the longer-term United States costs of supporting the ASFF.
added
Covered aircraft, vehicles, and equipment— In this section, the term “covered aircraft, vehicles, and equipment” means helicopters, systems for close air support, air mobility systems, and armored vehicles.
Sec. 1601 Periodic audits of contracting compliance by Inspector General of Department of Defense
Requirement for periodic audits of contracting compliance— The Inspector General of the Department of Defense shall conduct periodic audits of contracting practices and policies related to procurement under section 2533a of title 10, United States Code. Such an audit shall be conducted at least once every three years.
changed
Requirement for additional information in semiannual reports— The Inspector General of the Department of Defense shall ensure that findings and other information resulting from audits conducted pursuant to subsection (a) are included in the semiannual report transmitted to congressional committees under section 8(f)(1) of the Inspector General Act of 1978 (5 U.S.C. App).App.).
Sec. 1607 Reporting on goals for procurement contracts awarded to small business concerns
addedadded Subsection (h) of section 15 of the Small Business Act (15 U.S.C. 644) is amended to read as follows:
added “(h) Reporting on goals for procurement contracts awarded to small business concerns
added “(1) Agency reports—At the conclusion of each fiscal year, the head of each Federal agency shall submit to the Administrator a report describing—
added “(A) the extent of the participation by small business concerns, small business concerns owned and controlled by veterans (including service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women in the procurement contracts of such agency during such fiscal year;
added “(B) whether the agency achieved the goals established for the agency under subsection (g)(2) with respect to such fiscal year;
added “(C) any justifications for a failure to achieve such goals; and
added “(D) a remediation plan with proposed new practices to better meet such goals, including analysis of factors leading to any failure to achieve such goals.
added “(2) Reports by administrator—Not later than 60 days after receiving a report from each Federal agency under paragraph (1) with respect to a fiscal year, the Administrator shall submit to the President and Congress, and to make available on a public Web site, an annual report that includes—
added “(A) a copy of each report submitted to the Administrator under paragraph (1);
added “(B) a determination of whether each goal established by the President under subsection (g)(1) for such fiscal year was achieved;
added “(C) a determination of whether each goal established by the head of a Federal agency under subsection (g)(2) for such fiscal year was achieved;
added “(D) the reasons for any failure to achieve a goal established under paragraph (1) or (2) of subsection (g) for such fiscal year and a description of actions planned by the applicable agency to address such failure, including the Administrator’s comments and recommendations on the proposed remediation plan; and
added “(E) for the Federal Government and each Federal agency, an analysis of the number and dollar amount of prime contracts awarded during such fiscal year to—
added “(i) small business concerns—
added “(I) in the aggregate;
added “(II) through sole source contracts;
added “(III) through competitions restricted to small business concerns; and
added “(IV) through unrestricted competition;
added “(ii) small business concerns owned and controlled by service-disabled veterans—
added “(I) in the aggregate;
added “(II) through sole source contracts;
added “(III) through competitions restricted to small business concerns;
added “(IV) through competitions restricted to small business concerns owned and controlled by service-disabled veterans; and
added “(V) through unrestricted competition;
added “(iii) qualified HUBZone small business concerns—
added “(I) in the aggregate;
added “(II) through sole source contracts;
added “(III) through competitions restricted to small business concerns;
added “(IV) through competitions restricted to qualified HUBZone small business concerns;
added “(V) through unrestricted competition where a price evaluation preference was used; and
added “(VI) through unrestricted competition where a price evaluation preference was not used;
added “(iv) small business concerns owned and controlled by socially and economically disadvantaged individuals—
added “(I) in the aggregate;
added “(II) through sole source contracts;
added “(III) through competitions restricted to small business concerns;
added “(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals;
added “(V) through unrestricted competition; and
added “(VI) by reason of that concern’s certification as a small business owned and controlled by socially and economically disadvantaged individuals;
added “(v) small business concerns owned by an Indian tribe (as such term is defined in section 8(a)(13)) other than an Alaska Native Corporation—
added “(I) in the aggregate;
added “(II) through sole source contracts;
added “(III) through competitions restricted to small business concerns;
added “(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
added “(V) through unrestricted competition;
added “(vi) small business concerns owned by a Native Hawaiian Organization—
added “(I) in the aggregate;
added “(II) through sole source contracts;
added “(III) through competitions restricted to small business concerns;
added “(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
added “(V) through unrestricted competition;
added “(vii) small business concerns owned by an Alaska Native Corporation—
added “(I) in the aggregate;
added “(II) through sole source contracts;
added “(III) through competitions restricted to small business concerns;
added “(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
added “(V) through unrestricted competition; and
added “(viii) small business concerns owned and controlled by women—
added “(I) in the aggregate;
added “(II) through competitions restricted to small business concerns;
added “(III) through competitions restricted using the authority under section 8(m)(2);
added “(IV) through competitions restricted using the authority under section 8(m)(2) and in which the waiver authority under section 8(m)(3) was used; and
added “(V) through unrestricted competition; and
added “(F) for the Federal Government, the number, dollar amount, and distribution with respect to the North American Industry Classification System of subcontracts awarded during such fiscal year to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women, provided that such information is publicly available through data systems developed pursuant to the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282), or otherwise available as provided in paragraph (3).
added “(3) Access to data
added “(A) Federal procurement data system—To assist in the implementation of this section, the Administration shall have access to information collected through the Federal Procurement Data System, Federal Subcontracting Reporting System, or any new or successor system.
added “(B) Agency procurement data sources—To assist in the implementation of this section, the head of each contracting agency shall provide, upon request of the Administration, procurement information collected through agency data collection sources in existence at the time of the request. Contracting agencies shall not be required to establish new data collection systems to provide such data.”
Sec. 1608 Program to provide Federal contracts to early stage small businesses
added
added
In general— The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following:
added “48. Program to provide Federal contracts to early stage small businesses
added “(a) Establishment—The Administrator shall establish and carry out a program in accordance with the requirements of this section to provide improved access to Federal contract opportunities for early stage small business concerns.
added “(b) Procurement contracts
added “(1) In general—In carrying out subsection (a), the Administrator, in consultation with other Federal agencies, shall identify procurement contracts of Federal agencies for award under the program.
added “(2) Contract awards—Under the program established pursuant to this section, the award of a procurement contract of a Federal agency identified by the Administrator pursuant to paragraph (1) shall be made by the agency to an eligible program participant selected, and determined to be responsible, by the agency.
added “(3) Competition
added “(A) Sole source—A contracting officer may award a sole source contract under this program if such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more early stage small business concerns will submit offers for the contracting opportunity and in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
added “(B) restricted competition—A contracting officer may award contracts on the basis of competition restricted to early stage small business concerns if the contracting officer has a reasonable expectation that not less than 2 early stage small business concerns will submit offers and that the award can be made at a fair market price.
added “(4) Contract value—Contracts shall be awarded under this program if its value is greater than $3,000 and less than half the upper threshold of section 15(j)(1) of the Small Business Act.
added “(c) Eligibility—Only an early stage small business concern shall be eligible to compete for a contract to be awarded under the program. The Administrator shall certify that a small business concern is an early stage small business concern, or the Administrator shall approve a Federal agency, a State government, or a national certifying entity to certify that the business meets the eligibility criteria of an early stage small business concern.
added “(d) Technical assistance—The Administrator shall provide early stage small business concerns with technical assistance and counseling with regard to—
added “(1) applying for and competing for Federal contracts; and
added “(2) fulfilling the administrative responsibilities associated with the performance of a Federal contract.
added “(e) Attainment of contract goals—All contract awards made under the program shall be counted toward the attainment of the goals specified in section 15(g) of the Small Business Act.
added “(f) Regulations—The Administrator shall—
added “(1) issue proposed regulations to carry out this section not later than 180 days after the date of enactment of this Act; and
added “(2) issue final regulations to carry out this section not later than 270 days after the date of enactment of this Act.
added “(g) Report to congress—Not later than April 30, 2015, the Administrator shall transmit to the Congress a report on the performance of the program.
added “(h) Definitions—For purposes of this section, the following definitions shall apply:
added “(1) Program—The term program means a program established pursuant to subsection (a).
added “(2) Early stage small business concern—The term early stage small business concern means a small business concern that—
added “(A) has not more than 15 employees; and
added “(B) has average annual receipts that total not more than $1,000,000, except if the concern is in an industry with an average annual revenue standard that is less than $1,000,000, as defined by the North American Industry Classification System.”
added
Repeal of similar program— Section 304 of the Small Business Administration Reauthorization and Amendments Act of 1994 (15 U.S.C. 644 note) is repealed.
Sec. 1609 Credit for certain subcontractors
added
added
In general— Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by adding at the end the following:
added “(16) Credit for certain subcontractor—For purposes of determining whether or not a prime contractor has attained the percentage goals specified in paragraph (6)—
added “(A) if the subcontracting goals pertain only to a single contract with the executive agency, the prime contractor shall receive credit for small business concerns performing as first tier subcontractors or subcontractors at any tier pursuant to the subcontracting plans required under paragraph (6)(D) in an amount equal to the dollar value of work awarded to such small business concerns; and
added “(B) if the subcontracting goals pertain to more than one contract with one or more executive agencies, or to one contract with more than one executive agency, the prime contractor may only count first tier subcontractors that are small business concerns.”
added
Definitions pertaining to subcontracting— Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following:
added “(dd) Definitions pertaining to subcontracting—In this Act:
added “(1) Subcontract—The term “subcontract” means a legally binding agreement between a contractor that is already under contract to another party to perform work, and a third party, hereinafter referred to as the subcontractor, for the subcontractor to perform a part, or all, of the work that the contractor has undertaken.
added “(2) First tier subcontractor—The term “first tier subcontractor” means a subcontractor who has a subcontract directly with the prime contractor.
added “(3) At any tier—The term “at any tier” means any subcontractor other than a subcontractor who is a first tier subcontractor.”
Sec. 1610 GAO Study on subcontracting reporting systems
addedadded Not later than 365 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business of the House of Representatives and to the Committee on Small Business and Entrepreneurship of the Senate a report studying the feasibility of using Federal subcontracting reporting systems, including the Federal subaward reporting system required by section 2 of the Federal Funding Accountability and Transparency Act of 2006 and any electronic subcontracting reporting award system used by the Small Business Administration, to attribute subcontractors to particular contracts in the case of contractors that have subcontracting plans under section 8(d) of the Small Business Act that pertain to multiple contracts with executive agencies.
Sec. 1611 Inapplicability of requirement to review and justify certain contracts
addedadded In the case of a contract to which the provisions of section 46 of the Small Business Act (15 U.S.C. 657s) apply, the requirements under section 802 of the National Defense Authorization Act for Fiscal Year 2013 do not apply.
Sec. 2109 Transfer of Administrative Jurisdiction, Camp Frank D. Merrill, Dahlonega, Georgia
added
added
Transfer Required— Not later than September 30, 2014, the Secretary of Agriculture shall transfer to the administrative jurisdiction of the Secretary of the Army for required Army force protection measures certain Federal land administered as part of the Chattahoochee National Forest, but permitted to the Secretary of the Army for Camp Frank D. Merrill in Dahlonega, Georgia, consisting of approximately 282.304 acres identified in the permit numbered 0018–01.
added
Use of Transferred Land— Upon receipt of the land under subsection (a), the Secretary of the Army shall continue to use the land for military purposes.
added
Protection of the Etowah Darter and Holiday Darter— Nothing in the transfer required by subsection (a) shall affect the prior designation of lands within the Chattahoochee National Forest as critical habitat for the Etowah darter (Etheostoma etowahae) and the Holiday darter (Etheostoma brevirostrum).
added
Legal Description and Map—
added
Preparation and publication— The Secretary of Agriculture shall publish in the Federal Register a legal description and map of the land to be transferred under subsection (a) not later than 180 days of this Act’s enactment.
added
Force of law— The legal description and map filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct errors in the legal description and map.
added
Reimbursements of Costs— The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Army shall reimburse the Secretary of Agriculture for any costs incurred by the Secretary of Agriculture to prepare the legal description and map under subsection (c).
Sec. 2713 Consideration of the value of services provided by a local community to the Armed Forces as part of the economic analysis in making base realignment or closure decisions
addedadded As part of the economic analysis conducted in making any base realignment or closure decision under section 2687 of title 10, United States Code, or other base realignment or closure authority, or in making any decision under section 993 of such title to reduce the number of members of the armed forces assigned at a military installation, the Secretary of Defense shall include an accounting of the value of services, such as schools, libraries, and utilities, as well as land, structures, and access to infrastructure, such as airports and seaports, that are provided by the local community to the military installation and that result in cost savings for the Armed Forces.
Sec. 2801 Modification of authority to carry out unspecified minor military construction
Increased threshold for application of Secretory approval and congressional notification requirements— Subsection (b)(1) of section 2805 of title 10, United States Code, is amended by striking “$750,000” and inserting “$1,000,000”.
Increase in maximum amount of operation and maintenance funds authorized to be used for certain projects— Subsection (c)(1)(B) of such section is amended by striking “$750,000” and inserting “$1,000,000”.
Annual location adjustment of dollar limitations— Such section is further amended by adding at the end the following new subsection:
“(f) Adjustment of dollar limitations for location—Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project.”
added
Modification and extension of authority for laboratory revitalization projects—
added
In general— Subsection (d) of section 2805 of title 10, United States Code, is amended—
added
in paragraph (1)(A), by striking “not more than $2,000,000” and inserting “not more than $4,000,000, notwithstanding subsection (c)”;
added
in paragraph (2), by striking the first sentence and inserting the following: “For purposes of this subsection, an unspecified minor military construction project is a military construction project that (notwithstanding subsection (a)) has an approved cost equal to or less than $4,000,000.”; and
added
in paragraph (5), by striking “2016” and inserting “2020”.
added
Application to current projects— The amendments made by paragraph (1) do not apply to any laboratory revitalization project for which the design phase has been completed as of the date of the enactment of this Act.
Sec. 2807A Department of Defense report on Military Housing Privatization Initiative
addedadded Not later than 90 days after enactment of this Act, the Secretary of Defense shall issue a report to Congress on the Military Housing Privatization Initiative under subchapter IV of chapter 169 of title 10, United States Code. The report shall include the details of any project where the project owner has outstanding local, county, city, town or State tax obligations dating back over 12 months, as determined by a final judgment by a tax authority.
Sec. 2809 Development of master plans for major military installations
addedadded Section 2864 of title 10, United States Code, is amended—
added
in subsection (a)—
added
by striking “At a time” and inserting “(1) At a time”; and
added
by adding at the end the following new paragraph:
added “(2) To address the requirements under paragraph (1), each installation master plan shall include consideration of—
added “(A) planning for compact and infill development;
added “(B) horizontal and vertical mixed-use development;
added “(C) the full lifecycle costs of planning decisions;
added “(D) healthy communities with a focus on walking, running and biking infrastructure, pedestrian and cycling plans, and community green and garden space; and
added “(E) capacity planning through the establishment of growth boundaries around cantonment areas to focus development towards the core and preserve range and training space.”
added
in subsection (b)—
added
by striking “The transportation” and inserting “(1) The transportation”; and
added
by adding at the end the following new paragraph:
added “(2) To address the requirements under subsection (a) and paragraph (1), each installation master plan shall include consideration of ways to diversify and connect transit systems that do not neglect the pedestrian realm and enable safe walking or biking.”
added
by redesignating subsection (c) as subsection (e); and
added
by inserting after subsection (b) the following new subsections:
added “(c) Vertical mixed uses—A master plan for a major military installation shall be designed to strongly multi-story, mixed-use facility solutions that are sited in walkable complexes so as to avoid, when reasonable, single-purpose, inflexible facilities that are sited in a sprawling manner. Vertical mixed-use infrastructure can integrate government, non-government, or jointly financed construction within a single unit.
added “(d) Savings clause—Nothing in this section shall supercede the requirements of section 2859(a) of this title.”
Sec. 2812 Report on utilization of Department of Defense real property
added
added
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 utilization of real property across the Department of Defense.
added
Elements of report— The report required by subsection (a) shall describe the following:
added
The strategy of the Department of Defense for maximizing utilization of existing facilities, progress implementing this strategy, and obstacles to implementing this strategy.
added
The efforts of the Department of Defense to systematically collect, process, and analyze data on real property utilization to aid in the planning and implementation of the strategy referred to in paragraph (1).
added
The number of underutilized Department facilities, to be defined as facilities rated less than 66 percent utilization, and unutilized Department facilities, to be defined as facilities rated at zero percent utilization, in the Real Property Inventory Database of the Department of Defense.
added
The annual cost of maintaining and improving such underutilized and unutilized Department facilities.
added
The efforts of the Department of Defense to dispose of underutilized and unutilized facilities.
added
Classified annex— The report required by subsection (a) may include a classified annex if necessary to fully describe the matters required by subsection (b).
Sec. 2813 Conditions on Department of Defense expansion of Piñon Canyon Maneuver Site, Fort Carson, Colorado
added
added
Findings— Congress finds the following:
added
Following Japan’s attack on Pearl Harbor, Fort Carson was established in 1942 and has since been a vital contributor to our Nation’s defense and a valued part of the State of Colorado.
added
The units at Fort Carson have served with a great honor and distinction in the current War on Terror.
added
The current Piñon Canyon Maneuver Site near Fort Carson, Colorado, plays an important role in training our men and women in uniform so they are as prepared and effective as possible before going off to war.
added
Conditions on expansion— The Secretary of Defense and the Secretary of the Army may not acquire any land to expand the size of the Piñon Canyon Maneuver Site near Fort Carson, Colorado, unless each of the following occurs:
added
The land acquisition is specifically authorized in an Act of Congress enacted after the date of the enactment of this Act.
added
Funds are specifically appropriated for the land acquisition.
added
The Secretary of Defense or the Secretary of the Army, as the case may be, completes an environmental impact statement with respect to the land acquisition.
Sec. 2866 Establishment of military divers memorial at Washington Navy Yard
added
added
Memorial authorized— Consistent with the sense of the Congress expressed in section 2855 of the National Defense Authorization Act for Fiscal Year 2013, the Secretary of the Navy may permit a third party to establish and maintain, at a suitable location at the former Navy Dive School at the Washington Navy Yard in the District of Columbia, a memorial to honor the members of the United States Armed Forces who have served as divers and whose service in defense of the United States has been carried out beneath the waters of the world.
added
Location and design of monument— The actual location at the Washington Navy Yard for the memorial authorized by subsection (a) and the final design of the memorial shall be subject to the approval of the Secretary. In selecting the site to serve as the location for the memorial, the Secretary shall seek to maximize visitor access to the memorial.
added
Military support— The Secretary shall provide military ceremonial support at the dedication of the memorial authorized by subsection (a).
added
Use of federal funds prohibited— Federal funds may not be used to design, procure, prepare, install, or maintain the memorial authorized by subsection (a), but the Secretary may accept and expend contributions of non-Federal funds and resources for such purposes.
Sec. 2867 Inclusion of emblems of belief as part of military memorials
added
added
Inclusion of emblems of belief authorized— Chapter 21 of title 36, United States Code, is amended by adding at the end the following:
added “2115. Inclusion of emblems of belief as part of military memorials
added “(a) Authorized inclusion—For the purpose of honoring the sacrifice of members of the United States Armed Forces, including those members who make the ultimate sacrifice in defense of the United States, emblems of belief may be included as part of—
added “(1) a military memorial that is established or acquired by the United States Government; or
added “(2) a military memorial that is not established by the United States Government, but for which the American Battle Monuments Commission cooperated in the establishment of the memorial.
added “(b) Scope of inclusion—When including emblems of belief as part of a military memorial, any approved emblem of belief may be included on such a memorial. The list of approved emblems of belief shall include, at a minimum, all those emblems of belief authorized by the National Cemetery Administration.
added “(c) Definitions—In this section:
added “(1) The terms “emblem of belief” and “emblems of belief” refer to the emblems of belief contained on the list maintained by the National Cemetery Administration for placement on Government-provided headstones and markers.
added “(2) The term “military memorial” means a memorial or monument commemorating the service of the United States Armed Forces. The term includes works of architecture and art described in section 2105(b) of this title.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following:
Sec. 3122 Extension of principles of pilot program to additional facilities of the nuclear security enterprise
Findings— Congress finds the following:
In April 2006, the Administrator for Nuclear Security initiated a pilot program to improve and streamline oversight of the Kansas City Plant of the National Nuclear Security Administration.
In a memorandum initiating the pilot, the Administrator cited slow progress in implementing previous efforts to streamline such oversight, saying that such slow progress “is a reflection of excessive risk aversion”.
The pilot program shifted away from reliance on directives of the Department of Energy and toward third-party certification and industrial standards whenever possible—but the pilot program specifically exempted certain high-hazard operations from its scope.
An independent assessment conducted one year after initiation of the pilot found approximately $14,000,000 had been saved in fiscal year 2007 because of the pilot program.
changed
The independent assessment found that “the replacement of Department of Energy prescriptive requirements with site specific standards and operating systems was observed to be a significant cost reduction driver…in driver * * * in several business areas, this reduction was accomplished by moving toward the use of metrics and benchmarks rather than transactional oversight.”.
The independent assessment further found that “no immediate or negative impacts were observed as a result” of the pilot program and that “the lessons learned at [the Kansas City Plant] can and should be applied at other NNSA and DOE sites”, while acknowledging that application of such lessons would be limited by the presence of high-risk, high-hazard activities at such locations.
The independent assessment concluded, “it is our opinion that these elements can be encouraged and developed over time at each NNSA facility, subject to the limitations made necessary by the nature of the site.”.
Extension of policies—
In general— Except as provided by paragraph (2), the Administrator for Nuclear Security shall—
ensure that the principles of the pilot program are permanently implemented at the Kansas City Plant of the National Nuclear Security Administration; and
in accordance with paragraph (3), extend such principles of the pilot program, with modifications as the Administrator determines appropriate, to not less than two additional facilities of the nuclear security enterprise (as defined in section 4002(5) of the Atomic Energy Defense Act (50 U.S.C. 2501(5)), with such principles commencing at each facility not later than one year after the date of the enactment of this Act.
Exemption— In carrying out the extension of the principles of the pilot program pursuant to subparagraph (A) and (B) of paragraph (1), the Administrator—
may exempt high-hazard or high-risk activities from such extension;
shall exempt nuclear operations from such extension; and
shall focus the initial extension of such principles on low-risk, high-reward initiatives.
Implementation—
In extending the principles of the pilot program to not less than two facilities under paragraph (1)(B), the Administrator shall certify to the appropriate congressional committees that—
the management and operating contractor for such a facility has sufficiently mature processes, as well as high performance, to enable the extension without undue risk; and
Federal oversight mechanisms are in place and sufficiently mature to enable the extension without undue risk.
If the Administrator cannot make a certification under subparagraph (A) with respect to a facility—
the Administrator shall delay the extension of the principles of the pilot program to such facility until the date on which the Administrator makes such certification; and
not later than one year after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report regarding—
the improvements to processes, procedures, and performance that are required to make such certification;
a plan with respect to the activities that the Administrator will carry out to make such improvements; and
the date by which the Administrator expects to make such certification and extend the principles of the pilot program.
Definitions— In this subsection:
The term “appropriate congressional committees” means the following:
The congressional defense committees.
The Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
The term “principles of the pilot program” means the principles regarding the use of third-party certification, industrial standards, best business practices, and verification of internal procedures and performance to improve and streamline oversight, as demonstrated in the pilot program at the Kansas City Plant of the Administration described in subsection (a)(1).
Sec. 3123 Extension of authority of Secretary of Energy to enter into transactions to carry out certain research projects
addedadded Section 646(g)(10) of the Department of Energy Organization Act (42 U.S.C. 7256(g)(10)) is amended by striking “September 30, 2015” and inserting “September 30, 2020”.
Sec. 3145 Government Waste Isolation Pilot Plant Extension
added
added
Extension of waste isolation pilot plant mission— The Secretary of Energy shall manage WIPP in such a way as to include, in addition to the disposal of wastes authorized by section 213 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980 (Public Law 96–164; 93 Stat. 1259, 1265), the transportation and disposal of any non-defense Federal Government-owned transuranic waste that can be shown to meet the applicable criteria described in the document entitled “Transuranic Waste Acceptance Criteria For The Waste Isolation Pilot Plant”, published by the Department of Energy on April 21, 2011, or any successor document.
added
Definitions— In this section:
added
Disposal; transuranic waste— The terms “disposal” and “transuranic waste” have the meanings given those terms in section 2 of the Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102–579; 106 Stat. 4777).
added
WIPP— The term “WIPP” means the Waste Isolation Pilot Plant project authorized under section 213 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980 (Public Law 96–164; 93 Stat. 1259, 1265).
Sec. 3146 Conveyance of land at the Hanford Site
added
added
Conveyance required—
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall convey, for consideration at the estimated fair market value or, in accordance with paragraph (2), below such value, to the Community Reuse Organization of the Hanford Site (in this section referred to as the “Organization”) all right, title, and interest of the United States in and to the real property, including any improvements thereon, described in paragraph (3).
added
Consideration— The Secretary may convey real property pursuant to paragraph (1) for consideration below the estimated fair market value of the real property, or without consideration, only if the Organization—
added
agrees that the net proceeds from any sale or lease of the real property (or any portion thereof) received by the Organization during at least the seven-year period beginning on the date of such conveyance will be used to support the economic redevelopment of, or related to, the Hanford Site; and
added
executes the agreement for such conveyance and accepts control of the real property within a reasonable time.
added
Real property described— The real property described in this paragraph is the real property consisting of two parcels of land of approximately 1,341 acres and 300 acres, respectively, of the Hanford Reservation, as requested by the Community Reuse Organization for the Hanford Site on May 31, 2011, and October 13, 2011, and as depicted within the proposed boundaries on the map titled “Attachment 2—Revised Map” included in the letter sent by the Community Reuse Organization for the Hanford Site to the Department of Energy on October 13, 2011.
added
Priority consideration— The Secretary shall actively solicit, and provide priority consideration to, the views of the cities and counties adjacent to the Hanford Site with respect to the development and execution of the Hanford Comprehensive Land Use Plan.
Sec. 3147 Manhattan Project National Historical Park
added
added
Purposes— The purposes of this section are—
added
to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project and which are under the jurisdiction of the Department of Energy defense environmental cleanup program under this title;
added
to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project;
added
to enhance public access to the Historical Park consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and
added
to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project.
added
Definitions— In this section:
added
Historical park— The term “Historical Park” means the Manhattan Project National Historical Park established under subsection (c).
added
Manhattan project— The term “Manhattan Project” means the Federal military program to develop an atomic bomb ending on December 31, 1946.
added
Secretary— The term “Secretary” means the Secretary of the Interior.
added
Establishment of manhattan project national historical park—
added
Establishment—
added
Date— Not later than 1 year after the date of enactment of this section, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park.
added
Areas included— The Historical Park shall consist of facilities and areas listed under paragraph (2) as determined by the Secretary, in consultation with the Secretary of Energy. The Secretary shall include the area referred to in paragraph (2)(C)(i), the B Reactor National Historic Landmark, in the Historical Park.
added
Eligible areas— The Historical Park may only be comprised of one or more of the following areas, or portions of the areas, as generally depicted in the map titled “Manhattan Project National Historical Park Sites”, numbered 540/108,834–C, and dated September 2012:
added
Oak ridge, Tennessee— Facilities, land, or interests in land that are—
added
at Buildings 9204–3 and 9731 at the Department of Energy Y–12 National Security Complex;
added
at the X–10 Graphite Reactor at the Department of Energy Oak Ridge National Laboratory;
added
at the K–25 Building site at the Department of Energy East Tennessee Technology Park; and
added
at the former Guest House located at 210 East Madison Road.
added
Los Alamos, New Mexico— Facilities, land, or interests in land that are—
added
in the Los Alamos Scientific Laboratory National Historic Landmark District, or any addition to the Landmark District proposed in the National Historic Landmark Nomination—Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA–UR 12–00387 (January 26, 2012);
added
at the former East Cafeteria located at 1670 Nectar Street; and
added
at the former dormitory located at 1725 17th Street.
added
Hanford, Washington— Facilities, land, or interests in land on the Department of Energy Hanford Nuclear Reservation that are—
added
the B Reactor National Historic Landmark;
added
the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District;
added
the White Bluffs Bank building in the White Bluffs Historic District;
added
the warehouse at the Bruggemann’s Agricultural Complex;
added
the Hanford Irrigation District Pump House; and
added
the T Plant (221–T Process Building).
added
Written consent of owner— No non-Federal property may be included in the Historical Park without the written consent of the owner.
added
Agreement—
added
In general— Not later than 1 year after the date of enactment of this section, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Los Alamos, and Richland site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park under subsection (c)(2), including provisions for enhanced public access, management, interpretation, and historic preservation.
added
Responsibilities of the Secretary— Any agreement under paragraph (1) shall provide that the Secretary shall—
added
have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and
added
ensure that the agreement provides an appropriate advisory role for the National Park Service in preserving the historic resources covered by the agreement.
added
Responsibilities of the secretary of energy— Any agreement under paragraph (1) shall provide that the Secretary of Energy—
added
shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site;
added
may consult with and provide historical information to the Secretary concerning the Manhattan Project;
added
shall retain responsibility, in accordance with applicable law, for any environmental remediation that may be necessary in or around the facilities, land, or interests in land governed by the agreement; and
added
shall retain authority and legal obligations for historic preservation and general maintenance, including to ensure safe access, in connection with the Department’s Manhattan Project resources.
added
Amendments— The agreement under paragraph (1) may be amended, including to add to the Historical Park facilities, land, or interests in land within the eligible areas described in subsection (c)(2) that are under the jurisdiction of the Secretary of Energy.
added
Public participation—
added
In general— The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public—
added
before executing any agreement under subsection (d); and
added
in the development of the general management plan under subsection (f)(2).
added
Notice of determination— Not later than 30 days after the date on which an agreement under subsection (d) is entered into, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map.
added
Availability of map— The official boundary map published under paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service. The map shall be updated to reflect any additions to the Historical Park from eligible areas described in subsection (c)(2).
added
Additions— Any land, interest in land, or facility within the eligible areas described in subsection (c)(2) that is acquired by the Secretary or included in an amendment to the agreement under subsection (d)(4) shall be added to the Historical Park.
added
Administration—
added
In general— The Secretary shall administer the Historical Park in accordance with—
added
this section; and
added
the laws generally applicable to units of the National Park System, including—
added
the National Park System Organic Act (16 U.S.C. 1 et seq.); and
added
the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
added
General management plan— Not later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary, with the concurrence of the Secretary of Energy, and in consultation and collaboration with the Oak Ridge, Los Alamos and Richland Department of Energy site offices, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91–383 (commonly known as the National Park Service General Authorities Act; 16 U.S.C. 1a–7(b)).
added
Interpretive tours— The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park.
added
Land acquisition—
added
In general— The Secretary may acquire land and interests in land within the eligible areas described in subsection (c)(2) by—
added
transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy;
added
donation; or
added
exchange.
added
No use of condemnation— The Secretary may not acquire by condemnation any land or interest in land under this section or for the purposes of this section.
added
Donations; cooperative agreements—
added
Federal facilities—
added
In general— The Secretary may enter into one or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency.
added
Donations; cooperative agreements— The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under clause (i) or to provide visitor services and administrative facilities within reasonable proximity to the Historical Park.
added
Technical assistance— The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park.
added
Donations to department of energy— For the purposes of this section, or for the purpose of preserving and providing access to historically significant Manhattan Project resources, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services).
added
Clarification—
added
No buffer zone created— Nothing in this section, the establishment of the Historical Park, or the management plan for the Historical Park shall be construed to create buffer zones outside of the Historical Park. That an activity can be seen and heard from within the Historical Park shall not preclude the conduct of that activity or use outside the Historical Park.
added
No cause of action— Nothing in this section shall constitute a cause of action with respect to activities outside or adjacent to the established boundary of the Historical Park.
Sec. 3202 Improvements to the Defense Nuclear Facilities Safety Board
Cost-benefit analysis— Subsection (a) of section 315 of the Atomic Energy Act of 1954 (42 U.S.C. 2286d(a)) is amended—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following new paragraph (3):
“(3) The Secretary may request an analysis from the Board regarding the costs and benefits of any draft or final recommendation. If the Secretary requests such an analysis, the Board shall transmit to the Secretary such analysis by not later than 30 days after the date of the request. The Board shall make such analysis available to the public when the associated recommendation is made available to the public under subsection (b) or promptly thereafter. Additionally, if the Secretary requests such an analysis, the Secretary shall conduct an analysis of the costs and benefits of the recommendation and make such analysis available to the public together with the response of the Secretary to the Board under subsection (c).”
changed
Recommendations— Paragraph (5) of section 312(b) of such Act (42. (42 U.S.C. 2286a(b)(5)) is amended to read as follows:
“(5) Recommendations—The Board shall make such recommendations to the Secretary of Energy with respect to Department of Energy defense nuclear facilities, including operations of such facilities, standards, and research needs, as the Board determines are necessary to ensure adequate protection of public health and safety. In making its recommendations, the Board shall—
“(A) use rigorous, quantitative analysis;
“(B) specifically assess risk (whenever sufficient data exists);
“(C) specifically assess the use of various administrative, passive, and engineered controls for implementing the recommended measures; and
“(D) specifically assess the technical and economic feasibility of implementing the recommended measures.”
Sec. 3504 Treatment of funds for intermodal transportation maritime facility, Port of Anchorage, Alaska
addedadded Section 10205 of Public Law 109–59 (119 Stat. 1934) is amended by striking “shall” and inserting “may”.
Sec. 3505 Strategic seaports
added
added
Priority—
added
In general— Under the port infrastructure development program established under section 50302(c) of title 46, United States Code, the Maritime Administrator, in consultation with the Secretary of Defense, may give priority to providing funding to strategic seaports in support of national security requirements.
added
Strategic seaport defined— In this subsection the term “strategic seaport” means a military port or and commercial port that is subject to a port planning order or Basic Ordering Agreement (or both) that is projected to be used for the deployment of forces and shipment of ammunition or sustainment supplies in support of military operations.
added
Financial assistance— Section 50302(c)(2)(D) of title 46, United States Code, is amended by inserting “and financial assistance, including grants,” after “technical assistance”.
Sec. 5001 Short title
addedadded This division may be cited as the “Federal Information Technology Acquisition Reform Act”.
Sec. 5002 Table of contents
addedadded The table of contents for this division is as follows:
Sec. 5003 Definitions
addedadded In this division:
added
Chief acquisition officers council— The term “Chief Acquisition Officers Council” means the Chief Acquisition Officers Council established by section 1311(a) of title 41, United States Code.
added
Chief information officer— The term “Chief Information Officer” means a Chief Information Officer (as designated under section 3506(a)(2) of title 44, United States Code) of an agency listed in section 901(b) of title 31, United States Code.
added
Chief information officers council— The term “Chief Information Officers Council” or “CIO Council” means the Chief Information Officers Council established by section 3603(a) of title 44, United States Code.
added
Director— The term “Director” means the Director of the Office of Management and Budget.
added
Federal agency— The term “Federal agency” means each agency listed in section 901(b) of title 31, United States Code.
added
Federal Chief Information Officer— The term “Federal Chief Information Officer” means the Administrator of the Office of Electronic Government established under section 3602 of title 44, United States Code.
added
Information technology or it— The term “information technology” or “IT” has the meaning provided in section 11101(6) of title 40, United States Code.
added
Relevant congressional committees— The term “relevant congressional committees” means each of the following:
added
The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives.
added
The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate.
Sec. 5101 Increased authority of agency Chief Information Officers over information technology
added
added
Presidential appointment of CIOs of certain agencies—
added
In general— Section 11315 of title 40, United States Code, is amended—
added
by redesignating subsection (a) as subsection (e) and moving such subsection to the end of the section; and
added
by inserting before subsection (b) the following new subsection (a):
added “(a) Presidential appointment or designation of certain chief information officers
added “(1) In general—There shall be within each agency listed in section 901(b)(1) of title 31, other than the Department of Defense, an agency Chief Information Officer. Each agency Chief Information Officer shall—
added “(A)
added “(i) be appointed by the President; or
added “(ii) be designated by the President, in consultation with the head of the agency; and
added “(B) be appointed or designated, as applicable, from among individuals who possess demonstrated ability in general management of, and knowledge of and extensive practical experience in, information technology management practices in large governmental or business entities.
added “(2) Responsibilities—An agency Chief Information Officer appointed or designated under this section shall report directly to the head of the agency and carry out, on a full-time basis, responsibilities as set forth in this section and in section 3506(a) of title 44 for Chief Information Officers designated under paragraph (2) of such section.”
added
Conforming amendment— Section 3506(a)(2)(A) of title 44, United States Code, is amended by inserting after “each agency” the following: “, other than an agency with a Presidentially appointed or designated Chief Information Officer as provided in section 11315(a)(1) of title 40,”.
added
Authority relating to budget and personnel— Section 11315 of title 40, United States Code, is further amended by inserting after subsection (c) the following new subsection:
added “(d) Additional authorities for certain CIOs
added “(1) Budget-related authority
added “(A) Planning—The head of each agency listed in section 901(b)(1) or 901(b)(2) of title 31, other than the Department of Defense, shall ensure that the Chief Information Officer of the agency has the authority to participate in decisions regarding the budget planning process related to information technology or programs that include significant information technology components.
added “(B) Allocation—Amounts appropriated for any agency listed in section 901(b)(1) or 901(b)(2) of title 31, other than the Department of Defense, for any fiscal year that are available for information technology shall be allocated within the agency, consistent with the provisions of appropriations Acts and budget guidelines and recommendations from the Director of the Office of Management and Budget, in such manner as may be specified by, or approved by, the Chief Information Officer of the agency in consultation with the Chief Financial Officer of the agency and budget officials.
added “(2) Personnel-related authority—The head of each agency listed in section 901(b)(1) or 901(b)(2) of title 31, other than the Department of Defense, shall ensure that the Chief Information Officer of the agency has the authority necessary to approve the hiring of personnel who will have information technology responsibilities within the agency and to require that such personnel have the obligation to report to the Chief Information Officer in a manner considered sufficient by the Chief Information Officer.”
added
Single chief information officer in each agency—
added
Requirement— Section 3506(a)(3) of title 44, United States Code, is amended—
added
by inserting “(A)” after “(3)”; and
added
by adding at the end the following new subparagraph:
added “(B) Each agency shall have only one individual with the title and designation of “Chief Information Officer”. Any bureau, office, or subordinate organization within the agency may designate one individual with the title “Deputy Chief Information Officer”, “Associate Chief Information Officer”, or “Assistant Chief Information Officer”.”
added
Effective date— Section 3506(a)(3)(B) of title 44, United States Code, as added by paragraph (1), shall take effect as of October 1, 2014. Any individual serving in a position affected by such section before such date may continue in that position if the requirements of such section are fulfilled with respect to that individual.
Sec. 5102 Lead coordination role of Chief Information Officers Council
added
added
Lead coordination role— Subsection (d) of section 3603 of title 44, United States Code, is amended to read as follows:
added “(d) Lead interagency forum
added “(1) In general—The Council is designated the lead interagency forum for improving agency coordination of practices related to the design, development, modernization, use, operation, sharing, performance, and review of Federal Government information resources investment. As the lead interagency forum, the Council shall develop cross-agency portfolio management practices to allow and encourage the development of cross-agency shared services and shared platforms. The Council shall also issue guidelines and practices for infrastructure and common information technology applications, including expansion of the Federal Enterprise Architecture process if appropriate. The guidelines and practices may address broader transparency, common inputs, common outputs, and outcomes achieved. The guidelines and practices shall be used as a basis for comparing performance across diverse missions and operations in various agencies.
added “(2) Report—Not later than December 1 in each of the 6 years following the date of the enactment of this paragraph, the Council shall submit to the relevant congressional committees a report (to be known as the “CIO Council Report”) summarizing the Council’s activities in the preceding fiscal year and containing such recommendations for further congressional action to fulfill its mission as the Council considers appropriate.
added “(3) Relevant congressional committees—For purposes of the report required by paragraph (2), the relevant congressional committees are each of the following:
added “(A) The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives.
added “(B) The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate.”
added
Additional function— Subsection (f) of section 3603 of such title is amended by adding at the end the following new paragraph:
added “(8) Assist the Administrator in developing and providing guidance for effective operations of the Federal Infrastructure and Common Application Collaboration Center established under section 11501 of title 40.”
added
References to Administrator of E-Government as Federal Chief Information Officer—
added
References— Section 3602(b) of title 44, United States Code, is amended by adding at the end the following: “The Administrator may also be referred to as the Federal Chief Information Officer.”.
added
Definition— Section 3601(1) of such title is amended by inserting “or “Federal Chief Information Officer”” before “means”.
Sec. 5103 Reports by Government Accountability Office
added
added
Requirement to examine effectiveness— The Comptroller General of the United States shall examine the effectiveness of the Chief Information Officers Council in meeting its responsibilities under section 3603(d) of title 44, United States Code, as added by section 5102, with particular focus on—
added
whether agencies are actively participating in the Council and heeding the Council’s advice and guidance; and
added
whether the Council is actively using and developing the capabilities of the Federal Infrastructure and Common Application Collaboration Center created under section 11501 of title 40, United States Code, as added by section 5401.
added
Reports— Not later than 1 year, 3 years, and 5 years after the date of the enactment of this Act, the Comptroller General shall submit to the relevant congressional committees a report containing the findings and recommendations of the Comptroller General from the examination required by subsection (a).
Sec. 5201 Purpose
addedadded The purpose of this title is to optimize Federal data center usage and efficiency.
Sec. 5202 Definitions
addedadded In this title:
added
Federal data center optimization initiative— The term “Federal Data Center Optimization Initiative” or the “Initiative” means the initiative developed and implemented by the Director, through the Federal Chief Information Officer, as required under section 5203.
added
Covered agency— The term “covered agency” means any agency included in the Federal Data Center Optimization Initiative.
added
Data center— The term “data center” means a closet, room, floor, or building for the storage, management, and dissemination of data and information, as defined by the Federal Chief Information Officer under guidance issued pursuant to this section.
added
Federal data center— The term “Federal data center” means any data center of a covered agency used or operated by a covered agency, by a contractor of a covered agency, or by another organization on behalf of a covered agency.
added
Server utilization— The term “server utilization” refers to the activity level of a server relative to its maximum activity level, expressed as a percentage.
added
Power usage effectiveness— The term “power usage effectiveness” means the ratio obtained by dividing the total amount of electricity and other power consumed in running a data center by the power consumed by the information and communications technology in the data center.
Sec. 5203 Federal data center optimization initiative
added
added
Requirement for initiative— The Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and implement an initiative, to be known as the Federal Data Center Optimization Initiative, to optimize the usage and efficiency of Federal data centers by meeting the requirements of this division and taking additional measures, as appropriate.
added
Requirement for plan— Within 6 months after the date of the enactment of this Act, the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and submit to Congress a plan for implementation of the Initiative required by subsection (a) by each covered agency. In developing the plan, the Federal Chief Information Officer shall take into account the findings and recommendations of the Comptroller General review required by section 5205(e).
added
Matters covered— The plan shall include—
added
descriptions of how covered agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multiorganizational use, server virtualization, cloud computing, and other appropriate methods to meet the requirements of the initiative; and
added
appropriate consideration of shifting Federally owned data centers to commercially owned data centers.
Sec. 5204 Performance requirements related to data center consolidation
added
added
Server utilization— Each covered agency may use the following methods to achieve the maximum server utilization possible as determined by the Federal Chief Information Officer:
added
The closing of existing data centers that lack adequate server utilization, as determined by the Federal Chief Information Officer. If the agency fails to close such data centers, the agency shall provide a detailed explanation as to why this data center should remain in use as part of the submitted plan. The Federal Chief Information Officer shall include an assessment of the agency explanation in the annual report to Congress.
added
The consolidation of services within existing data centers to increase server utilization rates.
added
Any other method that the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, determines necessary to optimize server utilization.
added
Power usage effectiveness— Each covered agency may use the following methods to achieve the maximum energy efficiency possible as determined by the Federal Chief Information Officer:
added
The use of the measurement of power usage effectiveness to calculate data center energy efficiency.
added
The use of power meters in data centers to frequently measure power consumption over time.
added
The establishment of power usage effectiveness goals for each data center.
added
The adoption of best practices for managing—
added
temperature and airflow in data centers; and
added
power supply efficiency.
added
The implementation of any other method that the Federal Chief Information Officer, in consultation with the Chief Information Officers of covered agencies, determines necessary to optimize data center energy efficiency.
Sec. 5205 Cost savings related to data center optimization
added
added
Requirement to track costs—
added
In general— Each covered agency shall track costs resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those costs annually to the Federal Chief Information Officer. Covered agencies shall determine the net costs from data consolidation on an annual basis.
added
Factors— In calculating net costs each year under paragraph (1), a covered agency shall use the following factors:
added
Energy costs.
added
Personnel costs.
added
Real estate costs.
added
Capital expense costs.
added
Maintenance and support costs such as operating subsystem, database, hardware, and software license expense costs.
added
Other appropriate costs, as determined by the agency in consultation with the Federal Chief Information Officer.
added
Requirement to track savings—
added
In general— Each covered agency shall track savings resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those savings annually to the Federal Chief Information Officer. Covered agencies shall determine the net savings from data consolidation on an annual basis.
added
Factors— In calculating net savings each year under paragraph (1), a covered agency shall use the following factors:
added
Energy savings.
added
Personnel savings.
added
Real estate savings.
added
Capital expense savings.
added
Maintenance and support savings such as operating subsystem, database, hardware, and software license expense savings.
added
Other appropriate savings, as determined by the agency in consultation with the Federal Chief Information Officer.
added
Requirement to use cost-effective measures— Covered agencies shall use the most cost-effective measures to implement the Federal Data Center Optimization Initiative.
added
Use of savings— Subject to appropriations, any savings resulting from implementation of the Federal Data Center Optimization Initiative within a covered agency shall be used for the following purposes:
added
To offset the costs of implementing the Initiative within the agency.
added
To further enhance information technology capabilities and services within the agency.
added
Government accountability office review— Not later than 3 months after the date of the enactment of this Act, the Comptroller General of the United States shall examine methods for calculating savings from the Initiative and using them for the purposes identified in subsection (d), including establishment and use of a special revolving fund that supports data centers and server optimization, and shall submit to the Federal Chief Information Officer and Congress a report on the Comptroller General’s findings and recommendations.
Sec. 5206 Reporting requirements to Congress and the Federal Chief Information Officer
added
added
Agency requirement to report to CIO— Each year, each covered agency shall submit to the Federal Chief Information Officer a report on the implementation of the Federal Data Center Optimization Initiative, including savings resulting from such implementation. The report shall include an update of the agency’s plan for implementing the Initiative.
added
Federal chief information officer requirement to report to congress— Each year, the Federal Chief Information Officer shall submit to the relevant congressional committees a report that assesses agency progress in carrying out the Federal Data Center Optimization Initiative and updates the plan under section 5203. The report may be included as part of the annual report required under section 3606 of title 44, United States Code.
Sec. 5301 Inventory of information technology assets
added
added
Plan— The Director shall develop a plan for conducting a Governmentwide inventory of information technology assets.
added
Matters covered— The plan required by subsection (a) shall cover the following:
added
The manner in which Federal agencies can achieve the greatest possible economies of scale and cost savings in the procurement of information technology assets, through measures such as reducing hardware or software products or services that are duplicative or overlapping and reducing the procurement of new software licenses until such time as agency needs exceed the number of existing and unused licenses.
added
The capability to conduct ongoing Governmentwide inventories of all existing software licenses on an application-by-application basis, including duplicative, unused, overused, and underused licenses, and to assess the need of agencies for software licenses.
added
A Governmentwide spending analysis to provide knowledge about how much is being spent for software products or services to support decisions for strategic sourcing under the Federal strategic sourcing program managed by the Office of Federal Procurement Policy.
added
Other inventories— In developing the plan required by subsection (a), the Director shall review the inventory of information systems maintained by each agency under section 3505(c) of title 44, United States Code, and the inventory of information resources maintained by each agency under section 3506(b)(4) of such title.
added
Availability— The inventory of information technology assets shall be available to Chief Information Officers and such other Federal officials as the Chief Information Officers may, in consultation with the Chief Information Officers Council, designate.
added
Deadline and submission to congress— Not later than 180 days after the date of the enactment of this Act, the Director shall complete and submit to Congress the plan required by subsection (a).
added
Implementation— Not later than two years after the date of the enactment of this Act, the Director shall complete implementation of the plan required by subsection (a).
added
Review by comptroller general— Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall review the plan required by subsection (a) and submit to the relevant congressional committees a report on the review.
Sec. 5302 Website consolidation and transparency
added
added
Website consolidation— The Director shall—
added
in consultation with Federal agencies, and after reviewing the directory of public Federal Government websites of each agency (as required to be established and updated under section 207(f)(3) of the E-Government Act of 2002 (Public Law 107–347; 44 U.S.C. 3501 note)), assess all the publicly available websites of Federal agencies to determine whether there are duplicative or overlapping websites; and
added
require Federal agencies to eliminate or consolidate those websites that are duplicative or overlapping.
added
Website transparency— The Director shall issue guidance to Federal agencies to ensure that the data on publicly available websites of the agencies are open and accessible to the public.
added
Matters covered— In preparing the guidance required by subsection (b), the Director shall—
added
develop guidelines, standards, and best practices for interoperability and transparency;
added
identify interfaces that provide for shared, open solutions on the publicly available websites of the agencies; and
added
ensure that Federal agency Internet home pages, web-based forms, and web-based applications are accessible to individuals with disabilities in conformance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
added
Deadline for guidance— The guidance required by subsection (b) shall be issued not later than 180 days after the date of the enactment of this Act.
Sec. 5303 Transition to the cloud
added
added
Sense of congress— It is the sense of Congress that transition to cloud computing offers significant potential benefits for the implementation of Federal information technology projects in terms of flexibility, cost, and operational benefits.
added
Governmentwide application— In assessing cloud computing opportunities, the Chief Information Officers Council shall define policies and guidelines for the adoption of Governmentwide programs providing for a standardized approach to security assessment and operational authorization for cloud products and services.
added
Additional budget authorities for transition— In transitioning to the cloud, a Chief Information Officer of an agency listed in section 901(b) of title 31, United States Code, may establish such cloud service Working Capital Funds, in consultation with the Chief Financial Officer of the agency, as may be necessary to transition to cloud-based solutions. Notwithstanding any other provision of law, such cloud service Working Capital Funds may preserve funding for cloud service transitions for a period not to exceed 5 years per appropriation. Any establishment of a new Working Capital Fund under this subsection shall be reported to the Committees on Appropriations of the House of Representatives and the Senate and relevant Congressional committees.
Sec. 5304 Elimination of unnecessary duplication of contracts by requiring business case analysis
added
added
Purpose— The purpose of this section is to leverage the Government’s buying power and achieve administrative efficiencies and cost savings by eliminating unnecessary duplication of contracts.
added
Requirement for business case approval—
added
In general— Effective on and after 180 days after the date of the enactment of this Act, an executive agency may not issue a solicitation for a covered contract vehicle unless the agency performs a business case analysis for the contract vehicle and obtains an approval of the business case analysis from the Administrator for Federal Procurement Policy.
added
Review of business case analysis—
added
In general— With respect to any covered contract vehicle, the Administrator for Federal Procurement Policy shall review the business case analysis submitted for the contract vehicle and provide an approval or disapproval within 60 days after the date of submission. Any business case analysis not disapproved within such 60-day period is deemed to be approved.
added
Basis for approval of business case— The Administrator for Federal Procurement Policy shall approve or disapprove a business case analysis based on the adequacy of the analysis submitted. The Administrator shall give primary consideration to whether an agency has demonstrated a compelling need that cannot be satisfied by existing Governmentwide contract vehicles in a timely and cost-effective manner.
added
Content of business case analysis— The Administrator for Federal Procurement Policy shall issue guidance specifying the content for a business case analysis submitted pursuant to this section. At a minimum, the business case analysis shall include details on the administrative resources needed for such contract vehicle, including an analysis of all direct and indirect costs to the Federal Government of awarding and administering such contract vehicle and the impact such contract vehicle will have on the ability of the Federal Government to leverage its purchasing power.
added
Definitions—
added
Covered contract vehicle— The term “covered contract vehicle” has the meaning provided by the Administrator for Federal Procurement Policy in guidance issued pursuant to this section and includes, at a minimum, any Governmentwide contract vehicle , whether for acquisition of information technology or other goods or services, in an amount greater than $50,000,000 (or $10,000,000, determined on an average annual basis, in the case of such a contract vehicle performed over more than one year). The term does not include a multiple award schedule contract awarded by the General Services Administration, a Governmentwide acquisition contract for information technology awarded pursuant to sections 11302(e) and 11314(a)(2) of title 40, United States Code, or orders against existing Governmentwide contract vehicles.
added
Governmentwide contract vehicle and executive agency— The terms “Governmentwide contract vehicle” and “executive agency” have the meanings provided in section 11501 of title 40, United States Code, as added by section 5401.
added
Report— Not later than June 1 in each of the next 6 years following the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall submit to the relevant congressional committees a report on the implementation of this section, including a summary of the submissions, reviews, approvals, and disapprovals of business case analyses pursuant to this section.
added
Guidance— The Administrator for Federal Procurement Policy shall issue guidance for implementing this section.
added
Revision of far— Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to implement this section.
Sec. 5401 Establishment of Federal infrastructure and common application collaboration center
added
added
Establishment—
added
In general— Chapter 115 of title 40, United States Code, is amended to read as follows:
added “115 Information Technology Acquisition Management Practices
added “11501. Federal infrastructure and common application collaboration center
added “(a) Establishment and purposes—The Director of the Office of Management and Budget shall establish a Federal Infrastructure and Common Application Collaboration Center (hereafter in this section referred to as the “Collaboration Center”) within the Office of Electronic Government established under section 3602 of title 44 in accordance with this section. The purposes of the Collaboration Center are to serve as a focal point for coordinated program management practices and to develop and maintain requirements for the acquisition of IT infrastructure and common applications commonly used by various Federal agencies.
added “(b) Organization of center
added “(1) Membership—The Center shall consist of the following members:
added “(A) An appropriate number, as determined by the CIO Council, but not less than 12, full-time program managers or cost specialists, all of whom have appropriate experience in the private or Government sector in managing or overseeing acquisitions of IT infrastructure and common applications.
added “(B) At least 1 full-time detailee from each of the Federal agencies listed in section 901(b) of title 31, nominated by the respective agency chief information officer for a detail period of not less than 2 years.
added “(2) Working groups—The Collaboration Center shall have working groups that specialize in IT infrastructure and common applications identified by the CIO Council. Each working group shall be headed by a separate dedicated program manager appointed by the Federal Chief Information Officer.
added “(c) Capabilities and functions of the collaboration center—For each of the IT infrastructure and common application areas identified by the CIO Council, the Collaboration Center shall perform the following roles, and any other functions as directed by the Federal Chief Information Officer:
added “(1) Develop, maintain, and disseminate requirements suitable to establish contracts that will meet the common and general needs of various Federal agencies as determined by the Center. In doing so, the Center shall give maximum consideration to the adoption of commercial standards and industry acquisition best practices, including opportunities for shared services, consideration of total cost of ownership, preference for industry-neutral functional specifications leveraging open industry standards and competition, and use of long-term contracts, as appropriate.
added “(2) Develop, maintain, and disseminate reliable cost estimates that are accurate, comprehensive, well-documented, and credible.
added “(3) Lead the review of significant or troubled IT investments or acquisitions as identified by the CIO Council.
added “(4) Provide expert aid to troubled IT investments or acquisitions.
added “(d) Guidance—The Director, in consultation with the Chief Information Officers Council, shall issue guidance addressing the scope and operation of the Collaboration Center. The guidance shall require that the Collaboration Center report to the Federal Chief Information Officer.
added “(e) Report to congress
added “(1) In general—The Director shall annually submit to the relevant congressional committees a report detailing the organization, staff, and activities of the Collaboration Center, including—
added “(A) a list of IT infrastructure and common applications the Center assisted;
added “(B) an assessment of the Center’s achievement in promoting efficiency, shared services, and elimination of unnecessary Government requirements that are contrary to commercial best practices; and
added “(C) the use and expenditure of amounts in the Fund established under subsection (i).
added “(2) Inclusion in other report—The report may be included as part of the annual E-Government status report required under section 3606 of title 44.
added “(f) Improvement of the governmentwide software purchasing program
added “(1) In general—The Collaboration Center, in collaboration with the Office of Federal Procurement Policy, the Department of Defense, and the General Services Administration, shall identify and develop a strategic sourcing initiative to enhance Governmentwide acquisition, shared use, and dissemination of software, as well as compliance with end user license agreements.
added “(2) Examination of methods—In developing the initiative under paragraph (1), the Collaboration Center shall examine the use of realistic and effective demand aggregation models supported by actual agency commitment to use the models, and supplier relationship management practices, to more effectively govern the Government’s acquisition of information technology.
added “(3) Governmentwide user license agreement—The Collaboration Center, in developing the initiative under paragraph (1), shall allow for the purchase of a license agreement that is available for use by all executive agencies as one user to the maximum extent practicable and as appropriate.
added “(g) Guidelines for acquisition of it infrastructure and common applications
added “(1) Guidelines—The Collaboration Center shall establish guidelines that, to the maximum extent possible, eliminate inconsistent practices among executive agencies and ensure uniformity and consistency in acquisition processes for IT infrastructure and common applications across the Federal Government.
added “(2) Central website—In preparing the guidelines, the Collaboration Center, in consultation with the Chief Acquisition Officers Council, shall offer executive agencies the option of accessing a central website for best practices, templates, and other relevant information.
added “(h) Pricing transparency—The Collaboration Center, in collaboration with the Office of Federal Procurement Policy, the Chief Acquisition Officers Council, the General Services Administration, and the Assisted Acquisition Centers of Excellence, shall compile a price list and catalogue containing current pricing information by vendor for each of its IT infrastructure and common applications categories. The price catalogue shall contain any price provided by a vendor for the same or similar good or service to any executive agency. The catalogue shall be developed in a fashion ensuring that it may be used for pricing comparisons and pricing analysis using standard data formats. The price catalogue shall not be made public, but shall be accessible to executive agencies.
added “(i) Federal it acquisition management improvement fund
added “(1) Establishment and management of fund—There is a Federal IT Acquisition Management Improvement Fund (in this subsection referred to as the “Fund”). The Administrator of General Services shall manage the Fund through the Collaboration Center to support the activities of the Collaboration Center carried out pursuant to this section. The Administrator of General Services shall consult with the Director in managing the Fund.
added “(2) Credits to fund—Five percent of the fees collected by executive agencies under the following contracts shall be credited to the Fund:
added “(A) Governmentwide task and delivery order contracts entered into under sections 4103 and 4105 of title 41.
added “(B) Governmentwide contracts for the acquisition of information technology and multiagency acquisition contracts for that technology authorized by section 11314 of this title.
added “(C) Multiple-award schedule contracts entered into by the Administrator of General Services.
added “(3) Remittance by head of executive agency—The head of an executive agency that administers a contract described in paragraph (2) shall remit to the General Services Administration the amount required to be credited to the Fund with respect to the contract at the end of each quarter of the fiscal year.
added “(4) Amounts not to be used for other purposes—The Administrator of General Services, through the Office of Management and Budget, shall ensure that amounts collected under this subsection are not used for a purpose other than the activities of the Collaboration Center carried out pursuant to this section.
added “(5) Availability of amounts—Amounts credited to the Fund remain available to be expended only in the fiscal year for which they are credited and the 4 succeeding fiscal years.
added “(j) Definitions—In this section:
added “(1) Executive agency—The term “executive agency” has the meaning provided that term by section 105 of title 5.
added “(2) Federal Chief Information Officer—The term “Federal Chief Information Officer” means the Administrator of the Office of Electronic Government established under section 3602 of title 44.
added “(3) Governmentwide contract vehicle—The term “Governmentwide contract vehicle” means any contract, blanket purchase agreement, or other contractual instrument that allows for an indefinite number of orders to be placed within the contract, agreement, or instrument, and that is established by one executive agency for use by multiple executive agencies to obtain supplies and services.
added “(4) Relevant congressional committees—The term “relevant congressional committees” means each of the following:
added “(A) The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives.
added “(B) The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate.
added “(k) Revision of far—The Federal Acquisition Regulation shall be amended to implement this section.”
added
Clerical amendment— The item relating to chapter 115 in the table of chapters at the beginning of subtitle III of title 40, United States Code, is amended to read as follows:
added
Deadlines—
added
Not later than 180 days after the date of the enactment of this Act, the Director shall issue guidance under section 11501(d) of title 40, United States Code, as added by subsection (a).
added
Not later than 1 year after the date of the enactment of this Act, the Director shall establish the Federal Infrastructure and Common Application Collaboration Center, in accordance with section 11501(a) of such title, as so added.
added
Not later than 2 years after the date of the enactment of this Act, the Federal Infrastructure and Common Application Collaboration Center shall—
added
identify and develop a strategic sourcing initiative in accordance with section 11501(f) of such title, as so added; and
added
establish guidelines in accordance with section 11501(g) of such title, as so added.
added
Conforming amendment— Section 3602(c) of title 44, United States Code, is amended—
added
by striking “and” at the end of paragraph (2);
added
by redesignating paragraph (3) as paragraph (4); and
added
by inserting after paragraph (2) the following new paragraph (3):
added “(3) all of the functions of the Federal Infrastructure and Common Application Collaboration Center, as required under section 11501 of title 40; and”
Sec. 5402 Designation of Assisted Acquisition Centers of Excellence
added
added
Designation— Chapter 115 of title 40, United States Code, as amended by section 5401, is further amended by adding at the end the following new section:
added “11502. Assisted Acquisition Centers of Excellence
added “(a) Purpose—The purpose of this section is to develop specialized assisted acquisition centers of excellence within the Federal Government to promote—
added “(1) the effective use of best acquisition practices;
added “(2) the development of specialized expertise in the acquisition of information technology; and
added “(3) Governmentwide sharing of acquisition capability to augment any shortage in the information technology acquisition workforce.
added “(b) Designation of AACEs—Not later than 1 year after the date of the enactment of this section, and every 3 years thereafter, the Director of the Office of Management and Budget, in consultation with the Chief Acquisition Officers Council and the Chief Information Officers Council, shall designate, redesignate, or withdraw the designation of acquisition centers of excellence within various executive agencies to carry out the functions set forth in subsection (c) in an area of specialized acquisition expertise as determined by the Director. Each such center of excellence shall be known as an “Assisted Acquisition Center of Excellence” or an “AACE”.
added “(c) Functions—The functions of each AACE are as follows:
added “(1) Best practices—To promote, develop, and implement the use of best acquisition practices in the area of specialized acquisition expertise that the AACE is designated to carry out by the Director under subsection (b).
added “(2) Assisted acquisitions—To assist all Government agencies in the expedient and low-cost acquisition of the information technology goods or services covered by such area of specialized acquisition expertise by engaging in repeated and frequent acquisition of similar information technology requirements.
added “(3) Development and training of it acquisition workforce—To assist in recruiting and training IT acquisition cadres (referred to in section 1704(j) of title 41).
added “(d) Criteria—In designating, redesignating, or withdrawing the designation of an AACE, the Director shall consider, at a minimum, the following matters:
added “(1) The subject matter expertise of the host agency in a specific area of information technology acquisition.
added “(2) For acquisitions of IT infrastructure and common applications covered by the Federal Infrastructure and Common Application Collaboration Center established under section 11501 of this title, the ability and willingness to collaborate with the Collaboration Center and adhere to the requirements standards established by the Collaboration Center.
added “(3) The ability of an AACE to develop customized requirements documents that meet the needs of executive agencies as well as the current industry standards and commercial best practices.
added “(4) The ability of an AACE to consistently award and manage various contracts, task or delivery orders, and other acquisition arrangements in a timely, cost-effective, and compliant manner.
added “(5) The ability of an AACE to aggregate demands from multiple executive agencies for similar information technology goods or services and fulfill those demands in one acquisition.
added “(6) The ability of an AACE to acquire innovative or emerging commercial and noncommercial technologies using various contracting methods, including ways to lower the entry barriers for small businesses with limited Government contracting experiences.
added “(7) The ability of an AACE to maximize commercial item acquisition, effectively manage high-risk contract types, increase competition, promote small business participation, and maximize use of available Governmentwide contract vehicles.
added “(8) The existence of an in-house cost estimating group with expertise to consistently develop reliable cost estimates that are accurate, comprehensive, well-documented, and credible.
added “(9) The ability of an AACE to employ best practices and educate requesting agencies, to the maximum extent practicable, regarding critical factors underlying successful major IT acquisitions, including the following factors:
added “(A) Active engagement by program officials with stakeholders.
added “(B) Possession by program staff of the necessary knowledge and skills.
added “(C) Support of the programs by senior department and agency executives.
added “(D) Involvement by end users and stakeholders in the development of requirements.
added “(E) Participation by end users in testing of system functionality prior to formal end user acceptance testing.
added “(F) Stability and consistency of Government and contractor staff.
added “(G) Prioritization of requirements by program staff.
added “(H) Maintenance of regular communication with the prime contractor by program officials.
added “(I) Receipt of sufficient funding by programs.
added “(10) The ability of an AACE to run an effective acquisition intern program in collaboration with the Federal Acquisition Institute or the Defense Acquisition University.
added “(11) The ability of an AACE to effectively and properly manage fees received for assisted acquisitions pursuant to this section.
added “(e) Funds received by AACEs
added “(1) Availability—Notwithstanding any other provision of law or regulation, funds obligated and transferred from an executive agency in a fiscal year to an AACE for the acquisition of goods or services covered by an area of specialized acquisition expertise of an AACE, regardless of whether the requirements are severable or non-severable, shall remain available for awards of contracts by the AACE for the same general requirements for the next 5 fiscal years following the fiscal year in which the funds were transferred.
added “(2) Transition to new aace—If the AACE to which the funds are provided under paragraph (1) becomes unable to fulfill the requirements of the executive agency from which the funds were provided, the funds may be provided to a different AACE to fulfill such requirements. The funds so provided shall be used for the same purpose and remain available for the same period of time as applied when provided to the original AACE.
added “(3) Relationship to existing authorities—This subsection does not limit any existing authorities an AACE may have under its revolving or working capital funds authorities.
added “(f) Government accountability office review of AACE
added “(1) Review—The Comptroller General of the United States shall review and assess—
added “(A) the use and management of fees received by the AACEs pursuant to this section to ensure that an appropriate fee structure is established and enforced to cover activities addressed in this section and that no excess fees are charged or retained; and
added “(B) the effectiveness of the AACEs in achieving the purpose described in subsection (a), including review of contracts.
added “(2) Reports—Not later than 1 year after the designation or redesignation of AACES under subsection (b), the Comptroller General shall submit to the relevant congressional committees a report containing the findings and assessment under paragraph (1).
added “(g) Definitions—In this section:
added “(1) Assisted acquisition—The term “assisted acquisition” means a type of interagency acquisition in which the parties enter into an interagency agreement pursuant to which—
added “(A) the servicing agency performs acquisition activities on the requesting agency’s behalf, such as awarding, administering, or closing out a contract, task order, delivery order, or blanket purchase agreement; and
added “(B) funding is provided through a franchise fund, the Acquisition Services Fund in section 321 of this title, sections 1535 and 1536 of title 31, or other available methods.
added “(2) Executive agency—The term “executive agency” has the meaning provided that term by section 133 of title 41.
added “(3) Relevant congressional committees—The term “relevant congressional committees” has the meaning provided that term by section 11501 of this title.
added “(h) Revision of far—The Federal Acquisition Regulation shall be amended to implement this section.”
added
Clerical amendment— The table of sections at the beginning of chapter 115 of title 40, United States Code, as amended by section 5401, is further amended by adding at the end the following new item:
Sec. 5411 Expansion of training and use of information technology acquisition cadres
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Purpose— The purpose of this section is to ensure timely progress by Federal agencies toward developing, strengthening, and deploying personnel with highly specialized skills in information technology acquisition, including program and project managers, to be known as information technology acquisition cadres.
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Report to congress— Section 1704 of title 41, United States Code, is amended by adding at the end the following new subsection:
added “(j) Strategic plan on information technology acquisition cadres
added “(1) Five-year strategic plan to congress—Not later than June 1 following the date of the enactment of this subsection, the Director shall submit to the relevant congressional committees a 5-year strategic plan (to be known as the “IT Acquisition Cadres Strategic Plan”) to develop, strengthen, and solidify information technology acquisition cadres. The plan shall include a timeline for implementation of the plan and identification of individuals responsible for specific elements of the plan during the 5-year period covered by the plan.
added “(2) Matters covered—The plan shall address, at a minimum, the following matters:
added “(A) Current information technology acquisition staffing challenges in Federal agencies, by previous year’s information technology acquisition value, and by the Federal Government as a whole.
added “(B) The variety and complexity of information technology acquisitions conducted by each Federal agency covered by the plan, and the specialized information technology acquisition workforce needed to effectively carry out such acquisitions.
added “(C) The development of a sustainable funding model to support efforts to hire, retain, and train an information technology acquisition cadre of appropriate size and skill to effectively carry out the acquisition programs of the Federal agencies covered by the plan, including an examination of interagency funding methods and a discussion of how the model of the Defense Acquisition Workforce Development Fund could be applied to civilian agencies.
added “(D) Any strategic human capital planning necessary to hire, retain, and train an information acquisition cadre of appropriate size and skill at each Federal agency covered by the plan.
added “(E) Governmentwide training standards and certification requirements necessary to enhance the mobility and career opportunities of the Federal information technology acquisition cadre within the Federal agencies covered by the plan.
added “(F) New and innovative approaches to workforce development and training, including cross-functional training, rotational development, and assignments both within and outside the Government.
added “(G) Appropriate consideration and alignment with the needs and priorities of the Infrastructure and Common Application Collaboration Center, Assisted Acquisition Centers of Excellence, and acquisition intern programs.
added “(H) Assessment of the current workforce competency and usage trends in evaluation technique to obtain best value, including proper handling of tradeoffs between price and nonprice factors.
added “(I) Assessment of the current workforce competency in designing and aligning performance goals, life cycle costs, and contract incentives.
added “(J) Assessment of the current workforce competency in avoiding brand-name preference and using industry-neutral functional specifications to leverage open industry standards and competition.
added “(K) Use of integrated program teams, including fully dedicated program managers, for each complex information technology investment.
added “(L) Proper assignment of recognition or accountability to the members of an integrated program team for both individual functional goals and overall program success or failure.
added “(M) The development of a technology fellows program that includes provisions for recruiting, for rotation of assignments, and for partnering directly with universities with well-recognized information technology programs.
added “(N) The capability to properly manage other transaction authority (where such authority is granted), including ensuring that the use of the authority is warranted due to unique technical challenges, rapid adoption of innovative or emerging commercial or noncommercial technologies, or other circumstances that cannot readily be satisfied using a contract, grant, or cooperative agreement in accordance with applicable law and the Federal Acquisition Regulation.
added “(O) The use of student internship and scholarship programs as a talent pool for permanent hires and the use and impact of special hiring authorities and flexibilities to recruit diverse candidates.
added “(P) The assessment of hiring manager satisfaction with the hiring process and hiring outcomes, including satisfaction with the quality of applicants interviewed and hires made.
added “(Q) The assessment of applicant satisfaction with the hiring process, including the clarity of the hiring announcement, the user-friendliness of the application process, communication from the hiring manager or agency regarding application status, and timeliness of the hiring decision.
added “(R) The assessment of new hire satisfaction with the onboarding process, including the orientation process, and investment in training and development for employees during their first year of employment.
added “(S) Any other matters the Director considers appropriate.
added “(3) Annual report—Not later than June 1 in each of the 5 years following the year of submission of the plan required by paragraph (1), the Director shall submit to the relevant congressional committees an annual report outlining the progress made pursuant to the plan.
added “(4) Government accountability office review of the plan and annual report
added “(A) Not later than 1 year after the submission of the plan required by paragraph (1), the Comptroller General of the United States shall review the plan and submit to the relevant congressional committees a report on the review.
added “(B) Not later than 6 months after the submission of the first, third, and fifth annual report required under paragraph (3), the Comptroller General shall independently assess the findings of the annual report and brief the relevant congressional committees on the Comptroller General’s findings and recommendations to ensure the objectives of the plan are accomplished.
added “(5) Definitions—In this subsection:
added “(A) The term “Federal agency” means each agency listed in section 901(b) of title 31.
added “(B) The term “relevant congressional committees” means each of the following:
added “(i) The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives.
added “(ii) The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate.”
Sec. 5412 Plan on strengthening program and project management performance
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Plan on strengthening program and project management performance— Not later than June 1 following the date of the enactment of this Act, the Director, in consultation with the Director of the Office of Personnel Management, shall submit to the relevant congressional committees a plan for improving management of IT programs and projects.
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Matters covered— The plan required by subsection (a) shall include, at a minimum, the following:
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Creation of a specialized career path for program management.
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The development of a competency model for program management consistent with the IT project manager model.
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A career advancement model that requires appropriate expertise and experience for advancement.
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A career advancement model that is more competitive with the private sector and that recognizes both Government and private sector experience.
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Appropriate consideration and alignment with the needs and priorities of the Infrastructure and Common Application Collaboration Center, the Assisted Acquisition Centers of Excellence, and acquisition intern programs.
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Combination with other cadres plan— The Director may combine the plan required by subsection (a) with the IT Acquisition Cadres Strategic Plan required under section 1704(j) of title 41, United States Code, as added by section 411.
Sec. 5413 Personnel awards for excellence in the acquisition of information systems and information technology
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In general— Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall develop policy and guidance for agencies to develop a program to recognize excellent performance by Federal Government employees and teams of such employees in the acquisition of information systems and information technology for the agency.
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Elements— The program referred to in subsection (a) shall, to the extent practicable—
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obtain objective outcome measures; and
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include procedures for—
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the nomination of Federal Government employees and teams of such employees for eligibility for recognition under the program; and
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the evaluation of nominations for recognition under the program by 1 or more agency panels of individuals from Government, academia, and the private sector who have such expertise, and are appointed in such a manner, as the Director of the Office of Personal Management shall establish for purposes of the program.
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Award of cash bonuses and other incentives— In carrying out the program referred to in subsection (a), the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget, shall establish policies and guidance for agencies to reward any Federal Government employee or teams of such employees recognized pursuant to the program—
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with a cash bonus, to the extent that the performance of such individual or team warrants the award of such bonus and is authorized by any provision of law;
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through promotions and other nonmonetary awards;
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by publicizing—
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acquisition accomplishments by individual employees; and
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the tangible end benefits that resulted from such accomplishments, as appropriate; and
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through other awards, incentives, or bonuses that the head of the agency considers appropriate.
Sec. 5501 Maximizing the benefit of the Federal Strategic Sourcing Initiative
addedadded Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall prescribe regulations providing that when the Federal Government makes a purchase of services and supplies offered under the Federal Strategic Sourcing Initiative (managed by the Office of Federal Procurement Policy) but such Initiative is not used, the contract file for the purchase shall include a brief analysis of the comparative value, including price and nonprice factors, between the services and supplies offered under such Initiative and services and supplies offered under the source or sources used for the purchase.
Sec. 5502 Promoting transparency of blanket purchase agreements
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Price information to be treated as public information— The final negotiated price offered by an awardee of a blanket purchase agreement shall be treated as public information.
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Publication of blanket purchase agreement information— Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall make available to the public a list of all blanket purchase agreements entered into by Federal agencies under its Federal Supply Schedules contracts and the prices associated with those blanket purchase agreements. The list and price information shall be updated at least once every 6 months.
Sec. 5503 Additional source selection technique in solicitations
addedadded Section 3306(d) of title 41, United States Code, is amended—
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by striking “or” at the end of paragraph (1);
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by striking the period and inserting “; or” at the end of paragraph (2); and
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by adding at the end the following new paragraph:
added “(3) stating in the solicitation that the award will be made using a fixed price technical competition, under which all offerors compete solely on nonprice factors and the fixed award price is pre-announced in the solicitation.”
Sec. 5504 Enhanced transparency in information technology investments
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Public availability of information about it investments— Section 11302(c) of title 40, United States Code, is amended—
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by redesignating paragraph (2) as paragraph (3); and
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by inserting after paragraph (1) the following new paragraph:
added “(2) Public availability
added “(A) In general—The Director shall make available to the public the cost, schedule, and performance data for at least 80 percent (by dollar value) of all information technology investments Governmentwide, and 60 percent (by dollar value) of all information technology investments in each Federal agency listed in section 901(b) of title 31, notwithstanding whether the investments are for new IT acquisitions or for operations and maintenance of existing IT. The Director shall ensure that the information is current, accurate, and reflects the risks associated with each covered information technology investment.
added “(B) Waiver or limitation authority—The applicability of subparagraph (A) may be waived or the extent of the information may be limited—
added “(i) by the Director, with respect to IT investments Governmentwide; and
added “(ii) by the Chief Information Officer of a Federal agency, with respect to IT investments in that agency;”
added
Additional report requirements— Paragraph (3) of section 11302(c) of such title, as redesignated by subsection (a), is amended by adding at the end the following: “The report shall include an analysis of agency trends reflected in the performance risk information required in paragraph (2).”.
Sec. 5505 Enhanced communication between Government and industry
addedadded Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe a regulation making clear that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms.
Sec. 5506 Clarification of current law with respect to technology neutrality in acquisition of software
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Purpose— The purpose of this section is to establish guidance and processes to clarify that software acquisitions by the Federal Government are to be made using merit-based requirements development and evaluation processes that promote procurement choices—
added
based on performance and value, including the long-term value proposition to the Federal Government;
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free of preconceived preferences based on how technology is developed, licensed, or distributed; and
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generally including the consideration of proprietary, open source, and mixed source software technologies.
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Technology neutrality— Nothing in this section shall be construed to modify the Federal Government’s long-standing policy of following technology-neutral principles and practices when selecting and acquiring information technology that best fits the needs of the Federal Government.
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Guidance— Not later than 180 days after the date of the enactment of this Act, the Director, in consultation with the Chief Information Officers Council, shall issue guidance concerning the technology-neutral procurement and use of software within the Federal Government.
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Matters covered— In issuing guidance under subsection (c), the Director shall include, at a minimum, the following:
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Guidance to clarify that the preference for commercial items in section 3307 of title 41, United States Code, includes proprietary, open source, and mixed source software that meets the definition of the term “commercial item” in section 103 of title 41, United States Code, including all such software that is used for non-Government purposes and is licensed to the public.
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Guidance regarding the conduct of market research to ensure the inclusion of proprietary, open source, and mixed source software options.
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Guidance to define Governmentwide standards for security, redistribution, indemnity, and copyright in the acquisition, use, release, and collaborative development of proprietary, open source, and mixed source software.
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Guidance for the adoption of available commercial practices to acquire proprietary, open source, and mixed source software for widespread Government use, including issues such as security and redistribution rights.
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Guidance to establish standard service level agreements for maintenance and support for proprietary, open source, and mixed source software products widely adopted by the Government, as well as the development of Governmentwide agreements that contain standard and widely applicable contract provisions for ongoing maintenance and development of software.
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Guidance on the role and use of the Federal Infrastructure and Common Application Collaboration Center, established pursuant to section 11501 of title 40, United States Code (as added by section 5401), for acquisition of proprietary, open source, and mixed source software.
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Report to congress— Not later than 2 years after the issuance of the guidance required by subsection (b), the Comptroller General of the United States shall submit to the relevant congressional committees a report containing—
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an assessment of the effectiveness of the guidance;
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an identification of barriers to widespread use by the Federal Government of specific software technologies; and
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such legislative recommendations as the Comptroller General considers appropriate to further the purposes of this section.