---
kind: "diff"
citation: "H.R. 1960"
bill: "113-hr-1960"
heading: "National Defense Authorization Act for Fiscal Year 2014"
from: "ih"
from_label: "Introduced in House"
to: "rh"
to_label: "Reported in House"
sections_amended: 84
sections_added: 394
sections_removed: 24
url: "https://uscodex.org/bills/113/hr/1960/changes/rh"
---
# H.R. 1960 — what changed
H.R. 1960, National Defense Authorization Act for Fiscal Year 2014 — 84 sections amended, 394 added, and 24 removed between Introduced in House and Reported in House.
Edits are marked `struck` and `inserted`.
## Sec. 2 Organization of Act into divisions; table of contents
- (a) Divisions— This Act is organized into two four divisions as follows:
- (1) Division A—Department of Defense Authorizations.
- (2) Division B—Military Construction Authorizations.
- (3) Division C—Department of Energy National Security Authorizations and Other Authorizations.
- (4) Division D—Funding Tables.
- (b) Table of contents— The table of contents for this Act is as follows:
## Sec. 3 Congressional defense committees — added
- In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
## Sec. 101 Authorization of appropriations
- Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Army Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as follows:specified in the funding table in section 4101.
- (1) For aircraft, $5,024,387,000.
- (2) For missiles, $1,334,083,000.
- (3) For weapons and tracked combat vehicles, $1,597,267,000.
- (4) For ammunition, $1,540,437,000.
- (5) For other procurement, $6,465,218,000.
## Sec. 102 Navy and Marine Corps — removed
- (a) Fiscal year 2014— Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Navy and Marine Corps as follows:
- (1) For aircraft, $17,927,651,000.
- (2) For weapons, including missiles and torpedoes, $3,122,193,000.
- (3) For shipbuilding and conversion, $14,077,804,000.
- (4) For other procurement, $6,310,257,000.
- (5) For procurement, Marine Corps, $1,343,511,000.
- (6) For ammunition procurement, Navy and Marine Corps, $589,267,000.
- (b) Authorization of advance appropriations— Funds are hereby authorized to be appropriated for fiscal year 2015 in the amount of $952,739,000 for Shipbuilding and Conversion, Navy, for procurement of a Virginia class submarine.
## Sec. 103 Air Force — removed
- Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Air Force as follows:
- (1) For aircraft, $11,398,901,000.
- (2) For ammunition, $759,442,000.
- (3) For missiles, $5,343,286,000.
- (4) For other procurement, $16,760,581,000.
## Sec. 104 Defense-wide activities — removed
- Funds are hereby authorized to be appropriated for fiscal year 2014 for Defense-wide procurement in the amount of $4,534,083,000.
## Sec. 105 Defense Production Act purchases — removed
- Funds are hereby authorized to be appropriated for fiscal year 2014 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $25,135,000.
## Sec. 111 Limitation on availability of funds for Stryker vehicle program
- (a) Authority for multiyear procurement—Limitation— Subject to section 2306b of title 10, United States Code, the Secretary of Of the Navy may enter into a multiyear contract funds authorized to be appropriated by this Act or contracts, beginning with the otherwise made available for fiscal year 2014 program year, for weapons and tracked combat vehicles, Army, for the procurement or upgrade of E–2D aircraft for Stryker vehicles, not more than 75 percent may be obligated or expended until a period of 15 days has elapsed following the Department date on which the Secretary of the Navy.Army submits the report under subsection (b).
- (b) Condition for out-Year contract payments—Report required— A contract entered into under subsection (a) shall provide that any obligation The Secretary of the United States Army shall submit to make a payment under the contract for congressional defense committees a fiscal year after fiscal year 2014 is subject to report on the availability status of appropriations for that purpose for such later fiscal year.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) dated November 30, 2012. The report submitted under this subsection shall include the following:
- (1) The status of the implementation by the Secretary of the recommendations specified on pages 30 to 34 of the report by the Inspector General.
- (2) 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.
- (3) 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.
- (4) A cost estimate of the monthly cost of maintaining the inventory of parts no longer usable by the Secretary.
- (5) Any other matters the Secretary considers appropriate.
## Sec. 112 Modification to cost cap for CVN–78 aircraft carrier — removed
- (a) Cost cap baseline— Subsection (a)(1) of section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104) is amended by striking “$10,500,000,000” and inserting “$12,887,000,000”.
- (b) Additional factor for adjustment of limitation amount— Subsection (b) of such section is amended by adding at the end the following new paragraph:
- “(7) The amounts of increases or decreases in costs of that ship that are attributable to the shipboard test program.”
- (c) Hull number— Such section is further amended by striking “CVN–21” in subsections (a)(1), (a)(2), and (b) and in the section heading and inserting “CVN–78”.
## Sec. 113 Clarification of limitations on retirement of B–52 bomber aircraft — removed
- Section 131(a)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2111), as amended by section 137(a)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 32), is further amended in subparagraph (C) by striking “in a common capability configuration”.
## Sec. 114 Repeal of limitation on retirement of KC–135E aircraft — removed
- Section 135(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114), as amended by section 131 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4377), is repealed.
## Sec. 121 Multiyear procurement authority for E–2D aircraft program — added
- (a) Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into—
- (1) one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of E–2D aircraft; and
- (2) 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).
- (b) 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. 122 Cost limitation for CVN–78 aircraft carriers — added
- (a) In general— Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104) is amended to read as follows:
- “122. Adherence to Navy cost estimates for CVN–78 class of aircraft carriers
- “(a) Limitation
- “(1) Lead ship—The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for the aircraft carrier designated as CVN–78 may not exceed $12,887,000,000 (as adjusted pursuant to subsection (b)).
- “(2) Follow-on ships—The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for the construction of any ship that is constructed in the CVN–78 class of aircraft carriers after the lead ship of that class may not exceed $11,411,000,000 (as adjusted pursuant to subsection (b)).
- “(b) Adjustment of limitation amount—The Secretary of the Navy may adjust the amount set forth in subsection (a) for any ship constructed in the CVN–78 class of aircraft carriers by the following:
- “(1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2013.
- “(2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws.
- “(3) The amounts of outfitting costs and post-delivery costs incurred for that ship.
- “(4) The amounts of increases or decreases in costs of that ship that are attributable to insertion of new technology into that ship, as compared to the technology baseline as it was defined in the approved acquisition program baseline estimate of December 2005.
- “(5) The amounts of increases or decreases to nonrecurring design and engineering cost attributable to achieving compliance with the cost limitation.
- “(6) The amounts of increases or decreases to cost required to correct deficiencies that may affect the safety of the ship and personnel or otherwise preclude the ship from safe operations and crew certification.
- “(7) With respect to the aircraft carrier designated as CVN–78, the amounts of increases or decreases in costs of that ship that are attributable to the shipboard test program.
- “(c) Limitation on technology insertion cost adjustment—The Secretary of the Navy may use the authority under paragraph (4) of subsection (b) to adjust the amount set forth in subsection (a) for a ship referred to in that subsection with respect to insertion of new technology into that ship only if—
- “(1) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology would lower the life-cycle cost of the ship; or
- “(2) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology is required to meet an emerging threat and the Secretary of Defense certifies to those committees that such threat poses grave harm to national security.
- “(d) Notice
- “(1) Requirement—The Secretary of the Navy shall submit to the congressional defense committees each year, at the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for the next fiscal year, written notice of—
- “(A) any change in the amount set forth in subsection (a) during the preceding fiscal year that the Secretary has determined to be associated with a cost referred to in subsection (b); and
- “(B) the most accurate estimate possible of the Secretary with respect to the total cost compared to the amount set forth in subsection (a), as adjusted by subsection (b), and the steps the Secretary is taking to reduce the costs below such amount.
- “(2) Effective date—The requirement in paragraph (1) shall become effective with the budget request for the year of procurement of the first ship referred to in subsection (a).”
- (b) Conforming amendment— The table of contents at the beginning of such Act is amended by striking the item relating to section 122 and inserting the following:
## Sec. 131 Multiyear procurement authority for multiple variants of the C-130J aircraft program — added
- (a) Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of the Air Force may enter into—
- (1) one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of multiple variants of C-130J aircraft for the Department of the Navy and the Department of the Air Force; and
- (2) 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).
- (b) 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. 132 Prohibition on cancellation or modification of avionics modernization program for C–130 aircraft — added
- (a) Prohibition— The Secretary of the Air Force may not take any action to cancel or modify the avionics modernization program of record for C–130 aircraft.
- (b) Conforming repeal— Section 143 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1662) is repealed.
## Sec. 133 Retirement of KC–135R aircraft — added
- (a) Treatment of retired KC–135R aircraft— Except as provided by subsection (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.
- (b) 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.
- (c) 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.
- (d) 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. 134 Competition for evolved expendable launch vehicle providers — added
- (a) Findings— Congress finds the following:
- (1) The new acquisition strategy for the evolved expendable launch vehicle program of the Air Force will maintain mission assurance, reduce costs, and provide opportunities for competition for certified launch providers.
- (2) The method in which the current and potential future certified launch providers will be evaluated in a competition is still under development.
- (b) Plan—
- (1) In general— The Secretary of the Air Force shall develop and implement a plan to ensure the fair evaluation of competing contractors in awarding a contract to a certified evolved expendable launch vehicle provider.
- (2) Comparison— The plan under paragraph (1) shall include a description of how the following areas will be addressed in the evaluation:
- (A) The proposed cost, schedule, and performance.
- (B) Mission assurance activities.
- (C) The manner in which the contractor will operate under the Federal Acquisition Regulation.
- (D) The effect of other contracts in which the contractor is entered into with the Federal Government, such as the evolved expendable launch vehicle launch capability contract and the space station commercial resupply services contracts.
- (E) Any other areas the Secretary determines appropriate.
- (c) Submission to Congress—
- (1) In general— Not later than 90 days after the date of the enactment of this Act, the Secretary shall—
- (A) submit to the appropriate congressional committees a report that includes the plan under subsection (b)(1); or
- (B) provide to such committees a briefing on such plan.
- (2) GAO review— The Comptroller General of the United States shall—
- (A) submit to the appropriate congressional committees a review of the plan under subsection (b)(1); or
- (B) provide to such committees a briefing on such plan.
- (3) Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means the following:
- (A) The congressional defense committees.
- (B) The Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
- (C) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
## Sec. 141 Multiyear procurement authority for ground-based interceptors — added
- (a) Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Director of the Missile Defense Agency may enter into one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of 14 ground-based interceptors.
- (b) Authority for advance procurement— The Director may enter into one or more contracts for advance procurement associated with the ground-based interceptors for which authorization to enter into a multiyear procurement contract is provided under subsection (a).
- (c) 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. 142 Multiyear procurement authority for tactical wheeled vehicles — added
- (a) Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of Defense may enter into one or more multiyear, multivehicle contracts, beginning with the fiscal year 2014 program year, for the procurement of core tactical wheeled vehicles.
- (b) 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.
- (c) Notification required— Not later than 180 days after the date of the enactment of this Act, the Secretary shall notify the congressional defense committees of—
- (1) whether the Secretary will enter into a contract under subsection (a); and
- (2) if not, an explanation for why the Secretary will not enter into such a contract.
- (d) Annual reports— For each fiscal year in which the Secretary is entered into a contract under this section, the Secretary shall submit to the congressional defense committees, as part of the material submitted in support of the budget of the President for such fiscal year, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the following:
- (1) The status of procurements under such contract.
- (2) A detailed analysis of any cost savings achieved for each class of vehicle procured under such contract.
- (3) A description of any challenges to the Secretary in carrying out this section or in achieving any such cost savings.
- (4) Any recommendations for future implementation of a program for multiyear, multi-vehicle procurement.
- (e) Termination of authority— The Secretary may not enter into a contract under this section after September 30, 2018. During the five-year period beginning on October 1, 2018, the Secretary may continue to carry out any contract entered into under this section before such date using funds made available to the Secretary for such purpose before such date.
- (f) Core tactical vehicles defined— In this section, the term “core tactical wheeled vehicles” means—
- (1) the family of medium tactical vehicles;
- (2) medium tactical wheeled vehicle replacements;
- (3) the family of heavy tactical vehicles; and
- (4) logistics vehicle system replacements.
## Sec. 143 Limitation on availability of funds for retirement of RQ–4 Global Hawk unmanned aircraft systems — added
- (a) Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended to retire, prepare to retire, or place in storage an RQ–4 Block 30 Global Hawk unmanned aircraft system.
- (b) Maintained levels— During the period preceding December 31, 2016, in supporting the operational requirements of the combatant commands, the Secretary of the Air Force shall maintain the operational capability of each RQ–4 Block 30 Global Hawk unmanned aircraft system belonging to the Air Force or delivered to the Air Force during such period.
- (c) Conforming amendment— Section 154 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1666) is amended—
- (1) by striking “(a) Limitation.—”; and
- (2) by striking subsection (b).
## Sec. 144 Personal protection equipment procurement — added
- (a) Procurement— The Secretary of Defense shall ensure that personal protection equipment is procured using funds authorized to be appropriated by section 101 and available for such purpose as specified in the funding table in sections 4101 and 4102.
- (b) Procurement line item— In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2015, and each subsequent fiscal year, the Secretary shall ensure that within each military department procurement account, a separate, dedicated procurement line item is designated for personal protection equipment.
- (c) Personal protection equipment defined— In this section, the term “personal protection equipment” means the following:
- (1) Body armor components.
- (2) Combat helmets.
- (3) Combat protective eyewear.
- (4) Protective clothing.
- (5) Other items as determined appropriate by the Secretary.
## Sec. 145 Repeal of certain F-35 reporting requirements — added
- Section 122 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4157) is amended—
- (1) by striking subsection (b); and
- (2) by redesignating subsection (c) as subsection (b).
## Sec. 146 Study on procurement of personal protection equipment — added
- (a) Study—
- (1) In general— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center to conduct a study to identify and assess alternative and effective means for stimulating competition and innovation in the personal protection equipment industrial base.
- (2) Submission— Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center conducting the study under paragraph (1) shall submit to the Secretary the study, including any findings and recommendations.
- (b) Report—
- (1) In general— Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted under subsection (a)(1).
- (2) Matters included— The report under paragraph (1) shall include the following:
- (A) The study, findings, and recommendations submitted to the Secretary under subsection (a)(2).
- (B) An assessment of current and future technologies that could markedly improve body armor, including by decreasing weight, increasing survivability, and making other relevant improvements.
- (C) An analysis of the capability of the personal protection equipment industrial base to leverage such technologies to produce the next generation body armor.
- (D) An assessment of alternative body armor acquisition models, including different types of contracting and budgeting practices of the Department of Defense.
- (c) Personal protection equipment— In this section, the term “personal protection equipment” includes body armor.
## Sec. 201 Authorization of appropriations
- Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Department of Defense for research, development, test, and evaluation as follows:specified in the funding table in section 4201.
- (1) For the Army, $7,989,102,000.
- (2) For the Navy, $15,974,780,000.
- (3) For the Air Force, $25,702,946,000.
- (4) For Defense-wide activities, $17,667,108,000.
- (5) For the Director of Operational Test and Evaluation, $186,300,000.
## Sec. 211 Limitation on availability of funds for ground combat vehicle engineering and manufacturing phase — added
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Army may be obligated or expended for post-Milestone B engineering and manufacturing phase development activities for the ground combat vehicle program until a period of 30 days has elapsed following the date on which the Secretary of the Army submits to the congressional defense committees a report that includes the following:
- (1) An independent assessment of the draft milestone B documentation for the ground combat vehicle that—
- (A) is performed by the Director of Cost Assessment and Program Evaluation, the Assistant Secretary of Defense for Research and Engineering, or other similar official; and
- (B) analyzes whether there is a sufficient business case to proceed with the engineering and manufacturing development phase for the ground combat vehicle using only one contractor.
- (2) A certification by the Secretary that the ground combat vehicle program has—
- (A) feasible and fully-defined requirements;
- (B) fully mature technologies;
- (C) independent and high-confidence cost estimates;
- (D) available funding; and
- (E) a realistic and achievable schedule.
## Sec. 212 Limitation on Milestone A activities for Unmanned Carrier-launched Surveillance and Strike system program — added
- The Under Secretary of Defense for Acquisition, Technology, and Logistics may not award a Milestone A technology development contract with respect to the Unmanned Carrier-launched Surveillance and Strike system program until a period of 30 days has elapsed following the date on which the Under Secretary certifies to the congressional defense committees that the software and system engineering designs for the control system and connectivity and aircraft carrier segments of such program can achieve, with low level of integration risk, successful compatibility and interoperability with the air vehicle segment selected for contract award with respect to such program.
## Sec. 213 Limitation on availability of funds for Air Force logistics transformation — added
- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for procurement, Air Force, or research, development, test, and evaluation, Air Force, for logistics information technology, including for the expeditionary combat support system, not more than 50 percent may be obligated or expended until the date that is 30 days after the date on which the Secretary of the Air Force submits to the congressional defense committees a report on how the Secretary will modernize and update the logistics information technology systems of the Air Force following the cancellation of the expeditionary combat support system. Such report shall include—
- (1) strategies to—
- (A) in the near term, address any gaps in capability with respect to logistics information technology; and
- (B) during the period covered by the current future-years defense plan, provide for long-term modernization of logistics information technology;
- (2) an analysis of the root causes leading to the failure of the expeditionary combat support system program; and
- (3) a plan of action by the Secretary to ensure that the lessons learned under such analysis are—
- (A) shared throughout the Department of Defense and the military departments; and
- (B) considered in program planning for similar logistics information technology systems.
## Sec. 214 Limitation on availability of funds for defensive cyberspace operations of the Air Force — added
- (a) Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for procurement, Air Force, or research, development, test, and evaluation, Air Force, for Defensive Cyberspace Operations (Program Element 0202088F), not more than 90 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees a report on the Application Software Assurance Center of Excellence.
- (b) Matters included— The report under subsection (a) shall include the following:
- (1) A description of how the Application Software Assurance Center of Excellence is used to support the software assurance activities of the Air Force and other elements of the Department of Defense, including pursuant to section 933 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2224 note).
- (2) A description of the resources used to support the Center of Excellence from the beginning of the Center through fiscal year 2014.
- (3) The plan of the Secretary for sustaining the Center of Excellence during the period covered by the future-years defense program submitted in 2013 under section 221 of title 10, United States Code.
## Sec. 215 Limitation on availability of funds for precision extended range munition program — added
- 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 precision extended range munition program until the date on which the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees written certification that—
- (1) such program is necessary to meet a valid operational need that cannot be met by the existing precision guided mortar munition of the Army, other indirect fire weapons, or aerial-delivered joint fires; and
- (2) a sufficient business case exists to proceed with development and production of such program.
## Sec. 216 Limitation on availability of funds for the program manager for biometrics of the Department of Defense — added
- (a) Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for research, development, test, and evaluation for the Department of Defense program manager for biometrics for future biometric architectures or systems, not more than 75 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees a report assessing the future program structure for biometrics oversight and execution and architectural requirements for biometrics enabling capability.
- (b) Matters included— The report under subsection (a) shall include the following:
- (1) An assessment of the roles and responsibilities of the principal staff assistant for biometrics, the program manager for biometrics, and the Biometrics Identity Management Agency, including an analysis of alternatives to evaluate—
- (A) how to better align responsibilities for the multiple elements of the military departments and the Department of Defense with responsibility for biometrics, including the Navy and the Marine Corps; the Office of the Provost Marshall General, and the intelligence community; and
- (B) whether the program management responsibilities of the Department of Defense program manager for biometrics should be retained by the Army or transferred to another military department or element of the Department based on the expected future operating environment.
- (2) An assessment of the current requirements for the biometrics enabling capability to ensure the capability continues to meet the needs of the relevant military departments and elements of the Department of Defense based on the future operating environment after the drawdown in Afghanistan.
- (3) An analysis of the need to merge the program management structures and systems architecture and requirements development process for biometrics and forensics applications.
## Sec. 217 Unmanned combat air system demonstration testing requirement — added
- Not later than October 1, 2014, the Secretary of the Navy shall demonstrate, with respect to the X–47B unmanned combat air system aircraft, the following:
- (1) Unmanned autonomous rendezvous and aerial-refueling operations using the receptacle and probe equipment of the X–47B aircraft.
- (2) The ability of such aircraft to on-load fuel from airborne tanker aircraft using both the boom and drogue equipment installed on the tanker aircraft.
## Sec. 218 Long-range standoff weapon requirement — added
- The Secretary of the Air Force shall develop a follow-on air-launched cruise missile to the AGM–86 that—
- (2) achieves initial operating capability for both conventional and nuclear missions by not later than 2030; and
- (3) is certified for internal carriage and employment for both conventional and nuclear missions on the next-generation long-range strike bomber by not later than 2034.
## Sec. 219 Review of software development for F–35 aircraft — added
- (a) Review— The Under Secretary of Defense for Acquisition, Technology, and Logistics shall establish an independent team consisting of subject matter experts to review the development of software for the F–35 aircraft program (in this section referred to as the “software development program”), including by reviewing the progress made in—
- (1) managing the software development program; and
- (2) delivering critical software capability in accordance with current program milestones.
- (b) Report— Not later than March 3, 2014, the Under Secretary shall submit to the congressional defense committees a report on the review under subsection (a). Such report shall include the following:
- (1) An assessment by the independent team with respect to whether the software development program—
- (A) has been successful in meeting the key milestone dates occurring before the date of the report; and
- (B) will be successful in meeting the established program schedule.
- (2) Any recommendations of the independent team with respect to improving the software development program to ensure that, in support of the start of initial operational testing, the established program schedule is met on time.
- (3) If the independent team determines that the software development program will be unable to deliver the full complement of software within the established program schedule, any potential alternatives that the independent team considers appropriate to deliver such software within such schedule.
## Sec. 220 Evaluation and assessment of the Distributed Common Ground System — added
- (a) Project codes for budget submissions— In the budget transmitted by the President to Congress under section 1105 of title 31, United States Code, for fiscal year 2015 and each subsequent fiscal year, each capability component within the distributed common ground system program shall be set forth as a separate project code within the program element line, and each covered official shall submit supporting justification for the project code within the program element descriptive summary.
- (b) Analysis—
- (1) Requirement— The Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct an analysis of commercial link analysis tools that are compliant with the intelligence community data standards and could be used to meet the requirements of the distributed common ground system program.
- (2) Elements— The analysis required under paragraph (1) shall include the following:
- (A) Revalidation of the distributed common ground system program requirements for link analysis tools based on current program needs, recent operational experience, and the requirement for nonproprietary solutions that adhere to open-architecture principles.
- (B) Market research of current commercially available link analysis tools to determine which tools, if any, could potentially satisfy the requirements described in subparagraph (A).
- (C) Analysis of the competitive acquisition options for any commercially available link analysis tools identified in subparagraph (B).
- (3) Submission— Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees the results of the analysis conducted under paragraph (1).
- (c) Competition required—
- (1) In general— Except as provided by paragraph (3), if the Under Secretary identifies one or more commercial link analysis tools under subsection (b) (other than such tools offered by the current technology provider) that meet the requirements for the distributed common ground system program, including the requirement for nonproprietary solutions that adhere to open-architecture principles, each covered official shall initiate a request for proposals for such link analysis tools by not later than 180 days after the Under Secretary makes such identification. Such a request for proposals shall be based on market research and competitive procedures in accordance with applicable law and the Defense Federal Acquisition Regulation Supplement.
- (2) Notification— Each covered official shall submit to the congressional defense committees written notification of any request for proposals issued under paragraph (1) by not later than 30 days after such request is issued.
- (3) Waiver of RFP timeline— If a covered official determines that issuing a request for proposals by the date specified in paragraph (1) would not be aligned with the acquisition or developmental milestones of the distributed common ground station program, the covered official may waive the requirement to issue such a request for proposals by such date if the covered official submits to the congressional defense committees a written notification of such waiver that includes—
- (A) the reasons for making such a waiver; and
- (B) identification of when in the acquisition timeline of such program that the covered official plans to issue the request for proposals.
- (d) Covered official defined— In this section, the term “covered official” means the following:
- (1) The Secretary of the Army, with respect to matters concerning the Army.
- (2) The Secretary of the Navy, with respect to matters concerning the Navy.
- (3) The Secretary of the Air Force, with respect to matters concerning the Air Force.
- (4) The Commandant of the Marine Corps, with respect to matters concerning the Marine Corps.
- (5) The Commander of the United States Special Operations Command, with respect to matters concerning the United States Special Operations Command.
## Sec. 221 Requirement to complete individual carbine testing — added
- The Secretary of the Army may not cancel the individual carbine program unless the Secretary—
- (1) completes the Phase III down-select and user-evaluation phase of the individual carbine competitors;
- (2) conducts the required comprehensive business case analysis of such program; and
- (3) submits to the congressional defense committees—
- (A) the results of the down-select and user evaluation described in paragraph (1); and
- (B) the business case analysis described in paragraph (2).
## Sec. 222 Establishment of funding line and fielding plan for Navy laser weapon system — added
- (a) In general— The Secretary shall ensure that each future-years defense program submitted to Congress under section 221 of title 10, United States Code, that covers any of fiscal years 2018 through 2028 includes a funding line and fielding plan for a Navy laser weapon system with respect to such fiscal years.
- (b) Alternative report— If the Secretary determines that the technology and maturation efforts of a Navy laser weapon system conducted prior to fiscal year 2016 do not indicate that suitable technology warranting a program of record for such system will be available by 2018, the Secretary may waive the requirements of subsection (a) if the Secretary submits to the congressional defense committees written justification of such determination, including a description of the technical shortcomings of such system, by not later than March 30, 2016.
## Sec. 223 Sense of Congress on importance of aligning common missile compartment of Ohio-class replacement program with the United Kingdom's Vanguard successor program — added
- (a) Findings— Congress finds the following:
- (1) The Polaris Sales Agreement of 1963 formally arranged for the Polaris missile system to be purchased by the United Kingdom for its submarines. It was extended in 1982 to include the Trident missile system and this agreement continues to underpin the independent nuclear deterrent of the United Kingdom.
- (2) April 2013 marked the 50-year anniversary of the agreement.
- (3) Since the inception of the agreement, the agreement has been a tremendous success and provided great benefits to both nations by creating major cost savings, stronger nuclear deterrence, and a stronger alliance.
- (4) The Ohio-class ballistic missile submarine replacement of the United States and the Vanguard-class ballistic missile successor of the United Kingdom will share a common missile compartment and the Trident II/D5 strategic weapon system.
- (b) Sense of Congress— It is the sense of Congress that the Secretary of Defense and the Secretary of the Navy should make every effort to ensure that the common missile compartment associated with the Ohio-class ballistic missile submarine replacement program stays on schedule and is aligned with the Vanguard-successor program of the United Kingdom in order for the United States to fulfill its longstanding commitment to our ally and partner in sea-based strategic deterrence.
## Sec. 224 Sense of congress on counter-electronics high power microwave missile project — added
- It is the sense of the Congress that—
- (1) following the successful joint technology capability demonstration that the counter-electronics high power microwave missile project (in this section referred to as “CHAMP”) conducted last year, the Air Force should examine the results of the demonstration and consider the demonstration as a potential solution during any analysis of alternatives conducted in 2014;
- (2) an analysis of alternatives is an important step in the long term-term development of a high power microwave weapon;
- (3) additionally, a near-term option may be available to get such capability to commanders of the combatant commands should the capability be required;
- (4) the Secretary of the Air Force should pursue both near- and long-term high power microwave weapon systems;
- (5) CHAMP could be developed as a cruise missile delivered weapon with target availability to commanders of the combatant commands by 2016; and
- (6) such development should not prohibit or divert resources from an analysis of alternatives and long-term development of a high power microwave weapon.
## Sec. 231 Prohibition on use of funds for MEADS program — added
- (a) Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended for the medium extended air defense system.
- (b) Harvesting technology—
- (1) Notice and wait— The Secretary of Defense may not carry out actions described in paragraph (2) until a period of 120 days has elapsed following the date on which the Secretary notifies the congressional defense committees of the plans of the Secretary to carry out such actions.
- (2) Actions described— Actions described in this paragraph are actions relating to harvesting technology of the medium extended air defense system.
- (c) Report—
- (1) In general— Not later than February 15, 2014, the Secretary of the Army shall submit to the congressional defense committees a report on the opportunities to harvest technology of the medium extended air defense system to modernize the various air and missile defense systems and integrated architecture of the Army, based on the report required by section 226 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1678).
- (2) Matters included— The report under paragraph (1) shall include the following:
- (A) A review of current Army and joint requirements to which any harvested technology of the medium extended air defense system might be applied.
- (B) The timeline of the Secretary for completion of an analysis of alternatives to technologies and systems being considered for harvesting.
- (C) An overview of the planned acquisition strategy for any major systems being considered for harvesting and for insertion into the integrated air and missile defense architecture.
- (d) Application— The prohibition in subsection (a) may not be superseded except by a provision of law that specifically supersedes, repeals, or modifies such subsection.
## Sec. 232 Additional missile defense site in the United States for optimized protection of the homeland — added
- (a) Findings— Congress makes the following findings:
- (1) 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.
- (2) 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”.
- (3) 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 doesn’t provide total defense today”.
- (4) 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”.
- (5) Section 227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1678) directs the Missile Defense Agency—
- (A) to conduct environmental impact studies for three potential locations for an additional missile defense site capable of protecting the homeland; and
- (B) to develop a contingency plan in case the President determines to proceed with deployment of such an additional site.
- (6) 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.
- (b) Additional missile defense site—
- (1) 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.
- (2) 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.
- (3) 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. 233 Limitation on removal of missile defense equipment from East Asia — added
- (a) Policy— It is the policy of the United States that—
- (1) the missile defenses of the United States provide defense against multiple threats, including threats to the United States, allies of the United States, and the deployed forces of the United States; and
- (2) the elimination of one threat, for example the illegal nuclear weapons program of a rogue state, does not eliminate the reason the United States deploys missile defenses to a particular region, including to defend allies of the United States and deployed forces of the United States from other regional threats.
- (b) Limitation— Except as provided by subsection (c) or (d), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 or any fiscal year thereafter may be obligated or expended to remove missile defense equipment of the United States from East Asia until a period of 180 days has elapsed following the date on which the President certifies to the congressional defense committees the following:
- (1) Each country in East Asia that poses a threat to allies of the United States has verifiably dismantled the nuclear weapons and ballistic missile programs of such country.
- (2) The President has consulted with such allies with respect to the dismantlement described in paragraph (1) that—
- (A) such dismantlement has occurred; and
- (B) the missile defense platforms of the United States located in East Asia are no longer needed.
- (c) Waiver— The President may waive the limitation in subsection (b) with respect to removing missile defense equipment of the United States from East Asia if—
- (1) the President submits to the congressional defense committees—
- (A) a certification that such waiver is in the national security interest of the United States; and
- (B) a report, in unclassified form, explaining—
- (i) why the President cannot make a certification for such removal under subsection (b);
- (ii) the national security interest covered by the certification made under subparagraph (A); and
- (iii) how the President will provide a commensurate level of defense for the United States, allies of the United States, and deployed forces of the United States, as provided by such missile defense equipment being removed; and
- (2) a period of 30 days has elapsed following the date on which the President submits the information under paragraph (1).
- (d) Exception— The limitation in subsection (b) shall not apply to destroyers and cruisers of the Navy equipped with the Aegis ballistic missile defense system.
## Sec. 234 Improvements to acquisition accountability reports on ballistic missile defense system — added
- (a) In general— Section 225 of title 10, United States Code, is amended—
- (1) in subsection (b)(3)(A), by inserting “comprehensive” before “life-cycle”; and
- (2) by adding at the end the following:
- “(e) Quality of cost estimates
- “(1) The Director shall ensure that each cost estimate included in an acquisition baseline pursuant to subsection (b)(3) includes all operation and support costs, regardless of funding source, for which the Director is responsible.
- “(2) In each such baseline submitted to the congressional defense committees, the Director shall state whether the underlying cost estimates in such baseline meet the criteria of the Comptroller General of the United States to be considered a high-quality estimate. If the Director states that such estimates do not meet such criteria, the Director shall include in such baseline the actions, including a schedule, that the Director plans to carry out for the estimates to meet such criteria.”
- (b) Report— Not later than February 15, 2014, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report of the plans and schedule of the Director with respect to when the Director will meet the quality and criteria of cost estimates required by section 225(e) of title 10, United States Code, as added by subsection (a)(2).
## Sec. 235 Analysis of alternatives for successor to precision tracking space system — added
- (a) Analysis of alternatives required—
- (1) In general— The Director of the Missile Defense Agency, in cooperation with the Director of Cost Assessment and Program Evaluation and the Defense Space Council, shall perform an analysis of alternatives for a successor to the precision tracking space system.
- (2) Consideration— The Director shall ensure that the analysis of alternatives under paragraph (1) considers the following:
- (A) Current and future terrestrial, airborne, and space capabilities and capability gaps for missile defense sensing requirements.
- (B) Current and planned overhead persistent infrared architecture and the potential for the future exploitability of such architecture.
- (C) Lessons learned from the space tracking and surveillance system and precision tracking space system technology development programs.
- (D) Opinions of private industry based on the experience of such industry with delivering space capabilities.
- (E) Opportunities for such successor system to contribute to nonmissile defense missions with unmet requirements, including space situational awareness.
- (3) Role of other departments— In conducting the analysis of alternatives under paragraph (1), the Director shall compare the advantages and disadvantages, including in terms of costs, with respect to the Director—
- (A) developing a successor to the precision tracking space system solely for the Missile Defense Agency; and
- (B) cooperating with other heads of departments and agencies of the United States to develop space systems that are multi-mission, including by hosting payloads.
- (b) Submission required—
- (1) Terms of reference— Not later than 60 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees the terms of reference of the analysis of alternatives performed under subsection (a)(1).
- (2) In general— Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a report including—
- (A) the analysis of alternatives for a successor to the precision tracking space system performed under subsection (a)(1); and
- (B) a description of the potential platforms on which a hosted payload could be hosted.
- (3) Form— The report required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex.
- (c) Conforming repeal— Section 224 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1675) is repealed.
## Sec. 236 Plan to improve organic kill assessment capability of the ground-based midcourse defense system — added
- (a) Organic kill assessment capability— The Director of the Missile Defense Agency and the Commander of the United States Northern Command, in consultation with the Commander of the United States Strategic Command, shall jointly develop—
- (1) options to achieve an organic kill assessment capability for the ground-based midcourse defense system that can be developed by not later than December 31, 2019, including by improving the command, control, battle management, and communications program and the sensor and communications architecture of the Agency; and
- (2) a plan to carry out such options that gives priority to including such capabilities in at least some of the 14 ground-based interceptors that will be procured by the Director, as announced by the Secretary of Defense on March 15, 2013.
- (b) Improved hit assessment— The Director and the Commander of the United States Northern Command, in consultation with the Commander of the United States Strategic Command, shall jointly develop an interim capability for improved hit assessment for the ground-based midcourse defense system that can be integrated into near-term enhanced kill vehicle upgrades and refurbishment.
- (c) Submission to Congress— Not later than March 15, 2014, the Director and the Commander of the United States Northern Command shall jointly submit to the congressional defense committees a report on—
- (1) the development of an organic kill assessment capability under subsection (a), including the plan developed under paragraph (2) of such subsection; and
- (2) the development of an interim capability for improved hit assessment under subsection (b).
## Sec. 237 Availability of funds for Iron Dome short-range rocket defense program — added
- Of the funds authorized to be appropriated for fiscal year 2014 by section 201 for research, development, test, and evaluation, Defense-wide, and available for the Missile Defense Agency, $15,000,000 may be obligated or expended for enhancing the capability for producing the Iron Dome short-range rocket defense program in the United States, including for infrastructure, tooling, transferring data, special test equipment, and related components.
## Sec. 238 NATO and the phased, adaptive approach to missile defense in Europe — added
- (a) NATO funding—
- (1) Phase I of EPAA— Not later than 60 days after the date of the enactment of this Act, the President shall consult with the North Atlantic Council and the Secretary General of the North Atlantic Treaty Organization (in this section referred to as “NATO”) on—
- (A) the funding of the phased, adaptive approach to missile defense in Europe; and
- (B) establishing a plan for NATO to provide at least 50 percent of the infrastructure and operations and maintenance costs of phase I of the phased, adaptive approach to missile defense in Europe.
- (2) Phases II and III of EPAA— The President shall use the NATO Military Common-Funded Resources process to seek to fund at least 50 percent of the costs for phases II and III of the phased, adaptive approach to missile defense in Europe.
- (3) Reports— Not later than 180 days after the date of the enactment of this Act, and each 180-day period thereafter, the President shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the funding provided by NATO pursuant to paragraphs (1) and (2).
- (b) Interceptors— If the Secretary of Defense determines that it is useful to the interests of the United States, the Secretary shall seek to engage with members of NATO to establish a NATO common pool of Aegis standard missile–3 block IA, standard missile–3 block IB, and standard missile–3 block IIA interceptors to defend NATO members through the phased, adaptive approach to missile defense in Europe.
## Sec. 239 Sense of Congress on procurement of capability enhancement II exoatmospheric kill vehicle — added
- It is the sense of Congress that the Secretary of Defense should not procure a Capability Enhancement II exoatmospheric kill vehicle for deployment until after the date on which a successful operational flight test of the Capability Enhancement II ground-based interceptor has occurred unless such procurement is for test assets or to maintain a warm line for the industrial base.
## Sec. 240 Sense of Congress on 30th anniversary of the Strategic Defense Initiative — added
- (a) Findings— Congress finds the following:
- (1) 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.
- (2) 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… What if free people could live secure in the knowledge that their security did not rest upon the threat of instant U.S. 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?”.
- (3) 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.
- (4) 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).
- (5) 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)”.
- (6) 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”.
- (7) Russian President Vladimir Putin said the move was “not a threat to the security of the Russian Federation”.
- (8) 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 IA interceptors; 25 SM-3 IB interceptors; 3 THAAD batteries and 89 interceptors; and 8 AN/TPY-2 forward-based sensors.
- (9) 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.
- (10) 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.
- (11) 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.
- (12) 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. systems.
- (13) 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.
- (14) 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.
- (15) 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.
- (16) 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.
- (17) A credible ballistic missile defense system is critical to the national defense of the United States.
- (b) Sense of Congress— Congress—
- (1) recognizes the inspiring leadership of President Ronald Reagan to “maintain the peace through strength”;
- (2) recognizes the enduring obligation President as Commander in Chief to“ preserve, protect, and defend the Constitution”;
- (3) commemorates the vision of President Reagan on the 30th anniversary of the Strategic Defense Initiative;
- (4) believes that it is imperative that the United States continue fielding a robust missile defense system, including additional ground based interceptors; and
- (5) commits to supporting continued investments in future missile defense capabilities and emerging technologies such as directed energy and railguns.
## Sec. 251 Annual Comptroller General report on the amphibious combat vehicle acquisition program — added
- (a) Annual GAO review— During the period beginning on the date of the enactment of this Act and ending on March 1, 2018, the Comptroller General of the United States shall conduct an annual review of the amphibious combat vehicle acquisition program.
- (b) Annual reports—
- (1) In general— Not later than March 1 of each year beginning in 2014 and ending in 2018, the Comptroller General shall submit to the congressional defense committees a report on the review of the amphibious combat vehicle acquisition program conducted under subsection (a).
- (2) Matters to be included— Each report under paragraph (1) shall include the following:
- (A) The extent to which the program is meeting development and procurement cost, schedule, performance, and risk mitigation goals.
- (B) With respect to meeting the desired initial operational capability and full operational capability dates for the amphibious combat vehicle, the progress and results of—
- (i) developmental and operational testing of the vehicle; and
- (ii) plans for correcting deficiencies in vehicle performance, operational effectiveness, reliability, suitability, and safety.
- (C) An assessment of procurement plans, production results, and efforts to improve manufacturing efficiency and supplier performance.
- (D) An assessment of the acquisition strategy of the amphibious combat vehicle, including whether such strategy is in compliance with acquisition management best-practices and the acquisition policy and regulations of the Department of Defense.
- (E) An assessment of the projected operations and support costs and the viability of the Marine Corps to afford to operate and sustain the amphibious combat vehicle.
- (3) Additional information— In submitting to the congressional defense committees the first report under paragraph (1) and a report following any changes made by the Secretary of the Navy to the baseline documentation of the amphibious combat vehicle acquisition program, the Comptroller General shall include, with respect to such program, an assessment of the sufficiency and objectivity of—
- (A) the analysis of alternatives;
- (B) the initial capabilities document; and
- (C) the capabilities development document.
## Sec. 252 Report on strategy to improve body armor — added
- (a) 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 comprehensive research and development strategy of the Secretary to achieve significant reductions in the weight of body armor.
- (b) Matters included— The report under subsection (a) shall include the following:
- (1) A brief description of each solution for body armor weight reduction that is being developed as of the date of the report.
- (2) For each such solution—
- (A) the costs, schedules, and performance requirements;
- (B) the research and development funding profile;
- (C) a description of the materials being used in the solution; and
- (D) the feasibility and technology readiness levels of the solution and the materials.
- (3) A strategy to provide resources for future research and development of body armor weight reduction.
- (4) An explanation of how the Secretary is using a modular or tailorable solution to approach body armor weight reduction.
- (5) A description of how the Secretary coordinates the research and development of body armor weight reduction being carried out by the military departments.
- (6) Any other matter the Secretary considers appropriate.
## Sec. 253 Report on main battle tank fuel efficiency initiative — added
- Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the investment strategy to accelerate fuel efficiency improvements to the current engine and transmission of the M1 Abrams series main battle tank as part of the Army’s Engineering Change Proposal Phase I strategy.
## Sec. 254 Report on powered rail system — added
- (a) Report required— Not later than 90 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 powered rail system compared to currently fielded solutions. Such report shall include each of the following:
- (1) Verification of relevant studies previously conducted by the Army, including that of the Maneuver Center of Excellence, which show that a typical infantry platoon requires approximately 430 pounds of batteries for a 72-hour mission, or roughly 10 pounds per soldier, and that the per-soldier, per-year procurement, storage, transport and disposal costs of these batteries are between $50,000 and $65,000.
- (2) An assessment of the comparative total cost of ownership, including procurement, fielding, training, and sustainment of the existing rail system and associated rail-mounted devices with respect to battery types and usage, when compared to that of a powered rail or intelligent rail system with a consolidated power source.
- (3) An assessment of the specific effects of excessive battery weight on soldier mobility, endurance and lethality determined through side-by-side time, endurance, motion and lethality tests between soldiers operating with existing rail-mounted weapon accessories and soldiers using the powered rail or intelligent rail solution.
- (4) An assessment of the advantages to the Army of incorporating the high-speed communications capability embedded in the powered rail or intelligent rail technology, including the integration of existing Army devices and devices in development such as the family of weapons sights and the enhanced night vision goggles, with the powered rail technology, and the connection of these previously unconnected devices to the soldier network.
- (b) Testing— Any testing conducted in order to produce the report required by subsection (a) shall be supervised and validated by the Director of Operational Test and Evaluation of the Department of Defense.
## Sec. 261 Establishment of Cryptographic Modernization Review and Advisory Board — added
- (a) In general— Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section:
- “189. Cryptographic Modernization Review and Advisory Board
- “(a) Establishment—There shall be in the Department of Defense a Cryptographic Modernization Review and Advisory Board (in this section referred to as the “Board”) to review and assess the cryptographic modernization activities of the Department and provide advice to the Secretary with respect to such activities pursuant to the roles and responsibilities outlined in the Chairman of the Joint Chiefs of Staff Instruction 6510.02D.
- “(b) Members
- “(1) The Secretary shall determine the number of members of the Board.
- “(2) The Secretary shall appoint officers in the grade of general or admiral and civilian employees of the Department of Defense in the Senior Executive Service to serve as members of the Board.
- “(c) Responsibilities—The Board shall—
- “(1) review compliance with cease-use dates for specific cryptographic systems based on rigorous analysis of technical and threat factors and issue guidance, as needed, to relevant program executive offices and program managers;
- “(2) monitor the overall cryptographic modernization efforts of the Department, including while such efforts are being executed;
- “(3) convene in-depth technical program reviews, as needed, for specific cryptographic modernization developments with respect to validating current and in-draft requirements of systems of the Department of Defense and identifying programmatic risks;
- “(4) develop a five-year cryptographic modernization plan to—
- “(A) make recommendations to the Joint Requirements Oversight Council with respect to updating or modifying requirements for cryptographic modernization; and
- “(B) identify previously unidentified requirements;
- “(5) develop a long-term roadmap to—
- “(A) ensure synchronization with major planning documents;
- “(B) anticipate risks and issues in 10- and 20-year timelines; and
- “(C) ensure that the expertise and insights of the military departments, Defense Agencies, the combatant commands, industry, academia, and key allies are included in the course of developing and carrying out cryptographic modernization activities;
- “(6) develop a concept of operations for how cryptographic systems should function in a system-of-systems environment; and
- “(7) advise the Secretary on the development of a cryptographic asset visibility system.
- “(d) Exclusion of certain programs—The Board shall not include programs funded under the National Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6))) in carrying out this section.”
- (b) Clerical amendment— The table of sections at the beginning of such chapter is amended by adding after the item relating to section 188 the following new item:
## Sec. 262 Clarification of eligibility of a State to participate in defense experimental program to stimulate competitive research — added
- Subparagraph (A) of section 257(d)(2) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note) is amended to read as follows:
- “(A) the State is eligible for the experimental program to stimulate competitive research under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g); and”
## Sec. 263 Extension and expansion of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions — added
- (a) Clarification of availability of funds— Section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is amended—
- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
- (2) by inserting after subsection (a) the following new subsection (b):
- “(b) Availability of funds for infrastructure revitalization projects
- “(1) In general—Subject to the provisions of this subsection, funds available under a mechanism under subsection (a) for specific laboratory infrastructure revitalization projects shall be available for such projects until expended.
- “(2) Prior notice of costs of projects—Funds shall be available in accordance with paragraph (1) for a project referred to in that paragraph only if the congressional defense committees are notified of the total cost of the project before the commencement of the project.
- “(3) Accumulation of funds for projects—Funds may accumulate under a mechanism under subsection (a) for a project referred to in paragraph (1) for not more than five years.
- “(4) Limitation on total cost of project—Funds shall be available in accordance with paragraph (1) for a project referred to in that paragraph only if the cost of the project does not exceed $4,000,000.”
- (b) Extension— Subsection (d) of such section, as redesignated by subsection (a)(1) of this section, is amended by striking “September 30, 2016” and inserting “September 30, 2020”.
- (c) Application— Subsection (b) of section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note), as added by subsection (a)(2), shall apply with respect to funds made available under such section 219 after the date of the enactment of this Act.
## Sec. 264 Extension of authority to award prizes for advanced technology achievements — added
- Section 2374a(f) of chapter 139 of title 10, United States Code, is amended by striking “September 30, 2013” and inserting “September 30, 2018”.
## Sec. 265 Five-year extension of pilot program to include technology protection features during research and development of certain defense systems — added
- Section 243(d) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2358 note) is amended by striking “October 1, 2015” and inserting “October 1, 2020”.
## Sec. 266 Briefing on power and energy research conducted at university affiliated research centers — added
- (a) Briefing— Not later than March 31, 2014, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on power and energy research conducted at the university affiliated research centers.
- (b) Matters included— The briefing under subsection (a) shall include the following:
- (1) A description of current and planned research on power grid issues conducted with other university-based energy centers.
- (2) A description of current and planned collaboration efforts regarding power grid issues with university-based research centers that have an expertise in energy efficiency and renewable energy, including efforts with respect to—
- (A) system failure and losses, including—
- (i) utility logistics and supply chain management for events resulting in system failure or other major damage;
- (ii) near real-time utility and law enforcement access to damage assessment information during events resulting in system failure or other major damage;
- (B) mitigation and response to disasters and attacks;
- (C) variable energy resource integration on the bulk power system;
- (D) integration of high penetrations of distributed energy technologies on the electric distribution system;
- (E) substation and asset hardening techniques appropriate for use in civilian areas;
- (F) facilitating development of training programs to support significant increase in required technical skills of present and future utility field forces, including hands-on training; and
- (G) facilitating increased consumer self-sufficiency.
## Sec. 301 Operation and maintenance funding
- Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:specified in the funding table in section 4301.
- (1) For the Army, $35,073,077,000.
- (2) For the Navy, $39,945,237,000.
- (3) For the Marine Corps, $6,254,650,000.
- (4) For the Air Force, $37,270,842,000.
- (5) For Defense-wide activities, $32,997,693,000.
- (6) For the Army Reserve, $3,095,036,000.
- (7) For the Navy Reserve, $1,197,752,000.
- (8) For the Marine Corps Reserve, $263,317,000.
- (9) For the Air Force Reserve, $3,164,607,000.
- (10) For the Army National Guard, $7,054,196,000.
- (11) For the Air National Guard, $6,566,004,000.
- (12) For the United States Court of Appeals for the Armed Forces, $13,606,000.
- (13) For the Department of Defense Acquisition Workforce Development Fund, $256,031,000.
- (14) For Environmental Restoration, Army, $298,815,000.
- (15) For Environmental Restoration, Navy, $316,103,000.
- (16) For Environmental Restoration, Air Force, $439,820,000.
- (17) For Environmental Restoration, Defense-wide, $10,757,000.
- (18) For Environmental Restoration, Formerly Used Defense Sites, $237,443,000.
- (19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $109,500,000.
- (20) For Cooperative Threat Reduction programs, $528,455,000.
- (21) For Overseas Contingency Operations Transfer Fund, $5,000,000.
## Sec. 311 Deadline for submission of reports on proposed budgets for activities relating to operational energy strategy
- Section 53912 138c(e) of title 46, 10, United States Code, is amended by striking “December 31, 2015” and inserting “December 31, 2020”.amended—
- (1) in paragraph (4), by striking “Not later than 30 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year” and inserting “The Secretary of Defense shall submit to Congress a report on the proposed budgets for a fiscal year”; and
- (2) by adding at the end the following new paragraph:
- “(6) The report required by paragraph (4) for a fiscal year shall be submitted by the later of the following dates:
- “(A) The date that is 30 days after the date on which the budget for that fiscal year is submitted to Congress pursuant to section 1105 of title 31.
- “(B) March 31 of the previous fiscal year.”
## Sec. 312 Facilitation of interagency cooperation in conservation programs of the Departments of Defense, Agriculture, and Interior to avoid or reduce adverse impacts on military readiness activities
- (a) Use of funds under certain agreements— Section 2684a of title 10, United States Code, is amended—
- (1) by redesignating subsections (h) and (i) as subsections (i) and (j); and
- (2) by inserting after subsection (g) the following new subsection (h):
- “(h) Interagency cooperation in conservation programs To avoid or reduce adverse impacts on military readiness activities—In order to facilitate interagency cooperation and enhance the effectiveness of actions that will protect both the environment and military readiness, the recipient of funds provided pursuant an agreement under this section or under the Sikes Act (16 U.S.C. et seq.) may, with regard to the lands and waters within the scope of the agreement, use such funds to satisfy any matching funds or cost-sharing requirement of any conservation program of the Department of Agriculture or the Department of the Interior notwithstanding any limitation of such program on the source of matching or cost-sharing funds.”
- (b) Sunset— This section and subsection (h) of section 2684a of title 10, United States Code, as added by this section, shall expire on October 1, 2019, except that any agreement referred to in such subsection that is entered into on or before September 30, 2019, shall continue according to its terms and conditions as if this section has not expired.
- Section 351(a)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 221 note) is amended by striking “in excess of $30,000,000” and all that follows and inserting “(as computed in fiscal year 2000 constant dollars) in excess of $32,000,000 or an estimated total cost for the future-years defense program for which the budget is submitted (as computed in fiscal year 2000 constant dollars) in excess of $378,000,000, for all expenditures, for all increments, regardless of the appropriation and fund source, directly related to the assets definition, design, development, deployment, sustainment, and disposal.”.
## Sec. 313 Reauthorization of Sikes Act
- Section 108 of the Sikes Act (16 U.S.C. 670f) is amended by striking “fiscal years 2009 through 2014” each place it appears and inserting “fiscal years 2014 through 2019”.
- (a) Coverage of certain travel, transportation, and subsistence expenses— Section 401(c) of title 10, United States Code, is amended by inserting after paragraph (1) the following new paragraph (2):
- “(2) Expenses covered by paragraph (1) include travel, transportation, and subsistence expenses of Department of Defense personnel for purposes of evaluating the scope of a humanitarian or civic assistance activity under this section or conducting assessments of such activities, except that the total value of such expenses incurred with respect to any activity may not exceed 10 percent of the activity value.”
- (b) Clerical amendment— Such section is further amended by redesignating paragraph (4) as paragraph (3).
## Sec. 314 Cooperative agreements under Sikes Act for land management related to Department of Defense readiness activities — added
- (a) Multiyear agreements To fund long-Term management— Subsection (b) of section 103A of the Sikes Act (16 U.S.C. 670c–1) is amended—
- (1) by inserting “(1)” before “Funds”; and
- (2) by adding at the end the following new paragraph:
- “(2) In the case of a cooperative agreement under subsection (a)(2), funds referred to in paragraph (1)—
- “(A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and
- “(B) may be invested by the recipient in accordance with the recipient’s own guidelines for the management and investment of financial assets, and any interest or income derived from such investment may be applied for the same purposes as the principal.”
- (b) Availability of funds and relation to other laws— Subsection (c) of such section is amended to read as follows:
- “(c) Availability of funds and relation to other laws
- “(1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.
- “(2) Notwithstanding chapter 63 of title 31, United States Code, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government.
- “(3) Amounts available to the Department of Defense that are provided to any Federal, State, local, or nongovernmental entity for conservation and rehabilitation of natural resources in an area that is not on a military installation—
- “(A) may only be used for payment of direct costs associated with the management of such area; and
- “(B) may be used to pay not more than 3 percent of total project administrative costs, fees, and management charges.
- “(4) Amounts available to the Department of Defense may not be used under this Act to acquire fee title interest in real property for natural resources projects that are not on a military installation.”
- (c) Annual audits— Such section is further amended by adding at the end the following new subsection:
- “(d) Annual audits—The Inspector General of the Department of Defense shall annually audit each natural resources project funded with amounts available to the Department of Defense under this Act that is not on a military installation.”
- (d) Sunset— This section and the provisions of law enacted by the amendments made by this section shall expire on October 1, 2019, except that any cooperative agreement referred to in such provisions that is entered into on or before September 30, 2019, shall continue according to its terms and conditions as if this section has not expired.
## Sec. 315 Exclusions from definition of “chemical substance” under Toxic Substances Control Act — added
- Section 3(2)(B)(v) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)(v)) is amended by striking “, and” and inserting ‘‘and any component of such an article (including, without limitation, shot, bullets and other projectiles, propellants when manufactured for or used in such an article, and primers), and’’.
## Sec. 316 Exemption of Department of Defense from alternative fuel procurement requirement — added
- Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is amended by adding at the end the following: “This section shall not apply to the Department of Defense.”.
## Sec. 317 Clarification of prohibition on disposing of waste in open-air burn pits — added
- 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:
- (1) Tires.
- (2) Treated wood.
- (3) Batteries.
- (4) Plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream.
- (5) Munitions and explosives, the destruction of which is covered in Department of Defense Instruction 6055.09-M (Reference (i)).
- (6) Compressed gas cylinders, unless empty with valves removed.
- (7) Fuel containers, unless completely evacuated of its contents.
- (8) Aerosol cans.
- (9) Polychlorinated biphenyls.
- (10) Petroleum, oils, and lubricants products (other than waste fuel for initial combustion).
- (11) Asbestos.
- (12) Mercury.
- (13) Foam tent material.
- (14) Any item containing any of the materials referred to in a preceding paragraph.
## Sec. 318 Limitation on plan, design, refurbishing, or construction of biofuels refineries — added
- Notwithstanding any other provision of law, the Secretary of Defense may not enter into a contract for the planning, design, refurbishing, or construction of a biofuels refinery any other facility or infrastructure used to refine biofuels unless such planning, design, refurbishing, or construction is specifically authorized by law.
## Sec. 319 Limitation on procurement of biofuels — added
- (a) In general— Except as provided in subsection (b), none of the amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be used to purchase or produce biofuels until the earlier of the following dates:
- (1) The date on which the cost of the biofuel is equal to the cost of conventional fuels purchased by the Department.
- (2) The date on which the Budget Control Act of 2011 (Public Law 112–25), and the sequestration in effect by reason of such Act, are no longer in effect.
- (b) Exceptions— The limitation under subsection (a) shall not apply to biofuels purchased—
- (1) in limited quantities necessary to complete test and certification; or
- (2) for the biofuel research and development efforts of the Department.
## Sec. 321 Littoral Combat Ship Strategic Sustainment Plan — added
- (a) In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees and to the Comptroller General of the United States a strategic sustainment plan for the Littoral Combat Ship. Such plan shall include each of the following:
- (1) An estimate of the cost and schedule of implementing the plan.
- (2) An identification of the requirements and planning for the long-term sustainment of the Littoral Combat Ship and its mission modules in accordance with section 2366b of title 10, United States Code, as amended by section 801 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1482).
- (3) A description of the current and future operating environments of the Littoral Combat Ship, as specified or referred to in strategic guidance and planning documents of the Department of Defense.
- (4) The facility, supply, and logistics systems requirements of the Littoral Combat Ship when forward deployed, and an estimate of the cost and personnel required to conduct the necessary maintenance activities.
- (5) Any required updates to host-nation agreements to facilitate the forward-deployed maintenance requirements of the Littoral Combat Ship, including a discussion of overseas management of Ship ordnance and hazardous materials and delivery of equipment and spare parts needed for emergent repair.
- (6) An evaluation of the forward-deployed maintenance requirements of the Littoral Combat Ship and a schedule of pier-side maintenance timelines when forward-deployed, including requirements for multiple ships and variants.
- (7) An assessment of the total quantity of equipment, spare parts, permanently forward-stationed personnel, and size of fly away teams required to support forward-deployed maintenance requirements for the U.S.S. Freedom while in Singapore, and estimates for follow-on deployments of Littoral Combat Ships of both variants.
- (8) A detailed description of the continuity of operations plans for the Littoral Combat Ship Squadron and of any plans to increase the number of Squadron personnel.
- (9) An identification of mission critical single point of failure equipment for which a sufficient number spare parts are necessary to have on hand, and determination of Littoral Combat Ship forward deployed equipment and spare parts locations and levels.
- (b) Form— The plan required under subsection (a) shall be submitted in unclassified form but may have a classified annex.
## Sec. 322 Review of critical manufacturing capabilities within Army arsenals — added
- (a) Review— The Secretary of Defense, in consultation with the Secretaries of the military departments and the directors of the Defense Agencies, shall conduct a review of the current and expected manufacturing requirements across the Department of Defense to identify critical manufacturing competencies, supplies, components, end items, parts, assemblies, and sub-assemblies for which no or a limited domestic commercial source exists. In conducting the review under this section, the Secretary—
- (1) shall assess which of the competencies for which no or a limited domestic commercial source exists could be executed by an arsenal owned by the United States; and
- (2) may review other manufacturing capabilities, as the Secretary determines appropriate, to determine if such capabilities could be executed by an arsenal owned by the United States.
- (b) Congressional briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary shall brief the congressional defense committees on the results of the review conducted under subsection (a).
## Sec. 323 Inclusion of Army arsenals capabilities in solicitations — added
- (a) Determination of use of arsenals—
- (1) Solicitation of information— When undertaking a make-or-buy analysis, a Program Executive Officer or Program Manager of a military service or Defense Agency shall solicit information from an arsenal owned by the United States regarding the capability of the arsenal to fulfill a manufacturing requirement.
- (2) Submittal of material solution— Upon a determination, that an arsenal owned by the United States is capable of fulfilling a manufacturing requirement, a Program Executive Officer or Program Manager shall allow the arsenal to submit a material solution in response to the requirement.
- (b) Notification of solicitations— When issuing a solicitation, a Program Executive Officer or Program Manager shall notify each arsenal owned by the United States of any manufacturing requirement that the arsenal has the capability to fulfill and allow the arsenal to submit a proposal in response to the requirement.
## Sec. 331 Additional reporting requirements relating to personnel and unit readiness — added
- (a) Assessment of assigned missions and contractor support— Section 482 of title 10, United States Code, is amended—
- (1) by redesignating subsection (g) as subsection (j); and
- (2) by inserting after subsection (f) the following new subsections:
- “(g) Combatant command assigned mission assessments
- “(1) Each report shall also include an assessment by each commander of a geographic or functional combatant command of the ability of the command to successfully execute each of the assigned missions of the command. Each such assessment for a combatant command shall also include a list of the mission essential tasks for each assigned mission of the command and an assessment of the ability of the command to successfully complete each task within prescribed timeframes.
- “(2) For purposes of this subsection, the term “assigned mission” means any contingency response program plan, theater campaign plan, or named operation that is approved and assigned by the Joint Chiefs of Staff.
- “(h) Risk assessment of dependence on contractor support—Each report shall also include an assessment by the Chairman of the Joint Chiefs of Staff of the level of risk incurred by using contract support in contingency operations as required under Department of Defense Instruction 1100.22, “Policies and Procedures for Determining Workforce Mix”.
- “(i) Combat support agencies assessment
- “(1) Each report shall also include an assessment by the Secretary of Defense of the military readiness of the combat support agencies, including, for each such agency—
- “(A) a determination with respect to the responsiveness and readiness of the agency to support operating forces in the event of a war or threat to national security, including—
- “(i) a list of mission essential tasks and an assessment of the ability of the agency to successfully perform those tasks;
- “(ii) an assessment of how the ability of the agency to accomplish the tasks referred to in subparagraph (A) affects the ability of the military departments and the unified and geographic combatant commands to execute operations and contingency plans by number;
- “(iii) any readiness deficiencies and actions recommended to address such deficiencies; and
- “(iv) key indicators and other relevant information related to any deficiency or other problem identified;
- “(B) any recommendations that the Secretary considers appropriate.
- “(2) In this subsection, the term “combat support agency” means any of the following Defense Agencies:
- “(A) The Defense Information Systems Agency.
- “(B) The Defense Intelligence Agency.
- “(C) The Defense Logistics Agency.
- “(D) The National Geospatial-Intelligence Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense).
- “(E) The Defense Contract Management Agency.
- “(F) The Defense Threat Reduction Agency.
- “(G) The National Reconnaissance Office.
- “(H) The National Security Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense) and Central Security Service.
- “(I) Any other Defense Agency designated as a combat support agency by the Secretary of Defense.”
- (b) Conforming amendment— Such section is further amended in subsection (a), by striking “and (f)” and inserting “(f), (g), (h), and (i)”.
## Sec. 332 Repeal of annual Comptroller General report on Army progress — added
- Section 323 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2146; 10 U.S.C. 229 note) is amended—
- (1) by striking subsection (d);
- (2) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and
- (3) in subsection (e), as so redesignated, by striking “or (d)”.
## Sec. 333 Revision to requirement for annual submission of information regarding information technology capital assets — added
- Section 351(a)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 221 note) is amended by striking “in excess of $30,000,000” and all that follows and inserting “(as computed in fiscal year 2000 constant dollars) in excess of $32,000,000 or an estimated total cost for the future-years defense program for which the budget is submitted (as computed in fiscal year 2000 constant dollars) in excess of $378,000,000, for all expenditures, for all increments, regardless of the appropriation and fund source, directly related to the assets definition, design, development, deployment, sustainment, and disposal.”.
## Sec. 341 Limitation on reduction of force structure at Lajes Air Force Base, Azores — added
- The Secretary of the Air Force may not reduce the force structure at Lajes Air Force Base, Azores, relative to the force structure at such Air Force Base as of October 1, 2013, until 30 days after the Secretary of Defense concludes the European Infrastructure Consolidation Assessment initiated by the Secretary on January 25, 2013, and briefs the congressional defense committees regarding such Assessment. Such briefing shall include a specific assessment of the efficacy of Lajes Air Force Base, Azores, in supporting the United Stated overseas force posture.
## Sec. 342 Prohibition on performance of Department of Defense flight demonstration teams outside the United States — added
- (a) Prohibition— None of the funds authorized to be appropriated or otherwise available to the Secretary of Defense for fiscal year 2014 or 2015 may be used for the performance of flight demonstration teams under the jurisdiction of the Secretary at any location outside the United States.
- (b) United States— In this section, the term “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.
## Sec. 351 Requirement to establish policy on joint combat uniforms — added
- (a) Establishment of policy— It is the policy of the United States that by not later than October 1, 2018, the Secretary of Defense shall require all military services to use a joint combat camouflage uniform, including color and pattern variants designed for specific combat environments.
- (b) Prohibition— Except as provided in subsection (c), each military service shall be prohibited from adopting a new combat camouflage uniform, unless—
- (1) the combat camouflage utility uniform will be a joint uniform adopted by all military services; or
- (2) the military services adopt a uniform currently in use by another military service.
- (c) Exceptions— Nothing in subsection (b) shall be construed as—
- (1) prohibiting the development or fielding of combat and camouflage utility uniforms for use by personnel assigned to or operating in support of the unified combatant command for special operations forces described in section 167 of title 10, United States Code;
- (2) prohibiting the military services from fielding ancillary uniform items, including headwear, footwear, or other such items as determined by the Secretaries of the military departments; or
- (3) prohibiting the military services from issuing working or vehicle crew uniforms.
- (d) Guidance required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to implement this section. At a minimum, such guidance shall—
- (1) require the Secretaries of the military departments to collaborate on the development of joint criteria for the design, development, fielding, and characteristics of combat camouflage uniforms;
- (2) require the Secretaries of the military departments to ensure that new combat and camouflage utility uniforms meet the geographic and operational requirements of the commanders of the combatant commands; and
- (3) require the Secretaries of the military departments to ensure that all new combat and camouflage utility uniforms achieve interoperability with other components of individual war fighter systems, including organizational clothing and individual equipment such as body armor and other individual protective systems.
- (e) Waiver— The Secretary of Defense may waive the prohibition in subsection (b) if the Secretary certifies to Congress that there are exceptional operational circumstances that require the development or fielding of a new combat camouflage uniform.
- (f) Repeal of policy— Section 352 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84, 123 Stat. 2262; 10 U.S.C. 771 note prec.) is hereby repealed.
## Sec. 402 Revision in permanent active duty end strength minimum levels — added
- Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:
- “(1) For the Army, 520,000.
- “(2) For the Navy, 323,600.
- “(3) For the Marine Corps, 190,200.
- “(4) For the Air Force, 327,600.”
## Sec. 411 End strengths for Selected Reserve
- (a) In general— The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2014, as follows:
- (1) The Army National Guard of the United States, 354,200.
- (2) The Army Reserve, 205,000.
- (3) The Navy Reserve, 59,100.
- (4) The Marine Corps Reserve, 39,600.
- (5) The Air National Guard of the United States, 105,400.
- (6) The Air Force Reserve, 70,400.
- (7) The Coast Guard Reserve, 9,000.
- (b) End strength reductions— The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
- (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
- (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
- (c) End strength increases— Whenever units or individual members of the Selected Reserve for of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
## Sec. 414 Fiscal year 2014 limitation on number of non-dual status technicians
- (a) Limitations—
- (1) National guard— Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2014, may not exceed the following:
- (A) For the Army National Guard of the United States, 1,600.
- (B) For the Air National Guard of the United States, 350.
- (2) Army reserve— The number of non-dual status technicians employed by the Army Reserve as of September 30, 2014, may not exceed 595.
- (3) Air force reserve— The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2014, may not exceed 90.
- (b) Non-Dual Non-dual status technicians defined— In this section, the term “non-dual status technician” has the meaning given that term in section 10217(a) of title 10, United States Code.
## Sec. 421 Military personnel
- (a) Authorization of appropriations— There is Funds are hereby authorized to be appropriated for military personnel for fiscal year 2014 a total for the use of $130,399,881,000.the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
- (b) Construction of authorization— The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2014.
## Sec. 501 Limitations on number of general and flag officers on active duty
- (a) Per-service limitations; limited joint duty exclusions— Section 526 of title 10, United States Code, as amended by section 502 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1387) and section 501(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1714), is amended—
- (1) in subsection (a)—
- (A) in paragraph (1), by striking “231” and inserting “226”
- (B) in paragraph (2), by striking “162” and inserting “157”; and
- (C) in paragraph (3), by striking “198” and inserting “193”; and
- (2) in subsection (b)—
- (A) in paragraph (1), by striking “310” and inserting “300”; and
- (B) in paragraph (2)—
- (i) in subparagraph (A), by striking “85” and inserting “81”;
- (ii) in subparagraph (B), by striking “61” and inserting “59”;
- (iii) in subparagraph (C), by striking “73” and inserting “70”; and
- (iv) in subparagraph (D), by striking “21” and inserting “20”.
- Section 14704(a) of title 10, United States Code, is amended—
- (b) Effective date— The amendments made by inserting “(1)” after “Active-Status List.—”;this section shall take effect on October 1, 2014.
- (2) by striking “all”;
- (3) by striking “, in the number specified by the Secretary by each grade and competitive category”; and
- (4) by adding at the end the following new paragraphs:
- “(2) The Secretary of the military department concerned shall specify the number of officers described in paragraph (1) that a selection board convened under section 14101(b) of this title may recommend for removal from the reserve active-status list.
- “(3) When the Secretary of the military department concerned submits a list of officers to a selection board convened under section 14101(b) of this title to consider officers for selection for removal from the reserve active-status list under this section, such list (except as provided in paragraph (4)) shall include each officer on the reserve active-status list in the same grade and competitive category whose position on the reserve active-status list is between that of the most junior officer in that grade and competitive category whose name is submitted to the board and that of the most senior officer in that grade and competitive category whose name is submitted to the board.
- “(4) A list under paragraph (3) may not include an officer in that grade and competitive category who has been approved for voluntary retirement or who is to be involuntary retired under any provision of law during the fiscal year in which the selection board is convened or during the following fiscal year.”
## Sec. 511 Minimum notification requirements for members of reserve components before deployment or cancellation of deployment related to a contingency operation
- Section 12301 of title 10, United States Code, is amended—
- (a) Removal of restrictions— Chapter 3 of title 32, United States Code, is amended by adding at the end the following new section:
- “311. Active and inactive National Guard; transfer of officers
- “During the period ending on December 31, 2016, nothing in this chapter shall prevent any of the following:
- “(1) An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard from being transferred from the active Army National Guard to the inactive Army National Guard.
- “(2) An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard from being transferred from the active Air National Guard to the inactive Air National Guard.
- “(3) An officer of the Army National Guard transferred to the inactive Army National Guard from being transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.
- “(4) An officer of the Air National Guard transferred to the inactive Air National Guard from being transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.”
- (1) Clerical amendment— The table of sections at the beginning of such chapter is amended in subsection (e), by adding at the end striking “The period” and inserting “Subject to subsection (i), the following new item:period”; and
- (2) by adding at the end the following new subsection:
- “(i)
- “(1) The Secretary concerned shall provide not less than 120 days advance notice to a unit of the reserve components that—
- “(A) will be ordered to active duty for deployment in connection with a contingency operation; or
- “(B) having been notified of such a deployment, has such deployment canceled, postponed, or otherwise altered.
- “(2) If a member of the reserve components is not assigned to a unit organized to serve as a unit or is to be ordered to active duty apart from the member’s unit, the required notice under paragraph (1) shall be provided directly to the member.
- “(3) If the Secretary concerned fails to provide timely notification as required by paragraph (1) or (2), the Secretary concerned shall submit, within 30 days after the date of the failure, written notification to the Committees on Armed Services of the House of Representatives and the Senate explaining the reason for the failure and the units and members of the reserve components affected.”
## Sec. 512 Information to be provided to boards considering officers for selective early removal from reserve active-status list
- (a) Authority To maintain active and inactive status lists in the inactive national guard—Officers to be considered; exclusions— Section 303 14704(a) of title 32, 10, United States Code, is amended by adding at the end the following new subsection:amended—
- (1) by inserting “(1)” before “Whenever” ;
- (2) by striking “all officers on that list” and inserting “officers on the reserve active-status list”;
- (3) by striking “the reserve active-status list, in the number specified by the Secretary by each grade and competitive category.” and inserting “that list.”; and
- (4) by adding at the end the following new paragraphs:
- “(2) Except as provided in paragraph (3), the list of officers in a reserve component whose names are submitted to a board under paragraph (1) shall include each officer on the reserve active-status list for that reserve component in the same grade and competitive category whose position on the reserve active-status list is between—
- “(A) that of the most junior officer in that grade and competitive category whose name is submitted to the board; and
- “(B) that of the most senior officer in that grade and competitive category whose name is submitted to the board.
- “(3) A list submitted to a board under paragraph (1) may not include an officer who—
- “(A) has been approved for voluntary retirement; or
- “(B) is to be involuntarily retired under any provision of law during the fiscal year in which the board is convened or during the following fiscal year.”
- “(d)
- “(1) The Secretary of the Army and the Secretary of the Air Force may maintain an active status list and an inactive status list of members in the inactive Army National Guard and the inactive Air National Guard, respectively.
- “(2) The total number of Army National Guard and Air National Guard members, combined, on the active status lists and the inactive status lists assigned to the inactive National Guard may not exceed 10,000 during any period.
- “(3) The total number of Army National Guard and Air National Guard members, combined, on the active status lists of the inactive National Guard may not exceed 4,000 during any period.
- “(4) The authority under this subsection expires at the close of December 31, 2016.”
- (b) Two-Way transfers Specification of members formerly enlisted in inactive national guard—number of officers who may be recommended for removal— Subsection (b) of such Such section is further amended—
- (1) by striking “Under such” at the beginning of the first sentence redesignating subsections (b) and inserting “(1) Except (c) as provided in paragraph (2) subsections (c) and under such”;(d), respectively; and
- (2) by striking “Under such” at the beginning of the second sentence and inserting “Except as provided in paragraph (2) and under such”; andafter subsection (a) the following new subsection:
- “(b) Specification of number of officers who may be recommended for separation—The Secretary of the military department concerned shall specify the number of officers described in subsection (a)(1) that a board may recommend for separation under subsection (c).”
- (3) by adding at the end the following new paragraph:
- “(2) During the period beginning on the date of the enactment of this paragraph and ending on December 31, 2016, an enlisted member of the active Army National Guard may be transferred to the inactive Army National Guard without regard to whether the member was formerly enlisted in the inactive Army National Guard and an enlisted member of the active Air National Guard may be transferred to the inactive Air National Guard without regard to whether the member was formerly enlisted in the inactive Air National Guard.”
- (c) Definition of “active status”— Section 101(d)(4) of title 10, United States Code, is amended by adding at the end the following new sentence: “However, in the case of members of the Army National Guard of the United States during any period during which there is an inactive status list for the inactive Army National Guard under section 303(d) of title 32, such term means the status of such a member who is not assigned to the inactive status list of the inactive Army National Guard, on another inactive status list, or in the Retired Reserve, and in the case of members of the Air National Guard of the United States during any period during which there is an inactive status list for the inactive Air National Guard under section 303(d) of title 32, such term means the status of such a member who is not assigned to the inactive status list of the inactive Air National Guard, on another inactive status list, or in the Retired Reserve.”.
- (d) Members in inactive status; training categories— Section 10141 of such title is amended by adding at the end the following new subsection:
- “(d)
- “(1) During any period during which there is an inactive status list for the inactive Army National Guard under section 303(d) of title 32—
- “(A) the first sentence of subsection (b) shall apply only with respect to Reserves assigned to the inactive Army National Guard who are assigned to the inactive status list; and
- “(B) the exclusion of the Army National Guard of the United States under the first sentence of subsection (c) shall be inapplicable.
- “(2) During any period during which there is an inactive status list for the inactive Air National Guard under section 303(d) of title 32—
- “(A) the first sentence of subsection (b) shall apply only with respect to Reserves assigned to the inactive Air National Guard who are assigned to the inactive status list; and
- “(B) the exclusion of the Air National Guard of the United States under the first sentence of subsection (c) shall be inapplicable.”
- (e) Computation of years of service for entitlement to retired pay— Paragraph (3) of section 12732(b) of such title is amended to read as follows:
- “(3) Service in the inactive National Guard (for any period other than a period during which there is an inactive status list for the inactive National Guard under section 303(d) of title 32) and service while assigned to the inactive status list of the inactive National Guard (for any period during which there is an inactive status list for the inactive National Guard under section 303(d) of title 32).”
- (f) Eligibility for inactive-Duty training pay— Section 206(c) of title 37, United States Code, is amended by adding at the end the following new sentence: “However, with respect to any period during which there is an inactive status list for the inactive National Guard under section 303(d) of title 32, the limitation in the preceding sentence shall be applicable to persons assigned to the inactive status list of the inactive National Guard, rather than to persons enlisted in the inactive National Guard.”.
- (g) Evaluation of the pilot program— By the end of the pilot period, the Department of Defense shall commission an independent study evaluating the effectiveness of using the active status Inactive National Guard to improve the readiness of the Army National Guard. The study should include, for each year of the pilot, information on—
- (1) how many personnel were transferred to the active status Inactive National Guard;
- (2) how many of these vacancies were filled with personnel new to the Army National Guard;
- (3) the additional cost of filling these positions; and
- (4) impact on drill and annual training participation rates.
## Sec. 513 Temporary authority to maintain active status and inactive status lists of members in the inactive National Guard
- (a) Authority to maintain active and inactive status lists in the inactive national guard—
- (1) Active and inactive status lists authorized— The Secretary of the Army and the Secretary of the Air Force may maintain an active status list and an inactive status list of members in the inactive Army National Guard and the inactive Air National Guard, respectively.
- (2) Total number on all lists at one time— The total number of members of the Army National Guard and members of the Air National Guard on the active status lists and the inactive status lists assigned to the inactive National Guard may not exceed a total of 10,000 at any time.
- (3) Total number on active status lists at one time— The total number of members of the Army National Guard and members of the Air National Guard on the active status lists of the inactive National Guard may not exceed 4,000 at any time.
- (4) Condition of implementation— Before the authority provided by this subsection is used to establish an active status list and an inactive status list of members in the inactive Army National Guard or the inactive Air National Guard, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a copy of the implementation guidance to be used to execute this authority.
- (a) In general— Section 709 of title 32, United States Code, is amended by adding at the end the following new subsection:
- “(j) A complaint of wrongful discrimination by a person employed under subsection (a) who is a military technician (dual status) and otherwise subject to the requirements of subsection (b) shall be considered a complaint of wrongful discrimination by a member of the armed forces.”
- (b) Effective date—Additional enlisted member transfer authority— The amendment made by subsection (a) shall apply with respect In addition to a complaint of wrongful discrimination initiated on or after the date transfer authority provided by section 303(b) of title 32, United States Code, while an inactive status list for the enactment of this Act.inactive National Guard exists—
- (1) an enlisted member of the active Army National Guard may be transferred to the inactive Army National Guard without regard to whether the member was formerly enlisted in the inactive Army National Guard; and
- (2) an enlisted member of the active Air National Guard may be transferred to the inactive Air National Guard without regard to whether the member was formerly enlisted in the inactive Air National Guard.
- (c) Removal of restrictions on transfer of officers— While an inactive status list for the inactive National Guard exists, nothing in chapter 3 of title 32, United States Code, shall be construed to prevent any of the following:
- (1) An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard from being transferred from the active Army National Guard to the inactive Army National Guard.
- (2) An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard from being transferred from the active Air National Guard to the inactive Air National Guard.
- (3) An officer of the Army National Guard transferred to the inactive Army National Guard from being transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.
- (4) An officer of the Air National Guard transferred to the inactive Air National Guard from being transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.
- (d) Status and training categories for members in inactive status— While an inactive status list for the inactive Army National Guard or inactive Air National Guard exists—
- (1) the first sentence of subsection (b) of section 10141 of title 10, United States Code, shall apply only with respect to members of the reserve components assigned to the inactive Army National Guard or inactive Air National Guard who are assigned to such inactive status list; and
- (2) the exclusion of the Army National Guard of the United States or Air National Guard of the United States under the first sentence of subsection (c) of such section shall not apply.
- (e) Eligibility for inactive-duty training pay— While an inactive status list for the inactive National Guard exists, the limitation on pay for inactive-duty training contained in section 206(c) of title 37, United States Code, shall apply only to persons assigned to the inactive status list of the inactive National Guard, rather than to all persons enlisted in the inactive National Guard.
- (f) Conforming amendments—
- (1) Modification of active status definition— Section 101(d)(4) of title 10, United States Code, is amended by adding at the end the following new sentence: “However, while an inactive status list for the inactive Army National Guard or inactive Air National Guard exists, such term means the status of a member of the Army National Guard of the United States or Air National Guard of the United States who is not assigned to the inactive status list of the inactive Army National Guard or inactive Air National Guard, on another inactive status list, or in the Retired Reserve.”.
- (2) Computation of years of service for entitlement to retired pay— Paragraph (3) of section 12732(b) of such title is amended to read as follows:
- “(3) Service in the inactive National Guard (for any period other than a period in which an inactive status list for the inactive National Guard exists) and service while assigned to the inactive status list of the inactive National Guard (for any period in which an inactive status list for the inactive National Guard exists).”
- (g) Evaluation of use of authority—
- (1) Independent study required— Before the end of the period specified in subsection (h), the Secretary of Defense shall commission an independent study to evaluate the effectiveness of using an active status list for the inactive National Guard to improve the readiness of the Army National Guard and the Air National Guard.
- (2) Elements— As part of the study required by this subsection, the entity conducting the study shall determine, for each year in which the temporary authority provided by subsection (a) is used—
- (A) how many members of the Army National Guard and the Air National Guard were transferred to the active status list of the inactive National Guard;
- (B) how many of these vacancies were filled with personnel new to the Army National Guard;
- (C) the additional cost of filling these positions; and
- (D) the impact on drill and annual training participation rates.
- (3) Additional consideration— The study required by this subsection also shall include an assessment of the impact of the use of the temporary authority provided by subsection (a) on medical readiness category 3B personnel transferred to the active status inactive National Guard, including—
- (A) how long it took them to complete the Integrated Disability Evaluation System (IDES) process; and
- (B) how satisfied they were with their unit’s management and collaboration during the IDES process.
- (4) Submission of results— Not later than 180 days after completion of the study required by this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the results of the study.
- (h) Duration of authority— The authority provided by subsection (a) for the maintenance of both an active status list and inactive status list of members in the inactive National Guard exists only during the period beginning on October 1, 2013, and ending on December 31, 2018.
## Sec. 514 Review of requirements and authorizations for reserve component general and flag officers in an active status — added
- (a) Review required— The Secretary of Defense shall conduct a review of the general officer and flag officer requirements for members of the reserve component in an active status.
- (b) Purpose of review— The purpose of the review is to ensure that the authorized strengths provided in section 12004 of title 10, United States Code, for reserve general officers and reserve flag officers in an active status—
- (1) are based on an objective requirements process and are sufficient for the effective management, leadership, and administration of the reserve components;
- (2) provide a qualified, sufficient pool from which reserve component general and flag officers can continue to be assigned on active duty in joint duty and in-service military positions;
- (3) reflect a review of the appropriateness and number of exemptions provided by subsections (b), (c), and (d) of section 12004 of title 10, United States Code;
- (4) reflect the efficiencies that can be achieved through downgrading or elimination of reserve component general or flag officer positions, including through the conversion of certain reserve component general or flag officer positions to senior civilian positions; and
- (5) are subjected to periodic review, control, and adjustment.
- (c) Report— Not later than 18 months 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 containing the results of the review, including such recommendations for changes in law and policy related to authorized reserve general and flag officers strengths as the Secretary considers to be appropriate.
## Sec. 515 Feasability study on establishing a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands — added
- (a) Study required— The Secretary of Defense shall conduct a study to determine the feasibility of establishing—
- (1) a unit of the National Guard in American Samoa; and
- (2) a unit of the National Guard in the Commonwealth of the Northern Mariana Islands.
- (b) Force structure elements of study— In conducting the study required under subsection (a), the Secretary of Defense shall consider the following:
- (1) The allocation of National Guard force structure and manpower to American Samoa and the Commonwealth of the Northern Mariana Islands in the event of the establishment of a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands, and the impact of this allocation on existing National Guard units in the 50 states, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and the District of Columbia.
- (2) The Federal funding that would be required to support pay, benefits, training operations, and missions of members of a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, based on the allocation derived from paragraph (1), and the equipment, including maintenance, required to support such force structure.
- (3) The presence of existing infrastructure to support a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, and the requirement for additional infrastructure, including information technology infrastructure, to support such force structure, based on the allocation derived from paragraph (1).
- (4) How a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Island would accommodate the National Guard Bureau’s “Essential Ten” homeland defense capabilities (i.e., aviation, engineering, civil support teams, security, medical, transportation, maintenance, logistics, joint force headquarters, and communications) and reflect regional needs.
- (5) The manpower cadre, both military personnel and full-time support, including National Guard technicians, required to establish, maintain, and sustain a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, and the ability of American Samoa and of the Commonwealth of the Northern Mariana Islands to support demographically a unit of the National Guard at each location.
- (6) The ability of a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands to maintain unit readiness and the logistical challenges associated with transportation, communications, supply/resupply, and training operations and missions.
- (c) Submission of results— 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 containing the results of the study conducted under subsection (a). The report shall also include the following:
- (1) A determination of whether the executive branch of American Samoa and of the Commonwealth of the Northern Mariana Islands has enacted and implemented statutory authorization for an organized militia as a prerequisite for establishing a unit of the National Guard, and a description of any other steps that such executive branches must take to request and carry out the establishment of a National Guard unit.
- (2) A list of any amendments to titles 10, 32, and 37, United States Code, that would have to be enacted by Congress to provide for the establishment of a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.
- (3) A description of any required Department of Defense actions to establish a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.
- (4) A suggested timeline for completion of the steps and actions described in the preceding paragraphs.
## Sec. 521 Review of Integrated Disability Evaluation System
- (a) Review— The Secretary of Defense shall conduct a review of—
- (a) Preservation of educational assistance entitlement for certain former members of the selected reserve— Extension— Paragraph (1)(B) of section 16133(b) of title 10, United States Code, is amended by striking “September 30, 2014” and inserting “December 31, 2018”.
- (1) Cross-reference amendments to reflect prior amendment— Such section is further amended by striking “clause (2) of” the backlog of pending cases in paragraphs the Integrated Disability Evaluation System with respect to members of the reserve components of the Armed Forces for the purpose of addressing the matters specified in paragraph (1) and (4)(B).of subsection (b); and
- (2) the improvements to the Integrated Disability Evaluation System specified in paragraph (2) of such subsection.
- (b) Basic educational assistance entitlement for service in the selective reserve—Report— Subparagraph (B)(iii) Not later than 180 days after the date of section 3012(b)(1) the enactment of title 38, United States Code, is amended by inserting “or this Act, the period beginning Secretary shall submit to the Committees on October 1, 2013, Armed Services of the House of Representatives and ending the Senate a report on December 31, 2018,” after “September 30, 1999,”.the review under subsection (a). Such report shall include the following:
- (1) With respect to the reserve components of the Armed Forces—
- (A) the number of pending cases that exist as of the date of the report, listed by military department, component, and, with respect to the National Guard, State;
- (B) as of the date of the report, the average time it takes to process a case in the Integrated Disability Evaluation System;
- (C) a description of the steps the Secretary will take to resolve the backlog of cases in the Integrated Disability Evaluation System; and
- (D) the date by which the Secretary plans to resolve such backlog for each military department.
- (2) With respect to the regular components and reserve components of the Armed Forces—
- (A) a description of the progress being made to transition the Integrated Disability Evaluation System to an integrated and readily accessible electronic format that a member of the Armed Forces may access and see the status of the member during each phase of the system;
- (B) an estimate of the cost to complete the transition to an integrated and readily accessible electronic format; and
- (C) an assessment of the feasibility of improving in-transit visibility of pending cases, including by establishing a method of tracking a pending case when a military treatment facility is assigned a packet and pending case for action regarding a member.
- (c) Pending case defined— In this section, the term pending case means a case involving a member of the Armed Forces who, as of the date of the review under subsection (a), is within the Integrated Disability Evaluation System and has been referred to a medical evaluation board.
## Sec. 522 Compliance requirements for organizational climate assessments
- (a) Verification and tracking requirements— The Secretary of Defense shall direct the Secretaries of the military departments to verify and track the compliance of commanding officers in conducting organizational climate assessments required as part of the comprehensive policy for the Department of Defense sexual assault prevention and response program pursuant to section 572(a)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1753).
- Section 2151(b) of title 10, United States Code, is amended—
- (b) Implementation— by adding at No later than 90 days after the end date of paragraph (1) the following new subparagraph:enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing—
- (1) a description of the progress of the development of the system that will verify and track the compliance of commanding officers in conducting organizational climate assessments; and
- (2) an estimate of when the system will be completed and implemented.
- “(E) The senior-level course of the School of Advanced Military Studies of the United States Army Command and General Staff College.”
- (2) in paragraph (2)(A), by inserting before the period at the end the following: “(other than with respect to the course specified in paragraph (1)(E))”.
## Sec. 523 Command responsibility and accountability for remains of members of the Army, Navy, Air Force, and Marine Corps who die outside the United States — added
- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall take such steps as may be necessary to ensure that there is continuous, designated military command responsibility and accountability for the care, handling, and transportation of the remains of each deceased member of the Army, Navy, Air Force, or Marine Corps who died outside the United States, beginning with the initial recovery of the remains, through the defense mortuary system, until the interment of the remains or the remains are otherwise accepted by the person designated as provided by section 1482(c) of title 10, United States Code, to direct disposition of the remains.
## Sec. 524 Contents of Transition Assistance Program — added
- (a) In general— Section 1144 of title 10, United States Code, is amended—
- (1) in subsection (b), by adding at the end the following new paragraph:
- “(9) Provide information about disability-related employment and education protections.”
- (2) by redesignating subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively; and
- (3) by inserting after subsection (b) the following new subsection (c):
- “(c) Additional elements of program—The mandatory program carried out by this section shall include—
- “(1) for any such member who plans to use the member’s entitlement to educational assistance under title 38—
- “(A) instruction providing an overview of the use of such entitlement; and
- “(B) courses of post-secondary education appropriate for the member, courses of post-secondary education compatible with the member’s education goals, and instruction on how to finance the member’s post-secondary education; and
- “(2) instruction in the benefits under laws administered by the Secretary of Veterans Affairs and in other subjects determined by the Secretary concerned.”
- (b) Deadline for implementation— The program carried out under section 1144 of title 10, United States Code, shall comply with the requirements of subsections (b)(9) and (c) of such section, as added by subsection (a), by not later than April 1, 2015.
- (c) Feasibility study— Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate and the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives the results of a study carried out by the Secretary to determine the feasibility of providing the instruction described in subsection (b) of section 1142 of title 10, United States Code, at all overseas locations where such instruction is provided by entering into a contract jointly with the Secretary of Labor for the provision of such instruction.
## Sec. 525 Procedures for judicial review of military personnel decisions relating to correction of military records — added
- (a) Availability of Judicial review; limitations—
- (1) In general— Chapter 79 of title 10, United States Code, is amended by adding at the end the following new section:
- “1560. Judicial review of decisions relating to correction of military records
- “(a) Availability of judicial review
- “(1) In general—Pursuant to sections 1346 and 1491 of title 28 and chapter 7 of title 5 any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter.
- “(2) Records correction final decision defined—In this section, the term “records correction final decision” means any of the following decisions:
- “(A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title.
- “(B) A final decision issued by the Secretary concerned pursuant to section 1034(f) of this title.
- “(C) A final decision issued by the Secretary of Defense pursuant to section 1034(g) of this title.
- “(b) Exhaustion of administrative remedies
- “(1) General rule—Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless—
- “(A) the petitioner has requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title); and
- “(B) the Secretary concerned has rendered a final decision denying that correction in whole or in part.
- “(2) Whistleblower cases—When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner does seek such review, judicial review may not be sought until the earlier of the following occurs:
- “(A) The Secretary of Defense makes a decision in the matter.
- “(B) The period specified in section 1034(g) of this title for the Secretary to make a decision in the matter expires.
- “(3) Class actions—If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified.
- “(4) Timeliness—Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction.
- “(c) Statutes of limitation
- “(1) Six years from final decision—A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision.
- “(2) Six years for certain claims that may result in payment of money
- “(A) In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such six-year period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision.
- “(B) Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money, other than payments made under chapter 73 of this title, either under a court order or under a subsequent administrative determination.
- “(d) Habeas corpus—This section does not affect any cause of action arising under chapter 153 of title 28.”
- (2) Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
- (b) Effect of denial of request for correction of records when prohibited personnel action alleged—
- (1) Notice of denial; procedures for judicial review— Subsection (f) of section 1034 of such title is amended by adding at the end the following new paragraph:
- “(7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member—
- “(A) a concise written statement of the basis for the decision; and
- “(B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.”
- (2) Secretary of defense review; notice of denial— Subsection (g) of such section is amended—
- (A) by inserting “(1)” before “Upon the completion of all”; and
- (B) by adding at the end the following new paragraph:
- “(2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member—
- “(A) a concise written statement of the basis for the decision; and
- “(B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.”
- (3) Sole basis for judicial review— Such section is further amended—
- (A) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
- (B) by inserting after subsection (g) the following new subsection (h):
- “(h) Judicial review
- “(1) A decision of the Secretary of Defense under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.
- “(2) In a case in which review by the Secretary of Defense under subsection (g) was not sought, a decision of the Secretary of a military department under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.
- “(3) A decision by the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.”
- (c) Effect of denial of other requests for correction of military records— Section 1552 of such title is amended by adding at the end the following new subsections:
- “(h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant—
- “(1) a concise written statement of the basis for the decision; and
- “(2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.
- “(i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.”
- (d) Effective date and application—
- (1) In general— The amendments made by this section shall take effect on January 1, 2015, and shall apply to all final decisions of the Secretary of Defense under section 1034(g) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(f) or 1552 of such title rendered on or after such date.
- (2) Treatment of existing cases— This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in paragraph (1).
- (e) Implementation— The Secretary of a military department and the Secretary of Homeland Security (in the case of the Coast Guard when it is not operating as a service in the Department of the Navy) may prescribe regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. Regulations or interim guidance prescribed by the Secretary of a military department may not take effect until approved by the Secretary of Defense.
## Sec. 526 Establishment and use of consistent definition of gender-neutral occupational standard for military career designators — added
- (a) Establishment of definitions— Section 543 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 113 note) is amended by adding at the end the following new subsection:
- “(d) Definitions—In this section:
- “(1) Gender-neutral occupational standard—The term “gender-neutral occupational standard”, with respect to a military career designator, means that all members of the Armed Forces serving in or assigned to the military career designator must meet the same physical and performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed while serving in or assigned to the military career designator.
- “(2) Military career designator—The term “military career designator” refers to—
- “(A) in the case of enlisted members and warrant officers of the Armed Forces, military occupational specialties, specialty codes, enlisted designators, enlisted classification codes, additional skill identifiers, and special qualification identifiers; and
- “(B) in the case of commissioned officers (other than commissioned warrant officers), officer areas of concentration, occupational specialties, specialty codes, additional skill identifiers, and special qualification identifiers.”
- (b) Use of definitions— Such section is further amended—
- (1) in subsection (a)—
- (A) in the matter preceding paragraph (1), by striking “military occupational career field” and inserting “military career designator”; and
- (B) in paragraph (1), by striking “common, relevant performance standards” and inserting “an occupational standard”;
- (2) in subsection (b)—
- (A) in paragraph (1)—
- (i) by striking “any military occupational specialty” and inserting “any military career designator”; and
- (ii) by striking “requirements for members in that specialty and shall ensure (in the case of an occupational specialty” and inserting “requirements as part of the gender-neutral occupational standard for members in that career designator and shall ensure (in the case of a career designator”; and
- (B) in paragraph (2)—
- (i) by striking “an occupational specialty” and inserting “a military career designator”;
- (ii) by striking “that occupational specialty” and inserting “that military career designator”; and
- (iii) by striking “that specialty” and inserting “that military career designator”; and
- (3) in subsection (c)—
- (A) by striking “the occupational standards for a military occupational field” and inserting “the gender-neutral occupational standard for a military career designator”; and
- (B) by striking “that occupational field” and inserting “that military career designator”.
## Sec. 527 Expansion and enhancement of authorities relating to protected communications of members of the Armed Forces and prohibited retaliatory actions — added
- (a) Expansion of prohibited retaliatory personnel actions— Subsection (b) of section 1034 of title 10, United States Code, is amended—
- (1) in paragraph (1)(B)—
- (A) by striking “or” at the end of clause (iv);
- (B) by redesignating clause (v) as clause (vi); and
- (C) by inserting after clause (iv) the following new clause (v):
- “(v) a court-martial proceeding; or”
- (2) in paragraph (2), by inserting after “any favorable action” the following: “, or a significant change in a member's duties, responsibilities, or working conditions”.
- (b) Inspector General investigations of allegations— Subsection (c) of such section is amended—
- (1) in paragraph (1), by striking “paragraph (3)” and inserting “paragraph (4)”;
- (2) in paragraph (2), by striking subparagraph (A) and inserting the following new subparagraph (A):
- “(A) Any violation of any law, rule, or regulation, including a law or regulation prohibiting rape, sexual assault, or other sexual misconduct in sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment or unlawful discrimination.”
- (3) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively;
- (4) by inserting after paragraph (2) the following new paragraph (3):
- “(3) A communication described in paragraph (2) shall not be excluded from the protections provided in this section because—
- “(A) the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2);
- “(B) the communication revealed information that had previously been communicated;
- “(C) of the member’s motive for making the communication;
- “(D) the communication was not made in writing;
- “(E) the communication was made while the member was off duty;
- “(F) the communication was made during the normal course of duties of the member.”
- (5) in subparagraph (D) of paragraph (4), as redesignated by paragraph (3) of this subsection, by inserting before the period at the end of the second sentence the following: “, with the consent of the member”;
- (6) in paragraph (5), as so redesignated—
- (A) by striking “paragraph (3)(A)” and inserting “paragraph (4)(A)”;
- (B) by striking “paragraph (3)(D)” and inserting “paragraph (4)(D)”; and
- (C) by striking “60 days” and inserting “one year”.
- (c) Inspector General investigations of underlying allegations— Subsection (d) of such section is amended by striking “subparagraph (A) or (B) of subsection (c)(2)” and inserting “subparagraph (A), (B), or (C) of subsection (c)(2)”.
- (d) Reports on investigations— Subsection (e) of such section is amended—
- (1) in paragraph (1)—
- (A) by striking “subsection (c)(3)(E)” both places it appears and inserting “subsection (c)(4)(E)”;
- (B) by striking “the Secretary of Defense” and inserting “the Secretary of the military department concerned”;
- (C) by striking “to the Secretary,” and inserting “to such Secretary,”;
- (2) in paragraph (3), by striking “the Secretary of Defense” and inserting “the Secretary of the military department concerned”;
- (3) in paragraph (4), by striking the second sentence and inserting the following new sentence: “The report shall include an explicit determination as to whether a personnel action prohibited by subsection (b) has occurred and a recommendation as to the disposition of the complaint, including appropriate corrective action for the member.”.
- (e) Action in case of violations— Section 1034 of title 10, United States Code, is further amended—
- (1) by redesignating subsections (i) and (j), as redesignated by section 525(b) of this Act, as subsections (k) and (l), respectively; and
- (2) by inserting after subsection (h), as added by section 525(b), the following new subsection:
- “(i) Action in case of violations
- “(1) If an Inspector General reports under subsection (e) that a personnel action prohibited by subsection (b) has occurred, not later than 30 days after receiving such report from the Inspector General, the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, shall order such action as is necessary to correct the record of a personnel action prohibited by subsection (b), taking into account the recommendations in the report by the Inspector General. Such Secretary shall take any appropriate disciplinary action against the individual who committed such prohibited personnel action.
- “(2) If the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, determines that an order for corrective or disciplinary action is not appropriate, not later than 30 days after making the determination, such Secretary shall—
- “(A) provide to the Secretary of Defense, the Committees on Armed Services of the Senate and the House of Representatives, and the member or former member, a notice of the determination and the reasons for not taking action; and
- “(B) refer the report to the appropriate board for the correction of military records for further review under subsection (g).”
- (f) Correction of records— Subsection (f) of such section is amended—
- (1) in paragraph (2)(C), by striking “may” and inserting “upon the request of the member or former member, after an initial determination that a complaint is not frivolous and has not previously been addressed by the board, shall”; and
- (2) in paragraph (3)—
- (A) in the matter preceding subparagraph (A), by striking “board elects to hold” and inserting “board holds”; and
- (B) in subparagraph (A)—
- (i) by striking “may be provided” and inserting “shall be provided”; and
- (ii) in clause (ii), by striking “the case is unusually complex or otherwise requires” and inserting “the member or former member would benefit from”.
- (g) Burdens of proof— Such section is further amended by inserting after subsection (i), as added by subsection (e) of this section, the following new subsection:
- “(j) Burdens of proof—The burdens of proof specified in section 1221(e) of title 5 shall apply in any investigation conducted by an Inspector General, and any review conducted by the Secretary of Defense, the Secretary of Homeland Security, and any board for the correction of military records, under this section.”
- (h) Effective date— The amendments made by this section shall take effect on the date that is 30 days after the date of the enactment of this Act, and shall apply with respect to allegations pending or submitted under section 1034 of title 10, United States Code, on or after that date.
## Sec. 528 Applicability of medical examination requirement regarding post-traumatic stress disorder or traumatic brain injury to proceedings under the Uniform Code of Military Justice — added
- Section 1177 of title 10, United States Code, is amended by striking subsection (c).
## Sec. 529 Protection of the religious freedom of military chaplains to close a prayer outside of a religious service according to the traditions, expressions, and religious exercises of the endorsing faith group — added
- (a) United states army— Section 3547 of title 10, United States Code, is amended by adding at the end the following new subsection:
- “(c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
- (b) United states military academy— Section 4337 of such title is amended—
- (1) by inserting “(a)” before “There”; and
- (2) by adding at the end the following new subsection:
- “(b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
- (c) United states navy and marine corps— Section 6031 of such title is amended by adding at the end the following new subsection:
- “(d) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
- (d) United states air force— Section 8547 of such title is amended by adding at the end the following new subsection:
- “(c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
- (e) United states air force academy— Section 9337 of such title is amended—
- (1) by inserting “(a)” before “There”; and
- (2) by adding at the end the following new subsection:
- “(b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
## Sec. 530 Expansion and implementation of protection of rights of conscience of members of the Armed Forces and chaplains of such members — added
- (a) Accommodation of members’ beliefs, actions, and speech— Subsection (a)(1) of section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1727; 10 U.S.C. prec. 1030 note) is amended—
- (1) by striking “The Armed Forces shall accommodate the beliefs” and inserting “Except in cases of military necessity, the Armed Forces shall accommodate the beliefs, actions, and speech”; and
- (2) by inserting “, actions, or speech” after “such beliefs”.
- (b) Narrow exception— Subsection (a)(2) of such section is amended by striking “that threaten” and inserting “that actually harm”.
- (c) Deadline for regulations; consultation— The implementation regulations required by subsection (c) of such section shall be issued not later than 120 days after the date of the enactment of this Act. In preparing such regulations, the Secretary of Defense shall consult with the official military faith-group representatives who endorse military chaplains.
## Sec. 530A Servicemembers’ Accountability, Rights, and Responsibilities Training — added
- (a) Responsibilities of Secretary of Defense—
- (1) In general— The Secretary of Defense, acting through the Secretaries of the military departments, shall ensure that all members of the Armed Forces understand and comply with the rights and responsibilities specified in subsections (b) and (c).
- (2) Implementation— The Secretary of Defense shall have discretion regarding the manner in which this information will be disseminated to members, except that, at a minimum, the Secretary shall require acknowledgment of these rights and responsibilities by a member at these occurrences during the military service of the member:
- (A) Recruitment.
- (B) Enlistment and reenlistment.
- (C) Commissioning.
- (D) Promotion in rank.
- (E) Selection for command.
- (b) Member rights— Each member of the Armed Forces has the following rights:
- (1) To a workplace and battlespace free from the threat of sexual violence, including harassment, abuse, assault, and rape.
- (2) To have every instance of illegal activity appropriately investigated. Law enforcement agencies will investigate every allegation of criminal behavior, and commanders will respond appropriately to every report of wrongdoing.
- (3) To make a restricted or unrestricted report of a sex-based criminal act. Victims will have access to vital services whether they pursue an investigation or not.
- (4) To use any and all reporting and prosecution avenues to pursue an allegation of sexual assault.
- (5) To not face retaliation for reporting a criminal offense or harmful behavior.
- (c) Member responsibilities— Each member of the Armed Forces has the following responsibilities:
- (1) To responsibly intervene in any situation that involves the presence or threat of criminal behavior.
- (2) To never leave another member behind in a situation of risk to self or others, on the battlefield or anywhere else.
- (3) To immediately report observation or knowledge of criminal behavior to appropriate officials.
## Sec. 530B Inspector General of the Department of Defense review of separation of members of the Armed Forces who made unrestricted reports of sexual assault — added
- (a) Review required— The Inspector General of the Department of Defense shall conduct a review—
- (1) to identify all members of the Armed Forces who, since January 1, 2002, were separated from the Armed Forces after making an unrestricted report of sexual assault;
- (2) to determine the circumstances of and grounds for each such separation, including—
- (A) whether the separation was in retaliation for or influenced by the identified member making an unrestricted report of sexual assault; and
- (B) whether the identified member requested an appeal; and
- (3) if an identified member was separated on the grounds of having a personality or adjustment disorder, to determine whether the separation was carried out in compliance with Department of Defense Instruction 1332.14 and any other applicable Department of Defense regulations, directives, and policies.
- (b) Submission of results and recommendations— Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives the results of the review conducted under subsection (a), including such recommendations as the Inspector General of the Department of Defense considers necessary.
## Sec. 530C Report on data and information collected in connection with Department of Defense review of laws, policies, and regulations restricting service of female members of the Armed Forces — added
- (a) Report required— Not later than 30 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 containing the specific results and data produced during the research programs, tests, surveys, consultant reports, assessments, and similar projects conducted to comply with the requirement of section 535 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4217) to review laws, policies, and regulations that may restrict the service of female members of the Armed Forces.
- (b) Public availability— Subject to subsection (c), the Secretary of Defense shall make the report required by subsection (a) publically available.
- (c) Rule of construction— Nothing in this section shall be construed as a request or authority for the Secretary of Defense to provide in the report required by subsection (a) any personal information that would identify, or violate the privacy of, members of the Armed Forces, including members who participated in the research programs, tests, surveys, reports, assessments, and similar projects conducted regarding the possible future assignments of female members of the Armed Forces.
## Sec. 530D Sense of Congress regarding the Women in Service Implementation Plan — added
- (a) Findings— Congress makes the following findings:
- (1) In February 2012, the Secretary of Defense notified Congress of the intent of the Secretary to rescind the co-location restriction and to implement policy exceptions to allow female members of the Armed Forces to be assigned to specified positions in ground combat units at the battalion level.
- (2) On January 24, 2013, the Secretary of Defense and the Joint Chiefs of Staff issued guidance to rescind the direct combat exclusion rule for female members of the Armed Forces and eliminate all unnecessary gender-based barriers to service in the Armed Forces.
- (3) The Secretaries of the military departments were required to develop and submit their plans for implementation of the rescission of the direct combat exclusion rule by May 15, 2013.
- (4) As of 2013, there are approximately 202,000 female members of the Armed Forces, approximately 20,000 female members have served in Iraq and Afghanistan, and more than 60 female members have been killed in combat.
- (b) Sense of congress— It is the sense of Congress that the Secretaries of the military departments—
- (1) no later than September 2015, should develop, review, and validate individual occupational standards, using validated gender-neutral occupational standards, so as to assess and assign members of the Armed Forces to units, including Special Operations Forces; and
- (2) no later than January 1, 2016, should complete all assessments.
## Sec. 531 Limitations on convening authority discretion regarding court-martial findings and sentence
- (a) Elimination of unlimited command prerogative and discretion— Paragraph (1) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended by striking the first sentence.
- (b) Limitations on discretion regarding court-martial findings— Paragraph (3) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended to read as follows:
- “(3)
- “(A) Action on the findings of a court-martial by the convening authority or by another person authorized to act under this section is not required.
- “(B) If the convening authority or another person authorized to act under this section acts on the findings of a court-martial, the convening authority or other person may not—
- “(i) dismiss any charge or specification, other than a charge or specification for a qualifying offense, by setting aside a finding of guilty thereto; or
- “(ii) change a finding of guilty to a charge or specification, other than a charge or specification for a qualifying offense, to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
- “(C) If the convening authority or another person authorized to act under this section acts on the findings to dismiss or change any charge or specification for a qualifying offense, the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of the trial and action thereon.
- “(D)
- “(i) In this paragraph, the term qualifying offense means, except in the case of an offense specified in clause (ii), an offense under this chapter for which—
- “(I) the maximum sentence of confinement that may be adjudged does not exceed two years; and
- “(II) the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months.
- “(ii) Such term does not include the following:
- “(I) An offense under section 920 of this title (article 120).
- “(II) An offense under section 928 of this title (article 128), if such offense consisted of assault consummated by battery upon child under 16 years of age.
- “(III) An offense under section 934 of this title (article 134), if such offense consisted of indecent language communicated to child under the age of 16 years.
- “(IV) Such other offenses as the Secretary of Defense may exclude by regulation.”
- (c) Limitations on discretion to modify an adjudged sentence— Section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended—
- (1) in paragraph (2), by striking “The convening authority” and inserting the following:
- “(B) Except as provided in paragraph (4), the convening authority”
- (a) Judicial review— In general— Chapter 79 of title 10, United States Code, is amended by adding at the end the following new section:
- “1560. Judicial review of decisions relating to correction of military records
- “(a) Availability of judicial review
- “(1) In general—Any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter.
- “(2) Records correction final decision defined—In this section, the term “records correction final decision” means any of the following:
- “(A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title.
- “(B) A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(f) of this title.
- “(C) A final decision issued by the Secretary of Defense pursuant to section 1034(g) of this title.
- “(b) Matters must be justiciable—Notwithstanding subsection (a), a court in which judicial review of a records correction final decision is sought does not have jurisdiction to review any matter or issue raised in a petition of review that is not justiciable.
- “(c) Exhaustion of administrative remedies
- “(1) General rule—Except as provided in paragraph (3), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) in a case arising after the date of the enactment of this section may not be obtained under this section or any other provision of law unless—
- “(A) the petitioner has requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title); and
- “(B) the Secretary concerned has rendered a final decision denying that correction in whole or in part.
- “(2) Whistleblower cases—In a case arising after the date of the enactment of this section in which the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the Secretary of Defense has made a decision in the matter or the end of the period specified in that section for the Secretary to make such a decision, whichever occurs first.
- “(3) Class actions—In the case of a matter subject to correction under a provision of law specified in subsection (a)(2) in a case arising after the date of the enactment of this section in which judicial review is not precluded by reason of paragraph (1) or (2), if judicial review of a records correction final decision of the matter is sought and if the petitioner for judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title) and if the court issues an order certifying a class in the case, the limitations of paragraphs (1) and (2) shall be inapplicable to any member of the class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified.
- “(d) Statutes of limitation
- “(1) Two years from final decision—In the case of a records correction final decision that is issued on or after the date of the enactment of this section, such decision is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than two years after the date of the final decision other than in a matter to which paragraph (2) applies.
- “(2) Six years for certain claims that may result in payment of money
- “(A) In the case of a records correction final decision that is issued on or after the date of the enactment of this section and which is described in subparagraph (B), such decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of discharge, retirement, release from active duty, or death while on active duty of the person whose military records are the subject of the correction request. There shall be excluded from the computation of such six-year period the period (i) beginning on the date of the filing with the Secretary of a request for correction of military records leading to the records correction final decision, and (ii) ending on the date of such decision.
- “(B) A records correction final decision is described in this subparagraph to the extent that the decision, or portion of the decision, is a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money, other than payments made under chapter 73 of this title, either under a court order or under a subsequent administrative determination.
- “(e) Sole basis for judicial review—In the case of a cause of action arising after the date of the enactment of this section, no court shall have jurisdiction to review any matter subject to correction under a provision of law specified in subsection (a)(2) except as provided in this section.
- “(f) Habeas corpus—This section does not affect any cause of action arising under chapter 153 of title 28.”
- (2) Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
- (b) Effect of denial of request for correction of records when prohibited personnel action alleged— Notice of denial; procedures for judicial review— Subsection (f) of section 1034 of such title is amended by adding at the end the following new paragraph:
- “(7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review.”
- (2) Secretary of defense review; notice of denial— Subsection (g) of such section is amended—
- (A) by inserting “(1)” before “Upon the completion of all”; and
- (2) [was (3)(3)(4)] by adding at the end the following new paragraph:
- “(4)
- “(A) Except as provided in subparagraphs (B) and (C), the convening authority or another person authorized to act under this section may not modify an adjudged sentence of confinement or a punitive discharge or disapprove, commute, or suspend an adjudged sentence of confinement or a punitive discharge in whole or in part.
- “(B)
- “(i) Upon the recommendation of the trial counsel, the convening authority or another person authorized to act under this section shall have the authority to impose a sentence below a level established by statute as a minimum sentence, to impose a sentence of confinement below the adjudged confinement sentence, or to disapprove, commute, or suspend the adjudged sentence in whole or in part in recognition of the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense.
- “(ii) If a mandatory minimum sentence exists for a charge, the convening authority or another person authorized to act under this section may not modify an adjudged sentence to reduce the sentence to less than the mandatory minimum sentence or disapprove, commute, or suspend the adjudged mandatory minimum sentence in whole or in part. This limitation does not restrict the discretion of the convening authority or another person authorized to act under this section to modify, disapprove, commute, or suspend any portion of the adjudged sentence that is in addition to the mandatory minimum sentence.
- “(C) In addition, if a mandatory minimum sentence does not exist for a charge and a pre-trial agreement has been entered into by the convening authority and the accused, as authorized by Rule for Court-Martial 705, the convening authority or another person authorized to act under this section may take action to reduce, dismiss, or suspend an adjudged sentence of confinement in whole or in part pursuant to the terms of the pre-trial agreement.”
- (d) Explanation for any decision disapproving, commuting, or suspending court-martial sentence— Section 860(c)(2) of title 10, United States Code (article 60(c)(2) of the Uniform Code of Military Justice), as amended by subsection (c)(1), is further amended—
- “(2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review.”
- (3) Sole basis for judicial review— Such section is further amended—
- (A) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
- (B) by inserting after subsection (g) the following new subsection (h):
- “(h) Judicial review
- “(1) A decision of the Secretary of Defense under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.
- “(2) In a case in which review by the Secretary of Defense under subsection (g) was not sought, a decision of the Secretary of a military department under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.
- “(3) A decision by the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.”
- (c) Effect of denial of other requests for correction of military records— Section 1552 of such title is amended by adding at the end the following new subsections:
- “(h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review.
- “(i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.”
- (d) Effective date and retroactive application— Effective date— The amendments made by this section shall take effect one year after the date of the enactment of this Act.
- (1) Retroactive application— The amendments made by this section shall apply to all final decisions of the Secretary of Defense under section 1034(g) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(f) or 1552 of such title, whether rendered before, on, or inserting “(A)” after the date of the enactment of this Act.“(2)”; and
- (2) Transition— During the period between the date of the enactment of this Act and the effective date specified in paragraph (1), in any case in which the final decision of the Secretary of Defense under section 1034(g) of title 10, United States Code, or the Secretary concerned under sections 1034(f) or 1552 of title 10, United States Code, results in denial, in whole or in part, of any requested correction of the record of a member or former member of the Armed Forces or the record of a claimant under such section 1552, the individual shall be informed in writing of by adding at the time for obtaining review of end the decision pursuant to section 1560 of such title, as added by subsection (a).following new subparagraph:
- “(C) If the convening authority or another person authorized to act under this section acts to disapprove, commute, or suspend the sentence in whole or in part, the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of the trial and action thereon.”
- (e) Implementation—Conforming amendment to other authority for convening authority to suspend sentence— The Secretaries concerned (as defined in section 101(a)(9) Section 871(d) of title 10, United States Code) may prescribe appropriate regulations, and interim guidance before prescribing such regulations, to implement title (article 71(d) of the amendments made Uniform Code of Military Justice) is amended by this section. In adding at the case of end the Secretary following new sentence: “Paragraphs (2) and (4) of a military department, such regulations may not take effect until approved subsection (c) of section 860 of this title (article 60) shall apply to any decision by the Secretary convening authority or such person to suspend the execution of Defense.any sentence or part thereof under this subsection.”.
- (f) Construction—Effective date— This section and the The amendments made by this section do not affect shall take effect 180 days after the authority date of any court to exercise jurisdiction over any case that was properly before the court before enactment of this Act and shall apply with respect to findings and sentences of courts-martial reported to convening authorities under section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by this section, on or after that effective date specified in subsection (d)(1).date.
## Sec. 532 Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes — added
- (a) Inclusion of additional offenses— Section 843(a) of title 10, United States Code (article 43(a) of the Uniform Code of Military Justice) is amended by striking “rape, or rape of a child” and inserting “rape or sexual assault, or rape or sexual assault of a child”.
- (b) Conforming amendment— Section 843(b)(2)(B)(i) of title 10, United States Code (article 43(b)(2)(B)(i) of the Uniform Code of Military Justice) is amended by inserting before the period at the end the following: “, unless the offense is covered by subsection (a)”.
- (c) 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 an offense covered by section 920(b) or 920b(b) of title 10, United States Code (article 120(b) or 120b(b) of the Uniform Code of Military Justice) that is committed on or after that date.
## Sec. 533 Discharge or dismissal for certain sex-related offenses and trial of offenses by general courts-martial — added
- (a) Mandatory discharge or dismissal required—
- (1) Imposition— Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice) is amended—
- (A) by inserting “(a)” before “The punishment”; and
- (B) by adding at the end the following new subsection:
- “(b)
- “(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, dismissal or dishonorable discharge.
- “(2) Paragraph (1) applies to the following offenses:
- “(A) An offense in violation of subsection (a) or (b) of section 920 (article 120(a) or (b)).
- “(B) Forcible sodomy under section 925 of this title (article 125).
- “(C) An attempt to commit an offense specified in subparagraph (A) or (B) that is punishable under section 880 of this title (article 80).”
- (2) Clerical amendments—
- (A) Section heading— The heading of such section is amended to read as follows:
- “856. Art. 56. Maximum and minimum limits”
- (B) 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:
- (b) Jurisdiction limited to general courts-martial— Section 818 of title 10, United States Code (article 18 of the Uniform Code of Military Justice) is amended—
- (1) by inserting “(a)” before the first sentence;
- (2) in the third sentence, by striking “However, a general court-martial” and inserting the following:
- “(b) A general court-martial”
- (3) by adding at the end the following new subsection:
- “(c) Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).”
- (c) Additional duties for independent panels—
- (1) 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 assess the appropriateness of statutorily mandated minimum sentencing provisions for additional offenses under the Uniform Code of Military Justice. The panel shall include the results of the assessment in the report required by subsection (c)(1) of such section.
- (2) 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 assess the implementation and effect of the mandatory minimum sentences established by section 856(b) of title 10, United States Code (article 56(b) of the Uniform Code of Military Justice), as added by subsection (a) of this section. The panel shall include the results of the assessment in one of the reports required by subsection (c)(2)(B) of such section 576.
- (d) 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. 534 Regulations regarding consideration of application for permanent change of station or unit transfer by victims of sexual assault — added
- Section 673(b) of title 10, United States Code, is amended by striking “The Secretaries of the military departments” and inserting “The Secretary concerned”.
## Sec. 535 Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense — added
- (a) In general— Chapter 39 of title 10, United States Code, is amended by inserting after section 673 the following new section:
- “674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense
- “(a) Guidance for timely consideration and action—The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed a sexual assault or other sex-related offense covered by section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit.
- “(b) Time for determinations—A determination described in subsection (a) may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator.”
- (b) Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 673 the following new item:
- (c) Additional training requirement for commanders— The Secretary of Defense shall provide for inclusion of information and discussion regarding the availability and use of the authority provided by section 674 of title 10, United States Code, as added by subsection (a), as part of the training for new and prospective commanders at all levels of command required by section 585(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note).
## Sec. 536 Victims’ Counsel for victims of sex-related offenses and related provisions — added
- (a) Designation and duties—
- (1) 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—
- “(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.”
- (2) 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:
- (3) Conforming amendments—
- (A) 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.”.
- (B) 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)”.
- (C) 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”.
- (4) 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.
- (b) 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.
- (c) Secretary of Defense implementation report—
- (1) 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).
- (2) 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.
- (c) Additional duties for independent panels—
- (1) 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.
- (2) 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. 537 Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault — added
- Section 1034(c)(2)(A) of title 10, United States Code, is amended by striking “sexual harassment or” and inserting “rape, sexual assault, or other sexual misconduct in violation of sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment, or”.
## Sec. 538 Secretary of Defense report on role of commanders in military justice process — added
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing—
- (1) an assessment of the current role and authorities of commanders in the administration of military justice and the investigation, prosecution, and adjudication of offenses under the Uniform Code of Military Justice; and
- (2) a recommendation by the Secretary of Defense regarding whether the role and authorities of commanders should be further modified or repealed.
## Sec. 539 Review and policy regarding Department of Defense investigative practices in response to allegations of sex-related offenses — added
- (a) Review— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the practices of the military criminal investigative organizations (Army Criminal Investigation Command, Naval Criminal Investigative Service, and Air Force Office of Special Investigation) regarding the investigation of alleged sex-related offenses involving members of the Armed Forces, including the extent to which the military criminal investigative organizations make a recommendation regarding whether an allegation of a sex-related offense appears founded or unfounded.
- (b) Policy— After conducting the review required by subsection (a), the Secretary of Defense shall develop a uniform policy for the Armed Forces, to the extent practicable, regarding the use of case determinations to record the results of the investigation of a sex-related offense. In developing the policy, the Secretary shall consider the feasibility of adopting case determination methods, such as the uniform crime report, used by nonmilitary law enforcement agencies.
- (c) Sex-related offense defined— In this section, the term “sex-related offense” includes—
- (1) any offense covered by section 920, 920a, 920b, 920c, or 925 of title 10, United States Code (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 such title (article 80 of the Uniform Code of Military Justice).
## Sec. 540 Uniform training and education programs for sexual assault prevention and response program — added
- Section 585(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1434; 10 U.S.C. 1561 note) is amended—
- (1) in paragraph (1)—
- (A) in the first sentence, by striking “Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall develop a curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces under the jurisdiction of the Secretary and civilian employees of the military department” and inserting “Not later than June 30, 2014, the Secretary of Defense shall develop a uniform curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces and civilian employees of the Department of Defense”; and
- (B) in the second sentence, by inserting “including lesson plans to achieve core competencies and learning objectives,” after “curriculum,”; and
- (2) in paragraph (3)—
- (A) by striking “Consistent training.—The Secretary of Defense shall ensure” and inserting “Uniform training.—The Secretary of Defense shall require”; and
- (B) by striking “consistent” and inserting “uniform”.
## Sec. 541 Development of selection criteria for assignment as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent
- (a) Army—Qualifications for assignment— Section 3744 (a) 1602(e)(2) of title 10, United States Code, the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note; 124 Stat. 4431) is amended by striking “medal of honor,”.amended—
- (1) by redesignating subparagraph (B) as subparagraph (C); and
- (2) by striking subparagraph (A) and inserting the following new subparagraphs:
- “(A) the qualifications necessary for a member of the Armed Forces or a civilian employee of the Department of Defense to be selected for assignment to duty as a Sexual Assault Response and Prevention Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis;
- “(B) consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note; 125 Stat. 1433), the training, certification, and status of members of the Armed Forces and civilian employees of the department assigned to duty as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and”
- (b) Assignment of Sexual Assault Nurse Examiners-Adult/Adolescent to Certain Military Units—
- (1) Assignment to certain military units— Section 584 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note) is amended—
- (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
- (B) by inserting after subsection (b) the following new subsection (c):
- “(c) Sexual Assault Nurse Examiners-Adult/Adolescent
- “(1) Assignment requirements—The Secretary of each military department shall assign at least one Sexual Assault Nurse Examiner-Adult/Adolescent to each brigade or equivalent unit level of each armed force under the jurisdiction of that Secretary unless assignment to other units is determined to be more practicable and effective by the Secretary of Defense. The Secretary of the military department concerned may assign additional Sexual Assault Nurse Examiners-Adult/Adolescent as necessary based on the demographics or needs of a military unit. The Secretary of the military department concerned may waive the assignment requirement for a specific unit level if that Secretary determines that compliance will impose an undue burden, except that the Secretary shall notify Congress of each waiver and explain how compliance would impose an undue burden.
- “(2) Eligible persons—On and after October 1, 2015, only members of the armed forces and civilian employees of the Department of Defense may be assigned to duty as a Sexual Assault Nurse Examiner-Adult/Adolescent. The Secretary of the military department concerned may satisfy paragraph (1) through the assignment of additional personnel to a unit or by assigning the duties of a Sexual Assault Nurse Examiner-Adult/Adolescent to current personnel of the unit, so long as such personnel meet the training and certification requirements of subsection (d).”
- (2) Training and certification— Subsection (d) of such section, as redesignated by paragraph (1)(A), is amended—
- (A) in paragraph (1), by striking “assigned under subsection (a) and Sexual Assault Victim Advocates assigned under subsection (b)” and inserting “, Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent assigned under this section”;
- (B) in paragraph (2), by adding at the end the following new sentence: “In the case of the curriculum and other components of the program for certification of Sexual Assault Nurse Examiners-Adult/Adolescent, the Secretary of Defense shall utilize the most recent guidelines and standards as outlined by the Department of Justice, Office on Violence Against Women, in the National Training Standards for Sexual Assault Medical Forensic Examiners.”; and
- (C) in paragraph (3), by adding at the end the following new sentence: “On and after October 1, 2015, before a member or civilian employee may be assigned to duty as a Sexual Assault Nurse Examiner-Adult/Adolescent under subsection (c), the member or employee must have completed the training program required by paragraph (1) and obtained the certification.”.
- (b) Navy and marine corps— Section 6247 of title 10, United States Code, is amended by striking “medal of honor,”.
- (c) Air force—Conforming amendments— Section 8744(a) 584 of title 10, United States Code, the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note; 125 Stat. 1432) is amended by striking “medal of honor,”.amended—
- (1) in subsection (a)(2), by inserting “who satisfy the selection criteria established under section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note; 124 Stat. 4431)” after “Defense”; and
- (2) in subsection (b)(2), by inserting “who satisfy the selection criteria established under section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011” after “Defense”.
- (d) Coast guard—Clerical amendment— Section 494 The heading of title 14, United States Code, section 584 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note) is amended by striking “medal of honor,” both places it appears.to read as follows:
- “584. Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent”
## Sec. 542 Extension of crime victims’ rights to victims of offenses under the Uniform Code of Military Justice
- (a) Victims' rights—
- (1) In general— Subchapter I of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section (article):
- “806b. Art. 6b. Rights of victims of offenses under this chapter
- “(a) Rights of a victim of a military crime—A victim of a military crime has the following rights:
- “(1) The right to be reasonably protected from the accused.
- “(2) The right to reasonable, accurate, and timely notice of any public proceeding in an investigation under section 832 of this title (article 32), court-martial, involuntary plea hearing, pre-sentencing hearing, or parole hearing involving the offense or of any release or escape of the accused.
- “(3) The right not to be excluded from any such public proceeding, referred to in paragraph (2) unless the military judge, after receiving clear and convincing evidence, determines that testimony by the victim of a military crime would be materially altered if the victim of a military crime heard other testimony at that proceeding.
- “(4) The reasonable right to confer with the trial counsel in the case.
- “(5) The right to full and timely restitution as provided in law.
- “(6) The right to proceedings free from unreasonable delay.
- “(7) The right to be treated with fairness and with respect for the dignity and privacy of the victim of a military crime.
- “(b) Duty of military judge—In any court-martial proceeding involving an offense against a victim of a military crime, the military judge shall ensure that the victim of a military crime is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the military judge shall make every effort to permit the fullest attendance possible by the victim of a military crime and shall consider reasonable alternatives to the exclusion of the victim of a military crime from the criminal proceeding. The reasons for any decision denying relief under this subsection shall be clearly stated on the record.
- “(c) Best efforts required
- “(1) Military judges, trial and defense counsel, military criminal investigation organizations, services, and personnel, and other members and personnel of the Department of Defense engaged in the detection, investigation, or prosecution of offenses under this chapter (the Uniform Code of Military Justice) shall make their best efforts to see that a victim of a military crime is notified of, and accorded, the rights described in subsection .
- “(2) The trial counsel in a case shall advise a victim of a military crime that the victim of a military crime can seek the advice of an attorney with respect to the rights described in subsection (a).
- “(3) Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person.
- “(d) Victim of a military crime defined
- “(1) Definition—In this section, the term “victim of a military crime” means a person who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime in violation of this chapter (the Uniform Code of Military Justice) or in violation of the law of another jurisdiction if any portion of the investigation of the violation of that law was conducted primarily by a military criminal investigative organization (Army Criminal Investigation Command, Naval Criminal Investigative Service, or Air Force Office of Special Investigation). The term shall include, at a minimum, the following:
- “(A) Members of the armed forces and their dependents.
- “(B) Civilian employees of the Department of Defense and contractor employees stationed outside the continental United States and their dependents residing with them.
- “(C) Such other individuals as the Secretary of Defense determines should be included.
- “(2) Treatment of certain victims—In the case of a victim of a military crime who is under 18 years of age, incompetent, incapacitated, or deceased, the term shall also include an individual acting on behalf of the victim who is (in order of precedence) a spouse, parent, legal guardian, child, sibling, or another dependent of the victim or another person designated by the military judge, but in no event shall an accused be designated or included.”
- (a) Army— Section 3744(b) of title 10, United States Code, is amended—
- (2) Clerical amendment— in paragraph (1), The table of sections at the beginning of subchapter I of chapter 47 of such title (the Uniform Code of Military Justice) is amended by striking “three years” and inserting “five years”; andadding at the end the following new item:
- (b) Procedures To promote compliance—
- (1) In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall recommend to the President changes to the Manual for Courts-Martial, and prescribe such other regulations as the Secretary considers appropriate, to implement section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a).
- (2) in paragraph (2), by striking “two years ” and inserting “three years”.
- (b) Air force— Section 8744(b) of such title is amended—
- (2) Elements— in paragraph (1), by striking “three years ” The modifications and inserting “five years”; andregulations issued pursuant to paragraph (1) shall include the following:
- (A) The designation of an administrative authority within the Department of Defense to oversee the implementation of such section 806(b), and within each Armed Force, an authority to receive and investigate complaints relating to the provision or violation of the rights of victims of military crimes.
- (B) A requirement for a course of training for judge advocates and other appropriate members of the Armed Forces and personnel of the Department to promote compliance with and implementation of such section 806b and assist such personnel in responding more effectively to the needs of victims of military crimes.
- (C) Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense, including suspension or termination from employment in the case of employees of the Department, who willfully or wantonly fail to comply with such section 806b.
- (D) Mechanisms to ensure that the Secretary of Defense shall be the final arbiter of a complaint authorized pursuant to subparagraph (A) by a victim of a military crime that the victim was not afforded a right under such section 806b.
- (c) Additional duty for Response systems independent 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 assess the feasibility and appropriateness of extending to victims of military crimes the additional right afforded a crime victim in civilian criminal legal proceedings under subsection (a)(4) of section 3771 of title 18, United States Code, and the legal standing to seek enforcement of crime victim rights provided by subsection (d) of such section. The panel shall include the results of the assessment in the report required by subsection (c)(1) of such section.
- (2) in paragraph (2), by striking “two years ” and inserting “three years”.
## Sec. 543 Defense counsel interview of complaining witnesses in presence of counsel for the complaining witness or a Sexual Assault Victim Advocate
- Section 846 of title 10, United States Code (article 46 of the Uniform Code of Military Justice), is amended—
- (1) by inserting “(a) Opportunity To obtain witnesses and other evidence.—”before “The trial counsel”;
- (2) by striking “Process issued” and inserting the following:
- “(c) Process—Process issued”
- (a) Automatic enrollment and furnishing of certificate— In general— Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:
- “1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
- “(a) Establishment—There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department of Homeland Security, respectively, a roll designated as the “Army, Navy, Air Force, and Coast Guard Medal of Honor Roll”.
- “(b) Enrollment—The Secretary concerned shall enter and record on such roll the name of each person who has served on active duty in the armed forces and who has been awarded a medal of honor pursuant to section 3741, 6241, or 8741 of this title or section 491 of title 14.
- “(c) Certificate
- “(1) In general—Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be furnished a certificate of enrollment on such roll.
- “(2) Entitlement to special pension—The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under paragraph (1). Such copy shall authorize the Secretary of Veterans Affairs to pay the special pension provided by section 1562 of title 38 to the person named in the certificate.”
- (2) Clerical amendment— The table of sections at the beginning of such chapter of title 10 is amended by adding at the end the following new item:
- (b) Special pension— Automatic entitlement— Section 1562(a) of title 38, United States Code, is amended—
- (A) by inserting “living” after “each”;
- (B) by striking “subsection (c) of section 1561 of this title” and inserting “subsection (c)(2) of section 1136 of title 10”; and
- (C) by striking “application therefor under section 1560 of this title” and inserting “such person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under section 1136(b) of title 10”.
- (2) Election to decline special pension— Section 1562 of such title is further amended by adding at the end the following new subsection:
- “(g)
- “(1) A person who is entitled to a special pension under subsection (a) may elect not to receive such special pension by notifying the Secretary of such election in writing.
- “(2) The Secretary, upon receipt of such election, shall cease payments of the special pension to such person.”
- (3) Technical amendment— Section 1562(a) of such title is further amended by striking “roll” and inserting “Roll”.
- (c) Conforming amendments— Repeal of recodified provisions— Sections 1560 and 1561 of title 38, United States Code, are repealed.
- (2) Clerical amendments— The table of sections at the beginning of chapter 15 of such title is amended, by striking the items relating to sections 1560 and 1561.
- (3) Effective date— The amendments made by this section shall be effective with respect to medals of honor awarded on or inserting after the date of subsection (a), as designated by paragraph (1), the enactment of this Act.following new subsection (b):
- “(b) Interview of complaining witnesses by defense counsel
- “(1) Upon notice by trial counsel to defense counsel of the name and address of the complaining witness or witnesses trial counsel intends to call to testify in any portion of an investigation under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make all requests to interview any such complaining witness through trial counsel.
- “(2) If requested by a complaining witness subject to a request for interview under paragraph (1), any interview of the witness by defense counsel shall take place only in the presence of counsel for the complaining witness or a Sexual Assault Victim Advocate.
- “(3) In this subsection, the term “complaining witness” means a person who has suffered a direct physical, emotional, or pecuniary harm as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice).”
## Sec. 544 Participation by complaining witnesses in clemency phase of courts-martial process — added
- Section 860(b) of title 10, United States Code (article 60(b) of the Uniform Code of Military Justice), is amended—
- (1) by inserting “(A)” after “(b)(1)”;
- (2) by redesignating paragraphs (2), (3), and (4) as subparagraphs (B), (C), and (D), respectively, and, in such subparagraphs as so redesignated, by striking “paragraph (1)” each place it appears and inserting “subparagraph (A)”; and
- (3) by adding at the end the following new paragraphs:
- “(2)
- “(A) In any case in which findings and sentence have been adjudged for an offense involving a complaining witness, the complaining witness shall be provided an opportunity to submit matters for consideration by the convening authority or by another person authorized to act under this section before the convening authority or such other person takes action under this section. Such a submission shall be made within 10 days after the complaining witness has been given an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection (d).
- “(B) If a complaining witness shows that additional time is required for submission of matters under subparagraph (A), the convening authority or other person taking action under this section, for good cause, may extend the submission period for not more than an additional 20 days.
- “(C) In this paragraph, the term “complaining witness” means a person who has suffered a direct physical, emotional, or pecuniary harm as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice).
- “(3) The convening authority shall not consider under this section any submitted matters that go to the character of a complaining witness unless such matters were presented at the trial.”
## 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 — added
- (a) 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:
- (1) The installation commander, if such incident occurred on or in the vicinity of a military installation.
- (2) The first officer in the grade of 0-6 in the chain of command of the victim.
- (3) The first general officer or flag officer in the chain of command of the victim.
- (b) 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.
- (c) Elements of report—
- (1) In general— The report of an incident under subsection (a) shall include, at a minimum, the following:
- (A) Time/Date/Location of incident.
- (B) Type of offense allegation.
- (C) Service affiliation, assigned unit, and location of the victim.
- (D) 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.
- (E) Post-incident actions taken in connection with the incident, including the following:
- (i) 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.
- (ii) Receipt and processing status of a request for expedited victim transfer, if applicable.
- (iii) Notification of incident to appropriate investigatory offices, including the organization notified and date of such notification.
- (iv) Issuance of any military protective orders in connection with the incident.
- (2) Modification—
- (A) 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.
- (B) 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.
- (3) 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.
- (d) 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. 546 Amendment to Manual for Courts-Martial to eliminate considerations relating to character and military service of accused in initial disposition of sex-related offenses — added
- (a) Amendment required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the President a proposed amendment to rule 306 of the Manual for Courts-Martial (relating to policy on initial disposition of offenses) to eliminate the character and military service of the accused from the list of factors that may be considered by the disposition authority in disposing of a sex-related offense.
- (b) Sex-related offense defined— In this section, a “sex-related offense” includes—
- (1) any offense covered by section 920, 920a, 920b, 920c, or 925 of title 10, United States Code (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 such title (article 80 of the Uniform Code of Military Justice).
## Sec. 547 Inclusion of letter of reprimands, nonpunitive letter of reprimands and counseling statements — added
- (a) Inclusion in performance evaluation reports— The Secretary of Defense shall require commanders to include letter of reprimands, nonpunitive letter of actions and counseling statements involving substantiated cases of sexual harassment or sexual assault in the performance evaluation report of a member of the Armed Forces for the purpose of—
- (1) providing commanders increased visibility of the background information of members of the unit;
- (2) identifying and preventing trends of bad behavior early and effectively disciplining repeated actions which hinder units from fostering a healthy climate; and
- (3) preventing the transfer of sexual offenders.
- (b) Definitions— In this section:
- (1) The term “sexual harassment” has the meaning given such term in Department of Defense Directive 1350.2, Department of Defense Military Equal Opportunity Program.
- (2) The term “sexual assault” means any of the offenses described in section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice).
## Sec. 548 Enhanced protections for prospective members and new members of the Armed Forces during entry-level processing and training — added
- (a) Defining inappropriate and prohibited relationships, communication, conduct, and contact between certain members—
- (1) Policy required— The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall establish and maintain a policy to uniformly define and prescribe, for the persons described in paragraph (2), what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between a member of the Armed Forces described in paragraph (2)(A) and a prospective member or member of the Armed Forces described in paragraph (2)(B).
- (2) Covered members— The policy required by paragraph (1) shall apply to—
- (A) a member of the Armed Forces who is superior in rank to, exercises authority or control over, or supervises a person described in subparagraph (B) during the entry-level processing or training of the person; and
- (B) a prospective member of the Armed Forces or a member of the Armed Forces undergoing entry-level processing or training.
- (3) Inclusion of certain members required— The members of the Armed Forces covered by paragraph (2)(A) shall include, at a minimum, military personnel assigned or attached to duty—
- (A) for the purpose of recruiting or assessing persons for enlistment or appointment as a commissioned officer, warrant officer, or enlisted member of the Armed Forces;
- (B) at a Military Entrance Processing Station; or
- (C) at an entry-level training facility or school of an Armed Force.
- (b) Effect of violations— A member of the Armed Forces who violates the policy established pursuant to subsection (a) shall be subject to prosecution under the Uniform Code of Military Justice.
- (c) Processing for administrative separation—
- (1) In general—
- (A) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall require the processing for administrative separation of any member of the Armed Forces described in subsection (a)(2)(A) in response to the first substantiated violation by the member of the policy established pursuant to subsection (a), when the member is not otherwise punitively discharged or dismissed from the Armed Forces for that violation.
- (B) The Secretary of each military department shall revise regulations applicable to the Armed Forces under the jurisdiction of the Secretary as necessary to ensure compliance with the requirement under subparagraph (A).
- (2) Required elements—
- (A) In imposing the requirement under paragraph (1), the Secretaries shall ensure that any separation decision regarding a member of the Armed Forces is based on the full facts of the case and that due process procedures are provided under existing law or regulations or additionally prescribed, as considered necessary by the Secretaries, pursuant to subsection (f).
- (B) The requirement imposed by paragraph (1) shall not be interpreted to limit or alter the authority of the Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating to process members of the Armed Forces for administrative separation—
- (i) for reasons other than a substantiated violation of the policy established pursuant to subsection (a); or
- (ii) under other provisions of law or regulation.
- (3) Substantiated violation— For purposes of paragraph (1), a violation by a member of the Armed Forces described in subsection (a)(2)(A) of the policy established pursuant to subsection (a) shall be treated as substantiated if—
- (A) there has been a court-martial conviction for violation of the policy, but the adjudged sentence does not include discharge or dismissal; or
- (B) a nonjudicial punishment authority under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) has determined that a member has committed an offense in violation of the policy and imposed nonjudicial punishment upon the member.
- (d) Proposed Uniform Code of Military Justice punitive article— Not later than one year 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—
- (1) a proposed amendment to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to create an additional article under subchapter X of such chapter regarding violations of the policy required by subsection (a); and
- (2) the conforming changes to part IV, punitive articles, in the Manual for Courts-Martial that will be necessary upon adoption of such article.
- (e) Definitions— In this section:
- (1) The term “entry-level processing or training”, with respect to a member of the Armed forces, means the period beginning on the date on which the member became a member of the Armed Forces and ending on the date on which the member physically arrives at that member’s first duty assignment following completion of initial entry training (or its equivalent), as defined by the Secretary of the military department concerned or the Secretary of the Department in which the Coast Guard is operating.
- (2) The term “prospective member of the Armed Forces” means a person who has had a face-to-face meeting with a member of the Armed Forces assigned or attached to duty described in subsection (a)(3)(A) regarding becoming a member of the Armed Forces, regardless of whether the person eventually becomes a member of the Armed Forces.
- (f) Regulations— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall issue such regulations as may be necessary to carry out this section. The Secretary of Defense shall ensure that, to the extent practicable, the regulations are uniform for each armed force under the jurisdiction of that Secretary.
## Sec. 549 Independent reviews and assessments of Uniform Code of Military Justice and judicial proceedings of sexual assault cases — added
- (a) Additional duties for response systems panel regarding disposition authority—
- (1) 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—
- (A) 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
- (B) 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.
- (2) 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.
- (b) 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.”
## Sec. 550 Review of the Office of Diversity Management and Equal Opportunity role in sexual harassment cases — added
- (a) Review required— The Secretary of Defense shall conduct a review of the Office of Diversity Management and Equal Opportunity for the purposes specified in subsection (b).
- (b) Elements of study— In conducting the review under subsection (a), the Secretary of Defense shall—
- (1) identify and evaluate the resource and personnel gaps in the Office;
- (2) identify and evaluate the role of the Office in sexual harassment cases; and
- (3) evaluate how the Office works with the Sexual Assault Prevention and Response Office to address sexual harassment in the Armed Forces.
- (c) Definition— In this section, the term “sexual harassment” has the meaning given such term in Department of Defense Directive 1350.2, Department of Defense Military Equal Opportunity Program.
## Sec. 551 Department of Defense recognition of spouses of members of the Armed Forces who serve in combat zones
- (a) 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:
- “1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation
- “(a) Design and eligibility—A lapel button, to be known as the spouse-of-a-combat-veteran lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize the spouse 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.
- “(b) Presentation—The Secretary concerned may authorize the use of appropriated funds to procure spouse-of-a-combat-veteran lapel buttons and to provide for their presentation to eligible spouses of members.
- “(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.
- “(d) License to manufacture and sell lapel buttons—Section 901(c) of title 36 shall apply with respect to the spouse-of-a-combat-veteran lapel button authorized by this section.
- “(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.
- “(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.”
- (a) Disposition of remains of persons whose death is investigated by the armed forces medical examiner— Covered decedents— Section 1481(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- “(10) To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose remains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title.”
- (2) Authorized expenses relating to care and disposition of remains— Section 1482 of such title is amended by adding at the end the following new subsection:
- “(g)
- “(1) The payment of expenses incident to the recovery, care, and disposition of the remains of a decedent covered by section 1481(a)(10) of this title is limited to those expenses that, as determined under regulations prescribed by the Secretary of Defense, would not have been incurred but for the retention of those remains for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. The Secretary concerned shall pay all other expenses authorized to be paid under this section only on a reimbursable basis. Amounts reimbursed to the Secretary concerned under this subsection shall be credited to appropriations available at the time of reimbursement for the payment of such expenses.
- “(2) In a case covered by paragraph (1), if the person designated under subsection (c) to direct disposition of the remains of a decedent does not direct disposition of the remains that were retained for the forensic pathology investigation, the Secretary may pay for the transportation of those remains to, and interment or inurnment of those remains in, an appropriate place selected by the Secretary, in lieu of the transportation authorized to be paid under paragraph (8) of subsection (a).
- “(3) In a case covered by paragraph (1), expenses that may be paid do not include expenses with respect to an escort under paragraph (8) of subsection (a), whether or not on a reimbursable basis.”
- (b) Clarification of coverage of inurnment—Clerical Amendment— Section 1482(a)(9) The table of sections at the beginning of such title chapter is amended by inserting “or inurnment” after “interment”.the item relating to section 1126 the following new item:
- (c) Technical amendment—Sense of congress regarding implementation— Section 1482(f) of such title It is amended in the third sentence by striking “subsection” and inserting “section”.sense of Congress that, as soon as practicable once the spouse-of-a-combat-veteran lapel button becomes available, the Secretary of Defense should—
- (1) widely announce the availability of spouse-of-a-combat-veteran lapel buttons through military and public information channels; and
- (2) encourage commanders at all levels to conduct ceremonies recognizing the support provided by spouses of members of the Armed Forces and to use the ceremonies as an opportunity for members to present their spouses with a spouse-of-a-combat-veteran lapel button.
## Sec. 552 Protection of child custody arrangements for parents who are members of the Armed Forces
- (a) Personnel files—Child custody protection— Section 1506 Title II of title 10, United States Code the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended—amended by adding at the end the following new section:
- “208. Child custody protection
- “(a) Restriction on temporary custody order—If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, then the court shall require that, upon the return of the servicemember from deployment, the custody order that was in effect immediately preceding the temporary order shall be reinstated, unless the court finds that such a reinstatement is not in the best interest of the child, except that any such finding shall be subject to subsection (b).
- “(b) Limitation on consideration of member’s deployment in determination of Child’s Best Interest—If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.
- “(c) No federal jurisdiction or right of action or removal—Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.
- “(d) Preemption—In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.
- “(e) Deployment Defined—In this section, the term “deployment” means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—
- “(1) that are designated as unaccompanied;
- “(2) for which dependent travel is not authorized; or
- “(3) that otherwise do not permit the movement of family members to that location.”
- (1) in subsection (d)—
- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
- (B) by inserting after paragraph (1) the following new paragraph (2):
- “(2) The Secretary concerned shall withhold from personnel files under this section, as privileged information, any survival, evasion, resistance and escape debriefing report provided by a person described in section 1501(c) of this title who is returned to United States control which is obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information.”
- (2) in subsection (f), by striking “paragraphs (2) and (3)” and inserting “paragraphs (3) and (4)”.
- (b) Definition—Clerical amendment— Section 1513 The table of contents in section 1(b) of such title Act is amended by adding at the end of the items relating to title II the following new paragraph:item:
- “(9) The term “survival, evasion, resistance, and escape debrief” means an interview conducted with a person described in section 1501(c) of this title who is returned to United States control in order to record the person’s experiences while surviving, evading, resisting interrogation or exploitation, or escaping.”
## Sec. 553 Treatment of relocation of members of the Armed Forces for active duty for purposes of mortgage refinancing
- (a) In general— Title III of the Servicemembers Civil Relief Act is amended by inserting after section 303 (50 U.S.C. App. 533) the following new section:
- “303A. Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing
- “(a) Treatment of absence from residence due to active duty—While a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of a relocation described in subsection (c)(1)(B), if the servicemember inquires about or applies for a covered refinancing mortgage, the servicemember shall be considered, for all purposes relating to the covered refinancing mortgage (including such inquiry or application and eligibility for, and compliance with, any underwriting criteria and standards regarding such covered refinancing mortgage) to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of such relocation.
- “(b) Limitation—Subsection (a) shall not apply with respect to a servicemember who inquires about or applies for a covered refinancing mortgage if, during the 5-year period preceding the date of such inquiry or application, the servicemember entered into a covered refinancing mortgage pursuant to this section.
- “(c) Definitions—In this section:
- “(1) Existing mortgage—The term “existing mortgage” means a mortgage that is secured by a 1- to 4-family residence, including a condominium or a share in a cooperative ownership housing association, that was the principal residence of a servicemember for a period that—
- “(A) had a duration of 13 consecutive months or longer; and
- “(B) ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 18 months that did not allow the servicemember to continue to occupy such residence as a principal residence.
- “(2) Covered refinancing mortgage—The term “covered refinancing mortgage” means any mortgage that—
- “(A) is made for the purpose of paying or prepaying, and extinguishing, the outstanding obligations under an existing mortgage or mortgages; and
- “(B) is secured by the same residence that secured such existing mortgage or mortgages.”
- Section 1501(a)(1) of title 10, United States Code, is amended—
- (b) Clerical amendment— The table of contents in section 1(b) of such Act is amended by striking “and” at inserting after the end of subparagraph (B);item relating to section 303 the following new item:
- (2) by striking the period at the end of subparagraph (C) and inserting “; and”; and
- (3) by adding at the end the following new subparagraph:
- “(D) coordination of periodic briefing of families of missing persons about the efforts of the Department of Defense to account for those persons.”
## Sec. 554 Family support programs for immediate family members of members of the Armed Forces assigned to special operations forces
- (a) Chaplain-Led programs—Pilot programs authorized— The Consistent with such regulations as the Secretary of Defense may prescribe to carry out this section, the Commander of the United States Special Operations Command may provide support services described in section 1789(b) of title 10, United States Code, conduct up to three pilot programs to assess the feasibility and benefits of providing family support activities for the immediate family members (as defined in section 1789(c) of such title) of members of the Armed Forces assigned to special operations forces (as defined in section 167(i) of such title) if the Commander determines—forces.
- (1) that there is a direct and concrete relationship between—
- (A) chaplain-led programs authorized in section 1789 of such title, and
- (B) the readiness of special operations forces; and
- (2) that such support is not being provided to those family members by the Secretary of a military department.
- (b) Additional authority—Selection of programs— The Commander of In selecting the United States Special Operations Command may expend up to $10,000,000 during any fiscal year during which this subsection is in effect to provide support services described in section 1789(b) of title 10, United States Code, to support family pilot programs directed by medical personnel, behavior health professionals, and family readiness professionals of the Department of Defense to build and maintain the resiliency of members of be conducted under subsection (a), the Armed Forces assigned to special operations forces (as defined in section 167(i) of such title) and their immediate family members (as defined in section 1789(c) of such title).Commander shall—
- (1) identify family support activities that have a direct and concrete impact on the readiness of special operations forces, but that are not being provided to the immediate family members of members of the Armed Forces assigned to special operations forces by the Secretary of a military department; and
- (2) conduct a cost-benefit analysis of each family support activity proposed to be included in a pilot program.
- (c) Period of authority—Evaluation— The authority under this section is in effect during each Commander shall develop outcome measurements to evaluate the success of fiscal years 2014 through 2016.each family support activity included in a pilot program under subsection (a).
- (d) Additional authority— The Commander may expend up to $5,000,000 during each fiscal year specified in subsection (f) to carry out the pilot programs under subsection (a).
- (e) Definitions— In this section:
- (1) The term “Commander” means the Commander of the United States Special Operations Command.
- (2) The term “immediate family members” has the meaning given that term in section 1789(c) of title 10, United States Code.
- (3) The term “special operations forces” means those forces of the Armed Forces identified as special operations forces under section 167(i) of such title.
- (f) Duration of pilot program authority— The authority provided by subsection (a) is available to the Commander during fiscal years 2014 through 2016.
- (g) Report— Not later than 180 days after completing a pilot program under subsection (a), the Commander shall submit to the congressional defense committees a report describing the results of the pilot program.
## Sec. 561 Inclusion of Freely Associated States within scope of Junior Reserve Officers’ Training Corps program — added
- Section 2031(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- “(3) If a secondary educational institution in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau otherwise meets the conditions imposed by subsection (b) on the establishment and maintenance of units of the Junior Reserve Officers’ Training Corps, the Secretary of a military department may establish and maintain a unit of the Junior Reserve Officers’ Training Corps at the secondary educational institution even though the secondary educational institution is not a United States secondary educational institution.”
## Sec. 562 Improved climate assessments and dissemination and tracking of results — added
- (a) Improved dissemination of results in chain of command— The Secretary of Defense shall ensure that the results of command climate assessments are provided to the relevant individual commander and to the next higher level of command.
- (b) Performance tracking—
- (1) Evidence of compliance— The Secretary of each military department shall include in the performance evaluations and assessments used by each Armed Force under the jurisdiction of the Secretary a designated form where senior commanders can indicate whether the commander has conducted the required climate assessments.
- (2) Effect of failure to conduct assessment— If a commander is found to not have conducted the required climate assessments, the failure shall be noted in the commander’s performance evaluation and be considered a serious factor during consideration for any subsequent promotion.
- (c) Tracking system— The Inspector General of the Department of Defense shall develop a system to track whether commanders are conducting command climate assessments.
- (d) Unit compliance reports— Working with the Inspector General of the Department of Defense, unit commanders shall gather all the climate assessments from the unit and develop a compliance report that, at a minimum, shall include the following:
- (1) A comprehensive overview of the concerns members of the unit expressed in the climate assessments.
- (2) Data showing how leadership is perceived in the unit.
- (3) A detailed strategic plan on how leadership plans to address the expressed concerns.
## Sec. 563 Service-wide 360 assessments — added
- (a) Adoption of 360-degree approach— The Secretary of each military department shall develop an assessment program modeled after the current Department of the Army Multi-Source Assessment and Feedback (MSAF) Program, known in this section as the “360-degree approach”.
- (b) Report on inclusion in performance evaluation reports— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of an assessment of the feasibility of including the 360-degree approach as part of the performance evaluation reports.
- (c) Individual counseling— The Secretary of each military department shall include individual counseling as part of the performance evaluation process.
## Sec. 564 Health welfare inspections — added
- The Secretary of each military department shall conduct health welfare inspections on a monthly basis in order to ensure and maintain security, military readiness, good order, and discipline of all units of the Armed Forces under the jurisdiction of the Secretary. Results of the Health Welfare Inspections shall be provided to both the commander and senior commander.
## Sec. 565 Review of security of military installations, including barracks and multi-family residences — added
- (a) Review of security measures— The Secretary of Defense shall conduct a review of security measures on United States military installations, specifically with regard to barracks and multi-family residences on military installations, for the purpose of ensuring the safety of members of the Armed Forces and their dependents who reside on military installations.
- (b) Elements of study— In conducting the review under subsection (a), the Secretary of Defense shall—
- (1) identify security gaps on military installations; and
- (2) evaluate the feasibility and effectiveness of using 24-hour electronic monitoring or placing security personnel at all points of entry into barracks and multi-family residences on military installation.
- (c) Submission of results— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of the study conducted under subsection (a), including an estimate of the costs—
- (1) to eliminate all security gaps identified under subsection (b)(1); and
- (2) to provide 24-hour security monitoring as evaluated under subsection (b)(2).
## Sec. 566 Enhancement of mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses — added
- (a) Improvement of information available to members of the Armed Forces about correlation—
- (1) In general— The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable, make information on civilian credentialing opportunities available to members of the Armed Forces beginning with, and at every stage of, training of members for military occupational specialties, in order to permit members—
- (A) to evaluate the extent to which such training correlates with the skills and training required in connection with various civilian certifications and licenses; and
- (B) to assess the suitability of such training for obtaining or pursuing such civilian certifications and licenses.
- (2) Coordination with Transition Goals Plans Success program— Information shall be made available under paragraph (1) in a manner consistent with the Transition Goals Plans Success (GPS) program.
- (3) Types of information— The information made available under paragraph (1) shall include, but not be limited to, the following:
- (A) Information on the civilian occupational equivalents of military occupational specialties (MOS).
- (B) Information on civilian license or certification requirements, including examination requirements.
- (C) Information on the availability and opportunities for use of educational benefits available to members of the Armed Forces, as appropriate, corresponding training, or continuing education that leads to a certification exam in order to provide a pathway to credentialing opportunities.
- (4) Use and adaptation of certain programs— In making information available under paragraph (1), the Secretaries of the military departments may use and adapt appropriate portions of the Credentialing Opportunities On-Line (COOL) programs of the Army and the Navy and the Credentialing and Educational Research Tool (CERT) of the Air Force.
- (b) Improvement of access of accredited civilian credentialing agencies to military training content—
- (1) In general— The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable consistent with national security requirements, make available to accredited civilian credentialing agencies that issue certifications or licenses, upon request of such agencies, information such as military course training curricula, syllabi, and materials, levels of military advancement attained, and professional skills developed.
- (2) Central repository— The actions taken pursuant to paragraph (1) may include the establishment of a central repository of information on training and training materials provided members in connection with military occupational specialities that is readily accessible by accredited civilian credentialing agencies described in that paragraph in order to meet requests described in that paragraph.
## Sec. 567 Use of educational assistance for courses in pursuit of civilian certifications or licenses — added
- (a) Courses under Department of Defense educational assistance authorities—
- (1) In general— Chapter 101 of title 10, United States Code, is amended by inserting after section 2015 the following new section:
- “2015a. Civilian certifications and licenses: use of educational assistance for courses in pursuit of civilian certifications or licenses
- “(a) Limitation on use of assistance—In the case of a member of the armed forces who is enrolled in an educational institution in a State for purposes of obtaining employment in an occupation or profession requiring the approval or licensure of a board or agency of that State, educational assistance specified in subsection (b) may be used by the member for a course offered by the educational institution that is a required element of the curriculum to be satisfied to obtain employment in that occupation or profession only if—
- “(1) the successful completion of the curriculum fully qualifies a student to—
- “(A) take any examination required for entry into the occupation or profession, including satisfying any State or professionally mandated programmatic and specialized accreditation requirements; and
- “(B) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the occupation or profession; and
- “(2) in the case of State licensing or professionally mandated requirements for entry into the occupation or profession that require specialized accreditation, the curriculum meets the requirement for specialized accreditation through its accreditation or pre-accreditation by an accrediting agency or association recognized by the Secretary of Education or designated by that State as a reliable authority as to the quality or training offered by the institution in that program.
- “(b) Covered educational assistance—The educational assistance specified in this subsection is educational assistance as follows:
- “(1) Educational assistance for members of the armed forces under section 2007 and 2015 of this title.
- “(2) Educational assistance for persons enlisting for active duty under chapter 106A of this title.
- “(3) Educational assistance for members of the armed forces held as captives under section 2183 of this title.
- “(4) Educational assistance for members of the Selected Reserve under chapter 1606 of this title.
- “(5) Educational assistance for reserve component members supporting contingency operations and other operations under chapter 1607 of this title.
- “(6) Such other educational assistance provided members of the armed force under the laws the administered by the Secretary of Defense or the Secretaries of the military departments as the Secretary of Defense shall designate for purposes of this section.”
- (2) Clerical amendment— The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2015 the following new item:
- (b) Effective date— The amendments made by this section shall take effect on August 1, 2014, and shall apply with respect to courses pursued on or after that date.
## Sec. 571 Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees — added
- (a) Assistance to schools with significant numbers of military dependent students— Of the amount authorized to be appropriated for fiscal year 2014 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $20,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
- (b) Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations—
- (1) Extension of authority to provide assistance— Section 572(b)(4) of the National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b(b)(4)) is amended by striking “September 30, 2014” and inserting “September 30, 2015”.
- (2) Amount of assistance authorized— Of the amount authorized to be appropriated for fiscal year 2014 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b).
- (c) Local educational agency defined— In this section, the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
## Sec. 572 Support for efforts to improve academic achievement and transition of military dependent students — added
- The Secretary of Defense may make grants to nonprofit organizations that provide services to improve the academic achievement of military dependent students, including those nonprofit organizations whose programs focus on improving the civic responsibility of military dependent students and their understanding of the Federal Government through direct exposure to the operations of the Federal Government.
## Sec. 573 Treatment of tuition payments received for virtual elementary and secondary education component of Department of Defense education program — added
- (a) Crediting of payments— Section 2164(l) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- “(3) Any payments received by the Secretary of Defense under this subsection shall be credited to the account designated by the Secretary for the operation of the virtual educational program under this subsection. Payments so credited shall be merged with other funds in the account and shall be available, to the extent provided in advance in appropriation Acts, for the same purposes and the same period as other funds in the account.”
- (b) Application of amendment— The amendment made by subsection (a) shall apply only with respect to tuition payments received under section 2164(l) of title 10, United States Code, for enrollments authorized by such section, after the date of the enactment of this Act, in the virtual elementary and secondary education program of the Department of Defense education program.
## Sec. 581 Fraudulent representations about receipt of military decorations or medals — added
- (a) In general— Section 704 of title 18, United States Code, is amended—
- (1) in subsection (a), by striking “wears,”; and
- (2) so that subsection (b) reads as follows:
- “(b) Fraudulent representations about receipt of military decorations or medals—Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection (c)(2) or (d) shall be fined under this title, imprisoned not more than one year, or both.”
- (b) Addition of certain other medals— Section 704(d) of title 18, United States Code, is amended—
- (1) by striking “If a decoration” and inserting the following:
- “(1) In general—If a decoration”
- (2) by inserting “a combat badge,” after “1129 of title 10,”; and
- (3) by adding at the end the following new paragraph:
- “(2) Combat badge defined—In this subsection, the term “combat badge” means a Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal.”
- (c) Conforming amendment— Section 704 of title 18, United States Code, is amended in each of subsections (c)(1) and (d) by striking “or (b)”.
## Sec. 582 Repeal of limitation on number of medals of honor that may be awarded to the same member of the Armed Forces — added
- (a) Army— Section 3744(a) of title 10, United States Code, is amended by striking “medal of honor, distinguished-service cross,” and inserting “distinguished-service cross”.
- (b) Navy and marine corps— Section 6247 of title 10, United States Code, is amended by striking “medal of honor,”.
- (c) Air force— Section 8744(a) of title 10, United States Code, is amended by striking “medal of honor, Air Force cross,” and inserting “Air Force Cross”.
## Sec. 583 Standardization of time-limits for recommending and awarding Medal of Honor, Distinguished-Service Cross, Navy Cross, Air Force Cross, and Distinguished-Service Medal — added
- (a) Army— Section 3744(b) of title 10, United States Code, is amended—
- (1) in paragraph (1), by striking “three years” and inserting “five years”; and
- (2) in paragraph (2), by striking “two years ” and inserting “three years”.
- (b) Air force— Section 8744(b) of such title is amended—
- (1) in paragraph (1), by striking “three years ” and inserting “five years”; and
- (2) in paragraph (2), by striking “two years ” and inserting “three years”.
## Sec. 584 Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll requirements — added
- (a) Automatic enrollment and furnishing of certificate—
- (1) In general— Chapter 57 of title 10, United States Code, is amended by inserting after section 1134 the following new section:
- “1134a. Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
- “(a) Establishment—There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department in which the Coast Guard is operating a roll designated as the “Army, Navy, Air Force, and Coast Guard Medal of Honor Roll”.
- “(b) Enrollment—The Secretary concerned shall enter and record on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll the name of each person who has served on active duty in the armed forces and who has been awarded a medal of honor pursuant to section 3741, 6241, or 8741 of this title or section 491 of title 14.
- “(c) Issuance of enrollment certificate—Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be issued a certificate of enrollment on the roll.
- “(d) Entitlement to special pension; notice to secretary of Veterans Affairs—The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under subsection (c). The copy of the certificate shall authorize the Secretary of Veterans Affairs to pay the special pension provided by section 1562 of title 38 to the person named in the certificate.”
- (2) Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1134 the following new item:
- (b) Special pension—
- (1) Automatic entitlement— Subsection (a) of section 1562 of title 38, United States Code, is amended—
- (A) by striking “each person” and inserting “each living person”;
- (B) by striking “Honor roll” and inserting “Honor Roll”;
- (C) by striking “subsection (c) of section 1561 of this title” and inserting “subsection (d) of section 1134a of title 10”; and
- (D) by striking “date of application therefor under section 1560 of this title” and inserting “date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section”.
- (2) Election to decline special pension— Such section is further amended by adding at the end the following new subsection:
- “(g)
- “(1) A person who is entitled to special pension under subsection (a) may elect not to receive special pension by notifying the Secretary of such election in writing.
- “(2) Upon receipt of an election made by a person under paragraph (1) not to receive special pension, the Secretary shall cease payments of special pension to the person.”
- (c) Conforming amendments—
- (1) Repeal of recodified provisions— Sections 1560 and 1561 of title 38, United States Code, are repealed.
- (2) Clerical amendments— The table of sections at the beginning of chapter 15 of such title is amended by striking the items relating to sections 1560 and 1561.
- (d) Application of amendments— The amendments made by this section shall apply with respect to Medals of Honor awarded on or after the date of the enactment of this Act.
## Sec. 585 Treatment of victims of the attacks at recruiting station in Little Rock, Arkansas, and at Fort Hood, Texas — added
- (a) 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.
- (b) Additional benefits— For purposes of all applicable Federal laws, regulations, and policies, a member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded in an attack described in subsection (a) shall be deemed as follows:
- (1) In the case of a member, to have been killed or wounded in a combat zone.
- (2) 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.
- (c) 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. 586 Retroactive award of Army Combat Action Badge — added
- (a) Authority To award— The Secretary of the Army may award the Army Combat Action Badge (established by order of the Secretary of the Army through Headquarters, Department of the Army Letter 600–05–1, dated June 3, 2005) to a person who, while a member of the Army, participated in combat during which the person personally engaged, or was personally engaged by, the enemy at any time during the period beginning on December 7, 1941, and ending on September 18, 2001 (the date of the otherwise applicable limitation on retroactivity for the award of such decoration), if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation.
- (b) Procurement of badge— The Secretary of the Army may make arrangements with suppliers of the Army Combat Action Badge so that eligible recipients of the Army Combat Action Badge pursuant to subsection (a) may procure the badge directly from suppliers, thereby eliminating or at least substantially reducing administrative costs for the Army to carry out this section.
## Sec. 587 Report on Navy review, findings, and actions pertaining to Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta — added
- Not later than 30 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the Navy review, findings, and actions pertaining to the Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta. The report shall account for all evidence submitted with regard to the case.
## Sec. 588 Authorization for award of the Distinguished-Service Cross to Sergeant First Class Robert F. Keiser for acts of valor during the Korean War — added
- (a) Authorization— Notwithstanding the time limitations specified in section 3144 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 Secretary of the Army is authorized and requested to award the Distinguished-Service Cross under section 3742 of such title to Sergeant First Class Robert F. Keiser for the acts of valor referred to in subsection (b) during the Korean War.
- (b) Acts of Valor described— The acts of valor referred to in subsection (a) are the actions of Robert F. Keiser’s on November 30, 1950, as a member of the 2d Military Police Company, 2d Infantry Division, United States Army, during the Division’s successful withdrawal from the Kunuri-Sunchon Pass.
## Sec. 591 Revision of specified senior military colleges to reflect consolidation of North Georgia College and State University and Gainesville State College — added
- Paragraph (6) of section 2111a(f) of title 10, United States Code, is amended to read as follows:
- “(6) The University of North Georgia.”
## Sec. 592 Authority to enter into concessions contracts at Army National Military Cemeteries — added
- (a) In general— Chapter 446 of title 10, United States Code, is amended by adding at the end the following new section:
- “4727. Cemetery concessions contracts
- “(a) Contracts authorized—The Secretary of the Army may enter into a contract with an appropriate entity for the provision of transportation, interpretative, or other necessary or appropriate concession services to visitors at the Army National Military Cemeteries.
- “(b) Special requirements
- “(1) The Secretary of the Army shall establish and include in each concession contract such requirements as the Secretary determines are necessary to ensure the protection, dignity, and solemnity of the cemetery at which services are provided under the contract.
- “(2) A concession contract shall not include operation of the gift shop at Arlington National Cemetery without the specific prior authorization by an Act of Congress.
- “(c) Term of contracts
- “(1) Except as provided in paragraph (2), a concession contract may be awarded for a period of not more than 10 years.
- “(2)
- “(A) If the Secretary of the Army determines that the terms and conditions of a concession contract to be entered into under this section, including any required construction of capital improvements, warrant entering into the contract for a period of greater than 10 years, the Secretary may award the contract for a period of up to 20 years.
- “(B) If a concession contract is intended solely for the provision of transportation services, the Secretary may enter into the contract for a period of not more than five years and may extend the period of the contract for one or more successive five-year periods pursuant to an option included in the contract or a modification of the contract. The aggregate period of any such contract, including extensions, may not exceed 10 years.
- “(d) Franchise fees—A concession contract shall provide for payment to the United States of a franchise fee or such other monetary consideration as determined by the Secretary of the Army. The Secretary shall ensure that the objective of generating revenue for the United States is subordinate to the objectives of honoring the service and sacrifices of the deceased members of the armed forces and of providing necessary and appropriate services for visitors to the Cemeteries at reasonable rates.
- “(e) Special account—All franchise fees (and other monetary consideration) collected by the United States under subsection (d) shall be deposited into a special account established in the Treasury of the United States. The funds deposited in such account shall be available for expenditure by the Secretary of the Army, to the extent authorized and in such amounts as are provided in advance in appropriations Acts, to support activities at the Cemeteries. The funds deposited into the account shall remain available until expended.
- “(f) Concession contract defined—In this section, the term “concession contract” means a contract authorized and entered into under this section.”
- (b) Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
## Sec. 593 Commission on Military Behavioral Health and Disciplinary Issues — added
- (a) Establishment of Commission— There is established the Commission on Military Behavioral Health and Disciplinary Issues (in this section referred to as the “Commission”).
- (b) Membership—
- (1) Composition— The Commission shall be composed of 10 members, of whom—
- (A) two shall be appointed by the President;
- (B) two shall be appointed by the Chairman of the Committee on Armed Services of the Senate;
- (C) two shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;
- (D) two shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and
- (E) two shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.
- (2) Appointment date— The appointments of the members of the Commission shall be made not later than 30 days after the date of the enactment of this Act. If one or more appointments under a subparagraph of paragraph (1) is not made by such appointment date, the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments not made.
- (3) Expertise— In making appointments under this subsection, consideration should be given to individuals with expertise in service-connected mental disorders, post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), psychiatry, behavioral health, neurology, as well as disciplinary matters and military justice.
- (4) Period of Appointment; Vacancies— Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
- (5) Initial Meeting— Not later than 30 days after the appointment date specified in paragraph (2), the Commission shall hold its first meeting.
- (6) Meetings— The Commission shall meet at the call of the Chair. A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
- (7) Chair and Vice Chairman— The Commission shall select a Chair and Vice Chair from among its members.
- (c) Study and report—
- (1) Study required— The Commission shall undertake a comprehensive study of whether—
- (A) the Department of Defense mechanisms for disciplinary action adequately address the impact of service-connected mental disorders and TBI on the basis for the disciplinary action; and
- (B) whether the disciplinary mechanisms should be revisited in light of new information regarding the connection between service-connected mental disorders and TBI, behavioral problems, and disciplinary action.
- (2) Considerations— In considering the Department of Defense mechanisms for disciplinary action, the Commission shall give particular consideration to evaluating a structure that examines those members diagnosed with or reasonably asserting post traumatic stress disorder or traumatic brain injury that have been deployed overseas in support of a contingency operation during the previous 24 months and how that injury or deployment may constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of service of the member as other than honorable.
- (3) Report— Not later than June 30, 2014, the Commission shall submit to the President and the congressional defense committees a report containing a detailed statement of the findings and conclusions of the Commission as a result of the study required by this subsection, together with its recommendations for such legislation and administrative actions it may consider appropriate in light of the results of the study.
- (d) Powers of the commission—
- (1) Hearings— The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section.
- (2) Information From Federal Agencies— The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission.
- (e) Commission personnel matters—
- (1) Compensation of Members— All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
- (2) 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.
- (3) Staff— The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel from as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. The staff members should be officers or employees of the United States.
- (f) Termination date— The Commission shall terminate 30 days after the date on which the Commission submits its report.
## Sec. 594 Commission on Service to the Nation — added
- (a) Establishment— There is established a commission to be known as the “Commission on Service to the Nation”.
- (b) Duties—
- (1) Study— The Commission shall carry out a study of the following:
- (A) 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.
- (B) The outgoing experience and transition between military and civilian life.
- (C) The gaps between the military and those Americans who do not participate directly in the military community.
- (2) Testimony and research— In carrying out the study under paragraph (1), the Commission shall—
- (A) 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;
- (B) 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;
- (C) retain the records of all hearings and artifacts of testimony for the purposes of historical documentation and research;
- (D) 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
- (E) assess the existing academic and social science research and analysis on transition from active military to civilian life.
- (3) Recommendations— The Commission shall make recommendations, based on the analyses in subparagraphs (A) through (C) of paragraph (1), on how to better—
- (A) support the transition to civilian life of a member of the Armed Forces;
- (B) support the families and communities of the member; and
- (C) better connect the military community and civilians.
- (4) Website— The Commission shall maintain an Internet website available to the public to—
- (A) share the schedule of the Commission;
- (B) notify the public of events;
- (C) accept feedback; and
- (D) post records of events and other information to inform the public in a manner consistent with the mission of the Commission.
- (c) Composition—
- (1) Members— The Commission shall be composed of 15 members appointed as follows:
- (A) Four members appointed by Majority Leader of the Senate, in consultation with the chairman of the Committee on Armed Services of the Senate.
- (B) 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.
- (C) 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.
- (D) 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.
- (E) Three members appointed by the President.
- (2) Qualifications— The members of the Commission shall be appointed from among persons who have knowledge and expertise in the following areas:
- (A) The effects of war on members of the Armed Forces, their families, and society.
- (B) The process of transitioning out of the Armed Forces.
- (C) The resources available to members and their families as members transition out of the Armed Forces and into society.
- (D) Personnel benefits, including healthcare and job training, available to members.
- (E) Policy making and policy analysis.
- (3) 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.
- (4) 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.
- (5) Chairman— The President shall designate a member of the Commission to serve as chairman of the Commission.
- (6) Deadline for appointment— The members shall be appointed by not later than 90 days after the date of the enactment of this Act
- (d) Procedures—
- (1) 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.
- (2) Meetings— After the initial meeting under paragraph (1), the Commission shall meet at the call of the chairman.
- (3) Quorum— Four members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
- (4) Procedure— The Commission shall act by resolution agreed to by a majority of the members of the Commission.
- (5) 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.
- (e) Compensation and staff—
- (1) 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.
- (2) 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.
- (3) 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.
- (4) 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.
- (5) 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.
- (f) Powers—
- (1) 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 the District of Columbia, and may hold hearings and forums in any commonwealth, territory, or possession of the United States as the Commission determines appropriate.
- (2) 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.
- (3) 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.
- (4) 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.
- (5) 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.
- (g) Reports—
- (1) 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) a strategic plan for the work of the Commission;
- (B) a discussion of the activities of the Commission; and
- (C) any initial findings of the Commission.
- (2) 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.
- (h) Termination— The Commission shall terminate 90 days after the date on which the final report is submitted under subsection (g)(2).
## Sec. 601 Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances
- Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2013” and inserting “December 31, 2014”.
- (a) Waiver of section 1009 adjustment— The adjustment to become effective during fiscal year 2014 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.
- (b) Increase in basic pay— Effective on January 1, 2014, the rates of monthly basic pay for members of the uniformed services are increased by 1.0 percent.
## Sec. 602 Extension of temporary army authority to provide additional recruitment incentives — removed
- Subsection (i)(1) of section 681 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 503 note) is amended by striking “December 31, 2012” and inserting “December 31, 2015”.
## Sec. 611 One-year extension of certain bonus and special pay authorities for reserve forces — added
- The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
- (1) Section 308b(g), relating to Selected Reserve reenlistment bonus.
- (2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.
- (3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.
- (4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.
- (5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.
- (6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.
- (7) Section 478a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting distance.
- (8) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.
## Sec. 612 One-year extension of certain bonus and special pay authorities for health care professionals — added
- (a) Title 10 authorities— The following sections of title 10, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
- (1) Section 2130a(a)(1), relating to nurse officer candidate accession program.
- (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
- (b) Title 37 authorities— The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
- (1) Section 302c–1(f), relating to accession and retention bonuses for psychologists.
- (2) Section 302d(a)(1), relating to accession bonus for registered nurses.
- (3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.
- (4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.
- (5) Section 302h(a)(1), relating to accession bonus for dental officers.
- (6) Section 302j(a), relating to accession bonus for pharmacy officers.
- (7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.
- (8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.
## Sec. 613 One-year extension of special pay and bonus authorities for nuclear officers — added
- The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
- (1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.
- (2) Section 312b(c), relating to nuclear career accession bonus.
- (3) Section 312c(d), relating to nuclear career annual incentive bonus.
## Sec. 614 One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities — added
- The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
- (1) Section 331(h), relating to general bonus authority for enlisted members.
- (2) Section 332(g), relating to general bonus authority for officers.
- (3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.
- (4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
- (5) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
- (6) Section 351(h), relating to hazardous duty pay.
- (7) Section 352(g), relating to assignment pay or special duty pay.
- (8) Section 353(i), relating to skill incentive pay or proficiency bonus.
- (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
## Sec. 615 One-year extension of authorities relating to payment of other title 37 bonuses and special pays — added
- The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
- (1) Section 301b(a), relating to aviation officer retention bonus.
- (2) Section 307a(g), relating to assignment incentive pay.
- (3) Section 308(g), relating to reenlistment bonus for active members.
- (4) Section 309(e), relating to enlistment bonus.
- (5) Section 324(g), relating to accession bonus for new officers in critical skills.
- (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.
- (7) Section 327(h), relating to incentive bonus for transfer between armed forces.
- (8) Section 330(f), relating to accession bonus for officer candidates.
## Sec. 616 One-year extension of authority to provide incentive pay for members of precommissioning programs pursuing foreign language proficiency — added
- Section 316a(g) of title 37, United States Code is amended by striking “December 31, 2013” and inserting “December 31, 2014”.
## Sec. 617 Authority to provide bonus to certain cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps — added
- (a) Bonus authorized— Chapter 5 of title 37, United States Code, is amended by inserting after section 335 the following new section:
- “336. Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps
- “(a) Contracting bonus authorized—The Secretary concerned may pay a bonus under this section to a cadet or midshipman enrolled in the Senior Reserve Officers’ Training Corps who executes a written agreement described in subsection (c).
- “(b) Amount of bonus—The amount of a bonus under subsection (a) may not exceed $5,000.
- “(c) Agreement—A written agreement referred to in subsection (a) is a written agreement by the cadet or midshipman—
- “(1) to complete field training or a practice cruise under section 2104(b)(6)(A)(ii) of title 10;
- “(2) to complete advanced training under chapter 103 of title 10;
- “(3) to accept a commission or appointment as an officer of the armed forces; and
- “(4) to serve on active duty.
- “(d) Payment method—Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify when the bonus will be paid and whether the bonus will be paid in a lump sum or in installments.
- “(e) Repayment—A person who, having received all or part of a bonus under subsection (a), fails to fulfill the terms of the written agreement required by such subsection for receipt of the bonus shall be subject to the repayment provisions of section 373 of this title.
- “(f) Regulations—The Secretary concerned shall issue such regulations as may be necessary to carry out this section.
- “(g) Termination of authority—No agreement under this section may be entered into after December 31, 2015.”
- (b) Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 335 the following new item:
## Sec. 621 Transitional compensation and other benefits for dependents of certain members separated for violation of the Uniform Code of Military Justice
- (a) Amendment—In general— Section 1414(d) Chapter 53 of title 10, United States Code, is amended by adding at the end inserting after section 1059 the following new paragraph:section:
- “(3)“1059a. Dependents of certain members separated for Uniform Code of Military Justice offenses: transitional compensation; commissary and exchange benefits
- “(A) An election by a member to change from receipt of retired “(a) Authority To pay in accordance compensation—The Secretary of Defense, with this section respect to receipt the armed forces (other than the Coast Guard when it is not operating as a service in the Navy), and the Secretary of special Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may each establish a program under which the Secretary may pay monthly transitional compensation in accordance with section 1413a of this title pursuant to paragraph (2), shall not affect payments made before the date of such election section to the member’s spouse dependents or former spouse pursuant to section 1408 of this title, dependents of disposable retired pay that a court treated as property for the purpose member of issuing a final decree the armed forces described in subsection (b) who is under the jurisdiction of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such decree.the Secretary.
- “(B) In “(b) Members and punitive actions covered—This section applies in the case of a member of the armed forces who, after completing more than 20 years of active service or more than 20 years of service computed under section 12732 of this paragraph:title—
- “(i) The term “court” has the meaning given such term in section 1408(a)(1) “(1) is convicted by court-martial of an offense under chapter 47 of this title.title (the Uniform Code of Military Justice);
- “(ii) The term “disposable retired pay” has “(2) is separated from active duty pursuant to the meaning given such term in section 1408(a)(4) sentence of this title.the court-martial; and
- “(iii) The term “final decree” has “(3) forfeits all pay and allowances pursuant to the meaning given such term in section 1408(a)(3) sentence of this title.the court-martial.
- “(iv) The term “member” has the meaning given such term in section 1408(a)(5) “(c) Recipient of this title.payments
- “(v) The term “spouse or former spouse” has “(1) In the meaning given such term case of a member of the armed forces described in subsection (b), the Secretary may pay compensation under this section 1408(a)(6) to dependents or former dependents of this title.”the member as follows:
- “(A) If the member was married at the time of the commission of the offense resulting in separation from the armed forces, such compensation may be paid to the spouse or former spouse to whom the member was married at that time, including an amount for each, if any, dependent child of the member who resides in the same household as that spouse or former spouse.
- “(B) If there is a spouse or former spouse who is or, but for subsection (d)(2), would be eligible for compensation under this section and if there is a dependent child of the member who does not reside in the same household as that spouse or former spouse, compensation under this section may be paid to each such dependent child of the member who does not reside in that household.
- “(C) If there is no spouse or former spouse who is or, but for subsection (d)(2), would be eligible under this section, compensation under this section may be paid to the dependent children of the member.
- “(2) A dependent or former dependent of a member described in subsection (b) is not eligible for transitional compensation under this section if the Secretary concerned determines (under regulations prescribed under subsection (g)) that the dependent or former dependent was an active participant in the conduct constituting the offense under chapter 47 of this title (the Uniform Code of Military Justice) for which the member was convicted and separated from the armed forces.
- “(d) Commencement and duration of payment
- “(1) If provided under this section, the payment of transitional compensation under this section shall commence—
- “(A) as of the date the court-martial sentence is adjudged if the sentence, as adjudged, includes—
- “(i) a dismissal, dishonorable discharge, or bad conduct discharge; and
- “(ii) forfeiture of all pay and allowances; or
- “(B) if there is a pretrial agreement that provides for disapproval or suspension of the dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances, as of the date of the approval of the court-martial sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes—
- “(i) an unsuspended dismissal, dishonorable discharge, or bad conduct discharge; and
- “(ii) forfeiture of all pay and allowances.
- “(2) Paragraphs (2) and (3) of subsection (e), paragraphs (1) and (2) of subsection (g), and subsections (f) and (h) of section 1059 of this title shall apply in determining—
- “(A) the amount of transitional compensation to be paid under this section;
- “(B) the period for which such compensation may be paid; and
- “(C) the circumstances under which the payment of such compensation may or will cease.
- “(e) Commissary and exchange benefits—A dependent or former dependent who receives transitional compensation under this section shall, while receiving such payments, be entitled to use commissary and exchange stores in the same manner as provided in subsection (j) of section 1059 of this title.
- “(f) Coordination of benefits—The Secretary concerned may not make payments to a spouse or former spouse under both this section and section 1059 or 1408(h)(1) of this title. In the case of a spouse or former spouse for whom a court order provides for payments by the Secretary pursuant to section 1408(h)(1) of this title and to whom the Secretary offers payments under this section or section 1059, the spouse or former spouse shall elect which payments to receive.
- “(g) Regulations—If the Secretary of Defense (or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) establishes a program to provide transitional compensation under this section, that Secretary shall prescribe regulations to carry out the program.
- “(h) Dependent child defined—In this section, the term dependent child, with respect to a member or former member of the armed forces referred to in subsection (b), has the meaning given such term in subsection (l) of section 1059 of this title, except that status as a dependent child shall be determined as of the date on which the member described in subsection (b) is convicted of the offense concerned.”
- (b) Applicability—Clerical amendment— Paragraph (3) The table of section 1414(d) sections at the beginning of title 10, United States Code, as added by subsection (a), shall apply with respect to payments made under section 1408 chapter 53 of such title 10, United States Code, on or is amended by inserting after the date of item relating to section 1059 the enactment of this Act.following new item:
- (c) Conforming amendment— Subsection (i) of section 1059 of title 10, United States Code, is amended to read as follows:
- “(i) Coordination of benefits—The Secretary concerned may not make payments to a spouse or former spouse under both this section and section 1059a or 1408(h)(1) of this title. In the case of a spouse or former spouse for whom a court order provides for payments by the Secretary pursuant to section 1408(h)(1) of this title and to whom the Secretary offers payments under this section or section 1059a, the spouse or former spouse shall elect which payments to receive.”
## Sec. 622 Prevention of retired pay inversion for members whose retired pay is computed using high-three average — added
- (a) Clarification of rule for members who became members on or after September 8, 1980— Section 1401a(f)(1) of title 10, United States Code, is amended—
- (1) by striking “Notwithstanding any other provision of law, the monthly retired pay of a member or a former member of an armed force” and inserting the following:
- “(A) Members with retired pay computed using final basic pay—The monthly retired pay of a member or former member of an armed force who first became a member of a uniformed service before September 8, 1980, and”
- (2) by adding at the end the following new subparagraph:
- “(B) Members with retired pay computed using high-three—Subject to subsections (d) and (e), the monthly retired pay of a member or former member of an armed force who first became a member of a uniformed service on or after September 8, 1980, may not be less, on the date on which the member or former member initially becomes entitled to such pay, than the monthly retired pay to which the member or former member would be entitled on that date if the member or former member had become entitled to retired pay on an earlier date, adjusted to reflect any applicable increases in such pay under this section. However, in the case of a member or former member whose retired pay is computed subject to section 1407(f) of this title, subparagraph (A) (rather than the preceding sentence) shall apply in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980, but only with respect to a calculation as of the date on which the member or former member first became entitled to retired pay.”
- (b) Applicability— Subparagraph (B) of section 1401a(f)(1) of title 10, United States Code, as added by subsection (a)(2), applies to the computation of retired pay or retainer pay of any member or former member of an Armed Force who first became a member of a uniformed service on or after September 8, 1980, regardless of the date on which the member first becomes entitled to retired or retainer pay.
## Sec. 631 Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals — added
- Section 1587(b) of title 10, United States Code, is amended by striking “take or fail to take” and inserting “take, threaten to take, or fail to take”.
## Sec. 632 Purchase of sustainable products, local food products, and recyclable materials for resale in commissary and exchange store systems — added
- (a) Improved purchasing efforts— Section 2481(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- “(3)
- “(A) The governing body established pursuant to paragraph (2) shall endeavor to increase the purchase for resale at commissary stores and exchange stores of sustainable products, local food products, and recyclable materials.
- “(B) As part of its efforts under subparagraph (A), the governing body shall develop—
- “(i) guidelines for the identification of fresh meat, poultry, seafood, and fish, fresh produce, and other products raised or produced through sustainable methods; and
- “(ii) goals, applicable to all commissary stores and exchange stores world-wide, to maximize, to the maximum extent practical, the purchase of sustainable products, local food products, and recyclable materials by September 30, 2018.”
- (b) Deadline for establishment and guidelines— The initial guidelines required by paragraph (3)(B)(i) of section 2481(c) of title 10, United States Code, as added by subsection (a), shall be issued not later than two years after the date of the enactment of this Act.
## Sec. 633 Correction of obsolete references to certain nonappropriated fund instrumentalities — added
- Section 2105(c) of title 5, United States Code, is amended by striking “Army and Air Force Motion Picture Service, Navy Ship’s Stores Ashore” and inserting “Navy Ships Stores Program”.
## Sec. 641 Authority to provide certain expenses for care and disposition of human remains retained by the Department of Defense for forensic pathology investigation — added
- (a) Disposition of remains of persons whose death is investigated by the armed forces medical examiner—
- (1) Covered decedents— Section 1481(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- “(10) To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose remains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title.”
- (2) Authorized expenses relating to care and disposition of remains— Section 1482 of such title is amended by adding at the end the following new subsection:
- “(g)
- “(1) The payment of expenses incident to the recovery, care, and disposition of the remains of a decedent covered by section 1481(a)(10) of this title is limited to those expenses that, as determined under regulations prescribed by the Secretary of Defense, would not have been incurred but for the retention of those remains for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. The Secretary concerned shall pay all other expenses authorized to be paid under this section only on a reimbursable basis. Amounts reimbursed to the Secretary concerned under this subsection shall be credited to appropriations available at the time of reimbursement for the payment of such expenses.
- “(2) In a case covered by paragraph (1), if the person designated under subsection (c) to direct disposition of the remains of a decedent does not direct disposition of the remains that were retained for the forensic pathology investigation, the Secretary may pay for the transportation of those remains to, and interment or inurnment of those remains in, an appropriate place selected by the Secretary, in lieu of the transportation authorized to be paid under subsection (a)(8).
- “(3) In a case covered by paragraph (1), expenses that may be paid do not include expenses with respect to an escort under subsection (a)(8), whether or not on a reimbursable basis.”
- (b) Clarification of coverage of inurnment— Section 1482(a)(9) of such title is amended by inserting “or inurnment” after “Interment”.
- (c) Technical amendment— Section 1482(f) of such title is amended in the third sentence by striking “this subsection” and inserting “this section”.
## Sec. 642 Provision of status under law by honoring certain members of the reserve components as veterans — added
- (a) Veteran status—
- (1) In general— Chapter 1 of title 38, United States Code, is amended by inserting after section 107 the following new section:
- “107A. Honoring as veterans certain persons who performed service in the reserve components
- “Any person who is entitled under chapter 1223 of title 10 to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this section.”
- (2) Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 107 the following new item:
- (b) Clarification regarding benefits— No person may receive any benefit under the laws administered by the Secretary of Veterans Affairs solely by reason of section 107A of title 38, United States Code, as added by subsection (a).
## Sec. 643 Survey of military pay and benefits preferences — added
- (a) Survey required— The Secretary of Defense shall carry out a anonymous survey of random members of the Armed Forces regarding military pay and benefits.
- (b) Content of survey— A survey under this section shall be conducted for the purpose of soliciting information on the following:
- (1) The value that members of the Armed Forces place on the following forms of compensation relative to one another:
- (A) Basic pay.
- (B) Allowances for housing and subsistence.
- (C) Bonuses and special pays.
- (D) Dependent healthcare benefits.
- (E) Healthcare benefits for retirees under 65 years old.
- (F) Healthcare benefits for Medicare-eligible retirees.
- (G) Retirement pay.
- (2) How the members value different levels of pay or benefits, including the impact of co-payments or deductibles on the value of benefits.
- (3) Any other issues related to military pay and benefits as the Secretary of Defense considers appropriate.
- (4) How information collected pursuant to a previous paragraph varies by age, rank, dependent status, and other factors the Secretary of Defense considers appropriate.
- (c) Submission of results— Upon the completion of a survey conducted under this section, the Secretary of Defense shall submit to Congress and make publicly available a report containing the results of the survey, including both the analyses and the raw data collected.
## Sec. 701 Mental health assessments for members of the Armed Forces
- (a) TRICARE prime enrollment fees—In general— Section 1097 1074m of title 10, United States Code, is amended—
- (1) in subsection (e)—(a)(1)—
- (A) by striking “(1)” before “The Secretary”; redesignating subparagraph (B) and (C) as subparagraph (C) and (D), respectively; and
- (B) by striking paragraph (2); andinserting after subparagraph (A) the following:
- “(B) Once during each 180-day period during which a member is deployed.”
- (2) by adding at the end the following new subsection:in subsection (c)(1)(A)—
- (A) in clause (i), by striking “; and” and inserting a semicolon;
- (B) by redesignating clause (ii) as clause (iii); and
- (C) by inserting after clause (i) the following:
- “(ii) by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and the use of such personnel for the assessments would not impair the capacity of such personnel to perform higher priority tasks; and”
- “(f) Enrollment fees
- “(1) Amount—Beginning January 1, 2014, the enrollment fee described in subsection (e) for a covered beneficiary shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in paragraph (2)) of the retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee nor less than the applicable minimum enrollment fee specified in paragraph (3).
- “(2) Percentage of retired pay—The applicable percentage of retired pay shall be determined in accordance with the following table:
- “(3) Maximum and minimum enrollment fees
- “(A) Before 2018
- “(i) Family groups—For the years 2014 through 2017, the applicable maximum and minimum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table:
- “(ii) Individuals—The applicable maximum and minimum enrollment fees for an individual shall be one-half the corresponding maximum and minimum enrollment fees for a family group of two or more persons (as specified in clause (i)).
- “(B) After 2017—For any year after 2017, the applicable maximum and minimum enrollment fees shall be equal to the maximum and minimum enrollment fees for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such calendar year.
- “(4) Exclusion—Notwithstanding paragraph (1), the enrollment fee described in subsection (e) for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or for a dependent of such a member shall not exceed the amount of any such enrollment fee for 2013.”
- (b) TRICARE standard enrollment fees and cost sharing—Conforming amendment— Section 1086(b) 1074m(a)(2) of such title 10, United States Code, is amended to read as follows:by striking “subparagraph (B) and (C)” and inserting “subparagraph (C) and (D)”.
- “(b) For a person covered by this section, any plan contracted for under section 1079(a) of this title shall contain the following provisions for payment by the patient:
- “(1) An annual enrollment fee. The amount of such annual enrollment fee for a year is—
- “(A) for 2014, $70 for an individual or $140 for a family group of two or more persons;
- “(B) for 2015, $85 for an individual or $170 for a family group of two or more persons;
- “(C) for 2016, $100 for an individual or $200 for a family group of two or more persons;
- “(D) for 2017, $115 for an individual or $230 for a family group of two or more persons;
- “(E) for 2018, $125 for an individual or $250 for a family group of two or more persons; and
- “(F) for any year after 2018, the amount of the applicable enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year.
- “(2) An annual deductible of the charges in a year for all types of care authorized by this section and received while in an outpatient status and 25 percent of all subsequent charges for such care during a year. The amount of such annual deductible for a year is—
- “(A) for 2014, $160 for an individual or $320 for a family group of two or more persons;
- “(B) for 2015, $200 for an individual or $400 for a family group of two or more persons;
- “(C) for 2016, $230 for an individual or $460 for a family group of two or more persons;
- “(D) for 2017, $260 for an individual or $520 for a family group for a family group of two or more persons;
- “(E) for 2018, $290 for an individual or $580 for a family group of two or more persons; and
- “(F) for any year after 2018, the amount of the applicable deductible for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year.
- “(3) 25 percent of the charges for inpatient care. The Secretary of Defense may exempt a patient from paying such charges if the hospital to which the patient is admitted does not impose a legal obligation on any of its patients to pay for inpatient care.
- “(4) A person covered by this section may not be required to pay a total in excess of a catastrophic cap, excluding the amount of any annual enrollment fee under paragraph (1), for health care received during any year under a plan contracted for under section 1079(a) of this title. The amount of such catastrophic cap for a year is—
- “(A) for 2013, $3,000; and
- “(B) for any year after 2013, the amount of the catastrophic cap for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year.
- “(5) Notwithstanding paragraphs (1), (2), and (4), for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member—
- “(A) there is no annual enrollment fee;
- “(B) the annual deductible referred to in paragraph (2) for a year is $150 for an individual or $300 for a family group of two or more persons; and
- “(C) the catastrophic cap for a year is $3,000.”
- (c) TRICARE for life enrollment fees— Section 1086(d)(3) of such title is amended by adding at the end the following new subparagraph:
- “(D)
- “(i) Beginning January 1, 2014, a person described in paragraph (2) (except as provided in clauses (vi) and (vii)), shall pay an annual enrollment fee as a condition of eligibility for health care benefits under this section. Such enrollment fee shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in clause (ii)) of the retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee (specified in clause (iii)).
- “(ii) The applicable percentage of retired pay shall be determined in accordance with the following table:
- “(iii) For any year 2014 through 2017, the applicable maximum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table:
- “(iv) For any year after 2017, the applicable maximum enrollment fee shall be equal to the maximum enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year.
- “(v) The applicable maximum enrollment fee for an individual shall be one-half the corresponding maximum fee for a family group of two or more persons (as determined under clauses (iii) and (iv)).
- “(vi) Clause (i) shall not apply to a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member.
- “(vii) Clause (i) also shall not apply to a person who, prior to the date of the enactment of this subparagraph, met the conditions described in paragraph (2)(A) and (B).”
- (d) TRICARE pharmacy program requirements— Availability of pharmaceutical agents through national mail-order pharmacy program— Section 1074g(a)(5) of such title is amended—
- (A) by striking “at least one of the means described in paragraph (2)(E)” and inserting “the national mail-order pharmacy program”; and
- (B) by striking “may include” and all that follows through the end of the paragraph and inserting “shall include cost sharing by the eligible covered beneficiary as specified in paragraph (6).”.
- (2) Cost sharing amounts— Section 1074g(a)(6) of such title is amended to read as follows:
- “(6)
- “(A) In the case of any of the years 2014 through 2023, the cost sharing amounts referred to in paragraph (5) shall be determined in accordance with the following table:
- “(B) For any year after 2023, the cost sharing amounts referred to in paragraph (5) shall be equal to the cost sharing amounts for the previous year, adjusted by an amount, if any, as determined by the Secretary to reflect changes in the costs of pharmaceutical agents and prescription dispensing, rounded to the nearest dollar.
- “(C) Notwithstanding subparagraphs (A) and (B), the cost-sharing amounts referred to in paragraph (5) for any year for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member shall be equal to the cost sharing amounts, if any, for fiscal year 2013.”
- (3) Refills of prescription maintenance medications through the national mail order pharmacy program— In general— Such section 1074g is further amended by adding at the end the following new subsection:
- “(i) Refills of prescription maintenance medications through the national mail order pharmacy program
- “(1) In general—The pharmacy benefits program shall require eligible covered beneficiaries to refill non-generic prescription maintenance medications through military treatment facility pharmacies or the national mail-order pharmacy program.
- “(2) Medications covered
- “(A) Determination—The Secretary shall determine the maintenance medications subject to the requirement under paragraph (1).
- “(B) Supply—In carrying out the requirement under paragraph (1), the Secretary shall ensure that the medications subject to the requirement under paragraph (1) are—
- “(i) generally available to eligible covered beneficiaries through retail pharmacies only for an initial filing of a 30-day or less supply; and
- “(ii) any refills of such medications are obtained through a military treatment facility pharmacy or the national mail-order pharmacy program.
- “(C) Exemption—The Secretary may exempt the following prescription maintenance medications from the requirements in subparagraph (B):
- “(i) Medications that are for acute care needs.
- “(ii) Such other medications as the Secretary determines appropriate.”
- (B) Conforming amendment— Section 716 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 125 Stat. 1804) is repealed.
- (e) Additional realignment of TRICARE health benefit years from fiscal year to calendar year basis— TRICARE standard— Section 1079(b) of such title 10 is amended by striking “fiscal” each place it appears.
- (2) Transition period— The Secretary of Defense shall prescribe regulations to transition TRICARE health plan benefit years from a fiscal-year basis to a calendar-year basis pursuant to the amendments made by this subsection.
- (3) Conforming and technical amendments— Section 724 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 note) is amended—
- (A) in subsection (b)—
- (i) by striking “For each fiscal year beginning after September 30, 1997, the” and inserting “The”;
- (ii) by inserting “during any year” after “by designated providers”; and
- (iii) by striking “fiscal year.” and inserting “year.”; and
- (B) in subsection (d)(2)(B)—
- (i) by striking “For each fiscal year beginning after September 30, 2003, the” and inserting “The”;
- (ii) by striking “during such fiscal year” the first place it appears and inserting “during any year”; and
- (iii) by striking “fiscal year.” and inserting “year.”.
- (f) Authority To adjust payments into the medicare-Eligible retiree health care fund— Section 1116 of such title is amended by adding at the end the following new subsection:
- “(e)
- “(1) During any fiscal year, if the Secretary of Defense determines that the amount certified under subsection (c) is no longer accurate because of a significant change in circumstances or law, the Secretary of Defense may, if appropriate, certify a revised amount determined in accordance with subsection (b)(2) to the Secretary of the Treasury.
- “(2) If the Secretary of Defense makes a certification under paragraph (1), each other administering Secretary shall make and advise the Secretary of the Treasury of a revised determination, consistent with section 1111(c) of this title.
- “(3) If a certification and determination are made under paragraphs (1) and (2), the Secretary of the Treasury shall promptly pay into or recoup from the Fund the difference between the amount paid into the Fund under subsection (a) and the amount certified or determined by the administering Secretary under paragraph (1) or (2).”
## Sec. 702 Periodic mental health assessments for members of the Armed Forces
- (a) In general— Chapter 55 of title 10, United States Code, is amended by inserting after section 1074m the following new section:
- “1074n. Periodic mental health assessments for members of the armed forces
- “(a) In general—The Secretary of Defense shall provide periodic, person-to-person mental health assessments to each member of the armed forces serving on active duty.
- “(b) Frequency—The Secretary shall determine the frequency of the mental health assessments provided under subsection (a).
- “(c) Elements
- “(1) The mental health assessments provided under subsection (a) shall meet the requirements for mental health assessments as described in section 1074m(c)(1) of this title.
- “(2) The Secretary may treat health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under sections 1074f and 1074m of this title, as meeting the requirements for mental health assessments required under subsection (a) if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.
- “(d) Sharing of information—Section 1074m(e) of this title, regarding the sharing of information with the Secretary of Veterans Affairs, shall apply to mental health assessments provided under subsection (a).
- “(e) Regulations—The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.”
- (b) Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074m the following new item:
- Section 1842(h)(1) of the Social Security Act (42 U.S.C. 1395u(h)(1)) is amended by adding at the end the following new sentence: “Any physician or supplier who voluntarily enters into an agreement with the Secretary to become a participating physician or supplier shall be deemed to have agreed to be a participating provider of medical care or services under any health plan contracted for under section 1079 or 1086 of title 10, United States Code, or under section 1781 of title 38, United States Code, in accordance with the payment methodology and amounts prescribed under joint regulations prescribed by the Secretary, the Secretary of Defense, and the Secretary of Homeland Security pursuant to sections 1079 and 1086 of title 10, United States Code.”.
## Sec. 711 Future availability of TRICARE Prime for certain beneficiaries enrolled in TRICARE Prime — added
- Section 732 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1816) is amended—
- (1) by redesignating subsection (b) as subsection (c); and
- (2) by inserting the following new subsection:
- “(b) Access to TRICARE Prime
- “(1) One-time election—Subject to paragraph (3), the Secretary shall ensure that each affected eligible beneficiary who is enrolled in TRICARE Prime as of September 30, 2013, may make a one-time election to continue such enrollment in TRICARE Prime, notwithstanding that a contract described in subsection (a)(2)(A) does not allow for such enrollment based on the location in which such beneficiary resides. The beneficiary may continue such enrollment in TRICARE Prime so long as the beneficiary resides in the same ZIP code as the ZIP Code in which the beneficiary resided at the time of such election.
- “(2) Enrollment in TRICARE Standard—If an affected eligible beneficiary makes the one-time election under paragraph (1), the beneficiary may thereafter elect to enroll in TRICARE Standard at any time in accordance with a contract described in subsection (a)(2)(A).
- “(3) Residence at time of election—An affected eligible beneficiary may not make the one-time election under paragraph (1) if, at the time of such election, the beneficiary does not reside in a ZIP code that is in a region described in subsection (c)(1)(B).”
## Sec. 712 Cooperative health care agreements between the military departments and non-military health care entities — added
- Section 713 of the National Defense Authorization Act of 2010 (Public Law 111–84; 10 U.S.C. 1073 note) is amended—
- (1) in subsection (a), by striking “Secretary of Defense” and inserting “Secretary concerned”;
- (2) in subsection (b)—
- (A) by striking “Secretary shall” and inserting “Secretary concerned shall”;
- (B) in paragraph (1)(A), by inserting “if the Secretary establishing such agreement is the Secretary of Defense” before the semicolon; and
- (C) in paragraph (3), by inserting “or the military department concerned” after “the Department of Defense”; and
- (3) by adding at the end the following new subsection:
- “(e) Secretary concerned defined—In this section, the term “Secretary concerned” means—
- “(1) the Secretary of a military department; or
- “(2) the Secretary of Defense.”
## Sec. 713 Limitation on availability of funds for integrated electronic health record program — added
- (a) Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for procurement or research, development, test, and evaluation for the Department of Defense for the integrated electronic health record program, not more than 75 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees a report detailing an analysis of alternatives for the plan of the Secretary to proceed with such program.
- (b) Matters included— The report under subsection (a) shall include the following:
- (1) A description of the key performance requirements for the integrated electronic health record program capability.
- (2) An analysis of alternatives for how to acquire and implement an integrated electronic health record capability that meets such requirements.
- (3) An assessment of the budgetary resources and timeline required for each of the evaluated alternatives.
- (4) A recommendation by the Secretary with respect to the alternative preferred by the Secretary.
## Sec. 714 Pilot program on increased third-party collection reimbursements in military medical treatment facilities — added
- (a) Pilot program—
- (1) 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.
- (2) Processes described— The processes described in this paragraph are revenue-cycle management processes, including cash-flow management and accounts-receivable processes.
- (b) Requirements— In carrying out the pilot program under subsection (a)(1), the Secretary shall—
- (1) 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
- (2) conduct a cost-benefit analysis to assess measurable results of the pilot program, including an analysis of—
- (A) the different processes used in the pilot program;
- (B) the amount of third-party collections that resulted from such processes;
- (C) the cost to implement and sustain such processes; and
- (D) any other factors the Secretary determines appropriate to assess the pilot program.
- (c) Locations— The Secretary shall carry out the pilot program under subsection (a)(1)—
- (1) at military installations that have a military medical treatment facility with inpatient and outpatient capabilities;
- (2) at a number of such installations at different military departments that the Secretary determines sufficient to fully assess the results of the pilot program.
- (d) 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.
- (e) 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—
- (1) a comparison of—
- (A) the processes described in subsection (a)(2) that were used in the military medical treatment facilities participating in the program; and
- (B) the third-party collection processes used by military medical treatment facilities not included in the program;
- (2) a cost analysis of implementing the processes described in subsection (a)(2) for third-party collections at military medical treatment facilities; and
- (3) an assessment of the program, including any recommendations to improve third-party collections.
## Sec. 721 Display of budget information for embedded mental health providers of the reserve components — added
- (a) In general— Chapter 9 of title 10, United States Code, is amended by adding at the end the following new section:
- “236. Embedded mental health providers of the reserve components: display of budget information
- “The Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense, a budget justification display with respect to embedded mental health providers within each reserve component, including the amount requested for each such component.”
- (b) Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
## Sec. 722 Authority of Uniformed Services University of Health Sciences to enter into contracts and agreements and make grants to other nonprofit entities — added
- Section 2113(g)(1) of title 10, United States Code, is amended—
- (1) in subparagraph (B)—
- (A) by inserting “, or any other nonprofit entity” after “Military Medicine”; and
- (B) by inserting “, or nonprofit entity,” after “such Foundation”; and
- (2) in subparagraph (C)—
- (A) by inserting “, or any other nonprofit entity,” after “Military Medicine”; and
- (B) by inserting “, or nonprofit entity,” after “such foundation”.
## Sec. 723 Mental health support for military personnel and families — added
- The Secretary of Defense may carry out collaborative programs to—
- (1) respond to the escalating suicide rates and combat stress related arrest rates of members of the Armed Forces; and
- (2) train active duty members to recognize and respond to combat stress disorder, suicide risk, substance addiction, risk-taking behaviors, and family violence.
## Sec. 724 Research regarding hydrocephalus — added
- In conducting the Peer Reviewed Medical Research Program, the Secretary of Defense may consider selecting medical research projects relating to hydrocephalus.
## Sec. 725 Traumatic brain injury research — added
- The Secretary of Defense shall carry out research, development, test, and evaluation activities with respect to traumatic brain injury and psychological health, including activities regarding drug development to halt neurodegeneration following traumatic brain injury.
## Sec. 801 Modification of reporting requirement for Department of Defense business system acquisition programs when initial operating capability is not achieved within five years of Milestone A approval
- (a) Submission to pre-certification authority— Subsection (b) of section 811 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2316; 10 U.S.C. 2222 note) is amended by striking “the system shall be deemed to have undergone” and all that follows through the period and inserting “the appropriate official shall report such failure, along with the facts and circumstances surrounding the failure, to the appropriate pre-certification authority for that system under section 2222 of title 10, United States Code, and the information so reported shall be considered by the pre-certification authority in the decision whether to recommend certification of obligations under that section.”.
- Section 806(g) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note) is amended—
- (b) Covered systems— by striking “Associated Support Services Defined.—In the section, the term” and inserting “Definitions.—In this section:”; andSubsection (c) of such section is amended—
- (1) by striking “3542(b)(2) of title 44” and inserting “section 2222(j)(2) of title 10”; and
- (2) by inserting “, and that is not designated in section 2445a of title 10, United States Code, as a “major automated information system program” or an “other major information technology investment program”” before the period at the end.
- (c) Updated references to DOD issuances— by adding at the end the following new paragraph:Subsection (d) of such section is amended—
- (1) in paragraph (1), by striking “Department of Defense Instruction 5000.2” and inserting “Department of Defense Directive 5000.01”; and
- (2) in paragraph (2), by striking “Department of Defense Instruction 5000.2, dated May 12, 2003” and inserting “Department of Defense Instruction 5000.02, dated December 3, 2008”.
- “(2) Supplies—The term “supplies” means all property except land or interest in land.”
## Sec. 802 Enhanced transfer of technology developed at Department of Defense laboratories
- (a) Extension of a program defined—Definitions— Section 2445a of title 10, United States Code, is amended adding at the end the following new subsection:As used in this section:
- (1) The term “military department” has the meaning provided in section 101 of title 10, United States Code.
- (2) The term “DOD laboratory” or “laboratory” means any facility or group of facilities that—
- (A) is owned, leased, operated, or otherwise used by the Department of Defense; and
- (B) meets the definition of “laboratory” as provided in subsection (d)(2) of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
- (b) Authority—
- (1) In general— The Secretary of Defense and the Secretary of a military department each may authorize the heads of DOD laboratories to grant nonexclusive, exclusive, or partially exclusive licenses, royalty free or for royalties or for rights to other intellectual property, for computer software and its related documentation developed at a DOD laboratory, but only if—
- (A) the computer software and related documentation would be a trade secret under the meaning of section 552(b)(4) of title 5, United States Code, if the information had been obtained from a non-Federal party;
- (B) the public is notified of the availability of the software and related documentation for licensing and interested parties have a fair opportunity to submit applications for licensing;
- (C) such licensing activities and licenses comply with the requirements under section 209 of title 35, United States Code; and
- (D) the software originally was developed to meet the military needs of the Department of Defense.
- “(g) Extension of a program—In this chapter, the term “extension of a program” means, with respect to a major automated information system program or other major information technology investment program, the further deployment or planned deployment to additional users of the system which has already been found operationally effective and suitable by an independent test agency or the Director of Operational Test and Evaluation, beyond the scope planned in the original estimate or information originally submitted on the program.”
- (b) Reports on critical changes in MAIS programs— Subsection (d) of section 2445c of such title is amended—
- (2) Protections against unauthorized disclosure— in The Secretary of Defense and the Secretary of a military department each shall provide appropriate precautions against the unauthorized disclosure of any computer software or documentation covered by paragraph (1), (1)(A), including exemption from section 552 of title 5, United States Code, for a period of up to 5 years after the development of the computer software by striking “paragraph (2)” and inserting “paragraph (3)”;the DOD laboratory.
- (c) Royalties—
- (1) Use of royalties— Except as provided in paragraph (2), any royalties or other payments received by the Department of Defense or a military department from licensing computer software or documentation under paragraph (b)(1) shall be retained by the Department of Defense or the military department and shall be disposed of as follows:
- (A)
- (i) The Department of Defense or the military department shall pay each year the first $2,000, and thereafter at least 15 percent, of the royalties or other payments, to be divided among the employees who developed the computer software.
- (ii) The Department of Defense or the military department may provide appropriate lesser incentives, from the royalties or other payments, to laboratory employees who are not developers of such computer software but who substantially increased the technical value of the software.
- (iii) The Department of Defense or the military department shall retain the royalties and other payments received until it makes payments to employees of a DOD laboratory under clause (i) or (ii).
- (iv) The Department of Defense or the military department may retain an amount reasonably necessary to pay expenses incidental to the administration and distribution of royalties or other payments under this section by an organizational unit of the Department of Defense or military department other than its laboratories.
- (B) The balance of the royalties or other payments shall be transferred by the Department of Defense or the military department to its laboratories, with the majority share of the royalties or other payments going to the laboratory where the development occurred. The royalties or other payments so transferred to any DOD laboratory may be used or obligated by that laboratory during the fiscal year in which they are received or during the 2 succeeding fiscal years—
- (i) to reward scientific, engineering, and technical employees of the DOD laboratory, including developers of sensitive or classified technology, regardless of whether the technology has commercial applications;
- (ii) to further scientific exchange among the laboratories of the agency;
- (iii) for education and training of employees consistent with the research and development missions and objectives of the Department of Defense, military department, or DOD laboratory, and for other activities that increase the potential for transfer of the technology of the laboratories;
- (iv) for payment of expenses incidental to the administration and licensing of computer software or other intellectual property made at that DOD laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for intellectual property management and licensing services; or
- (v) for scientific research and development consistent with the research and development missions and objectives of the DOD laboratory.
- (C) All royalties or other payments retained by the Department of Defense, military department, or DOD laboratory after payments have been made pursuant to subparagraphs (A) and (B) that are unobligated and unexpended at the end of the second fiscal year succeeding the fiscal year in which the royalties and other payments were received shall be paid into the Treasury of the United States.
- (2) Exception— If, after payments under paragraph (1)(A), the balance of the royalties or other payments received by the Department of Defense or the military department in any fiscal year exceed 5 percent of the funds received for use by the DOD laboratory for research, development, engineering, testing, and evaluation or other related administrative, processing or value-added activities for that year, 75 percent of such excess shall be paid to the Treasury of the United States and the remaining 25 percent may be used or obligated under paragraph (1)(B). Any funds not so used or obligated shall be paid into the Treasury of the United States.
- (3) Status of payments to employees— Any payment made to an employee under this section shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which the employee is otherwise entitled or for which the employee is otherwise eligible or limit the amount thereof except that the monetary value of an award for the same project or effort shall be deducted from the amount otherwise available under this paragraph. Payments, determined under the terms of this paragraph and made to an employee developer as such, may continue after the developer leaves the DOD laboratory or the Department of Defense or military department. Payments made under this section shall not exceed $75,000 per year to any one person, unless the President approves a larger award (with the excess over $75,000 being treated as a Presidential award under section 4504 of title 5, United States Code).
- (d) Information in report— The report required by section 2515(d) of title 10, United States Code, shall include information regarding the implementation and effectiveness of this section.
- (2) by redesignating paragraph (2) as paragraph (3); and
- (3) by inserting after paragraph (1) the following new paragraph (2):
- “(2) Notification when variance due to congressional action or extension of program—If a senior Department of Defense official who, following receipt of a quarterly report described in paragraph (1) and making a determination described in paragraph (3), also determines that the circumstances resulting in the determination described in paragraph (3) either (A) are primarily the result of congressional action, or (B) are primarily due to an extension of a program, the official may, in lieu of carrying out an evaluation and submitting a report in accordance with paragraph (1), submit to the congressional defense committees, within 45 days after receiving the quarterly report, a notification that the official has made those determinations. If such a notification is submitted, the limitation in subsection (g)(1) does not apply with respect to that determination under paragraph (3).”
- (c) Conforming cross-Reference amendment— Subsection (g)(1) of such section is amended by striking “subsection (d)(2)” and inserting “subsection (d)(3)”.
- (d) Total acquisition cost information— Section 2445b(b)(3) of title 10, United States Code, is amended by striking “development costs” and inserting “total acquisition costs”.
- (2) Section 2445c of such title is amended—
- (A) in subparagraph (B) of subsection (c)(2), by striking “program development cost” and inserting “total acquisition cost”; and
- (B) in subparagraph (C) of subsection (d)(3) (as redesignated by subsection (b)(2)), by striking “program development cost” and inserting “total acquisition cost”.
- (e) Clarification of cross-Reference—Expiration— Section 2445c(g)(2) of such title is amended by striking “in compliance with the requirements of subsection (d)(2)” and inserting “under subsection (d)(1)(B)”.The authority provided in this section shall expire on December 31, 2018.
## 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—
- (a) Submission to pre-Certification authority— Subsection (b) of section 811 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2316) is amended by striking “the system shall be deemed to have undergone” and all that follows through the period and inserting “the appropriate official shall report such failure, along with the facts and circumstances surrounding the failure, to the appropriate pre-certification authority for that system under section 2222 of title 10, United States Code, and the information so reported shall be considered by the pre-certification authority in the decision whether to recommend certification of obligations under that section.”.
- (1) Covered systems— Subsection (c) of such section is amended—by striking “fiscal year 2012 or 2013” each place it appears and inserting “fiscal year 2012, 2013, 2014 or 2015”; and
- (1) by striking “3542(b)(2) of title 44” and inserting “section 2222(j)(2) of title 10”; and
- (2) by inserting “, and that is not designated in section 2445a of title 10, United States Code, as a “major automated information system program” or an “other major information technology investment program”” before the period at the end.
- (2) Updated references to DoD issuances— Subsection (d) of such section is amended—by striking “fiscal years 2012 and 2013” each place it appears and inserting “fiscal years 2012, 2013, 2014, and 2015”.
- (1) in paragraph (1), by striking “Department of Defense Instruction 5000.2” and inserting “Department of Defense Directive 5000.01”; and
- (2) in paragraph (2), by striking “Department of Defense Instruction 5000.2, dated May 12, 2003” and inserting “Department of Defense Instruction 5000.02, dated December 3, 2008”.
## Sec. 804 Enhanced transfer of technology developed at Department of Defense laboratories — removed
- (a) Definitions— As used in this section:
- (1) The terms “department” and “military department” have the meaning given those terms in section 101 of title 10, United States Code.
- (2) The term “DoD laboratory” or “laboratory” means any facility or group of facilities that—
- (A) is owned, leased, operated, or otherwise used by the Department of Defense; and
- (B) meets the definition of “laboratory” as provided in subsection (d)(2) of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
- (b) Authority— In general— The Secretary of Defense and the Secretaries of the military departments each may authorize the heads of DoD laboratories to grant nonexclusive, exclusive, or partially exclusive licenses, royalty free or for royalties or for rights to other intellectual property, for computer software and its related documentation developed at a DoD laboratory, but only if—
- (A) the computer software and related documentation would be a trade secret under the meaning of section 552(b)(4) of title 5, United States Code, if the information had been obtained from a non-Federal party;
- (B) the public is notified of the availability of the software and related documentation for licensing and interested parties have a fair opportunity to submit applications for licensing;
- (C) such licensing activities and licenses shall comply with the requirements under section 209 of title 35, United States Code; and
- (D) the software originally was developed to meet the military needs of the Department of Defense.
- (2) Protections against unauthorized disclosure— The Secretary of Defense and the Secretaries of the military departments each shall provide appropriate precautions against the unauthorized disclosure of any computer software or documentation covered by paragraph (1)(A), including exemption from section 552 of title 5, United States Code, for a period of up to 5 years after the development of the computer software by the DoD laboratory.
- (c) Royalties— Use of royalties— Except as provided in paragraph (2), any royalties or other payments received by the department from licensing computer software or documentation under paragraph (b)(1) shall be retained by the department and shall be disposed of as follows:
- (A) The department shall pay each year the first $2,000, and thereafter at least 15 percent, of the royalties or other payments to be divided among the employees who developed the computer software.
- (ii) The department may provide appropriate lesser incentives, from royalties or other payments, to laboratory employees who are not developers of such computer software but who substantially increased the technical value of the software.
- (iii) The department shall retain the royalties and other payments received until it makes payments to employees of a DoD laboratory under clause (i) or (ii).
- (iv) The department may retain an amount reasonably necessary to pay expenses incidental to the administration and distribution of royalties or other payments under this section by an organizational unit of the department other than its laboratories.
- (B) The balance of the royalties or other payments shall be transferred by the department to its laboratories, with the majority share of the royalties or other payments going to the laboratory where the development occurred. The royalties or other payments so transferred to any DoD laboratory may be used or obligated by that laboratory during the fiscal year in which they are received or during the 2 succeeding fiscal years—
- (i) to reward scientific, engineering, and technical employees of the DoD laboratory, including developers of sensitive or classified technology, regardless of whether the technology has commercial applications;
- (ii) to further scientific exchange among the laboratories of the agency;
- (iii) for education and training of employees consistent with the research and development missions and objectives of the department or DoD laboratory, and for other activities that increase the potential for transfer of the technology of the laboratories;
- (iv) for payment of expenses incidental to the administration and licensing of computer software or other intellectual property made at that DoD laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for intellectual property management and licensing services; or
- (v) for scientific research and development consistent with the research and development missions and objectives of the DoD laboratory.
- (C) All royalties or other payments retained by the department or DoD laboratory after payments have been made pursuant to subparagraphs (A) and (B) that are unobligated and unexpended at the end of the second fiscal year succeeding the fiscal year in which the royalties and other payments were received shall be paid into the Treasury.
- (2) Exception— If, after payments under paragraph (1)(A), the balance of the royalties or other payments received by the department in any fiscal year exceed 5 percent of the funds received for use by the DoD laboratory for research, development, engineering, testing and evaluation or other related administrative, processing or value-added activities for that year, 75 percent of such excess shall be paid to the Treasury of the United States and the remaining 25 percent may be used or obligated under paragraph (1)(B). Any funds not so used or obligated shall be paid into the Treasury of the United States.
- (3) Status of payments to employees— Any payment made to an employee under this section shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which the employee is otherwise entitled or for which the employee is otherwise eligible or limit the amount thereof except that the monetary value of an award for the same project or effort shall be deducted from the amount otherwise available under this paragraph. Payments, determined under the terms of this paragraph and made to an employee developer as such, may continue after the developer leaves the DoD laboratory or department. Payments made under this section shall not exceed $75,000 per year to any one person, unless the President approves a larger award (with the excess over $75,000 being treated as a Presidential award under section 4504 of title 5).
- (d) Information in report— The report required by section 2515(d) of title 10, United States Code, shall include information regarding the implementation and effectiveness of this section.
- (e) Expiration— The authority provided in this section shall expire on December 31, 2018.
## Sec. 805 Extension of authority for program to award prizes for advanced technology achievements — removed
- Section 2374a of title 10, United States Code, is amended by striking “September 30, 2013” in subsection (f) and inserting “September 30, 2017”.
## Sec. 806 Revisions to eligibility for, and amount of, financial assistance under Department of Defense Science, Mathematics, and Research for Transformation program — removed
- (a) Eligibility for educational assistance— Paragraph (1) of section 2192a(b) of title 10, United States Code, is amended—
- (1) by striking subparagraph (A); and
- (2) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.
- (b) Amount of educational assistance— Paragraph (2) of such section is amended by striking “the amount determined” and all that follows through “room and board” and inserting “an amount determined by the Secretary of Defense”.
- (c) Concurrence of secretary of state for awards to non-Citizens— Such section is further amended by adding at the end the following new paragraph:
- “(4) For the purposes of paragraph (1), a scholarship or fellowship awarded to a person who is not a citizen of the United States may only be awarded with the concurrence of the Secretary of State.”
## Sec. 811 Additional contractor responsibilities in regulations relating to detection and avoidance of counterfeit electronic parts — added
- Section 818(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1493; 10 U.S.C. 2302 note) is amended—
- (1) in clause (i), by inserting “electronic” after “avoid counterfeit”; and
- (2) in clause (ii), by striking “were provided” and inserting the following:
- “(I) procured from an original manufacturer or its authorized dealer or from a trusted supplier in accordance with regulations described in paragraph (3); or
- “(II) provided”
## Sec. 812 Amendments relating to detection and avoidance of counterfeit electronic parts — added
- Section 818(c)(2) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note) is amended—
- (1) in subparagraph (A), by striking “and” at the end;
- (2) in subparagraph (B), at the end of clause (iii), by striking the period and inserting “; and”; and
- (3) by adding at the end the following new subparagraph:
- “(C) the cost of counterfeit electronic parts and suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of obsolete parts are not allowable costs under Department contracts, unless—
- “(i) the offeror’s proposal in response to a Department of Defense solicitation for maintenance, refurbishment, or remanufacture work identifies obsolete electronic parts and includes a plan to ensure trusted sources of supply for obsolete electronic parts, or to implement design modifications to eliminate obsolete electronic parts;
- “(ii) the Department elects not to fund design modifications to eliminate obsolete electronic parts; and
- “(iii) the contractor applies inspections and tests intended to detect counterfeit electronic parts and suspect counterfeit electronic parts when purchasing electronic parts from other than the original manufacturers or their authorized dealers, pursuant to paragraph (3).”
## Sec. 813 Government-wide limitations on allowable costs for contractor compensation — added
- (a) Defense contracts—
- (1) Amendments relating to contractor employees— Subparagraph (P) of section 2324(e)(1) of title 10, United States Code, is amended to read as follows:
- “(P) Costs of compensation of any contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds $763,029 adjusted annually for the U.S. Bureau of Labor Statistics Employment Cost Index for total compensation for private industry workers, by occupational and industry group not seasonally adjusted, except that the Secretary of Defense may establish narrowly targeted exceptions for positions in the science, technology, engineering, mathematics, medical, and manufacturing fields upon a determination that such exceptions are needed to ensure that the Department of Defense has continued access to needed skills and capabilities.”
- (2) Amendments relating to senior executives of certain contractors— Section 2324(e)(1) of such title is further amended by adding at the end the following new subparagraph:
- “(Q) Costs of compensation of senior executives of a covered contractor.”
- (3) Definitions— Section 2324(l) of such title is amended—
- (A) by inserting after paragraph (4) the following new paragraph (5):
- “(5) The term “senior executives”, with respect to a covered contractor, means the five most highly compensated employees of the contractor. In determining the five most highly compensated employees in the case of a contractor with components (such as subsidiaries or divisions), the determination shall be made using the five most highly compensated employees contractor-wide, not within each component.”
- (B) by inserting after paragraph (6) the following new paragraph (7):
- “(7) The term “covered contractor”, with respect to a fiscal year, means a contractor that was awarded Federal contracts in an amount totaling more than $500,000,000 during the previous fiscal year.”
- (b) Civilian agency contracts—
- (1) Amendments relating to contractor employees— Paragraph (16) of section 4304(a) of title 41, United States Code, is amended to read as follows:
- “(16) Costs of compensation of any contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds $763,029 adjusted annually for the U.S. Bureau of Labor Statistics Employment Cost Index for total compensation for private industry workers, by occupational and industry group not seasonally adjusted, except that the executive agency may establish narrowly targeted exceptions for positions in the science, technology, engineering, mathematics, medical, and manufacturing fields upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.”
- (2) Amendments relating to senior executives of certain contractors— Section 4304(a) of such title is further amended by adding at the end the following new paragraph:
- “(17) Costs of compensation of senior executives of a covered contractor.”
- (3) Definitions— Section 4301 of such title is amended by striking paragraph (4) and inserting the following new paragraphs (4) and (5):
- “(4) The term “senior executives”, with respect to a covered contractor, means the five most highly compensated employees of the contractor. In determining the five most highly compensated employees in the case of a contractor with components (such as subsidiaries or divisions), the determination shall be made using the five most highly compensated employees contractor-wide, not within each component.
- “(5) The term “covered contractor”, with respect to a fiscal year, means a contractor that was awarded Federal contracts in an amount totaling more than $500,000,000 during the previous fiscal year.”
- (c) Conforming amendments— Chapter 11 of title 41, United States Code, is amended—
- (1) by striking section 1127; and
- (2) by striking the item relating to that section in the table of sections at the beginning of such chapter.
- (d) Effective date— The amendments made by this section shall apply with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after the date of the enactment of this Act.
## Sec. 814 Inclusion of additional cost estimate information in certain reports — added
- (a) Additional cost estimate information required to be included in Selected Acquisition Reports— Section 2432(c)(1) of title 10, United States Code, is amended—
- (1) by redesignating subparagraphs (B), (C) and (D) as subparagraphs (C), (D), and (F), respectively;
- (2) by inserting after subparagraph (A) the following new subparagraph (B):
- “(B) for each major defense acquisition program or designated major subprogram included in the report—
- “(i) the Baseline Estimate (as that term is defined in section 2433(a)(2) of this title), along with the associated risk curve and sensitivity of that estimate;
- “(ii) the original Baseline Estimate (as that term is defined in section 2435(d)(1) of this title), along with the associated risk curve and sensitivity of that estimate;
- “(iii) if the original Baseline Estimate was adjusted or revised pursuant to section 2435(d)(2) of this title, such adjusted or revised estimate, along with the associated risk curve and sensitivity of that estimate; and
- “(iv) the primary risk parameters associated with the current procurement cost for the program (as that term is used in section 2432(e)(4) of this title);”
- (3) in subparagraph (D), as so redesignated, by striking “and” at the end; and
- (4) by inserting after subparagraph (D), as so redesignated, the following new subparagraph (E):
- “(E) estimated contract termination costs; and”
- (b) Additional duties of Director of Cost Assessment and Program Evaluation with respect to SAR—
- (1) Review required— Section 2334(a) of title 10, United States Code, is amended—
- (A) by striking “and” at the end of paragraph (6);
- (B) by striking the period and inserting “; and” at the end of paragraph (7); and
- (C) by adding at the end the following new paragraph (8):
- “(8) annually review the cost estimates and associated information required to be included, by section 2432(c)(1)(B) of this title, in the Selected Acquisition Reports required by that section.”
- (2) Additional information required in annual report— Section 2334(f)(1) of such title is amended—
- (A) by striking “report, an assessment of—” and inserting “report—”;
- (B) in each of subparagraphs (A), (B), and (C), by inserting “an assessment of” before the first word of the text;
- (C) in subparagraph (B), by striking “and” at the end;
- (D) in subparagraph (C), by striking the period at the end and inserting “; and”; and
- (E) by adding at the end the following new subparagraph:
- “(D) a summary of the cost estimate information reviewed under subsection (a)(8), an identification of any trends in that information, an aggregation of the cumulative risk of the portfolio of systems reviewed under that subsection, and recommendations for improving cost estimates on the basis of the review under that subsection.”
## Sec. 815 Amendment relating to compelling reasons for waiving suspension or debarment — added
- Section 2393(b) of title 10, United States Code, is amended by inserting after the first sentence the following: “The Secretary of Defense shall also make the determination described in subsection (a)(2) available on a publicly accessible website.”.
## Sec. 816 Requirement that cost or price to the Federal Government be given at least equal importance as technical or other criteria in evaluating competitive proposals for defense contracts — added
- (a) Requirement— Subparagraph (A) of section 2305(a)(3) of title 10, United States Code, is amended by striking “proposals; and” at the end of clause (ii) and all that follows through the end of the subparagraph and inserting the following: “proposals and that must be assigned importance at least equal to all evaluation factors other than cost or price when combined.”.
- (b) Waiver— Section 2305(a)(3) of such title is further amended by striking subparagraph (B) and inserting the following:
- “(B) The requirement of subparagraph (A)(ii) relating to assigning at least equal importance to evaluation factors of cost or price may be waived by the head of the agency.”
- (c) Report— Section 2305(a)(3) of such title is further amended by adding at the end the following new subparagraph:
- “(C) Not later than 180 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress, and post on a publicly available website of the Department of Defense, a report containing a list of each waiver issued by the head of an agency under subparagraph (B) during the preceding fiscal year.”
## Sec. 817 Requirement to buy American flags from domestic sources — added
- Section 2533a(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
- “(3) A flag of the United States of America (within the meaning of chapter 1 of title 4).”
## Sec. 821 Amendments relating to prohibition on contracting with the enemy — added
- (a) Amendments relating to prohibition— Section 841(a)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 126 Stat. 1510) is amended—
- (1) in the matter preceding subparagraph (A), by striking “Commander of the United States Central Command” and inserting “commander of a covered combatant command”;
- (2) in subparagraph (A)—
- (A) by striking “Commander of the United States Central Command” and inserting “commander of the covered combatant command”; and
- (B) by striking “United States Central Command theater of operations” and inserting “theater of operations of that command”;
- (3) in subparagraph (B), by striking “United States Central Command theater of operations” and inserting “theater of operations of the covered combatant command”; and
- (4) in subparagraph (C)—
- (A) by striking “Commander of the United States Central Command” and inserting “commander of the covered combatant command”; and
- (B) by striking “United States Central Command theater of operations” and inserting “theater of operations of that command”.
- (b) Amendments relating to contract clause— Section 841(b)(3) of such Act is amended—
- (1) by striking “$100,000” and inserting “$50,000”; and
- (2) by striking “United States Central Command theater of operations” and inserting “theater of operations of a covered combatant command”.
- (c) Amendments relating to identification of contracts— Section 841(c) of such Act is amended—
- (1) in paragraph (1)—
- (A) by striking “, acting through the Commander of the United States Central Command,”; and
- (B) by striking “United States Central Command theater of operations” and inserting “theaters of operations of covered combatant commands”;
- (2) in paragraph (2)—
- (A) by striking “Commander of the United States Central Command” and inserting “commander of a covered combatant command”; and
- (B) by striking “Commander may notify” and inserting “commander may notify”; and
- (3) in paragraph (3), by striking “Commander of the United States Central Command” and inserting “commander of a covered combatant command”.
- (d) Amendments relating to nondelegation of responsibilities— Section 841(d)(2) of such Act is amended by striking “Commander of the United States Central Command” and inserting “commander of a covered combatant command”.
- (e) Amendments relating to definitions— Section 841(f) of such Act is amended—
- (1) by striking the subsection heading and inserting “Definitions.—”;
- (2) by striking “In this section, the term” and inserting the following:
- “(1) Contingency operation—The term”
- (3) by adding at the end the following new paragraph:
- “(2) Covered combatant command—The term “covered combatant command” means the United States Central Command, the United States European Command, the United States Southern Command, and the United States Pacific Command.”
- (f) Repeal of sunset— Subsection (g) of section 841 of such Act is repealed.
- (g) Technical amendments—
- (1) Conforming amendment to section heading—
- (A) The heading of section 841 of such Act is amended by striking “in the United States Central Command Theater of Operations”.
- (B) The item relating to section 841 in the table of sections at the beginning of title VIII and in section 2 of such Act is amended to read as follows:
- (2) Repeal of superseded deadlines— Paragraph (1) of each of subsections (a), (b), and (c) of section 841 of such Act is amended by striking “Not later than 30 days after the date of the enactment of this Act, the” and inserting “The”.
- (h) Effective date— The amendments made by this section shall apply to contracts entered into on or after the date that is 90 days after the date of the enactment of this Act.
## Sec. 822 Collection of data relating to contracts in Iraq and Afghanistan — added
- (a) Penalties— Section 861 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note) is amended by adding at the end the following new subsection:
- “(e) Penalties for failure to comply—Any contract in Afghanistan entered into or modified after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 may include a clause requiring the imposition of a penalty on any contractor that does not comply with the policies or guidance issued or the regulations prescribed pursuant to subsection (c). Compliance with such policies, guidance, or regulations may be considered as a factor in the determination of award and incentive fees.”
- (b) Penalty information covered in report— Section 863(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note) is amended by adding at the end the following new paragraph:
- “(4) Any penalties imposed on contractors for failing to comply with requirements under section 861(e), including requirements to provide information for the common databases identified under section 861(b)(4).”
## Sec. 831 Extension of pilot program on acquisition of military purpose nondevelopmental items — added
- Section 866(f)(1) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4296; 10 U.S.C. 2302 note) is amended by striking “the date that is five years after the date of the enactment of this Act.” and inserting “December 31, 2019.”.
## Sec. 832 Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan — added
- Section 801(f) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399), as amended by section 841(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1845), is amended by striking “December 31, 2014” and inserting “December 31, 2015”.
## Sec. 901 Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps
- (a) Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps—
- (1) Redesignation of Military Department— The military department designated as the Department of the Navy is redesignated as the Department of the Navy and Marine Corps.
- (2) Redesignation of Secretary and Other Statutory Offices—
- (A) Secretary— The position of the Secretary of the Navy is redesignated as the Secretary of the Navy and Marine Corps.
- (B) Other statutory offices— The positions of the Under Secretary of the Navy, the four Assistant Secretaries of the Navy, and the General Counsel of the Department of the Navy are redesignated as the Under Secretary of the Navy and Marine Corps, the Assistant Secretaries of the Navy and Marine Corps, and the General Counsel of the Department of the Navy and Marine Corps, respectively.
- (b) Conforming amendments to title 10, United States Code—
- (1) Definition of “Military Department”— Paragraph (8) of section 101(a) of title 10, United States Code, is amended to read as follows:
- “(8) The term “military department” means the Department of the Army, the Department of the Navy and Marine Corps, and the Department of the Air Force.”
- (2) Organization of Department— The text of section 5011 of such title is amended to read as follows: “The Department of the Navy and Marine Corps is separately organized under the Secretary of the Navy and Marine Corps.”.
- (3) Position of Secretary— Section 5013(a)(1) of such title is amended by striking “There is a Secretary of the Navy” and inserting “There is a Secretary of the Navy and Marine Corps”.
- (4) Chapter Headings—
- (A) The heading of chapter 503 of such title is amended to read as follows:
- “503 Department of the Navy and Marine Corps”
- (B) The heading of chapter 507 of such title is amended to read as follows:
- “507 Composition of the Department of the Navy and Marine Corps”
- (5) Other Amendments—
- (A) Title 10, United States Code, is amended by striking “Department of the Navy” and “Secretary of the Navy” each place they appear other than as specified in paragraphs (1), (2), (3), and (4) (including in section headings, subsection captions, tables of chapters, and tables of sections) and inserting “Department of the Navy and Marine Corps” and “Secretary of the Navy and Marine Corps”, respectively, in each case with the matter inserted to be in the same typeface and typestyle as the matter stricken.
- (B)
- (i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2), 5032(a), and 5042(a) of such title are amended by striking “Assistant Secretaries of the Navy” and inserting “Assistant Secretaries of the Navy and Marine Corps”.
- (ii) The heading of section 5016 of such title, and the item relating to such section in the table of sections at the beginning of chapter 503 of such title, are each amended by inserting “and Marine Corps” after “of the Navy”, with the matter inserted in each case to be in the same typeface and typestyle as the matter amended.
- (c) Other provisions of law and other references—
- (1) Title 37, United States Code— Title 37, United States Code, is amended by striking “Department of the Navy” and “Secretary of the Navy” each place they appear and inserting “Department of the Navy and Marine Corps” and “Secretary of the Navy and Marine Corps”, respectively.
- (2) Other References— Any reference in any law other than in title 10 or title 37, United States Code, or in any regulation, document, record, or other paper of the United States, to the Department of the Navy shall be considered to be a reference to the Department of the Navy and Marine Corps. Any such reference to an office specified in subsection (a)(2) shall be considered to be a reference to that office as redesignated by that section.
- (d) Effective date— This section and the amendments made by this section shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act.
- Subsection (d) of section 137a of title 10, United States Code, is amended by striking “and the Deputy Chief Management Officer of the Department of Defense.” and inserting “the Deputy Chief Management Officer of the Department of Defense, and the officials serving in positions specified in section 131(b)(4) of this title.”.
## Sec. 902 Revisions to composition of transition plan for defense business enterprise architecture
- Paragraph (5) of section 153(a) Section 2222(e) of title 10, United States Code, is amended—
- (1) in the paragraph heading, (1), by striking “Doctrine, training, and education” “defense business enterprise architecture” and inserting “Joint force development activities”;“target defense business systems computing environment described in subsection (d)(3)”;
- (2) in subparagraph (B), by inserting “and technical standards, and executing actions” after “policies”;paragraph (2)—
- (A) by striking “existing as of September 30, 2011 (known as “legacy systems”) that will not be part of the defense business enterprise architecture” and inserting “that will be phased out of the defense business systems computing environment within three years after review and certification as “legacy systems” by the investment management process established under subsection (g)”; and
- (B) by striking “that provides for reducing the use of those legacy systems in phases”; and
- (3) in subparagraph (C), paragraph (3), by striking “and training”; and“legacy systems (referred to in subparagraph (B)) that will be a part of the target defense business systems computing environment described in subsection (d)(3)” and inserting “existing systems that are part of the target defense business systems computing environment”.
- (4) by adding at the end the following new subparagraphs:
- “(D) Formulating policies for concept development and experimentation for the joint employment of the armed forces.
- “(E) Formulating policies for gathering, developing, and disseminating joint lessons learned for the armed forces.”
## Sec. 903 Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities — removed
- (a) Period for required audits— Section 432(b)(2) of such title is amended by striking “annually” in the first sentence and inserting “biennially”.
- (b) Repeal of designation of defense intelligence agency as required oversight authority within Department of Defense— Section 436(4) of such title is amended—
- (1) by striking “within the Defense Intelligence Agency” and inserting “within the Department of Defense”; and
- (2) by striking “management and supervision” and inserting “oversight”.
- (c) Technical amendments— Definition of congressional intelligence committees— Section 437 of such title is amended—
- (A) in subsections (a) and (b), by inserting “congressional” before “intelligence committees”; and
- (B) 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 that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a).”
- (2) Conforming amendments— The second sentence of section 432(b)(2) of such title is amended—
- (A) by inserting “congressional” before “intelligence committees”; and
- (B) by striking “section 437(d)” and inserting “section 437(c)”.
## Sec. 904 Change to reference to the major Department of Defense headquarters activities issuance — removed
- Section 194(f) of title 10, United States Code, is amended by striking “Directive 5100.73” and all that follows and inserting “Instruction 5100.73, entitled “Major DoD Headquarters Activities”.”
## Sec. 911 National security space satellite reporting policy — added
- (a) Sense of Congress— It is the sense of Congress that—
- (1) the Department of Defense depends on national security space programs to support, among other critical capabilities—
- (A) communications;
- (B) missile warning;
- (C) position, navigation, and timing;
- (D) intelligence, surveillance, and reconnaissance; and
- (E) environmental monitoring; and
- (2) foreign threats to national security space systems are increasing.
- (b) Notification of foreign interference of national security space— Chapter 135 of title 10, United States Code, is amended by adding at the end the following new section:
- “2278. Notification of foreign interference of national security space
- “(a) Notice required—The Secretary of Defense shall, with respect to each attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability, provide to the appropriate congressional committees—
- “(1) not later than 48 hours after the Secretary determines that there is reason to believe such attempt occurred, notice of such attempt; and
- “(2) not later than 10 days after the date on which the Secretary determines that there is reason to believe such attempt occurred, a notification described in subsection (b) with respect to such attempt.
- “(b) Notification description—A notification described in this subsection is a notification that includes—
- “(1) the name and a brief description of the national security space capability that was impacted by an attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability;
- “(2) a description of such attempt, including the foreign actor, the date and time of such attempt, and any related capability outage and the mission impact of such outage; and
- “(3) any other information the Secretary considers relevant.
- “(c) Appropriate congressional committees defined—The term “appropriate congressional committees” means—
- “(1) the congressional defense committees; and
- “(2) with respect to a notice or notification related to an attempt by a foreign entity to disrupt, degrade, or destroy a United States national security space capability that is intelligence-related, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.”
- (c) Table of sections amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following item:
## Sec. 912 National security space defense and protection — added
- (a) Review— The Secretary of the Air Force shall enter into an arrangement with the National Research Council to—
- (1) in response to the near-term and long-term threats to the national security space systems of the United States, conduct a review of—
- (A) the range of strategic options available to address such threats, in terms of deterring hostile actions, defeating hostile actions, or surviving hostile actions until such actions conclude;
- (B) strategies and plans to counter such threats, including resilience, reconstitution, disaggregation, and other appropriate concepts; and
- (C) existing and planned architectures, warfighter requirements, technology development, systems, workforce, or other factors related to addressing such threats; and
- (2) identify recommend courses of action to address such threats, including potential barriers or limiting factors in implementing such courses of action.
- (b) Report—
- (1) In general— Not later than one year after the date of the enactment of this Act, the National Research Council shall submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing the results of the review conducted pursuant to the arrangement under subsection (a) and the recommended courses of action identified pursuant to such arrangement.
- (2) Form— The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
- (c) Space protection strategy— Section 911(f)(1) of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2271 note) is amended by striking “including each of the matters required by subsection (c).” and inserting the following:
- “(A) each of the matters required by subsection (c); and
- “(B) a description of how the Department of Defense and the intelligence community plan to provide necessary national security capabilities, through alternative space, airborne, or ground systems, if a foreign actor degrades, denies access to, or destroys United States national security space capabilities.”
## Sec. 913 Space acquisition strategy — added
- (a) Strategy required— The Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with the Chief Information Officer of the Department of Defense, shall establish a strategy to enable the multi-year procurement of commercial satellite services.
- (b) Basis— The strategy required under subsection (a) shall include and be based on—
- (1) an analysis of financial or other benefits to acquiring satellite services through multi-year acquisition approaches;
- (2) an analysis of the risks associated with such acquisition approaches;
- (3) an identification of methods to address planning, programming, budgeting, and execution challenges to such approaches, including methods to address potential termination liability or cancellation costs generally associated with multi-year contracts;
- (4) an identification of any changes needed in the requirements development and approval processes of the Department of Defense to facilitate effective and efficient implementation of such strategy, including an identification of any consolidation of requirements for such services across the Department that may achieve increased buying power and efficiency; and
- (5) an identification of any necessary changes to policies, procedures, regulations, or statutes.
- (c) Submission— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with the Chief Information Officer of the Department of Defense, shall submit to the congressional defense committees the strategy required under subsection (a), including the elements required under subsection (b).
## Sec. 914 Space control mission report — added
- 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 space control mission of the Department of Defense. Such report shall include—
- (1) an identification of existing offensive and defensive space control systems, policies, and technical possibilities of future systems;
- (2) an identification of any gaps or risks in existing space control system architecture and possibilities for improvement or mitigation of such gaps or risks;
- (3) a description of existing and future sensor coverage and ground processing capabilities for space situational awareness;
- (4) an explanation of the extent to which all relevant and available information is being utilized for space situational awareness to detect, track, and identify objects in space;
- (5) a description of existing space situational awareness data sharing practices, including what information is being shared and what the benefits and risks of such sharing are to the national security of the United States; and
- (6) plans for the future space control mission.
## Sec. 915 Responsive launch — added
- (a) Findings— Congress finds the following:
- (1) United States Strategic Command has identified three needs as a result of dramatically increased demand and dependence on space capabilities as follows:
- (A) To rapidly augment existing space capabilities when needed to expand operational capability.
- (B) To rapidly reconstitute or replenish critical space capabilities to preserve continuity of operations capability.
- (C) To rapidly exploit and infuse space technological or operational innovations to increase the advantage of the United States.
- (2) Operationally responsive low cost launch could assist in addressing such needs of the combatant commands.
- (b) Study— The Department of Defense Executive Agent for Space shall conduct a study on responsive, low-cost launch efforts. Such study shall include—
- (1) a review of existing and past operationally responsive, low-cost launch efforts by domestic or foreign governments or industry;
- (2) a technology assessment of various methods to develop an operationally responsive, low-cost launch capability; and
- (3) an assessment of the viability of greater utilization of innovative methods, including the use of secondary payload adapters on existing launch vehicles.
- (c) Report— Not later than one year after the date of the enactment of this Act, the Department of Defense Executive Agent for Space shall submit to the congressional defense committees a report containing—
- (1) the results of the study conducted under subsection (b); and
- (2) a consolidated plan for development within the Department of Defense of an operationally responsive, low-cost launch capability.
## Sec. 921 Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities — added
- (a) Period for required audits— Section 432(b)(2) of title 10, United States Code, is amended—
- (1) in the first sentence, by striking “annually” and inserting “biennially”; and
- (2) 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)).”
- (b) 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—
- (1) by striking “Defense Intelligence Agency” and inserting “Department of Defense”; and
- (2) by striking “management and supervision” and inserting “oversight”.
- (c) Congressional oversight— Section 437 of title 10, United States Code, is amended—
- (1) in subsection (a), by striking “the intelligence committees” and inserting “congressional defense committees and the congressional intelligence committees”;
- (2) in subsection (b), by striking “the intelligence committees” and inserting “congressional defense committees and the congressional intelligence committees”; and
- (3) 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. 922 Department of Defense intelligence priorities — added
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
- (1) establish a written policy governing the internal coordination and prioritization of intelligence priorities of the Office of the Secretary of Defense, the Joint Staff, the combatant commands, and the military departments to improve identification of the intelligence needs of the Department of Defense;
- (2) identify any significant intelligence gaps of the Office of the Secretary of Defense, the Joint Staff, the combatant commands, and the military departments; and
- (3) provide to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a briefing on the policy established under paragraph (1) and the gaps identified under paragraph (2).
## Sec. 923 Defense Clandestine Service — added
- (a) Certification required— Not more than 50 percent of the funds authorized to be appropriated by this Act or otherwise available to the Department of Defense for the Defense Clandestine Service for fiscal year 2014 may be obligated or expended for the Defense Clandestine Service until such time as the Secretary of Defense certifies to the covered congressional committees that—
- (1) the Defense Clandestine Service is designed primarily to—
- (A) fulfill priorities of the Department of Defense that are unique to the Department of Defense or otherwise unmet; and
- (B) provide unique capabilities to the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))); and
- (2) the Secretary of Defense has designed metrics that will be used to ensure that the Defense Clandestine Service is employed as described in paragraph (1).
- (b) Annual assessments— Not later than 120 days after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of Defense shall submit to the covered congressional committees a detailed assessment of Defense Clandestine Service employment and performance based on the metrics referred to in subsection (a)(2).
- (c) Notification of future changes to design— Following the submittal of the certification referred to in subsection (a), in the event that any significant change is made to the Defense Clandestine Service, the Secretary shall promptly notify the covered congressional committees of the nature of such change.
- (d) Quarterly briefings— The Secretary of Defense shall quarterly provide to the covered congressional committees a briefing on the deployments and collection activities of personnel of the Defense Clandestine Service.
- (e) Covered congressional committees defined— In this section, the term “covered congressional committees” means the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate.
## Sec. 924 Prohibition on National Intelligence Program consolidation — added
- (a) Prohibition— No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2014, to execute—
- (1) the separation of the National Intelligence Program budget from the Department of Defense budget;
- (2) the consolidation of the National Intelligence Program budget within the Department of Defense budget; or
- (3) the establishment of a new appropriations account or appropriations account structure for the National Intelligence Program budget.
- (b) Briefing requirement— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall jointly provide to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a briefing regarding any planning relating to the future execution of the activities described in subsection (a) that has occurred during the two-year period ending on such date and any anticipated future planning relating to such execution or related efforts.
- (c) Definitions— In this section:
- (1) National Intelligence Program— The term “National Intelligence Program” has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
- (2) National Intelligence Program budget— The term “National Intelligence Program budget” means the portions of the Department of Defense budget designated as part of the National Intelligence Program.
## Sec. 931 Modification of requirement for inventory of Department of Defense tactical data link systems — added
- Section 934(a)(1) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 2225 note; Public Law 112–239; 126 Stat. 1885) is amended by inserting “and an assessment of vulnerabilities to such systems in anti-access or area-denial environments” before the semicolon.
## Sec. 932 Defense Science Board assessment of United States Cyber Command — added
- (a) Assessment— The Defense Science Board shall conduct an assessment of the organization, missions, and authorities of the United States Cyber Command.
- (b) Elements— The assessment required by subsection (a) shall include the following:
- (1) A review of the existing organizational structure of the United States Cyber Command, including—
- (A) the positive and negative impact on the Command resulting from a single individual simultaneously serving as the Commander of the United States Cyber Command and the Director of the National Security Agency;
- (B) the oversight activities undertaken by the Commander and the Director with regard to the Command and the Agency, respectively, including how the respective oversight activities affect the ability of each entity to complete the respective missions of such entity;
- (C) the dependencies of the Command and the Agency on one another under the existing management structure of both entities, including an examination of the advantages and disadvantages attributable to the unity of command and unity of effort resulting from a single individual simultaneously serving as the Commander of the United States Cyber Command and the Director of the National Security Agency;
- (D) the ability of the existing management structure of the Command and the Agency to identify and adequately address potential conflicts of interest between the roles of the Commander of the United States Cyber Command and the Director of the National Security Agency; and
- (E) the ability of the Department of Defense to train and develop, through professional assignment, individuals with the appropriate subject-matter expertise and management experience to support both the cyber operations missions of the Command and the signals intelligence missions of the Agency.
- (2) A review of the missions of the Command, including whether the reliance of the Command on the Agency for critical warfighting infrastructure, organization, and personnel contributes to or detracts from the ability of the Command to achieve the missions of the Command.
- (3) A review of how the Commander of the United States Cyber Command and the Director of the National Security Agency implement authorities where missions intersect to ensure that the activities of each entity are conducted only pursuant to the respective authorities of each entity.
- (c) Report—
- (1) Report required— Not later than 300 days after the date of the enactment of this Act, the Defense Science Board shall submit to the Secretary of Defense, the Director of National Intelligence, the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing—
- (A) the results of the assessment required by subsection (a); and
- (B) recommendations for improvements or changes to the organization, missions, or authorities of the United States Cyber Command.
- (2) Additional evaluation required— Not later than 60 days after the date on which the committees referred to in paragraph (1) receive the report required by such paragraph, the Secretary of Defense and the Director of National Intelligence shall jointly submit to such committees an evaluation of the findings and recommendations contained in such report.
- (3) Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
- (d) Intelligence community defined— In this section, the term “intelligence community” has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
## Sec. 933 Mission analysis for cyber operations of Department of Defense — added
- (a) 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.
- (b) Elements— The mission analysis under subsection (a) shall include the following:
- (1) The concept of operations and concept of employment for cyber operations forces.
- (2) An assessment of the manpower needs for cyber operations forces, including military requirements for both active and reserve components and civilian requirements.
- (3) A description of the alignment of the organization and reporting chains of the Department, the military departments, and the combatant commands.
- (4) An assessment of the current, as of the date of the analysis, and projected equipping needs of cyber operations forces.
- (5) An analysis of how the Secretary, for purposes of cyber operations, depends upon organizations outside of the Department, including industry and international partners.
- (6) Methods for ensuring resilience, mission assurance, and continuity of operations for cyber operations.
- (7) 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).
- (c) 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—
- (1) the results of the mission analysis; and
- (2) recommendations for improving or changing the roles, organization, missions, concept of operations, or authorities related to the cyber operations of the Department.
- (d) 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.
- (e) 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 — added
- (a) Notification of investigation initiation—
- (1) 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).
- (2) Elements— The written notification required under paragraph (1) shall include, with respect to an investigation described in such subsection, the following elements:
- (A) A statement of the reason for such investigation.
- (B) An identification of each party affected by such investigation.
- (C) An identification of the party responsible for conducting such investigation.
- (D) Any preliminary observations, findings, or recommendations related to such investigation.
- (E) A timeline and methodology for conducting such investigation.
- (b) 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.
- (c) 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, and the suspected origin of each cyber intrusion.
## Sec. 935 Additional requirements relating to the software licenses of the Department of Defense — added
- (a) Updated plan—
- (1) Update— The Chief Information Officer of the Department of the Defense shall, in consultation with the chief information officers of the military departments and the Defense Agencies, update the plan for the inventory of selected software licenses of the Department of Defense required under section 937 of the National Defense Authorization Act for 2013 (Public Law 112–239; 10 U.S.C. 2223 note) to include a plan for the inventory of all software licenses of the Department of Defense for which a military department spends more than $5,000,000 annually on any individual title, including a comparison of licenses purchased with licenses installed and of those uninstalled and then reinstalled.
- (2) Elements— The update required under paragraph (1) shall—
- (A) be done in a comprehensive and auditable format that is verified by an independent third party;
- (B) include details on the process and business systems necessary to regularly perform reviews, a procedure for validating and reporting deregistering and registering new software, and a mechanism and plan to relay that information to the enterprise provider; and
- (C) a proposed timeline for implementation of the updated plan in accordance with paragraph (3).
- (3) Implementation— Not later than September 30, 2013, the Chief Information Officer of the Department of Defense shall implement the updated plan required under paragraph (1).
- (b) Performance plan— If the Chief Information Officer of the Department of Defense determines through the update required by subsection (a) that the number of software licenses of the Department for an individual title for which a military department spends greater than $5,000,000 annually exceeds the needs of the Department for such software licenses, or the inventory discloses that there is a discrepancy between the number of software licenses purchased and those in actual use, the Secretary of Defense shall implement a plan to bring the number of such software licenses into balance with the needs of the Department and the terms of any relevant contract.
## Sec. 941 Requirement to ensure sufficient levels of Government oversight of functions closely associated with inherently Governmental functions — added
- (a) Requirement— Section 129a of title 10, United States Code, is amended by adding at the end the following new subsection:
- “(g) Requirement for oversight or appropriate corrective actions—For purposes of subsection (f)(3)(B), if insufficient levels of Government oversight are found, the Secretary of the military department or head of the Defense Agency responsible shall provide such oversight or take appropriate corrective actions, including potential conversion to Government performance, consistent with this section and sections 129 and 2463 of this title.”
- (b) Amendment relating to review of certain contracts— Subsection (e)(2)(C) of section 2330a of such title is amended by adding after “governmental functions” the following: “in which there is inadequate oversight of the contractor personnel performing such functions”.
## Sec. 942 Five-year requirement for certification of appropriate manpower performance — added
- Section 2330a of title 10, United States Code, is amended—
- (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and
- (2) by inserting after subsection (f) the following new section (g):
- “(g) Certifications of appropriate manpower performance
- “(1) Beginning in fiscal year 2014 and continuing through fiscal year 2018, the Secretary of Defense, or an official designated personally by the Secretary, no later than February 1 of each reporting year, shall submit to the congressional defense committees the findings of the reviews required under subsection (e) and certify in writing that—
- “(A) all Department of Defense contractor positions identified as being responsible for the performance of inherently governmental functions have been eliminated;
- “(B) each Department of Defense contract that is a personal services contract has been entered into, and is being performed, in accordance with applicable laws and regulations; and
- “(C) any contract for services that includes any functions that are closely associated with inherently governmental functions or designated as critical have been reviewed to determine if those activities should be—
- “(i) subject to action pursuant to section 2463 of this title; or
- “(ii) converted to an acquisition approach that would be more advantageous to the Department of Defense.
- “(2) If the certifications required in paragraph (1) are not submitted by the date required in a reporting year, the Inspector General of the Department of Defense shall assess the Department’s compliance with subsection (e) and determine why the Secretary could not make the certifications required in paragraph (1). The Inspector General shall submit to the congressional defense committees, not later than May 1 of the reporting year, a report on such assessment and determination.
- “(3) Not later than May 1 of each reporting year, the Comptroller General of the United States shall submit to the congressional defense committees a report containing the Comptroller General’s assessment of the reviews conducted under subsection (e) and the actions taken to resolve the findings of the reviews.”
## Sec. 1001 General transfer authority — added
- (a) Authority to transfer authorizations—
- (1) Authority— Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2014 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
- (2) Limitation— Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $3,500,000,000.
- (3) Exception for transfers between military personnel authorizations— A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
- (b) Limitations— The authority provided by subsection (a) to transfer authorizations—
- (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
- (2) may not be used to provide authority for an item that has been denied authorization by Congress.
- (c) Effect on authorization amounts— A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
- (d) Notice to congress— The Secretary shall promptly notify Congress of each transfer made under subsection (a).
## Sec. 1002 Budgetary effects of this Act — added
- The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this Act.
## Sec. 1003 Audit of Department of Defense fiscal year 2018 financial statements — added
- (a) Sense of Congress— Congress—
- (1) reaffirms the findings of the Panel on Defense Financial Management and Auditability Reform of the Committee on Armed Services of the House of Representatives;
- (2) points to the Government Accountability Office’s most recent High Risk List recommendations;
- (3) is encouraged by the important progress the Department of Defense has made in achieving auditability; and
- (4) stands ready to continue helping in this effort.
- (b) Sense of Congress on DOD financial management reform— It is the sense of Congress that, in the aftermath of the effects of sequestration as enacted by the Budget Control Act of 2011 (Public Law 112–25), financial management reform is imperative, and the Department of Defense should place continued importance on, and remain vigilant in, its financial management reform efforts.
- (c) Audit of DOD financial statements— In addition to the requirement under section 1003(a)(2)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2222 note) that the Financial Improvement and Audit Readiness Plan describe specific actions to be taken and the costs associated with ensuring that the financial statements of the Department of Defense are validated as ready for audit by not later than September 30, 2017, upon the conclusion of fiscal year 2018, the Secretary of Defense shall ensure that a full audit is performed on the financial statements of the Department of Defense for such fiscal year. The Secretary shall submit to Congress the results of that audit by not later than March 31, 2019.
## Sec. 1004 Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization — added
- (a) Transfer authorized— If the amount authorized to be appropriated for the weapons activities of the National Nuclear Security Administration under section 3101 or otherwise made available for fiscal year 2014 is less than $8,400,000,000 (the amount projected to be required for such activities in fiscal year 2014 as specified in the report under section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549)), the Secretary of Defense may transfer, from amounts authorized to be appropriated for the Department of Defense for fiscal year 2014 pursuant to this Act, to the Secretary of Energy an amount, not to exceed $150,000,000, to be available only for weapons activities of the National Nuclear Security Administration.
- (b) Notice to Congress— In the event of a transfer under subsection (a), the Secretary of Defense shall promptly notify Congress of the transfer, and shall include in such notice the Department of Defense account or accounts from which funds are transferred.
- (c) Transfer mechanism— Any funds transferred under this section shall be transferred in accordance with established procedures for reprogramming under section 1001 or successor provisions of law.
- (d) Construction of authority— The transfer authority provided under subsection (a) is in addition to any other transfer authority provided under this Act.
## Sec. 1011 Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia
- Section 1012 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2008 2005 (Public Law 110–181; 122 108–375; 118 Stat. 303), 2042), as most recently amended by section 1013 1010 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1908), 1907), is repealed.amended—
- (1) in subsection (a), by striking “2013” and inserting “2014”; and
- (2) in subsection (c), by striking “2013” and inserting “2014”.
## Sec. 1012 Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities
- Section 125 1022(b) of the National Defense Authorization Act for Fiscal Year 2010 2004 (Public Law 111–84; 123 Stat 2214) 108–136; 117 Stat. 1594; 10 U.S.C. 371 note), as most recently amended by section 1011 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1907) is repealed.amended by striking “2013” and inserting “2014”.
## Sec. 1013 Two-year extension of authority to provide additional support for counter-drug activities of certain foreign governments — added
- Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as most recently amended by section 1006(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1557), is amended by striking “2013” and inserting “2015”.
## Sec. 1014 Sense of Congress regarding the National Guard Counter-Narcotic Program — added
- It is the sense of Congress that—
- (1) the National Guard Counter-Narcotic Program is a valuable tool to counter-drug operations across the United States, especially on the southwest border;
- (2) the National Guard has an important role in combating drug trafficking into the United States; and
- (3) the program should received continued funding.
## Sec. 1021 Clarification of sole ownership resulting from ship donations at no cost to the navy — added
- (a) Clarification of transfer authority— Subsection (a) of section 7306 of title 10, United States Code, is amended to read as follows:
- “(a) Authority to make transfer—The Secretary of the Navy may convey, by donation, all right, title, and interest to any vessel stricken from the Naval Vessel Register or any captured vessel, for use as a museum or memorial for public display in the United States, to—
- “(1) any State, the District of Columbia, any Commonwealth or possession of the United States, or any municipal corporation or political subdivision thereof; or
- “(2) any nonprofit entity.”
- (b) Clarification of limitations on liability and responsibility— Subsection (b) of such section is amended to read as follows:
- “(b) Limitations on liability and responsibility
- “(1) The United States and all departments and agencies thereof, and their officers and employees, shall not be liable at law or in equity for any injury or damage to any person or property occurring on a vessel donated under this section.
- “(2) Notwithstanding any other law, the United States and all departments and agencies thereof, and their officers and employees, shall have no responsibility or obligation to make, engage in, or provide funding for, any improvement, upgrade, modification, maintenance, preservation, or repair to a vessel donated under this section.”
- (c) Clarification that transfers to be made at no cost to united states— Subsection (c) of such section is amended by inserting after “under this section” the following: “, the maintenance and preservation of that vessel as a museum or memorial, and the ultimate disposal of that vessel, including demilitarization of Munitions List items at the end of the useful life of the vessel as a museum or memorial,”.
- (d) Application of environmental laws; definitions— Such section is further amended by adding at the end the following new subsections:
- “(e) Application of environmental laws—Nothing in this section shall affect the applicability of Federal, State, interstate, and local environmental laws and regulations, including the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), to the Department of Defense or to a donee.
- “(f) Definitions—In this section:
- “(1) The term “nonprofit entity” means any entity qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986.
- “(2) The term “Munitions List” means the United States Munitions List created and controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778).
- “(3) The term “donee” means any entity receiving a vessel pursuant to subsection (a).”
- (e) Clerical amendments—
- (1) Section heading— The heading of such section is amended to read as follows:
- “7306. Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation”
- (2) Table of sections— The item relating to such section in the table of sections at the beginning of chapter 633 of such title is amended to read as follows:
## Sec. 1022 Availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships — added
- (a) Limitation on availability of funds—
- (1) In general— Except as provided in paragraph (2), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage a cruiser or dock landing ship.
- (2) Exception— Notwithstanding paragraph (1), the funds referred to in such subsection may be obligated or expended to retire the U.S.S. Denver, LPD9.
- (b) Authority to transfer authorizations—
- (1) Authority— Subject to the availability of appropriations for such purpose, the Secretary of Defense may transfer amounts of authorizations made available to the Department of Defense for fiscal year 2013 specifically for the modernization of vessels referred to in subsection (a)(1). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
- (2) Limitation— The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $914,676,000.
- (3) Additional authority— The transfer authority provided by this subsection is in addition to the transfer authority provided under section 1001 of this Act and under section 1001 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1902).
## Sec. 1023 Repair of vessels in foreign shipyards — added
- (a) Nonhomeported vessels— Subsection (a) of section 7310 of title 10, United States Code, is amended—
- (1) by striking “A naval” and inserting “(1) A naval”; and
- (2) by adding at the end the following new paragraph:
- “(2) For purposes of this section, a naval vessel that does not have a designated homeport shall be treated as being homeported in the United States or Guam.”
- (b) Voyage repair— Such section is further amended—
- (1) in subsection (c)(3)(C), by striking “as defined in Commander Military Sealift Command Instruction 4700.15C (September 13, 2007) or Joint Fleet Maintenance Manual (Commander Fleet Forces Command Instruction 4790.3 Revision A, Change 7), Volume III”; and
- (2) by adding at the end the following new subsection:
- “(d) Voyage repair defined—In this section, the term “voyage repair” has the meaning given such term in Navy Instruction COMFLTFORCOMINST 4790.3B.”
## Sec. 1024 Sense of Congress regarding a balanced future naval force — added
- (a) Findings— Congress makes the following findings:
- (1) The battle force of the Navy must be sufficiently sized and balanced in capability to meet current and anticipated future national security objectives.
- (2) A robust and balanced naval force is required for the Department of Defense to fully execute the President’s National Security Strategy.
- (3) To develop and sustain required capabilities the Navy must balance investment and maintenance costs across various ship types, including—
- (A) aircraft carriers;
- (B) surface combatants;
- (C) submarines;
- (D) amphibious assault ships; and
- (E) other auxiliary vessels, including support vessels operated by the Military Sealift Command.
- (4) Despite a Marine Corps requirement for 38 amphibious assault ships, the Navy possesses only 30 amphibious assault ships with an average of 22 ships available for surge deployment.
- (5) The inadequate level of investment in Navy shipbuilding over the last 20 years has resulted in—
- (A) a fragile shipbuilding industrial base, both in the construction yards and secondary suppliers of materiel and equipment; and
- (B) increased costs per vessel stemming from low production volume.
- (6) The Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing Appropriations Act for Fiscal Year 2013 provided $263,000,000 towards the advance procurement of materiel and equipment required to continue the San Antonio LPD 17 amphibious transport dock class to a total of 12 ships, a key first step in rebalancing the amphibious assault ship force structure.
- (b) Sense of Congress— It is the Sense of Congress that—
- (1) the Department of Defense and the Department of the Navy must prioritize funding towards increased shipbuilding rates to enable the Navy to meet the full-range of combatant commander requests;
- (2) the Department of the Navy’s future budget requests and the Long Range Plan for the Construction of Naval Forces must realistically anticipate and reflect the true investment necessary to meet stated force structure goals;
- (3) without modification to Long Range Plan for the Construction of Naval Forces shipbuilding plan, the future of the industrial base that enables construction of large, combat-survivable amphibious assault ships is at significant risk; and
- (4) the Department of Defense and Congress should act expeditiously to restore the force structure and capability balance of the Navy fleet as quickly as possible.
## Sec. 1025 Authority for short-term extension or renewal of leases for vessels supporting the Transit Protection System Escort Program — added
- (a) In general— Notwithstanding section 2401 of title 10, United States Code, the Secretary of the Navy may extend or renew the lease of not more than four blocking vessels supporting the Transit Protection System Escort Program after the date of the expiration of the lease of such vessels, as in effect on the date of the enactment of this Act. Such an extension shall be for a term that is the shorter of—
- (1) the period beginning on the date of the expiration of the lease in effect on the date of the enactment of this Act and ending on the date on which the Secretary determines that a substitute is available for the capabilities provided by the lease, or that the capabilities provided by the vessel are no longer required; or
- (2) 180 days.
- (b) Funding— Amounts authorized to be appropriated by section 301 and available for operation and maintenance, Navy, as specified in the funding tables in section 4301, may be available for the extension or renewal of a lease under subsection (a).
- (c) Notice to Congress— Prior to extending or renewing a lease under subsection (a), the Secretary of the Navy shall submit to the congressional defense committees notification of the proposed extension or renewal. Such notification shall include—
- (1) a detailed description of the term of the proposed contract for the extension or renewal of the lease and a justification for extending or renewing the lease rather than obtaining the capability provided for by the lease, charter, or services involved through purchase of the vessel; and
- (2) a plan for meeting the capability provided for by the lease upon the completion of the term of the lease contract, as extended or renewed under subsection (a).
## Sec. 1030 Clarification of procedures for use of alternate members on military commissions — added
- (a) Primary and alternate members—
- (1) Number of members— Subsection (a) of section 948m of title 10, United States Code, is amended—
- (A) in paragraph (1)—
- (i) 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
- (ii) 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.” and
- (B) in paragraph (2), by inserting “primary” after “the number of”.
- (2) General rules— Such section is further amended—
- (A) by redesignating subsection (b) and (c) as subsections (d) and (e), respectively; and
- (B) 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.”
- (3) Excuse of members— Subsection (d) of such section, as redesignated by paragraph (2)(A), is amended—
- (A) in the matter before paragraph (1), by inserting “primary or alternate” before “member”;
- (B) by striking “or” at the end of paragraph (2),
- (C) by striking the period at the end of paragraph (3) and inserting “; or”; and
- (D) 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.”
- (4) Absent and additional members— Subsection (e) of such section, as redesignated by paragraph (2)(A), is amended—
- (A) in the first sentence—
- (i) by inserting “the number of primary members of” after “Whenever”;
- (ii) by inserting “primary” before “members required by”; and
- (iii) by inserting “and there are no remaining alternate members to replace the excused primary members” after “subsection (a)”; and
- (B) 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.”.
- (b) Challenges— Section 949f of such title is amended—
- (1) in subsection (a), by inserting “primary or alternate” before “member”; and
- (2) 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.”.
- (c) Number of votes required— Section 949m of such title is amended—
- (1) by inserting “primary” before “members” each place it appears; and
- (2) 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. 1031 Modification of Regional Defense Combating Terrorism Fellowship Program reporting requirement
- (a) Secretary of defense authority—In general— Chapter 159 Section 2249c(c) of title 10, United States Code, is amended by inserting after section 2671 the following new section:amended—
- (1) in paragraph (3), by inserting “, including engagement activities for program alumni,” after “effectiveness of the program”;
- (2) in paragraph (4), by inserting after “program” the following: “, including a list of any unfunded or unmet training requirements and requests”; and
- (3) by adding at the end the following new paragraph:
- “(5) A discussion and justification of how the program fits within the theater security priorities of each of the commanders of the geographic combatant commands.”
- “2672. Protection of property
- “(a) In general—The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property.
- “(b) Officers and agents
- “(1) Designation
- “(A) The Secretary may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property.
- “(B) A designation under subparagraph (A) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary determines appropriate.
- “(C) In making a designation under subparagraph (A) with respect to any category of personnel, the Secretary shall specify each of the following:
- “(i) The personnel or positions to be included in the category.
- “(ii) Which authorities provided for in paragraph (2) may be exercised by personnel in that category.
- “(iii) In the case of civilian personnel in that category—
- “(I) which authorities provided for in paragraph (2), if any, are authorized to be exercised outside the property specified in subsection (a); and
- “(II) with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance.
- “(D) The Secretary may make a designation under subparagraph (A) only if the Secretary determines, with respect to the category of personnel to be covered by that designation, that—
- “(i) the exercise of each specific authority provided for in paragraph (2) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities; and
- “(ii) the necessary and proper training for the authorities to be exercised is available to the personnel in that category.
- “(2) Powers—Subject to subsection (h) and to the extent specifically authorized by the Secretary, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under this subsection may—
- “(A) enforce Federal laws and regulations for the protection of persons and property;
- “(B) carry firearms;
- “(C) make arrests—
- “(i) without a warrant for any offense against the United States committed in the presence of the officer or agent; or
- “(ii) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
- “(D) serve warrants and subpoenas issued under the authority of the United States; and
- “(E) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property.
- “(c) Regulations
- “(1) In general—The Secretary may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply.
- “(2) Penalties—A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both.
- “(d) Limitation on delegation of authority—The authority of the Secretary of Defense under subsections (b) and (c) may be exercised only by the Secretary or Deputy Secretary of Defense.
- “(e) Disposition of persons arrested—A person who is arrested pursuant to authority exercised under subsection (b) may not be held in a military confinement facility, other than in the case of a person who is subject to chapter 47 of this title (the Uniform Code of Military Justice).
- “(f) Facilities and services of other agencies—In implementing this section, when the Secretary determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services.
- “(g) Authority outside federal property—For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary may enter into agreements with Federal agencies and with State, tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, tribal, and local laws concurrently with other Federal law enforcement officers and with State, tribal, and local law enforcement officers.
- “(h) Attorney general approval—The powers granted pursuant to subsection (b)(2) to officers and agents designated under subsection (b)(1) shall be exercised in accordance with guidelines approved by the Attorney General.
- “(i) Limitation on statutory construction—Nothing in this section shall be construed—
- “(1) to preclude or limit the authority of any Federal law enforcement agency;
- “(2) to restrict the authority of the Secretary of Homeland Security or of the Administrator of General Services to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively;
- “(3) to expand or limit section 21 of the Internal Security Act of 1950 (50 U.S.C. 797);
- “(4) to affect chapter 47 of this title; or
- “(5) to restrict any other authority of the Secretary of Defense or the Secretary of a military department.”
- (b) Clerical amendment—Effective date— The table of sections at the beginning of such chapter is amended amendments made by inserting subsection (a) shall apply with respect to a report submitted for a fiscal year beginning after the item relating to section 2671 date of the following new item:enactment of this Act.
## Sec. 1032 Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba — added
- (a) In general— No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2014, to construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense unless authorized by Congress.
- (b) Exception— The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
- (c) Individual detained at Guantanamo defined— In this section, the term “individual detained at Guantanamo” has the meaning given that term in section 1033(f)(2).
## Sec. 1033 Requirements for certifications relating to the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities
- (a) Certification required prior to transfer—
- (1) In general— Except as provided in paragraph (2) and subsection (d), the Secretary of Defense may not use any amounts authorized to be appropriated or otherwise available to the Department of Defense to transfer, during the period beginning on the date of the enactment of this Act and ending on December 31, 2014, any individual detained at Guantanamo to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity unless the Secretary submits to Congress the certification described in subsection (b) not later than 30 days before the transfer of the individual.
- (a) Title 10, united states code— Title 10, United States Code, is amended as follows:
- (2) Exception— Section 113 Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate an order affecting the disposition of the individual that is amended issued by striking subsection (m).a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance).
- (b) Certification— A certification described in this subsection is a written certification made by the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, that—
- (2) Section 117 is amended by striking subsection (e).
- (3) Section 127 is amended by striking subsection (d).
- (4) Section 129 is amended by striking subsection (f).
- (5) Section 153 is amended by striking subsection (c).
- (6) Section 229 is repealed.
- (B) The table of sections at the beginning of chapter 9 is amended by striking the item relating to section 229.
- (7) Section 483 is repealed.
- (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 483.
- (8) Section 489 is repealed.
- (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 489.
- (9) Section 1130 by striking subsection (b).
- (10) Section 1557 is amended by striking subsection (e).
- (11) Section 1563 is repealed.
- (B) The table of sections at the beginning of chapter 80 is amended by striking the item relating to section 1563.
- (12) Section 1781b is amended by striking subsection (d).
- (13) Section 2216 is amended by striking subsection (i).
- (14) Section 2244a(c) is amended by striking the second sentence.
- (15) Section 2350b is amended by striking subsection (d).
- (16) Section 2350j is amended by striking subsection (e).
- (17) Section 2350m is amended by striking subsection (e).
- (18) Section 2352 is repealed.
- (B) The table of sections at the beginning of chapter 139 is amended by striking the item relating to section 2352.
- (19) Section 2410i(c) is amended by striking the last sentence.
- (20) Section 2475 is repealed.
- (B) The table of sections at the beginning of chapter 146 is amended by striking the item relating to section 2475.
- (21) Section 2504 is repealed.
- (B) The table of sections at the beginning of subchapter II of chapter 148 is amended by striking the item relating to section 2504.
- (22) Section 2536(b) is amended by striking paragraph (2).
- (B) Such section is further amended—
- (i) by striking “(1)” after “Authority.—”;
- (ii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and
- (iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively.
- (23) Section 2804(b) is amended by striking the last sentence.
- (24) Section 2827 is amended—
- (A) by striking “(a) Subject to subsection (b), the Secretary” and inserting “The Secretary”; and
- (B) by striking subsection (b).
- (25) Section 2828 is amended by striking subsection (f).
- (26) Section 2835 is amended—
- (A) in subsection (a), by striking “Subject to subsection (b), the Secretary” and inserting “The Secretary”;
- (B) by striking subsection (b); and
- (C) by striking subsection (g).
- (27) Section 2837 is amended—
- (A) in subsection (c)—
- (i) by striking “(1)” after “Opportunities.—”; and
- (ii) by striking paragraph (2); and
- (B) by striking subsection (f).
- (28) Section 2854a is amended by striking subsection (c).
- (29) Section 2861 is amended by striking subsections (c) and (d).
- (30) Section 2866(c) is amended—
- (A) by striking “(1)” before “The Secretary”; and
- (B) by striking paragraph (2).
- (31) Section 2875 is amended by striking subsection (e).
- (32) Section 2884 is amended—
- (i) by striking subsection (b); and
- (ii) in subsection (a)—
- (I) by striking “Project Reports.—(1)” and inserting “Reports.—”;
- (II) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and
- (III) by striking “(2) For each” and inserting “(b) Content of Reports.—(1) For each”.
- (B) Such section is further amended—
- (i) by redesignating paragraphs (3) and (4) of subsection (b) of such section (as designated by subparagraph (A)(ii)(III)) as paragraphs (2) and (3), respectively; and
- (ii) in paragraph (2) of subsection (b), as so redesignated, by striking “contract described in paragraph (1)” and inserting “contract described in subsection (a)”.
- (C) The heading of such section is amended to read as follows:
- “2884. Project reports”
- (ii) The item relating to that section in the table of sections at the beginning of subchapter IV of chapter 169 is amended to read as follows:
- (33) Section 2885(a)(3) is amended by striking “If a project” and inserting “In the case of a project for new construction, if the project”.
- (34) Section 2916 is amended by striking subsection (c).
- (b) Annual national defense authorization acts— Fiscal year 2011— Section 892 of The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2306a note) is amended by striking subsection (b).
- (1) Fiscal year 2009— The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantanamo is amended as follows:to be transferred—
- (A) is not a designated state sponsor of terrorism or a designated foreign terrorist organization;
- (B) Section 354 (10 U.S.C. 221 note) maintains control over each detention facility in which the individual is repealed.to be detained if the individual is to be housed in a detention facility;
- (C) Section 903(b)(5) (10 U.S.C. 2228 note) is amended to read not, as follows:of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual;
- “(5) Not later than December 31 each year, the corrosion control and prevention executive of a military department shall submit to the Secretary of Defense a report containing recommendations pertaining to the corrosion control and prevention program of the military department. The report each year shall include recommendations for the funding levels necessary for the executive to carry out the duties of the executive under this section.”
- (D) Section 1047(d) (10 U.S.C. 2366b note) is amended—has taken or agreed to take effective actions to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future;
- (E) has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or reengage in any terrorist activity; and
- (F) has agreed to share with the United States any information that—
- (i) is related to the individual or any associates of the individual; and
- (ii) could affect the security of the United States, its citizens, or its allies; and
- (i) by striking “Requirements.—” and all that follows through “The Secretary” and inserting “Requirements.—The Secretary”;
- (ii) by striking paragraph (2); and
- (iii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.
- (2) Fiscal year 2008— The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended as follows:includes an assessment, in classified or unclassified form, of the capacity, willingness, and past practices (if applicable) of the foreign country or entity in relation to the Secretary’s certifications.
- (c) Prohibition in cases of prior confirmed recidivism—
- (1) Prohibition— Except as provided in paragraph (2) and subsection (d), the Secretary of Defense may not use any amounts authorized to be appropriated or otherwise made available to the Department of Defense to transfer any individual detained at Guantanamo to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity if there is a confirmed case of any individual who was detained at United States Naval Station, Guantanamo Bay, Cuba, at any time after September 11, 2001, who was transferred to such foreign country or entity and subsequently engaged in any terrorist activity.
- (2) Exception— Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance).
- (d) National security waiver—
- (1) In general— The Secretary of Defense may waive the applicability to a detainee transfer of a certification requirement specified in subparagraph (D) or (E) of subsection (b)(1) or the prohibition in subsection (c), if the Secretary certifies the rest of the criteria required by subsection (b) for transfers prohibited by subsection (c) and, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, determines that—
- (A) alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived;
- (B) in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated, but the actions to be taken under subparagraph (A) will substantially mitigate such risks with regard to the individual to be transferred;
- (C) in the case of a waiver of subsection (c), the Secretary has considered any confirmed case in which an individual who was transferred to the country subsequently engaged in terrorist activity, and the actions to be taken under subparagraph (A) will substantially mitigate the risk of recidivism with regard to the individual to be transferred; and
- (D) the transfer is in the national security interests of the United States.
- (A) Section 911 (10 U.S.C. 2271 note) is amended by striking paragraph (2) of subsection (f).
- (B) Section 1074(b)(6) (10 U.S.C. 113 note) is amended—
- (i) in subparagraph (A), by striking “The Secretary” and inserting “Except as provided in subparagraph (D), the Secretary”; and
- (ii) by adding at the end the following new subparagraph:
- “(D) Exceptions—Subparagraph (A) does not apply in the case of—
- “(i) an individual described in paragraph (2)(C) who is otherwise sponsored by the Secretary of Defense, the Deputy Secretary of Defense, the Chairman of the Joint Chiefs of Staff, or the Vice Chairman of the Joint Chiefs of Staff; or
- “(ii) an individual described in paragraph (2)(E).”
- (C) Section 2864 (10 U.S.C. 2911 note) is repealed.
- (4) Fiscal year 2007— The John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) is amended as follows:
- (A) Section 226 (120 Stat. 2131) is repealed.
- (B) Section 323 (10 U.S.C. 229 note) is amended by striking subsection (c).
- (5) Fiscal year 2003— Section 817 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended by striking subsections (d) and (e)(2).
- (6) Fiscal year 2000— Section 1409 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 22 U.S.C. 2778 note) is amended by striking subsection (b).
- (7) Fiscal year 1999— Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 5 U.S.C. 3104 note) is amended by striking subsection (g).
- (8) Fiscal year 1991— Section 4004(d) of the National Defense Authorization Act for Fiscal Year 1991 10 U.S.C. 2391) is amended—
- (A) by inserting “and” at the end of paragraph (1);
- (B) by striking “; and” at the end of paragraph (2) and inserting a period; and
- (C) by striking paragraph (3).
- (c) Defense acquisition improvement act of 1986— Section 908 of the Defense Acquisition Improvement Act of 1986 (as contained in section 101(c) of Public Law 99–500 and identically enacted in section 101(c) of Public Law 99–591 and title IX of Public Law 99–661) (10 U.S.C. 2326 note) is amended by striking subsection (b).
- (d) Foreign assistance act of 1961— The Foreign Assistance Act of 1961 is amended as follows:
- (2) Reports— Section 516(f)(1) (22 U.S.C. 2321j(f)(1)) is amended by striking “excess defense articles that are significant military equipment (as defined in section 47(9) Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the appropriate committees of Congress, not later than 30 days before the Arms Export Control Act) or”.transfer of the individual concerned, the following:
- (A) A copy of the determination and the waiver concerned.
- (B) A statement of the basis for the determination, including—
- (i) an explanation why the transfer is in the national security interests of the United States;
- (ii) in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), an explanation why it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated; and
- (iii) a classified summary of—
- (I) the individual’s record of cooperation while in the custody of or under the effective control of the Department of Defense; and
- (II) the agreements and mechanisms in place to provide for continuing cooperation.
- (C) A summary of the alternative actions to be taken to address the underlying purpose of, and to mitigate the risks addressed in, the paragraph or subsection to be waived.
- (D) The assessment required by subsection (b)(2).
- (2) Section 656 (22 U.S.C. 2416) is repealed.
- (e) Arms export control act—Record of cooperation— Section 36(a) In assessing the risk that an individual detained at Guantanamo will engage in terrorist activity or other actions that could affect the security of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended—United States if released for the purpose of making a certification under subsection (b) or a waiver under subsection (d), the Secretary of Defense may give favorable consideration to any such individual—
- (1) by striking “end of each quarter” who has substantially cooperated with United States intelligence and law enforcement authorities, pursuant to a pre-trial agreement, while in the matter preceding paragraph (1) and inserting “end custody of each fiscal year”;or under the effective control of the Department of Defense; and
- (2) by striking “during the fiscal year in which” in paragraphs (2) and (3) for whom agreements and inserting “during effective mechanisms are in place, to the fiscal year extent relevant and necessary, to provide for which”;continued cooperation with United States intelligence and law enforcement authorities.
- (f) Definitions— In this section:
- (3) by striking “in the quarter of the fiscal year immediately following the quarter” in paragraph (5) and inserting “in the fiscal year ”;
- (4) by striking paragraph (6); and
- (5) by striking “quarter” each place it appears in paragraphs (8), (9), and (10) and inserting “fiscal year”.
- (f) Security reports— Section 3151 of the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of Public Law 106–65; 42 U.S.C. 7383e) is repealed.
- (1) Section 4507 The term “appropriate committees of the Atomic Energy Defense Act (50 U.S.C. 2658) is repealed.Congress” means—
- (A) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
- (B) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
- (2) Section 4508 The term “individual detained at Guantanamo” means any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of the Atomic Energy Defense Act (50 U.S.C. 2659) is repealed.October 1, 2009, who—
- (A) is not a citizen of the United States or a member of the Armed Forces of the United States; and
- (B) is—
- (i) in the custody or under the control of the Department of Defense; or
- (ii) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.
- (3) The term “foreign terrorist organization” means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
- (g) Intelligence reform and terrorism prevention act of 2004— Section 3002(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435c(c)) is amended by striking paragraph (4).
- (h) Uniformed and overseas citizens absentee voting act— Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended—
- (1) in the subsection heading, by striking “Annual Report” and inserting “Biennial Report”;
- (2) in the matter preceding paragraph (1)—
- (A) by striking “March 31 of each year” and inserting “September 30 of each odd-numbered year”; and
- (B) by striking “the following information” and inserting “the following information with respect to the Federal election held during the preceding calendar year”; and
- (3) in paragraph (3), by striking “In the case of” and all that follows through “a description” and inserting “A description”.
- (i) Department of defense appropriations act, 2002— Section 8159(c) of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117; 115 Stat. 2284), is amended by striking paragraph (7).
## Sec. 1034 Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba — added
- No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2014, to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who—
- (1) is not a United States citizen or a member of the Armed Forces of the United States; and
- (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
## Sec. 1035 Unclassified summary of information relating to individuals detained at Parwan, Afghanistan — added
- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall make publicly available an unclassified summary of information relating to the individuals detained by the Department of Defense at the Detention Facility at Parwan, Afghanistan, pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) who have been determined to represent an enduring security threat to the United States. Such summary shall cover any individual detained at such facility as of the date of the enactment of this Act and any individual so detained during the two-year period preceding the date of the enactment of this Act. Such summary shall include for each such covered individual—
- (1) a description of the relevant organization or organizations with which the individual is affiliated;
- (2) whether the individual had ever been in the custody or under the effective control of the United States at any time before being detained at such facility and, if so, where the individual had been in such custody or under such effective control; and
- (3) whether the individual has been directly linked to the death of any member of the United States Armed Forces or any United States Government employee.
## Sec. 1036 Assessment of affiliates and adherents of al-Qaeda outside the United States — added
- 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 an assessment containing each of the following:
- (1) An identification of any group operating outside the United States that is an affiliate or adherent of, or otherwise related to, al-Qaeda.
- (2) A summary of relevant information relating to each such group, including—
- (A) the extent to which members or leaders of the group have—
- (i) conducted or planned to conduct lethal or significant operations outside the borders of the state or states in which the group ordinarily operates;
- (ii) conducted fundraising or recruiting outside the borders of such state or states; and
- (iii) have demonstrated any interest in conducting activities described in clauses (i) and (ii) outside the borders of such state or states;
- (B) the extent to which the connection of the group to the senior leadership of al-Qaeda has changed over time; and
- (C) 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.
- (3) 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.
- (4) The criteria used to determine the nature and extent of each group’s relationship to al-Qaeda.
## Sec. 1037 Designation of Department of Defense senior official for facilitating the transfer of individuals detained at United States Naval Station, Guantanamo Bay, Cuba — added
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall—
- (1) designate a senior official of the Department of Defense as the official with principal responsibility for coordination and management of the transfer of individuals detained at United States Naval Station, Guantanamo Bay, Cuba; and
- (2) set forth the responsibilities of that senior official with respect to such transfers.
## Sec. 1038 Rank of chief prosecutor and chief defense counsel in military commissions established to try individuals detained at Guantanamo — added
- For purposes of any military commission established under chapter 47A of title 10, United States Code, to try an alien unprivileged enemy belligerent (as such terms are defined in section 948a of such title) who is detained at United States Naval Station, Guantanamo Bay, Cuba, the chief defense counsel and the chief prosecutor shall have the same rank.
## Sec. 1039 Report on capability of Yemeni government to detain, rehabilitate, and prosecute individuals detained at Guantanamo who are transferred to Yemen — added
- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the capability of the government of Yemen to detain, rehabilitate, and prosecute individuals detained at Guantanamo (as such term is defined in section 1033(f)(2)) who are transferred to Yemen. Such report shall include an assessment of any humanitarian issues that may be encountered in transferring individuals detained at Guantanamo to Yemen.
## Sec. 1040 Report on attachment of rights to individuals detained at Guantanamo if transferred to the United States — added
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Attorney General shall jointly submit to the congressional defense committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate a report that includes each of the following:
- (1) A description of the extent to which an individual detained at Guantanamo, if transferred to the United States, could become eligible, by reason of such transfer, for—
- (A) relief from removal from the United States, including pursuant to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
- (B) any required release from immigration detention, including pursuant to the decision of the Supreme Court in Zadvydas v. Davis;
- (C) asylum or withholding of removal; or
- (D) any additional constitutional right.
- (2) For any right referred to in paragraph (1) for which the Secretary and Attorney General determine such an individual could become eligible if so transferred, a description of the reasoning behind such determination and an explanation of the nature of the right.
## Sec. 1040A Summary of information relating to individuals detained at Guantanamo who became leaders of foreign terrorist groups — added
- (a) 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.
- (b) Form of summary— The summary required under subsection (a) shall be in unclassified form, but may contain a classified annex.
## Sec. 1041 Congressional notification of sensitive military operations — added
- (a) Notification required—
- (1) In general— Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section:
- “130f. Congressional notification of sensitive military operations
- “(a) In general—The Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of any sensitive military operation following such operation.
- “(b) Procedures
- “(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity.
- “(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section.
- “(c) Sensitive military operation defined—The term “sensitive military operation” means a lethal operation or capture operation conducted by the armed forces outside the United States pursuant to—
- “(1) the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note); or
- “(2) any other authority except—
- “(A) a declaration of war; or
- “(B) a specific statutory authorization for the use of force other than the authorization referred to in paragraph (1).
- “(d) Exception—The notification requirement under subsection (a) shall not apply with respect to a sensitive military operation executed within the territory of Afghanistan pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note).
- “(e) Rule of construction—Nothing in this section shall be construed to provide any new authority or to alter or otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note), or any requirement under the National Security Act of 1947 (50 U.S.C. 3001 et seq.).”
- (2) Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 130e the following new item:
- (b) Effective date— Section 130f of title 10, United States Code, as added by subsection (a), shall apply with respect to any sensitive military operation (as defined in subsection (c) of such section) executed on or after the date of the enactment of this Act.
- (c) Deadline for submittal of procedures— The Secretary of Defense shall submit to the congressional defense committees the procedures required under section 130f(b) of title 10, United States Code, as added by subsection (a), by not later than 60 days after the date of the enactment of this Act.
## Sec. 1042 Report on process for determining targets of lethal operations — added
- 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 containing an explanation of the legal and policy considerations and approval processes used in determining whether an individual or group of individuals could be the target of a lethal operation or capture operation conducted by the Armed Forces of the United States outside the United States.
## Sec. 1043 Counterterrorism operational briefings — added
- (a) Briefings required— Chapter 23 of title 10, United States Code, is amended by adding at the end the following new section:
- “492. Quarterly briefings: counterterrorism operations
- “(a) Briefings Required—The Secretary of Defense shall provide to the congressional defense committees quarterly briefings outlining Department of Defense counterterrorism operations and related activities.
- “(b) Elements—Each briefing under subsection (a) shall include each of the following:
- “(1) A global update on activity within each geographic combatant command.
- “(2) An overview of authorities and legal issues including limitations.
- “(3) An outline of interagency activities and initiatives.
- “(4) Any other matters the Secretary considers appropriate.”
- (b) Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
## Sec. 1051 Prohibition on elimination of the nuclear triad — added
- (a) Prohibition on triad reductions— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended to reduce, convert, or decommission any strategic delivery system if such reduction, conversion, or decommissioning would eliminate a leg of the nuclear triad.
- (b) Nuclear triad defined— The term “nuclear triad” means the nuclear deterrent capabilities of the United States composed of the following:
- (1) Land-based intercontinental ballistic missiles.
- (2) Submarine-launched ballistic missiles and associated ballistic missile submarines.
- (3) Nuclear-certified strategic bombers.
## Sec. 1052 Limitation on availability of funds for reduction of nuclear forces — added
- (a) Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense or the National Nuclear Security Administration may be obligated or expended to carry out reductions to the nuclear forces of the United States required by the New START Treaty until—
- (1) the Secretary of Defense submits to the appropriate congressional committees the plan required by section 1042(a) of the National Defense Authorization Act of Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1575); and
- (2) the President certifies to the appropriate congressional committees that any further reductions to such forces that result in such forces being reduced below the level required by the New START Treaty will be carried out only pursuant to—
- (A) a treaty or international agreement specifically approved with the advice and consent of the Senate pursuant to Article II, section 2, clause 2 of the Constitution; or
- (B) an Act of Congress specifically authorizing such reductions.
- (b) Exception— The limitation in subsection (a) shall not apply to the following:
- (1) Reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and strategic delivery systems.
- (2) Nuclear warheads that are retired or awaiting dismantlement on the date of the enactment of this Act.
- (3) Inspections carried out pursuant to the New START Treaty.
- (c) Definitions— In this section:
- (1) The term “appropriate congressional committees” means the following:
- (A) The congressional defense committees.
- (B) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
- (2) The term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.
## Sec. 1053 Limitation on availability of funds for reduction or consolidation of dual-capable aircraft based in Europe — added
- (a) Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be used to reduce or consolidate the basing of dual-capable aircraft of the United States that are based in Europe until a period of 90 days has elapsed after the date on which the Secretary of Defense certifies to the congressional defense committees that—
- (1) the Russian Federation has carried out similar reductions or consolidations with respect to dual-capable aircraft of Russia;
- (2) the Secretary has consulted with the member states of the North Atlantic Treaty Organization with respect to the planned reduction or consolidation of the Secretary; and
- (3) there is a consensus among such member states in support of such planned reduction or consolidation.
- (b) Dual-capable aircraft defined— In this section, the term “dual-capable aircraft” means aircraft that can perform both conventional and nuclear missions.
## Sec. 1054 Statement of policy on implementation of any agreement for further arms reduction below the levels of the New START Treaty; limitation on retirement or dismantlement of strategic delivery systems — added
- (a) Finding; statement of policy—
- (1) Finding— Congress finds that it was the Declaration of the United States Senate in its Resolution of Advice and Consent to the New START Treaty that “[t]he Senate declares that further arms reduction agreements obligating the United States to reduce or limit the Armed Forces or armaments of the United States in any militarily significant manner may be made only pursuant to the treaty-making power of the President as set forth in Article II, section 2, clause 2 of the Constitution of the United States”.
- (2) Statement of policy— Congress reaffirms the Declaration described in paragraph (1) and states that any agreement for further arms reduction below the levels of the New START Treaty, including those that may seek to use the Treaty’s verification regime, may only be made pursuant to the treaty-making power of the President as set forth in Article II, section 2, clause 2 of the Constitution of the United States or by Act of Congress, as set forth in the Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.).
- (b) Limitation—
- (1) In general— 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 retire, dismantle, or deactivate, or prepare to retire, dismantle, or deactivate, any covered strategic delivery vehicle if such action reduces the number of covered strategic delivery vehicles to less than the 800 required to implement the New START Treaty.
- (2) Waiver— In accordance with subsection (c), the President may waive the limitation under paragraph (1) with respect to a fiscal year if the President submits to the appropriate congressional committees written notification that—
- (A) the Senate has given its advice and consent to ratification of a nuclear arms reduction treaty with the Russian Federation that requires Russia to significantly and proportionally reduce its number of nonstrategic nuclear warheads, or an international agreement for such purpose is entered into pursuant to an Act of Congress as set forth in the Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.);
- (B) such treaty or agreement has entered into force; and
- (C) such waiver is required during such fiscal year to implement such treaty or agreement.
- (c) Additional limitations—
- (1) Certain compliance of nuclear arms control agreements— If the President makes a waiver under subsection (b)(2), 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 retire, dismantle, or deactivate, or prepare to retire, dismantle, or deactivate, any covered strategic delivery vehicle until 30 days elapses following the date on which the President submits to the appropriate congressional committees and the congressional intelligence committees written certification that the Russian Federation is in compliance with its nuclear arms control agreements and obligations with the United States.
- (2) Certain intelligence— If the President makes a waiver under subsection (b)(2), 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 retire, dismantle, or deactivate, or prepare to retire, dismantle, or deactivate, any covered strategic delivery vehicle in accordance with a treaty or international agreement entered into pursuant to an Act of Congress requiring such actions unless the President submits to the appropriate congressional committees and the congressional intelligence committees written certification that the intelligence community has high confidence judgments with respect to—
- (A) the nuclear weapons production capacity of the People’s Republic of China;
- (B) the nature, number, location, and targetability of the nuclear weapons and strategic delivery systems of China; and
- (C) the nuclear doctrine of China.
- (d) Exception— The limitations in subsection (b) and (c) shall not apply to reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems of the United States, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and strategic delivery system.
- (e) Definitions— In this section:
- (1) The term “appropriate congressional committees” means the following:
- (A) The congressional defense committees.
- (B) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
- (2) The term “congressional intelligence committees” means the following:
- (A) The Permanent Select Committee on Intelligence of the House of Representatives.
- (B) The Select Committee on Intelligence of the Senate.
- (3) The term “covered strategic delivery vehicle” means the following:
- (A) B–52H bomber aircraft.
- (B) B–2 Spirit bomber aircraft.
- (C) Trident ballistic missile submarines.
- (D) Trident II D5 submarine launched ballistic missiles.
- (E) Minuteman III intercontinental ballistic missiles.
- (4) The term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.
## Sec. 1055 Sense of congress on compliance with nuclear arms control agreements — added
- (a) Findings— Congress finds the following:
- (1) President Obama stated in Prague in April 2009 that “Rules must be binding. Violations must be punished. Words must mean something.”.
- (2) President Obama’s Nuclear Posture Review of 2010 stated, “it is not enough to detect non-compliance; violators must know that they will face consequences when they are caught.”.
- (3) The July 2010 Verifiability Assessment released by the Department of State on the New START Treaty stated, “The costs and risks of Russian cheating or breakout, on the other hand, would likely be very significant. In addition to the financial and international political costs of such an action, any Russian leader considering cheating or breakout from the New START Treaty would have to consider that the United States will retain the ability to upload large numbers of additional nuclear warheads on both bombers and missiles under the New START, which would provide the ability for a timely and very significant U.S. response.”.
- (4) Subsection (a) of the Resolution of Advice and Consent to Ratification of the New START Treaty of the Senate, agreed to on December 22, 2010, listed conditions of the Senate to the ratification of the New START Treaty that are binding upon the President, including the condition under paragraph (1)(B) of such subsection that requires the President to take certain actions in response to actions by the Russian Federation that are in violation of or inconsistent with such treaty, including to “seek on an urgent basis a meeting with the Russian Federation at the highest diplomatic level with the objective of bringing the Russian Federation into full compliance with its obligations under the New START Treaty”.
- (5) The Obama Administration demonstrated that violations of treaty obligations by other parties require corresponding action by the United States when, on November 22, 2011, the Department of State announced that the United States would “cease carrying out certain obligations under the Conventional Armed Forces in Europe (CFE) Treaty with regard to Russia. This announcement in the CFE Treaty’s implementation group comes after the United States and NATO Allies have tried over the past 4 years to find a diplomatic solution following Russia’s decision in 2007 to cease implementation with respect to all other 29 CFE States. Since then, Russia has refused to accept inspections and ceased to provide information to other CFE Treaty parties on its military forces as required by the Treaty.”.
- (6) On October 17, 2012, the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives wrote a classified letter to the President stating their concerns about a major arms control violation by the Russian Federation.
- (7) The Chairmen followed up their classified letter with unclassified letters on February 14 and April 12, 2013—in their latest letter, the Chairmen stated that they expect the Administration to “directly confront the Russian violations and circumventions of this and other treaties…[we] further ask, again, for your engagement in correcting this behavior. We also seek your commitment not to undertake further reductions to the U.S. nuclear deterrent or extended deterrent until this Russian behavior is corrected. We are in full agreement with your policy as you articulated it in Prague four years ago this month, “rules must be binding, Violations must be punished. Words must mean something.””.
- (b) Sense of congress— It is the sense of Congress that the President should consider not seeking to further limit or reduce the nuclear forces of the United States, including by negotiation, with a foreign country that remains in active noncompliance with existing nuclear arms obligations, such as the Russian Federation.
- (c) Obligations of the president in the event of noncompliance— If the President determines that a foreign country is not in compliance with its obligations under a nuclear arms control agreement, treaty, or commitment to which the United States is a party or in which the United States is a participating government, including the Missile Technology Control Regime, the President shall—
- (1) immediately consult with Congress regarding the implications of such noncompliance for—
- (A) the viability of such agreement, treaty, or commitment; and
- (B) the national security interests of the United States and the allies of the United States;
- (2) submit to Congress a plan concerning the diplomatic strategy of the President to engage such foreign country at the highest diplomatic level with the objective of bringing such country into full compliance with such obligations; and
- (3) at the earliest date practicable following the submission of the plan under paragraph (2), submit to Congress a report detailing—
- (A) whether adherence by the United States to such obligation remains in the national security interests of the United States or the allies of the United States; and
- (B) how the United States will redress the effect of such noncompliance to the national security interests of the United States or such allies.
## Sec. 1056 Retention of capability to redeploy multiple independently targetable reentry vehicles — added
- (a) Deployment capability— The Secretary of the Air Force shall ensure that the Air Force is capable of—
- (1) deploying multiple independently targetable reentry vehicles to Minuteman III intercontinental ballistic missiles, and any ground-based strategic deterrent follow-on to such missiles; and
- (2) commencing such deployment not later than 270 days after the date on which the President determines such deployment necessary.
- (b) Warhead capability— The Nuclear Weapons Council established by section 179 of title 10, United States Code, shall ensure that—
- (1) the nuclear weapons stockpile contains a sufficient number of nuclear warheads that are capable of being deployed as multiple independently targetable reentry vehicles with respect to Minuteman III intercontinental ballistic missiles, and any ground-based strategic deterrent follow-on to such missiles; and
- (2) such deployment is capable of being commenced not later than 270 days after the date on which the President determines such deployment necessary.
## Sec. 1057 Assessment of nuclear weapons program of the People’s Republic of China — added
- Section 1045(b) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1933) is amended—
- (1) in paragraph (4), by striking “August 15, 2013” and inserting “August 15, 2014”; and
- (2) by adding at the end the following new paragraph:
- “(5) Limitation—Of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2014 or otherwise made available for fiscal year 2014 for the Office of the Secretary of Defense for travel, not more than 75 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of Defense notifies the appropriate congressional committees that the Secretary has entered into an agreement under paragraph (1) with a federally funded research and development center.”
## Sec. 1058 Cost estimates for nuclear weapons — added
- Section 1043(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576), as amended by section 1041 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1931), is amended—
- (1) in paragraph (2)(F), by inserting “personnel,” after “maintenance,”; and
- (2) in paragraph (3), by inserting before the period at the end the following: “, including how and which locations were counted”.
## Sec. 1059 Report on New START Treaty — added
- Not later than January 15, 2014, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on whether the New START Treaty (as defined in section 494(a)(2)(D)(ii)) of title 10, United States Code) is in the national security interests of the United States.
## Sec. 1061 Enhancement of capacity of the United States Government to analyze captured records — added
- (a) In general— Chapter 21 of title 10, United States Code, is amended by inserting after section 426 the following new section:
- “427. Conflict Records Research Center
- “(a) Center Authorized—The Secretary of Defense may establish a center to be known as the “Conflict Records Research Center” (in this section referred to as the “Center”).
- “(b) Purposes—The purposes of the Center shall be the following:
- “(1) To establish a digital research database including translations and to facilitate research and analysis of records captured from countries, organizations, and individuals, now or once hostile to the United States, with rigid adherence to academic freedom and integrity.
- “(2) Consistent with the protection of national security information, personally identifiable information, and intelligence sources and methods, to make a significant portion of these records available to researchers as quickly and responsibly as possible while taking into account the integrity of the academic process and risks to innocents or third parties.
- “(3) To conduct and disseminate research and analysis to increase the understanding of factors related to international relations, counterterrorism, and conventional and unconventional warfare and, ultimately, enhance national security.
- “(4) To collaborate with members of academic and broad national security communities, both domestic and international, on research, conferences, seminars, and other information exchanges to identify topics of importance for the leadership of the United States Government and the scholarly community.
- “(c) Concurrence of the Director of National Intelligence—The Secretary of Defense shall seek the concurrence of the Director of National Intelligence to the extent the efforts and activities of the Center involve the entities referred to in subsection (b)(4).
- “(d) Support From Other United States Government Departments or Agencies—The head of any non-Department of Defense department or agency of the United States Government may—
- “(1) provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; and
- “(2) transfer funds to the Secretary of Defense to support the operations of the Center.
- “(e) Acceptance of Gifts and Donations
- “(1) Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center.
- “(2) The sources specified in this paragraph are the following:
- “(A) The government of a State or a political subdivision of a State.
- “(B) The government of a foreign country.
- “(C) A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.
- “(D) Any source in the private sector of the United States or a foreign country.
- “(3) The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise—
- “(A) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or
- “(B) the integrity of any program of the Department or of any person involved in such a program.
- “(4) The Secretary shall provide written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection.
- “(f) Crediting of Funds Transferred or Accepted—Funds transferred to or accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged. Any funds so transferred or accepted shall remain available until expended.
- “(g) Definitions—In this section:
- “(1) The term “captured record” means a document, audio file, video file, or other material captured during combat operations from countries, organizations, or individuals, now or once hostile to the United States.
- “(2) The term “gift or donation” means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).”
- (b) Clerical amendment— The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 426 the following new item:
## Sec. 1062 Extension of authority to provide military transportation services to certain other agencies at the Department of Defense reimbursement rate — added
- (a) In general— Section 2642(a) of title 10, United States Code, is amended—
- (1) by striking “airlift” each place it appears and inserting “transportation”; and
- (2) in paragraph (3)—
- (A) by striking “October 28, 2014” and inserting “September 30, 2019”;
- (B) by inserting and “military transportation services provided in support of foreign military sales” after “Department of Defense”; and
- (C) by striking “air industry” and inserting “transportation industry”.
- (b) Technical amendment— The heading for such section is amended by striking “Airlift” and inserting “Transportation”.
- (c) Clerical amendment— The table of sections at the beginning of chapter 157 of such title is amended by striking the item relating to section 2642 and inserting the following new item:
## Sec. 1063 Limitation on availability of funds for modification of force structure of the Army — added
- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of the Army may be used to modify the force structure or basing strategy of the Army until the Secretary of the Army—
- (1) submits to Congress the report on force structure required by section 1066 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1943); and
- (2) provides to the congressional defense committees a briefing on the most recent force mix analysis conducted by the Secretary, including—
- (A) the assumptions and scenarios used to determine the type and mix of Brigade Combat Teams;
- (B) the rationale for the recommended force mix; and
- (C) the risks involved with the recommended force mix.
## Sec. 1064 Limitation on use of funds for public-private cooperation activities — added
- 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. 112–479).
## Sec. 1071 Oversight of combat support agencies — added
- Section 193(a)(1) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by inserting “and the congressional defense committees” after “the Secretary of Defense”.
## Sec. 1072 Inclusion in annual report of description of interagency coordination relating to humanitarian demining technology — added
- Section 407(d) of title 10, United States Code, is amended—
- (1) in paragraph (3), by striking “and” at the end;
- (2) in paragraph (4), by striking the period and inserting “; and”; and
- (3) by adding at the end the following new paragraph:
- “(5) a description of interagency efforts to coordinate and improve research, development, test, and evaluation for humanitarian demining technology and mechanical clearance methods, including the transfer of relevant counter-improvised explosive device technology with potential humanitarian demining applications.”
## Sec. 1073 Extension of deadline for Comptroller General report on assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense — added
- Section 1081(d) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law. 112–81; 125 Stat. 1599; 10 U.S.C. 168 note) is amended by striking “December 30, 2013” and inserting “December 30, 2014”.
## Sec. 1074 Repeal of requirement for Comptroller General assessment of Department of Defense efficiencies — added
- Section 1054 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1582) is repealed.
## Sec. 1075 Matters for inclusion in the assessment of the 2013 quadrennial defense review — added
- (a) In general— For purposes of conducting the assessment of the 2013 quadrennial defense review under section 118 of title 10, United States Code, the National Defense Panel established under subsection (f) of such section (hereinafter in this section referred to as the “Panel”) shall—
- (1) conduct an assessment of the recommendation included in the assessment of the 2009 quadrennial defense review under such section regarding the establishment of a standing, independent strategic review panel;
- (2) include in the report required by paragraph (7) of such subsection the recommendations of the Panel regarding the establishment of such a standing panel; and
- (3) take into consideration the Strategic Choices and Management Review directed by the Secretary of Defense during 2013, particularly in carrying out the responsibilities of the Panel under clauses (i), (ii), and (v) of paragraph (5) of such subsection.
- (b) Updates from Secretary of Defense— In providing updates to the panel regarding the 2013 quadrennial defense review under paragraph (8) of such subsection, or providing information requested by the panel pursuant to paragraph (9)(A) of such subsection, the Secretary of Defense or head of the department or agency, as appropriate, shall also provide information related to the Strategic Choices and Management Review.
## Sec. 1076 Review and assessment of United States Special Operations Forces and United States Special Operations Command — added
- (a) In General— The Secretary of Defense shall conduct a review of the United States Special Operations Forces organization, capabilities, and structure.
- (b) Report— Not later than the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2015, the Secretary of Defense shall submit to the congressional defense committees a report on the review conducted under subsection (a). Such report shall include an analysis of each of the following:
- (1) The organizational structure of the United States Special Operations Command and each subordinate component, as in effect as of the date of the enactment of this Act.
- (2) The policy and civilian oversight structures for Special Operations Forces within the Department of Defense, as in effect as of the date of the enactment of this Act, including the statutory structures and responsibilities of the Office of the Secretary of Defense for Special Operations and Low Intensity Conflict within the Department.
- (3) The roles and responsibilities of United States Special Operations Command and Special Operations Forces under section 167 of title 10, United States Code.
- (4) Current and future special operations peculiar requirements of the commanders of the geographic combatant commands, Theater Special Operations Commands, and command relationships between United States Special Operations Command and the geographic combatant commands.
- (5) The funding authorities, uses, and oversight mechanisms of Major Force Program–11.
- (6) Changes to structure, authorities, oversight mechanisms, Major Force Program–11 funding, roles, and responsibilities assumed in the 2014 Quadrennial Defense Review.
- (7) Any other matters the Secretary of Defense determines are appropriate to ensure a comprehensive review and assessment.
- (c) In general— Not later than 60 days after the date on which the report required by subsection (b) is submitted, the Comptroller General of the United States shall submit to the congressional defense committees a review of the report. Such review shall include an assessment of United States Special Operations Forces organization, capabilities, and force structure with respect to conventional force structures and national military strategies.
## Sec. 1077 Reports on unmanned aircraft systems — added
- (a) Report on collaboration, demonstration, and use cases and data sharing— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Transportation, the Administrator of the Federal Aviation Administration, and the Administrator of the National Aeronautics and Space Administration, on behalf of the UAS Executive Committee, shall submit jointly to the appropriate committees of Congress a report setting forth the following:
- (1) The collaboration, demonstrations, and initial fielding of unmanned aircraft systems at test sites within and outside of restricted airspace.
- (2) The progress being made to develop public and civil sense-and-avoid and command-and-control technology.
- (3) An assessment on the sharing of operational, programmatic, and research data relating to unmanned aircraft systems operations by the Federal Aviation Administration, the Department of Defense, and the National Aeronautics and Space Administration to help the Federal Aviation Administration establish civil unmanned aircraft systems certification standards, pilot certification and licensing, and air traffic control procedures, including identifying the locations selected to collect, analyze, and store the data.
- (b) Report on resource requirements needed for unmanned aircraft systems described in the five-year roadmap— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, on behalf of the UAS Executive Committee, shall submit to the appropriate committees of Congress a report setting forth the resource requirements needed to meet the milestones for unmanned aircraft systems integration described in the five-year roadmap under section 332(a)(5) of the FAA Modernization and Reform Act (Public Law 112–95; 49 U.S.C. 40101 note).
- (c) Definitions— In this section:
- (1) The term “appropriate committees of Congress” means—
- (A) the Committee on Armed Services, the Committee on Commerce, Science and Transportation, and the Committee on Appropriations of the Senate; and
- (B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives.
- (2) The term “UAS Executive Committee” means the Department of Defense–Federal Aviation Administration executive committee described in section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4596) established by the Secretary of Defense and the Administrator of the Federal Aviation Administration.
## Sec. 1078 Online availability of reports submitted to Congress — added
- (a) In general— Subsection (a)(1) of section 122a of title 10, United States Code, is amended to read as follows:
- “(1) made available on a publicly accessible Internet website of the Department of Defense; and”
- (b) Effective date— The amendment made by subsection (a) shall apply with respect to reports submitted to Congress after the date of the enactment of this Act.
## Sec. 1079 Provision of defense planning guidance and contingency operation plan information to Congress — added
- (a) 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.”
- (b) 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,
- (c) 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. 1081 Technical and clerical amendments — added
- (a) Title 10— Title 10, United States Code, is amended as follows:
- (1) The table of chapters at the beginning of subtitle A, and at the beginning of part I of such subtitle, are each amended by striking the item relating to chapter 24 and inserting the following:
- (2) Section 122a(a) is amended by striking “subsection (b) is” and inserting “subsection (b) is—”.
- (3) The table of sections at the beginning of chapter 3 is amended by striking the item relating to section 130e and inserting the following new item:
- (4) The table of sections at the beginning of chapter 9 is amended by striking the item relating to section 231 and inserting the following new item:
- (5) Section 231a(a) is amended by striking “fiscal year of Defense” and inserting “fiscal year, the Secretary of Defense”.
- (6) Chapter 24 is amended by adding a period at the end of the enumerator of section 498.
- (7) Section 494(c) is amended by striking “the date of the enactment of this Act” each place it appears and inserting “December 31, 2011”.
- (8) Section 673(a) is amended by inserting “of the Uniform Code of Military Justice” after “120c”.
- (9) Section 1401a is amended by striking “before the enactment of the National Defense Authorization Act for Fiscal Year 2008” in subsections (d) and (e) and inserting “before January 28, 2008”.
- (10) Section 2359b(k)(4)(B) is amended by adding a period at the end.
- (11) Section 2461(a)(5)(E)(i) is amended by striking “the a” and inserting “the”.
- (b) National Defense Authorization Act for Fiscal Year 2013— Effective as of January 2, 2013, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended as follows:
- (1) Section 322(e)(2) (126 Stat. 1695) is amended by striking “Section 2366b(A)(3)(F)” and inserting “Section 2366b(a)(3)(F)”.
- (2) Section 371(a)(1) (126 Stat. 1706) is amended by striking “subsections (f) and (g) as subsections (g) and (h), respectively” and inserting “subsection (f) as subsection (g)”.
- (3) Section 611(7) (126 Stat. 1776) is amended by striking “Section 408a(e)” and inserting “Section 478a(e)”.
- (4) Section 822(b) (126 Stat. 1830) is amended by striking “such Act” and inserting “such section”.
- (5) Section 1031(b)(3)(B) (126 Stat.1918) is amended by striking the subclause (III) immediately below clause (iv).
- (6) Section 1031(b)(4) (126 Stat.1919) is amended by striking “Section 1031(b)” and inserting “Section 1041(b)”.
- (7) Section 1086(d)(1) (126 Stat.1969) is amended by striking “paragraph (1)” and inserting “paragraph (2)”.
- (8) Section 1221(a)(2) (126 Stat. 1992) is amended by striking “fiscal” both places it appears and inserting “Fiscal”.
- (9) Section 1804 (126 Stat. 2111) is amended—
- (A) in subsection (h)(1)(B), by striking “inserting “; and”;” and inserting “inserting a semicolon;”; and
- (B) in subsection (i), by inserting after “it appears” the following: “(except in those places in which “Administrator of FEMA” already appears)”.
- (c) National Defense Authorization Act for Fiscal Year 2012— Effective as of December 31, 2011, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) is amended as follows:
- (1) Section 312(b)(6)(F) (125 Stat. 1354) is amended by striking “subsection (D)” and inserting “subsection (d)”.
- (2) Section 585(a)(1) (125 Stat. 1434; 10 U.S.C. 1561 note) is amended “experts sexual” and inserting “experts in sexual”.
- (d) National Defense Authorization Act for Fiscal Year 2004— Section 338(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 5013 note), as most recently amended by section 321 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1694), is amended by striking “subsection 4703” and inserting “section 4703”.
- (e) Amendment to title 41— Section 4712(i) is amended by inserting before “the enactment” the following: “that is 180 days after the date”.
- (f) Coordination with other amendments made by this Act— For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any amendment made by other provisions of this Act.
## Sec. 1082 Transportation of supplies for the United States by aircraft operated by United States air carriers — added
- (a) Department of Defense—
- (1) 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
- “(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 available 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.”
- (2) 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:
- (b) Other departments and agencies—
- (1) 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
- “(a) Guarantee—Consistent with the provisions of section 40118 of title 49, when the United States procures, enters into a contract 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.”
- (2) Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
## Sec. 1083 Reduction in costs to report critical changes to major automated information system programs — added
- (a) Extension of a program defined— Section 2445a of title 10, United States Code, is amended by adding at the end the following new subsection:
- “(g) Extension of a program—In this chapter, the term “extension of a program” means, with respect to a major automated information system program or other major information technology investment program, the further deployment or planned deployment to additional users of the system which has already been found operationally effective and suitable by an independent test agency or the Director of Operational Test and Evaluation, beyond the scope planned in the original estimate or information originally submitted on the program.”
- (b) Reports on critical changes in MAIS programs— Subsection (d) of section 2445c of such title is amended—
- (1) in paragraph (1), by striking “paragraph (2)” and inserting “paragraph (3)”;
- (2) by redesignating paragraph (2) as paragraph (3); and
- (3) by inserting after paragraph (1) the following new paragraph (2):
- “(2) Notification when variance due to congressional action or extension of program—If a senior Department of Defense official who, following receipt of a quarterly report described in paragraph (1) and making a determination described in paragraph (3), also determines that the circumstances resulting in the determination described in paragraph (3) either (A) are primarily the result of congressional action, or (B) are primarily due to an extension of a program, the official may, in lieu of carrying out an evaluation and submitting a report in accordance with paragraph (1), submit to the congressional defense committees, within 45 days after receiving the quarterly report, a notification that the official has made those determinations. If such a notification is submitted, the limitation in subsection (g)(1) does not apply with respect to that determination under paragraph (3).”
- (c) Conforming cross-reference amendment— Subsection (g)(1) of such section is amended by striking “subsection (d)(2)” and inserting “subsection (d)(3)”.
- (d) Total acquisition cost information— Title 10, United States Code, is further amended—
- (1) in section 2445b(b)(3), by striking “development costs” and inserting “total acquisition costs”; and
- (2) in section 2445c—
- (A) in subparagraph (B) of subsection (c)(2), by striking “program development cost” and inserting “total acquisition cost”; and
- (B) in subparagraph (C) of subsection (d)(3) (as redesignated by subsection (b)(2)), by striking “program development cost” and inserting “total acquisition cost”.
- (e) Clarification of cross-reference— Section 2445c(g)(2) of such title is amended by striking “in compliance with the requirements of subsection (d)(2)” and inserting “under subsection (d)(1)(B)”.
## Sec. 1084 Extension of authority of Secretary of Transportation to issue non-premium aviation insurance — added
- Section 44310 of title 49, United States Code, is amended—
- (1) by inserting “(a) In General.—” before “The authority”;
- (2) by striking “this chapter” and inserting “any provision of this chapter other than section 44305”; and
- (3) by adding at the end the following new subsection:
- “(b) Insurance of United States Government property—The authority of the Secretary of Transportation to provide insurance and reinsurance for a department, agency, or instrumentality of the United States Government under section 44305 is not effective after December 31, 2018.”
## Sec. 1085 Revision of compensation of members of the National Commission on the Structure of the Air Force — added
- (a) Revision— Section 365(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat.1705) is amended—
- (1) by striking “shall be compensated” and inserting “may be compensated”;
- (2) by striking “equal to” and inserting “not to exceed”; and
- (3) by inserting “of $155,400” after “annual rate”.
- (b) Effective date— The amendments made by subsection (a) shall apply with respect to compensation for a duty performed on or after April 2, 2013.
## Sec. 1086 Protection of tier one task critical assets from electromagnetic pulse and high-powered microwave systems — added
- (a) Certification required— Not later than June 1, 2014, the Secretary of the Defense shall submit to the congressional defense committees certification that defense critical assets designated as tier one task critical assets (hereinafter referred to as “TCAs”) 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).
- (b) Plan required— Not later than January 1, 2015, the Secretary of the Defense 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:
- (1) An analysis of how the Department of Defense plans to mitigate any risks to mission assurance for non-certified tier one TCAs, including any steps that may be needed for remediation.
- (2) The development or adoption by the Department of a standard of resistance or protection against man-made and natural electromagnetic threats for electricity sources that supply electricity to tier one TCAs.
- (3) The development by the Department 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).
- (c) Preparation of plan— In preparing the plan required by subsection (b), the Secretary of Defense 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. Stat. 1654A–345).
- (d) Form of submission— The plan required by subsection (b) shall be submitted in classified form.
- (e) Definitions— In this section:
- (1) 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.
- (2) 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. 1087 Strategy for future military information operations capabilities — added
- (a) Strategy required— The Secretary of Defense shall develop and implement a strategy for developing and sustaining military information operations capabilities for future contingencies. The Secretary shall submit such strategy to the congressional defense committees by not later than February 1, 2014.
- (b) Contents of strategy— The strategy required in subsection (a) shall include each of the following:
- (1) A plan for the sustainment of existing capabilities that have been developed during the ten-year period prior to the date of the enactment of this Act, including such capabilities developed using funds authorized to be appropriated for overseas contingency operations.
- (2) A discussion of how the capabilities referred to in paragraph (1) are being integrated into both operational plans (OPLANS) and contingency plans (CONPLANS).
- (3) An assessment of the force structure that is necessary to support operational planning and potential contingency operations, including the relative balance across the active and reserve components.
- (4) Estimates of the steady-state resources needed to support the force structure referred to in paragraph (3), as well as estimates for resources that might be needed based on selected OPLANS and CONPLANS.
- (5) A description of how new and emerging technologies can be incorporated into the projected force structure and future OPLANS and CONPLANS.
- (6) A description of new capabilities that may be needed to fill any identified gaps and programs that might be required to develop such capabilities.
## Sec. 1088 Compliance of military departments with minimum safe staffing standards — added
- In implementing the sequester required by section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, as ordered on March 1, 2013, the Secretary of Defense shall ensure that all military departments remain fully compliant with minimum safe staffing standards, as outlined in the Department of Defense Fire and Emergency Services Program (DoD Instruction 6055.06).
## Sec. 1089 Determination and Disclosure of Transportation Costs Incurred by Secretary of Defense for congressional trips outside the United States — added
- (a) 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—
- (1) determine the cost of the transportation provided with respect to the Member, officer, or employee;
- (2) not later than 10 days after completion of the trip involved, provide a written statement of the cost—
- (A) to the Member, officer, or employee involved, and
- (B) 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
- (3) 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.
- (b) Exceptions—
- (1) Exceptions described— This section does not apply with respect to any trip for which any of the following applies:
- (A) 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).
- (B) The use of transportation provided by the Department of Defense is necessary to protect the safety and security of the individuals taking the trip.
- (2) 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).
- (c) Definitions— In this section:
- (1) Member— The term Member, with respect to the House of Representatives, includes a Delegate or Resident Commissioner to the Congress.
- (2) 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.
- (d) 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. 1101 One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas
- Section 1587(b) Effective January 1, 2014, section 1101(a) of title 10, United States Code, the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1101 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1973), is further amended by striking “through 2013” and inserting “, threaten to take,” after “take” the third place it appears.“through 2014”.
## Sec. 1102 One-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone — added
- Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and most recently amended by section 1104 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 125 Stat. 1973), is further amended by striking “2014” and inserting “2015”.
## Sec. 1103 Extension of voluntary reduction-in-force authority for civilian employees of Department of Defense — added
- Section 3502(f)(5) of title 5, United States Code, is amended by striking “September 30, 2014” and inserting “September 30, 2015”.
## Sec. 1104 Extension of authority to make lump-sum severance payments to Department of Defense employees — added
- Section 5595(i)(4) of title 5, United States Code, is amended by striking “October 1, 2014” and inserting “October 1, 2018”.
## Sec. 1105 Revision to amount of financial assistance under Department of Defense Science, Mathematics, and Research for Transformation (SMART) Defense Education Program — added
- Paragraph (2) of section 2192a(b) of title 10, United States Code, is amended by striking “the amount determined” and all that follows through “room and board” and inserting “an amount determined by the Secretary of Defense”.
## Sec. 1106 Extension of program for exchange of information-technology personnel — added
- (a) In general— Section 1110(d) of the National Defense Authorization Act for Fiscal Year 2010 (5 U.S.C. 3702 note) is amended by striking “2013.” and inserting “2023.”.
- (b) Reporting requirement— Section 1110(i) of such Act is amended by striking “2015,” and inserting “2024,”.
## Sec. 1107 Defense Science Initiative for Personnel — added
- (a) 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—
- (1) the personnel and support services needed to carry out their mission; and
- (2) decentralized management authority.
- (b) 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”).
- (c) Laboratories covered by Initiative— The laboratories covered by the Initiative—
- (1) 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
- (2) 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.
- (d) Science and engineering degreed and technical positions at STRLs—
- (1) In general— The director of any STRL may appoint qualified candidates, without regard to sections 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.
- (2) 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) a candidate who has earned a bachelor’s or master’s degree;
- (B) 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
- (C) 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.
- (3) 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.
- (e) Exclusion from personnel limitations, etc— The director of any STRL shall manage the workforce strength of such STRL—
- (1) without regard to any limitation on appointments or any allocation of positions with respect to such STRL, subject to paragraph (2); and
- (2) in a manner consistent with the budget available with respect to such STRL.
- (f) Senior Executive Service rotation authority— Section 3131 of title 5, United States Code, is amended—
- (1) in paragraph (5), by striking “mission;” and inserting “mission, subject to paragraph (15);”;
- (2) in paragraph (13), by striking “and” at the end;
- (3) in paragraph (14), by striking the period and inserting “; and”; and
- (4) 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.”
- (g) Senior scientific technical managers—
- (1) 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 of the General Schedule pursuant to section 5108 of title 5, United States Code. The primary functions of such positions shall be—
- (A) 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
- (B) to carry out technical supervisory responsibilities.
- (2) 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.
- (h) 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. 1201 Modification and extension of authorities relating to program to build the capacity of foreign military forces
- (a) Authority— Subsection (a) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456), as most recently amended by section 1206 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4625), is further amended—
- (1) in paragraph (1)—
- (A) in subparagraph (A), by striking “or” at the end;
- (B) in subparagraph (B), by striking the period at the end and inserting “; or”; and
- (C) by adding at the end the following new subparagraph:
- “(C) support the theater security priorities of a Geographic Combatant Commander.”
- (2) by adding at the end the following new paragraph:
- “(3) To build the capacity of a foreign country’s security forces to conduct counterterrorism operations.”
- (b) Annual funding limitation— Subsection (c)(1) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006, as so amended, is further amended by striking “$350,000,000” and inserting “$425,000,000”.
- (c) Notification of planning and execution of funds— Subsection (e) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006, as most recently amended by section 1201 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1979), is further amended—
- (1) by redesignating paragraph (3) as paragraph (4);
- (2) by inserting after paragraph (2) the following new paragraph:
- “(3) Notification of planning and execution of funds—In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2016, and each subsequent fiscal year, the Secretary of Defense shall include the following:
- “(A) For programs to be conducted or supported under subsection (a) (other than subsection (a)(1)(C)) for such fiscal year, a description of the proposed planning and execution of not less than 50 percent of the total amount of funds to be made available for such programs.
- “(B) For programs to be conducted or supported under subsection (a)(1)(C) for such fiscal year, a description of the proposed planning and execution of 100 percent of the total amount of funds to be made available for such programs.”
- (3) in subparagraph (B) of paragraph (4), as so redesignated, by striking “Committee on International Relations” and inserting “Committee on Foreign Affairs”.
- (d) Termination of program— Subsection (g) of the National Defense Authorization Act for Fiscal Year 2006, as most recently amended by section 1201 of the National Defense Authorization Act for Fiscal Year 2013, is further amended by striking “2014” each place it appears and inserting “2016”.
- (e) Repeal of authority to build the capacity of certain counterterrorism forces in Yemen and East Africa— Section 1203 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1980) is hereby repealed.
- Subsection (h) of section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4579), as amended by section 1205(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1624), is further amended by striking “2013” and inserting “2018”.
## Sec. 1202 Three-year extension of authorization for non-conventional assisted recovery capabilities
- Section 516(g)(1) 943(h) of the Foreign Assistance Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4579), as amended by section 1205(g) of 1961 (22 U.S.C. 2321j(g)(1)) the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1624), is further amended by striking “$425,000,000” “2013” and inserting “$500,000,000”.“2016”.
## Sec. 1203 Global Security Contingency Fund — added
- (a) Authority— Subsection (b) of section 1207 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1625; 22 U.S.C. 2151 note) is amended—
- (1) in the matter preceding paragraph (1), by inserting “or regions” after “countries”; and
- (2) in paragraph (1)—
- (A) in the matter preceding subparagraph (A), by striking “and other national security forces” and inserting “or other national security forces”; and
- (B) in subparagraph (A)—
- (i) by striking “and counterterrorism operations” and inserting “or counterterrorism operations”; and
- (ii) by striking “and” at the end and inserting “or”.
- (b) Notices to congress— Subsection (l) of such section is amended to read as follows:
- “(l) Notices to Congress—Not less than 30 days before initiating an activity under a program of assistance under subsection (b), the Secretary of State and the Secretary of Defense shall jointly submit to the specified congressional committees a notification that includes the following:
- “(1) A request for the transfer of funds into the Fund under subsection (f) or any other authority, including the original source of the funds.
- “(2) A detailed justification for the total anticipated program plan for each country to include total anticipated costs and the specific activities contained therein.
- “(3) The budget, execution plan and timeline, and anticipated completion date for the activity.
- “(4) A list of other security-related assistance or justice sector and stabilization assistance that the United States is currently providing the country concerned and that is related to or supported by the activity.
- “(5) Such other information relating to the program or activity as the Secretary of State or Secretary of Defense considers appropriate.”
- (c) Transitional authorities; annual reports; guidance and processes for exercise of authority— Such section, as so amended, is further amended—
- (1) by striking subsection (n);
- (2) by redesignating subsection (m) as subsection (n); and
- (3) by inserting after subsection (l), as so amended, the following new subsection:
- “(m) Guidance and processes for exercise of authority—The Secretary of State and the Secretary of Defense shall jointly submit a report to the specified congressional committees 15 days after the date on which the necessary guidance has been issued and processes for implementation of the authority in subsection (b). The Secretary of State and Secretary of Defense shall jointly submit additional reports not later than 15 days after the date on which any future modifications to the guidance and processes for implementation of the authority in subsection (b) are issued.”
- (d) Funding— Subsection (o) of such section is amended by striking “(o) funding.—” and all that follows through “(2) fiscal years 2013 and after.—” and inserting “(o) funding.—”.
## Sec. 1204 Codification of National Guard State Partnership Program — added
- (a) State Partnership Program—
- (1) In general— Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section:
- “116. State Partnership Program
- “(a) Purposes of program—The purposes of the State Partnership Program of the National Guard are the following:
- “(1) To support the objectives of the commander of the combatant command for the theater of operations in which such contacts and activities are conducted.
- “(2) To support the objectives of the United States chief of mission of the partner nation with which contacts and activities are conducted.
- “(3) To build international partnerships and defense and security capacity.
- “(4) To strengthen cooperation between the departments and agencies of the United States Government and agencies of foreign governments to support building of defense and security capacity.
- “(5) To facilitate intergovernmental collaboration between the United States Government and foreign governments in the areas of defense and security.
- “(6) To facilitate and enhance the exchange of information between the United States Government and foreign governments on matters relating to defense and security.
- “(b) Availability of appropriated funds for program
- “(1) Funds appropriated to the Department of Defense, including funds appropriated for the Air and Army National Guard, shall be available for the payment of costs incurred by the National Guard to conduct activities under the State Partnership Program, whether those costs are incurred inside or outside the United States.
- “(2) Costs incurred by the National Guard and covered under paragraph (1) may include the following:
- “(A) Costs of pay and allowances of members of the National Guard.
- “(B) Travel and necessary expenses of United States personnel outside of the Department of Defense in support of the State Partnership Program.
- “(C) Travel and necessary expenses of foreign participants directly supporting activities under the State Partnership Program.
- “(c) Limitations on use of funds
- “(1) Funds shall not be available under subsection (b) for activities conducted in a foreign country unless jointly approved by—
- “(A) the commander of the combatant command concerned; and
- “(B) the chief of mission concerned, with the concurrence of the Secretary of State.
- “(2) Funds shall not be available under subsection (b) for the participation of a member of the National Guard in activities in a foreign country unless the member is on active duty in the armed forces at the time of such participation.
- “(3) Funds shall not be available under subsection (b) for interagency activities involving United States civilian personnel or foreign civilian personnel unless the participation of such personnel in such activities—
- “(A) contributes to responsible management of defense resources;
- “(B) fosters greater respect for and understanding of the principle of civilian control of the military;
- “(C) contributes to cooperation between the United States armed forces and civilian governmental agencies and foreign military and civilian government agencies; or
- “(D) improves international partnerships and capacity on matters relating to defense and security.
- “(d) Reimbursement
- “(1) In the event of the participation of United States Government participants (other than personnel of the Department of Defense) in activities for which payment is made under subsection (b), the head of the department or agency concerned shall reimburse the Secretary of Defense for the costs associated with the participation of such personnel in such contacts and activities.
- “(2) Amounts received under paragraph (1) shall be deposited in the appropriation or account from which amounts for the payment concerned were derived. Any amounts so deposited shall be merged with amounts in such appropriation or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account.
- “(e) Definitions—In this section:
- “(1) The term State Partnership Program means a program that establishes a defense and security relationship between the National Guard of a State or territory and the military and security forces, and related disaster management, emergency response, and security ministries, of a foreign country.
- “(2) The term activities, for purposes of the State Partnership Program, means any military-to-military activities or interagency activities for a purpose set forth in subsection (a)(1).
- “(3) The term “interagency activities” means the following:
- “(A) Contacts between members of the National Guard and foreign civilian personnel outside the ministry of defense of the foreign country concerned on a matter within the core competencies of the National Guard.
- “(B) Contacts between United States civilian personnel and members of the military and security forces of a foreign country or foreign civilian personnel on a matter within the core competencies of the National Guard.
- “(4) The term matter within the core competencies of the National Guard means matters with respect to the following:
- “(A) Disaster response and mitigation.
- “(B) Defense support to civil authorities.
- “(C) Consequence management and installation protection.
- “(D) Response to a chemical, biological, radiological, nuclear, or explosives (CBRNE) event.
- “(E) Border and port security and cooperation with civilian law enforcement.
- “(F) Search and rescue.
- “(G) Medicine.
- “(H) Counter-drug and counter-narcotics activities.
- “(I) Public affairs.
- “(J) Employer support and family support for reserve forces.
- “(5) The term United States civilian personnel means the following:
- “(A) Personnel of the United States Government (including personnel of departments and agencies of the United States Government other than the Department of Defense) and personnel of State and local governments of the United States.
- “(B) Members and employees of the legislative branch of the United States Government.
- “(C) Non-governmental individuals.
- “(6) The term foreign civilian personnel means the following:
- “(A) Civilian personnel of a foreign government at any level (including personnel of ministries other than ministries of defense).
- “(B) Non-governmental individuals of a foreign country.”
- (2) Clerical amendment— The table of sections at the beginning of chapter 1 of such title is amended by adding at the end the following new item:
- (b) Repeal of superseded authority— Section 1210 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2517; 32 U.S.C. 107 note) is repealed.
## Sec. 1205 Authority to conduct activities to enhance the capability of certain foreign countries to respond to incidents involving weapons of mass destruction in Syria and the region — added
- (a) Authority— The Secretary of Defense, with the concurrence of the Secretary of State, may provide assistance to the military and civilian response organizations of Jordan, Kuwait, Bahrain, the United Arab Emirates, Iraq, Turkey, and other countries in the region of Syria in order for such countries to respond effectively to incidents involving weapons of mass destruction in Syria and the region.
- (b) Authorized elements— Assistance provided under this section may include training, equipment, and supplies.
- (c) Availability of funds for activities across fiscal years— The Secretary of Defense may use up to $4,000,000 of the funds made available to the Department of Defense for operation and maintenance for a fiscal year to carry out the program authorized in subsection (a) and may provide assistance under such program that begins in that fiscal year but ends in the next fiscal year.
- (d) Report— Not later than 60 days after the date on which the authority of subsection (a) is first exercised, and annually thereafter through December 31, 2015, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an annual report to include at least the following:
- (1) A detailed description by country of assistance provided.
- (2) An overview of how such assistance fits into, and is coordinated with, other United States efforts to build the capability and capacity of countries in the region of Syria to counter the threat of weapons of mass destruction in Syria and the region.
- (3) A listing of equipment and supplies provided to countries in the region of Syria.
- (4) Any other matters the Secretary of Defense and the Secretary of State determine appropriate.
- (e) Expiration— The authority provided under subsection (a) may not be exercised after September 30, 2015.
## Sec. 1206 One-year extension of authority to support foreign forces participating in operations to disarm the Lord's Resistance Army — added
- (a) Funding— Subsection (c)(1) of section 1206 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1624) is amended—
- (1) by striking “fiscal years 2012 and 2013” and inserting “fiscal years 2012, 2013, and 2014”; and
- (2) by striking “for operation and maintenance” and inserting “to provide additional operation and maintenance funds for overseas contingency operations being carried out by the Armed Forces as specified in the funding table in section 4302”.
- (b) Expiration— Subsection (h) of such section is amended by striking “September 30, 2013” and inserting “September 30, 2014”.
## Sec. 1211 One-year extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations — added
- (a) 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”.
- (b) Limitation on amounts available— Subsection (d) of such section, as so amended, is further amended—
- (1) 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
- (2) in paragraph (3), by striking “Fiscal Year 2013” and inserting “Fiscal Year 2014”.
- (c) Limitation on reimbursement of Pakistan in fiscal year 2014 pending certification on Pakistan—
- (1) 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:
- (A) 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.
- (B) That Pakistan is taking demonstrable steps to—
- (i) 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;
- (ii) 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;
- (iii) 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
- (iv) conduct cross-border coordination and communication with Afghan security forces and United States Armed Forces in Afghanistan.
- (2) 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. 1212 One-year extension of authority to use funds for reintegration activities in Afghanistan — added
- Section 1216 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4392), as most recently amended by section 1218 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1990), is further amended—
- (1) in subsection (a)—
- (A) by striking “$35,000,000” and inserting “$25,000,000”; and
- (B) by striking “for fiscal year 2013” and inserting “for fiscal year 2014”; and
- (2) in subsection (e), by striking “December 31, 2013” and inserting “December 31, 2014”.
## Sec. 1213 Extension of Commanders’ Emergency Response Program in Afghanistan — added
- (a) One year extension—
- (1) In general— Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1619), as amended by section 1221 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1992), is amended by striking “fiscal year 2013” each place it appears and inserting “fiscal year 2014”.
- (2) Conforming amendment— The heading of subsection (a) of such section is amended by striking “fiscal year 2013” and inserting “fiscal year 2014”.
- (b) Amount of funds available during fiscal year 2014— Subsection (a) of such section is further amended by striking “$200,000,000” and inserting “$60,000,000”.
## Sec. 1214 Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq — added
- (a) Limitation on amount— Subsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1631), as amended by section 1211 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1982), is further amended by striking “fiscal year 2012” and all that follows and inserting “fiscal year 2014 may not exceed $209,000,000.”.
- (b) Source of funds— Subsection (d) of such section, as so amended, is further amended—
- (1) by striking “fiscal year 2012 or fiscal year 2013” and inserting “fiscal year 2014”; and
- (2) by striking “fiscal year 2012 or 2013, as the case may be,” and inserting “that fiscal year”.
- (c) Additional Authority for the Activities of the Office of Security Cooperation in Iraq— Subsection (f) of such section, as so amended, is further amended—
- (1) by striking “fiscal year 2013” and inserting “fiscal year 2014”; and
- (2) by striking “and Counter Terrorism Service”.
## Sec. 1215 One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan — added
- Section 1217(f) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4393), as most recently amended by section 1219 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1991), is further amended—
- (1) in paragraph (1), by adding at the end the following new subparagraph:
- “(C) Up to $279,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2014.”
- (2) in paragraph (2)—
- (A) in the matter preceding subparagraph (A)—
- (i) by striking “fiscal year 2011” and inserting “fiscal year 2013”; and
- (ii) by inserting “, or phase of a project,” after “each project”;
- (B) by redesignating subparagraph (C) as subparagraph (D); and
- (C) by inserting after subparagraph (B) the following new subparagraph:
- “(C) An assessment of the capability of the Afghan National Security Forces (ANSF) to provide security for such project after January 1, 2015, including ANSF force levels required to secure the project. Such assessment should include the estimated costs of providing security and whether or not the Government of Afghanistan is committed to providing such security.”
- (3) in paragraph (3), by adding at the end the following new subparagraph:
- “(D) In the case of funds for fiscal year 2014, until September 30, 2015.”
## Sec. 1216 Special immigrant visas for certain Iraqi and Afghan allies — added
- (a) Protection for Afghan allies— Section 602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C.1101 note) is amended—
- (1) 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,”;
- (2) 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
- (3) 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.”.
- (b) 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. 1217 Requirement to withhold Department of Defense assistance to Afghanistan in amount equivalent to 100 percent of all taxes assessed by Afghanistan to extent such taxes are not reimbursed by Afghanistan — added
- (a) Requirement to withhold assistance to Afghanistan— An amount equivalent to 100 percent of the total taxes assessed during fiscal year 2013 by the Government of Afghanistan on all Department of Defense assistance shall be withheld by the Secretary of Defense from obligation from funds appropriated for such assistance for fiscal year 2014 to the extent that the Secretary of Defense certifies and reports in writing to the Committees on Armed Services of the Senate and the House of Representatives that such taxes have not been reimbursed by the Government of Afghanistan to the Department of Defense or the grantee, contractor, or subcontractor concerned.
- (b) Waiver authority— The Secretary of Defense may waive the requirement in subsection (a) if the Secretary determines that such a waiver is necessary to achieve United States goals in Afghanistan.
- (c) Report— 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 the total taxes assessed during fiscal year 2013 by the Government of Afghanistan on all Department of Defense assistance.
- (d) Department of Defense assistance defined— In this section, the term “Department of Defense assistance” means funds provided during fiscal year 2013 to Afghanistan by the Department of Defense, either directly or through grantees, contractors, or subcontractors.
## Sec. 1221 Modification of report on progress toward security and stability in Afghanistan — added
- (a) 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—
- (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and
- (2) by inserting after subsection (e) the following new subsection:
- “(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.
- “(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.”
- (b) 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 Sense of Congress on United States military support in Afghanistan — added
- It is the sense of Congress that—
- (1) since the United States engagement in Afghanistan beginning in 2001, United States and coalition forces have achieved substantial progress toward security and stability in Afghanistan, including the training of the Afghan National Security Forces;
- (2) a stable and secure Afghanistan with a credible government is in the long-term national security interests of the United States and would contribute to the overall stability and security in the region;
- (3) 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;
- (4) 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;
- (5) the Haqqani Network continues to be the most important enabler of al Qaeda in Afghanistan and Pakistan;
- (6) 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;
- (7) 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;
- (8) 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;
- (9) 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;
- (10) 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;
- (11) 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;
- (12) 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
- (13) 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—
- (A) publicly support a residual United States military presence in Afghanistan consistent with United States national security interests;
- (B) 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
- (C) 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. 1223 Defense intelligence plan — added
- (a) 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, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a Department of Defense plan regarding covered defense intelligence assets in relation to the drawdown of the United States Armed Forces in Afghanistan. Such plan shall include—
- (1) a description of the covered defense intelligence assets;
- (2) a description of any such assets to remain in Afghanistan after December 31, 2014, to continue to support military operations;
- (3) a description of any such assets that will be or have been reallocated to other locations outside of the United States in support of the Department of Defense;
- (4) the defense intelligence priorities that will be or have been addressed with the reallocation of such assets from Afghanistan;
- (5) the necessary logistics, operations, and maintenance plans to operate in the locations where such assets will be or have been reallocated, including personnel, basing, and any host country agreements; and
- (6) a description of any such assets that will be or have been returned to the United States.
- (b) Covered defense intelligence assets defined— In this section, the term “covered defense intelligence assets” means Department of Defense intelligence assets and personnel supporting military operations in Afghanistan at any time during the one-year period ending on the date of the enactment of this Act.
## Sec. 1224 Limitation on availability of funds for certain authorities for Afghanistan — added
- (a) Reintegration activities and infrastructure projects in Afghanistan—
- (1) In general— None of the funds authorized to be appropriated by this Act may be obligated or expended to carry out the provisions of law described in paragraph (2) until 15 days after the date on which the Secretary of Defense submits to the specified congressional committees the certification described in subsection (d).
- (2) Provisions of law— The provisions of law referred to in paragraph (1) are the following:
- (A) Section 1216 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4392; relating to authority to use funds for reintegration activities in Afghanistan).
- (B) Section 1217 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4393; relating to authority for program to develop and carry out infrastructure projects in Afghanistan).
- (b) Commanders’ Emergency Response Program in Afghanistan— Of the funds authorized to be appropriated by this Act to carry out section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1619; relating to the Commanders’ Emergency Response Program in Afghanistan), $45,000,000 may not be obligated or expended until 15 days after the date on which the Secretary of Defense submits to the specified congressional committees the certification described in subsection (d).
- (c) Afghanistan Security Forces Fund— Of the funds authorized to be appropriated by this Act for the Afghanistan Security Forces Fund, $2,615,000,000 may not be obligated or expended until 15 days after the date on which the Secretary of Defense submits to the specified congressional committees the certification described in subsection (d).
- (d) Certification described— The certification referred to in subsections (a), (b), and (c) is a certification of the Secretary of Defense, in consultation with the Secretary of State, that the United States and Afghanistan have signed a bilateral security agreement that—
- (1) protects the Department of Defense, its military and civilian personnel, and contractors from liability to pay any tax, or similar charge, associated with efforts to carry out missions in the territory of Afghanistan that have been agreed to by both the Government of the United States and the Government of Afghanistan;
- (2) ensures exclusive jurisdiction for the United States over United States Armed Forces located in Afghanistan;
- (3) ensures that there is no infringement on the right of self-defense of the United States military mission or United States military personnel in Afghanistan;
- (4) ensures that the United States military in Afghanistan is permitted to take the efforts deemed necessary to protect other United States Government offices and personnel in Afghanistan as may be required;
- (5) ensures that the United States military mission in Afghanistan has sufficient access to bases and basing rights as may be necessary to carry out the activities in Afghanistan that the President has assigned to the military; and
- (6) ensures that the United States has the freedom of movement to carry out those military missions as may be required to continue the effort to defeat al Qaeda and its associated forces.
- (e) Specified congressional committees— In this section, the term “specified congressional committees” means—
- (1) the congressional defense committees; and
- (2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
## Sec. 1231 Report on United States military partnership with Gulf Cooperation Council countries — added
- (a) In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the United States military partnership with Gulf Cooperation Council countries.
- (b) Matters to be included— The report required by subsection (a) shall include the following:
- (1) An explanation of the steps that the Department of Defense is taking to improve the interoperability of United States-Gulf Cooperation Council countries missile defense systems.
- (2) An outline of the defense agreements with Gulf Cooperation Council countries, including caveats and restrictions on United States operations.
- (3) An outline of United States efforts in Gulf Cooperation Council countries that are funded by overseas contingency operations funding, an explanation of overseas contingency operations funding for such efforts, and a plan to transition overseas contingency operations funding for such efforts to long-term, sustainable funding sources.
- (c) Form— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex, if necessary.
## Sec. 1232 Additional elements in annual report on military power of Iran — added
- (a) 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—
- (1) in subparagraph (C), by striking “and” at the end;
- (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and
- (3) by adding at the end the following new subparagraphs:
- “(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; and
- “(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.”
- (b) 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. 1233 Sense of Congress on the defense of the Arabian Gulf — added
- (a) Findings— Congress finds the following:
- (1) In response to U.S. Central Command requirements, the United States Navy has maintained, on average, more than one aircraft carrier in the Arabian Gulf for more than five years.
- (2) In February 2013, the senior leadership of the Department of Defense elected to reduce the number of aircraft carriers deployed to the Arabian Gulf in light of budget constraints and limitation of the overall carrier force structure to support the two aircraft carrier requirement.
- (3) In reference to the decision to indefinitely delay the deployment of the USS Harry Truman, CVN 75, and the USS Gettysburg, its cruiser escort, Chairman of the Joint Chiefs, General Martin Dempsey stated, “We’re trying to stretch our readiness out by keeping this particular carrier in homeport in our global response force, so if something happens elsewhere in the world, we can respond to it. Had we deployed it and “consumed” that readiness, we could have created a situation where downstream we wouldn’t have a carrier present in certain parts of the world at all.”.
- (4) Highlighting the risks of having only one aircraft carrier in the region and relying on land-based aircraft, General Dempsey stated, “When you have carrier-based aircraft, you have complete autonomy and control over when you use them. When you use land-based aircraft, you often have to have host-nation permission to use them.”.
- (5) Addressing the perception of the United States commitment to the region, General James Mattis, Commander of U.S. Central Command, testified in March 2013, “Perhaps the greatest risk to U.S. interests in the region is a perceived lack of an enduring U.S. commitment to collective interests and the security of our regional partners.”. He went on to testify that, “The drawdown of our forces can be misinterpreted as a lack of attention, a lack of commitment to the region.”.
- (b) Sense of congress— It is the sense of Congress that—
- (1) maintaining only one aircraft carrier battle group in the Arabian Gulf constrains United States’ options and could put at risk the ability to have diversified platforms from which to defend the Arabian Gulf and, if necessary, to conduct military operations to prevent Iran from threatening the United States, United States allies, or Iran’s neighbors with nuclear weapons;
- (2) it is in the interests of the United States to maintain both land-based and sea-based capabilities in the region to project force;
- (3) land-based locations in the region could restrict United States military options and critically impact the operational capability if required to conduct a defense of the Arabian Gulf because the United States has not finalized bilateral security agreements with key Gulf Cooperation Council countries;
- (4) as a result of these and other critical limitations associated with maintaining one aircraft carrier battle group in the Arabian Gulf, United States military commanders have expressed concerns about the operational constraints, the increasing uncertainty among United States allies, and the emboldening of potential adversaries such as Iran;
- (5) regarding the ability of the United States Navy to maintain a two aircraft carrier presence in the Arabian Gulf, the Chief of Naval Operations, Admiral Jonathan Greenert, stated, “We need 11 carriers to do the job. That’s been pretty clearly written, and that’s underwritten in our defense strategic guidance.”.
- (6) the United States should construct and sufficiently sustain a fleet of at least eleven aircraft carriers and associated battle force ships in order to meet current and future requirements and to support at least a two aircraft carrier battle group presence in the Arabian Gulf, in addition to meeting other operational requirements; and
- (7) the United States should finalize bilateral agreements with key Gulf Cooperation Council countries that support the Defense of the Arabian Gulf requirements, at the earliest possible date.
## Sec. 1241 Report on posture and readiness of United States Armed Forces to respond to future terrorist attacks in Africa and the Middle East — added
- (a) Sense of Congress— It is the sense of Congress that—
- (1) 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;
- (2) 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;
- (3) 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;
- (4) 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;
- (5) 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;
- (6) 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;
- (7) 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;
- (8) 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 our force posture to a new normal of combustible violence in North Africa and in the Middle East”;
- (9) 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.”;
- (10) 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
- (11) 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.
- (b) Report required—
- (1) 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.
- (2) Matters to be included— The plan required under paragraph (1) shall include, at a minimum, the following:
- (A) 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.
- (B) 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.
- (C) In consultation with the Secretary of State, a description of new or modified requirements of the Department of State, if any, for—
- (i) United States Marine Security Guard Detachments;
- (ii) any other Department of Defense assets to provide enhanced security at Department of State facilities;
- (iii) 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
- (iv) an explanation of how any unfulfilled requirements for Marine Security Detachments would adversely impact security at Department of State facilities.
- (3) Definition— In this subsection, the term “appropriate congressional committees” means—
- (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
- (B) 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 — added
- (a) Sense of Congress— It is the sense of Congress that—
- (1) 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;
- (2) 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;
- (3) 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;
- (4) 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;
- (5) 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;
- (6) 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;
- (7) 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
- (8) 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.
- (b) Plan required—
- (1) 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.
- (2) Matters to be included— The plan required under paragraph (1) shall include, at a minimum, a detailed description of the following:
- (A) How United States security assistance and cooperation enables—
- (i) freedom of movement for the United States military throughout the region; and
- (ii) 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.
- (B) 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.
- (C) The extent to which the Egyptian military is—
- (i) supporting the protection of the political, economic, and religious freedoms and human rights of all citizens and residents in Egypt;
- (ii) supporting credible and legitimate elections in Egypt;
- (iii) supporting the Egypt-Israel Peace Treaty;
- (iv) taking effective steps to eliminate smuggling networks and to detect and destroy tunnels between Egypt and Gaza; and
- (v) supporting action to combat terrorism in the Sinai.
- (3) Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—
- (A) the congressional defense committees; and
- (B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
## Sec. 1243 Sense of Congress on the military developments on the Korean peninsula — added
- (a) Findings— Congress finds the following:
- (1) The Democratic People’s Republic of Korea (“North Korea”) has escalated regional tensions with hostile rhetoric and provocative actions.
- (2) North Korea threatened a nuclear attack on the United States and a resumption of open war against the Republic of Korea (“South Korea”).
- (3) North Korea’s nuclear weapons and ballistic missile programs constitute a threat to the national security of the United States and to regional stability.
- (4) On April 14, 2009, North Korea halted negotiations regarding its nuclear weapons program when it abandoned the Six-Party Talks with the People’s Republic of China (“China”), Japan, the Russian Federation (“Russia”), South Korea, and the United States.
- (5) On May 25, 2009, North Korea detonated a nuclear device in an underground explosive test.
- (6) On March 26, 2010, North Korea sank a South Korean naval vessel, the Cheonan, killing 46 South Korean sailors.
- (7) On November 23, 2010, North Korea shelled the border island of Yeonpyeong-do, killing four people. This was the first direct artillery attack on South Korean territory since the signing of the 1953 armistice.
- (8) On April 13, 2012, North Korea conducted a rocket launch that failed to send a satellite into orbit. This launch violated United Nations Security Council (UNSC) Resolutions 1718 and 1874.
- (9) On December 12, 2012, North Korea used banned long-range missile technology to launch an earth observation satellite into orbit. In response, the UNSC unanimously adopted Resolution 2087, condemning the launch.
- (10) On February 12, 2013, North Korea conducted a third underground nuclear test in violation of UNSC Resolution 1718, 1874, and 2087. The test also contravened North Korea’s commitments under the September 2005 Joint Statement of the Six-Party Talks.
- (11) On March 7, 2013, the UNSC unanimously adopted Resolution 2094, condemning North Korea’s third nuclear test and imposed additional sanctions against the regime.
- (12) On March 28, 2013, North Korea unilaterally nullified the armistice agreement with the United States that suspended military conflict on the Korean peninsula.
- (13) On March 30, 2013, North Korea declared a state of war with South Korea.
- (14) On April 4, 2013, North Korea placed two intermediate-range Musudan missiles on mobile launchers and temporarily relocated them to the eastern coast of the Korean peninsula before removing them a month later from the launch sites.
- (b) Sense of congress— It is the sense of Congress that—
- (1) the United States and its allies, South Korea and Japan, share the goal of a stable and peaceful Korean Peninsula, free of nuclear weapons;
- (2) the United States remains committed to defending its allies in the Asia-Pacific region and stability in Northeast Asia requires restraint by all parties from activities that would complicate international relations or escalate international tensions, and international disputes should be mitigated in a constructive manner consistent with established principles of international law;
- (3) Congress supports—
- (A) the verifiable denuclearization of the Korean Peninsula in a peaceful manner,
- (B) North Korea’s abandonment of its nuclear programs and return to the Treaty on the Nonproliferation of Nuclear Weapons and to International Atomic Energy Agency safeguards; and
- (C) North Korea’s full acceptance of and compliance with the terms of the 1953 Armistice Agreement;
- (4) the United States has national interests in security and stability in the Asia-Pacific region, the implementation of the United States-Korea Free Trade Agreement, nuclear non-proliferation efforts, the promotion of respect for the fundamental human rights of the North Korean people, international cyber-security cooperation, and full implementation of United States and multilateral sanctions against illicit activities;
- (5) the United States encourages China and Russia to fully implement and enforce United States and United Nations Security Council sanctions against North Korea; and
- (6) the President, the Secretary of State, and the Secretary of Defense should keep Congress fully informed on security developments on the Korean Peninsula.
## Sec. 1244 Sense of Congress on defense cooperation with Georgia — added
- 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. 1245 Limitation on establishment of Regional Special Operations Forces Coordination Centers — added
- (a) Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended to plan, prepare, establish, or implement any “Regional Special Operations Forces Coordination Center” (RSCC) or similar regional coordination entities.
- (b) Exclusion— The limitation contained in subsection (a) shall not apply with respect to any RSCC or similar regional coordination entity authorized by statute, including the North Atlantic Treaty Organization Special Operations Headquarters authorized under section 1244 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2541).
- (c) Report— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional committees specified in subsection (d) a report on the following:
- (1) A detailed description of the intent and purpose of the RSCC concept.
- (2) Defined and validated requirements justifying the establishment of RSCCs or similar entities within each geographic combatant command, to include how such centers have been coordinated and de-conflicted with existing regional and multilateral frameworks or approaches.
- (3) An explanation of why existing regional centers and multilateral frameworks cannot satisfy the requirements and needs of the Department of Defense and geographic combatant commands.
- (4) Cost estimates across the Future Years Defense Program for such centers, to include estimates of contributions of nations participating in such centers.
- (5) Any other matters that the Secretary of Defense or Secretary of State determines appropriate.
- (d) Specified congressional committees— The congressional committees referred to in subsection (c) are—
- (1) the congressional defense committees; and
- (2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
## Sec. 1246 Additional reports on military and security developments involving the Democratic People’s Republic of Korea — added
- (a) Report— Subsection (a) of section 1236 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641), as amended by section 1292 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2042), is further amended by striking “November 1, 2012, and November 1, 2013,” and inserting “November 1, 2013, November 1, 2015, and November 1, 2017,”.
- (b) Update— Section 1236 of the National Defense Authorization Act for Fiscal Year 2012 is amended—
- (1) by redesignating subsection (c) as subsection (d); and
- (2) by inserting after subsection (b) the following new subsection:
- “(c) Update—The Secretary of Defense shall revise or supplement the most recent report submitted pursuant to subsection (a) if, in the Secretary’s estimation, interim events or developments occurring in a period between reports required under subsection (a) warrant revision or supplement.”
## Sec. 1247 Amendments to annual report under Arms Control and Disarmament Act — added
- (a) Appropriate congressional committees— Section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a) is amended—
- (1) in subsection (a), by striking “the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate” and inserting “the appropriate congressional committees”; and
- (2) by adding at the end the following new subsection:
- “(e) Appropriate congressional committees defined—In this section, the term appropriate congressional committees means—
- “(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
- “(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.”
- (b) Congressional briefing— Section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a), as amended by subsection (a) of this section, is further amended—
- (1) by redesignating subsection (e) as subsection (f); and
- (2) by inserting after subsection (d) the following new subsection:
- “(e) Congressional briefing—Not later than May 15 of each year, the President shall provide to such committees a briefing on such report.”
## Sec. 1248 Limitation on funds to provide the Russian Federation with access to certain missile defense technology — added
- None of the funds authorized to be appropriated or otherwise made available for each of the fiscal years 2014 through 2018 for the Department of Defense may be used to provide the Russian Federation with access to information regarding—
- (1) missile defense technology of the United States relating to hit-to-kill technology; or
- (2) telemetry data with respect to missile defense interceptors or target vehicles.
## Sec. 1249 Reports on actions to reduce support of ballistic missile programs of China, Syria, Iran, and North Korea — added
- (a) Disclosure of and report on Russian support of ballistic missile programs of China, Syria, Iran, and North Korea—
- (1) In general— The President shall seek to encourage the Government of the Russian Federation to disclose any support by the Russian Federation or Russian entities for the ballistic missile programs of the People’s Republic of China, Syria, Iran, or North Korea.
- (2) Report required— The President shall submit to the congressional defense committees a semi-annual report on any disclosure by the Government of the Russian Federation of any such support during the preceding six-month period.
- (3) Initial report— The initial report required by paragraph (2) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such support during the preceding six-month period shall also address any such support during the 10-year period ending on the date of the enactment of this Act.
- (b) Cooperation of Russia and China to reduce technology and expertise that supports the ballistic missile programs of Syria, Iran, North Korea, and other countries—
- (1) In general— The Secretary of State, in coordination with the Secretary of Defense, shall develop a plan to seek and secure the cooperation of the Russian Federation and the People’s Republic of China to verifiably reduce the spread of technology and expertise that supports the ballistic missile programs of the Syria, Iran, North Korea, or any other country that the Secretary of State determines has a ballistic missile program.
- (2) Report and briefings required— The Secretary of State, in coordination with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees not later than 180 days after the date of the enactment of this Act a report describing the plan required in paragraph (1) and provide briefings to such committees annually thereafter until 2018 on the progress and results of these efforts.
- (3) Definition— In this subsection, the term “appropriate congressional committees” means—
- (A) the congressional defense committees;
- (B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and
- (C) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
- (c) Form— Each report required by this section shall be submitted in unclassified form, but may contain a classified annex, if necessary.
## Sec. 1250 Congressional notifications relating to status of forces agreements — added
- (a) In general— With respect to an agreement on the status of forces between the United States and a foreign country, the Secretary of Defense, in consultation with the Secretary of State, shall notify the appropriate congressional committees not later than 15 days after the date on which the agreement is signed, renewed, amended or otherwise revised, or terminated.
- (b) Briefings required— Not later than February 1 of each calendar year, the Secretary of Defense, in consultation with the Secretary of State, shall provide a briefing to the appropriate congressional committees on the following:
- (1) Status of forces agreements that the United States will seek to enter into in such calendar year.
- (2) Status of forces agreements that have expired and which the United States will seek to renew in such calendar year.
- (3) Amendments to status of forces agreements that the Secretary of Defense determines to be substantial and are likely to be negotiated in such calendar year.
- (c) Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
- (1) the congressional defense committees; and
- (2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
- (d) Effective date— This section shall take effect on the date of the enactment of this Act and shall apply with respect to an agreement described in subsection (a) that is signed on or after the date of the enactment of this Act.
## Sec. 1251 Sense of Congress on the conflict in Syria — added
- (a) Findings— Congress finds the following:
- (1) The conflict in Syria began in March 2011.
- (2) As of February 2013, the United Nations High Commissioner for Human Rights estimated that approximately 70,000 Syrians have been killed during the conflict.
- (3) 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.
- (4) 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.
- (5) 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.”.
- (6) 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”.
- (7) 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 do believe that any use of chemical weapons in Syria would very likely have originated with the Assad 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”.
- (8) 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”.
- (9) 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.”.
- (10) 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.
- (11) 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.
- (12) 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.”.
- (b) Sense of congress— It is the sense of Congress that—
- (1) President Obama should have a comprehensive policy and should ensure robust contingency planning to secure United States’ interests in Syria;
- (2) President Obama should fully consider all courses of action to remove President Bashar al-Assad from power;
- (3) the conflict in Syria threatens the vital national security interests of Israel, which should be sufficiently weighed by the President when considering policy approaches towards the conflict in Syria;
- (4) 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;
- (5) 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;
- (6) the United States should have a policy that supports the stability of countries on Syria’s border, including Jordan, Turkey, Iraq, Lebanon, and Israel;
- (7) the United States should continue to support Syrian opposition forces with non-lethal aid;
- (8) 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;
- (9) 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
- (10) should the President decide to employ any military assets in Syria, the President should provide a supplemental budget request to Congress.
## Sec. 1252 Revision of statutory references to former NATO support organizations and related NATO agreements — added
- (a) Title 10, united states code— Section 2350d of title 10, United States Code, is amended—
- (1) by striking “NATO Maintenance and Supply Organization” each place it appears and inserting “NATO Support Organization and its executive agencies”;
- (2) in subsection (a)(1)—
- (A) by striking “Weapon System Partnership Agreements” and inserting “Support Partnership Agreements”; and
- (B) in subparagraph (B), by striking “a specific weapon system” and inserting “activities”; and
- (3) in subsections (b), (c), (d), and (e), by striking “Weapon System Partnership Agreement” each place it appears and inserting “Support Partnership Agreement”.
- (b) Arms export control act— Section 21(e)(3) of the Arms Export Control Act (22 U.S.C. 2761(e)(3)) is amended—
- (1) in subparagraphs (A) and (C)(i), by striking “Maintenance and Supply Agency of the North Atlantic Treaty Organization” and inserting “North Atlantic Treaty Organization (NATO) Support Organization and its executive agencies”;
- (2) in subparagraph (A)(i), by striking “weapon system partnership agreement” and inserting “support partnership agreement”; and
- (3) in subparagraph (C)(i)(II), by striking “a specific weapon system” and inserting “activities”.
## Sec. 1253 Limitation on funds to implement executive agreements relating to United States missile defense capabilities — added
- (a) Statement of policy— Congress reaffirms, with respect to executive agreements relating to the missile defense capabilities of the United States, including basing, locations, capabilities and numbers of missiles with respect to such missile defense capabilities, that section 303(b) of the Arms Control and Disarmament Act (22 U.S.C. 2573(b)) provides the following: “No action shall be taken pursuant to this or any other Act that would obligate the United States to reduce or limit the Armed Forces or armaments of the United States in a militarily significant manner, except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause 2 of the Constitution or unless authorized by the enactment of further affirmative legislation by the Congress of the United States.”.
- (b) Limitation on funds— None of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be used—
- (1) to implement any executive agreement relating to the missile defense capabilities of the United States, including basing, locations, capabilities, and numbers of missiles with respect to such missile defense capabilities; or
- (2) to implement rules of engagement or Guidance for Employment of Force relating to such executive agreement.
- (c) Rule of construction— Subsection (b) shall not apply with respect to the use of funds to negotiate or implement any executive agreement with a country with respect to which the United States has entered into a treaty of alliance or has a security guarantee.
- (d) Executive agreement defined— In this section, the term “executive agreement” means an international agreement other than—
- (1) an agreement that is in the form of a treaty under article II, section 2, clause 2 of the Constitution of the United States; or
- (2) an agreement that requires implementing legislation to be enacted into law for the agreement to enter into force with respect to the United States.
## Sec. 1254 Limitation on availability of funds for Threat Reduction Engagement activities and United States contributions to the Comprehensive Nuclear-Test-Ban Treaty Organization — added
- (a) In general— None of the funds made available for fiscal year 2014 for Threat Reduction Engagement activities may be obligated or expended for such purposes until the President certifies to Congress that no state party to the Comprehensive Nuclear-Test-Ban Treaty has undertaken nuclear weapons test activities in fiscal year 2013 that are inconsistent with United States interpretations regarding obligations under such Treaty.
- (b) Lobbying or advocacy activities— None of the funds made available for fiscal year 2014 for contributions of the United States to the CTBTO entities may be used for lobbying or advocacy in the United States relating to the Comprehensive Nuclear-Test-Ban Treaty.
- (c) CTBTO entities— In subsection (b), the term “CTBTO entities” means—
- (1) the Comprehensive Nuclear-Test-Ban Treaty Organization International Monitoring System; and
- (2) the Comprehensive Nuclear-Test-Ban Treaty Organization Preparatory Commission-Special Contributions.
## Sec. 1255 Sense of Congress on military-to-military cooperation between the United States and Burma — added
- It is the sense of the Congress that—
- (1) as the United States policy rebalances towards Asia, it is critical that the United States military comprehensively evaluate its engagement with Burma;
- (2) the future of the military-to-military relationship between the United States and Burma should take into account the current ethnic conflict in Burma and persecution of ethnic and religious minorities;
- (3) while the United States has national security interests in Burma’s peace and stability, the peaceful settlement of armed conflicts with the ethnic minority groups requires the Burmese military to respect ceasefire agreements, laws of war, and human rights provisions; and
- (4) the Department of Defense should fully consider and assess the Burmese military’s efforts to implement reforms, end impunity for human rights abuses, and increase transparency and accountability before expanding military-to-military cooperation beyond initial dialogue and isolated engagements.
## Sec. 1256 Sense of Congress on the stationing of United States forces in Europe — added
- (a) Findings— Congress finds the following:
- (1) During the past several years, over 700 kinetic terror incidents have occurred in the U.S. European Command (EUCOM) area of operations. Rising tensions in the region due to unemployment, fiscal insolvency, ethnic strife, hegemonic desires, and terrorism, pose risks to the security and stability of Europe.
- (2) Arab Spring uprisings in Middle Eastern and North African countries, including the Republic of Mali, the Arab Republic of Egypt, Libya, and the Syrian Arab Republic (Syria), have presented emerging strategic challenges that present significant implications for regional stability, the security of the State of Israel (Israel), and the national security interests of the United States and many European allies.
- (3) U.S. Africa Command does not have formally assigned Army or Marine Corps units assigned to it and it continues to share Air Force and Navy component commands with EUCOM. Consequently, United States forces stationed in Europe have been deployed to support contingencies associated with the Arab Spring in North Africa.
- (4) The Commander of U.S. European Command is responsible for developing operational plans for the defense of Israel. Moreover, forces stationed in Europe would be deployed to defend Israel in the event of such a contingency.
- (5) Regimes, including the Islamic Republic of Iran and Syria, continue efforts to procure, develop, and proliferate advanced ballistic missile technologies that pose a serious threat to United States forces and installations in the theater, as well as to the territory, populations, and forces of Israel and European allies. United States missile defense capabilities in Europe seek to mitigate these threats.
- (6) Violent extremist organizations, including Kongra-Gel, al Qaida, Lebanese Hizballah, and Iranian Qods Force, may utilize Europe as an important venue for recruitment, logistical support, financing, and the targeting of the United States and Western interests.
- (7) Congress has lacked sufficient data to compare the strategic benefits and the costs associated with permanently stationing forces in Europe. The Government Accountability Office (GAO) has found that the combatant commands do not completely and consistently report cost data in their theater posture plans. In particular, GAO reported in February 2011 that EUCOM lacks comprehensive cost data in its theater posture plans and therefore decision makers lack critical information that could be used to make fully informed posture decisions. Additionally, in June 2012, GAO found that the Department of Defense has taken steps to align posture initiatives with strategy and cost, but continues to lack comprehensive and consistent cost estimates of initiatives.
- (8) The Department of Defense has reported that the cost of permanently stationing forces in the United States rather than overseas is often offset by such factors as increased rotational costs.
- (b) Sense of Congress— It is the sense of Congress that—
- (1) an enduring United States presence and engagement across Europe and Eurasia provides the critical access and infrastructure necessary to accomplish United States strategic priorities, expand United States global reach to Europe, Eurasia, the Middle East, Africa, as well as the Mediterranean and Atlantic Oceans, and facilitates a rapid United States response for complex contingencies;
- (2) the United States continues to have an interest in supporting the stability and security of Europe, especially in a dynamic and challenging global security environment;
- (3) forward-stationed active duty service members, forward-deployed rotational units, and reserve forces assigned to U.S. European Command remain essential for United States planning, logistics, and operations in support of U.S. Central Command, U.S. Africa Command, U.S. Transportation Command, U.S. Special Operations Command, and U.S. Strategic Command, as well as fulfilling commitments under Article V of the North Atlantic Charter;
- (4) in light of the benefits associated with defense of the homeland forward and strategic access, as well as the potential for rotational deployments to increase cost to the Department of Defense, the Department of Defense should implement the recommendations of the Government Accountability Office with regard to improved cost estimation to enable informed force posture decisions prior to making any further significant changes to the United States force posture in Europe that could increase risk for the United States; and
- (5) the Secretary of Defense should keep Congress fully and currently informed regarding the requirements of the United States force posture in Europe and the costs associated with maintaining such force.
## Sec. 1257 Sense of Congress on military capabilities of the People’s Republic of China — added
- Congress—
- (1) 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;
- (2) 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;
- (3) 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 and the region”;
- (4) 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
- (5) 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 — added
- Nothing in this Act shall be construed as authorizing the use of force against Syria.
## Sec. 1301 Specification of cooperative threat reduction programs and funds
- (a) Specification of cooperative threat reduction programs— For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501 of the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
- (b) Fiscal year 2014 cooperative threat reduction funds defined— As used in this title, the term “fiscal year 2014 Cooperative Threat Reduction funds” means the funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs.
- (c) Availability of funds— Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs shall be available for obligation for fiscal years 2014, 2015, and 2016.
- Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for Defense Working Capital Funds in the amount of $1,545,827,000.
## Sec. 1302 Funding allocations
- (a) Funding for specific purposes— Of the $528,455,000 authorized to be appropriated to the Department of Defense for fiscal year 2014 in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes specified:
- (1) For strategic offensive arms elimination, $5,655,000.
- (2) For chemical weapons destruction, $13,000,000.
- (3) For global nuclear security, $32,793,000.
- (4) For cooperative biological engagement, $293,142,110.
- (5) For proliferation prevention, $149,314,890.
- (6) For threat reduction engagement, $6,375,000.
- (7) For activities designated as Other Assessments/Administrative Costs, $28,175,000.
- (b) Report on obligation or expenditure of funds for other purposes— No fiscal year 2014 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (7) of subsection (a) until 15 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2014 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law.
- (c) Limited authority to vary individual amounts—
- (1) In general— Subject to paragraph (2), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2014 for a purpose listed in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for that purpose.
- (2) Notice-and-wait required— An obligation of funds for a purpose stated in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after—
- (A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and
- (B) 15 days have elapsed following the date of the notification.
- Funds are hereby authorized to be appropriated for fiscal year 2014 for the National Defense Sealift Fund in the amount of $730,700,000.
## Sec. 1303 Extension for use of contributions to the Cooperative Threat Reduction Program
- Funds are hereby authorized to be appropriated for fiscal year 2014 for the Joint Urgent Operational Needs Fund in the amount Section 1303(g) of $98,800,000.the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 22 U.S.C. 5952 note) is amended by striking “2015” and inserting “2018”.
## Sec. 1304 Chemical agents and munitions destruction, defense — removed
- (a) Authorization of appropriations— Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $1,057,123,000, of which—
- (1) $451,572,000 is for Operation and Maintenance;
- (2) $604,183,000 is for Research, Development, Test, and Evaluation; and
- (3) $1,368,000 is for Procurement.
- (b) Use— Amounts authorized to be appropriated under subsection (a) are authorized for—
- (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
- (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
## Sec. 1305 Drug interdiction and counter-drug activities, defense-wide — removed
- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $938,545,000.
## Sec. 1306 Defense Inspector General — removed
- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $312,131,000, of which—
- (1) $311,131,000 is for Operation and Maintenance; and
- (2) $1,000,000 is for Procurement.
## Sec. 1307 Defense health program — removed
- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $33,351,528,000, of which—
- (1) $31,950,734,000 is for Operation and Maintenance;
- (2) $729,613,000 is for Research, Development, Test, and Evaluation; and
- (3) $671,181,000 is for Procurement.
## Sec. 1311 Authority to acquire additional materials for the national defense stockpile — removed
- Section 1411 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1654), is amended—
- (1) by redesignating subsection (c) as subsection (d); and
- (2) by inserting after subsection (b) the following new subsection (c):
- “(c) Acquisition authority
- “(1) Using funds available in the National Defense Stockpile Transaction Fund, the National Defense Stockpile Manager may acquire the following materials determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States:
- “(A) Ferroniobium.
- “(B) Dysprosium Metal.
- “(C) Yttrium Oxide.
- “(2) The National Defense Stockpile Manager may use up to $22,000,000 of the National Stockpile Transaction Fund for acquisition of the materials specified in paragraph (1).
- “(3) The authority under this subsection is available for purchases during fiscal year 2014 through fiscal year 2019.”
## Sec. 1321 Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois — removed
- (a) Authority for transfer of funds— Of the funds authorized to be appropriated for section 507 and available for the Defense Health Program for operation and maintenance, $143,087,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
- (b) Use of transferred funds— For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
## Sec. 1322 Authorization of appropriations for Armed Forces Retirement Home — removed
- There is hereby authorized to be appropriated for fiscal year 2014 from the Armed Forces Retirement Home Trust Fund the sum of $67,800,000 for the operation of the Armed Forces Retirement Home.
## Sec. 1401 Working capital funds — added
- Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.
## Sec. 1402 National defense sealift fund — added
- Funds are hereby authorized to be appropriated for the fiscal year 2014 for the National Defense Sealift Fund, as specified in the funding table in section 4501.
## Sec. 1403 Chemical Agents and Munitions Destruction, Defense — added
- (a) Authorization of appropriations— Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.
- (b) Use— Amounts authorized to be appropriated under subsection (a) are authorized for—
- (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
- (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
## Sec. 1404 Drug interdiction and counter-drug activities, defense-wide — added
- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
## Sec. 1405 Defense Inspector General — added
- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
## Sec. 1406 Defense Health Program — added
- Funds are hereby authorized to be appropriated for fiscal year 2014 for the Defense Health Program, as specified in the funding table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for the health of eligible beneficiaries.
## Sec. 1411 Use of National Defense Stockpile for the conservation of a strategic and critical materials supply — added
- (a) Presidential responsibility for conservation of stockpile materials— Section 98e(a) of title 50, United States Code, is amended—
- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and
- (2) 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;”
- (b) Uses of National Defense Stockpile Transaction Fund— Section 98h(b)(2) of title 50, United States Code, is amended—
- (1) by redesignating subparagraphs (D) through (L) as subparagraphs (E) through (M), respectively; and
- (2) by inserting after subparagraph (C) the following new subparagraph (D):
- “(D) Encouraging the conservation of strategic and critical materials.”
- (c) Development of domestic sources— Section 98h-6(a) of title 50, United States Code, is amended, in the matter preceding paragraph (1), by inserting “and conservation” after “development”.
## Sec. 1412 Authority to acquire additional materials for the National Defense Stockpile — added
- (a) Acquisition authority— Using funds available in the National Defense Stockpile Transaction Fund, the National Defense Stockpile Manager may acquire the following materials determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States:
- (1) Ferroniobium.
- (2) Dysprosium Metal.
- (3) Yttrium Oxide.
- (4) Cadmium Zinc Tellurium Substrate Materials.
- (5) Lithium Ion Precursors.
- (6) Triamino-Trinitrobenzene and Insensitive High Explosive Molding Powders.
- (b) Amount of authority— The National Defense Stockpile Manager may use up to $41,000,000 of the National Stockpile Transaction Fund for acquisition of the materials specified in subsection (a).
- (c) Fiscal year limitation— The authority under this section is available for purchases during fiscal year 2014 through fiscal year 2019.
## Sec. 1421 Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois — added
- (a) Authority for transfer of funds— Of the funds authorized to be appropriated for section 507 and available for the Defense Health Program for operation and maintenance, $143,087,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
- (b) Use of transferred funds— For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
## Sec. 1422 Authorization of appropriations for Armed Forces Retirement Home — added
- There is hereby authorized to be appropriated for fiscal year 2014 from the Armed Forces Retirement Home Trust Fund the sum of $67,800,000 for the operation of the Armed Forces Retirement Home.
## Sec. 1423 Cemeterial expenses — added
- Funds are hereby authorized to be appropriated for the Department of the Army for fiscal year 2014 for cemeterial expenses, not otherwise provided for, in the amount of $45,800,000.
## Sec. 1501 Purpose — added
- The purpose of this subtitle is to authorize appropriations for the Department of Defense for fiscal year 2014 to provide additional funds for overseas contingency operations being carried out by the Armed Forces.
## Sec. 1502 Procurement — added
- Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102.
## Sec. 1503 Research, development, test, and evaluation — added
- Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4202.
## Sec. 1504 Operation and maintenance — added
- Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4302.
## Sec. 1505 Military personnel — added
- Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4402.
## Sec. 1506 Working capital funds — added
- Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4502.
## Sec. 1507 Drug Interdiction and Counter-Drug Activities, Defense-wide — added
- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502.
## Sec. 1508 Defense Inspector General — added
- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502.
## Sec. 1509 Defense Health Program — added
- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502.
## Sec. 1521 Treatment as additional authorizations — added
- The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.
## Sec. 1522 Special transfer authority — added
- (a) Authority To Transfer Authorizations—
- (1) Authority— Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2014 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
- (2) Limitation— The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $3,000,000,000.
- (b) Terms and Conditions— Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.
- (c) Additional Authority— The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.
## Sec. 1531 Afghanistan Security Forces Fund — added
- (a) Continuation of existing limitations on use of funds in Fund— Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2014 shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), as amended by section 1531(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4424).
- (b) Revision of Plan for Use of Afghanistan Security Forces Fund—
- (1) Revision and Purpose— The Secretary of Defense shall revise the plan required by section 1531(e) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2056) regarding use of the Afghanistan Security Forces Fund through September 30, 2017, to ensure that an office or official of the Department of Defense is identified as responsible for each program or activity supported using funds available to the Department of Defense through the Afghanistan Security Forces Fund.
- (2) Submission— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional committees the plan as revised pursuant to paragraph (1).
- (c) Promotion of recruitment and retention of women— Of the funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2014, no less than $47,300,000 shall be used for the recruitment and retention of women in the Afghanistan National Security Forces. This requirement does not modify the distribution of funds for programs and activities supported using the Afghanistan Security Forces Fund, but will ensure attention to recruitment and retention of women within each program and activity.
## Sec. 1532 Future role of Joint Improvised Explosive Device Defeat Organization — added
- (a) Report required— 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 on the future plans of the Department of Defense for the Joint Improvised Explosive Device Defeat Organization (JIEDDO).
- (b) Required elements— The report required by subsection (a) shall include the following elements:
- (1) An analysis of alternatives considered in determining the future plans for JIEDDO.
- (2) If the Secretary of Defense plans to discontinue JIEDDO—
- (A) a description of how JIEDDO’s major programs and capabilities will be integrated into other components within the Department of Defense or discontinued; and
- (B) a statement of the estimated costs to other components of the Department for any JIEDDO programs and capabilities that are reassigned to such components.
- (3) If the Secretary of Defense plans to continue JIEDDO—
- (A) a statement of the expected mission of JIEDDO;
- (B) a description of the expected organizational structure for JIEDDO, including the reporting structure and lines of authority within the Department and personnel strength, including contractors; and
- (C) a statement of the estimated costs and budgetary impacts related to implementing any changes to the mission of JIEDDO and its organizational structure.
- (4) A timeline for implementation of the selected alternative described in paragraph (2) or (3).
- (5) A description on how the Department will identify and incorporate lessons learned from establishing and managing JIEDDO and its programs.
## Sec. 1533 Limitation on intelligence, surveillance, and reconnaissance support for Operation Observant Compass — added
- None of the amounts authorized to be appropriated for operation and maintenance by section 1504, as specified in the funding table in section 4302, may be obligated or expended for intelligence, surveillance, and reconnaissance support for Operation Observant Compass until the Secretary of Defense submits to the congressional defense committees a report on Operation Observant Compass, including the specific goals of the campaign to counter the Lord Resistance Army, the precise metrics used to measure progress in such campaign, and the required steps that will be taken to transition such campaign if it is determined that it is no longer necessary for the United States to support the mission of such campaign.
## Sec. 1534 Report on United States force levels and costs of military operations in Afghanistan — added
- Not later than January 15, 2014, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the following:
- (1) The estimated United States force levels in Afghanistan for each of years 2015 through 2020.
- (2) The estimated costs of United States military operations in Afghanistan for each of fiscal years 2015 through 2020.
## Sec. 1601 Periodic audits of contracting compliance by Inspector General of Department of Defense — added
- (a) 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.
- (b) 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).
## Sec. 1602 Expansion of the procurement technical assistance program to advance small business growth — added
- (a) Advancing small business growth—
- (1) In general— Chapter 142 of title 10, United States Code, is amended—
- (A) by redesignating section 2419 as section 2420; and
- (B) by inserting after section 2418 the following new section 2419:
- “2419. Advancing small business growth
- “(a) Identification of recommended business capabilities and characteristics
- “(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall publish in the Federal Register and on the website of the Office of Small Business Programs of the Department of Defense a list of capabilities and characteristics recommended for the successful transition of a qualified small business concern to become competitive as an other-than-small business for contracts awarded by the Department of Defense. The capabilities and characteristics on the list shall be set forth by North American Industry Classification System sector.
- “(2) The list shall be reviewed and updated appropriately on an annual basis.
- “(b) Contract clause required
- “(1) The Under Secretary shall require the clause described in paragraph (2) to be included in each covered contract awarded by the Department of Defense.
- “(2) The clause described in this paragraph is a clause that—
- “(A) requires the contractor to acknowledge that acceptance of the contract may cause the business to exceed the applicable small business size standards (established pursuant to section 3(a) of the Small Business Act) for the industry concerned and that the contractor may no longer qualify as a small business concern for that industry; and
- “(B) encourages the contractor to develop capabilities and characteristics identified in the list required by subsection (a) if the contractor intends to remain competitive as an other-than-small business in that industry.
- “(c) Assistance for advancing certain small businesses—Eligible small businesses may be provided specific assistance with developing the capabilities and characteristics identified in the list required by subsection (a), as part of any procurement technical assistance furnished pursuant to this chapter.
- “(d) Definitions—In this section:
- “(1) The term “covered contract” means a contract—
- “(A) awarded to a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act; and
- “(B) with an estimated annual value—
- “(i) that will exceed the applicable receipt-based small business size standard; or
- “(ii) if the contract is in an industry with an employee-based size standard, that will exceed $70,000,000.
- “(2) The term “eligible small business” means a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act that has entered into a contract with the Department of Defense that includes a contract clause described in subsection (b)(2).”
- (2) Clerical amendment— The table of sections as the beginning of such chapter is amended by striking the item relating to section 2419 and inserting the following:
- (b) Exception to limitation on funding— Section 2414 of such title is amended—
- (1) in subsection (a), by striking “The value” and inserting “Except as provided in subsection (c), the value”; and
- (2) by adding at the end the following new subsection (c):
- “(c) Exception—The value of the assistance provided in accordance with section 2419(c) of this title is not subject to the limitations in subsection (a).”
- (c) Revisions to cooperative agreements—
- (1) Full funding allowed for certain assistance— Section 2413(b) of such title is amended—
- (A) by striking “except that in the case” and inserting:
- “(1) in the case”
- (B) by striking the period at the end and inserting “; and”; and
- (C) by adding at the end the following new paragraph:
- “(2) in the case of a program sponsored by such an entity that provides specific assistance for eligible small businesses pursuant to section 2419(c) of this title, the Secretary may agree to furnish the full cost of such assistance.”
- (2) Additional considerations— Section 2413 of such title is further amended by adding at the end the following new subsection:
- “(e) In determining the level of funding to provide under an agreement under subsection (b), the Secretary shall consider the forecast by the eligible entity of demand for procurement technical assistance, and, in the case of an established program under this chapter, the outlays and receipts of such program during prior years of operation.”
- (3) Conforming amendment— Section 2413(d) of such title is amended by striking “and in determining the level of funding to provide under an agreement under subsection (b),”.
- (d) Report required— Not later than March 15 of 2015, 2016, and 2017, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of the amendments made by this section, along with any recommendations for improving the Procurement Technical Assistance Cooperative Agreement Program.
## Sec. 1603 Amendments relating to Procurement Technical Assistance Cooperative Agreement Program — added
- (a) Increase in Government share— Section 2413(b) of title 10, United States Code, is amended—
- (1) by striking “one-half” both places it appears and inserting “65 percent”; and
- (2) by striking “three-fourths” and inserting “75 percent”.
- (b) Increase in limitations on value of assistance— Section 2414(a) of such title is amended—
- (1) in paragraphs (1) and (4), by striking “$600,000” and inserting “$750,000”;
- (2) in paragraph (2), by striking “$300,000” and inserting “$450,000”; and
- (3) in paragraph (3), by striking “$150,000” and inserting “$300,000”.
## Sec. 1604 Strategic plan for requirements for war reserve stocks of meals ready-to-eat — added
- (a) Limitation; strategic plan— The Administrator of the Defense Logistics Agency may not make any reductions in the requirements for war reserve stocks of meals ready-to-eat until the Administrator and the heads of the military services, in consultation with manufacturers of meals ready-to-eat, develop a comprehensive strategic plan to address—
- (1) the aggregate meals ready-to-eat requirements for each of the military departments;
- (2) industrial base sustainment and war-time surge capacity requirements for meals ready-to-eat; and
- (3) timely rotation of the war reserves of meals-ready-to-eat.
- (b) Briefing required— The Administrator shall brief the congressional defense committees on the strategic plan developed under subsection (a) before making any reductions in the requirements for war reserve stocks of meals ready-to-eat.
## Sec. 1605 Foreign commercial satellite services — added
- (a) In general— Chapter 135 of title 10, United States Code, as amended by section 911(b) of this Act, is further amended by adding at the end the following new section:
- “2279. Foreign commercial satellite services
- “(a) Prohibition—The Secretary of Defense may not enter into a contract for satellite services with a foreign entity if—
- “(1) the foreign entity is an entity in which the government of a covered foreign country has an ownership interest; or
- “(2) the foreign entity plans to or is expected to provide launch or other satellite services under the contract from a covered foreign country.
- “(b) Waiver—The Secretary of Defense may waive subsection (a) for a particular contract if the Secretary, in consultation with the Director of National Intelligence, submits to the congressional defense committees a national security assessment for such contract that includes the following:
- “(1) The projected period of performance (including any period covered by options to extend the contract), the financial terms, and a description of the services to be provided under the contract.
- “(2) To the extent practicable, a description of the ownership interest that a covered foreign country has in the foreign entity providing satellite services to the Department of Defense under the contract and the launch or other satellite services that will be provided in a covered foreign country under the contract.
- “(3) A justification for entering into a contract with such foreign entity and a description of the actions necessary to eliminate the need to enter into such a contract with such foreign entity in the future.
- “(4) A risk assessment of entering into a contract with such foreign entity, including an assessment of mission assurance and security of information and a description of any measures necessary to mitigate risks found by such risk assessment.
- “(c) Delegation of waiver authority—The Secretary of Defense may only delegate the authority under subsection (b) to waive subsection (a) to the Deputy Secretary of Defense, the Under Secretary of Defense for Policy, or the Under Secretary of Defense for Acquisition, Technology, and Logistics and such authority may not be further delegated.
- “(d) Form of waiver assessments—Each assessment under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
- “(e) Covered foreign country defined—In this section, the term “covered foreign country” means a country described in section 1261(c)(2) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2019).”
- (b) Table of sections amendment— The table of sections at the beginning of such chapter, as amended by section 911(c) of this Act, is further amended by adding at the end the following item:
## Sec. 1606 Proof of Concept Commercialization Pilot Program — added
- (a) Pilot Program— The Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering, shall establish and implement a pilot program, to be known as the “Proof of Concept Commercialization Pilot Program”, in accordance with this section.
- (b) Purpose— The purpose of the pilot program is to accelerate the commercialization of basic research innovations from qualifying institutions.
- (c) Awards—
- (1) In general— Under the pilot program, the Secretary shall make financial awards to qualifying institutions in accordance with this subsection.
- (2) Competitive, merit-based process— An award under the pilot program shall be made using a competitive, merit-based process.
- (3) Eligibility— A qualifying institution shall be eligible for an award under the pilot program if the institution agrees to—
- (A) use funds from the award for the uses specified in paragraph (5); and
- (B) oversee the use of the funds through—
- (i) a rigorous, diverse review board comprised of experts in translational and proof of concept research, including industry, start-up, venture capital, technical, financial, and business experts and university technology transfer officials;
- (ii) technology validation milestones focused on market feasibility;
- (iii) simple reporting on program progress; and
- (iv) a process to reallocate funding from poor performing projects to those with more potential.
- (4) Criteria— An award may be made under the pilot program to a qualifying institution in accordance with the following criteria:
- (A) The extent to which a qualifying institution—
- (i) has an established and proven technology transfer or commercialization office and has a plan for engaging that office in the program’s implementation or has outlined an innovative approach to technology transfer that has the potential to increase or accelerate technology transfer outcomes and can be adopted by other qualifying institutions;
- (ii) can assemble a project management board comprised of industry, start-up, venture capital, technical, financial, and business experts;
- (iii) has an intellectual property rights strategy or office; and
- (iv) demonstrates a plan for sustainability beyond the duration of the funding from the award.
- (B) Such other criteria as the Secretary determines necessary.
- (5) Use of award—
- (A) In general— Subject to subparagraph (B), the funds from an award may be used to evaluate the commercial potential of existing discoveries, including activities that contribute to determining a project’s commercialization path, including technical validations, market research, clarifying intellectual property rights, and investigating commercial and business opportunities.
- (B) Limitations—
- (i) The amount of an award may not exceed $500,000 a year.
- (ii) Funds from an award may not be used for basic research, or to fund the acquisition of research equipment or supplies unrelated to commercialization activities.
- (d) Report— Not later than one year after the establishment of the pilot program, the Secretary shall submit to the congressional defense committees and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report evaluating the effectiveness of the activities of the pilot program. The report shall include—
- (1) a detailed description of the pilot program, including incentives and activities undertaken by review board experts;
- (2) an accounting of the funds used in the pilot program;
- (3) a detailed description of the institutional selection process;
- (4) a detailed compilation of results achieved by the pilot program; and
- (5) an analysis of the program’s effectiveness, with data supporting the analysis.
- (e) Qualifying institution defined— In this section, the term “qualifying institution” means a nonprofit institution, as defined in section 4(3) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(3)), or a Federal laboratory, as defined in section 4(4) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(4)).
- (f) Termination— The pilot program conducted under this section shall terminate on September 30, 2018.
## Sec. 2002 Expiration of authorizations and amounts required to be specified by law
- (a) Expiration of authorizations after three years— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII and title XXIX of this division for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
- (1) October 1, 2016; or
- (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2017.
- (b) Exception— Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
- (1) October 1, 2016; or
- (2) the date of the enactment of an Act authorizing funds for fiscal year 2017 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
## Sec. 2003 Effective date — added
- Titles XXI through XXVII and title XXIX shall take effect on the later of—
- (1) October 1, 2013; or
- (2) the date of the enactment of this Act.
## Sec. 2101 Authorized Army construction and land acquisition projects
- (a) Inside the United States—united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(1), 2103 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
- (b) Outside the United States—united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(2), 2103 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out the military construction projects project for the installations installation or locations location outside the United States, and in the amounts, amount, set forth in the following table:
- (c) Unspecified worldwide— Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military construction projects at unspecified worldwide locations as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table:
## Sec. 2102 Family housing
- (a) Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), 2103 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
- (a) Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), 2103 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,408,000.
## Sec. 2103 Authorization of appropriations, Army
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the total amount of $1,676,754,000 as follows:funding table in section 4601.
- (1) For military construction projects inside the United States authorized by section 2101(a), $882,300,000.
- (2) For military construction projects outside the United States authorized by section 2101(b), $96,000,000.
- (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $25,000,000.
- (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $74,575,000.
- (5) For military family housing functions:
- (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $44,008,000.
- (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $512,871,000.
- (6) For the construction of increment 2 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119), $42,000,000.
## Sec. 2104 Additional authority to carry out certain fiscal year 2004 project
- (a) Project authorization— In connection with the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of a Research and Development Loading Facility, the Secretary of the Army may carry out a military construction project in the amount of $4,500,000 to complete work on the facility within the initial scope of the project.
- (b) Use of unobligated prior-year army military construction funds— For the project described in subsection (a), the Secretary of the Army shall use unobligated Army military construction funds that were appropriated for a fiscal year before fiscal year 2014 and are available because of savings resulting from favorable bids.
- (c) Congressional notification— The Secretary of the Army shall provide information in accordance with section 2851(c) of title 10, United States Code, regarding the project described in subsection (a). If it becomes necessary to exceed the estimated project cost, the Secretary shall utilize the authority provided by section 2853 of such title regarding authorized cost and scope of work variations.
- In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of an Explosives Research and Development Loading Facility at the installation, the Secretary of the Army may use available unobligated balances of amounts appropriated for military construction for the Army to complete work on the project within the scope specified for the project in the justification data provided to Congress as part of the request for authorization of the project.
## Sec. 2105 Modification of authority to carry out certain fiscal year 2010 project
- In the case of the authorization contained in the table in section 2101(a) 2101(b) of the Military Construction Authorization Act for Fiscal Year 2011 2010 (division B of Public Law 111–383; 124 111–84; 123 Stat. 4437) 2629) for Fort Lewis, Washington, Camp Arifjan, Kuwait, for construction of a Regional Logistic Support Complex at the installation, APS Warehouses, the Secretary of the Army may construct up to 98,381 74,976 square yards meters of Organizational Vehicle Parking.hardstand parking, 22,741 square meters of access roads, a 6 megawatt power plant, and 50,724 square meters of humidity-controlled warehouses.
## Sec. 2106 Modification of authority to carry out certain fiscal year 2011 project
- In the case of the authorization contained in the table in section 2101(b) 2101(a) of the Military Construction National Defense Authorization Act for Fiscal Year 2010 2011 (division B of Public Law 111–84; 123 111–383; 124 Stat. 2629) 4437) for Camp Arifjan, Kuwait, Joint Base Lewis-McCord, Washington, for construction of APS Warehouses at the camp, a Regional Logistics Support Complex, the Secretary of the Army may construct up to 74,976 square meters of hardstand parking, 22,741 square meters of access roads, a 6 megawatt power plant, and 50,724 98,381 square meters yards of humidity-controlled warehouses.Organizational Vehicle Parking.
## Sec. 2107 Extension of authorizations of certain fiscal year 2010 projects
- (a) Extensions— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2627), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (123 (126 Stat. 2628), 2628) and extended by section 2106 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2121), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.later:
- (b) Table— The table referred to in subsection (a) is as follows:
## Sec. 2108 Extension of authorizations of certain fiscal year 2011 projects
- (a) Extensions— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (124 Stat. 4437), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.later:
- (b) Table— The table referred to in subsection (a) is as follows:
## Sec. 2201 Authorized Navy construction and land acquisition projects
- (a) Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1), 2204 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
- (b) Outside the United States—united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2), 2204 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:
## Sec. 2202 Family housing
- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), 2204 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,438,000.
## Sec. 2203 Improvements to military family housing units
- Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), 2204 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $68,969,000.
## Sec. 2204 Authorization of appropriations, Navy
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Navy Navy, as specified in the total amount of $2,163,520,000, as follows:funding table in section 4601.
- (1) For military construction projects inside the United States authorized by section 2201(a), $1,205,054,000.
- (2) For military construction projects outside the United States authorized by section 2201(b), $360,765,000.
- (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $19,740,000.
- (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $89,830,000.
- (5) For military family housing functions:
- (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $73,407,000.
- (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $389,844,000.
- (6) For the construction of increment 3 of the Explosives Handling Wharf No. 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), as amended by section 2205 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2124) $24,880,000.
## Sec. 2205 Limitation on project authorization to carry out certain fiscal year 2014 project
- In the case The Secretary of the authorization contained Navy may not obligate or expend any funds authorized in this title for land acquisition related to the table Townsend Bombing Range near Savannah, Georgia, until the Secretary certifies in section 2201(b) of writing to the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4441), for Southwest Asia Bahrain, for construction of Navy Central Command Ammunition Magazines at congressional defense committees that location, the Secretary of has entered into mutually-acceptable agreements with the Navy may construct additional Type C earth covered magazines (to provide a project total governments of eighteen), ten new modular storage magazines, an inert storage facility, a maintenance and ground support equipment facility, concrete pads for portable ready service lockers, Long and associated supporting facilities using appropriations available for the project.McIntosh Counties, Georgia, that—
- (1) include specific arrangements to mitigate any economic hardships to be incurred by the counties as a result of revenue loss caused by the acquisition; or
- (2) affirm that no compensation is required from the Secretary before the acquisition proceeds.
## Sec. 2206 Modification of authority to carry out certain fiscal year 2011 project
- In the case of the authorization contained in the table in section 2201(a) 2201(b) of the Military Construction Authorization Act for Fiscal Year 2012 2011 (division B of Public Law 112–81; 125 111–383; 124 Stat. 1666), 4441) for Kitsap Washington, Southwest Asia, Bahrain, for construction of Explosives Handling Wharf No. 2 at that location, Navy Central Command Ammunition Magazines, the Secretary of the Navy may construct new hardened facilities in lieu of hardening existing structures and may construct additional Type C earth covered magazines (to provide a project total of eighteen), ten new facility to replace the existing Coast Guard Maritime Force Protection Unit modular storage magazines, an inert storage facility, a maintenance and the Naval Undersea Warfare Command unhardened ground support equipment facility, concrete pads for portable ready service lockers, and associated supporting facilities using appropriations available for the project.
## Sec. 2207 Modification of authority to carry out certain fiscal year 2012 project
- In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666) for Kitsap, Washington, for construction of Explosives Handling Wharf No. 2, the Secretary of the Navy may construct new hardened facilities in lieu of hardening existing structures and a new facility to replace the existing Coast Guard Maritime Force Protection Unit and the Naval Undersea Warfare Command unhardened facilities using appropriations available for the project.
- (a) Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
- (b) Table— The table referred to in subsection (a) is as follows:
## Sec. 2208 Extension of authorizations of certain fiscal year 2011 projects
- (a) Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441), shall remain in effect until October 1, 2015, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, 2015, whichever is later.
- (b) Table— The table referred to in subsection (a) is as follows:
## Sec. 2301 Authorized Air Force construction and land acquisition projects
- (a) Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), 2304 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
- (b) Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), 2304 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
## Sec. 2302 Family housing
- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), 2304 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,267,000.
## Sec. 2303 Improvements to military family housing units
- Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), 2304 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $72,093,000.
## Sec. 2304 Authorization of appropriations, Air Force
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Air Force Force, as specified in the total amount of $1,621,531,000, as follows:funding table in section 4601.
- (1) For military construction projects inside the United States authorized by section 2301(a), $705,330,000.
- (2) For military construction projects outside the United States authorized by section 2301(b), $283,481,000.
- (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $20,448,000.
- (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $11,314,000.
- (5) For military family housing functions:
- (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $76,360,000.
- (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $388,598,000.
- (6) For the construction of increment 3 of the United States Strategic Command Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of the Public Law 112–81; 125 Stat. 1670), $136,000,000.
## Sec. 2305 Modification of authority to carry out certain fiscal year 2013 project
- The table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2126) is amended in the item relating to Andersen Air Force Base, Guam, for construction of a hangar by striking “$58,000,000” in the amount column and inserting “$128,000,000”.
- (a) Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
- (b) Table— The table referred to in subsection (a) is as follows:
## Sec. 2306 Limitation on project authorization to carry out certain fiscal year 2014 project — added
- The Secretary of the Air Force may not obligate or expend any funds authorized in this title for the construction of a maintenance facility, a hazardous cargo pad, or an airport storage facility at Saipan, Commonwealth of the Northern Mariana Islands, until the Secretary certifies to Congress that the Secretary will purchase an interest in the real estate associated with these military construction projects.
## Sec. 2307 Extension of authorization of certain fiscal year 2011 project — added
- (a) Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
- (b) Table— The table referred to in subsection (a) is as follows:
## Sec. 2401 Authorized Defense Agencies construction and land acquisition projects
- (a) Inside the United States—united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1), 2403 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
- (b) Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2), 2403 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
- (c) Unspecified classified— Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for military construction projects at unspecified worldwide locations as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table:
## Sec. 2402 Authorized energy conservation projects
- (a) Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for energy conservation projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
- (b) Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for energy conservation projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table:
- Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $150,000,000.
## Sec. 2403 Authorization of appropriations, Defense Agencies
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) departments), as specified in the total amount of $4,042,925,000, as follows:funding table in section 4601.
- (1) For military construction projects inside the United States authorized by section 2401(a), $1,725,089,000.
- (2) For military construction projects outside the United States authorized by section 2401(b), $751,711,000.
- (3) For unspecified minor military construction projects under section 2805 of title 10, United States Code, $43,817,000.
- (4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000.
- (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $237,838,000.
- (6) For energy conservation projects under chapter 173 of title 10, United States Code, $150,000,000.
- (7) For military family housing functions:
- (A) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $55,845,000.
- (B) For credits to the Department of Defense Family Housing Improvement Fund under section 2883 of title 10, United States Code, and the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374), $1,780,000.
- (8) For the construction of increment 8 of the Army Medical Research Institute of Infectious Diseases Stage I at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2457), $13,000,000.
- (9) For the construction of increment 5 of the hospital at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2642), $252,100,000.
- (10) For the construction of increment 3 of the High Performance Computing Center at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1672), as amended by section 2404(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2131), $431,000,000.
- (11) For the construction of increment 3 of the Medical Center Replacement at Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1673), as amended by section 2404(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2131), $151,545,000.
- (12) For the construction of increment 2 of the Ambulatory Care Center at Joint Base Andrews, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1673), $76,200,000.
- (13) For the construction of increment 2 of the NSAW Recapitalize Building #1 at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2127), $58,000,000.
- (14) For the construction of increment 2 of the Aegis Ashore Missile Defense System Complex at Deveselu, Romania, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2128), $85,000,000.
## Sec. 2411 Authorization of appropriations, chemical demilitarization construction, defense-wide
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the military construction of phase XIV of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act and land acquisition for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), chemical demilitarization, as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), section 2414 of specified in the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), and funding table in section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4450), $122,536,000.4601.
## Sec. 2502 Authorization of appropriations, NATO
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2012, 2013, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, 2501 as specified in the amount of $239,700,000.funding table in section 4601.
## Sec. 2601 Authorized Army National Guard construction and land acquisition projects
- Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
- (a) Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
- (b) Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations outside the United States, and in the amounts, set forth in the following table:
## Sec. 2602 Authorized Army Reserve construction and land acquisition projects
- Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
- Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
## Sec. 2603 Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
- Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
- Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
## Sec. 2604 Authorized Air National Guard construction and land acquisition projects
- Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
- Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
## Sec. 2605 Authorized Air Force Reserve construction and land acquisition projects
- Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
- Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
## Sec. 2606 Authorization of appropriations, National Guard and Reserve
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the following amounts:funding table in section 4601.
- (1) For the Department of the Army, for the Army National Guard of the United States, $320,815,000.
- (2) For the Department of the Army, for the Army Reserve, $174,060,000.
- (3) For the Department of the Navy, for the Navy and Marine Corps Reserve, $32,976,000.
- (4) For the Department of the Air Force, for the Air National Guard of the United States, $119,800,000.
- (5) For the Department of the Air Force, for the Air Force Reserve, $45,659,000.
## Sec. 2611 Modification of authority to carry out certain fiscal year 2013 project
- In the case of the authorization contained in the table in section 2603 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2135), 2135) for Fort Des Moines, Iowa, for construction of a Joint Reserve Center at that location, the Secretary of the Navy may, instead of constructing a new facility at Camp Dodge, acquire up to approximately 20 acres to construct a Joint Reserve Center and associated supporting facilities in the greater Des Moines, Iowa Iowa, area using appropriations available amounts appropriated for the project.project pursuant to the authorization of appropriations in section 2606 of such Act (126 Stat. 2136).
## Sec. 2612 Extension of authorizations of certain fiscal year 2011 projects
- (a) Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization authorizations set forth in the table in section subsection (b), as provided in sections 2601, 2602, and 2604 of the Military Construction Authorization that Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 (124 Stat. 4454) for Nashville International Airport, Tennessee, 4452, 4453, 4454), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
- (b) Table— The table referred to in subsection (a) is as follows:
## Sec. 2613 Extension of authorization of certain fiscal year 2011 project — removed
- (a) Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2601 of that Act (124 Stat. 4452), for Camp Santiago, Puerto Rico, shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
- (b) Table— The table referred to in subsection (a) is as follows:
## Sec. 2701 Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account
- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, in Act (as amended by section 2711 of the total amount Military Construction Authorization Act for Fiscal Year 2013 (division B of $451,357,000, Public Law 112–239; 126 Stat. 2140)), as follows:specified in the funding table in section 4601.
- (1) For the Department of the Army, $180,401,000.
- (2) For the Department of the Navy, $144,580,000.
- (3) For the Department of the Air Force, $126,376,000.
## Sec. 2711 Prohibition on conducting additional Base Realignment and Closure (BRAC) round — added
- Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round, and none of the funds appropriated pursuant to the authorization of appropriations contained in this Act may be used to propose, plan for, or execute an additional BRAC round.
## Sec. 2712 Elimination of quarterly certification requirement regarding availability of military health care in National Capital Region — added
- Section 1674(c) of the Wounded Warrior Act (title XVI of Public Law 110–181; 122 Stat. 483) is amended by striking “on a quarterly basis”.
## Sec. 2801 Modification of authority to carry out unspecified minor military construction
- (a) Establishment Increased threshold for application of minor military construction exception threshold—Secretory approval and congressional notification requirements— Subsection (a) (b)(1) of section 2805 of title 10, United States Code, is amended by adding at the end the following new paragraph:striking “$750,000” and inserting “$1,000,000”.
- (b) 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”.
- “(3) For purposes of this section, the minor military construction exception threshold is $4,000,000.”
- (b) Increase in dollar thresholds for certain authorities relating to unspecified minor military construction— Maximum amount for projects to correct deficiencies that are life-, health-, or safety-threatening— Subsection (a)(2) of such section is amended by striking “$3,000,000” in the second sentence and inserting “the minor military construction exception threshold”.
- (2) Maximum amount for general rule for projects for which o&m funds may be used— Subsection (c) of such section is amended by striking “$750,000” and inserting “$1,000,000”.
- (c) Minimum amount for projects subject to secretarial approval and congressional notice-and-Wait—Annual location adjustment of dollar limitations— Subsection (b)(1) of such Such section is further amended by striking “$750,000” and inserting “the amount specified in subsection (c)”.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.”
- (d) Modification and extension of authority for laboratory revitalization projects— Modification— Subsection (d) of such section is amended—
- (A) in paragraph (1)(A), by striking “not more than $2,000,000” and inserting “not more than $4,000,000, notwithstanding subsection (c)”; and
- (B) in paragraph (2), by striking “(2)” and inserting “(2) 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.”.
- (2) Effective date— 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. 2802 Repeal of requirements for local comparability of room patterns and floor areas for military family housing and submission of net floor area information
- (a) Repeal— Section 2826 of title 10, United States Code, is repealed.
- (b) Clerical amendment— The table of sections at the beginning of subchapter II of chapter 169 of such title is amended by striking the item relating to section 2826.
- Section 2805 of title 10, United States Code, is amended by adding at the end the following new subsection:
- “(f) Adjustments for location—The dollar limitations specified in subsections (a) through (d) shall be adjusted to reflect the appropriate area construction cost index for military construction projects published by the Department of Defense. The appropriate cost index shall be the factor published during the prior fiscal year that applies to the location of the project.”
## Sec. 2803 Repeal of separate authority to enter into limited partnerships with private developers of housing — added
- (a) Repeal—
- (1) In general— Section 2837 of title 10, United States Code, is repealed.
- (2) Clerical amendment— The table of sections at the beginning of subchapter II of chapter 169 of such title is amended by striking the item relating to section 2837.
- (b) Effect on existing contracts— The repeal of section 2837 of title 10, United States Code, shall not affect the validity or terms of any contract in connection with a limited partnership under subsection (a) or a collateral incentive agreement under subsection (b) of such section entered into before the date of the enactment of this Act.
- (c) Effect on defense housing investment account— Any unobligated amounts remaining in the Defense Housing Investment Account on the date of the enactment of this Act shall be transferred to the Department of Defense Family Housing Improvement Fund. Amounts transferred shall be merged with amounts in such fund and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund.
## Sec. 2804 Military construction standards to reduce vulnerability of structures to terrorist attack — added
- Section 2859(a)(2) of title 10, United States Code, is amended by striking “develop construction standards designed” and inserting “develop construction standards that, taking into consideration the probability of a terrorist attack, are designed”.
## Sec. 2805 Treatment of payments received for providing utilities and services in connection with use of alternative authority for acquisition and improvement of military housing — added
- (a) Crediting of payments— Section 2872a(c)(2) of title 10, United States Code, is amended by striking “from which the cost of furnishing the utilities or services concerned was paid” and inserting “available to the Secretary concerned to furnish utilities or services under subsection (a)”.
- (b) Application of amendment— The amendment made by subsection (a) shall apply only with respect to cash payments received under subsection (c)(1) of section 2872a of title 10, United States Code, as reimbursement for utilities or services furnished, after the date of the enactment of this Act, under subsection (a) of such section.
## Sec. 2806 Repeal of advance notification requirement for use of military housing investment authority — added
- Section 2875 of title 10, United States Code, is amended by striking subsection (e).
## Sec. 2807 Additional element for annual report on military housing privatization projects — added
- Section 2884(c)(3) of title 10, United States Code, is amended by inserting before the period at the end the following: “, to specifically include any variances associated with litigation costs”.
## Sec. 2808 Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States — added
- Section 2808(h) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2804 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2149), is further amended—
- (1) in paragraph (1), by striking “September 30, 2013” and inserting “September 30, 2014”; and
- (2) in paragraph (2), by striking “fiscal year 2014” and inserting “fiscal year 2015”.
## Sec. 2811 Codification of policies and requirements regarding closure and realignment of United States military installations in foreign countries
- (a) Authority—Redesignation of existing reporting requirement— Subsection (e)(1)(C) of section 2667 Section 2687a of title 10, United States Code, is amended by adding at the end the following new clause:amended—
- (1) by redesignating paragraphs (1) and (2) of subsection (a) as subparagraphs (A) and (B), respectively;
- (2) by redesignating paragraphs (1), (2), and (3) of subsection (b) as subparagraphs (A), (B), and (C), respectively, and in subparagraph (A), as redesignated, by striking “subsection (a)(2)” and inserting “paragraph (1)(B)”;
- (3) by striking “(b) Report elements.—A report under subsection (a)” and inserting “(2) A report under paragraph (1)”; and
- (4) by striking “(a) Annual status report.—”and inserting “(b) Annual report on status of overseas closures and realignments and master plans.—(1)”.
- (b) Transfer of provisions—
- (1) Sense of congress— Subsection (a) of section 2921 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2687 note)—
- (A) is transferred to section 2687a of title 10, United States Code; and
- (B) is inserted after the heading of such section as subsection (a).
- “(vi) Amounts as the Secretary considers necessary to cover program expenses incurred by the Secretary under this section and for easements under section 2668 of this title.”
- (b) Program expenses defined— Subsection (i) of such section is amended—
- (2) Other provisions— by redesignating paragraph (4) as paragraph (5); andSubsections (c), (d), (f), and (g) of such section 2921—
- (A) are transferred to section 2687a of title 10, United States Code;
- (B) are inserted at the end of such section in that order; and
- (C) are redesignated as subsections (c), (d), (e), and (f) of such section; respectively.
- (3) Definitions— Section 2687a of title 10, United States Code, is further amended by inserting adding after subsection (f), as added and redesignated by paragraph (3) (2), the following new paragraph (4):subsection:
- “(4) The term “program expenses” includes expenses related to developing, assessing, negotiating, executing, and managing lease and easement transactions, but does not include Government personnel costs.”“(g) Definitions—In this section:
- “(1) The term “fair market value of the improvements” means the value of improvements determined by the Secretary of Defense on the basis of their highest use.
- “(2) The term “improvements” includes new construction of facilities and all additions, improvements, modifications, or renovations made to existing facilities or to real property, without regard to whether they were carried out with appropriated or nonappropriated funds.”
- (c) Conforming amendments— Section 2687a of title 10, United States Code, is further amended—
- (1) in subsection (c), as transferred and redesignated by subsection (b)(2)—
- (A) in paragraph (1)—
- (i) by striking “Establishment of”;
- (ii) by striking the first sentence; and
- (iii) in the second sentence, by striking “such account” and inserting “the Department of Defense Overseas Military Facility Investment Recovery Account”; and
- (B) in paragraph (2)(B), by striking “Armed Forces” and inserting “armed forces”;
- (2) in subsection (d), as transferred and redesignated by subsection (b)(2)—
- (A) in paragraph (1), by inserting “(Public Law 100–526; 10 U.S.C. 2687 note)” after “Realignment Act”; and
- (B) in paragraph (2)—
- (i) in subparagraph (A)(i), by striking “section 2685 of title 10, United States Code” and inserting “section 2685 of this title”; and
- (ii) in paragraph (2), by striking “Armed Forces” both places it appears and inserting “armed forces”; and
- (3) in subsection (f), as transferred and redesignated by subsection (b)(2), by striking “section 480 of title 10, United States Code” in paragraph (3) and inserting “section 480 of this title 10”.
- (d) Repeal of superseded provisions—
- (1) Repeal— Section 2921 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2687 note) is repealed.
- (2) Treatment of special account— The repeal of such section shall not affect the Department of Defense Overseas Military Facility Investment Recovery Account established by subsection (c)(1) of such section, amounts in such account, or the continued use of such account as provided in section 2687a of title 10, United States Code, as amended by this section.
## Sec. 2812 Application of cash payments received for utilities and services — removed
- Section 2872a(c)(2) of title 10, United States Code, is amended by striking “from which the cost of furnishing the utilities or services concerned was paid” and inserting “currently available for the purpose of furnishing utilities or services under subsection (a)”.
## Sec. 2813 Acquisition of real property at Naval Base Ventura County, California — removed
- (a) Authority— The Secretary of the Navy may acquire all right, title, and interest to property and improvements at Naval Base Ventura County, California, constructed pursuant to section 801 of Public Law 98–115.
- (b) Use— Upon acquiring the real property under subsection (a), the Secretary may use the improvements as provided in sections 2835 and 2835a of title 10, United States Code.
## Sec. 2821 Continuation of limitation on use of funds for Leadership in Energy and Environmental Design (LEED) gold or platinum certification
- Section 2830(b)(1) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1695), as amended by section 2823(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2153), is amended by striking “or 2013” and inserting “, 2013, or 2014”.
- (a) Military land withdrawals and creation of new chapter— Subtitle A of title 10, United States Code, is amended by inserting after chapter 173 the following new chapter:
- “174 Land Withdrawals
- “I General Provisions
- “2931. General applicability; definition
- “(a) Applicability of subchapter—The provisions of this subchapter apply to any withdrawal made by this chapter.
- “(b) Rules of construction
- “(1) Except as may be provided pursuant to section 2944 of this title, nothing in this chapter shall be construed as assigning management of real property under the administrative jurisdiction of the Secretary concerned to the Secretary of the Interior.
- “(2) The terms “manage” and “management”, when used in reference to lands withdrawn and reserved by this chapter, include the authority to exercise jurisdiction, custody, and control over those lands in accordance with this title, except that those terms do not include authority for land disposal.
- “(c) Definition—In this chapter, the term “Indian tribe” has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
- “2932. Maps and legal descriptions
- “(a) Preparation of maps and legal descriptions—As soon as practicable after the date of the enactment of a subchapter of this chapter, the Secretary of the Interior shall—
- “(1) publish in the Federal Register a notice containing the legal description of the lands withdrawn and reserved by such subchapter; and
- “(2) file a map or maps and legal description of the lands withdrawn and reserved by such subchapter with the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives.
- “(b) Legal effect—Such maps and legal descriptions shall have the same force and effect as if they were included in this chapter, except that the Secretary of the Interior may correct clerical and typographical errors in such maps and legal descriptions.
- “(c) Availability—Copies of such maps and legal descriptions shall be available for public inspection—
- “(1) in the appropriate offices of the Bureau of Land Management;
- “(2) in the office of the commanding officer of the military installation at which the lands are withdrawn; and
- “(3) if the military installation is under the management of the National Guard, in the office of the Adjutant General of the State in which the installation is located.
- “(d) Costs—The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this section.
- “2933. Access restrictions
- “(a) In general—If the Secretary concerned determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary may take such action as the Secretary determines necessary or desirable to effect and maintain such closure.
- “(b) Limitation—Any closure under subsection (a) shall be limited to the minimum areas and periods that the Secretary concerned determines are required for the purposes specified in such subsection.
- “(c) Consultation
- “(1) Before a closure under this section is implemented, the Secretary concerned shall consult with the Secretary of the Interior.
- “(2) In a case in which such a closure may affect access to or use of sacred sites or resources considered important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable time, with that tribe.
- “(3) No consultation is required under paragraph (1) or (2)—
- “(A) if the closure is already provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a land use management plan; or
- “(B) in the case of an emergency, as determined by the Secretary concerned.
- “(d) Notice—Immediately preceding and during any closure under subsection (a), the Secretary concerned shall post appropriate warning notices and take other steps, as necessary, to notify the public of the closure.
- “2934. Changes in use
- “(a) Other uses authorized—The Secretary concerned may authorize the use of lands withdrawn and reserved by a subchapter of this chapter for defense-related purposes in addition to the purposes specified in such subchapter.
- “(b) Notice to secretary of the interior—The Secretary concerned shall promptly notify the Secretary of the Interior in the event that the lands withdrawn and reserved by a subchapter of this chapter will be used for additional defense-related purposes. Such notification shall indicate—
- “(1) the additional use or uses involved;
- “(2) the planned duration of such additional uses; and
- “(3) the extent to which such additional uses will require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted non-defense-related uses of the withdrawn and reserved lands or portions thereof.
- “2935. Authorizations for nondefense-related uses
- “(a) Authorizations by the secretary of the interior—Subject to the applicable withdrawals contained in each subchapter of this chapter, with the consent of the Secretary concerned, the Secretary of the Interior may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter.
- “(b) Authorizations by the secretary concerned—The Secretary concerned may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter—
- “(1) for a defense-related purpose; or
- “(2) subject to the consent of the Secretary of the Interior, for a non-defense-related purpose.
- “(c) Form of authorization—An authorization under this section may be provided by lease, easement, right-of-way, permit, license, or other instrument authorized by law.
- “(d) Prevention of drainage of oil or gas resources—For the purpose of preventing drainage of oil or gas resources, the Secretary of the Interior may lease lands otherwise withdrawn from operation of the mineral leasing laws and reserved for defense-related purposes under this chapter, under such terms and conditions as the Secretary considers appropriate. No surface occupancy may be approved by the Secretary of the Interior without the consent of the Secretary concerned. The Secretary of the Interior may unitize or consent to communitization of such lands. The Secretary of the Interior may promulgate regulations to implement this subsection.
- “2936. Brush and range fire prevention and suppression
- “(a) Required activities—The Secretary concerned shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by this chapter, including fires outside those lands that spread from the withdrawn and reserved lands and which occurred as a result of such activities.
- “(b) Cooperation of secretary of the interior—At the request of the Secretary concerned, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary concerned. Notwithstanding section 2215 of this title, the Secretary concerned may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior in providing such assistance.
- “2937. On-going decontamination
- “Throughout the duration of a withdrawal and reservation of lands under this chapter, the Secretary concerned shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of this title.
- “2938. Water rights
- “(a) No reservation created—Nothing in this chapter shall be construed—
- “(1) to establish a reservation in favor of the United States with respect to any water or water right on the lands withdrawn and reserved by this chapter; or
- “(2) to authorize the appropriation of water on such lands except in accordance with applicable State law.
- “(b) Effect on previously acquired or reserved water rights—This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of the applicable subchapter of this chapter, and the Secretary concerned may exercise any such previously acquired or reserved water rights.
- “2939. Hunting, fishing, and trapping
- “Section 2671 of this title shall apply to all hunting, fishing, and trapping on the lands withdrawn and reserved by this chapter and for which management has been assigned to the Secretary concerned.
- “2940. Limitation on extensions and renewals
- “The withdrawals and reservations established by this chapter may not be extended or renewed except by a law enacted by Congress.
- “2941. Application for renewal of a withdrawal and reservation
- “(a) Notice—To the extent practicable, no later than five years before the termination of a withdrawal and reservation established by a subchapter of this chapter, the Secretary concerned shall notify the Secretary of the Interior as to whether or not the Secretary concerned will have a continuing defense-related need for any of the lands withdrawn and reserved by such subchapter after the termination date of such withdrawal and reservation. The Secretary concerned shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives.
- “(b) Filing for extension—If the Secretary concerned concludes that there will be a continuing defense-related need for any of such lands after the termination date, the Secretary shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals.
- “2942. Limitation on subsequent availability of lands for appropriation
- “At the time of termination of a withdrawal and reservation made by a subchapter of this chapter, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes.
- “2943. Relinquishment
- “(a) Notice of intention To relinquish—If, during the period of withdrawal and reservation, the Secretary concerned decides to relinquish any or all of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary concerned shall file a notice of intention to relinquish with the Secretary of the Interior.
- “(b) Determination of contamination—As a part of the notice under subsection (a), the Secretary concerned shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances.
- “(c) Public notice—The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands.
- “(d) Decontamination of lands To be relinquished
- “(1) Decontamination required—If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary concerned, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary concerned shall decontaminate the land to the extent that funds are appropriated for such purpose.
- “(2) Alternatives—If the Secretary of the Interior, after consultation with the Secretary concerned, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment.
- “(3) Status of contaminated lands upon termination—If, because of their contaminated state, the Secretary of the Interior declines to accept the lands withdrawn and reserved by a subchapter of this chapter which have been proposed for relinquishment, or if at the expiration of the withdrawal and reservation made by such subchapter the Secretary of the Interior determines that some of the lands withdrawn and reserved by such subchapter are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws—
- “(A) the Secretary concerned shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands;
- “(B) after the expiration of the withdrawal and reservation, the Secretary concerned shall undertake no activities on such lands except in connection with decontamination of such lands; and
- “(C) the Secretary concerned shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph.
- “(e) Revocation authority—Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of a withdrawal and reservation established by a subchapter of this chapter as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall—
- “(1) terminate the withdrawal and reservation;
- “(2) constitute official acceptance of the lands by the Secretary of the Interior; and
- “(3) state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws.
- “(f) Acceptance by secretary of the interior—Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress.
- “2944. Interchanges and transfers of Federal lands
- “(a) Authority—The Secretary of the Interior and the Secretary concerned may interchange or transfer between each other parcels of Federal land under their jurisdiction. A parcel may include multiple non-contiguous pieces of Federal lands.
- “(b) Conditions—Any interchange or transfer of land under this section is subject to the following conditions:
- “(1) The Secretary of the Interior and the Secretary concerned must each determine that the interchange or transfer is to the benefit of their respective department and in the public interest.
- “(2) Both parcels of land to be interchanged must, before the interchange, be located on the same military installation.
- “(3) Both parcels of land to be interchanged must be of approximately the same acreage.
- “(4) The parcel to be transferred must be located on the military installation to which it is transferred.
- “(5) The parcel interchanged or transferred by the Secretary of the Interior must be part of the lands withdrawn and reserved by this chapter.
- “(6) The parcel interchanged or transferred by the Secretary concerned must be under the administrative jurisdiction of the Secretary concerned and excess to the needs of the Department of Defense.
- “(7) During the term of a withdrawal, no more than 5,000 acres may be transferred under this section by one Secretary to the other on any one military installation.
- “(c) Status of federal land after interchange—Upon completion of an interchange or transfer under this section—
- “(1) at the discretion of the Secretary of the Interior, a parcel received by the Secretary of the Interior may—
- “(A) become withdrawn and reserved lands under the provisions of this chapter; or
- “(B) be managed as public lands under the provisions of the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.) and other applicable law; and
- “(2) a parcel received by the Secretary concerned shall—
- “(A) cease to be part of the public lands and lands withdrawn and reserved by this chapter; and
- “(B) be treated as property under section 102(9) of title 40 under the administrative jurisdiction of the Secretary concerned.
- “(d) Equalization payments—Neither the Secretary of the Interior nor the Secretary concerned may make an equalization payment to further a land interchange or transfer under this section.
- “2945. Delegability by the Secretary of the Interior
- “The Secretary of the Interior may delegate the Secretary’s functions under this chapter, except that an order pursuant to section 2942 of this title and a revocation order pursuant to section 2943(e) of this title may be approved and signed only by individuals in the Office of the Secretary who have been appointed by the President, by and with the advice and consent of the Senate.
- “2946. Land withdrawals; immunity of the United States
- “The United States and all departments and agencies thereof, and their officers and employees, shall be held harmless and shall not be liable for any injuries or damages to persons or property suffered in the course of any mining or mineral or geothermal leasing activity or other authorized non-defense-related activity conducted on lands withdrawn and reserved by this chapter.
- “II China Lake, California
- “2955a. Withdrawal and reservation
- “(a) Withdrawal—Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing laws.
- “(b) Reservation—The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes:
- “(1) Use as a research, development, test, and evaluation laboratory.
- “(2) Use as a range for air warfare weapons and weapon systems.
- “(3) Use as a high hazard testing and training area for aerial gunnery, rocketry, electronic warfare and countermeasures, tactical maneuvering and air support, and directed energy and unmanned aerial systems.
- “(4) Geothermal leasing, development, and related power production activities.
- “(5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title.
- “(c) Land description—The public lands and interests in lands referred to in subsection (a) are the Federal lands located within the boundaries of the Naval Air Weapons Station China Lake, comprising approximately 1,030,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on a map entitled “Naval Air Weapons Station China Lake Withdrawal—Renewal”, dated XX, xx, 2012, and filed in accordance with section 2932 of this title.
- “2955b. Management of withdrawn and reserved lands
- “(a) Management by the secretary of the interior
- “(1) Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2955a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law.
- “(2) To the extent consistent with applicable law and Executive orders, the lands withdrawn by section 2955a of this title may be managed in a manner permitting the following activities:
- “(A) Grazing.
- “(B) Protection of wildlife and wildlife habitat.
- “(C) Preservation of cultural properties.
- “(D) Control of predatory and other animals.
- “(E) Recreation and education.
- “(F) Prevention and appropriate suppression of brush and range fires resulting from non-military activities.
- “(G) Geothermal leasing and development and related power production activities.
- “(3) All non-defense-related uses of such lands, including the uses described in paragraph (2), shall be subject to such conditions and restrictions as may be necessary to permit the defense-related use of such lands for the purposes specified in or authorized pursuant to this chapter.
- “(b) Assignment of management
- “(1) The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2955a of this title to the Secretary of the Navy who, if so assigned, shall manage such lands in accordance with this title, title I of the Sikes Act (16 U.S.C. 670a et seq.), the Federal Land Policy and Management Act of 1976, and cooperative management arrangements between the Secretary of the Interior and the Secretary of the Navy. Nothing in this subsection or section 2935 of this title shall affect geothermal leases issued by the Secretary of the Interior before the date of the enactment of this subchapter, or the responsibility of the Secretary of the Interior to administer and manage such leases, consistent with the provisions of this section.
- “(2) The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity which involves both the lands withdrawn and reserved by section 2955a of this title and any other lands not under the administrative jurisdiction of the Secretary of the Navy. Any such authorization shall be issued only with the consent of the Secretary of the Navy and shall be subject to such conditions as the Secretary of the Navy may prescribe with regard to those lands withdrawn and reserved by section 2955a of this title.
- “(3) Neither this chapter nor any other provision of law shall be construed to prohibit the Secretary of the Interior from issuing and administering any lease pursuant to the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and other applicable law for the development and utilization of geothermal steam and associated geothermal resources on the lands withdrawn and reserved by section 2955a of this title, but such a lease may not be issued without the concurrence of the Secretary of the Navy.
- “(4) This chapter shall not affect the geothermal exploration and development authority of the Secretary of the Navy under section 2917 of this title with respect to the lands withdrawn and reserved by section 2955a, except that the Secretary of the Navy shall obtain the concurrence of the Secretary of the Interior before taking action under section 2917.
- “(5) Upon the expiration of the withdrawal and reservation or upon the relinquishment of the lands withdrawn and reserved by section 2955a of this title, Navy contracts for the development of geothermal resources at Naval Air Weapons Station China Lake then in effect (as amended or renewed by the Navy after the date of the enactment of this subchapter) shall remain in effect, except that the Secretary of the Interior, with the consent of the Secretary of the Navy, may offer to substitute a standard geothermal lease for any such contract.
- “(6) Any lease made pursuant to section 2935(d) of this title of lands withdrawn and reserved by section 2955a of this title shall require the concurrence of the Secretary of the Navy if the Secretary determines that the proposed lease may interfere with geothermal resources on those lands.
- “(7) The Secretary of the Navy shall be responsible for the management of wild horses and burros located on the lands withdrawn and reserved by section 2955a of this title and may use helicopters and motorized vehicles for such purpose. Such management shall be conducted in accordance with laws applicable to such management on public lands. The Secretary of the Interior and the Secretary of the Navy shall enter into an agreement for implementation of such management.
- “(c) Continuation of existing agreement—The agreement between the Secretary of the Interior and the Secretary of the Navy entered into before the date of the enactment of this subchapter pursuant to section 805 of the California Military Lands Withdrawal and Overflights Act of 1994 shall continue in effect until the earlier of—
- “(1) the date on which the Secretaries enter into a new agreement; or
- “(2) the date that is one year after the date of the enactment of this subchapter.
- “(d) Cooperation in development of management plan
- “(1) The Secretary of the Navy and the Secretary of the Interior shall update and maintain cooperative arrangements concerning land resources and land uses on the lands withdrawn and reserved by section 2955a of this title.
- “(2) Cooperative arrangements under paragraph (1) shall focus on and apply to sustainable management and protection of the natural and cultural resources and environmental values found on such withdrawn and reserved lands, consistent with the defense-related purposes for which those lands are withdrawn and reserved.
- “(3) Each cooperative arrangement under paragraph (1) shall include a comprehensive land use management plan which shall integrate and be consistent with all applicable law, including the requirements of title I of the Sikes Act and the Federal Land Policy and Management Act of 1976. Each such management plan shall be reviewed annually and shall be updated, as needed, in response to evolving management requirements and to complement the updates of other applicable land use and resource management and planning.
- “(e) Implementing agreement
- “(1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the comprehensive land use management plan developed under subsection (d).
- “(2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision.
- “(3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time.
- “2955c. Duration of withdrawal and reservation
- “The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039.
- “III Limestone Hills, Montana
- “2957a. Withdrawal and reservation
- “(a) Withdrawal—Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws.
- “(b) Reservation—The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes:
- “(1) The conduct of training for active and reserve components of the armed forces.
- “(2) The conduct of training by the Montana Department of Military Affairs; any such use may not interfere with purposes specified in paragraphs (1) and (3).
- “(3) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training.
- “(4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title.
- “(5) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions; any such use may not interfere with military training activities.
- “(c) Land description—The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 18,644 acres in Broadwater County, Montana, as generally depicted as “Proposed Land Withdrawal” on the map entitled “Limestone Hills Training Area Land Withdrawal” dated _____, and filed in accordance with section 2932 of this title.
- “(d) Indian tribes—Nothing in this subchapter shall be construed as altering any rights reserved for an Indian tribe for tribal use by treaty or Federal law. Subject to section 2933 of this title, the Secretary of the Army shall consult with any Indian tribe in the vicinity of the lands withdrawn and reserved by this section before taking action affecting tribal rights or cultural resources protected by treaty or Federal law.
- “2957b. Management of withdrawn and reserved lands
- “During the period of the withdrawal and reservation made by this subchapter, the Secretary of the Army shall manage the lands withdrawn and reserved by this subchapter for the purposes specified in section 2957a of this title.
- “2957c. Duration of withdrawal and reservation
- “(a) Term—The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039.
- “(b) Extension of term—Notwithstanding section 2940 of this title, in accordance with section 2 of the Act of February 28, 1958, Public Law 85–337 (72 Stat. 27), commonly known as the “Engle Act” (43 U.S.C. 156), if an application is filed by the Secretary of the Army in accordance with section 2941 of this title, the Secretary of the Interior may use the authority and procedures under section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) to extend the withdrawal and reservation made by this subchapter for an additional term not to exceed 20 years in accordance with that section and other applicable law.
- “2957d. Special rules governing minerals management
- “(a) Indian creek mine—Locatable mineral activities in the approved Indian Creek Mine, plan of operations MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. Notwithstanding section 2935 of this title, the Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the military uses of such lands. The coordination of such disposition of and exploration for minerals with military uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (d).
- “(b) Removal of unexploded ordnance on lands To be mined—The Secretary of the Army shall request funding for and, subject to the availability of such funds, shall remove unexploded ordnance on lands withdrawn and reserved by this subchapter which are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a).
- “(c) Report on removal activities—The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to subsection (b). The report shall include the amounts of funding expended for unexploded ordnance removal on such lands.
- “(d) Implementation agreement for mining activities
- “(1) The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The agreement shall provide the following:
- “(A) Procedures that will be used to facilitate day-to-day joint-use of the Limestone Hills Training Area.
- “(B) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area.
- “(C) Procedures for scheduling of the removal of unexploded ordnance.
- “(2) The Secretary of the Interior and the Secretary of the Army shall invite Graymont Western US. Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, to be a party to the agreement.
- “2957e. Grazing
- “(a) Issuance and administration of permits and leases—The issuance and administration of grazing permits and leases, including their renewal, on the lands withdrawn and reserved by this subchapter shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases.
- “(b) Safety requirements—With respect to any grazing permit or lease issued after the date of enactment of this subchapter for lands withdrawn and reserved by this subchapter, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands.
- “(c) Assignment—The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn and reserved by this subchapter.
- “IV Chocolate Mountain, California
- “2959a. Withdrawal and reservation
- “(a) Withdrawal—Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws.
- “(b) Reservation—The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes:
- “(1) Testing and training for aerial bombing, missile firing, tactical maneuvering, and air support.
- “(2) Small unit ground forces training, including artillery firing, demolition activities, and small arms field training.
- “(3) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title.
- “(c) Land description—The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 228,325 acres in Imperial and Riverside Counties, California, as generally depicted on a map entitled “Chocolate Mountain Aerial Gunnery Range Proposed—Withdrawal”, said map originally dated 1987, with revised dating to July 1993, prepared by Department of the Navy, Naval Facilities Engineering Command, identified as WESTDIV Drawing No. C–102370, on file with the Department of the Interior, Bureau of Land Management, California State Office, and filed in accordance with section 2932 of this title.
- “2959b. Management of withdrawn and reserved lands
- “(a) Management by the secretary of the interior—Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2959a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law.
- “(b) Assignment of management to the secretary of the navy—The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2959a of this title to the Secretary of the Navy. If the Secretary of the Navy accepts such assignment, that Secretary shall manage such lands in accordance with this title, title I of the Sikes Act (16 U.S.C. 670a et seq.), and other applicable law.
- “(c) Implementing agreement
- “(1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the assignment of management responsibility pursuant to subsection (b).
- “(2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision.
- “(3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time.
- “(d) Access agreement—The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to address access to and maintenance of Bureau of Reclamation facilities located within the boundary of the Chocolate Mountains Aerial Gunnery Range.
- “2959c. Duration of withdrawal and reservation
- “The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039.
- “2959d. Access
- “Notwithstanding section 2933 of this title, the lands withdrawn and reserved by section 2959a of this title, other than those constituting the Bradshaw Trail, are closed to the public and all uses, other than those authorized by section 2959a(b) of this title or pursuant to section 2934 of this title, shall be subject to such conditions and restrictions as may be necessary to prevent any interference with the uses authorized by section 2959a(b) of this title or pursuant to section 2934 of this title.
- “V Twentynine Palms, California
- “2961a. Withdrawal and reservation
- “(a) Withdrawal—Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (d), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws.
- “(b) Reservation for secretary of the navy—The lands withdrawn by subsection (a) constituting the Exclusive Military Use Area are reserved for use by the Secretary of the Navy for the following purposes:
- “(1) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air ground task forces.
- “(2) Individual and unit live-fire training ranges.
- “(3) Equipment and tactics development.
- “(4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title.
- “(c) Reservation for secretary of the interior—The lands withdrawn by subsection (a) constituting the Shared Use Area are reserved for use by the Secretary of the Navy for the purposes specified in subsection (b) and for the Secretary of the Interior for the following purposes:
- “(1) Public recreation when not used for military training and having been determined as suitable for public use.
- “(2) Natural resources conservation.
- “(d) Land description—The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 154,663 acres in San Bernardino County, California, as generally depicted on a map entitled ___, dated ___, and filed in accordance with section 2932 of this title. Such lands are divided into two areas, as follows:
- “(1) The Exclusive Military Use Area, divided into four areas, consisting of one area to the west of the Marine Corps Air Ground Combat Center of approximately 103,618 acres, one area south of the Marine Corps Air Ground Combat Center of approximately 21,304 acres, and two other areas, each measuring approximately 300 meters square, located inside the boundaries of the Shared Use Area.
- “(2) The Shared Use Area, consisting of approximately 36,755 acres.
- “2961b. Management of withdrawn and reserved lands
- “(a) Management by the secretary of the navy—During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Navy shall, subject to subsection (b), manage the lands withdrawn and reserved by section 2961a of this title for the purposes specified in such section pursuant to—
- “(1) an integrated natural resources management plan prepared and implemented pursuant to title I of the Sikes Act (16 U.S.C. 670 et seq.);
- “(2) this title; and
- “(3) a programmatic agreement between the United States Marine Corps and the California State Historic Preservation Officer regarding operation, maintenance, training, and construction at the United States Marine Air Ground Task Force Training Command, Marine Corps Air Ground Combat Center, Twentynine Palms, California.
- “(b) Management by the secretary of the interior
- “(1) During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the Shared Use Area except for two 30-day periods each year when such lands are exclusively used by the Secretary of the Navy for military training purposes, during which time the Secretary of the Navy shall manage such lands.
- “(2) The Secretary of the Interior, during the period of the Secretary’s management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(c) of this title in accordance with—
- “(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
- “(B) any other applicable law and regulations.
- “(3) The Secretary of the Navy, during the period of the Secretary’s management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(b) of this title in accordance with—
- “(A) an integrated natural resources management plan prepared and implemented in accordance with title I of the Sikes Act (16 U.S.C. 670a et seq.);
- “(B) this title; and
- “(C) the programmatic agreement referred to in subsection (a)(3).
- “(c) Public access
- “(1) Notwithstanding section 2933 of this title, the Exclusive Military Use Area shall be closed to all public access unless otherwise authorized by the Secretary of the Navy.
- “(2) The Shared Use Area shall be open to public recreational use during the period it is under the management of the Secretary of the Interior, but only after being determined as suitable for public use by the Secretary of the Navy. Any such determination shall not be unreasonably withheld.
- “(3)
- “(A) The Secretary of the Navy and the Secretary of the Interior, by agreement, shall establish a Resource Management Group comprised of representatives of the Departments of the Interior and Navy.
- “(B) The Group shall—
- “(i) develop and implement a public outreach plan to inform the public of the land uses changes and safety restrictions affecting the withdrawn lands; and
- “(ii) advise the Secretaries of the Interior and Navy as to all issues associated with the multiple uses of the Shared Use Area.
- “(C) The Group shall meet at least once a year and shall seek information from relevant California State agencies, private off-highway vehicle interest groups, event managers, environmental advocacy groups, and others relating to the management and facilitation of recreational use within the Shared Use Area.
- “(4) Military training within the Shared Use Area shall not be conditioned on, nor shall such training be precluded by—
- “(A) the lack of a Department of the Interior developed and implemented recreation management plan or land use management plan for the Shared Use Area; or
- “(B) any legal or administrative challenge to any such recreation management plan or land use plan document.
- “(5) The Shared Use Area shall be managed so as not to compromise the ability of the Department of the Navy to conduct military training in the Area.
- “(d) Implementation agreement—The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement the management responsibility relating to the Shared Use Area. The agreement—
- “(1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision;
- “(2) shall have a duration which shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time;
- “(3) may provide for the integration of the management plans required of the Secretaries of the Interior and Navy by this chapter;
- “(4) may provide for delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and
- “(5) may provide for the Secretaries of the Interior and Navy to share resources in order to most efficiently and effectively manage the Shared Use Area.
- “(e) Johnson valley off-Highway vehicle recreation area
- “(1) Designation—Approximately 45,000 acres (as depicted on the map referred to in section 2961a of this title) of the existing Bureau of Land Management-designated Johnson Valley Off-Highway Vehicle Area that are not withdrawn and reserved for defense-related uses by this subchapter, together with the Shared Use Area, are hereby designated as the “Johnson Valley Off-Highway Vehicle Recreation Area”.
- “(2) Authorized activities—To the extent consistent with applicable Federal law and regulations and this chapter, any authorized recreation activities and use designation in effect on the date of the enactment of this subchapter and applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may continue, including casual off-highway vehicular use, racing, competitive events, rock crawling, training, and other forms of off-highway recreation.
- “(3) Administration—The Secretary of the Interior shall administer the Johnson Valley Off-Highway Vehicle Recreation Area (other than that portion consisting of the Shared Use Area the management of which is addressed elsewhere in this section) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws and regulations.
- “(4) Transit—In coordination with the Secretary of the Interior, the Secretary of the Navy may authorize transit through the Johnson Valley Off-Highway Vehicle Recreation Area for defense-related purposes supporting military training (including military range management and management of exercise activities) conducted on the lands withdrawn and reserved by this subchapter.
- “2961c. Duration of withdrawal and reservation
- “The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039.”
- (b) Compensation to Broadwater County, Montana— The Secretary of the Army may pay Broadwater County, Montana, a one-time lump sum payment of $1,000,000 to offset the 25-year loss of payments in lieu of taxes provided to the County by the Federal Government for lands withdrawn and reserved by subchapter III of chapter 174 of title 10, United States Code, as added by subsection (a).
- (c) Termination of prior withdrawals— The withdrawal and reservation contained in section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 is hereby terminated. Notwithstanding such termination, all rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Interior or a Secretary concerned with respect to the lands withdrawn and reserved under such section, unless inconsistent with the provisions of chapter 174 of title 10, United States Code, as added by subsection (a), shall remain in force until modified, suspended, overruled, or otherwise changed by that Secretary, by a court of competent jurisdiction, or by operation of law.
- (d) Clerical amendment— The table of chapters at the beginning of subtitle A of such title and at the beginning of part IV of such subtitle are each amended by inserting after the item relating to chapter 173 the following new item:
## Sec. 2822 Fort Bliss military land withdrawal — removed
- (a) Revocation of withdrawal; return of administration— Effective on the date of the enactment of this Act—
- (1) Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822), is revoked as to the approximately 2,050 acres of lands generally depicted as “Parcel 1” on the map titled “Doña Ana County Land Transfer and Withdrawal”, dated April 20, 2011 (referred to in this section as the “map”);
- (2) administration of the lands is returned from the Secretary of the Army to the Secretary of the Interior, acting through the Director of the Bureau of Land Management; and
- (3) the lands shall be managed as public lands in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and any other applicable laws.
- (b) Withdrawal— In general— Subject to valid existing rights and the limitations in paragraph (2), the parcels of Federal land generally depicted on the map as “Parcel 2” and “Parcel 3”, consisting of approximately 35,550 acres, and any land or interest in land that is acquired by the United States within the boundaries of those parcels, are withdrawn from all forms of location, entry, appropriation, and disposal under the public land laws, including the mineral leasing laws, the mining laws, the mineral materials laws, and the geothermal leasing laws.
- (2) Limitation— Notwithstanding paragraph (1), Parcel 3 is not withdrawn for purposes of the issuance of oil and gas pipeline rights-of-way.
- (c) Maps and legal description— Publication and filing— As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall—
- (A) publish in the Federal Register a legal description of the parcels of Federal land returned by subsection (a) and withdrawn by subsection (b); and
- (B) file copies of the map described in subsection (a) and the legal description of the parcels with the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives.
- (2) Force of law— The map and legal descriptions filed under paragraph (1)—
- (A) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the map and legal descriptions; and
- (B) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
## Sec. 2831 Change from previous calendar year to previous fiscal year for period covered by annual report of Interagency Coordination Group of Inspectors General for Guam Realignment — added
- Section 2835(e)(1) of the Military Construction Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2687 note) is amended in the first sentence by striking “calendar year” and inserting “fiscal year”.
## Sec. 2832 Repeal of certain restrictions on realignment of Marine Corps forces in Asia-Pacific region — added
- Section 2832 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2155) is repealed.
## Sec. 2841 Real property acquisition, Naval Base Ventura County, California — added
- (a) Authority— The Secretary of the Navy may acquire all right, title, and interest in and to real property, including improvements thereon, located at Naval Base Ventura County, California, that was initially constructed under the former section 2828(g) of title 10, United States Code (commonly known as the “Build to Lease program”), as added by section 801 of the Military Construction Authorization Act, 1984 (Public Law 98–115; 97 Stat 782).
- (b) Use— Upon acquiring the real property under subsection (a), the Secretary of the Navy may use the improvements as provided in sections 2835 and 2835a of title 10, United States Code.
## Sec. 2842 Land conveyance, former Oxnard Air Force Base, Ventura County, California — added
- (a) Conveyance authorized— The Secretary of the Navy may convey, without consideration, to Ventura County, California (in this section referred to as the “County”), all right, title, and interest of the United States in and to the real property, including any improvements thereon, consisting of former Oxnard Air Force Base for the purpose of permitting the County to use the property for public purposes.
- (b) Payment of costs of conveyance—
- (1) Payment required— The Secretary of the Navy shall require the County to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the County.
- (2) Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
- (c) Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
- (d) Additional terms— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States.
## Sec. 2843 Land conveyance, Philadelphia Naval Shipyard, Philadelphia, Pennsylvania — added
- (a) Conveyance authorized— The Secretary of the Navy may convey to the Philadelphia Regional Port Authority (in this section referred to as the “Port Authority”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately .595 acres located at the Philadelphia Naval Shipyard, Philadelphia, Pennsylvania. The Secretary may void any land use restrictions associated with the property to be conveyed under this subsection.
- (b) Consideration—
- (1) Amount and determination— As consideration for the conveyance under subsection (a), the Port Authority shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final. In lieu of all or a portion of cash payment of consideration, the Secretary may accept in-kind consideration.
- (2) Treatment of cash consideration— The Secretary shall deposit any cash payment received under paragraph (1) in the special account in the Treasury established for that Secretary under subsection (e) of section 2667 of title 10, United States Code. The entire amount deposited shall be available for use in accordance with paragraph (1)(D) of such subsection.
- (c) Payment of costs of conveyance—
- (1) Payment required— The Secretary of the Navy shall require the Port Authority to reimburse the Secretary to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Port Authority.
- (2) Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
- (d) Compliance with environmental laws— Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
- (e) Description of property— The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
- (f) Additional terms and conditions— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
## Sec. 2844 Land conveyance, Camp Williams, Utah — added
- (a) Conveyance required— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Interior, acting through the Bureau of Land Management, shall convey, without consideration, to the State of Utah all right, title, and interest of the United States in and to certain lands comprising approximately 420 acres, as generally depicted on a map entitled “Proposed Camp Williams Land Transfer” and dated June 14, 2011, which are located within the boundaries of the public lands currently withdrawn for military use by the Utah National Guard and known as Camp Williams, Utah, for the purpose of permitting the Utah National Guard to use the conveyed land as provided in subsection (c).
- (b) Supersedence of executive order— Executive Order No. 1922 of April 24, 1914, as amended by section 907 of the Camp W.G. Williams Land Exchange Act of 1989 (title IX of Public Law 101–628; 104 Stat. 4501), is hereby superseded, only insofar as it affects the lands identified for conveyance to the State of Utah under subsection (a).
- (c) Reversionary interest— The lands conveyed to the State of Utah under subsection (a) shall revert to the United States if the Secretary of Defense determines that the land, or any portion thereof, is sold or attempted to be sold, or that the land, or any portion thereof, is used for non-National Guard or non-national defense purposes.
- (d) Hazardous materials— With respect to any portion of the land conveyed under subsection (a) that the Secretary of Defense determines is subject to reversion under subsection (c), if the Secretary of Defense also determines that the portion of the conveyed land contains hazardous materials, the State of Utah shall pay the United States an amount equal to the fair market value of that portion of the land, and the reversionary interest shall not apply to that portion of the land.
## Sec. 2845 Conveyance, Air National Guard radar site, Francis Peak, Wasatch Mountains, Utah — added
- (a) Conveyance authorized— The Secretary of the Air Force may convey, without consideration, to the State of Utah (in this section referred to as the “State”), all right, title, and interest of the United States in and to the structures, including equipment and any other personal property related thereto, comprising the Air National Guard radar site located on Francis Peak, Utah, for the purpose of permitting the State to use the structures to support emergency public safety communications, including 911 emergency response service for Northern Utah.
- (b) Payment of Costs of Conveyance—
- (1) Payment required— The Secretary of the Air Force may require the State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts paid to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the State.
- (2) Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
- (c) Description of Property— The exact inventory of equipment and other personal property to be conveyed under subsection (a) shall be determined by the Secretary of the Air Force.
- (d) Time of conveyance— The conveyance under this section shall occur as soon as practicable after the date of the enactment of this Act. Until such time as the conveyance occurs, the Secretary of the Air Force shall take no action with regard to the structures described in subsection (a) that will result in the likely disruption of emergency communications by the State and local authorities.
- (e) Additional Terms and Conditions— The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
- (f) Continuation of land use permit— The conveyance of the structures under subsection (a) shall not affect the validity and continued applicability of the land use permit, in effect on the date of the enactment of this Act, that was issued by the Forest Service for placement and use of the structures.
- (g) Duration of authority— The authority to make a conveyance under this section shall expire on the later of—
- (1) September 30, 2014; or
- (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015.
## Sec. 2846 Land conveyance, former Fort Monroe, Hampton, Virginia — added
- (a) Sense of congress regarding need for conveyance— It is the sense of Congress that—
- (1) the historic features of former Fort Monroe in Hampton, Virginia, are being degraded because of the lack of Department of the Army facility sustainment associated with the former Fort Monroe; and
- (2) it is in the best interest of the Secretary of the Army and the Commonwealth of Virginia (in this section referred to as the “Commonwealth”) to expeditiously convey, consistent with the Fort Monroe Reuse Plan and the Programmatic Agreement dated April 27, 2009, certain portions of former Fort Monroe to the Commonwealth.
- (b) Conveyance authorized— Pursuant to 2905(b)(4) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), the Secretary of the Army shall convey to the Commonwealth all right, title, and interest of the United States in and to approximately 70.431 acres of real property at former Fort Monroe depicted as areas 4–1 and 4–2 on the map titled “Plat Showing 8 Parcels of Land Totaling +/-564.519 Acres Situated on Fort Monroe, Virginia, Boundary Survey”, prepared by the Norfolk District, Army Corps of Engineers, and dated August 17, 2009 (in this section referred to as the “Map”).
- (c) Timing of conveyance— The Secretary of the Army shall exercise the authority provided by subsection (b) only concurrent, as near in time as possible, with the reversion to the Commonwealth of approximately 371.77 acres of property depicted as areas 3 and 5 on the Map.
- (d) Conditions of conveyance— As a condition of the conveyance of real property under subsection (b)—
- (1) the Commonwealth shall enter into an agreement with the Secretary of the Army to share equally with the United States, after conveyance of property areas 4–1 and 4–2, the net proceeds derived from any subsequent conveyance of these parcels to third-party buyers or from any lease of areas 4–1 or 4–2, payable over a period of seven years following the conveyance by the Secretary;
- (2) the parties shall agree to transfer authority over the utility systems at Fort Monroe to the Commonwealth in return for receiving service on the same relative terms and conditions that the Department of the Army provided service during its ownership of the utilities; and
- (3) the Secretary will resolve all issues with Dominion Virginia Power and will be responsible for maintaining electrical service in its name until such resolution has been obtained.
- (e) Savings provision— Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
- (f) Additional terms and conditions— The parties may agree to such additional terms and conditions in connection with the conveyance under this section as the parties consider appropriate to protect their respective interests.
## Sec. 2847 Land conveyance, Mifflin County United States Army Reserve Center, Lewistown, Pennsylvania — added
- (a) Conveyance authorized— The Secretary of the Army may convey, without consideration, to Derry Township, Pennsylvania (in this section referred to as the “Township”), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon and improvements related thereto, consisting of approximately 4.52 acres and containing the Mifflin County Army Reserve Center located at 73 Reserve Lane, Lewistown, Pennsylvania (parcel number 16,01–0113J), for the purpose of permitting the Township to use the parcel for a regional police headquarters or other public purposes.
- (b) Interim lease— Until such time as the real property described in subsection (a) is conveyed to the Township, the Secretary may lease the property to the Township.
- (c) Payment of costs of conveyance—
- (1) Payment required— The Secretary shall require the Township to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Township in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Township.
- (2) Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
- (d) Conditions of conveyance— The conveyance of the real property under subsection (a) shall be subject to the condition that the Township not use any Federal funds to cover—
- (1) any portion of the conveyance costs required by subsection (c) to be paid by the Township; or
- (2) to cover the costs for the design or construction of any facility on the property.
- (e) Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
- (f) Additional terms— The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.
## Sec. 2861 Repeal of annual Economic Adjustment Committee reporting requirement — added
- Subsection (d) of section 4004 of the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 (division D of Public Law 101–510; 10 U.S.C. 2391 note), as amended by section 4212(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2664), is further amended—
- (1) by inserting “and” at the end of paragraph (1);
- (2) by striking “; and” at the end of paragraph (2) and inserting a period; and
- (3) by striking paragraph (3).
## Sec. 2862 Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies — added
- (a) Redesignation— The Department of Defense regional center for security studies known as the Asia-Pacific Center for Security Studies is hereby renamed the “Daniel K. Inouye Asia-Pacific Center for Security Studies”.
- (b) Conforming amendments—
- (1) Reference to regional centers for strategic studies— Section 184(b)(2)(B) of title 10, United States Code, is amended by striking “Asia-Pacific Center for Security Studies” and inserting “Daniel K. Inouye Asia-Pacific Center for Security Studies”.
- (2) Acceptance of gifts and donations— Section 2611(a)(2)(B) of such title is amended by striking “Asia-Pacific Center for Security Studies” and inserting “Daniel K. Inouye Asia-Pacific Center for Security Studies”.
- (c) References— Any reference to the Department of Defense Asia-Pacific Center for Security Studies in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Daniel K. Inouye Asia-Pacific Center for Security Studies.
## Sec. 2863 Redesignation of the Graduate School of Nursing at the Uniformed Services University of the Health Sciences as the Daniel K. Inouye Graduate School of Nursing — added
- (a) Redesignation— The Graduate School of Nursing at the Uniformed Services University of the Health Sciences is hereby renamed the “Daniel K. Inouye Graduate School of Nursing”.
- (b) References— Any reference to the Graduate School of Nursing at the Uniformed Services University of the Health Sciences in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Daniel K. Inouye Graduate School of Nursing.
## Sec. 2864 Renaming site of the Dayton Aviation Heritage National Historical Park, Ohio — added
- Section 101(b)(5) of the Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww(b)(5)) is amended by striking “Aviation Center” and inserting “National Museum”.
## Sec. 2865 Designation of Distinguished Flying Cross National Memorial in Riverside, California — added
- (a) Findings— Congress finds the following:
- (1) The most reliable statistics regarding the number of members of the Armed Forces who have been awarded the Distinguished Flying Cross indicate that 126,318 members of the Armed Forces received the medal during World War II, approximately 21,000 members received the medal during the Korean conflict, and 21,647 members received the medal during the Vietnam War. Since the end of the Vietnam War, more than 203 Armed Forces members have received the medal in times of conflict.
- (2) The National Personnel Records Center in St. Louis, Missouri, burned down in 1973, and thus many more recipients of the Distinguished Flying Cross may be undocumented. Currently, the Department of Defense continues to locate and identify members of the Armed Forces who have received the medal and are undocumented.
- (3) The United States currently lacks a national memorial dedicated to the bravery and sacrifice of those members of the Armed Forces who have distinguished themselves by heroic deeds performed in aerial flight.
- (4) An appropriate memorial to current and former members of the Armed Forces is under construction at March Field Air Museum in Riverside, California.
- (5) This memorial will honor all those members of the Armed Forces who have distinguished themselves in aerial flight, whether documentation of such members who earned the Distinguished Flying Cross exists or not.
- (b) Designation— The memorial to members of the Armed Forces who have been awarded the Distinguished Flying Cross, located at March Field Air Museum in Riverside, California, is hereby designated as the Distinguished Flying Cross National Memorial.
- (c) Effect of designation— The national memorial designated by this section is not a unit of the National Park System, and the designation of the national memorial shall not be construed to require or permit Federal funds to be expended for any purpose related to the national memorial.
## Sec. 2901 Authorized Army construction and land acquisition project — added
- (a) Outside the united states— The Secretary of the Army may acquire real property and carry out the military construction project for the installation outside the United States, and in the amount, set forth in the following table:
- (b) Use of unobligated prior-year military construction funds— To carry out the military construction project set forth in the table in subsection (a), the Secretary of Defense may make available to the Secretary of the Army available, unobligated military construction funds appropriated for a fiscal year before fiscal year 2014.
- (c) Congressional notification— The Secretary of the Army shall provide information in accordance with section 2851(c) of title 10, United States Code, regarding the military construction project set forth in the table in subsection (a). If it becomes necessary to exceed the estimated project cost, the Secretary shall utilize the authority provided by section 2853 of such title regarding authorized cost and scope of work variations.
- (d) Briefing on infrastructure to support Joint Task Force, Guantanamo—
- (1) Briefing required— The Secretary of Defense shall brief the congressional defense committees on each of the following:
- (A) A description of each of the following costs, broken down by fiscal year, for each of fiscal years 2002 through 2013:
- (i) The costs of constructing the permanent and temporary infrastructure to support the detention operations at such Naval Station.
- (ii) The costs of facility repair, sustainment, maintenance, and operation of all infrastructure supporting the detention operations at such Naval Station.
- (iii) The costs of military personnel, civilian personnel, and contractors associated with the detention operations at such Naval Station.
- (iv) The costs of operation and maintenance, shown for each military department and account, associated with carrying out military commissions for individuals detained at such Naval Station.
- (v) The costs associated with the Office of the Deputy Assistant Secretary of Defense (Rule of Law and Detainee Policy), the Periodic Review Services, and studies and task forces funded by the Department of Defense that relate to the detention operations at such Naval Station.
- (vi) Any other costs associated with supporting the detention operations at such Naval Station.
- (B) A master plan for the continuation of detention operations by Joint Task Force Guantanamo, at United States Naval Station, Guantanamo Bay, Cuba, during the time period beginning on the date of the enactment of this Act and ending on the date of the 66th birthday of the youngest individual who is detained at United States Naval Station, Guantanamo Bay, Cuba, on the date of the enactment of this Act, including—
- (i) a description of any infrastructure projects that the Secretary determines are required for the continuation of such detention operations, including new requirements and replacement of existing infrastructure;
- (ii) an estimate of the total military personnel, civilian personnel, and contractor costs associated with the continuation of such detention operations;
- (iii) an estimate of the total operation and maintenance costs associated with the continuation of such detention operations;
- (iv) an estimate of the total costs associated with carrying out military commissions for individuals detained at such Naval Station; and
- (v) an estimate of any other costs associated with the continuation of such detention operations.
- (C) A cost estimate, itemized by construction project, of the infrastructure investments identified in the master plan described in subparagraph (B).
- (D) A detailed estimate of the annual costs projected to repair, sustain, and maintain the facilities that are in use by Joint Task Force, Guantanamo, as of the date of the enactment of this Act, or are identified in the master plan described in subparagraph (B).
- (2) Presidential plan— Not later than 120 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees a plan describing each of the following:
- (A) The locations to which the President seeks to transfer individuals detained at Guantanamo who have been identified for continued detention or prosecution.
- (B) The individuals detained at Guantanamo who the President seeks to transfer to overseas locations, the overseas locations to which the President seeks to transfer such individuals, and the conditions under which the President would transfer such individuals to such locations.
- (C) The proposal of the President for the detention and treatment of individuals captured overseas in the future who are suspected of being terrorists.
- (D) The proposal of the President regarding the disposition of the individuals detained at the detention facility at Parwan, Afghanistan, who have been identified as enduring security threats to the United States.
- (E) For any location in the United States to which the President seeks to transfer such an individual, estimates of each of the following costs:
- (i) The costs of constructing infrastructure to support detention operations or prosecution at such location.
- (ii) The costs of facility repair, sustainment, maintenance, and operation of all infrastructure supporting detention operations or prosecution at such location.
- (iii) The costs of military personnel, civilian personnel, and contractors associated with the detention operations or prosecution at such location, including any costs likely to be incurred by other Federal departments or agencies or State or local governments.
- (iv) Any other costs associated with supporting the detention operations or prosecution at such location.
## Sec. 3001 Withdrawal and reservation of public lands for Limestone Hills Training Area, Montana — added
- (a) Withdrawal— Subject to valid existing rights and except as provided in this subtitle, the public lands and interests in lands described in subsection (c), and all other areas within the boundaries of such lands as depicted on the map provided for by subsection (d) that may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws.
- (b) Reservation; purpose— Subject to the limitations and restrictions contained in section 3003, the public lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes:
- (1) The conduct of training for active and reserve components of the Armed Forces.
- (2) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training.
- (3) The conduct of training by the Montana Department of Military Affairs, except that any such use may not interfere with purposes specified in paragraphs (1) and (2).
- (4) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, except that any such use may not interfere with military training activities.
- (5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs.
- (c) Land Description— The public lands and interests in lands withdrawn and reserved by this section comprise approximately 18,644 acres in Broadwater County, Montana, as generally depicted as “Proposed Land Withdrawal” on the map titled “Limestone Hills Training Area Land Withdrawal”, dated April 10, 2013.
- (d) Legal description and map—
- (1) In general— As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall publish in the Federal Register a legal description of the public land withdrawn under subsection (a) and a copy of a map depicting the legal description of the withdrawn land.
- (2) Force of law— The legal description and map published under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description.
- (3) Reimbursement of costs— The Secretary of the Army shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior in implementing this subsection.
- (e) Indian tribes— Nothing in this subtitle shall be construed as altering any rights reserved for an Indian tribe for tribal use of lands within the military land withdrawal by treaty or Federal law. The Secretary of the Army shall consult with any Indian tribes in the vicinity of the military land withdrawal before taking action within the military land withdrawal affecting tribal rights or cultural resources protected by treaty or Federal law.
## Sec. 3002 Management of withdrawn and reserved lands — added
- During the period of the withdrawal and reservation specified in section 3005, the Secretary of the Army shall manage the public lands withdrawn by section 3001 for the purposes specified in subsection (b) of such section, subject to the limitations and restrictions contained in section 3003.
## Sec. 3003 Special rules governing minerals management — added
- (a) Indian Creek Mine—
- (1) In general— Of the lands withdrawn by section 3001, locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. Of the lands withdrawn by section 3001, the land area subject to the approved plan of operations shall permanently remain open to the amendment or relocation of mining claims (or both) under the Act of May 10, 1872 (commonly known as the General Mining Act of 1872; 30 U.S.C. 22 et seq.) to the extent necessary to preserve the mining operations described in the approved plan of operations.
- (2) Restrictions on Secretary of the Army— The Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the defense-related uses of the lands covered by the military land withdrawal. The coordination of such disposition of and exploration for minerals with defense-related uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (c).
- (b) Removal of unexploded ordnance on lands To be mined—
- (1) Removal activities— Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on lands withdrawn by section 3001 that are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a).
- (2) Report on removal activities— The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to this subsection. The report shall include—
- (A) the amounts of funding expended for unexploded ordnance removal on the lands withdrawn by section 3001; and
- (B) the identification of the lands cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior.
- (c) Implementation agreement for mining activities— The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The duration of the agreement shall be the same as the period of the withdrawal under section 3001, but may be amended from time to time. The agreement shall provide the following:
- (1) That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, is invited to be a party to the agreement.
- (2) Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area.
- (3) Provisions addressing when military and other authorized uses of the withdrawn lands will occur.
- (4) Provisions regarding when and where military use or training with explosive material will occur.
- (5) Provisions regarding the scheduling of training activities conducted within the withdrawn area that restrict mining activities and procedures for deconfliction with mining operations, including parameters for notification and sanction of anticipated changes to the schedule.
- (6) Provisions regarding liability and compensation for damages or injury caused by mining or military training activities.
- (7) Provisions for periodic review of the agreement for its adequacy, effectiveness, and need for revision.
- (8) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area.
- (9) Procedures for scheduling of the removal of unexploded ordnance.
- (d) Existing memorandum of agreement— Until such time as the agreement required under subsection (c) becomes effective, the compatible joint use of the lands withdrawn and reserved by section 3001 shall be governed, to the extent compatible, by the terms of the 2005 Memorandum of Agreement among the Montana Army National Guard, Graymont Western US Inc. and the Bureau of Land Management.
## Sec. 3004 Grazing — added
- (a) Issuance and administration of permits and leases— The issuance and administration of grazing permits and leases, including their renewal, on the public lands withdrawn by section 3001 shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases.
- (b) Safety requirements— With respect to any grazing permit or lease issued after the date of the enactment of this Act for lands withdrawn by section 3001, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands.
- (c) Assignment— The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn by section 3001.
## Sec. 3005 Duration of withdrawal and reservation — added
- The military land withdrawal made by section 3001 shall terminate on March 31, 2039.
## Sec. 3006 Payments in lieu of taxes — added
- The lands withdrawn by section 3001 shall remain eligible as entitlement land under section 6901 of title 31, United States Code.
## Sec. 3007 Hunting, fishing and trapping — added
- All hunting, fishing and trapping on the lands withdrawn by section 3001 shall be conducted in accordance with section 2671 of title 10, United States Code.
## Sec. 3008 Water rights — added
- (a) Water rights— Nothing in this subtitle shall be construed—
- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands withdrawn by section 3001; or
- (2) to authorize the appropriation of water on lands withdrawn by section 3001, except in accordance with applicable State law.
- (b) Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
## Sec. 3009 Brush and range fire prevention and suppression — added
- (a) Required activities— The Secretary of the Army shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by section 3001, including fires outside those lands that spread from the withdrawn land and which occurred as a result of such activities.
- (b) Cooperation of secretary of the interior— At the request of the Secretary of the Army, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary of the Army. Notwithstanding section 2215 of title 10, United States Code, the Secretary of the Army may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior in providing such assistance.
## Sec. 3010 On-going decontamination — added
- During the withdrawal and reservation authorized by section 3001, the Secretary of the Army shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of title 10, United States Code.
## Sec. 3011 Application for renewal of a withdrawal and reservation — added
- (a) Notice— To the extent practicable, no later than five years before the termination of the withdrawal and reservation made by section 3001, the Secretary of the Army shall notify the Secretary of the Interior whether the Secretary of the Army will have a continuing defense-related need for any of the lands withdrawn and reserved by section 3001 after the termination date of such withdrawal and reservation. The Secretary of the Army shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives.
- (b) Filing for extension— If the Secretary of the Army concludes that there will be a continuing defense-related need for any of the withdrawn and reserved lands after the termination date, the Secretary of the Army shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals and reservations.
## Sec. 3012 Limitation on subsequent availability of lands for appropriation — added
- At the time of termination of a withdrawal and reservation made by section 3001, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes.
## Sec. 3013 Relinquishment — added
- (a) Notice of intention to relinquish— If, during the period of withdrawal and reservation under section 3001, the Secretary of the Army decides to relinquish any or all of the lands withdrawn and reserved, the Secretary of the Army shall file a notice of intention to relinquish with the Secretary of the Interior.
- (b) Determination of contamination— As a part of the notice under subsection (a), the Secretary of the Army shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances.
- (c) Public notice— The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands.
- (d) Decontamination of lands to be relinquished—
- (1) Conditions requiring decontamination— If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary of the Army, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary of the Army shall decontaminate the land to the extent that funds are appropriated for such purpose.
- (2) Discretion if conditions not met— If the Secretary of the Interior, after consultation with the Secretary of the Army, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment.
- (3) Response— If the Secretary of the Interior declines to accept the lands that have been proposed for relinquishment because of their contaminated state, or if at the expiration of the withdrawal and reservation made by section 3001 the Secretary of the Interior determines that some of the lands withdrawn and reserved are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws—
- (A) the Secretary of the Army shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands;
- (B) after the expiration of the withdrawal and reservation, the Secretary of the Army shall undertake no activities on such lands except in connection with decontamination of such lands; and
- (C) the Secretary of the Army shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph.
- (e) Revocation authority— Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of the withdrawal and reservation made by section 3001 as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall—
- (1) terminate the withdrawal and reservation;
- (2) constitute official acceptance of the lands by the Secretary of the Interior; and
- (3) state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws.
- (f) Acceptance by secretary of the interior— Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress.
## Sec. 3021 Transfer of administrative jurisdiction, White Sands Missile Range, New Mexico — added
- (a) Transfer required— Not later than September 30, 2014, the Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of the Army certain public land administered by the Bureau of Land Management in Dona Ana County, New Mexico, consisting of approximately 5,100 acres depicted as “Parcel 1” on the map titled “White Sands Missile Range Land Reservation” and dated January 4, 2013.
- (b) Use of transferred land— Upon the receipt of the land under subsection (a), the Secretary of the Army shall include the land as part of White Sands Missile Range, New Mexico, and authorize use of the land for military purposes.
- (c) Legal description and map—
- (1) Preparation and publication— The Secretary of the Interior shall publish in the Federal Register a legal description and map of the public land to be transferred under subsection (a).
- (2) 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 the Interior may correct errors in the legal description.
- (d) Reimbursement 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 the Interior for any costs incurred by the Secretary of the Interior to prepare the legal description and map under subsection (c).
- (e) Treatment of grazing leases— If a grazing permit or lease exists on the date of the enactment of this Act for any portion of the public land to be transferred under subsection (a), the Secretary of the Interior shall transfer or relocate the grazing allotments associated with the permit or lease to other public land, acceptable to the permit or lease holder, so that the grazing continues to have the same value to the holder.
## Sec. 3022 Water rights — added
- (a) Water rights— Nothing in this subtitle shall be construed—
- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this subtitle; or
- (2) to authorize the appropriation of water on lands transferred by this subtitle except in accordance with applicable State law.
- (b) Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
## Sec. 3023 Withdrawal — added
- Subject to valid existing rights, the public land to be transferred under section 3021 is withdrawn from all forms of appropriation under the public land laws, including the mining laws and geothermal leasing laws, so long as the lands remain under the administrative jurisdiction of the Secretary of the Army.
## Sec. 3031 Transfer of administrative jurisdiction, Naval Air Weapons Station China Lake, California — added
- (a) Transfer required— Not later than September 30, 2014, the Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management in Inyo, Kern, and San Bernardino Counties, California, consisting of approximately 1,045,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on the map titled “Naval Air Weapons Station China Lake Withdrawal - Renewal” and dated 2012.
- (b) Use of transferred land— Upon the receipt of the land under subsection (a), the Secretary of the Navy shall include the land as part of the Naval Air Weapons Station China Lake, California, and authorize use of the land for military purposes.
- (c) Legal description and map—
- (1) Preparation and publication— The Secretary of the Interior shall publish in the Federal Register a legal description and map of the public land to be transferred under subsection (a).
- (2) 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 the Interior may correct errors in the legal description and map.
- (d) Reimbursement of costs— The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to prepare the legal description and map under subsection (c).
## Sec. 3032 Water rights — added
- (a) Water rights— Nothing in this subtitle shall be construed—
- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this subtitle; or
- (2) to authorize the appropriation of water on lands transferred by this subtitle except in accordance with applicable State law.
- (b) Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
## Sec. 3033 Withdrawal — added
- Subject to valid existing rights, the public land to be transferred under section 3031 is withdrawn from all forms of appropriation under the public land laws, including the mining laws and geothermal leasing laws, so long as the lands remain under the administrative jurisdiction of the Secretary of the Navy.
## Sec. 3041 Transfer of administrative jurisdiction, Chocolate Mountain Aerial Gunnery Range, California — added
- (a) Transfer required— The Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management in Imperial and Riverside Counties, California, consisting of approximately 226,711 acres, as generally depicted on the map titled “Chocolate Mountain Aerial Gunnery Range Proposed–Withdrawal” dated 1987 (revised July 1993), and identified as WESTDIV Drawing No. C–102370, which was prepared by the Naval Facilities Engineering Command of the Department of the Navy and is on file with the California State Office of the Bureau of Land Management.
- (b) Valid existing rights— The transfer of administrative jurisdiction under subsection (a) shall be subject to any valid existing rights, including any property, easements, or improvements held by the Bureau of Reclamation and appurtenant to the Coachella Canal. The Secretary of the Navy shall provide for reasonable access by the Bureau of Reclamation for inspection and maintenance purposes not inconsistent with military training.
- (c) Time for conveyance— The transfer of administrative jurisdiction under subsection (a) shall occur pursuant to a schedule agreed to by the Secretary of the Interior and the Secretary of the Navy, but in no case later than the date of the completion of the boundary realignment required by section 3043.
- (d) Map and legal description—
- (1) Preparation and publication— The Secretary of the Interior shall publish in the Federal Register a legal description of the public land to be transferred under subsection (a).
- (2) Submission to congress— The Secretary of the Interior shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives—
- (A) a copy of the legal description prepared under paragraph (1); and
- (B) a map depicting the legal description of the transferred public land.
- (3) Availability for public inspection— Copies of the legal description and map filed under paragraph (2) shall be available for public inspection in the appropriate offices of—
- (A) the Bureau of Land Management;
- (B) the Office of the Commanding Officer, Marine Corps Air Station Yuma, Arizona;
- (C) the Office of the Commander, Navy Region Southwest; and
- (D) the Office of the Secretary of the Navy.
- (4) Force of law— The legal description and map filed under paragraph (2) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the legal description or map.
- (5) Reimbursement of costs— The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to prepare the legal description and map under this subsection.
## Sec. 3042 Management and use of transferred land — added
- (a) Use of transferred land— Upon the receipt of the land under section 3041, the Secretary of the Navy shall administer the land as the Chocolate Mountain Aerial Gunnery Range, California, and continue to authorize use of the land for military purposes.
- (b) Protection of desert tortoise— Nothing in the transfer required by section 3041 shall affect the prior designation of certain lands within the Chocolate Mountain Aerial Gunnery Range as critical habitat for the desert tortoise (Gopherus Agassizii).
- (c) Withdrawal of Mineral Estate— Subject to valid existing rights, the mineral estate of the land to be transferred under section 3041 are withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, for as long as the land is under the administrative jurisdiction of the Secretary of the Navy.
- (d) Integrated natural resources management plan— Not later than one year after the transfer of the land under section 3041, the Secretary of the Navy, in cooperation with the Secretary of the Interior, shall prepare an integrated natural resources management plan pursuant to the Sikes Act (16 U.S.C. 670a et seq.) for the transferred land and for land that, as of the date of the enactment of this Act, is under the jurisdiction of the Secretary of the Navy underlying the Chocolate Mountain Aerial Gunnery Range.
## Sec. 3043 Realignment of range boundary and related transfer of title — added
- (a) Realignment; purpose— The Secretary of the Interior and the Secretary of the Navy shall realign the boundary of the Chocolate Mountain Aerial Gunnery Range, as in effect on the date of the enactment of this Act, to improve public safety and management of the Range, consistent with the following:
- (1) The northwestern boundary of the Chocolate Mountain Aerial Gunnery Range shall be realigned to the edge of the Bradshaw Trail so that the Trail is entirely on public land under the jurisdiction of the Department of the Interior.
- (2) The centerline of the Bradshaw Trail shall be delineated by the Secretary of the Interior in consultation with the Secretary of the Navy, beginning at its western terminus at Township 8 South, Range 12 East, Section 6 eastward to Township 8 South, Range 17 East, Section 32 where it leaves the Chocolate Mountain Aerial Gunnery Range.
- (b) Transfers related to realignment— The Secretary of the Interior and the Secretary of the Navy shall make such transfers of administrative jurisdiction as may be necessary to reflect the results of the boundary realignment carried out pursuant to subsection (a).
- (c) Applicability of national environmental policy act of 1969— The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to any transfer of land made under subsection (b) or any decontamination actions undertaken in connection with such a transfer.
- (d) Decontamination— The Secretary of the Navy shall maintain, to the extent funds are available for such purpose and consistent with applicable Federal and State law, a program of decontamination of any contamination caused by defense-related uses on land transferred under subsection (b). The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of title 10, United States Code.
- (e) Timeline— The delineation of the Bradshaw Trail under subsection (a) and any transfer of land under subsection (b) shall occur pursuant to a schedule agreed to by the Secretary of the Interior and the Secretary of the Navy, but in no case later than two years after the date of the enactment of this Act.
## Sec. 3044 Effect of termination of military use — added
- (a) Notice and effect— Upon a determination by the Secretary of the Navy that there is no longer a military need for all or portions of the land transferred under section 3041, the Secretary of the Navy shall notify the Secretary of the Interior of such determination. Subject to subsections (b), (c), and (d), the Secretary of the Navy shall transfer the land subject to such a notice back to the administrative jurisdiction of the Secretary of the Interior.
- (b) Contamination— Before transmitting a notice under subsection (a), the Secretary of the Navy shall prepare a written determination concerning whether and to what extent the land to be transferred are contaminated with explosive, toxic, or other hazardous materials. A copy of the determination shall be transmitted with the notice. Copies of the notice and the determination shall be published in the Federal Register.
- (c) Decontamination— The Secretary of the Navy shall decontaminate any contaminated land that is the subject of a notice under subsection (a) if—
- (1) the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that—
- (A) decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land); and
- (B) upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws; and
- (2) funds are appropriated for such decontamination.
- (d) Alternative— The Secretary of the Interior is not required to accept land proposed for transfer under subsection (a) if the Secretary of the Interior is unable to make the determinations under subsection (c)(1) or if Congress does not appropriate a sufficient amount of funds for the decontamination of the land.
## Sec. 3045 Temporary extension of existing withdrawal period — added
- Notwithstanding subsection (a) of section 806 of the California Military Lands Withdrawal and Overflights Act of 1994 (title VIII of Public Law 103–433; 108 Stat. 4505), the withdrawal and reservation of the land transferred under section 3041 shall not terminate until the date on which the land transfer required by section 3041 is executed.
## Sec. 3046 Water rights — added
- (a) Water rights— Nothing in this subtitle shall be construed—
- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this subtitle; or
- (2) to authorize the appropriation of water on lands transferred by this subtitle except in accordance with applicable State law.
- (b) Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
## Sec. 3051 Designation of Johnson Valley National Off-Highway Vehicle Recreation Area — added
- (a) Designation— The approximately 188,000 acres of public land and interests in land administered by the Secretary of the Interior through the Bureau of Land Management in San Bernardino County, California, as generally depicted as the “Johnson Valley Off-Highway Vehicle Recreation Area” on the map titled “Johnson Valley National Off-Highway Vehicle Recreation Area and Transfer of the Southern Study Area” and dated April 11, 2013, are hereby designated as the “Johnson Valley National Off-Highway Vehicle Recreation Area”.
- (b) Recreational and conservation use— The Johnson Valley National Off-Highway Vehicle Recreation Area is designated for the following purposes:
- (1) Public recreation (including off-highway vehicle use, camping, and hiking) when the lands are not used for military training as authorized by section 3052.
- (2) Natural resources conservation.
- (c) Withdrawal— The public land and interests in land included in the Johnson Valley National Off-Highway Vehicle Recreation Area are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws.
- (d) Treatment of existing rights— The designation of the Johnson Valley National Off-Highway Vehicle Recreation Area and the withdrawal of the public land and interests in land included in the Recreation Area are subject to valid existing rights.
## Sec. 3052 Limited biannual Marine Corps Air Ground Combat Center Twentynine Palms use of Johnson Valley National Off-Highway Vehicle Recreation Area — added
- (a) Use for military purposes authorized— Subject to subsection (b), the Secretary of the Interior shall authorize the Secretary of the Navy to utilize portions of Johnson Valley National Off-Highway Vehicle Recreation Area twice in each calendar year for up to a total of 60 days per year for the following purposes:
- (1) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces.
- (2) Individual and unit live-fire training ranges.
- (3) Equipment and tactics development.
- (4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs.
- (b) Conditions on military use—
- (1) Consultation and public participation requirements— Before the Secretary of the Navy requests the two time periods for military use of the Johnson Valley National Off-Highway Vehicle Recreation Area in a calendar year, the Secretary of the Navy shall—
- (A) consult with the Secretary of the Interior regarding the best times for military use to reduce interference with or interruption of nonmilitary activities authorized by section 3051(b); and
- (B) provide for public awareness of and participation in the selection process.
- (2) Public notice— The Secretary of the Navy shall provide advance, wide-spread notice before any closure of public lands for military use under this section.
- (3) Public safety— Military use of the Johnson Valley National Off-Highway Vehicle Recreation Area during the biannual periods authorized by subsection (a) shall be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians.
- (4) Certain types of ordnance prohibited— The Secretary of the Navy shall prohibit the use of dud-producing ordnance in any military training conducted under subsection (a).
- (c) Implementing agreement—
- (1) Agreement required; required terms— The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement this section. The agreement shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision.
- (2) Additional terms— The agreement may provide for—
- (A) the integration of the management plans of the Secretary of the Interior and the Secretary of the Navy;
- (B) delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and
- (C) the sharing of resources in order to most efficiently and effectively manage the lands.
- (d) Duration— Any agreement for the military use of the Johnson Valley National Off-Highway Vehicle Recreation Area shall terminate not later than March 31, 2039.
## Sec. 3053 Transfer of administrative jurisdiction, Southern Study Area, Marine Corps Air Ground Combat Center Twentynine Palms, California — added
- (a) Transfer required— Not later than September 30, 2014, the Secretary of the Interior shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management consisting of approximately 20,000 acres in San Bernardino County, California, as generally depicted as the “Southern Study Area” on the map referred to in section 3051.
- (b) Use of transferred land— Upon the receipt of the land under subsection (a), the Secretary of the Navy shall include the land as part of the Marine Corps Air Ground Combat Center Twentynine Palms, California, and authorize use of the land for military purposes.
- (c) Legal description and map—
- (1) Preparation and publication— The Secretary of the Interior shall publish in the Federal Register a legal description and map of the public land to be transferred under subsection (a).
- (2) 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 the Interior may correct clerical and typographical errors in the legal description and map.
- (d) Reimbursement of costs— The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to carry out this section.
## Sec. 3054 Water rights — added
- (a) Water rights— Nothing in this subtitle shall be construed—
- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this subtitle; or
- (2) to authorize the appropriation of water on lands transferred by this subtitle except in accordance with applicable State law.
- (b) Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
## Sec. 3061 Transfer of administrative jurisdiction, Naval Air Station Fallon, Nevada — added
- (a) In general— Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall transfer to the Secretary of the Navy, without consideration, the Federal land described in subsection (b).
- (b) Description of Federal land— The Federal land referred to in subsection (a) is the parcel of approximately 400 acres of land under the jurisdiction of the Secretary of the Interior that—
- (1) is adjacent to Naval Air Station Fallon in Churchill County, Nevada; and
- (2) was withdrawn under Public Land Order 6834 (NV–943–4214–10; N–37875).
- (c) Management— On transfer of the Federal land described under subsection (b) to the Secretary of the Navy, the Secretary of the Navy shall have full jurisdiction, custody, and control of the Federal land.
## Sec. 3062 Water rights — added
- (a) Water rights— Nothing in this subtitle shall be construed—
- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this subtitle; or
- (2) to authorize the appropriation of water on lands transferred by this subtitle except in accordance with applicable State law.
- (b) Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
## Sec. 3063 Withdrawal — added
- Subject to valid existing rights, the Federal land to be transferred under section 3061 is withdrawn from all forms of appropriation under the public land laws, including the mining laws and geothermal leasing laws, so long as the land remains under the administrative jurisdiction of the Secretary of the Navy.
## Sec. 3101 National Nuclear Security Administration — added
- (a) Authorization of Appropriations— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.
- (b) Authorization of New Plant Projects— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows:
## Sec. 3102 Defense environmental cleanup — added
- Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.
## Sec. 3103 Other defense activities — added
- Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for other defense activities in carrying out programs as specified in the funding table in section 4701.
## Sec. 3104 Energy security and assurance — added
- Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for energy security and assurance programs necessary for national security as specified in the funding table in section 4701.
## Sec. 3111 Clarification of principles of National Nuclear Security Administration — added
- Subsection (c) of section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401) is amended to read as follows:
- “(c) Operations and activities to be carried out consistent with certain principles—In carrying out the mission of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the principles of—
- “(1) protecting the environment;
- “(2) safeguarding the safety and health of the public and of the workforce of the Administration; and
- “(3) ensuring the security of the nuclear weapons, nuclear material, and classified information in the custody of the Administration.”
## Sec. 3112 Termination of Department of Energy employees to protect national security — added
- (a) In general— Subtitle C of the National Nuclear Security Administration Act (50 U.S.C. 2441 et seq.) is amended by adding at the end the following new section:
- “3245. Termination of employees to protect national security
- “(a) Termination authority—Notwithstanding any other provision of law, the Secretary of Energy may terminate an employee of the Administration or any element of the Department of Energy that involves nuclear security if the Secretary—
- “(1) determines that the employee acted in a manner that endangers the security of special nuclear material or classified information;
- “(2) considers the termination to be in the interests of the United States; and
- “(3) determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner that the Secretary considers consistent with national security.
- “(b) Statements and affidavits
- “(1) To the extent that the Secretary determines that the interests of national security permit, the Secretary shall notify an employee whose employment is terminated under this section of the reasons for the termination.
- “(2) During the 30-day period beginning on the date on which a terminated employee is notified under paragraph (1), the employee may submit to the Secretary statements or affidavits to show why the employee should be restored to duty.
- “(3) If a terminated employee submits statements and affidavits under paragraph (2), the Secretary—
- “(A) shall provide a written response to the employee; and
- “(B) may restore the employment of the employee.
- “(c) Finality—A decision by the Secretary to terminate the employment of an employee under this section is final and may not be appealed or reviewed outside the Department.
- “(d) Notification to congressional committees—Whenever the Secretary terminates the employment of an employee under the authority of this section, the Secretary shall promptly notify the congressional defense committees of such termination.
- “(e) Preservation of right to seek other employment—Any termination of employment under this section does not affect the right of the employee involved to seek or accept employment with any other department or agency of the United States if that employee is declared eligible for such employment by the Director of the Office of Personnel Management.
- “(f) Prohibition on delegation—The authority of the Secretary under this section may not be delegated.”
- (b) Clerical amendment— The table of contents at the beginning of such Act is amended by inserting after the item relating to section 3244 the following new item:
## Sec. 3113 Modification of independent cost estimates on life extension programs and new nuclear facilities — added
- (a) In general— Section 4217 of the Atomic Energy Defense Act (50 U.S.C. 2537) is amended—
- (1) in subsection (b)(2), by adding after the period at the end the following: “Such cost estimates shall be conducted by the Secretary of Defense, acting through the Director of Cost Assessment and Program Evaluation. The Director may delegate carrying out such a cost estimate to another element of the Department of Defense.”; and
- (2) by amending subsection (c) to read as follows:
- “(c) Authority for further assessments
- “(1) In consultation with the Administrator, the Secretary of Defense, acting through the Director of Cost Assessment and Program Evaluation, may conduct an independent cost assessment of any initiative or program of the Administration that is estimated to cost more than $500,000,000. The Director may delegate carrying out such a cost estimate to another element of the Department of Defense.
- “(2) The Secretary, acting through the Administrator, shall request an appropriate official or entity to conduct an independent review of each—
- “(A) guidance for the analysis of alternatives for each covered system or facility before such analysis is conducted; and
- “(B) results of such analysis.
- “(3) The Secretary, acting through the Administrator, shall submit to the congressional defense committees and the Nuclear Weapons Council each independent review conducted under paragraph (2).
- “(4) In this subsection:
- “(A) The term “appropriate official or entity” means the following:
- “(i) The Director of Cost Assessment and Program Evaluation.
- “(ii) An organization selected by the Director of Cost Assessment and Program Evaluation.
- “(iii) The JASON Defense Advisory Panel.
- “(B) The term “covered system or facility” means the following:
- “(i) Each nuclear weapon system undergoing life extension at the completion of phase 6.2A, relating to design definition and cost study.
- “(ii) Each new nuclear facility within the nuclear security enterprise (as defined in section 4002(5) of the Atomic Energy Defense Act (50 U.S.C. 2501(5)) that is estimated to cost more than $500,000,000 before such facility achieves critical decision 2 in the acquisition process.”
- (b) Effective date— The amendment made by subsection (a)(2) shall expire on the date that is three years after the date of the enactment of this Act. Effective on the day after such expiration date, subsection (c) of section 4217 of the Atomic Energy Defense Act (50 U.S.C. 2537), as in effect on the day before the date of the enactment of this Act, is hereby revived.
- (c) Sense of Congress— It is the sense of Congress that Congress encourages the Administrator for Nuclear Security and the Nuclear Weapons Council to follow the results of the analysis of alternatives of a life extension program or a defense nuclear facility construction project when selecting a final option.
## Sec. 3114 Plan for retrieval, treatment, and disposition of tank farm waste at Hanford Nuclear Reservation — added
- (a) In general— Subtitle D of title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2621 et seq.) is amended by adding at the end the following new section:
- “4445. Plan for retrieval, treatment, and disposition of tank farm waste at Hanford Nuclear Reservation
- “(a) Plan—Not later than March 1, 2014, the Secretary of Energy shall submit to the congressional defense committees a comprehensive plan through 2025 for the safe and effective retrieval, treatment, and disposition of nuclear waste contained in the tank farms of Hanford Nuclear Reservation, Richland, Washington.
- “(b) Matters included—The plan under subsection (a) shall include the following:
- “(1) A list of all requirements, assumptions, and criteria needed to design, construct, and operate the Waste Treatment and Immobilization Plant and any required infrastructure facilities at the Hanford Tank Farms.
- “(2) A schedule of activities, construction, and operations at the Hanford Tank Farms and Waste Treatment and Immobilization Plant required before 2025 to carry out the safe and effective retrieval, treatment, and disposition of waste in the Hanford Tank Farms.
- “(3) Actions required to accelerate, to the extent possible, the retrieval and treatment of lower-risk, low-activity waste while continuing efforts to accelerate the resolution of technical challenges associated with higher-risk, high-activity waste.
- “(4) A description of how the Secretary will—
- “(A) provide adequate protection to workers and the public under the plan; and
- “(B) incorporate into the plan any new science and technical information that was not available before the development of the plan, including new science and technical information not available as of March 2014.
- “(c) Determinations
- “(1) For each requirement, assumption, or criterion identified by the Secretary under subsection (b)(1), the Secretary shall include in the plan under subsection (a) a determination regarding whether such requirement, assumption or criterion is finalized and will be used to inform planning, design, construction, and operations of the Waste Treatment and Immobilization Plant project.
- “(2) For each requirement, assumption, or criterion that the Secretary cannot make a finalized determination for under paragraph (1) by the date the plan under subsection (a) is submitted to the congressional defense committees, the Secretary shall—
- “(A) include in the plan—
- “(i) a description of the requirement, assumption, or criterion;
- “(ii) a list of activities required for the Secretary to make such determination; and
- “(iii) the date on which the Secretary anticipates making such determination; and
- “(B) once the Secretary makes the finalized determination with respect to the requirement, assumption, or criterion, submit to such committees notification that the requirement, assumption, or criterion is finalized and will be used to inform the planning, design, construction, and operations of the Waste Treatment and Immobilization Plant project.
- “(3)
- “(A) Subject to subparagraph (B), the Secretary may authorize a change to a requirement, assumption, or criterion that the Secretary determines as finalized under paragraph (1) or (2)(B).
- “(B) The Secretary shall make changes to a requirement, assumption, or criterion under subparagraph (A) if the Secretary cannot provide adequate protection without making such changes.
- “(C) If the Secretary authorizes a change to a requirement, assumption, or criterion under subparagraph (A) or (B) that will have a material effect on any aspect of the schedule or cost of the Waste Treatment and Immobilization Plant project, the Secretary shall promptly notify the congressional defense committees of such change.
- “(D) The authority of the Secretary under this paragraph may be delegated only to the Deputy Secretary of Energy.”
- (b) Clerical amendment— The table of contents at the beginning of the Atomic Energy Defense Act is amended by inserting after the item relating to section 4444 the following new item:
## Sec. 3115 Enhanced procurement authority to manage supply chain risk — added
- (a) In general— Subtitle A of title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by adding at the end the following:
- “4806. Enhanced procurement authority to manage supply chain risk
- “(a) Authority—Subject to subsection (b), a covered official may—
- “(1) carry out a covered procurement action; and
- “(2) notwithstanding any other provision of law, limit, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.
- “(b) Determination and notification—Before exercising the authority under subsection (a), a covered official shall—
- “(1) obtain a joint recommendation by the Deputy Secretary of Energy and the Chief Information Officer of the Department of Energy, on the basis of a risk assessment conducted by the Office of Intelligence and Counterintelligence of the Department of Energy, that there is a significant supply chain risk to a covered system;
- “(2) make a determination in writing, with the concurrence of the Deputy Secretary of Energy, that—
- “(A) carrying out a covered procurement action under subsection (a)(1) is necessary to protect national security by reducing supply chain risk;
- “(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and
- “(C) if the covered official plans to limit disclosure of information under subsection (a)(2), the risk to national security that may result from the disclosure of such information is greater than such risk that may result from not disclosing such information; and
- “(3) submit to 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 written notification of—
- “(A) the joint recommendation under paragraph (1), including a summary of the risk assessment by the Office of Intelligence and Counterintelligence that serves as the basis for such joint recommendation;
- “(B) the determination under paragraph (2), including—
- “(i) a summary of the basis for such determination; and
- “(ii) a discussion of the less intrusive measures that were considered under subparagraph (B) of such paragraph and the reason that the official determined such measures to not be reasonably available; and
- “(C) the information required by section 2304(f)(3) of title 10, United States Code.
- “(c) Limitation on disclosure—If a covered official exercises the authority under subsection (a), the covered official shall—
- “(1) notify appropriate parties of the covered procurement action and the basis for such action only to the extent necessary to carry out the covered procurement action;
- “(2) notify other elements of the Department of Energy or other departments or agencies of the United States that are responsible for procurement that may be subject to the same or similar supply chain risk of the covered procurement action, consistent with the requirements of national security; and
- “(3) ensure the confidentiality of any notification made under paragraph (1) or (2).
- “(d) Delegation—A covered official may not delegate the authority provided under this section to an official of the Department of Energy below the level of the Deputy Assistant Secretary of Energy.
- “(e) Definitions—In this section:
- “(1) The term covered item of supply means an item that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system.
- “(2) The term “covered official” means any of the following:
- “(A) The Under Secretary of Energy.
- “(B) The Under Secretary of Energy for Science.
- “(C) The Administrator for Nuclear Security.
- “(D) The Administrator of the Energy Information Administration.
- “(E) The Administrator of the Bonneville Power Administration.
- “(F) The Administrator of the Southeastern Power Administration.
- “(G) The Administrator of the Southwestern Power Administration.
- “(H) The Administrator of the Western Area Power Administration.
- “(I) The Chief Information Officer of the Department of Energy.
- “(3) The term covered procurement means—
- “(A) a source selection for a covered system or a covered item of supply involving either a performance specification, as described in paragraph (1)(C)(ii) of section 2305(a) of title 10, United States Code, or an evaluation factor, as described in paragraph (2)(A) of such section, relating to supply chain risk;
- “(B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply if the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or
- “(C) any contract action involving a contract for a covered system or a covered item of supply if such contract includes a clause establishing requirements relating to supply chain risk.
- “(4) The term covered procurement action means, with respect to an action that occurs in the course of conducting a covered procurement, any of the following:
- “(A) The exclusion of a source that fails to meet qualification standards established in accordance with the requirements of section 2319 of title 10, United States Code, for the purpose of reducing supply chain risk in the acquisition of covered systems.
- “(B) The exclusion of a source that fails to achieve an acceptable rating with respect to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
- “(C) The withholding of consent for a contractor to subcontract with a particular source or the direction to a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.
- “(5) The term covered system means—
- “(A) nuclear weapons;
- “(B) components of nuclear weapons;
- “(C) items associated with the design, development, production, and maintenance of nuclear weapons or components of nuclear weapons; and
- “(D) items associated with the surveillance of the nuclear weapon stockpile; and
- “(E) any national security system (as defined in section 3542(b)(2) of title 44, United States Code).
- “(6) The term supply chain risk means the risk that an adversary may sabotage, maliciously introduce an unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.”
- (b) Clerical amendment— The table of contents at the beginning of such Act is amended by inserting after the item relating to section 4805 the following new item:
- (c) Effective date— Section 4806 of the Atomic Energy Defense Act, as added by subsection (a), shall apply with respect to—
- (1) contracts that are awarded on or after the date that is 180 days after the date of the enactment of this Act; and
- (2) task and delivery orders that are issued on or after the date that is 180 days after such date of enactment under contracts awarded before, on, or after such date of enactment.
## Sec. 3116 Limitation on availability of funds for National Nuclear Security Administration — added
- (a) Limitation— Except as provided by subsection (c), of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the National Nuclear Security Administration, $139,500,000 may not be obligated or expended until the date on which the Administrator for Nuclear Security submits to the congressional defense committees—
- (1) a detailed plan to realize the planned efficiencies; and
- (2) written certification that the planned efficiencies will be achieved during fiscal year 2014.
- (b) Unrealized efficiencies— If the Administrator does not submit to the congressional defense committees the matters described in paragraphs (1) and (2) of subsection (a) by the date that is 60 days after the date of the enactment of this Act, the Administrator shall submit to the congressional defense committees a report on—
- (1) the amount of planned efficiencies that will not be realized during fiscal year 2014; and
- (2) any effects caused by such unrealized planned efficiencies to the programs funded under the directed stockpile work and nuclear programs accounts.
- (c) Exception— The limitation in subsection (a) shall not—
- (1) apply to funds authorized to be appropriated for directed stockpile work, nuclear programs, or Naval Reactors; or
- (2) affect the authority of the Secretary under sections 4702, 4705, and 4711 of the Atomic Energy Defense Act (50 U.S.C. 2742, 2745, and 2751).
- (d) Planned efficiencies defined— In this section, the term “planned efficiencies” means the $106,800,000, with respect to directed stockpile work, and $32,700,000, with respect to nuclear programs, that the Administrator plans to save during fiscal year 2014 through management efficiency and workforce restructuring reductions, as described in the budget request for fiscal year 2014 that the President submitted to Congress under section 1105(a) of title 31, United States Code.
## Sec. 3117 Limitation on availability of funds for Office of the Administrator — added
- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Office of the Administrator, not more than 75 percent may be obligated or expended until—
- (1) the President transmits to Congress the matters required to be transmitted during 2013 and 2014 under section 4205(f)(2) of the Atomic Energy Defense Act (50 U.S.C. 2525(f)(2));
- (2) the President transmits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives the matters required to be transmitted during 2013 and 2014 under section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576) with respect to such matters for which the Secretary of Energy is responsible;
- (3) the Administrator for Nuclear Security submits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives the reports required to be submitted during 2013 and 2014 under section 3122(b)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1710); and
- (4) the Administrator submits to the congressional defense committees—
- (A) the detailed report on the stockpile stewardship, management, and infrastructure plan required to be submitted during 2013 under paragraph (2) of section 4203(b) of the Atomic Energy Defense Act (50 U.S.C. 2523(b)(2)); and
- (B) the summary of the plan required to be submitted during 2014 under paragraph (1) of such section.
## Sec. 3118 Limitation on availability of funds for Global Threat Reduction Initiative — added
- (a) Sense of Congress— It is the sense of Congress that, particularly in the current constrained budget environment, the National Nuclear Security Administration should—
- (1) prioritize its primary mission of sustaining and modernizing the nuclear weapons stockpile; and
- (2) shift funding from secondary missions if required to ensure critical nuclear weapons modernization programs stay on schedule and deliver nuclear warheads needed to support the military requirements of the United States.
- (b) Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Global Threat Reduction Initiative of the National Nuclear Security Administration, not more than 80 percent may be obligated or expended unless, by not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security certifies to the congressional defense committees that the B61 life extension program will deliver a first production unit in fiscal year 2019.
- (c) Exception— The limitation in subsection (b) shall not affect the authority of the Secretary under Section 4702 of the AEDA (50 U.S.C. 2742).
## Sec. 3119 Establishment of Center for Security Technology, Analysis, Testing, and Response — added
- (a) Establishment— The Administrator for Nuclear Security shall establish within the nuclear security enterprise (as defined in section 4002(5) of the Atomic Energy Defense Act (50 U.S.C. 2501(5)) a Center for Security Technology, Analysis, Testing, and Response.
- (b) Duties— The center established under subsection (a) shall carry out the following:
- (1) Provide to the Administrator, the Chief of Defense Nuclear Security, and the management and operating contractors of the nuclear security enterprise a wide range of objective expertise on security technologies, systems, analysis, testing, and response forces.
- (2) Assist the Administrator in developing standards, requirements, analysis methods, and testing criteria with respect to security.
- (3) Collect, analyze, and distribute lessons learned with respect to security.
- (4) Support inspections and oversight activities with respect to security.
- (5) Promote professional development and training for security professionals.
- (6) Provide for advance and bulk procurement for security-related acquisitions that affect multiple facilities of the nuclear security enterprise.
- (7) Advocate for continual improvement and security excellence throughout the nuclear security enterprise.
## Sec. 3120 Cost-benefit analyses for competition of management and operating contracts — added
- (a) Bid protest— Subsection (a) of section 3121 of the National Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2175) is amended by inserting “or the date on which a protest with respect to such a contract is resolved” before the period at the end.
- (b) Expected cost savings— Subsection (b)(1) of such section is amended by inserting “, including a description of the assumptions used and analysis conducted to determine such expected cost savings” before the semicolon.
- (c) Naval reactors— Subsection (d) of such section is amended by adding at the end the following new paragraph:
- “(3) Naval reactors—The requirement for reports under subsection (a) shall not apply with respect to a management and operations contract for a Naval Reactor facility.”
## Sec. 3121 W88–1 warhead and W78–1 warhead life extension options — added
- In carrying out Phase 6.2 and Phase 6.2A of the Joint W78/88–1 Warhead Life Extension Program, the Secretary of Defense and the Secretary of Energy, acting through the Nuclear Weapons Council established by section 179 of title 10, United States Code, shall include during such phases a full analysis of feasibility, design definition, and cost estimation for each of the following life extension options:
- (1) A separate life extension option to produce a W78–1 warhead.
- (2) A separate life extension option to produce a W88–1 warhead.
- (3) An interoperable W78/88–1 life extension option.
- (4) Any other option that the Nuclear Weapons Council considers appropriate.
## Sec. 3122 Extension of principles of pilot program to additional facilities of the nuclear security enterprise — added
- (a) Findings— Congress finds the following:
- (1) 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.
- (2) 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”.
- (3) 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.
- (4) 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.
- (5) 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 several business areas, this reduction was accomplished by moving toward the use of metrics and benchmarks rather than transactional oversight.”.
- (6) 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.
- (7) 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.”.
- (b) Extension of policies—
- (1) In general— Except as provided by paragraph (2), the Administrator for Nuclear Security shall—
- (A) ensure that the principles of the pilot program are permanently implemented at the Kansas City Plant of the National Nuclear Security Administration; and
- (B) 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.
- (2) Exemption— In carrying out the extension of the principles of the pilot program pursuant to subparagraph (A) and (B) of paragraph (1), the Administrator—
- (A) may exempt high-hazard or high-risk activities from such extension;
- (B) shall exempt nuclear operations from such extension; and
- (C) shall focus the initial extension of such principles on low-risk, high-reward initiatives.
- (3) Implementation—
- (A) 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—
- (i) 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
- (ii) Federal oversight mechanisms are in place and sufficiently mature to enable the extension without undue risk.
- (B) If the Administrator cannot make a certification under subparagraph (A) with respect to a facility—
- (i) 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
- (ii) 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—
- (I) the improvements to processes, procedures, and performance that are required to make such certification;
- (II) a plan with respect to the activities that the Administrator will carry out to make such improvements; and
- (III) the date by which the Administrator expects to make such certification and extend the principles of the pilot program.
- (4) Definitions— In this subsection:
- (A) The term “appropriate congressional committees” means the following:
- (i) The congressional defense committees.
- (ii) The Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
- (B) 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. 3131 Annual report and certification on status of the security of the nuclear security enterprise — added
- (a) In general— Section 4506 of the Atomic Energy Defense Act (50 U.S.C. 2657) is amended to read as follows:
- “4506. Annual report and certification on status of the security of the nuclear security enterprise
- “Not later than September 30 of each year, the Administrator shall submit to the Secretary of Energy and to the congressional defense committees—
- “(1) a report detailing the status of the security of the nuclear security enterprise, including the status of the security of special nuclear material, nuclear weapons, and classified information at each nuclear weapons production facility and national security laboratory; and
- “(2) written certification that the special nuclear material, nuclear weapons, and classified information in the custody of the Administration are secure.”
- (b) Clerical amendment— The table of contents at the beginning of such Act is amended by striking the item relating to section 4506 and inserting the following new item:
## Sec. 3132 Modifications to annual reports regarding the condition of the nuclear weapons stockpile — added
- (a) Report on assessments— Subsection (e) of section 4205 of the Atomic Energy Defense Act (50 U.S.C. 2525) is amended—
- (1) in paragraph (3)—
- (A) in subparagraph (C), by striking “; and” and inserting a semicolon;
- (B) in subparagraph (D), by striking the period at the end and inserting “; and”; and
- (C) by adding at the end the following new subparagraph:
- “(E) a concise summary of any significant finding investigations initiated or active during the previous year for which the head of the national security laboratory has full or partial responsibility.”
- (2) by amending paragraph (4) to read as follows:
- “(4) In the case of a report submitted by the Commander of the United States Strategic Command—
- “(A) a discussion of the relative merits of other nuclear weapon types (if any), or compensatory measures (if any) that could be taken, that could enable accomplishment of the missions of the nuclear weapon types to which the assessments relate, should such assessments identify any deficiency with respect to such nuclear weapon types; and
- “(B) a summary of all major assembly releases in place as of the date of the report for the active and inactive nuclear weapon stockpiles.”
- (b) Reports submitted to the President and Congress— Subsection (f) of such section is amended by adding at the end the following new paragraph:
- “(3) If the President does not forward to Congress the matters required under paragraph (2) by the date required under such paragraph, each official specified in subsection (b) shall submit to the congressional defense committees the report, without change, that the official submitted to the Secretary concerned under subsection (e).”
## Sec. 3133 Repeal of certain reporting requirements — added
- (a) Report on counterintelligence and security practices at national laboratories—
- (1) In general— Section 4507 of the Atomic Energy Defense Act (50 U.S.C. 2658) is repealed.
- (2) Clerical amendment— The table of contents at the beginning of the Atomic Energy Defense Act is amended by striking the item relating to section 4507.
- (b) Reports on advanced supercomputer sales to certain foreign nations— Section 3157 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. App. 2404 note) is repealed.
## Sec. 3141 Congressional advisory panel on the governance of the nuclear security enterprise — added
- Section 3166 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2208) is amended—
- (1) in subsection (d)—
- (A) in paragraph (1), by striking “180 days after the date of the enactment of this Act” and inserting “October 1, 2013”; and
- (B) in paragraph (2), by striking “February 1, 2014” and inserting “March 1, 2014”; and
- (2) by amending subsection (f) to read as follows:
- “(f) Termination
- “(1) In general—The advisory panel shall terminate not later than September 30, 2014.
- “(2) Final report—Before terminating, the advisory panel may submit to the officials and committees specified in subsection (d)(1) a final report that includes a summary of the activities and recommendations of the advisory panel and such other matters as the advisory panel considers appropriate.”
## Sec. 3142 Study of potential reuse of nuclear weapon secondaries — added
- (a) Study— Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall conduct a study of the potential reuse of nuclear weapon secondaries that includes an assessment of the potential for reusing secondaries in future life extension programs, including—
- (1) a description of which secondaries could be reused;
- (2) the number of such secondaries available in the stockpile as of the date of the study; and
- (3) the number of such secondaries that are planned to be available after such date as a result of the dismantlement of nuclear weapons.
- (b) Matters included— The study under subsection (a) shall include the following:
- (1) The feasibility and practicability of potential full or partial reuse options with respect to nuclear weapon secondaries.
- (2) The benefits and risks of reusing such secondaries.
- (3) A list of technical challenges that must be resolved to certify aged materials under dynamic loading conditions and the full stockpile-to-target sequence of weapons, including a program plan and timeline for resolving such technical challenges and an assessment of the importance of resolving outstanding materials issues on certifying aged secondaries.
- (4) The potential costs and cost savings of such reuse.
- (5) The effects of such reuse on the requirements for secondaries manufacturing.
- (6) An assessment of how such reuse affects plans to build a responsive nuclear weapons infrastructure.
- (c) Submission— Not later than March 1, 2014, the Administrator shall submit to the congressional defense committees the study under subsection (a).
## Sec. 3143 Clarification of role of Secretary of Energy — added
- The amendment made by section 3113 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2169) to section 4102 of the Atomic Energy Defense Act (50 U.S.C. 2512) may not be construed as affecting the authority of the Secretary of Energy, in carrying out national security programs, with respect to the management, planning, and oversight of the National Nuclear Security Administration or as affecting the delegation by the Secretary of Energy of authority to carry out such activities, as set forth under subsection (a) of such section 4102 as it existed before the amendment made by such section 3113.
## Sec. 3144 Technical amendment to Atomic Energy Act of 1954 — added
- Chapter 10 of the Atomic Energy Act of 1954 (42 U.S.C. 2131 et seq.), as amended by section 3176 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2215), is amended in the matter following section 111 by inserting before “a. The Commission” the following: “Sec. 112. Domestic medical isotope production.—”.
## Sec. 3201 Authorization — added
- There is authorized to be appropriated for fiscal year 2014 $29,915,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
## Sec. 3202 Improvements to the Defense Nuclear Facilities Safety Board — added
- (a) Cost-benefit analysis— Subsection (a) of section 315 of the Atomic Energy Act of 1954 (42 U.S.C. 2286d(a)) is amended—
- (1) by redesignating paragraph (3) as paragraph (4); and
- (2) 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).”
- (b) Recommendations— Paragraph (5) of section 312(b) of such Act (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. 3401 Authorization of appropriations — added
- (a) Amount— There are hereby authorized to be appropriated to the Secretary of Energy $20,000,000 for fiscal year 2014 for the purpose of carrying out activities under chapter 641 of title 10, United States Code, relating to the naval petroleum reserves.
- (b) Period of availability— Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.
## Sec. 3501 Authorization of appropriations for national security aspects of the Merchant Marine for fiscal year 2014 — added
- Funds are hereby authorized to be appropriated for fiscal year 2014, to be available without fiscal year limitation if so provided in appropriations Acts, for the use of the Department of Transportation for Maritime Administration programs associated with maintaining national security aspects of the merchant marine, as follows:
- (1) For expenses necessary for operations of the United States Merchant Marine Academy, $81,268,000, of which—
- (A) $67,268,000 shall remain available until expended for Academy operations; and
- (B) $14,000,000 shall remain available until expended for capital asset management at the Academy.
- (2) For expenses necessary to support the State maritime academies, $17,100,000, of which—
- (A) $2,400,000 shall remain available until expended for student incentive payments;
- (B) $3,600,000 shall remain available until expended for direct payments to such academies; and
- (C) $11,100,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels.
- (3) For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $2,000,000, to remain available until expended.
- (4) For expenses to maintain and preserve a United States-flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $183,000,000.
- (5) For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under the program authorized by chapter 537 of title 46, United States Code, $72,655,000, of which $2,655,000 shall remain available until expended for administrative expenses of the program.
## Sec. 3502 5-year reauthorization of vessel war risk insurance program — added
- Section 53912 of title 46, United States Code, is amended by striking “December 31, 2015” and inserting “December 31, 2020”.
## Sec. 3503 Sense of Congress — added
- (a) Findings— Congress finds the following:
- (1) It is in the interest of United States national security that the United States merchant marine, both ships and mariners, serve as a naval auxiliary in times of war or national emergency.
- (2) The readiness of the United States merchant fleet should be augmented by a Government-owned reserve fleet comprised of ships with national defense features that may not be available immediately in sufficient numbers or types in the active United States-owned, United States-flagged, and United States-crewed commercial industry.
- (3) The Ready Reserve Force of the Maritime Administration, a component of the National Defense Reserve Fleet, plays an important role in United States national security by providing necessary readiness and efficiency in the form of a Government-owned sealift fleet.
- (b) Sense of Congress— It is the sense of Congress that—
- (1) maintaining a United States shipbuilding base is critical to meeting United States national security requirements;
- (2) it is of vital importance that the Ready Reserve Force of the Maritime Administration remains capable, modern, and efficient in order to best serve the national security needs of the United States in times of war or national emergency;
- (3) Federal agencies must consider investment options for replacing aging vessels within the Ready Reserve Force to meet future operational commitments;
- (4) investment in recapitalizing the Ready Reserve Force may include—
- (A) construction of dual-use vessels, based on need, for use in the America’s Marine Highway Program of the Department of Transportation, as a recent study performed under a cooperative agreement between the Maritime Administration and the Navy demonstrated that dual-use vessels transporting domestic freight between United States ports could be called upon to supplement sealift capacity;
- (B) construction of tanker vessels to meet military transport needs; and
- (C) construction of vessels for use in transporting potential new energy exports; and
- (5) the Department of Transportation, in consultation with the Navy, should pursue the most cost-effective means of recapitalizing the Ready Reserve Force, including by promoting the building of new vessels that are militarily useful and commercially viable.
## Sec. 4001 Authorization of amounts in funding tables — added
- (a) In general— Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.
- (b) Merit-based decisions— A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—
- (1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and
- (2) comply with other applicable provisions of law.
- (c) Relationship to transfer and programming authority— An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1522 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
- (d) Applicability to classified annex— This section applies to any classified annex that accompanies this Act.
- (e) Oral and written communications— No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.
## Sec. 4101 PROCUREMENT — added
## Sec. 4102 PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS — added
## Sec. 4201 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION — added
## Sec. 4202 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS — added
## Sec. 4301 OPERATION AND MAINTENANCE — added
## Sec. 4302 OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS — added
## Sec. 4401 MILITARY PERSONNEL — added
## Sec. 4402 MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS — added
## Sec. 4501 OTHER AUTHORIZATIONS — added
## Sec. 4502 OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS — added
## Sec. 4601 MILITARY CONSTRUCTION — added
## Sec. 4701 DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS — added