H.R. 3304 — what changed

added The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about December 11, 2013, by the Chairman of the Committee on Armed Services of the House of Representatives, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference.

added Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

added “(a) Limitation

added “(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)).

added “(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 $11,498,000,000 (as adjusted pursuant to subsection (b)).”

added “(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 solely to an urgent and unforeseen requirement identified as a result of the shipboard test program.”

added “(e) Limitation on shipboard test program cost adjustment—With respect to using the authority under subsection (b)(7) to adjust the amount set forth in subsection (a)(1) for the aircraft carrier designated as CVN–78 for reasons relating to an urgent and unforeseen requirement identified as a result of the shipboard test program, the Secretary may only use such authority if—

added “(1) the Secretary determines, and certifies to the congressional defense committees, that such requirement was not known before the date of the submittal to Congress of the budget for fiscal year 2014 (as submitted pursuant to section 1105 of title 31, United States Code);

added “(2) the Secretary determines, and certifies to the congressional defense committees, that waiting on an action by Congress to raise the cost cap specified in such subsection (a)(1) to account for such requirement will result in a delay in the delivery of that ship or a delay in the date of initial operating capability of that ship; and

added “(3) the Secretary submits to the congressional defense committees a report setting forth a description of such requirement before the obligation of additional funds pursuant to such authority.”

added “(f) Requirements for CVN–79

added “(1) Quarterly cost estimate—The Secretary of the Navy shall submit to the congressional defense committees on a quarterly basis a report setting forth the most current cost estimate for the aircraft carrier designated as CVN–79 (as estimated by the program manager). Each cost estimate shall include the current percentage of completion of the program, the total costs incurred, and an estimate of costs at completion for ship construction, Government-furnished equipment, and engineering and support costs.

added “(2) Direction for negotiating certain contracts—The Secretary shall ensure that each prime contract for the aircraft carrier designated as CVN–79 includes an incentive fee structure that will, throughout the period of performance of the contract, provide incentives for each contractor to meet the portion of the cost of the ship, as limited by subsection (a)(2) and adjusted pursuant to subsection (b), for which the contractor is responsible.”

added “122. Adherence to Navy cost estimates for CVN–78 class of aircraft carriers”

added Section 125 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2214; 10 U.S.C. 7291 note) is repealed.

added Section 135 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 amended—

added None of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) for aircraft procurement, Air Force, that remain available to the Secretary of the Air Force on or after the date of the enactment of this Act may be obligated or expended for the procurement of additional C-27J aircraft that are not on contract as of June 1, 2013.

added “236. Personal protection equipment procurement: display of budget information

added “(a) Budget justification display—The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for each fiscal year after fiscal year 2014, a consolidated budget justification display that covers all programs and activities associated with the procurement of personal protection equipment during the period covered by the future-years defense program submitted in that fiscal year under section 221.

added “(b) Requirements for budget display—The consolidated budget justification display under subsection (a) for a fiscal year shall include the following:

added “(1) The amount for personal protection equipment included in both the base budget of the President and any overseas contingency operations budget of the President.

added “(2) A brief description of each category of personal protection equipment for each military department planned to be procured and developed.

added “(3) For each category planned to be procured using funds made available for operation and maintenance (whether under the base budget or any overseas contingency operations budget)—

added “(A) the relevant appropriations account, budget activity, and subactivity group for the category; and

added “(B) the funding profile for the fiscal year as requested, including cost and quantities, and an estimate of projected investments or procurements for each of the subsequent five fiscal years.

added “(4) For each category planned to be developed using funds made available for research, development, test, and evaluation (whether under the base budget or any overseas contingency operations budget)—

added “(A) the relevant appropriations account, program, project or activity; program element number, and line number; and

added “(B) the funding profile for the fiscal year as requested and an estimate of projected investments for each of the subsequent five fiscal years.

added “(c) Definitions—In this section:

added “(1) The terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title.

added “(2) The term category of personal protection equipment means the following:

added “(A) Body armor components.

added “(B) Combat helmets.

added “(C) Combat protective eyewear.

added “(D) Other items as determined appropriate by the Secretary.”

added Section 122 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4157) is amended—

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 4201.

added “(1) The strategic objectives of that agency, and the linkage between such objectives and the missions of the armed forces.”

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:

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 85 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—

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 Chairman of the Joint Chiefs of Staff submits to the congressional defense committees written certification that—

added “(e) Operations and sustainment cost estimates—The Director shall ensure that each life-cycle cost estimate included in an acquisition baseline pursuant to subsection (b)(3)(A) includes—

added “(1) all of the operations and sustainment costs for which the Director is responsible; and

added “(2) a description of the operations and sustainment functions and costs for which a military department is responsible.”

added 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.

added Not later than 180 days after the completion of the site evaluation study required by subsection (a) of section 227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1678), and again one year after such date, the Secretary of Defense shall provide to the congressional defense committees a detailed briefing on the current status of efforts and plans to implement the requirements of such section, including—

added It is the sense of Congress that—

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 intercept 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.

added “189. Communications Security Review and Advisory Board

added “(a) Establishment—There shall be in the Department of Defense a Communications Security Review and Advisory Board (in this section referred to as the “Board”) to review and assess the communications security, cryptographic modernization, and related key management activities of the Department and provide advice to the Secretary with respect to such activities.

added “(b) Members

added “(1) The Secretary shall determine the number of members of the Board.

added “(2) The Chief Information Officer of the Department of Defense shall serve as chairman of the Board.

added “(3) 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.

added “(c) Responsibilities—The Board shall—

added “(1) monitor the overall communications security, cryptographic modernization, and key management efforts of the Department, including activities under major defense acquisition programs (as defined in section 139c of this title), by—

added “(A) requiring each Chief Information Officer of each military department to report the communications security activities of the military department to the Board;

added “(B) tracking compliance of each military department with respect to communications security modernization efforts;

added “(C) validating lifecycle communications security modernization plans for major defense acquisition programs;

added “(2) validate the need to replace cryptographic equipment based on the expiration dates of the equipment and evaluate the risks of continuing to use cryptographic equipment after such expiration dates;

added “(3) convene in-depth program reviews for specific cryptographic modernization developments with respect to validating requirements and identifying programmatic risks;

added “(4) develop a long-term roadmap for communications security to identify potential issues and ensure synchronization with major planning documents; and

added “(5) advise the Secretary on the cryptographic posture of the Department, including budgetary recommendations.

added “(d) Exclusion of certain programs—The Board shall not include the consideration of 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.”

added “(b) Availability of funds for infrastructure projects

added “(1) In general—Subject to the provisions of this subsection, funds available under a mechanism under subsection (a)(1)(D) that are solely intended to carry out a laboratory infrastructure project shall be available for such project until expended.

added “(2) Prior notice of costs of projects—Funds shall be available in accordance with paragraph (1) for a project referred to in such paragraph only if the Secretary notifies the congressional defense committees of the total cost of the project before the date on which the Secretary uses a mechanism under subsection (a)(1)(D) for such project.

added “(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.

added “(4) Cost limit compliance—The Secretary shall ensure that a project referred to in paragraph (1) for which funds are made available in accordance with such paragraph complies with the applicable cost limitations in the following provisions of law:

added “(A) Section 2805(d) of title 10, United States Code, with respect to revitalization and recapitalization projects.

added “(B) Section 2811 of such title, with respect to repair projects.”

added Section 2374a(f) of title 10, United States Code, is amended by striking “September 30, 2013” and inserting “September 30, 2018”.

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”.

added 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.

added It is the sense of the Congress that—

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 4301.

added Section 138c(e) of title 10, United States Code, is amended—

added “(6) The report required by paragraph (4) for a fiscal year shall be submitted by the later of the following dates:

added “(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.

added “(B) March 31 of the previous fiscal year.”

added “(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.”

added 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”.

added Section 317(c)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2249; 10 U.S.C. 2701 note) is amended—

added “(C) tires;

added “(D) treated wood;

added “(E) batteries;

added “(F) plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream;

added “(G) munitions and explosives, except when disposed of in compliance with guidance on the destruction of munitions and explosives contained in the Department of Defense Ammunition and Explosives Safety Standards, DoD Manual 6055.09-M;

added “(H) compressed gas cylinders, unless empty with valves removed;

added “(I) fuel containers, unless completely evacuated of its contents;

added “(J) aerosol cans;

added “(K) polychlorinated biphenyls;

added “(L) petroleum, oils, and lubricants products (other than waste fuel for initial combustion);

added “(M) asbestos;

added “(N) mercury;

added “(O) foam tent material;

added “(P) any item containing any of the materials referred to in a preceding paragraph; and”

added “(a) Policy required

added “(1) In general—The Secretary of Defense shall maintain a strategic policy on the programs of the Department of Defense for prepositioned materiel and equipment. Such policy shall take into account national security threats, strategic mobility, service requirements, and the requirements of the combatant commands, and shall address how the Department’s prepositioning programs, both ground and afloat, align with national defense strategies and departmental priorities.

added “(2) Elements—The strategic policy required under paragraph (1) shall include the following elements:

added “(A) Overarching strategic guidance concerning planning and resource priorities that link the Department of Defense’s current and future needs for prepositioned stocks, such as desired responsiveness, to evolving national defense objectives.

added “(B) A description of the Department’s vision for prepositioning programs and the desired end state.

added “(C) Specific interim goals demonstrating how the vision and end state will be achieved.

added “(D) A description of the strategic environment, requirements for, and challenges associated with, prepositioning.

added “(E) Metrics for how the Department will evaluate the extent to which prepositioned assets are achieving defense objectives.

added “(F) A framework for joint departmental oversight that reviews and synchronizes the military services’ prepositioning strategies to minimize potentially duplicative efforts and maximize efficiencies in prepositioned materiel and equipment across the Department of Defense.

added “(3) Joint oversight—The Secretary of Defense shall establish joint oversight of the military services’ prepositioning efforts to maximize efficiencies across the Department of Defense.”

added “(2) Personnel turbulence

added “(A) Recruit quality.

added “(B) Personnel assigned to a unit but not trained for the level of assigned responsibility or mission.

added “(C) Fitness for deployment.

added “(D) Recruiting and retention status.”

added “(e) Logistics indicators—The reports for the second and fourth quarters of a calendar year shall also include information regarding the active components of the armed forces (and an evaluation of such information) with respect to each of the following logistics indicators:”

added “(B) Equipment not available due to a lack of supplies or parts.”

added “(h) Combatant command assigned mission assessments

added “(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.

added “(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.

added “(i) 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”.

added “(j) Combat support agencies assessment

added “(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—

added “(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—

added “(i) a list of mission essential tasks and an assessment of the ability of the agency to successfully perform those tasks;

added “(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;

added “(iii) any readiness deficiencies and actions recommended to address such deficiencies; and

added “(iv) key indicators and other relevant information related to any deficiency or other problem identified;

added “(B) any recommendations that the Secretary considers appropriate.

added “(2) In this subsection, the term “combat support agency” means any of the following Defense Agencies:

added “(A) The Defense Information Systems Agency.

added “(B) The Defense Intelligence Agency.

added “(C) The Defense Logistics Agency.

added “(D) The National Geospatial-Intelligence Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense).

added “(E) The Defense Contract Management Agency.

added “(F) The Defense Threat Reduction Agency.

added “(G) The National Reconnaissance Office.

added “(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.

added “(I) Any other Defense Agency designated as a combat support agency by the Secretary of Defense.

added “(k) Major exercise assessments

added “(1) Each report shall also include an after-action assessment of each major exercise by the commander of the geographic or functional combatant command concerned or the chief of the military service concerned, as appropriate, that includes—

added “(A) a brief description of the exercise;

added “(B) planned training objectives for the exercise;

added “(C) a full summary of cost associated with the exercise, including in-kind and direct contributions to allies and partners; and

added “(D) an executive summary of the lessons learned and training objectives met by conducting the exercise.

added “(2) In this subsection, the term “major exercise” means a named major training event, an integrated or joint exercise, or a unilateral major exercise.”

added “(2) the Secretary of the Army to meet the requirements of the Army, and the Secretary of the Navy to meet the requirements of the Marine Corps, for that fiscal year, in addition to the requirements under paragraph (1), for the reconstitution of equipment and materiel in prepositioned stocks in accordance with requirements under the policy or strategy implemented under the guidelines in section 2229 of title 10, United States Code.”

added “(B) the Army and the Marine Corps for the reconstitution of equipment and materiel in prepositioned stocks.”

added “(c) Contingency operation defined—In this section, the term contingency operation has the meaning given that term in section 101(a)(13) of title 10, United States Code.”

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.”.

added Section 903(b)(5) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2228 note) is amended—

added “(B) The report required under subparagraph (A) shall—

added “(i) provide a clear linkage between the corrosion control and prevention program of the military department and the overarching goals and objectives of the long-term corrosion control and prevention strategy developed and implemented by the Secretary of Defense under section 2228(d) of title 10, United States Code; and

added “(ii) include performance measures to ensure that the corrosion control and prevention program is achieving the goals and objectives described in clause (i).”

added The Secretary of Defense shall certify to the congressional defense committees, prior to taking any action to realign forces at Lajes Air Force Base, Azores, that the action is supported by a European Infrastructure Consolidation Assessment initiated by the Secretary of Defense on January 25, 2013. The certification shall include a specific assessment of the efficacy of Lajes Air Force Base, Azores, in support of the United States overseas force posture.

added If, during fiscal year 2014 or 2015, any performance by a flight demonstration team under the jurisdiction of the Secretary of Defense that is scheduled for a location within the United States is cancelled by reason of budget reductions made pursuant to an order for sequestration issued by the President under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, then no such flight demonstration team may perform at any location outside the United States during such fiscal year.

added Section 974 of title 10, United States Code, is amended—

added “(d) Private donations

added “(1) The Secretary concerned may accept contributions of money, personal property, or services on the condition that such money, property, or services be used for the benefit of a military musical unit under the jurisdiction of the Secretary.

added “(2) Any contribution of money under paragraph (1) shall be credited to the appropriation or account providing the funds for such military musical unit. Any amount so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account.

added “(3) Not later than January 30 of each year, the Secretary concerned shall submit to Congress a report on any contributions of money, personal property, and services accepted under paragraph (1) during the fiscal year preceding the fiscal year during which the report is submitted.”

added The Armed Forces are authorized strengths for active duty personnel as of September 30, 2014, as follows:

added “(1) For the Army, 510,000.

added “(2) For the Navy, 323,600.

added “(3) For the Marine Corps, 188,000.

added “(4) For the Air Force, 327,600.”

added Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2014, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

added The minimum number of military technicians (dual status) as of the last day of fiscal year 2014 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

added During fiscal year 2014, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

added “(h) Active-duty baseline

added “(1) Notice and wait requirement—If the Secretary of a military department proposes an action that would increase above the baseline the number of general officers or flag officers of an armed force under the jurisdiction of that Secretary who would be on active duty and would count against the statutory limit applicable to that armed force under subsection (a), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which the Secretary provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the House of Representatives and the Senate.

added “(2) Baseline defined—For purposes of paragraph (1), the term “baseline” for an armed force means the lower of—

added “(A) the statutory limit of general officers or flag officers of that armed force under subsection (a); or

added “(B) the actual number of general officers or flag officers of that armed force who, as of January 1, 2014, counted toward the statutory limit of general officers or flag officers of that armed force under subsection (a).

added “(3) Limitation—If, at any time, the actual number of general officers or flag officers of an armed force who count toward the statutory limit of general officers or flag officers of that armed force under subsection (a) exceeds such statutory limit, then no increase described in paragraph (1) for that armed force may occur until the general officer or flag officer total for that armed force is reduced below such statutory limit.

added “(i) joint duty assignment baseline

added “(1) Notice and wait requirement—If the Secretary of Defense, the Secretary of a military department, or the Chairman of the Joint Chiefs of Staff proposes an action that would increase above the baseline the number of general officers and flag officers of the armed forces in joint duty assignments who count against the statutory limit under subsection (b)(1), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which the Secretary or Chairman, as the case may be, provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the House of Representatives and the Senate.

added “(2) Baseline defined—For purposes of paragraph (1), the term “baseline” means the lower of—

added “(A) the statutory limit on general officer and flag officer positions that are joint duty assignments under subsection (b)(1); or

added “(B) the actual number of general officers and flag officers who, as of January 1, 2014, were in joint duty assignments counted toward the statutory limit under subsection (b)(1).

added “(3) Limitation—If, at any time, the actual number of general officers and flag officers in joint duty assignments counted toward the statutory limit under subsection (b)(1) exceeds such statutory limit, then no increase described in paragraph (1) may occur until the number of general officers and flag officers in joint duty assignments is reduced below such statutory limit.”

added “(j) Annual report on general officer and flag officer numbers—Not later than March 1, 2015, and each March 1 thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report specifying—

added “(1) the numbers of general officers and flag officers who, as of January 1 of the calendar year in which the report is submitted, counted toward the service-specific limits of subsection (a); and

added “(2) the number of general officers and flag officers in joint duty assignments who, as of such January 1, counted toward the statutory limit under subsection (b)(1).”

added Section 533 of title 10, United States Code, is amended—

added “(g)

added “(1) Under regulations prescribed by the Secretary of Defense, if the Secretary of a military department determines that the number of commissioned officers with cyberspace-related experience or advanced education serving on active duty in an armed force under the jurisdiction of such Secretary is critically below the number needed, such Secretary may credit any person receiving an original appointment with a period of constructive service for the following:

added “(A) Special experience or training in a particular cyberspace-related field if such experience or training is directly related to the operational needs of the armed force concerned.

added “(B) Any period of advanced education in a cyberspace-related field beyond the baccalaureate degree level if such advanced education is directly related to the operational needs of the armed force concerned.

added “(2) Constructive service credited an officer under this subsection shall not exceed one year for each year of special experience, training, or advanced education, and not more than three years total constructive service may be credited.

added “(3) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer.

added “(4) The authority to award constructive service credit under this subsection expires on December 31, 2018.”

added “(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—

added “(A) that of the most junior officer in that grade and competitive category whose name is submitted to the board; and

added “(B) that of the most senior officer in that grade and competitive category whose name is submitted to the board.

added “(3) A list submitted to a board under paragraph (1) may not include an officer who—

added “(A) has been approved for voluntary retirement; or

added “(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.”

added “(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).”

added “(f) Outreach for certain members of the reserve components

added “(1) Upon the request of an adjutant general of a State, the Secretary may share with the adjutant general the contact information of members described in paragraph (2) who reside in such State in order for the adjutant general to include such members in suicide prevention efforts conducted under this section.

added “(2) Members described in this paragraph are—

added “(A) members of the Individual Ready Reserve; and

added “(B) members of a reserve component who are individual mobilization augmentees.”

added “(9) Provide information about disability-related employment and education protections.”

added Section 1177(a)(2) of title 10, United States Code, is amended by inserting after “honorable” the following: “, including an administrative separation in lieu of court-martial,”.

added “(d) Definitions—In this section:

added “(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 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.

added “(2) Military career designator—The term “military career designator” refers to—

added “(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

added “(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.”

added It is the sense of Congress that the Secretaries of the military departments—

added “(4) A person may not be appointed as a judge of the court within seven years after retirement from active duty as a commissioned officer of a regular component of an armed force.”

added “2006a. Assistance for education and training: availability of certain assistance for use only for certain programs of education

added “(a) In general—Effective as of August, 1, 2014, an individual eligible for assistance under a Department of Defense educational assistance program or authority covered by this section may, except as provided in subsection (b), only use such assistance for educational expenses incurred for a program as follows:

added “(1) An eligible program (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) that is offered by an institution of higher education that has entered into, and is complying with, a program participation agreement under section 487 of such Act (20 U.S.C. 1094).

added “(2) In the case of a program designed to prepare individuals for licensure or certification in any State, if the program meets the instructional curriculum licensure or certification requirements of such State.

added “(3) In the case of a program designed to prepare individuals for employment pursuant to standards developed by a State board or agency in an occupation that requires approval or licensure for such employment, if the program is approved or licensed by such State board or agency.

added “(b) Waiver—The Secretary of Defense may, by regulation, authorize the use of educational assistance under a Department of Defense educational assistance program or authority covered by this chapter for educational expenses incurred for a program of education that is not described in subsection (a) if the program—

added “(1) is accredited and approved by a nationally or regionally recognized accrediting agency or association recognized by the Department of Education;

added “(2) was not an eligible program described in subsection (a) at any time during the most recent two-year period;

added “(3) is a program that the Secretary determines would further the purposes of the educational assistance programs or authorities covered by this chapter, or would further the education interests of students eligible for assistance under the such programs or authorities; and

added “(4) the institution providing the program does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.

added “(c) Definitions—In this section:

added “(1) The term Department of Defense educational assistance programs and authorities covered by this section means the programs and authorities as follows:

added “(A) The programs to assist military spouses in achieving education and training to expand employment and portable career opportunities under section 1784a of this title.

added “(B) The authority to pay tuition for off-duty training or education of members of the armed forces under section 2007 of this title.

added “(C) The program of educational assistance for members of the Selected Reserve under chapter 1606 of this title.

added “(D) The program of educational assistance for reserve component members supporting contingency operations and certain other operations under chapter 1607 of this title.

added “(E) Any other program or authority of the Department of Defense for assistance in education or training carried out under the laws administered by the Secretary of Defense that is designated by the Secretary, by regulation, for purposes of this section.

added “(2) The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act for 1965 (20 U.S.C. 1002).”

added Not later than March 1, 2014, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Troops to Teachers program that includes each of the following:

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, after consultation with relevant Federal agencies, shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report addressing—

added Of the amount authorized to be appropriated for fiscal year 2014 pursuant to 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 for payments under section 363 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–77; 20 U.S.C. 7703a).

added “(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.”

added It is the sense of Congress that State courts should not consider a military deployment, including past, present, or future deployment, as the sole factor in determining child custody in a State court proceeding involving a parent who is a member of the Armed Forces. The best interest of the child should always prevail in custody cases, but members of the Armed Forces should not lose custody of their children based solely upon service in the Armed Forces in defense of the United States.

added “1134a. Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll

added “(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”.

added “(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.

added “(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.

added “(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.”

added “(g)

added “(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.

added “(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.”

added Section 1135 of title 10, United States Code, is amended—

added “(b) Prompt replacement required—When a request for the replacement of a military decoration is received under this section or section 3747, 3751, 6253, 8747, or 8751 of this title, the Secretary concerned shall ensure that—

added “(1) all actions to be taken with respect to the request, including verification of the service record of the recipient of the military decoration, are completed within one year; and

added “(2) the replacement military decoration is mailed to the person requesting the replacement military decoration within 90 days after verification of the service record.”

added Section 552(e) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 3741 note) is amended—

added “(2) In addition to the authority provided by paragraph (1), a Medal of Honor may be awarded to a veteran of the Armed Forces who, although not a Jewish-American war veteran or Hispanic-American war veteran described in subsection (b), was identified during the review of service records conducted under subsection (a) and regarding whom the Secretary of Defense submitted, before January 1, 2014, a recommendation to the President that the President award the Medal of Honor to that veteran.”

added 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 containing the results of an assessment of the feasibility of including a 360-degree assessment approach, modeled after the current Department of the Army Multi-Source Assessment and Feedback (MSAF) Program, as part of performance evaluation reports.

added 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 Department of Defense personnel policies regarding members of the Armed Forces infected with human immunodeficiency virus (HIV) or Hepatitis B. The report shall include the following:

added Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report evaluating—

added “(D) the dissemination of appropriate information on the status of missing persons to authorized family members.”

added “(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.”

added “(9) The term survival, evasion, resistance, and escape debriefing 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.”

added Paragraph (6) of section 2111a(f) of title 10, United States Code, is amended to read as follows:

added “(6) The University of North Georgia.”

added “4727. Cemetery concessions contracts

added “(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.

added “(b) Special requirements

added “(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.

added “(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.

added “(c) 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.

added “(d) Special account—All franchise fees (and other monetary consideration) collected by the United States under subsection (c) 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.

added “(e) Concession contract defined—In this section, the term “concession contract” means a contract authorized and entered into under this section.”

added Section 4 of title 4, United States Code, is amended by adding at the end the following new sentence: “Members of the Armed Forces not in uniform and veterans may render the military salute in the manner provided for persons in uniform.”.

added Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2013” and inserting “December 31, 2014”.

added Subsection (c) of section 204 of title 37, United States Code, is amended to read as follows:

added “(c)

added “(1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit.

added “(2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph.

added “(3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessary to carry out this subsection.”

added The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:

added The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:

added The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:

added The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:

added Section 316a(g) of title 37, United States Code is amended by striking “December 31, 2013” and inserting “December 31, 2014”.

added “336. Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps

added “(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).

added “(b) Amount of bonus—The amount of a bonus under subsection (a) may not exceed $5,000.

added “(c) Agreement—A written agreement referred to in subsection (a) is a written agreement by the cadet or midshipman—

added “(1) to complete field training or a practice cruise under section 2104(b)(6)(A)(ii) of title 10;

added “(2) to complete advanced training under chapter 103 of title 10;

added “(3) to accept a commission or appointment as an officer of the armed forces; and

added “(4) to serve on active duty.

added “(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.

added “(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.

added “(f) Regulations—The Secretary concerned shall issue such regulations as may be necessary to carry out this section.

added “(g) Termination of authority—No agreement under this section may be entered into after December 31, 2014.”

added “(B) is eligible for appointment as a Reserve officer for service in a reserve component in a Nurse Corps or as a nurse; and”

added “(B) the participant shall not be eligible to receive such stipend before being appointed as a Reserve officer for service in the Ready Reserve in a Nurse Corps or as a nurse;”

added “(D) the participant shall agree to serve, upon successful completion of the program, one year in the Selected Reserve for each six months, or part thereof, for which the stipend is provided.”

added “(D) the participant shall agree to serve, upon successful completion of the program, one year in the Selected Reserve for each six months, or part thereof, for which the stipend is provided.”

added “(g) Amount of stipend—The amount of a stipend under an agreement under subsection (b), (c), (d), or (f) shall be the stipend rate in effect for participants in the Armed Forces Health Professions Scholarship Program under section 2121(d) of this title.”

added “(g) Reimbursement for travel in connection with leave cancelled due to contingency operations—A member may be reimbursed as specified in regulations prescribed under section 464 of this title for travel and related expenses incurred by the member as a result of the cancellation of previously approved leave when the leave is cancelled in conjunction with the member's participation in a contingency operation and the cancellation occurs within 48 hours of the time the leave would have commenced. The settlement for reimbursement under this subsection is final and conclusive.”

added “(2) Prevention of retired pay inversions for 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, paragraph (1) (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.”

added Section 12731(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(3) The Secretary concerned shall periodically notify each member of the Ready Reserve described by paragraph (2) of the current eligibility age for retired pay of such member under this section, including any reduced eligibility age by reason of the operation of that paragraph. Notice shall be provided by such means as the Secretary considers appropriate taking into account the cost of provision of notice and the convenience of members.”

added Section 1587(b) of title 10, United States Code, is amended by inserting after “take or fail to take” the following: “, or threaten to take or fail to take,”.

added Section 2105(c) of title 5, United States Code, is amended in the matter preceding paragraph (1) by striking “Army and Air Force Motion Picture Service, Navy Ship's Stores Ashore” and inserting “Navy Ships Stores Program”.

added “(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.”