“(7) The amounts of increases or decreases in costs of that ship that are attributable to the shipboard test program.”
“(e) Requirements for CVN–79
“(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 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.
“(2) Limitation—If any report under paragraph (1) includes a cost estimate for CVN–79 in excess of the amount specified in subsection (a)(2), the Secretary may not make any payment of fees under any cost-type or incentive fee contract associated with CVN–79 until the program manager determines that the cost estimate for CVN–79 no longer exceeds the amount specified in subsection (a)(2).”
“122. Adherence to Navy cost estimates for CVN–78 class of aircraft carriers”
“(b) Requirement To maintain capabilities
“(1) Sustainment of US Pacific Command—The Secretary of the Navy shall maintain sufficient numbers of EP–3 Airborne Reconnaissance Integrated Electronic System II (ARIES II) Spiral 3 aircraft and Special Projects Aircraft version P909 to support the wartime operational plans of the United States Pacific Command using realistic basing assumptions.
“(2) Sustainment of EP–3 aircraft for Global Force Management Allocation Plan—The Secretary shall maintain sufficient numbers of EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft and associated personnel to sustain five such aircraft for allocation to the commanders of the combatant commands under the Global Force Management Allocation Plan.
“(3) Intelligence systems—The Secretary shall—
“(A) extend the Spiral 3 Joint Common Configuration upgrade to include the twelfth EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft; and
“(B) correct electronic intelligence system obsolescence deficiencies on the EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft fleet and the Special Projects Aircraft version P909 fleet.
“(4) Requirements of combatant commands for airborne maritime ISR capabilities—The Chairman of the Joint Requirements Oversight Council shall coordinate with the commanders of the combatant commands (and, in particular, with the Commander of the United States Pacific Command and the Commander of the United States Special Operations Command) to determine requirements for the intelligence, surveillance, and reconnaissance capabilities and capacity to be provided by the Special Projects Aircraft version P909 fleet.
“(5) Sustainment of Special Projects Aircraft—The Secretary shall sustain sufficient numbers of Special Projects Aircraft version P909 and associated personnel to satisfy any requirements determined by the Chairman of the Joint Requirements Oversight Council to be met through such aircraft under paragraph (4).
“(6) Termination of certain requirements
“(A) The requirements in paragraphs (1) and (2) shall expire with respect to the EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft when the multi-intelligence Broad Area Maritime System TRITON aircraft with signals intelligence capabilities equal or greater than the EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft reaches Initial Operational Capability (IOC).
“(B) The requirement in paragraph (5) shall expire when the Navy achieves Initial Operational Capability of a system providing capabilities equal to or greater than the Special Projects Aircraft version P909.”
“(1) The strategic objectives of that agency, and the linkage between such objectives and the missions of the armed forces.”
“(2) Personnel turbulence
“(A) Recruit quality.
“(B) Personnel assigned to a unit but not trained for the level of assigned responsibility or mission.
“(C) Fitness for deployment.
“(D) Recruiting and retention status.”
“(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:”
“(B) Equipment not available due to a lack of supplies or parts.”
“(B) The report required under subparagraph (A) shall—
“(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
“(ii) include performance measures to ensure that the corrosion control and prevention program is achieving the goals and objectives described in clause (i).”
“(a) Policy required
“(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.
“(2) Elements—The strategic policy required under paragraph (1) shall include the following elements:
“(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.
“(B) A description of the Department's vision for prepositioning programs and the desired end state.
“(C) Specific interim goals demonstrating how the vision and end state will be achieved.
“(D) A description of the strategic environment, requirements for, and challenges associated with prepositioning.
“(E) Metrics for how the Department will evaluate the extent to which prepositioned assets are achieving defense objectives.
“(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.
“(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.”
“(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.”
“(B) the Army and the Marine Corps for the reconstitution of equipment and materiel in prepositioned stocks.”
“(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.”
“(g)
“(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:
“(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.
“(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.
“(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.
“(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.
“(4) The authority to award constructive service credit under this subsection expires on December 31, 2018.”
“(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.”
“(v) a court, grand jury, or court-martial proceeding, or an authorized official of the Department of Justice or another law enforcement agency; or”
“(C) testimony, or otherwise participating in or assisting in an investigation or proceeding related to a communication under subparagraph (A) or (B), or filing, causing to be filed, participating in, or otherwise assisting in an action brought under this section.”
“(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 disclosed;
“(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.”
“(f) Action in case of violations
“(1) Not later than 30 days after receiving a report from the Inspector General under subsection (e), the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, shall determine whether there is sufficient basis to conclude whether a personnel action prohibited by subsection (b) has occurred, and, if so, shall order such action as is necessary to correct the record of a personnel action prohibited by subsection (b). 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 and the member or former member, a notice of the determination and the reasons for not taking action; or
“(B) refer the report to the appropriate board for the correction of military records for further review under subsection (g).”
“(E) The senior-level course of the School of Advanced Military Studies of the United States Army Command and General Staff College.”
“(3) Enlisted members of the armed forces other than the Air Force who are participating in joint-service medical training and education or are serving as instructors in such joint-service medical training and education.”
“2006a. Assistance for education and training: availability of certain assistance for use only at certain institutions of higher education
“(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 an eligible program (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) that—
“(1) 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);
“(2) in the case of a program designed to prepare individuals for licensure or certification in any State, meets the instructional curriculum licensure or certification requirements of such State; and
“(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, is approved or licensed by such State board or agency.
“(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—
“(1) is accredited and approved by a nationally recognized accrediting agency or association;
“(2) was not an eligible program described in subsection (a) at any time during the most recent two-year period;
“(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;
“(4) in the case of a program that prepares individuals for licensure or certification, includes instructional curriculum that satisfies the licensure or certification requirements of each State represented by the institution as being met by such program;
“(5) in the case of a program designed to prepare a student for employment in a recognized occupation requiring approval or licensure for employment by a State board or agency, the program is approved or licensed by such State board or agency; and
“(6) 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.
“(c) Definitions—In this section:
“(1) The term Department of Defense educational assistance programs and authorities covered by this section means the programs and authorities as follows:
“(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.
“(B) The authority to pay tuition for off-duty training or education of members of the armed forces under section 2007 of this title.
“(C) The program of educational assistance for members of the Selected Reserve under chapter 1606 of this title.
“(D) The program of educational assistance for reserve component members supporting contingency operations and certain other operations under chapter 1607 of this title.
“(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.
“(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).”
“(6) University of North Georgia.”
“657. Prohibition on service in the armed forces by individuals convicted of certain sexual offenses
“(a) Prohibition on commissioning or enlistment—A person who has been convicted of an offense specified in subsection (b) under Federal or State law may not be processed for commissioning or permitted to enlist in the armed forces.
“(b) Covered offenses—An offense specified in this subsection is any felony offense as follows:
“(1) Rape or sexual assault.
“(2) Forcible sodomy.
“(3) Incest.
“(4) An attempt to commit an offense specified in paragraph (1) through (3), as punishable under applicable Federal or State law.”
“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 an offense under section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice) or an attempt to commit such an offense as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or from an 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 determination—A determination described in subsection (a) may be made at any time afer receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator.”
“(1) Oversee development and implementation of the comprehensive policy for the Department of Defense sexual assault prevention and response program, including guidance and assistance for the military departments in addressing matters relating to sexual assault prevention and response.
“(2) Serve as the single point of authority, accountability, and oversight for the sexual assault prevention and response program.
“(3) Undertake responsibility for the oversight of the implementation of the sexual assault prevention and response program by the Armed Forces.
“(4) Collect and maintain data of the military departments on sexual assault in accordance with section 1615.
“(5) Provide oversight to ensure that the military departments maintain documents relating to the following:
“(A) Allegations and complaints of sexual assault involving members of the Armed Forces.
“(B) Courts-martial or trials of members of the Armed Forces for offenses relating to sexual assault.
“(6) Act as liaison between the Department of Defense and other Federal and State agencies on programs and efforts relating to sexual assault prevention and response.
“(7) Oversee development of strategic program guidance and joint planning objectives for resources in support of the sexual assault prevention and response program, and make recommendations on modifications to policy, law, and regulations needed to ensure the continuing availability of such resources.
“(8) Provide to the Secretary of Veterans Affairs any records or documents on sexual assault in the Armed Forces, including restricted reports with the approval of the individuals who filed such reports, that are required by the Secretary for purposes of the administration of the laws administered by the Secretary.”
“1615. Collection and maintenance of data of military departments on sexual assault prevention and response
“In carrying out the requirements of section 1611(b)(4), the Director of the Sexual Assault Prevention and Response Office shall do the following:
“(1) Collect from each military department on a quarterly and annual basis data of such military department on sexual assaults involving members of the Armed Forces in a manner consistent with the policy and procedures developed pursuant to section 586 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 1561 note) that protect the privacy of individuals named in records and the status of records.
“(2) Maintain data collected from the military departments under paragraph (1).
“(3) Assemble from the data collected and maintained under this section quarterly and annual reports on the involvement of members of the Armed Forces in incidents of sexual assault.
“(4) Develop metrics to measure the effectiveness of, and compliance with, training and awareness objectives of the military departments on sexual assault prevention and response.
“(5) Establish categories of information to be provided by the military departments in connection with reports on sexual assault prevention and response, including, but not limited to, the annual reports required by section 1631, and ensure that the submittals of the military departments for purposes of such reports include data within such categories.”
“(5) The case synopsis shall indicate the unit of each member of the Armed Forces accused of committing a sexual assault and the unit of each member of the Armed Forces who is a victim of sexual assault.”
“(2) Availability for members of the National Guard and Reserves—The Secretary of the military department concerned shall ensure that each member of the National Guard or Reserve who—
“(A) is the victim of a sexual assault during the performance of duties as a member of the National Guard or Reserve; or
“(B) is the victim of a sexual assault committed by a member of the National Guard or Reserves,”
“577. Retention of certain forms in connection with Restricted Reports and Unrestricted Reports on sexual assault involving members of the Armed Forces”
“(b) Availability of Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces
“(1) A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault described in paragraph (2) may be provided assistance by a Special Victims' Counsel.
“(2) A sexual assault described in this paragraph is any offense if alleged to have been committed by a member of the armed forces as follows:
“(A) Rape or sexual assault under section 920 of this title (article 120 of the Uniform Code of Military Justice).
“(B) An attempt to commit an offense specified in subparagraph (A) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).
“(3) A member of the armed forces or dependent who is the victim of sexual assault described in paragraph (2) shall be informed of the availability of assistance under paragraph (1) as soon as the member or dependent seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, health care providers, or any other personnel designated by the Secretary of the military department concerned for purposes of this paragraph. The member or dependent shall also be informed that the assistance of a Special Victims' Counsel under paragraph (1) is optional and may be declined, in whole or in part, at any time.
“(4) Assistance of a Special Victims' Counsel under paragraph (1) shall be available to a member or dependent regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the sexual assault.”
“(C) A Special Victims' Counsel.”
“1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, and Special Victims' Counsels”
“(I) An assessment of the means by which the name, if known, and other necessary identifying information of an alleged offender that is collected as part of a restricted report of a sexual assault could be compiled into a protected, searchable database accessible only to military criminal investigators, Sexual Assault Response Coordinators, or other appropriate personnel only for the purposes of identifying individuals who are subjects of multiple accusations of sexual assault and encouraging victims to make an unrestricted report of sexual assault in those cases in order to facilitate increased prosecutions, particularly of serial offenders. The assessment should include an evaluation of the appropriate content to be included in the database, as well as the best means to maintain the privacy of those making a restricted report.”
“(J) An assessment of the effectiveness of the provisions of law on sexual assault prevention and response in the National Defense Authorization Act for Fiscal Year 2014, including the provisions establishing or amending requirements and authorities relating to sexual assault prevention and response.
“(K) An assessment of the potential effectiveness of the provisions of law on sexual assault prevention and response offered by Senators who are members of the Committee on Armed of the Senate in the markup by the Committee of the Bill to enact the National Defense Authorization Act for Fiscal Year 2014, and not adopted by the Committee during that markup for that Bill, including the provisions seeking to establish or amend requirements and authorities relating to sexual assault prevention and response.”
“(J) Monitor and assess the implementation of the provisions of law on judicial proceedings in connection with sexual assault in the National Defense Authorization Act for Fiscal Year 2014, including provisions amending chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and provisions establishing or amending other requirements and authorities relating to such judicial proceedings.
“(K) Assess the potential effectiveness of the provisions of law on judicial proceedings on sexual assault offered by Senators who are members of the Committee on Armed of the Senate in the markup by the Committee of the Bill to enact the National Defense Authorization Act for Fiscal Year 2014, and not adopted by the Committee during that markup for that Bill, including provisions seeking to amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and provisions seeking to establish or amend other requirements and authorities relating to such judicial proceedings.”
“(L) Assess the adequacy of the provision of compensation and restitution for victims of offenses under chapter 47, of title 10, United States Code (the Uniform Code of Military Justice), and develop recommendations on expanding such compensation and restitution, including consideration of the options as follows:
“(i) Providing the forfeited wages of incarcerated members of the Armed Forces to victims of offenses as compensation.
“(ii) Including bodily harm among the injuries meriting compensation for redress under section 939 of title 10, United States Code (article 139 of the Uniform Code of Military Justice).
“(iii) Requiring restitution by members of the Armed Forces to victims of their offenses upon the direction of a court-martial.”
“(c) Process—Process issued”
“(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 trial counsel, counsel for the witness, or outside counsel.”
“(b) While a person subject to this chapter who is found guilty of an offense under section 920, 920b, or 925 of this title (article 120, 120b, or 125) or an attempt to commit such an offense as punishable under section 880 of this title (article 80) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge.”
“856. Art. 56. Maximum and minimum limits”
“(b) A general court-martial”
“(c) Consistent with section 810, 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)).”
“(4)
“(A) In paragraph (3), the term qualified offense means, except as provided in subparagraph (B), an offense under this chapter for which—
“(i) the maximum sentence of confinement that may be adjudged does not exceed one year; and
“(ii) the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months.
“(B) Such term does not include the following:
“(i) An offense under section 920 of this title (article 120).
“(ii) An offense under section 920a of this title (article 120a).
“(iii) An offense under section 920b of this title (article 120b).
“(iv) An offense under section 920c of this title (article 120c).
“(v) Such other offenses as the Secretary of Defense may prescribe by regulation.”
“(5) If the convening authority or other person authorized to act under this section modifies the findings or sentence of a court-martial, such person shall prepare a written explanation for such modification. Such explanation shall be made a part of the record of trial and action thereon.”
“(5)
“(A) If an accused elects to submit matters for consideration by the convening authority under this subsection, a copy of any portion of such matters that refers to a complaining witness shall be provided to the complaining witness before the convening authority takes any action on the findings or sentence under this section.
“(B)
“(i) Upon receipt of matters under this paragraph, a complaining witness shall have 10 days to submit materials in response to such matters to the convening authority.
“(ii) If a complaining witness shows that additional time is required for submission of materials under this subparagraph, the convening authority or other person taking action under this section, for good cause, may extend the applicable period for submission of such materials for not more than an additional 20 days.
“(6) 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 to the convening authority for consideration prior to taking action under this section.
“(7) 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 court-martial.”
“(4) A person may not be appointed as a judge of the court within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.”
“925. Art 125. Forcible sodomy; bestiality
“(a) Forcible sodomy—Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex by force or without the consent of the other person is guilty of forcible sodomy and shall be punished as a court-martial may direct.
“(b) Bestiality—Any person subject to this chapter who engages in unnatural carnal copulation with an animal is guilty of bestiality and shall be punished as a court-martial may direct.
“(c) Scope of offenses—Penetration, however slight, is sufficient to complete an offense under subsection (a) or (b).”
“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.”
“(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.”
“(D) coordination of periodic briefing of families of missing persons about the efforts of the Department of Defense to account for those persons.”
“(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.”
“(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.”
“(B) is eligible for appointment as a Reserve officer for service in a reserve component in a Nurse Corps or as a nurse; and”
“(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; and”
“(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.”
“(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.”
“(3) Payments before election to receive combat-related special compensation
“(A) An election by a member pursuant to paragraph (2) to change from receipt of retired pay in accordance with this section to receipt of special compensation in accordance with section 1413a of this title shall not affect payments made before the date of such election to the member’s spouse or former spouse pursuant to section 1408 of this title of disposable retired pay that a court treated as property for the purpose of issuing a final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such decree.
“(B) In this paragraph:
“(i) The term court has the meaning given such term in section 1408(a)(1) of this title.
“(ii) The term disposable retired pay has the meaning given such term in section 1408(a)(4) of this title.
“(iii) The term final decree has the meaning given such term in section 1408(a)(3) of this title.
“(iv) The term member has the meaning given such term in section 1408(a)(5) of this title.
“(v) The term spouse or former spouse has the meaning given such term in section 1408(a)(6) of this title.”
“(4) Special needs trusts for sole benefit of certain dependent children—Notwithstanding subsection (i), a supplemental or special needs trust established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)) for the sole benefit of a dependent child considered disabled under section 1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who is incapable of self-support because of mental or physical incapacity.”
“(C) a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust has been established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)).”
“(C) In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant.”
“(iii) procedures for determining when annuity payments to a supplemental or special needs trust shall end based on the death or marriage of the dependent child for which the trust was established.”
“(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.”
“(3) In the case of an individual who is treated as a retiree dependent described in paragraph (1)(B) on the date on which the member providing the basis for such individual's dependent status under this section dies or becomes permanently incapacitated, no further certification of the individual as a retiree dependent on the basis of dependency for financial support shall be required or carried out for purposes of this section on or after that date.”
“(7) Enforcement by the Attorney General
“(A) In general—The Attorney General may commence a civil action in any appropriate district court of the United States against any person who—
“(i) engages in a pattern or practice of violating this section; or
“(ii) engages in a violation of this section that raises an issue of general public importance.
“(B) Relief—In a civil action commenced under subparagraph (A), the court—
“(i) may grant any appropriate equitable or declaratory relief with respect to the violation of this section;
“(ii) may award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and
“(iii) may, to vindicate the public interest, assess a civil penalty—
“(I) in an amount not exceeding $110,000 for a first violation; and
“(II) in an amount not exceeding $220,000 for any subsequent violation.
“(C) Intervention—Upon timely application, a person aggrieved by a violation of this section with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under paragraph (5) with respect to that violation, along with costs and a reasonable attorney fee.
“(D) Issuance and service of civil investigative demands—Whenever the Attorney General, or a designee, has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this section, the Attorney General, or a designee, may, before commencing a civil action under subparagraph (A), issue in writing and cause to be served upon such person, a civil investigative demand requiring—
“(i) the production of such documentary material for inspection and copying;
“(ii) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or
“(iii) the production of any combination of such documentary material or answers.
“(E) Relationship to False Claims Act—The statutory provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 of title 31 (known as the “False Claims Act”) shall govern the authority to issue, use, and enforce civil investigative demands under subparagraph (D), except that—
“(i) any reference in that section to false claims law investigators or investigations shall be applied for purposes of subparagraph (D) as referring to investigators or investigations under this section;
“(ii) any reference in that section to interrogatories shall be applied for purposes of subparagraph (D) as referring to written questions and answers to such need not be under oath;
“(iii) the statutory definitions for purposes of that section relating to “false claims law” shall not apply; and
“(iv) provisions of that section relating to qui tam relators shall not apply.”
“(H) The Department of Justice.”
“(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.”
“(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.
“(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.
“(4) The Secretary concerned may pay any other expenses relating to the remains of such a decedent that are 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) Authority to continue certain pilot programs—The Secretary may continue through December 31, 2015, any pilot program carried out under the authority in this section that was ongoing as of December 31, 2012.”
“(i) Defense acquisitions specifically authorized by law
“(1) In the case of the Department of Defense, a multiyear contract in amount equal to or greater than $500,000,000 may not be entered into under this section unless the contract is specifically authorized by law in an Act other than an appropriations Act.
“(2) In submitting a request for a specific authorization by law to carry out a defense acquisition program using multiyear contract authority under this section, the Secretary shall include in the request a report containing preliminary findings of the agency head required in paragraphs (1) through (6) of subsection (a) together with the basis for such findings.
“(3) A multiyear contract may not be entered into under this section for a defense acquisition program that has been specifically authorized by law to be carried out using multiyear contract authority unless the Secretary of Defense certifies in writing, not later than 30 days before entry into the contract, that each of the following conditions is satisfied:
“(A) The Secretary has determined that each of the requirements in paragraphs (1) through (6) of subsection (a) will be met by such contract and has provided the basis for such determination to the congressional defense committees.
“(B) The Secretary's determination under subparagraph (A) was made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Analysis and such analysis supports the findings.
“(C) The system being acquired pursuant to such contract has not been determined to have experienced cost growth in excess of the critical cost growth threshold pursuant to section 2433(d) of this title within 5 years prior to the date the Secretary anticipates such contract (or a contract for advance procurement entered into consistent with the authorization for such contract) will be awarded.
“(D) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most current estimates of the program acquisition unit cost or procurement unit cost for such system to determine that current estimates of such unit costs are realistic.
“(E) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required to execute the program without cancellation.
“(F) The contract is a fixed price type contract.
“(G) The proposed multiyear contract provides for production at not less than minimum economic rates given the existing tooling and facilities.
“(4) If for any fiscal year a multiyear contract to be entered into under this section is authorized by law for a particular procurement program and that authorization is subject to certain conditions established by law (including a condition as to cost savings to be achieved under the multiyear contract in comparison to specified other contracts) and if it appears (after negotiations with contractors) that such savings cannot be achieved, but that substantial savings could nevertheless be achieved through the use of a multiyear contract rather than specified other contracts, the President may submit to Congress a request for relief from the specified cost savings that must be achieved through multiyear contracting for that program. Any such request by the President shall include details about the request for a multiyear contract, including details about the negotiated contract terms and conditions.
“(5)
“(A) The Secretary may obligate funds for procurement of an end item under a multiyear contract for the purchase of property only for procurement of a complete and usable end item.
“(B) The Secretary may obligate funds appropriated for any fiscal year for advance procurement under a contract for the purchase of property only for the procurement of those long-lead items necessary in order to meet a planned delivery schedule for complete major end items that are programmed under the contract to be acquired with funds appropriated for a subsequent fiscal year (including an economic order quantity of such long-lead items when authorized by law).
“(6) The Secretary may make the certification under paragraph (3) notwithstanding the fact that one or more of the conditions of such certification are not met, if the Secretary determines that, due to exceptional circumstances, proceeding with a multiyear contract under this section is in the best interest of the Department of Defense and the Secretary provides the basis for such determination with the certification.
“(7) The Secretary may not delegate the authority to make the certification under paragraph (3) or the determination under paragraph (6) to an official below the level of Under Secretary of Defense for Acquisition, Technology, and Logistics.”
“(G) there is a plan to mitigate and account for any costs in connection with any anticipated de-certification of cryptographic systems and components during the production and procurement of the major defense acquisition program to be acquired; and”
“(I) ensure that each product support arrangement for the weapon system states explicitly how such arrangement will maximize use of government-owned inventory before obtaining inventory from commercial sources.”
“137a. Under Secretary of Defense for Management
“(a) Appointment—There is an Undersecretary of Defense for Management, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive management background, as well as a concrete understanding of Department of Defense business operations.
“(b) Responsibility for discharge of certain statutory position requirements
“(1) In addition to the responsibilities specified in subsection (c), the Under Secretary of Defense for Management is also the following:
“(A) The Deputy Chief Management Officer of the Department of Defense.
“(B) The Performance Improvement Officer of the Department of Defense.
“(C) The Chief Information Officer of the Department of Defense.
“(2) In the capacity of Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Management shall exercise authority, direction, and control over the Information Assurance Directorate of the National Security Agency.
“(c) General responsibilities—The Under Secretary of Defense for Management is responsible, subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense in the role of the Deputy Secretary as Chief Management Officer of the Department of Defense, for—
“(1) supervising the management of the business operations of the Department of Defense and adjudicating issues and conflicts in functional domain business policies;
“(2) establishing business strategic planning and performance management policies and the Department of Defense Strategic Management Plan;
“(3) establishing business information technology portfolio policies and overseeing investment management of that portfolio for the Department of Defense; and
“(4) establishing end-to-end process and standards policies and the Business Enterprise Architecture.
“(d) Precedence—The Under Secretary of Defense for Management takes precedence in the Department of Defense after the Under Secretary of Defense for Intelligence.”
“(F) The Under Secretary of Defense for Management.”
“(2) The Under Secretary of Defense for Management.”
“Under Secretary of Defense for Management.”
“171a. Council on Oversight of the National Leadership Command, Control, and Communications System
“(a) Establishment—There is hereby established within the Department of Defense a council to be known as the “Council on Oversight of the National Leadership Command, Control, and Communications System” (in this section referred to as the “Council”).
“(b) Membership—The members of the Council shall be as follows:
“(1) The Undersecretary of Defense for Policy.
“(2) The Under Secretary of Defense for Acquisition, Technology, and Logistics.
“(3) The Vice Chairman of the Joint Staff.
“(4) The Chief Information Officer of the Department of Defense.
“(5) Such other officers of the Department of Defense as the Secretary may designate.
“(c) Co-Chair—The Council shall be co-chaired by the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition, Technology, and Logistics.
“(d) Responsibilities
“(1) The Council shall be responsible for oversight of the command, control, and communications system for the national leadership of the United States, including nuclear command, control, and communications.
“(2) In carrying out the responsibility specified in paragraph (1), the Council shall be responsible for the following with respect to the command, control, and communications system referred to in that paragraph:
“(A) Oversight of performance assessments (including interoperability).
“(B) Vulnerability identification and mitigation.
“(C) Architecture development.
“(D) Resource prioritization.
“(E) Such other responsibilities as the Secretary of Defense shall specify for purposes of this section.
“(e) Annual reports—At the same time each year the budget of the President for the fiscal year beginning in such year is submitted to Congress under section 1105(a) of title 31, the Council shall submit to the congressional defense committees a report on the activities of the Council. Each report shall include the following:
“(1) A description and assessment of the activities of the Council during the previous fiscal year.
“(2) A description of the activities proposed to be undertaken by the Council during the period of the current fiscal-years defense program under section 221 of this title.
“(f) National leadership of the United States defined—In this section, the term national leadership of the United States means the following:
“(1) The President.
“(2) The Vice President.
“(3) Such other civilian officials of the United States Government as the President shall designate for purposes of this section.”
“(2) To advise the Council on the determination of scientific priorities and needs.
“(3) To provide the Council strategic advice regarding national ocean program execution and collaboration.”
“(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.”
“(36) Government of Chad.
“(37) Government of Libya.
“(38) Government of Mali.
“(39) Government of Niger.”
“(D) The estimated total cost of construction for each vessel used to determine estimated levels of annual funding under subparagraph (C).”
“(d) Assessment when annual naval vessel construction plan does not meet force structure requirements—If the annual naval vessel construction plan for a fiscal year under subsection (b) does not result in a force structure or capabilities that meet the requirements identified in subsection (b)(2)(B), the Secretary shall include with the defense budget materials for that fiscal year an assessment of the extent of the strategic and operational risk to national security associated with the reduced force structure of naval vessels over the period of time that the required force structure or capabilities are not achieved. Such assessment shall include an analysis whether the risks are acceptable, and plans to mitigate such risks. Such assessment shall be coordinated in advance with the commanders of the combatant commands and the Nuclear Weapons Council under section 179 of this title.”
“(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) Limitations on liability and responsibility
“(1) Immunity of United States—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) Improvements, upgrades, and repairs—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.”
“(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).”
“7306. Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation”
“(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.”
“(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) 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.”
“(6) A description of the joint efforts of the Department of Defense and the Department of Energy with respect to the physical protection of special nuclear material and the development of common physical protection standards for such material.”
“(A) together with the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2013 and 2014; and
“(B) except as provided in paragraph (2), not later than 60 days after the submission of the budget of the President to Congress under that section for each of fiscal years 2015 through 2019.”
“(2) Extension of deadline for report—If the Secretary of Defense and the Secretary of Energy jointly determine that a report required by paragraph (1) for any of fiscal years 2015 through 2019 will not able to be transmitted to the committees specified in that paragraph by the time required under subparagraph (B) of that paragraph, such Secretaries shall—
“(A) promptly, and before the submission to Congress of the budget of the President for that fiscal year under section 1105(a) of title 31, United States Code, notify those committees of the expected date for the transmission of the report; and
“(B) not later than 30 days after the submission of that budget to Congress, provide a briefing to those committees on the content of the report.”
“119a. National security spectrum strategy
“(a) Strategy required—The Secretary of Defense shall, in consultation with the Director of National Intelligence and the Secretary of Commerce, develop and update from time to time a strategy on the availability and use of the electromagnetic spectrum to meet the national security requirements of the United States.
“(b) Periods covered by strategy—The strategy shall cover each of the following periods (counting from the date of the issuance of the strategy or any update of the strategy):
“(1) Zero to five years.
“(2) Five to ten years.
“(3) Ten to thirty years.
“(c) Elements—The strategy shall include the following (current as of the date of the issuance of the strategy or any update of the strategy):
“(1) An inventory of the uses of the electromagnetic spectrum for national security purposes and other purposes.
“(2) An estimate of the need for electromagnetic spectrum for national security and other purposes over each of the periods specified in subsection (b).
“(3) An estimate of the capacity to share electromagnetic spectrum over each of the period specified in subsection (b) among national security purposes and other purposes in accordance with the estimate developed under paragraph (2).
“(4) Plans to continue to use blocks of electromagnetic spectrum, or to relocate to or commence use of blocks of electromagnetic spectrum, over each of the periods specified in subsection (b).
“(5) An estimate of the costs of any plans to relocate to or commence use of blocks of electromagnetic spectrum, over each of the periods specified in subsection (b).
“(6) Any other matters that the Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of Commerce, considers appropriate for the strategy.
“(d) Frequency of updates—The strategy shall be updated not less often than once every five years.
“(e) Form—The strategy, and any update of the strategy, shall be issued in unclassified form, but may include a classified annex.”
“(3) Dispute resolution—In the event of any dispute resolution process involving the surrender of use of such band of frequencies, the Secretary shall ensure the Department of Defense has adequate representation to convey its views.”
“2884. Project reports”
“(5) Not later than December 31 of 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. Such report shall include recommendations for the funding levels necessary for the executive to carry out the duties of the executive under this section.”
“(D) Exceptions—Subparagraph (A) does not apply to determinations made with respect to the following individuals:
“(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.
“(ii) An individual described in paragraph (2)(E).”
“(5) The Defense Institute for Security Assistance Management.
“(6) The Joint Special Operations University.”
“(f) Additional authority for activities of OSCI
“(1) In general—During fiscal year 2014,”
“(2) Required elements of training—The training conducted under paragraph (1) shall include elements that promote the following:
“(A) Observance of and respect for human rights and fundamental freedoms.
“(B) Military professionalism.
“(C) Respect for legitimate civilian authority within Iraq.”
“(A) A description of any changes to the specific element or process described in subparagraphs (A) through (F) of paragraph (2).
“(B) An evaluation of the activities of the Office of Security Cooperation in Iraq based on the measures of effectiveness described in paragraph (2)(F) and a discussion of any determinations to expand, alter, or terminate specific activities of the Office based on those measures.
“(C) An evaluation of the effectiveness of the training provided pursuant to section 1215(f)(2) of the National Defense Authorization Act for Fiscal Year 2012 in promoting respect for human rights, military professionalism, and respect for legitimate civilian authority in Iraq.”
“(C) Up to $250,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2014.”
“(D) In the case of funds for fiscal year 2014, until September 30, 2015.”
“(c) Improved application process—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall improve the efficiency by which applications for special immigrant visas under section 1244(a) are processed so that all steps incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 9 months after the date on which an eligible alien applies for such visa.”
“(B) was or is employed in Iraq on or after March 20, 2003, for not less than 1 year, by, or on behalf of—
“(i) the United States Government;
“(ii) a media or nongovernmental organization headquartered in the United States; or
“(iii) an organization or entity closely associated with the United States mission in Iraq that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement;”
“(A) In general—Except as provided under subparagraph (B), a recommendation”
“(B) Review process for denial by Chief of Mission
“(i) In general—An applicant who has been denied Chief of Mission approval required by subparagraph (A) shall—
“(I) receive a written decision; and
“(II) be provided 120 days from the date of the decision to request reopening of the decision to provide additional information, clarify existing information, or explain any unfavorable information.
“(ii) Senior coordinator—The Secretary of State shall designate, in the Embassy of the United States in Baghdad, Iraq, a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given—
“(I) sufficiently high security clearance to review Chief of Mission denials in cases that appear to have relied upon insufficient or incorrect information; and
“(II) responsibility for ensuring that an applicant described in clause (i) receives the information described in clause (i)(I).”
“(C) Fiscal year 2014—Notwithstanding subparagraphs (A) and (B), and consistent with subsection (b), any unused balance of the total number of principal aliens who may be provided special immigrant status under this section in fiscal years 2008 through 2013 may be carried forward and provided through the end of fiscal year 2014.”
“(f) Report on improvements
“(1) In general—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit a report, with a classified annex, if necessary, to—
“(A) the Committee on the Judiciary of the Senate;
“(B) the Committee on Foreign Relations of the Senate;
“(C) the Committee on the Judiciary of the House of Representatives; and
“(D) the Committee on Foreign Affairs of the House of Representatives.
“(2) Contents—The report submitted under paragraph (1) shall describe the implementation of improvements to the processing of applications for special immigrant visas under section 1244(a), including information relating to—
“(A) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall—
“(i) support immigration security; and
“(ii) provide for the orderly processing of such applications without delay;
“(B) the financial, security, and personnel considerations and resources necessary to carry out this subtitle;
“(C) the number of aliens who have applied for special immigrant visas under section 1244 during each month of the preceding fiscal year;
“(D) the reasons for the failure to expeditiously process any applications that have been pending for longer than 9 months;
“(E) the total number of applications that are pending due to the failure—
“(i) to receive approval from the Chief of Mission;
“(ii) for U.S. Citizenship and Immigration Services to complete the adjudication of the Form I–360;
“(iii) to conduct a visa interview; or
“(iv) to issue the visa to an eligible alien;
“(F) the average wait times for an applicant at each of the stages described in subparagraph (E);
“(G) the number of denials or rejections at each of the stages described in subparagraph (E); and
“(H) a breakdown of reasons for denials at by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission.
“(g) Public quarterly reports—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, and every 3 months thereafter, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall publish a report on the website of the Department of State that describes the efficiency improvements made in the process by which applications for special immigrant visas under section 1244(a) are processed, including information described in subparagraphs (C) through (H) of subsection (f)(2).”
“(ii) was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year, by, or on behalf of—
“(I) the United States Government;
“(II) a media or nongovernmental organization headquartered in the United States; or
“(III) an organization or entity closely associated with the United States mission in Afghanistan that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement;”
“(B) Family members—An alien is described in this subparagraph if the alien is—
“(i) the spouse or minor child of a principal alien described in subparagraph (A) who is accompanying or following to join the principal alien in the United States; or
“(ii)
“(I) the spouse, child, parent, or sibling of a principal alien described in subparagraph (A), whether or not accompanying or following to join; and
“(II) has experienced or is experiencing an ongoing serious threat as a consequence of the qualifying employment of a principal alien described in subparagraph (A).”
“(i) In general—Except as provided under clause (ii), a recommendation”
“(ii) Review process for denial by Chief of Mission
“(I) In general—An applicant who has been denied Chief of Mission approval shall—
“(aa) receive a written decision; and
“(bb) be provided 120 days from the date of receipt of such opinion to request reconsideration of the decision to provide additional information, clarify existing information, or explain any unfavorable information.
“(II) Senior coordinator—The Secretary of State shall designate, in the Embassy of the United States in Kabul, Afghanistan, a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given—
“(aa) sufficiently high security clearance to review Chief of Mission denials in cases that appear to have relied upon insufficient or incorrect information; and
“(bb) responsibility for ensuring that an applicant described in subclause (I) receives the information described in subclause (I)(aa).”
“(iii) Fiscal year 2014—For fiscal year 2014, the total number of principal aliens who may be provided special immigrant status under this section may not exceed the sum of—
“(I) 5,000;
“(II) the difference between the number of special immigrant visas allocated under this section for fiscal years 2009 through 2013 and the number of such allocated visas that were issued; and
“(III) any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal years 2014 through 2018 that have been carried forward.”
“(A) In general—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall improve the efficiency by which applications for special immigrant visas under paragraph (1) are processed so that all steps incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 9 months after the date on which an eligible alien applies for such visa.
“(B) Prohibition on fees—The Secretary”
“(12) Report on improvements—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report, with a classified annex, if necessary, that describes the implementation of improvements to the processing of applications for special immigrant visas under this subsection, including information relating to—
“(A) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall—
“(i) support immigration security; and
“(ii) provide for the orderly processing of such applications without delay;
“(B) the financial, security, and personnel considerations and resources necessary to carry out this section;
“(C) the number of aliens who have applied for special immigrant visas under this subsection during each month of the preceding fiscal year;
“(D) the reasons for the failure to expeditiously process any applications that have been pending for longer than 9 months;
“(E) the total number of applications that are pending due to the failure—
“(i) to receive approval from the Chief of Mission;
“(ii) for U.S. Citizenship and Immigration Services to complete the adjudication of the Form I–360;
“(iii) to conduct a visa interview; or
“(iv) to issue the visa to an eligible alien;
“(F) the average wait times for an applicant at each of the stages described in subparagraph (E);
“(G) the number of denials or rejections at each of the stages described in subparagraph (E); and
“(H) a breakdown of reasons for denials by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission.
“(13) Public quarterly reports—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, and every 3 months thereafter, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall publish a report on the website of the Department of State that describes the efficiency improvements made in the process by which applications for special immigrant visas under this subsection are processed, including information described in subparagraph (C) through (H) of paragraph (12).”
“(20) The status of the 5th generation fighter program of the People's Republic of China, including an assessment of each individual aircraft type, estimated initial and full operational capability dates, and the ability of such aircraft to provide air superiority.”
“(iii) may not exceed $63,800,000 for fiscal year 2014.”
“(C) Limitation on availability of funds for fiscal year 2014—None of the funds available for fiscal year 2014 pursuant to subparagraph (B)(iii) may be obligated to assist the Government of Afghanistan in the development of mining and oil and gas resources during fiscal year 2014 until the date on which the Secretary of Defense certifies to the Committees on Armed Services of the Senate and the House of Representatives that the Government of Afghanistan has agreed to reimburse the Government of the United States for the amount of any such funds, from royalties received from mining or oil and gas contracts awarded by the Government of Afghanistan.”