“(a) Limitation.—
“(1) Lead ship.—The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for the aircraft carrier designated as CVN–78 may not exceed $12,887,000,000 (as adjusted pursuant to subsection (b)).
“(2) Follow-on ships.—The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for the construction of any ship that is constructed in the CVN–78 class of aircraft carriers after the lead ship of that class may not exceed $11,498,000,000 (as adjusted pursuant to subsection (b)).”
“(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.”
“(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—
“(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);
“(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
“(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.”
“(f) 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 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.
“(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.”
“SEC. 122. ADHERENCE TO NAVY COST ESTIMATES FOR CVN–78 CLASS OF AIRCRAFT CARRIERS.”
“Sec. 122. Adherence to Navy cost estimates for CVN–78 class of aircraft carriers.”.
Ҥ 236. Personal protection equipment procurement: display of budget information
“(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.
“(b) Requirements for Budget Display.—The consolidated budget justification display under subsection (a) for a fiscal year shall include the following:
“(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.
“(2) A brief description of each category of personal protection equipment for each military department planned to be procured and developed.
“(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)—
“(A) the relevant appropriations account, budget activity, and subactivity group for the category; and
“(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.
“(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)—
“(A) the relevant appropriations account, program, project or activity; program element number, and line number; and
“(B) the funding profile for the fiscal year as requested and an estimate of projected investments for each of the subsequent five fiscal years.
“(c) Definitions.—In this section:
“(1) The terms ‘budget’ and ‘defense budget materials’ have the meaning given those terms in section 234 of this title.
“(2) The term ‘category of personal protection equipment’ means the following:
“(A) Body armor components.
“(B) Combat helmets.
“(C) Combat protective eyewear.
“(D) Other items as determined appropriate by the Secretary.”
“236. Personal protection equipment procurement: display of budget information.”.
“(1) The strategic objectives of that agency, and the linkage between such objectives and the missions of the armed forces.”
“(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—
“(1) all of the operations and sustainment costs for which the Director is responsible; and
“(2) a description of the operations and sustainment functions and costs for which a military department is responsible.”
Ҥ 189. Communications Security Review and Advisory Board
“(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.
“(b) Members.—
(1) The Secretary shall determine the number of members of the Board.
“(2) The Chief Information Officer of the Department of Defense shall serve as chairman of the Board.
“(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.
“(c) Responsibilities.—The Board shall—
“(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—
“(A) requiring each Chief Information Officer of each military department to report the communications security activities of the military department to the Board;
“(B) tracking compliance of each military department with respect to communications security modernization efforts;
“(C) validating lifecycle communications security modernization plans for major defense acquisition programs;
“(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;
“(3) convene in-depth program reviews for specific cryptographic modernization developments with respect to validating requirements and identifying programmatic risks;
“(4) develop a long-term roadmap for communications security to identify potential issues and ensure synchronization with major planning documents; and
“(5) advise the Secretary on the cryptographic posture of the Department, including budgetary recommendations.
“(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.”
“189. Communications Security Review and Advisory Board”.
“(b) Availability of Funds for Infrastructure Projects.—
“(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.
“(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.
“(3) Accumulation of funds for projects.—Funds may accumulate under a mechanism under subsection (a) for a project referred to in paragraph (1) for not more than five years.
“(4) 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:
“(A) Section 2805(d) of title 10, United States Code, with respect to revitalization and recapitalization projects.
“(B) Section 2811 of such title, with respect to repair projects.”
“(6) The report required by paragraph (4) for a fiscal year shall be submitted by the later of the following dates:
“(A) The date that is 30 days after the date on which the budget for that fiscal year is submitted to Congress pursuant to section 1105 of title 31.
“(B) March 31 of the previous fiscal year.”
“(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.”
“(C) tires;
“(D) treated wood;
“(E) batteries;
“(F) plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream;
“(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;
“(H) compressed gas cylinders, unless empty with valves removed;
“(I) fuel containers, unless completely evacuated of its contents;
“(J) aerosol cans;
“(K) polychlorinated biphenyls;
“(L) petroleum, oils, and lubricants products (other than waste fuel for initial combustion);
“(M) asbestos;
“(N) mercury;
“(O) foam tent material;
“(P) any item containing any of the materials referred to in a preceding paragraph; and”
“(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) 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.”
; and
“(h) Combatant Command Assigned Mission Assessments.—
(1) Each report shall also include an assessment by each commander of a geographic or functional combatant command of the ability of the command to successfully execute each of the assigned missions of the command. Each such assessment for a combatant command shall also include a list of the mission essential tasks for each assigned mission of the command and an assessment of the ability of the command to successfully complete each task within prescribed timeframes.
“(2) For purposes of this subsection, the term ‘assigned mission’ means any contingency response program plan, theater campaign plan, or named operation that is approved and assigned by the Joint Chiefs of Staff.
“(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’.
“(j) Combat Support Agencies Assessment.—
(1) Each report shall also include an assessment by the Secretary of Defense of the military readiness of the combat support agencies, including, for each such agency—
“(A) a determination with respect to the responsiveness and readiness of the agency to support operating forces in the event of a war or threat to national security, including—
“(i) a list of mission essential tasks and an assessment of the ability of the agency to successfully perform those tasks;
“(ii) an assessment of how the ability of the agency to accomplish the tasks referred to in subparagraph (A) affects the ability of the military departments and the unified and geographic combatant commands to execute operations and contingency plans by number;
“(iii) any readiness deficiencies and actions recommended to address such deficiencies; and
“(iv) key indicators and other relevant information related to any deficiency or other problem identified;
“(B) any recommendations that the Secretary considers appropriate.
“(2) In this subsection, the term ‘combat support agency’ means any of the following Defense Agencies:
“(A) The Defense Information Systems Agency.
“(B) The Defense Intelligence Agency.
“(C) The Defense Logistics Agency.
“(D) The National Geospatial-Intelligence Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense).
“(E) The Defense Contract Management Agency.
“(F) The Defense Threat Reduction Agency.
“(G) The National Reconnaissance Office.
“(H) The National Security Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense) and Central Security Service.
“(I) Any other Defense Agency designated as a combat support agency by the Secretary of Defense.
“(k) Major Exercise Assessments.—
(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—
“(A) a brief description of the exercise;
“(B) planned training objectives for the exercise;
“(C) a full summary of cost associated with the exercise, including in-kind and direct contributions to allies and partners; and
“(D) an executive summary of the lessons learned and training objectives met by conducting the exercise.
“(2) In this subsection, the term ‘major exercise’ means a named major training event, an integrated or joint exercise, or a unilateral major exercise.”
“(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.”
; and
“(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.”
“(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).”
“(d) Private Donations.—
(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.
“(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.
“(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.”
“(1) For the Army, 510,000.
“(2) For the Navy, 323,600.
“(3) For the Marine Corps, 188,000.
“(4) For the Air Force, 327,600.”
“(h) Active-duty Baseline.—
“(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.
“(2) Baseline defined.—For purposes of paragraph (1), the term ‘baseline’ for an armed force means the lower of—
“(A) the statutory limit of general officers or flag officers of that armed force under subsection (a); or
“(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).
“(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.
“(i) Joint Duty Assignment Baseline.—
“(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.
“(2) Baseline defined.—For purposes of paragraph (1), the term ‘baseline’ means the lower of—
“(A) the statutory limit on general officer and flag officer positions that are joint duty assignments under subsection (b)(1); or
“(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).
“(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.”
“(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—
“(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
“(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).”
“(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) Except as provided in paragraph (3), the list of officers in a reserve component whose names are submitted to a board under paragraph (1) shall include each officer on the reserve active-status list for that reserve component in the same grade and competitive category whose position on the reserve active-status list is between—
“(A) that of the most junior officer in that grade and competitive category whose name is submitted to the board; and
“(B) that of the most senior officer in that grade and competitive category whose name is submitted to the board.
“(3) A list submitted to a board under paragraph (1) may not include an officer who—
“(A) has been approved for voluntary retirement; or
“(B) is to be involuntarily retired under any provision of law during the fiscal year in which the board is convened or during the following fiscal year.”
“(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).”
“(f) Outreach for Certain Members of the Reserve Components.—
(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.
“(2) Members described in this paragraph are—
“(A) members of the Individual Ready Reserve; and
“(B) members of a reserve component who are individual mobilization augmentees.”
“(9) Provide information about disability-related employment and education protections.”
“(d) Definitions.—In this section:
“(1) Gender-neutral occupational standard.—The term ‘gender-neutral occupational standard’, with respect to a military career designator, means that all members of the Armed Forces serving in or assigned to the military career designator must meet the same performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed while serving in or assigned to the military career designator.
“(2) Military career designator.—The term ‘military career designator’ refers to—
“(A) in the case of enlisted members and warrant officers of the Armed Forces, military occupational specialties, specialty codes, enlisted designators, enlisted classification codes, additional skill identifiers, and special qualification identifiers; and
“(B) in the case of commissioned officers (other than commissioned warrant officers), officer areas of concentration, occupational specialties, specialty codes, additional skill identifiers, and special qualification identifiers.”
“(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.”
Ҥ 2006a. Assistance for education and training: availability of certain assistance for use only for certain programs of 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 a program as follows:
“(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).
“(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.
“(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.
“(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 or regionally recognized accrediting agency or association recognized by the Department of Education;
“(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; and
“(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.
“(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).”
“2006a. Assistance for education and training: availability of certain assistance for use only for certain programs of education.”.
“(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.”
Ҥ 1134a. Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
“(a) Establishment.—There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department in which the Coast Guard is operating a roll designated as the ‘Army, Navy, Air Force, and Coast Guard Medal of Honor Roll’.
“(b) Enrollment.—The Secretary concerned shall enter and record on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll the name of each person who has served on active duty in the armed forces and who has been awarded a medal of honor pursuant to section 3741, 6241, or 8741 of this title or section 491 of title 14.
“(c) Issuance of Enrollment Certificate.—Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be issued a certificate of enrollment on the roll.
“(d) Entitlement to Special Pension; Notice to Secretary of Veterans Affairs.—The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under subsection (c). The copy of the certificate shall authorize the Secretary of Veterans Affairs to pay the special pension provided by section 1562 of title 38 to the person named in the certificate.”
“1134a. Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll.”.
“(g)
(1) A person who is entitled to special pension under subsection (a) may elect not to receive special pension by notifying the Secretary of such election in writing.
“(2) Upon receipt of an election made by a person under paragraph (1) not to receive special pension, the Secretary shall cease payments of special pension to the person.”
“(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—
“(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
“(2) the replacement military decoration is mailed to the person requesting the replacement military decoration within 90 days after verification of the service record.”
“(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.”
“(D) the dissemination of appropriate information on the status of missing persons to authorized family members.”
“(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.”
; and
“(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.”
“(6) The University of North Georgia.”
Ҥ 4727. Cemetery concessions contracts
“(a) Contracts Authorized.—The Secretary of the Army may enter into a contract with an appropriate entity for the provision of transportation, interpretative, or other necessary or appropriate concession services to visitors at the Army National Military Cemeteries.
“(b) Special Requirements.—
(1) The Secretary of the Army shall establish and include in each concession contract such requirements as the Secretary determines are necessary to ensure the protection, dignity, and solemnity of the cemetery at which services are provided under the contract.
“(2) A concession contract shall not include operation of the gift shop at Arlington National Cemetery without the specific prior authorization by an Act of Congress.
“(c) 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.
“(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.
“(e) Concession Contract Defined.—In this section, the term ‘concession contract’ means a contract authorized and entered into under this section.”
“4727. Cemetery concessions contracts.”.
“(c)
(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.
“(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.
“(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.”
“§ 336. Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps
“(a) Contracting Bonus Authorized.—The Secretary concerned may pay a bonus under this section to a cadet or midshipman enrolled in the Senior Reserve Officers’ Training Corps who executes a written agreement described in subsection (c).
“(b) Amount of Bonus.—The amount of a bonus under subsection (a) may not exceed $5,000.
“(c) Agreement.—A written agreement referred to in subsection (a) is a written agreement by the cadet or midshipman—
“(1) to complete field training or a practice cruise under section 2104(b)(6)(A)(ii) of title 10;
“(2) to complete advanced training under chapter 103 of title 10;
“(3) to accept a commission or appointment as an officer of the armed forces; and
“(4) to serve on active duty.
“(d) Payment Method.—Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify when the bonus will be paid and whether the bonus will be paid in a lump sum or in installments.
“(e) Repayment.—A person who, having received all or part of a bonus under subsection (a), fails to fulfill the terms of the written agreement required by such subsection for receipt of the bonus shall be subject to the repayment provisions of section 373 of this title.
“(f) Regulations.—The Secretary concerned shall issue such regulations as may be necessary to carry out this section.
“(g) Termination of Authority.—No agreement under this section may be entered into after December 31, 2014.”
“336. Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.”.
“(B) is eligible for appointment as a Reserve officer for service in a reserve component in a Nurse Corps or as a nurse; and”
; 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;”
“(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.”
“(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.”
; and
“(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.”
“(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) 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.”
“(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 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.”
“(b) Access to TRICARE Prime.—
“(1) One-time election.—Subject to paragraph (3), the Secretary shall ensure that each affected eligible beneficiary who is enrolled in TRICARE Prime as of September 30, 2013, may make a one-time election to continue such enrollment in TRICARE Prime, notwithstanding that a contract described in subsection (a)(2)(A) does not allow for such enrollment based on the location in which such beneficiary resides. The beneficiary may continue such enrollment in TRICARE Prime so long as the beneficiary resides in the same ZIP code as the ZIP code in which the beneficiary resided at the time of such election.
“(2) Enrollment in tricare standard.—If an affected eligible beneficiary makes the one-time election under paragraph (1), the beneficiary may thereafter elect to enroll in TRICARE Standard at any time in accordance with a contract described in subsection (a)(2)(A).
“(3) Residence at time of election.—An affected eligible beneficiary may not make the one-time election under paragraph (1) if, at the time of such election, the beneficiary does not reside—
“(A) in a ZIP code that is in a region described in subsection (c)(1)(B); and
“(B) within 100 miles of a military medical treatment facility.
“(4) Network.—In continuing enrollment in TRICARE Prime pursuant to paragraph (1), the Secretary may determine whether to maintain a TRICARE network of providers in an area that is between 40 and 100 miles of a military medical treatment facility.”
Ҥ 237. Embedded mental health providers of the reserve components: display of budget information
“The Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense, a budget justification display with respect to embedded mental health providers within each reserve component, including the amount requested for each such component.”
“237. Embedded mental health providers of the reserve components: display of budget information.”.
“(e) Carryover of Reductions Required.—If the reductions required by subsection (c)(2) for fiscal years 2012 and 2013 are not implemented, the amounts remaining for those reductions in fiscal years 2012 and 2013 shall be implemented in fiscal year 2014.”
“(P) Costs of compensation of any contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds $625,000 adjusted annually for the U.S. Bureau of Labor Statistics Employment Cost Index for total compensation for private industry workers, by occupational and industry group not seasonally adjusted, except that the Secretary of Defense may establish exceptions for positions in the science, technology, engineering, mathematics, medical, and cybersecurity fields and other fields requiring unique areas of expertise upon a determination that such exceptions are needed to ensure that the Department of Defense has continued access to needed skills and capabilities.”
“(16) Costs of compensation of any contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds $625,000 adjusted annually for the U.S. Bureau of Labor Statistics Employment Cost Index for total compensation for private industry workers, by occupational and industry group not seasonally adjusted, except that the executive agency may establish exceptions for positions in the science, technology, engineering, mathematics, medical, and cybersecurity fields and other fields requiring unique areas of expertise upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.”
“(B) for each major defense acquisition program or designated major subprogram included in the report—
“(i) the Baseline Estimate (as that term is defined in section 2433(a)(2) of this title), along with the associated risk and sensitivity analysis of that estimate;
“(ii) the original Baseline Estimate (as that term is defined in section 2435(d)(1) of this title), along with the associated risk and sensitivity analysis of that estimate;
“(iii) if the original Baseline Estimate was adjusted or revised pursuant to section 2435(d)(2) of this title, such adjusted or revised estimate, along with the associated risk and sensitivity analysis of that estimate; and
“(iv) the primary risk parameters associated with the current procurement cost for the program (as that term is used in section 2432(e)(4) of this title);
“(C) a summary of the history of significant developments from the date each major defense acquisition program or designated major subprogram included in the report was first included in a Selected Acquisition Report and program highlights since the last Selected Acquisition Report;
“(D) the significant schedule and technical risks for each such program or subprogram, identified at each major milestone and as of the quarter for which the current report is submitted;”
“(8) annually review the cost and associated information required to be included, by section 2432(c)(1) of this title, in the Selected Acquisition Reports required by that section.”
“(D) a summary of the cost and associated information reviewed under subsection (a)(8), an identification of any trends in that information, an aggregation of the cumulative risk of the portfolio of systems reviewed under that subsection, and recommendations for improving cost estimates on the basis of the review under that subsection.”
“(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”
“(4) in the case of a space system, performs a cost benefit analysis for any new or follow-on satellite system using a dedicated ground control system instead of a shared ground control system, except that no cost benefit analysis is required to be performed under this paragraph for any Milestone B approval of a space system after December 31, 2019.”
“(I) ensure that product support arrangements for the weapon system describe how such arrangements will ensure efficient procurement, management, and allocation of Government-owned parts inventories in order to prevent unnecessary procurements of such parts.”
“(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.”
Ҥ 2278. Notification of foreign interference of national security space
“(a) Notice Required.—The Commander of the United States Strategic Command shall, with respect to each intentional attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability, provide to the appropriate congressional committees—
“(1) not later than 48 hours after the Commander determines that there is reason to believe such attempt occurred, notice of such attempt; and
“(2) not later than 10 days after the date on which the Commander determines that there is reason to believe such attempt occurred, a notification described in subsection (b) with respect to such attempt.
“(b) Notification Description.—A notification described in this subsection is a written notification that includes—
“(1) the name and a brief description of the national security space capability that was impacted by an attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability;
“(2) a description of such attempt, including the foreign actor, the date and time of such attempt, and any related capability outage and the mission impact of such outage; and
“(3) any other information the Commander considers relevant.
“(c) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—
“(1) the congressional defense committees; and
“(2) with respect to a notice or notification related to an attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability that is intelligence-related, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.”
“2278. Notification of foreign interference of national security space.”.
“(A) each of the matters required by subsection (c); and
“(B) a description of how the Department of Defense and the intelligence community plan to provide necessary national security capabilities, through alternative space, airborne, or ground systems, if a foreign actor degrades, denies access to, or destroys United States national security space capabilities.”
“(c) Congressional Intelligence Committees Defined.—In this section, the term ‘congressional intelligence committees’ has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”
“(g) Inspector General Report.—Not later than May 1 of each year, beginning with 2014 and ending with 2016, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report containing the Inspector General’s assessment of—
“(1) the efforts by the Department of Defense to compile the inventory pursuant to subsection (c); and
“(2) the reviews conducted under subsection (e), including the actions taken to resolve the findings of the reviews in accordance with section 2463 of this title.
“(h) Comptroller General Report.—Not later than September 30 of each year, beginning with 2014 and ending with 2016, the Comptroller General of the United States shall submit to the congressional defense committees a report containing the Comptroller General’s assessment of the efforts by the Department of Defense to implement subsections (e) and (f).”
“(iii) ensuring the audit of the financial statements of the Department of Defense for fiscal year 2018 occurs by not later than March 31, 2019.”
“(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).”
“(c) 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 of 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) The United States and all departments and agencies thereof, and their officers and employees, shall not be liable at law or in equity for any injury or damage to any person or property occurring on a vessel donated under this section.
“(2) Notwithstanding any other law, the Department of Defense, and the officers and employees of the Department of Defense, 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”
“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.”
“(5) A discussion and justification of how the program fits within the theater security priorities of each of the commanders of the geographic combatant commands.”
Ҥ 130f. Congressional notification of sensitive military operations
“(a) In General.—The Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of any sensitive military operation conducted under this title following such operation. Department of Defense support to operations conducted under the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is addressed in the classified annex prepared to accompany the National Defense Authorization Act for Fiscal Year 2014.
“(b) Procedures.—
(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity.
“(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section.
“(c) Briefing Requirement.—The Secretary of Defense shall periodically brief the congressional defense committees on Department of Defense personnel and equipment assigned to sensitive military operations.
“(d) Sensitive Military Operation Defined.—The term ‘sensitive military operation’ means a lethal operation or capture operation conducted by the armed forces outside the United States and outside a theater of major hostilities pursuant to—
“(1) the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note); or
“(2) any other authority except—
“(A) a declaration of war; or
“(B) a specific statutory authorization for the use of force other than the authorization referred to in paragraph (1).
“(e) Exception.—The notification requirement under subsection (a) shall not apply with respect to a sensitive military operation executed within the territory of Afghanistan pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note).
“(f) Rule of Construction.—Nothing in this section shall be construed to provide any new authority or to alter or otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note), or any requirement under the National Security Act of 1947 (50 U.S.C. 3001 et seq.).”
“130f. Congressional notification regarding sensitive military operations.”.
Ҥ 485. Quarterly counterterrorism operations briefings
“(a) Briefings Required.—The Secretary of Defense shall provide to the congressional defense committees quarterly briefings outlining Department of Defense counterterrorism operations and related activities.
“(b) Elements.—Each briefing under subsection (a) shall include each of the following:
“(1) A global update on activity within each geographic combatant command and how such activity supports the respective theater campaign plan.
“(2) An overview of authorities and legal issues, including limitations.
“(3) An overview of interagency activities and initiatives.
“(4) Any other matters the Secretary considers appropriate.”
“485. Quarterly counterterrorism operations briefings.”.
Ҥ 497a. Notification required for reduction or consolidation of dual-capable aircraft based in Europe
“(a) Notification.—Not less than 90 days before the date on which the Secretary of Defense reduces or consolidates the dual-capable aircraft of the United States that are based in Europe, the Secretary shall submit to the congressional defense committees a notification of such planned reduction or consolidation, including the following:
“(1) The reasons for such planned reduction or consolidation.
“(2) Any effects of such planned reduction or consolidation on the extended deterrence mission of the United States.
“(3) The manner in which the military requirements of the North Atlantic Treaty Organization (NATO) will continue to be met in light of such planned reduction or consolidation.
“(4) A statement by the Secretary on the response of NATO to such planned reduction or consolidation.
“(5) Whether there is any change in the force posture of the Russian Federation as a result of such planned reduction or consolidation, including with respect to the nonstrategic nuclear weapons of Russia that are within range of the member states of NATO.
“(b) Dual-capable Aircraft Defined.—In this section, the term ‘dual-capable aircraft’ means aircraft that can perform both conventional and nuclear missions.”
“497a. Notification required for reduction or consolidation of dual-capable aircraft based in Europe.”.
Ҥ 171a. Council on Oversight of the National Leadership Command, Control, and Communications System
“(a) Establishment.—There is 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 Under Secretary of Defense for Policy.
“(2) The Under Secretary of Defense for Acquisition, Technology, and Logistics.
“(3) The Vice Chairman of the Joint Chiefs of Staff.
“(4) The Commander of the United States Strategic Command.
“(5) The Director of the National Security Agency.
“(6) The Chief Information Officer of the Department of Defense.
“(7) 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 Acquisition, Technology, and Logistics and the Vice Chairman of the Joint Chiefs of Staff.
“(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 for oversight of the command, control, and communications system as specified in paragraph (1), the Council shall be responsible for the following:
“(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 that the budget of the President is submitted to Congress pursuant to 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 covered by the current future-years defense program under section 221 of this title.
“(3) Any changes to the requirements of the command, control, and communications system for the national leadership of the United States made during the previous year, along with an explanation for why the changes were made and a description of the effects of the changes to the capability of the system.
“(4) A breakdown of each program element in such budget that relates to the system, including how such program element relates to the operation and sustainment, research and development, procurement, or other activity of the system.
“(f) Budget and Funding Matters.—
(1) Not later than 30 days after the President submits to Congress the budget for a fiscal year under section 1105(a) of title 31, the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff an assessment of—
“(A) whether such budget allows the Federal Government to meet the required capabilities of the command, control, and communications system for the national leadership of the United States during the fiscal year covered by the budget and the four subsequent fiscal years; and
“(B) if the Commander determines that such budget does not allow the Federal Government to meet such required capabilities, a description of the steps being taken to meet such required capabilities.
“(2) Not later than 30 days after the date on which the Chairman of the Joint Chiefs of Staff receives the assessment of the Commander of the United States Strategic Command under paragraph (1), the Chairman shall submit to the congressional defense committees—
“(A) such assessment as it was submitted to the Chairman; and
“(B) any comments of the Chairman.
“(3) If a House of Congress adopts a bill authorizing or appropriating funds for the activities of the command, control, and communications system for the national leadership of the United States that, as determined by the Council, provides insufficient funds for such activities for the period covered by such bill, the Council shall notify the congressional defense committees of the determination.
“(g) Notification of Anomalies.—
(1) The Secretary of Defense shall submit to the congressional defense committees written notification of an anomaly in the nuclear command, control, and communications system for the national leadership of the United States that is reported to the Secretary or the Council by not later than 14 days after the date on which the Secretary or the Council learns of such anomaly, as the case may be.
“(2) In this subsection, the term ‘anomaly’ means any unplanned, irregular, or abnormal event, whether unexplained or caused intentionally or unintentionally by a person or a system.
“(h) 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.”
“171a. Council on Oversight of the National Leadership Command, Control, and Communications System.”.
“(6) A description and assessment of the joint efforts of the Secretary of Defense and the Secretary of Energy to develop common security practices that improve the security of the nuclear weapons and facilities of the Department of Defense and the Department of Energy.”
“(4) Extension of deadline for report.—
“(A) In general.—Subject to subparagraph (B), if the Secretary of Defense and the Secretary of Energy jointly determine that a report required by paragraph (1) for a fiscal year will not be able to be transmitted to the committees specified in that paragraph by the time required under that paragraph, such Secretaries shall—
“(i) 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
“(ii) 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.
“(B) Limitation.—In no case may the President transmit a report required by paragraph (1) for a fiscal year to the committees specified in that paragraph later than 60 days after the submission to Congress of the budget of the President for that fiscal year.”
Ҥ 427. Conflict Records Research Center
“(a) Center Authorized.—The Secretary of Defense may establish a center to be known as the ‘Conflict Records Research Center’ (in this section referred to as the ‘Center’).
“(b) Purposes.—The purposes of the Center shall be the following:
“(1) To establish a digital research database, including translations, and to facilitate research and analysis of records captured from countries, organizations, and individuals, now or once hostile to the United States, with rigid adherence to academic freedom and integrity.
“(2) Consistent with the protection of national security information, personally identifiable information, and intelligence sources and methods, to make a significant portion of these records available to researchers as quickly and responsibly as possible while taking into account the integrity of the academic process and risks to innocents or third parties.
“(3) To conduct and disseminate research and analysis to increase the understanding of factors related to international relations, counterterrorism, and conventional and unconventional warfare and, ultimately, enhance national security.
“(4) To collaborate with members of academic and broad national security communities, both domestic and international, on research, conferences, seminars, and other information exchanges to identify topics of importance for the leadership of the United States Government and the scholarly community.
“(c) Concurrence of the Director of National Intelligence.—The Secretary of Defense shall seek the concurrence of the Director of National Intelligence to the extent the efforts and activities of the Center involve the entities referred to in subsection (b)(4).
“(d) Support From Other United States Government Departments or Agencies.—The head of any non-Department of Defense department or agency of the United States Government may—
“(1) provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; and
“(2) transfer funds to the Secretary of Defense to support the operations of the Center.
“(e) Acceptance of Gifts and Donations.—
(1) Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center.
“(2) The sources specified in this paragraph are the following:
“(A) The government of a State or a political subdivision of a State.
“(B) The government of a foreign country.
“(C) A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.
“(D) Any source in the private sector of the United States or a foreign country.
“(3) The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise—
“(A) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or
“(B) the integrity of any program of the Department or of any person involved in such a program.
“(4) The Secretary shall provide written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection.
“(f) Crediting of Funds Transferred or Accepted.—Funds transferred to or accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged. Any funds so transferred or accepted shall remain available until expended.
“(g) Definitions.—In this section:
“(1) The term ‘captured record’ means a document, audio file, video file, or other material captured during combat operations from countries, organizations, or individuals, now or once hostile to the United States.
“(2) The term ‘gift or donation’ means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).”
“427. Conflict Records Research Center.”.
“(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) 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 strategic plan.”
“(b) Periods Covered by Strategic Plan.—Each strategic plan prepared under subsection (a) shall cover each of the following periods (counting from the date of the issuance of the plan):
“(1) Zero to five years.
“(2) Five to ten years.
“(3) Ten to thirty years.”
“(2) Each strategic plan submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.”
“488. Management of electromagnetic spectrum.”.
“2642. Transportation services provided to certain other agencies: use of Department of Defense reimbursement rates.”.
“(a) In General.—To the maximum extent practicable, on or after the date on which each report described in subsection (b) is submitted to Congress, the Secretary of Defense, acting through the Office of the Assistant Secretary of Defense for Public Affairs, shall ensure that the report is made available to the public by—
“(1) posting the report on a publicly accessible Internet website of the Department of Defense; and
“(2) upon request, transmitting the report by other means, as long as such transmission is at no cost to the Department.”
“(5) a description of interagency efforts to coordinate and improve research, development, test, and evaluation for humanitarian demining technology and mechanical clearance methods, including the transfer of relevant counter-improvised explosive device technology with potential humanitarian demining applications.”
“(A) 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).”
“24. Nuclear Posture 491”.
“130e. Treatment under Freedom of Information Act of critical infrastructure security information.”.
“231. Budgeting for construction of naval vessels: annual plan and certification.”.
“(g) Extension of a Program.—In this chapter, the term ‘extension of a program’ means, with respect to a major automated information system program or other major information technology investment program, the further deployment or planned deployment to additional users of the system which has already been found operationally effective and suitable by an independent test agency or the Director of Operational Test and Evaluation, beyond the scope planned in the original estimate or information originally submitted on the program.”
“(2) Certification when variance due to extension of program.—If an official with milestone decision authority for a program who, following receipt of a quarterly report described in paragraph (1) and making a determination described in paragraph (3), also determines that the circumstances resulting in the determination described in paragraph (3) (A) is primarily due to an extension of a program, and (B) involves minimal developmental risk, the official may, in lieu of carrying out an evaluation and submitting a report in accordance with paragraph (1), submit to the congressional defense committees, within 45 days after receiving the quarterly report, a certification that the official has made those determinations. If such a certification is submitted, the limitation in subsection (g)(1) does not apply with respect to that determination under paragraph (3).”
“(b) Insurance of United States Government Property.—The authority of the Secretary of Transportation to provide insurance and reinsurance for a department, agency, or instrumentality of the United States Government under section 44305 is not effective after December 31, 2018.”
“(g) Use of Government Information.—The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission.
“(h) Postal Services.—The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.
“(i) Authority To Accept Gifts.—The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money.
“(j) Personal Services.—
“(1) Authority to procure.—The Commission may—
“(A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and
“(B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations.
“(2) Limitation.—The total number of experts or consultants procured pursuant to paragraph (1) may not exceed five experts or consultants.
“(3) Maximum daily pay rates.—The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.”
“(3) To build the capacity of a foreign country’s security forces to conduct counterterrorism operations.”
“(l) Notices to Congress.—Not less than 30 days before initiating an activity under a program of assistance under subsection (b), the Secretary of State and the Secretary of Defense shall jointly submit to the specified congressional committees a notification that includes the following:
“(1) A notification of the intent to transfer funds into the Fund under subsection (f) or any other authority, including the original source of the funds.
“(2) A detailed justification for the total anticipated program for each country, including total anticipated costs and the specific activities contained therein.
“(3) The budget, execution plan and timeline, and anticipated completion date for the activity.
“(4) A list of other security-related assistance or justice sector and stabilization assistance that the United States is currently providing the country concerned and that is related to or supported by the activity.
“(5) Such other information relating to the program or activity as the Secretary of State or Secretary of Defense considers appropriate.”
“(m) Guidance and Processes for Exercise of Authority.—Not later than 15 days after the date on which guidance and processes for implementation of the authority in subsection (b) have been issued, the Secretary of State and the Secretary of Defense shall jointly submit a report to the specified congressional committees on such guidance and processes. The Secretary of State and Secretary of Defense shall jointly submit additional reports not later than 15 days after the date on which any future modifications to the guidance and processes for implementation of the authority in subsection (b) are issued.”
“(f) Additional Authority for Activities of OSCI.—
“(1) In general.—During fiscal year 2014,”
; and
“(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.”
“(C) An assessment of the capability of the Afghan National Security Forces (ANSF) to provide security for such project after January 1, 2015, including an estimate of the ANSF force levels, if any, required to secure such project. Such assessment should include the estimated costs of providing security and whether or not the Government of Afghanistan is committed to providing such security.”
; and
“(D) In the case of funds for fiscal year 2014, until September 30, 2015.”
“(c) Improved Application Process.—
“(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 improve the efficiency by which applications for special immigrant visas under section 1244(a), are processed so that all steps under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, should be completed not later than 9 months after the date on which an eligible alien submits all required materials to complete an application for such visa.
“(2) Construction.—Nothing in this section shall be construed to limit the ability of a Secretary referred to in paragraph (1) to take longer than 9 months to complete those steps incidental to the issuance of such visas in high-risk cases for which satisfaction of national security concerns requires additional time.
“(d) Representation.—An alien applying for admission to the United States pursuant to this subtitle may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government.”
“(A) In general.—Except as provided under subparagraph (B), a recommendation”
; and
“(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 that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and
“(II) be provided not more than one written appeal—
“(aa) that shall be submitted not more than 120 days after the date that the applicant receives such decision in writing; and
“(bb) that may request reopening of such decision and provide additional information, clarify existing information, or explain any unfavorable information.
“(ii) Iraqi special immigrant visa coordinator.—The Secretary of State shall designate, in the Embassy of the United States in Baghdad, Iraq, an Iraqi Special Immigrant Visa 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 information supporting Chief of Mission denials if an appeal of a denial is filed;
“(II) responsibility for ensuring that an applicant described in clause (i) receives the information described in clause (i)(I); and
“(III) responsibility for ensuring that every applicant is provided a reasonable opportunity to provide additional information, clarify existing information, or explain any unfavorable information pursuant to clause (i)(II).”
; and
“(5) Evidence of serious threat.—A credible sworn statement depicting dangerous country conditions, together with official evidence of such country conditions from the United States Government, should be considered as a factor in determination of whether the alien has experienced or is experiencing an ongoing serious threat as a consequence of the alien’s employment by the United States Government for purposes of paragraph (1)(D).”
; and
“(C) Limitation on number of visas.—
“(i) In general.—The total number of principal aliens who may be provided special immigrant status under this section after January 1, 2014, shall be not more than 2500.
“(ii) Employment period.—The 1-year period during which the principal alien is required to have been employed by or on behalf of the United States Government in Iraq under subsection (b)(1)(B) shall begin on or after March 20, 2003, and end on or before September 30, 2013.
“(iii) Application deadline.—The principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(4) not later than September 30, 2014.”
; and
“(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, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate; and
“(B) the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Armed Services 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 significant 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 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) of 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) the 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.
“(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).
“(h) Senior Coordinating Officials.—
“(1) Requirement to designate.—The Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense shall each designate a senior coordinating official, with sufficient expertise, authority, and resources, to carry out the duties described in paragraph (2), with regard to the issuance of special immigrant visas under this subtitle and the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note).
“(2) Duties.—Each senior coordinating official designated under paragraph (1) shall—
“(A) develop proposals to improve the efficiency and effectiveness of the process for issuing special immigrant visas under this subtitle and the Afghan Allies Protection Act of 2009;
“(B) coordinate and monitor the implementation of such proposals;
“(C) include such proposals in the report required by subsection (f) and in each quarterly report required by subsection (g); and
“(D) implement appropriate actions as authorized by law to carry out the improvements described in the report required by subsection (f).
“(3) Submission to congress.—Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense shall each submit to the committees set out in subparagraphs (A) and (B) of subsection (f)(1) the name and title of the senior coordinating official designated under paragraph (1) by each such Secretary, along with a description of the relevant expertise, authority, and resources of such official.”
“(i) In general.—Except as provided under clause (ii), a recommendation”
; and
“(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 that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and
“(bb) be provided not more than one written appeal—
“(AA) that shall be submitted not more than 120 days after the date that the applicant receives such decision in writing; and
“(BB) that may request reopening of such decision and provide additional information, clarify existing information, or explain any unfavorable information.
“(II) Afghan special immigrant visa coordinator.—The Secretary of State shall designate, in the Embassy of the United States in Kabul, Afghanistan, an Afghan Special Immigrant Visa 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 information supporting Chief of Mission denials if an appeal of a denial is filed;
“(bb) responsibility for ensuring that an applicant described in subclause (I) receives the information described in subclause (I)(aa); and
“(cc) responsibility for ensuring that every applicant is provided a reasonable opportunity to provide additional information, clarify existing information, or explain any unfavorable information pursuant to clause (I)(bb).”
; and
“(E) Evidence of serious threat.—A credible sworn statement depicting dangerous country conditions, together with official evidence of such country conditions from the United States Government, should be considered as a factor in determination of whether the alien has experienced or is experiencing an ongoing serious threat as a consequence of the alien’s employment by the United States Government for purposes of subparagraph (A)(iv).
“(F) Representation.—An alien applying for admission to the United States pursuant to this title may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government.”
“(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 under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, should be completed not later than 9 months after the date on which an eligible alien submits all required materials to complete an application for such visa.
“(B) Construction.—Nothing in this section shall be construed to limit the ability of a Secretary referred to in subparagraph (A) to take longer than 9 months to complete those steps incidental to the issuance of such visas in high-risk cases for which satisfaction of national security concerns requires additional time.
“(C) Prohibition on fees.—The Secretary”
; and
“(12) Report on improvements.—
“(A) Requirement for report.—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.
“(B) Contents.—The report required by subparagraph (A) shall describe the implementation of improvements to the processing of applications for special immigrant visas under this subsection, including information relating to—
“(i) 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 significant delay;
“(ii) the financial, security, and personnel considerations and resources necessary to carry out this section;
“(iii) the number of aliens who have applied for special immigrant visas under this subsection during each month of the preceding fiscal year;
“(iv) the reasons for the failure to process any applications that have been pending for longer than 9 months;
“(v) the total number of applications that are pending due to the failure—
“(I) to receive approval from the Chief of Mission;
“(II) of 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;
“(vi) the average wait times for an applicant at each of the stages described in clause (v);
“(vii) the number of denials or rejections at each of the stages described in clause (v); and
“(viii) the 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 clauses (iii) through (viii) of paragraph (12)(B).”
“(E) a description of the structure of Iran’s global network of terrorist and criminal groups and an analysis of the capability of such network of groups and how such network of groups operates to support and reinforce Iran’s grand strategy.”
“(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.”
“(c) Update.—The Secretary of Defense shall revise or supplement the most recent report submitted pursuant to subsection (a) if, in the Secretary’s estimation, interim events or developments occurring in a period between reports required under subsection (a) warrant revision or supplement.”
“(e) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—
“(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
“(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.”
“(e) Congressional Briefing.—Not later than May 15 of each year, the President shall provide to the appropriate congressional committees a briefing on the most-recent report required by this section.”
“(5) provide for the appropriate recovery of any strategic and critical materials under section 3(a) that may be available from excess materials made available for recovery purposes by other Federal agencies;”
“(D) Encouraging the appropriate conservation of strategic and critical materials.”
“(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 purchase of equipment, supplies, or materials for mining and oil and gas resources during fiscal year 2014 or the installation of such equipment, supplies, or materials, 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.”
; and
Ҥ 2279. Foreign commercial satellite services
“(a) Prohibition.—Except as provided in subsection (b), the Secretary of Defense may not enter into a contract for satellite services with a foreign entity if the Secretary reasonably believes that—
“(1) the foreign entity is an entity in which the government of a covered foreign country has an ownership interest that enables that government to affect satellite operations; or
“(2) the foreign entity plans to or is expected to provide launch or other satellite services under the contract from a covered foreign country.
“(b) Notice and Exception.—The prohibition in subsection (a) shall not apply to a contract if—
“(1) the Secretary determines it is in the national security of the United States to enter into such contract; and
“(2) not later than 7 days before entering into such contract, the Secretary, in consultation with the Director of National Intelligence, submits to the congressional defense committees a national security assessment for such contract that includes the following:
“(A) The projected period of performance (including any period covered by options to extend the contract), the financial terms, and a description of the services to be provided under the contract.
“(B) To the extent practicable, a description of the ownership interest that a covered foreign country has in the foreign entity providing satellite services to the Department of Defense under the contract and the launch or other satellite services that will be provided in a covered foreign country under the contract.
“(C) A justification for entering into a contract with such foreign entity and a description of the actions necessary to eliminate the need to enter into such a contract with such foreign entity in the future.
“(D) A risk assessment of entering into a contract with such foreign entity, including an assessment of mission assurance and security of information and a description of any measures necessary to mitigate risks found by such risk assessment.
“(c) Delegation of Notice and Exception Authority.—The Secretary of Defense may only delegate the authority under subsection (b) to enter into a contract subject to the prohibition under subsection (a) to the Deputy Secretary of Defense, the Under Secretary of Defense for Policy, or the Under Secretary of Defense for Acquisition, Technology, and Logistics and such authority may not be further delegated.
“(d) Form of Assessments.—Each assessment under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
“(e) Covered Foreign Country Defined.—In this section, the term ‘covered foreign country’ means a country described in section 1261(c)(2) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2019).”
“2279. Foreign commercial satellite services.”.
Ҥ 2419. Advancing small business growth
“(a) Contract Clause Required.—
(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall require the clause described in paragraph (2) to be included in each covered contract awarded by the Department of Defense.
“(2) The clause described in this paragraph is a clause that—
“(A) requires the contractor to acknowledge that acceptance of the contract may cause the business to exceed the applicable small business size standards (established pursuant to section 3(a) of the Small Business Act) for the industry concerned and that the contractor may no longer qualify as a small business concern for that industry; and
“(B) encourages the contractor to develop capabilities and characteristics typically desired in contractors that are competitive as an other-than-small business in that industry.
“(b) Availability of Assistance.—Covered small businesses may be provided assistance as part of any procurement technical assistance furnished pursuant to this chapter.
“(c) Definitions.—In this section:
“(1) The term ‘covered contract’ means a contract—
“(A) awarded to a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act; and
“(B) with an estimated annual value—
“(i) that will exceed the applicable receipt-based small business size standard; or
“(ii) if the contract is in an industry with an employee-based size standard, that will exceed $70,000,000.
“(2) The term ‘covered small business’ means a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act that has entered into a contract with the Department of Defense that includes a contract clause described in subsection (a)(2).”
“2419. Advancing small business growth.
“2420. Regulations.”.
“(c) Exception.—The value of the assistance provided in accordance with section 2419(b) of this title is not subject to the limitations in subsection (a).”
“(1) in the case”
“(2) in the case of a program sponsored by such an entity that provides assistance for covered small businesses pursuant to section 2419(b) of this title, the Secretary may agree to furnish the full cost of such assistance.”
“(e) In determining the level of funding to provide under an agreement under subsection (b), the Secretary shall consider the forecast by the eligible entity of demand for procurement technical assistance, and, in the case of an established program under this chapter, the outlays and receipts of such program during prior years of operation.”
“(D) a remediation plan with proposed new practices to better meet such goals, including analysis of factors leading to any failure to achieve such goals.”
“(i) review and approve subcontracting plans submitted by their subcontractors;
“(ii) monitor subcontractor compliance with their approved subcontracting plans;
“(iii) ensure that subcontracting reports are submitted by their subcontractors when required;
“(iv) acknowledge receipt of their subcontractors’ reports;
“(v) compare the performance of their subcontractors to subcontracting plans and goals; and
“(vi) discuss performance with subcontractors when necessary to ensure their subcontractors make a good faith effort to comply with their subcontracting plans”
“(G) a recitation of the types of records the successful offeror or bidder will maintain to demonstrate procedures which have been adopted to ensure subcontractors at all tiers comply with the requirements and goals set forth in the plan established in accordance with subparagraph (D) of this paragraph, including—
“(i) the establishment of source lists of small business concerns, small business concerns owned and controlled by veterans, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women; and
“(ii) efforts to identify and award subcontracts to such small business concerns; and”
“(16) Credit for Certain Subcontractors.—
“(A) For purposes of determining whether or not a prime contractor has attained the percentage goals specified in paragraph (6)—
“(i) if the subcontracting goals pertain only to a single contract with the executive agency, the prime contractor shall receive credit for small business concerns performing as first tier subcontractors or subcontractors at any tier pursuant to the subcontracting plans required under paragraph (6)(D) in an amount equal to the dollar value of work awarded to such small business concerns; and
“(ii) if the subcontracting goals pertain to more than one contract with one or more executive agencies, or to one contract with more than one executive agency, the prime contractor may only count first tier subcontractors that are small business concerns.
“(B) Nothing in this paragraph shall abrogate the responsibility of a prime contractor to make a good-faith effort to achieve the first tier small business subcontracting goals negotiated under paragraph (6)(A), or the requirement for subcontractors with further opportunities for subcontracting to make a good-faith effort to achieve the goals established under paragraph (6)(D).”
“(dd) Definitions Pertaining to Subcontracting.—In this Act:
“(1) Subcontract.—The term ‘subcontract’ means a legally binding agreement between a contractor that is already under contract to another party to perform work, and a third party, hereinafter referred to as the subcontractor, for the subcontractor to perform a part, or all, of the work that the contractor has undertaken.
“(2) First tier subcontractor.—The term ‘first tier subcontractor’ means a subcontractor who has a subcontract directly with the prime contractor.
“(3) At any tier.—The term ‘at any tier’ means any subcontractor other than a subcontractor who is a first tier subcontractor.”
Ҥ 806b. Art. 6b. Rights of the victim of an offense under this chapter
“(a) Rights of a Victim of an Offense Under This Chapter.—A victim of an offense under this chapter has the following rights:
“(1) The right to be reasonably protected from the accused.
“(2) The right to reasonable, accurate, and timely notice of any of the following:
“(A) A public hearing concerning the continuation of confinement prior to trial of the accused.
“(B) A preliminary hearing under section 832 of this title (article 32) relating to the offense.
“(C) A court-martial relating to the offense.
“(D) A public proceeding of the service clemency and parole board relating to the offense.
“(E) The release or escape of the accused, unless such notice may endanger the safety of any person.
“(3) The right not to be excluded from any public hearing or proceeding described in paragraph (2) unless the military judge or investigating officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding.
“(4) The right to be reasonably heard at any of the following:
“(A) A public hearing concerning the continuation of confinement prior to trial of the accused.
“(B) A sentencing hearing relating to the offense.
“(C) A public proceeding of the service clemency and parole board relating to the offense.
“(5) The reasonable right to confer with the counsel representing the Government at any proceeding described in paragraph (2).
“(6) The right to receive restitution as provided in law.
“(7) The right to proceedings free from unreasonable delay.
“(8) The right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under this chapter.
“(b) Victim of an Offense Under This Chapter Defined.—In this section, the term ‘victim of an offense under this chapter’ means a person who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter (the Uniform Code of Military Justice).
“(c) Legal Guardian for Certain Victims.—In the case of a victim of an offense under this chapter who is under 18 years of age, incompetent, incapacitated, or deceased, the military judge shall designate a legal guardian from among the representatives of the estate of the victim, a family member, or other suitable person to assume the victim’s rights under this section. However, in no event may the person so designated be the accused.
“(d) Rule of Construction.—Nothing in this section (article) shall be construed—
“(1) to authorize a cause of action for damages; or
“(2) to create, to enlarge, or to imply any duty or obligation to any victim of an offense under this chapter or other person for the breach of which the United States or any of its officers or employees could be held liable in damages.”
“806b. Art. 6b. Rights of the victim of an offense under this chapter.”.
Ҥ 832. Art. 32. Preliminary hearing
“(a) Preliminary Hearing Required.—
(1) No charge or specification may be referred to a general court-martial for trial until completion of a preliminary hearing.
“(2) The purpose of the preliminary hearing shall be limited to the following:
“(A) Determining whether there is probable cause to believe an offense has been committed and the accused committed the offense.
“(B) Determining whether the convening authority has court-martial jurisdiction over the offense and the accused.
“(C) Considering the form of charges.
“(D) Recommending the disposition that should be made of the case.
“(b) Hearing Officer.—
(1) A preliminary hearing under subsection (a) shall be conducted by an impartial judge advocate certified under section 827(b) of this title (article 27(b)) whenever practicable or, in exceptional circumstances in which the interests of justice warrant, by an impartial hearing officer who is not a judge advocate. If the hearing officer is not a judge advocate, a judge advocate certified under section 827(b) of this title (article 27(b)) shall be available to provide legal advice to the hearing officer.
“(2) Whenever practicable, when the judge advocate or other hearing officer is detailed to conduct the preliminary hearing, the officer shall be equal to or senior in grade to military counsel detailed to represent the accused or the Government at the preliminary hearing.
“(c) Report of Results.—After conducting a preliminary hearing under subsection (a), the judge advocate or other officer conducting the preliminary hearing shall prepare a report that addresses the matters specified in subsections (a)(2) and (f).
“(d) Rights of Accused and Victim.—
(1) The accused shall be advised of the charges against the accused and of the accused’s right to be represented by counsel at the preliminary hearing under subsection (a). The accused has the right to be represented at the preliminary hearing as provided in section 838 of this title (article 38) and in regulations prescribed under that section.
“(2) The accused may cross-examine witnesses who testify at the preliminary hearing and present additional evidence in defense and mitigation, relevant to the limited purposes of the hearing, as provided for in paragraph (4) and subsection (a)(2).
“(3) A victim may not be required to testify at the preliminary hearing. A victim who declines to testify shall be deemed to be not available for purposes of the preliminary hearing.
“(4) The presentation of evidence and examination (including cross-examination) of witnesses at a preliminary hearing shall be limited to the matters relevant to the limited purposes of the hearing, as provided in subsection (a)(2).
“(e) Recording of Preliminary Hearing.—A preliminary hearing under subsection (a) shall be recorded by a suitable recording device. The victim may request the recording and shall have access to the recording as prescribed by the Manual for Courts-Martial.
“(f) Effect of Evidence of Uncharged Offense.—If evidence adduced in a preliminary hearing under subsection (a) indicates that the accused committed an uncharged offense, the hearing officer may consider the subject matter of that offense without the accused having first been charged with the offense if the accused—
“(1) is present at the preliminary hearing;
“(2) is informed of the nature of each uncharged offense considered; and
“(3) is afforded the opportunities for representation, cross-examination, and presentation consistent with subsection (d).
“(g) Effect of Violation.—The requirements of this section are binding on all persons administering this chapter, but failure to follow the requirements does not constitute jurisdictional error.
“(h) Victim Defined.—In this section, the term ‘victim’ means a person who—
“(1) is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification being considered; and
“(2) is named in one of the specifications.”
“832. Art 32. Preliminary hearing.”.
“(c)
(1) Under regulations of the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.
“(2)
(A) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this section. Subject to regulations of the Secretary concerned, such action may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier.
“(B) Except as provided in paragraph (4), the convening authority or another person authorized to act under this section may approve, disapprove, commute, or suspend the sentence of the court-martial in whole or in part.
“(C) If the convening authority or another person authorized to act under this section acts to disapprove, commute, or suspend, in whole or in part, the sentence of the court-martial for an offense (other than a qualifying offense), the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of the trial and action thereon.
“(3)
(A) Action on the findings of a court-martial by the convening authority or by another person authorized to act under this section is not required.
“(B) If the convening authority or another person authorized to act under this section acts on the findings of a court-martial, the convening authority or other person—
“(i) may not dismiss any charge or specification, other than a charge or specification for a qualifying offense, by setting aside a finding of guilty thereto; or
“(ii) may not change a finding of guilty to a charge or specification, other than a charge or specification for a qualifying offense, to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
“(C) If the convening authority or another person authorized to act under this section acts on the findings to dismiss or change any charge or specification for an offense (other than a qualifying offense), the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of the trial and action thereon.
“(D)
(i) In this subsection, the term ‘qualifying offense’ means, except in the case of an offense excluded pursuant to clause (ii), an offense under this chapter for which—
“(I) the maximum sentence of confinement that may be adjudged does not exceed two years; and
“(II) the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months.
“(ii) Such term does not include any of the following:
“(I) An offense under subsection (a) or (b) of section 920 of this title (article 120).
“(II) An offense under section 920b or 925 of this title (articles 120b and 125).
“(III) Such other offenses as the Secretary of Defense may specify by regulation.
“(4)
(A) Except as provided in subparagraph (B) or (C), the convening authority or another person authorized to act under this section may not disapprove, commute, or suspend in whole or in part an adjudged sentence of confinement for more than six months or a sentence of dismissal, dishonorable discharge, or bad conduct discharge.
“(B) Upon the recommendation of the trial counsel, in recognition of the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the convening authority or another person authorized to act under this section shall have the authority to disapprove, commute, or suspend the adjudged sentence in whole or in part, even with respect to an offense for which a mandatory minimum sentence exists.
“(C) If a pre-trial agreement has been entered into by the convening authority and the accused, as authorized by Rule for Courts–Martial 705, the convening authority or another person authorized to act under this section shall have the authority to approve, disapprove, commute, or suspend a sentence in whole or in part pursuant to the terms of the pre-trial agreement, subject to the following limitations for convictions of offenses that involve a mandatory minimum sentence:
“(i) If a mandatory minimum sentence of a dishonorable discharge applies to an offense for which the accused has been convicted, the convening authority or another person authorized to act under this section may commute the dishonorable discharge to a bad conduct discharge pursuant to the terms of the pre-trial agreement.
“(ii) Except as provided in clause (i), if a mandatory minimum sentence applies to an offense for which the accused has been convicted, the convening authority or another person authorized to act under this section may not disapprove, otherwise commute, or suspend the mandatory minimum sentence in whole or in part, unless authorized to do so under subparagraph (B).”
“(c) Process.—Process issued”
; and
“(b) Defense Counsel Interview of Victim of Alleged Sex-Related Offense.—
(1) Upon notice by trial counsel to defense counsel of the name of an alleged victim of an alleged sex-related offense who trial counsel intends to call to testify at a preliminary hearing under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make any request to interview the victim through trial counsel.
“(2) If requested by an alleged victim of an alleged sex-related offense who is subject to a request for interview under paragraph (1), any interview of the victim by defense counsel shall take place only in the presence of trial counsel, a counsel for the victim, or a Sexual Assault Victim Advocate.
“(3) In this subsection, the term ‘alleged sex-related offense’ means any allegation of—
“(A) a violation of section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125); or
“(B) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80).”
“(b)
(1) While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge, except as provided for in section 860 of this title (article 60).
“(2) Paragraph (1) applies to the following offenses:
“(A) An offense in violation of subsection (a) or (b) of section 920 of this title (article 120(a) or (b)).
“(B) Rape and sexual assault of a child under subsection (a) or (b) of section 920b of this title (article 120b).
“(C) Forcible sodomy under section 925 of this title (article 125).
“(D) An attempt to commit an offense specified in subparagraph (A), (B), or (C) that is punishable under section 880 of this title (article 80).”
“§ 856. Art. 56. Maximum and minimum limits”
“856. Art 56. Maximum and minimum limits.”.
“(b) A general court-martial”
; and
“(c) Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).”
“(d)
(1) In any case in which findings and sentence have been adjudged for an offense that involved a victim, the victim shall be provided an opportunity to submit matters for consideration by the convening authority or by another person authorized to act under this section before the convening authority or such other person takes action under this section.
“(2)
(A) Except as provided in subparagraph (B), the submission of matters under paragraph (1) shall be made within 10 days after the later of—
“(i) the date on which the victim has been given an authenticated record of trial in accordance with section 854(e) of this title (article 54(e)); and
“(ii) if applicable, the date on which the victim has been given the recommendation of the staff judge advocate or legal officer under subsection (e).
“(B) In the case of a summary court-martial, the submission of matters under paragraph (1) shall be made within seven days after the date on which the sentence is announced.
“(3) If a victim shows that additional time is required for submission of matters under paragraph (1), the convening authority or other person taking action under this section, for good cause, may extend the submission period under paragraph (2) for not more than an additional 20 days.
“(4) A victim may waive the right under this subsection to make a submission to the convening authority or other person taking action under this section. Such a waiver shall be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which a victim may make a submission under this subsection shall be deemed to have expired upon the submission of such waiver to the convening authority or such other person.
“(5) In this section, the term ‘victim’ means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice) and on which the convening authority or other person authorized to take action under this section is taking action under this section.”
“(5) The convening authority or other person taking action under this section shall not consider under this section any submitted matters that relate to the character of a victim unless such matters were presented as evidence at trial and not excluded at trial.”
Ҥ 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).”
“925. Art 125. Forcible sodomy; bestiality.”.
Ҥ 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.”
“657. Prohibition on service in the armed forces by individuals convicted of certain sexual offenses.”.
Ҥ 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.”
“674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense.”.
“(v) a court-martial proceeding; or”
; and
“(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.”
; and
“(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; and
“(F) the communication was made during the normal course of duties of the member.”
“(A) Outside the immediate chain of command of both the member submitting the allegation and the individual or individuals alleged to have taken the retaliatory action.
“(B) At least one organization higher in the chain of command than the organization of the member submitting the allegation and the individual or individuals alleged to have taken the retaliatory action.”
“(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.
“(2) If the Secretary concerned determines under paragraph (1) that a personnel action prohibited by subsection (b) has occurred, the Secretary shall—
“(A) order such action as is necessary to correct the record of a personnel action prohibited by subsection (b); and
“(B) take any appropriate disciplinary action against the individual who committed such prohibited personnel action.
“(3) If the Secretary concerned determines under paragraph (1) 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; and
“(B) when appropriate, refer the report to the appropriate board for the correction of military records for further review under subsection (g).”
“§ 1044e. Special Victims’ Counsel for victims of sex-related offenses
“(a) Designation; Purposes.—The Secretary concerned shall designate legal counsel (to be known as ‘Special Victims’ Counsel’) for the purpose of providing legal assistance to an individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.
“(b) Types of Legal Assistance Authorized.—The types of legal assistance authorized by subsection (a) include the following:
“(1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services.
“(2) Legal consultation regarding the Victim Witness Assistance Program, including—
“(A) the rights and benefits afforded the victim;
“(B) the role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison; and
“(C) the nature of communication made to the liaison in comparison to communication made to a Special Victims’ Counsel or a legal assistance attorney under section 1044 of this title.
“(3) Legal consultation regarding the responsibilities and support provided to the victim by the Sexual Assault Response Coordinator, a unit or installation Sexual Assault Victim Advocate, or domestic abuse advocate, to include any privileges that may exist regarding communications between those persons and the victim.
“(4) Legal consultation regarding the potential for civil litigation against other parties (other than the Department of Defense).
“(5) Legal consultation regarding the military justice system, including (but not limited to)—
“(A) the roles and responsibilities of the trial counsel, the defense counsel, and investigators;
“(B) any proceedings of the military justice process in which the victim may observe;
“(C) the Government’s authority to compel cooperation and testimony; and
“(D) the victim’s responsibility to testify, and other duties to the court.
“(6) Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense.
“(7) Legal consultation regarding eligibility and requirements for services available from appropriate agencies or offices for emotional and mental health counseling and other medical services;
“(8) Legal consultation and assistance—
“(A) in personal civil legal matters in accordance with section 1044 of this title;
“(B) in any proceedings of the military justice process in which a victim can participate as a witness or other party;
“(C) in understanding the availability of, and obtaining any protections offered by, civilian and military protecting or restraining orders; and
“(D) in understanding the eligibility and requirements for, and obtaining, any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of this title and other State and Federal victims’ compensation programs.
“(9) Such other legal assistance as the Secretary of Defense (or, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) may authorize in the regulations prescribed under subsection (h).
“(c) Nature of Relationship.—The relationship between a Special Victims’ Counsel and a victim in the provision of legal advice and assistance shall be the relationship between an attorney and client.
“(d) Qualifications.—An individual may not be designated as a Special Victims’ Counsel under this section unless the individual—
“(1) meets the qualifications specified in section 1044(d)(2) of this title; and
“(2) is certified as competent to be designated as a Special Victims’ Counsel by the Judge Advocate General of the armed force in which the judge advocate is a member or by which the civilian attorney is employed.
“(e) Administrative Responsibility.—
(1) Consistent with the regulations prescribed under subsection (h), the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Special Victims’ Counsel.
“(2) The Secretary of Defense (and, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) shall conduct a periodic evaluation of the Special Victims’ Counsel programs operated under this section.
“(f) Availability of Special Victims’ Counsel.—
(1) An individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense shall be offered the option of receiving assistance from a Special Victims’ Counsel upon report of an alleged sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.
“(2) The assistance of a Special Victims’ Counsel under this subsection shall be available to an individual eligible for military legal assistance under section 1044 of this title regardless of whether the individual elects unrestricted or restricted reporting of the alleged sex-related offense. The individual shall also be informed that the assistance of a Special Victims’ Counsel may be declined, in whole or in part, but that declining such assistance does not preclude the individual from subsequently requesting the assistance of a Special Victims’ Counsel.
“(g) Alleged Sex-related Offense Defined.—In this section, the term ‘alleged sex-related offense’ means any allegation of—
“(1) a violation of section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or
“(2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).
“(h) Regulations.—The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.”
“1044e. Special Victims’ Counsel for victims of sex-related offenses.”.
“(d) Tracking of Organizational Climate Assessment Compliance.—The Secretary of Defense shall direct the Secretaries of the military departments to verify and track the compliance of commanding officers in conducting organizational climate assessments, as required by subsection (a)(3).”
“SEC. 577. RETENTION OF CERTAIN FORMS IN CONNECTION WITH RESTRICTED REPORTS AND UNRESTRICTED REPORTS ON SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES.”
“(2) Availability for reserve component members.—The Secretary of the military department concerned shall ensure the timely access to a Sexual Assault Response Coordinator by any 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 Reserves; or
“(B) is the victim of a sexual assault committed by a member of the National Guard or Reserves.”
“(A) the qualifications necessary for a member of the Armed Forces or a civilian employee of the Department of Defense to be selected for assignment to duty as a Sexual Assault Response and Prevention Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis;
“(B) consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note; 125 Stat. 1433), the training, certification, and status of members of the Armed Forces and civilian employees of the department assigned to duty as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and”
“(4) collect and maintain data of the military departments on sexual assault in accordance with subsection (e);
“(5) 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; and
“(6) 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.”
“(e) Data Collection and Maintenance Metrics.—In carrying out the requirements of subsection (b)(4), the Director of the Sexual Assault Prevention and Response Office shall develop metrics to measure the effectiveness of, and compliance with, training and awareness objectives of the military departments on sexual assault prevention and response.”