National Defense Authorization Act for Fiscal Year 2014
Public Law 113–66, as amended
National Defense Authorization Act for Fiscal Year 2014
66
118–159
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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National Defense Authorization Act for Fiscal Year 2014
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2013-12-26
National Defense Authorization Act for Fiscal Year 2014
[(Public Law 113–66)]
[As Amended Through P.L. 118–159, Enacted December 23, 2024]
[Currency: This publication is a compilation of the text of Public Law 113–66. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.

SHORT TITLE.
This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2014”.
SEC. 2.

ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a)

Divisions.—
This Act is organized into four divisions as follows:
(1)
Division A—Department of Defense Authorizations.
(2)
Division B—Military Construction Authorizations.
(3)
Division C—Department of Energy National Security Authorizations and Other Authorizations.
(4)
Division D—Funding Tables.
(b)

Table of Contents.—
The table of contents for this Act is as follows:
Sec. 1.
Short title.
Sec. 2.
Organization of Act into divisions; table of contents.
Sec. 3.
Congressional defense committees.
Sec. 4.
Explanatory statement.
DIVISION A—
DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—
PROCUREMENT
Subtitle A—
Authorization of Appropriations
Sec. 101.
Authorization of appropriations.
Subtitle B—
Army Programs
Sec. 111.
Limitation on availability of funds for Stryker vehicle program.
Sec. 112.
Study on multiyear, multivehicle procurement authority for tactical vehicles.
Subtitle C—
Navy Programs
Sec. 121.
CVN-78 class aircraft carrier program.
Sec. 122.
Repeal of requirements relating to procurement of future surface combatants.
Sec. 123.
Multiyear procurement authority for E-2D aircraft program.
Sec. 124.
Limitation on availability of funds for Littoral Combat Ship.
Subtitle D—
Air Force Programs
Sec. 131.
Repeal of requirement for maintenance of certain retired KC-135E aircraft.
Sec. 132.
Multiyear procurement authority for C-130J aircraft.
Sec. 133.
Prohibition on cancellation or modification of avionics modernization program for C-130 aircraft.
Sec. 134.
Prohibition of procurement of unnecessary C-27J aircraft by the Air Force.
Subtitle E—
Defense-wide, Joint, and Multiservice Matters
Sec. 141.
Personal protection equipment procurement.
Sec. 142.
Repeal of certain F-35 reporting requirements.
Sec. 143.
Limitation on availability of funds for retirement of RQ-4 Global Hawk unmanned aircraft systems and A-10 aircraft.
Sec. 144.
MC-12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft.
Sec. 145.
Competition for evolved expendable launch vehicle providers.
Sec. 146.
Reports on personal protection equipment and health and safety risks associated with ejection seats.
TITLE II—
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—
Authorization of Appropriations
Sec. 201.
Authorization of appropriations.
Subtitle B—
Program Requirements, Restrictions, and Limitations
Sec. 211.
Modification of requirements on biennial strategic plan for the Defense Advanced Research Projects Agency.
Sec. 212.
Limitation on availability of funds for ground combat vehicle engineering and manufacturing phase.
Sec. 213.
Limitation and reporting requirements for unmanned carrier-launched surveillance and strike system program.
Sec. 214.
Limitation on availability of funds for Air Force logistics transformation.
Sec. 215.
Limitation on availability of funds for defensive cyberspace operations of the Air Force.
Sec. 216.
Limitation on availability of funds for precision extended range munition program.
Sec. 217.
Long-range standoff weapon requirement; prohibition on availability of funds for noncompetitive procedures for offensive anti-surface warfare weapon contracts of the Navy.
Sec. 218.
Review of software development for F-35 aircraft.
Sec. 219.
Evaluation and assessment of the distributed common ground system.
Sec. 220.
Operationally responsive space.
Sec. 221.
Sustainment or replacement of Blue Devil intelligence, surveillance, and reconnaissance capabilities.
Subtitle C—
Missile Defense Programs
Sec. 231.
Improvements to acquisition accountability reports on ballistic missile defense system.
Sec. 232.
Prohibition on use of funds for MEADS program.
Sec. 233.
Prohibition on availability of funds for integration of certain missile defense systems; report on regional ballistic missile defense.
Sec. 234.
Availability of funds for co-production of Iron Dome short-range rocket defense system in the United States.
Sec. 235.
Additional missile defense radar for the protection of the United States homeland.
Sec. 236.
Evaluation of options for future ballistic missile defense sensor architectures.
Sec. 237.
Plans to improve the ground-based midcourse defense system.
Sec. 238.
Report on potential future homeland ballistic missile defense options.
Sec. 239.
Briefings on status of implementation of certain missile defense matters.
Sec. 240.
Sense of Congress and report on NATO and missile defense burden-sharing.
Sec. 241.
Sense of Congress on deployment of regional ballistic missile defense capabilities.
Sec. 242.
Sense of Congress on procurement of capability enhancement II exoatmospheric kill vehicle.
Subtitle D—
Reports
Sec. 251.
Annual Comptroller General report on the amphibious combat vehicle acquisition program.
Sec. 252.
Annual Comptroller General of the United States report on the acquisition program for the VXX Presidential Helicopter.
Sec. 253.
Report on strategy to improve body armor.
Subtitle E—
Other Matters
Sec. 261.
Establishment of Communications Security Review and Advisory Board.
Sec. 262.
Extension and expansion of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.
Sec. 263.
Extension of authority to award prizes for advanced technology achievements.
Sec. 264.
Five-year extension of pilot program to include technology protection features during research and development of certain defense systems.
Sec. 265.
Briefing on biometrics activities of the Department of Defense.
Sec. 266.
Sense of Congress on importance of aligning common missile compartment of Ohio-class replacement program with the United Kingdom’s Vanguard successor program.
Sec. 267.
Sense of Congress on counter-electronics high power microwave missile project.
TITLE III—
OPERATION AND MAINTENANCE
Subtitle A—
Authorization of Appropriations
Sec. 301.
Operation and maintenance funding.
Subtitle B—
Energy and Environment
Sec. 311.
Deadline for submission of reports on proposed budgets for activities relating to operational energy strategy.
Sec. 312.
Facilitation of interagency cooperation in conservation programs of the Departments of Defense, Agriculture, and Interior to avoid or reduce adverse impacts on military readiness activities.
Sec. 313.
Reauthorization of Sikes Act.
Sec. 314.
Clarification of prohibition on disposing of waste in open-air burn pits.
Sec. 315.
Limitation on availability of funds for procurement of drop-in fuels.
Subtitle C—
Logistics and Sustainment
Sec. 321.
Strategic policy for prepositioned materiel and equipment.
Sec. 322.
Department of Defense manufacturing arsenal study and report.
Sec. 323.
Consideration of Army arsenals’ capabilities to fulfill manufacturing requirements.
Sec. 324.
Strategic policy for the retrograde, reconstitution, and replacement of operating forces used to support overseas contingency operations.
Sec. 325.
Littoral Combat Ship Strategic Sustainment Plan.
Sec. 326.
Strategy for improving asset tracking and in-transit visibility.
Subtitle D—
Reports
Sec. 331.
Additional reporting requirements relating to personnel and unit readiness.
Sec. 332.
Modification of authorities on prioritization of funds for equipment readiness and strategic capability.
Sec. 333.
Revision to requirement for annual submission of information regarding information technology capital assets.
Sec. 334.
Modification of annual corrosion control and prevention reporting requirements.
Subtitle E—
Limitations and Extensions of Authority
Sec. 341.
Certification for realignment of forces at Lajes Air Force Base, Azores.
Sec. 342.
Limitation on performance of Department of Defense flight demonstration teams outside the United States.
Sec. 343.
Limitation on funding for United States Special Operations Command National Capital Region.
Sec. 344.
Limitation on availability of funds for Trans Regional Web Initiative.
Subtitle F—
Other Matters
Sec. 351.
Gifts made for the benefit of military musical units.
Sec. 352.
Revised policy on ground combat and camouflage utility uniforms.
TITLE IV—
MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—
Active Forces
Sec. 401.
End strengths for active forces.
Sec. 402.
Revisions in permanent active duty end strength minimum levels and in annual limitation on certain end strength reductions.
Subtitle B—
Reserve Forces
Sec. 411.
End strengths for Selected Reserve.
Sec. 412.
End strengths for Reserves on active duty in support of the reserves.
Sec. 413.
End strengths for military technicians (dual status).
Sec. 414.
Fiscal year 2014 limitation on number of non-dual status technicians.
Sec. 415.
Maximum number of reserve personnel authorized to be on active duty for operational support.
Subtitle C—
Authorization of Appropriations
Sec. 421.
Military personnel.
TITLE V—
MILITARY PERSONNEL POLICY
Subtitle A—
Officer Personnel Policy Generally
Sec. 501.
Congressional notification requirements related to increases in number of general and flag officers on active duty or in joint duty assignments.
Sec. 502.
Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer.
Sec. 503.
Selective early retirement authority for regular officers and selective early removal of officers from reserve active-status list.
Subtitle B—
Reserve Component Management
Sec. 511.
Suicide prevention efforts for members of the reserve components.
Sec. 512.
Removal of restrictions on the transfer of officers between the active and inactive National Guard.
Sec. 513.
Limitations on cancellations of deployment of certain reserve component units and involuntary mobilizations of certain Reserves.
Sec. 514.
Review of requirements and authorizations for reserve component general and flag officers in an active status.
Sec. 515.
Feasibility of establishing a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.
Subtitle C—
General Service Authorities
Sec. 521.
Provision of information under Transition Assistance Program about disability-related employment and education protections.
Sec. 522.
Medical examination requirements regarding post-traumatic stress disorder or traumatic brain injury before administrative separation.
Sec. 523.
Establishment and use of consistent definition of gender-neutral occupational standard for military career designators.
Sec. 524.
Sense of Congress regarding the Women in Service Implementation Plan.
Sec. 525.
Provision of military service records to the Secretary of Veterans Affairs in an electronic format.
Sec. 526.
Review of Integrated Disability Evaluation System.
Subtitle D—
Military Justice Matters, Other Than Sexual Assault Prevention and Response and Related Reforms
Sec. 531.
Modification of eligibility for appointment as Judge on the United States Court of Appeals for the Armed Forces.
Sec. 532.
Enhancement of protection of rights of conscience of members of the Armed Forces and chaplains of such members.
Sec. 533.
Inspector General investigation of Armed Forces compliance with regulations for the protection of rights of conscience of members of the Armed Forces and their chaplains.
Sec. 534.
Survey of military chaplains views on Department of Defense policy regarding chaplain prayers outside of religious services.
Subtitle E—
Member Education and Training
Sec. 541.
Additional requirements for approval of educational programs for purposes of certain educational assistance under laws administered by the Secretary of Defense.
Sec. 542.
Enhancement of mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses.
Sec. 543.
Report on the Troops to Teachers program.
Sec. 544.
Secretary of Defense report on feasibility of requiring automatic operation of current prohibition on accrual of interest on direct student loans of certain members of the Armed Forces.
Subtitle F—
Defense Dependents’ Education and Military Family Readiness Matters
Sec. 551.
Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
Sec. 552.
Impact aid for children with severe disabilities.
Sec. 553.
Treatment of tuition payments received for virtual elementary and secondary education component of Department of Defense education program.
Sec. 554.
Family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.
Sec. 555.
Sense of Congress on parental rights of members of the Armed Forces in child custody determinations.
Subtitle G—
Decorations and Awards
Sec. 561.
Repeal of limitation on number of medals of honor that may be awarded to the same member of the Armed Forces.
Sec. 562.
Standardization of time-limits for recommending and awarding Medal of Honor, Distinguished-Service Cross, Navy Cross, Air Force Cross, and Distinguished-Service Medal.
Sec. 563.
Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll requirements.
Sec. 564.
Prompt replacement of military decorations.
Sec. 565.
Review of eligibility for, and award of, Purple Heart to victims of the attacks at recruiting station in Little Rock, Arkansas, and at Fort Hood, Texas.
Sec. 566.
Authorization for award of the Medal of Honor to former members of the Armed Forces previously recommended for award of the Medal of Honor.
Sec. 567.
Authorization for award of the Medal of Honor for acts of valor during the Vietnam War.
Sec. 568.
Authorization for award of the Distinguished-Service Cross for acts of valor during the Korean and Vietnam Wars.
Sec. 569.
Authorization for award of the Medal of Honor to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War.
Subtitle H—
Other Studies, Reviews, Policies, and Reports
Sec. 571.
Report on feasibility of expanding performance evaluation reports to include 360-degree assessment approach.
Sec. 572.
Report on Department of Defense personnel policies regarding members of the Armed Forces with HIV or Hepatitis B.
Sec. 573.
Policy on military recruitment and enlistment of graduates of secondary schools.
Sec. 574.
Comptroller General report on use of determination of personality disorder or adjustment disorder as basis to separate members from the Armed Forces.
Subtitle I—
Other Matters
Sec. 581.
Accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing and related reports.
Sec. 582.
Expansion of privileged information authorities to debriefing reports of certain recovered persons who were never placed in a missing status.
Sec. 583.
Revision of specified senior military colleges to reflect consolidation of North Georgia College and State University and Gainesville State College.
Sec. 584.
Review of security of military installations, including barracks, temporary lodging facilities, and multi-family residences.
Sec. 585.
Authority to enter into concessions contracts at Army National Military Cemeteries.
Sec. 586.
Military salute during recitation of pledge of allegiance by members of the Armed Forces not in uniform and by veterans.
Sec. 587.
Improved climate assessments and dissemination of results.
TITLE VI—
COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—
Pay and Allowances
Sec. 601.
Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.
Sec. 602.
Recognition of additional means by which members of the National Guard called into Federal service for a period of 30 days or less may initially report for duty for entitlement to basic pay.
Subtitle B—
Bonuses and Special and Incentive Pays
Sec. 611.
One-year extension of certain bonus and special pay authorities for reserve forces.
Sec. 612.
One-year extension of certain bonus and special pay authorities for health care professionals.
Sec. 613.
One-year extension of special pay and bonus authorities for nuclear officers.
Sec. 614.
One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.
Sec. 615.
One-year extension of authorities relating to payment of other title 37 bonuses and special pays.
Sec. 616.
One-year extension of authority to provide incentive pay for members of precommissioning programs pursuing foreign language proficiency.
Sec. 617.
Authority to provide bonus to certain cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
Sec. 618.
Health Professions Stipend Program to obtain commissioned officers in the reserve components.
Subtitle C—
Travel and Transportation Allowances
Sec. 621.
Technical and standardizing amendments to Department of Defense travel and transportation authorities in connection with reform of such authorities.
Subtitle D—
Disability, Retired Pay, and Survivor Benefits
Sec. 631.
Clarification of prevention of retired pay inversion in the case of members whose retired pay is computed using high-three.
Sec. 632.
Periodic notice to members of the Ready Reserve on early retirement credit earned for significant periods of active Federal status or active duty.
Sec. 633.
Improved assistance for Gold Star spouses and other dependents.
Subtitle E—
Commissary and Nonappropriated Fund Instrumentality Benefits and Operations
Sec. 641.
Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals.
Sec. 642.
Modernization of titles of nonappropriated fund instrumentalities for purposes of certain civil service laws.
Subtitle F—
Other Matters
Sec. 651.
Authority to provide certain expenses for care and disposition of human remains that were retained by the Department of Defense for forensic pathology investigation.
Sec. 652.
Study of the merits and feasibility of providing transitional compensation and other transitional benefits to dependents of members separated for violation of the Uniform Code of Military Justice.
TITLE VII—
HEALTH CARE PROVISIONS
Subtitle A—
TRICARE and Other Health Care Benefits
Sec. 701.
Future availability of TRICARE Prime for certain beneficiaries enrolled in TRICARE Prime.
Sec. 702.
Mental health care treatment through telemedicine.
Sec. 703.
Comprehensive policy on improvements to care and transition of members of the Armed Forces with urotrauma.
Sec. 704.
Pilot program on investigational treatment of members of the Armed Forces for traumatic brain injury and post-traumatic stress disorder.
Subtitle B—
Health Care Administration
Sec. 711.
Authority of Uniformed Services University of Health Sciences to enter into contracts and agreements and make grants to other nonprofit entities.
Sec. 712.
Pilot program on increased third-party collection reimbursements in military medical treatment facilities.
Sec. 713.
Electronic health records of the Department of Defense and the Department of Veterans Affairs.1
^1
Section 715(i) of division A of Public Law 116–92 repealed section 713 without making a corresponding amendment to repeal the item relating to such section in the table of contents.
Subtitle C—
Reports and Other Matters
Sec. 721.
Display of budget information for embedded mental health providers of the reserve components.
Sec. 722.
Report on role of Department of Veterans Affairs in certain Centers of Excellence.
Sec. 723.
Report on memorandum regarding traumatic brain injuries.
Sec. 724.
Report on provision of advanced prosthetics and orthotics to members of the Armed Forces and veterans.
Sec. 725.
Comptroller General reports on TRICARE recovery audit program and availability of compounded pharmaceuticals.
TITLE VIII—
ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A—
Acquisition Policy and Management
Sec. 801.
Enhanced transfer of technology developed at Department of Defense laboratories.
Sec. 802.
Extension of limitation on aggregate annual amount available for contract services.
Sec. 803.
Identification and replacement of obsolete electronic parts.
Subtitle B—
Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 811.
Government-wide limitations on allowable costs for contractor compensation.
Sec. 812.
Inclusion of additional cost estimate information in certain reports.
Sec. 813.
Amendment relating to compelling reasons for waiving suspension or debarment.
Sec. 814.
Extension of pilot program on acquisition of military purpose nondevelopmental items.
Subtitle C—
Provisions Relating to Major Defense Acquisition Programs
Sec. 821.
Synchronization of cryptographic systems for major defense acquisition programs.
Sec. 822.
Assessment of dedicated ground control system before Milestone B approval of major defense acquisition programs constituting a space program.
Sec. 823.
Additional responsibility for product support managers for major weapon systems.
Sec. 824.
Comptroller General review of Department of Defense processes for the acquisition of weapon systems.
Subtitle D—
Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan
Sec. 831.
Prohibition on contracting with the enemy.
Sec. 832.
Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.
TITLE IX—
DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A—
Department of Defense Management
Sec. 901.
Revisions to composition of transition plan for defense business enterprise architecture.
Sec. 902.
Comptroller General report on potential relocation of Federal Government tenants onto military installations in the United States.
Sec. 903.
Clarification of authority for the command acquisition executive of the United States Special Operations Command.
Sec. 904.
Streamlining of Department of Defense management headquarters.
Sec. 905.
Update of statutory statement of functions of the Chairman of the Joint Chiefs of Staff relating to doctrine, training, and education.
Sec. 906.
Modification of reference to major Department of Defense headquarters activities instruction.
Sec. 907.
Personnel security.
Subtitle B—
Space Activities
Sec. 911.
National security space satellite reporting policy.
Sec. 912.
National security space defense and protection.
Sec. 913.
Space acquisition strategy.
Sec. 914.
Space control mission report.
Sec. 915.
Responsive launch.
Sec. 916.
Limitation on use of funds for Space Protection Program.
Sec. 917.
Eagle Vision system.
Subtitle C—
Defense Intelligence and Intelligence-Related Activities
Sec. 921.
Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities.
Sec. 922.
Department of Defense intelligence priorities.
Sec. 923.
Defense Clandestine Service.
Sec. 924.
Prohibition on National Intelligence Program consolidation.
Subtitle D—
Cyberspace-Related Matters
Sec. 931.
Modification of requirement for inventory of Department of Defense tactical data link systems.
Sec. 932.
Authorities, capabilities, and oversight of the United States Cyber Command.
Sec. 933.
Mission analysis for cyber operations of Department of Defense.
Sec. 934.
Modification of requirement for Report on Department of Defense Progress in Defending the Department and the Defense Industrial Base from Cyber Events.
Sec. 935.
Additional requirements relating to the software licenses of the Department of Defense.
Sec. 936.
Cyber outreach and threat awareness for small businesses.
Sec. 937.
Joint Federated Centers for Trusted Defense Systems for the Department of Defense.2
^2
Section 937 was repealed by section 922(c) of division A of Public Law 118-159.
Sec. 938.
Supervision of the acquisition of cloud computing capabilities.
Sec. 939.
Cyber vulnerabilities of Department of Defense weapon systems and tactical communications systems.
Sec. 940.
Control of the proliferation of cyber weapons.
Sec. 941.
Integrated policy to deter adversaries in cyberspace.
Sec. 942.
National Centers of Academic Excellence in Information Assurance Education matters.
Subtitle E—
Total Force Management
Sec. 951.
Reviews of appropriate manpower performance.
TITLE X—
GENERAL PROVISIONS
Subtitle A—
Financial Matters
Sec. 1001.
General transfer authority.
Sec. 1002.
Budgetary effects of this Act.
Sec. 1003.
Audit of Department of Defense fiscal year 2018 financial statements.
Sec. 1004.
Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization.
Subtitle B—
Counter-Drug Activities
Sec. 1011.
Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia.
Sec. 1012.
Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.
Sec. 1013.
Extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments.
Subtitle C—
Naval Vessels and Shipyards
Sec. 1021.
Modification of requirements for annual long-range plan for the construction of naval vessels.
Sec. 1022.
Clarification of sole ownership resulting from ship donations at no cost to the Navy.
Sec. 1023.
Availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships.
Sec. 1024.
Extension and remediation of Navy contracting actions.
Sec. 1025.
Report comparing costs of DDG 1000 and DDG 51 Flight III ships.
Sec. 1026.
Report on naval vessels and the Force Structure Assessment.
Sec. 1027.
Modification of policy relating to major combatant vessels of the strike forces of the Navy.
Subtitle D—
Counterterrorism
Sec. 1031.
Clarification of procedures for use of alternate members on military commissions.
Sec. 1032.
Modification of Regional Defense Combating Terrorism Fellowship Program reporting requirement.
Sec. 1033.
Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1034.
Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035.
Transfers to foreign countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1036.
Report on information relating to individuals detained at Parwan, Afghanistan.
Sec. 1037.
Grade of chief prosecutor and chief defense counsel in military commissions established to try individuals detained at Guantanamo.
Sec. 1038.
Report on capability of Yemeni government to detain, rehabilitate, and prosecute individuals detained at Guantanamo who are transferred to Yemen.
Sec. 1039.
Report on attachment of rights to individuals detained at Guantanamo if transferred to the United States.
Subtitle E—
Sensitive Military Operations
Sec. 1041.
Congressional notification of sensitive military operations.
Sec. 1042.
Counterterrorism operational briefings.
Sec. 1043.
Report on process for determining targets of lethal or capture operations.
Subtitle F—
Nuclear Forces
Sec. 1051.
Notification required for reduction or consolidation of dual-capable aircraft based in Europe.
Sec. 1052.
Council on Oversight of the National Leadership Command, Control, and Communications System.
Sec. 1053.
Modification of responsibilities and reporting requirements of Nuclear Weapons Council.
Sec. 1054.
Modification of deadline for report on plan for nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system.
Sec. 1055.
Prohibition on elimination of nuclear triad.
Sec. 1056.
Implementation of New START Treaty.
Sec. 1057.
Retention of capability to redeploy multiple independently targetable reentry vehicles.
Sec. 1058.
Report on New START Treaty.
Sec. 1059.
Report on implementation of the recommendations of the Palomares Nuclear Weapons Accident Revised Dose Evaluation Report.
Sec. 1060.
Sense of Congress on further strategic nuclear arms reductions with the Russian Federation.
Sec. 1061.
Sense of Congress on compliance with nuclear arms control treaty obligations.
Sec. 1062.
Senses of Congress on ensuring the modernization of the nuclear forces of the United States.
Subtitle G—
Miscellaneous Authorities and Limitations
Sec. 1071.
Enhancement of capacity of the United States Government to analyze captured records.
Sec. 1072.
Strategic plan for the management of the electromagnetic spectrum.
Sec. 1073.
Extension of authority to provide military transportation services to certain other agencies at the Department of Defense reimbursement rate.
Sec. 1074.
Notification of modifications to Army force structure.
Sec. 1075.
Aircraft joint training.
Subtitle H—
Studies and Reports
Sec. 1081.
Online availability of reports submitted to Congress.
Sec. 1082.
Oversight of combat support agencies.
Sec. 1083.
Inclusion in annual report of description of interagency coordination relating to humanitarian demining technology.
Sec. 1084.
Repeal and modification of reporting requirements.
Sec. 1085.
Repeal of requirement for Comptroller General assessment of Department of Defense efficiencies.
Sec. 1086.
Review and assessment of United States Special Operations Forces and United States Special Operations Command.
Sec. 1087.
Reports on unmanned aircraft systems.
Sec. 1088.
Report on foreign language support contracts for the Department of Defense.
Sec. 1089.
Civil Air Patrol.
Subtitle I—
Other Matters
Sec. 1091.
Technical and clerical amendments.
Sec. 1092.
Reduction in costs to report critical changes to major automated information system programs.
Sec. 1093.
Extension of authority of Secretary of Transportation to issue non-premium aviation insurance.
Sec. 1094.
Extension of Ministry of Defense Advisor Program and authority to waive reimbursement of costs of activities for certain nongovernmental personnel.
Sec. 1095.
Amendments to certain national commissions.
Sec. 1096.
Strategy for future military information operations capabilities.
Sec. 1097.
Sense of Congress on collaboration on border security.
Sec. 1098.
Transfer of aircraft to other departments for wildfire suppression and other purposes; tactical airlift fleet of the Air Force.
TITLE XI—
CIVILIAN PERSONNEL MATTERS
Sec. 1101.
One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.
Sec. 1102.
One-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.
Sec. 1103.
Extension of voluntary reduction-in-force authority for civilian employees of the Department of Defense.
Sec. 1104.
Extension of authority to make lump-sum severance payments to Department of Defense employees.
Sec. 1105.
Revision to amount of financial assistance under Department of Defense Science, Mathematics, and Research for Transformation (SMART) Defense Education Program and assessment of STEM and other programs.
Sec. 1106.
Extension of program for exchange of information-technology personnel.
Sec. 1107.
Temporary authorities for certain positions at Department of Defense research and engineering facilities.
Sec. 1108.
Compliance with law regarding availability of funding for civilian personnel.
Sec. 1109.
Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the Armed Forces.
TITLE XII—
MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—
Assistance and Training
Sec. 1201.
Modification and extension of authorities relating to program to build the capacity of foreign military forces.
Sec. 1202.
Global Security Contingency Fund.
Sec. 1203.
Training of general purpose forces of the United States Armed Forces with military and other security forces of friendly foreign countries.
Sec. 1204.
Authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction.
Sec. 1205.
Authorization of National Guard State Partnership Program.
Sec. 1206.
United States security and assistance strategies in Africa.
Sec. 1207.
Assistance to the Government of Jordan for border security operations.
Sec. 1208.
Support of foreign forces participating in operations to disarm the Lord’s Resistance Army.
Subtitle B—
Matters Relating to Afghanistan, Pakistan, and Iraq
Sec. 1211.
Commanders’ Emergency Response Program in Afghanistan.
Sec. 1212.
One-year extension of authority to use funds for reintegration activities in Afghanistan.
Sec. 1213.
Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1214.
Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1215.
One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan.
Sec. 1216.
Requirement to withhold Department of Defense assistance to Afghanistan in amount equivalent to 100 percent of all taxes assessed by Afghanistan to extent such taxes are not reimbursed by Afghanistan.
Sec. 1217.
Extension of certain authorities for support of foreign forces supporting or participating with the United States Armed Forces.
Sec. 1218.
Extension and improvement of the Iraqi special immigrant visa program.
Sec. 1219.
Improvement of the Afghan special immigrant visa program.
Subtitle C—
Matters Relating to Afghanistan Post 2014
Sec. 1221.
Report on plans to disrupt and degrade Haqqani Network activities and finances.
Sec. 1222.
Completion of accelerated transition of security responsibility from United States Armed Forces to the Afghan National Security Forces.
Sec. 1223.
Defense intelligence plan.
Sec. 1224.
Limitation on availability of funds for certain authorities for Afghanistan.
Subtitle D—
Matters Relating to Iran
Sec. 1231.
Report on United States military partnership with Gulf Cooperation Council countries.
Sec. 1232.
Additional elements in annual report on military power of Iran.
Sec. 1233.
Integrated air and missile defense programs at training locations in Southwest Asia.
Subtitle E—
Reports and Other Matters
Sec. 1241.
Two-year extension of authorization for non-conventional assisted recovery capabilities.
Sec. 1242.
Element on 5th generation fighter program in annual report on military and security developments involving the People’s Republic of China.
Sec. 1243.
Report on posture and readiness of the Armed Forces to respond to an attack or other contingency against United States diplomatic facilities overseas.
Sec. 1244.
Limitation on establishment of Regional Special Operations Forces Coordination Centers.
Sec. 1245.
Additional reports on military and security developments involving the Democratic People’s Republic of Korea.
Sec. 1246.
Sense of Congress on missile defense cooperation with the Russian Federation and limitations on providing certain missile defense information to the Russian Federation.
Sec. 1247.
Amendments to annual report under Arms Control and Disarmament Act.
Sec. 1248.
Report on actions to reduce support for ballistic missile proliferation.
Sec. 1249.
Reports on international agreements relating to the Department of Defense.
Sec. 1250.
Revision of statutory references to former NATO support organizations and related NATO agreements.
Sec. 1251.
Executive agreements with the Russian Federation relating to ballistic missile defense.
Sec. 1252.
Rule of construction.
Sec. 1253.
Limitation on availability of funds to implement the Arms Trade Treaty.
Sec. 1254.
Report on military and security developments involving the Russian Federation.
Sec. 1255.
Prohibition on use of funds to enter into contracts or agreements with Rosoboronexport.
TITLE XIII—
COOPERATIVE THREAT REDUCTION
Sec. 1301.
Specification of cooperative threat reduction programs and funds.
Sec. 1302.
Funding allocations.
Sec. 1303.
Extension of authority for utilization of contributions to the cooperative threat reduction program.
Sec. 1304.
Strategy to modernize cooperative threat reduction and prevent the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region.
TITLE XIV—
OTHER AUTHORIZATIONS
Subtitle A—
Military Programs
Sec. 1401.
Working capital funds.
Sec. 1402.
National Defense Sealift Fund.
Sec. 1403.
Chemical Agents and Munitions Destruction, Defense.
Sec. 1404.
Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405.
Defense Inspector General.
Sec. 1406.
Defense Health Program.
Subtitle B—
National Defense Stockpile
Sec. 1411.
Use of National Defense Stockpile for the conservation of a strategic and critical materials supply.
Sec. 1412.
Authority to acquire additional materials for the National Defense Stockpile.
Subtitle C—
Other Matters
Sec. 1421.
Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.
Sec. 1422.
Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1423.
Cemeterial expenses.
TITLE XV—
AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A—
Authorization of Additional Appropriations
Sec. 1501.
Purpose.
Sec. 1502.
Procurement.
Sec. 1503.
Research, development, test, and evaluation.
Sec. 1504.
Operation and maintenance.
Sec. 1505.
Military personnel.
Sec. 1506.
Working capital funds.
Sec. 1507.
Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1508.
Defense Inspector General.
Sec. 1509.
Defense Health Program.
Subtitle B—
Financial Matters
Sec. 1521.
Treatment as additional authorizations.
Sec. 1522.
Special transfer authority.
Subtitle C—
Limitations, Reports, and Other Matters
Sec. 1531.
Afghanistan Security Forces Fund.
Sec. 1532.
Joint Improvised Explosive Device Defeat Fund.
Sec. 1533.
Future role of Joint Improvised Explosive Device Defeat Organization.
Sec. 1534.
Extension of authority for Task Force for Business and Stability Operations in Afghanistan.
TITLE XVI—
INDUSTRIAL BASE MATTERS
Subtitle A—
Defense Industrial Base Matters
Sec. 1601.
Periodic audits of contracting compliance by Inspector General of Department of Defense.
Sec. 1602.
Foreign space activities.
Sec. 1603.
Proof of Concept Commercialization Pilot Program.
Subtitle B—
Matters Relating to Small Business Concerns
Sec. 1611.
Advancing small business growth.
Sec. 1612.
Amendments relating to Procurement Technical Assistance Cooperative Agreement Program.
Sec. 1613.
Reporting on goals for procurement contracts awarded to small business concerns.
Sec. 1614.
Credit for certain small business subcontractors.
Sec. 1615.
Inapplicability of requirement to review and justify certain contracts.
TITLE XVII—
SEXUAL ASSAULT PREVENTION AND RESPONSE AND RELATED REFORMS
Subtitle A—
Reform of Uniform Code of Military Justice
Sec. 1701.
Extension of crime victims’ rights to victims of offenses under the Uniform Code of Military Justice.
Sec. 1702.
Revision of Article 32 and Article 60, Uniform Code of Military Justice.
Sec. 1703.
Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes.
Sec. 1704.
Defense counsel interview of victim of an alleged sex-related offense in presence of trial counsel, counsel for the victim, or a Sexual Assault Victim Advocate.
Sec. 1705.
Discharge or dismissal for certain sex-related offenses and trial of such offenses by general courts-martial.
Sec. 1706.
Participation by victim in clemency phase of courts-martial process.
Sec. 1707.
Repeal of the offense of consensual sodomy under the Uniform Code of Military Justice.
Sec. 1708.
Modification of Manual for Courts-Martial to eliminate factor relating to character and military service of the accused in rule on initial disposition of offenses.
Sec. 1709.
Prohibition of retaliation against members of the Armed Forces for reporting a criminal offense.
Subtitle B—
Other Amendments to Title 10, United States Code
Sec. 1711.
Prohibition on service in the Armed Forces by individuals who have been convicted of certain sexual offenses.
Sec. 1712.
Issuance of regulations applicable to the Coast Guard regarding consideration of request for permanent change of station or unit transfer by victim of sexual assault.
Sec. 1713.
Temporary administrative reassignment or removal of a member of the Armed Forces on active duty who is accused of committing a sexual assault or related offense.
Sec. 1714.
Expansion and enhancement of authorities relating to protected communications of members of the Armed Forces and prohibited retaliatory actions.
Sec. 1715.
Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault.
Sec. 1716.
Designation and availability of Special Victims’ Counsel for victims of sex-related offenses.
Subtitle C—
Amendments to Other Laws
Sec. 1721.
Tracking of compliance of commanding officers in conducting organizational climate assessments for purposes of preventing and responding to sexual assaults.
Sec. 1722.
Advancement of submittal deadline for report of independent panel on assessment of military response systems to sexual assault.
Sec. 1723.
Retention of certain forms in connection with Restricted Reports and Unrestricted Reports on sexual assault involving members of the Armed Forces.
Sec. 1724.
Timely access to Sexual Assault Response Coordinators by members of the National Guard and Reserves.
Sec. 1725.
Qualifications and selection of Department of Defense sexual assault prevention and response personnel and required availability of Sexual Assault Nurse Examiners.
Sec. 1726.
Additional responsibilities of Sexual Assault Prevention and Response Office for Department of Defense sexual assault prevention and response program.
Subtitle D—
Studies, Reviews, Policies, and Reports
Sec. 1731.
Independent reviews and assessments of Uniform Code of Military Justice and judicial proceedings of sexual assault cases.
Sec. 1732.
Review and policy regarding Department of Defense investigative practices in response to allegations of Uniform Code of Military Justice violations.
Sec. 1733.
Review of training and education provided members of the Armed Forces on sexual assault prevention and response.
Sec. 1734.
Report on implementation of Department of Defense policy on the retention of and access to evidence and records relating to sexual assaults involving members of the Armed Forces.
Sec. 1735.
Review of the Office of Diversity Management and Equal Opportunity role in sexual harassment cases.
Subtitle E—
Other Matters
Sec. 1741.
Enhanced protections for prospective members and new members of the Armed Forces during entry-level processing and training.
Sec. 1742.
Commanding officer action on reports on sexual offenses involving members of the Armed Forces.
Sec. 1743.
Eight-day incident reporting requirement in response to unrestricted report of sexual assault in which the victim is a member of the Armed Forces.
Sec. 1744.
Review of decisions not to refer charges of certain sex-related offenses for trial by court-martial.
Sec. 1745.
Inclusion and command review of information on sex-related offenses in personnel service records of members of the Armed Forces.
Sec. 1746.
Prevention of sexual assault at military service academies.
Sec. 1747.
Required notification whenever members of the Armed Forces are completing Standard Form 86 of the Questionnaire for National Security Positions.
Subtitle F—
Sense of Congress Provisions
Sec. 1751.
Sense of Congress on commanding officer responsibility for command climate free of retaliation.
Sec. 1752.
Sense of Congress on disposition of charges involving certain sexual misconduct offenses under the Uniform Code of Military Justice through courts-martial.
Sec. 1753.
Sense of Congress on the discharge in lieu of court-martial of members of the Armed Forces who commit sex-related offenses.
DIVISION B—
MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001.
Short title.
Sec. 2002.
Expiration of authorizations and amounts required to be specified by law.
TITLE XXI—
ARMY MILITARY CONSTRUCTION
Sec. 2101.
Authorized Army construction and land acquisition projects.
Sec. 2102.
Family housing.
Sec. 2103.
Authorization of appropriations, Army.
Sec. 2104.
Limitation on construction of cadet barracks at United States Military Academy, New York.
Sec. 2105.
Additional authority to carry out certain fiscal year 2004 project.
Sec. 2106.
Modification of authority to carry out certain fiscal year 2010 project.
Sec. 2107.
Modification of authority to carry out certain fiscal year 2011 project.
Sec. 2108.
Extension of authorizations of certain fiscal year 2010 projects.
Sec. 2109.
Extension of authorizations of certain fiscal year 2011 projects.
TITLE XXII—
NAVY MILITARY CONSTRUCTION
Sec. 2201.
Authorized Navy construction and land acquisition projects.
Sec. 2202.
Family housing.
Sec. 2203.
Improvements to military family housing units.
Sec. 2204.
Authorization of appropriations, Navy.
Sec. 2205.
Modification of authority to carry out certain fiscal year 2011 project.
Sec. 2206.
Modification of authority to carry out certain fiscal year 2012 project.
Sec. 2207.
Extension of authorizations of certain fiscal year 2011 projects.
TITLE XXIII—
AIR FORCE MILITARY CONSTRUCTION
Sec. 2301.
Authorized Air Force construction and land acquisition projects.
Sec. 2302.
Family housing.
Sec. 2303.
Improvements to military family housing units.
Sec. 2304.
Authorization of appropriations, Air Force.
Sec. 2305.
Limitation on project authorization to carry out certain fiscal year 2014 project.
Sec. 2306.
Modification of authority to carry out certain fiscal year 2013 project.
Sec. 2307.
Extension of authorization of certain fiscal year 2011 project.
TITLE XXIV—
DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A—
Defense Agency Authorizations
Sec. 2401.
Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402.
Authorized energy conservation projects.
Sec. 2403.
Authorization of appropriations, Defense Agencies.
Subtitle B—
Chemical Demilitarization Authorizations
Sec. 2411.
Authorization of appropriations, chemical demilitarization construction, defense-wide.
TITLE XXV—
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501.
Authorized NATO construction and land acquisition projects.
Sec. 2502.
Authorization of appropriations, NATO.
TITLE XXVI—
GUARD AND RESERVE FORCES FACILITIES
Subtitle A—
Project Authorizations and Authorization of Appropriations
Sec. 2601.
Authorized Army National Guard construction and land acquisition projects.
Sec. 2602.
Authorized Army Reserve construction and land acquisition projects.
Sec. 2603.
Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604.
Authorized Air National Guard construction and land acquisition projects.
Sec. 2605.
Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606.
Authorization of appropriations, National Guard and Reserve.
Subtitle B—
Other Matters
Sec. 2611.
Modification of authority to carry out certain fiscal year 2013 project.
Sec. 2612.
Extension of authorizations of certain fiscal year 2011 projects.
TITLE XXVII—
BASE REALIGNMENT AND CLOSURE ACTIVITIES
Subtitle A—
Authorization of Appropriations
Sec. 2701.
Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.
Subtitle B—
Other Matters
Sec. 2711.
Prohibition on conducting additional Base Realignment and Closure (BRAC) round.
Sec. 2712.
Elimination of quarterly certification requirement regarding availability of military health care in National Capital Region.
Sec. 2713.
Report on 2005 base closure and realignment joint basing initiative.
TITLE XXVIII—
MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—
Military Construction Program and Military Family Housing Changes
Sec. 2801.
Modification and extension of authority to utilize unspecified minor military construction authority for laboratory revitalization projects.
Sec. 2802.
Repeal of separate authority to enter into limited partnerships with private developers of housing.
Sec. 2803.
Military construction standards to improve force protection.
Sec. 2804.
Application of cash payments received for utilities and services.
Sec. 2805.
Repeal of advance notification requirement for use of military housing investment authority.
Sec. 2806.
Additional element for annual report on military housing privatization projects.
Sec. 2807.
Policies and requirements regarding overseas military construction and closure and realignment of United States military installations in foreign countries.
Sec. 2808.
Extension and modification of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.
Sec. 2809.
Limitation on construction projects in European Command area of responsibility.
Subtitle B—
Real Property and Facilities Administration
Sec. 2811.
Development of master plans for major military installations.
Sec. 2812.
Authority for acceptance of funds to cover administrative expenses associated with real property leases and easements.
Sec. 2813.
Modification of authority to enter into long-term contracts for receipt of utility services as consideration for utility systems conveyances.
Sec. 2814.
Report on efficient utilization of Department of Defense real property.
Sec. 2815.
Conditions on Department of Defense expansion of Piñon Canyon Maneuver Site, Fort Carson, Colorado.
Subtitle C—
Provisions Related to Asia-Pacific Military Realignment
Sec. 2821.
Change from previous calendar year to previous fiscal year for period covered by annual report of Interagency Coordination Group of Inspectors General for Guam Realignment.
Sec. 2822.
Realignment of Marines Corps forces in Asia-Pacific Region.
Subtitle D—
Land Conveyances
Sec. 2831.
Real property acquisition, Naval Base Ventura County, California.
Sec. 2832.
Land conveyance, former Oxnard Air Force Base, Ventura County, California.
Sec. 2833.
Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii.
Sec. 2834.
Land conveyance, Philadelphia Naval Shipyard, Philadelphia, Pennsylvania.
Sec. 2835.
Land conveyance, Camp Williams, Utah.
Sec. 2836.
Conveyance, Air National Guard radar site, Francis Peak, Wasatch Mountains, Utah.
Sec. 2837.
Land conveyances, former United States Army Reserve Centers, Connecticut, New Hampshire, and Pennsylvania.
Subtitle E—
Other Matters
Sec. 2841.
Repeal of annual Economic Adjustment Committee reporting requirement.
Sec. 2842.
Establishment of military divers memorial.
TITLE XXIX—
WITHDRAWAL, RESERVATION, AND TRANSFER OF PUBLIC LANDS TO SUPPORT MILITARY READINESS AND SECURITY
Sec. 2901.
Short title.
Sec. 2902.
Definitions.
Subtitle A—
General Provisions
Sec. 2911.
General applicability; definitions.
Sec. 2912.
Maps and legal descriptions.
Sec. 2913.
Access restrictions.
Sec. 2914.
Changes in use.
Sec. 2915.
Brush and range fire prevention and suppression.
Sec. 2916.
Ongoing decontamination.
Sec. 2917.
Water rights.
Sec. 2918.
Hunting, fishing, and trapping.
Sec. 2919.
Limitation on extensions and renewals.
Sec. 2920.
Application for renewal of a withdrawal and reservation.
Sec. 2921.
Limitation on subsequent availability of land for appropriation.
Sec. 2922.
Relinquishment.
Sec. 2923.
Immunity of the United States.
Subtitle B—
Limestone Hills Training Area, Montana
Sec. 2931.
Withdrawal and reservation of public land.
Sec. 2932.
Management of withdrawn and reserved land.
Sec. 2933.
Special rules governing minerals management.
Sec. 2934.
Grazing.
Sec. 2935.
Payments in lieu of taxes.
Sec. 2936.
Duration of withdrawal and reservation.
Subtitle C—
Marine Corps Air Ground Combat Center Twentynine Palms, California
Sec. 2941.
Withdrawal and reservation of public land.
Sec. 2942.
Management of withdrawn and reserved land.
Sec. 2943.
Public access.
Sec. 2944.
Resource management group.
Sec. 2945.
Johnson Valley Off-Highway Vehicle Recreation Area.
Sec. 2946.
Duration of withdrawal and reservation.
Subtitle D—
White Sands Missile Range, New Mexico, and Fort Bliss, Texas
Sec. 2951.
Withdrawal and reservation of public land.
Sec. 2952.
Grazing.
Subtitle E—
Chocolate Mountain Aerial Gunnery Range, California
Sec. 2961.
Transfer of administrative jurisdiction of public land.
Sec. 2962.
Management and use of transferred land.
Sec. 2963.
Effect of termination of military use.
Sec. 2964.
Temporary extension of existing withdrawal period.
Sec. 2965.
Water rights.
Sec. 2966.
Realignment of range boundary and related transfer of title.
Subtitle F—
Naval Air Weapons Station China Lake, California
Sec. 2971.
Withdrawal and reservation of public land.
Sec. 2972.
Management of withdrawn and reserved land.
Sec. 2973.
Assignment of management responsibility to Secretary of the Navy.
Sec. 2974.
Geothermal resources.
Sec. 2975.
Wild horses and burros.
Sec. 2976.
Continuation of existing agreement.
Sec. 2977.
Management plans.
Sec. 2978.
Termination of prior withdrawals.
Sec. 2979.
Duration of withdrawal and reservation.
DIVISION C—
DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A—
National Security Programs Authorizations
Sec. 3101.
National Nuclear Security Administration.
Sec. 3102.
Defense environmental cleanup.
Sec. 3103.
Other defense activities.
Subtitle B—
Program Authorizations, Restrictions, and Limitations
Sec. 3111.
Clarification of principles of National Nuclear Security Administration.
Sec. 3112.
Cost estimation and program evaluation by National Nuclear Security Administration.
Sec. 3113.
Enhanced procurement authority to manage supply chain risk.
Sec. 3114.
Limitation on availability of funds for National Nuclear Security Administration.
Sec. 3115.
Limitation on availability of funds for Office of the Administrator for Nuclear Security.
Sec. 3116.
Establishment of Center for Security Technology, Analysis, Response, and Testing.
Sec. 3117.
Authorization of modular building strategy as an alternative to the replacement project for the Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico.
Sec. 3118.
Comparative analysis of warhead life extension options.
Sec. 3119.
Extension of authority of Secretary of Energy to enter into transactions to carry out certain research projects.
Sec. 3120.
Increase in construction design threshold.
Subtitle C—
Plans and Reports
Sec. 3121.
Annual report and certification on status of security of atomic energy defense facilities.
Sec. 3122.
Modifications to annual reports regarding the condition of the nuclear weapons stockpile.
Sec. 3123.
Inclusion of integrated plutonium strategy in nuclear weapons stockpile stewardship, management, and infrastructure plan.
Sec. 3124.
Modifications to cost-benefit analyses for competition of management and operating contracts.
Sec. 3125.
Modification of deadlines for certain reports relating to program on scientific engagement for nonproliferation.
Sec. 3126.
Modification of certain reports on cost containment for uranium capabilities replacement project.
Sec. 3127.
Plan for tank farm waste at Hanford Nuclear Reservation.
Sec. 3128.
Plan for improvement and integration of financial management of nuclear security enterprise.
Sec. 3129.
Plan for developing exascale computing and incorporating such computing into the stockpile stewardship program.
Sec. 3130.
Study and plan for extension of certain pilot program principles.
Sec. 3131.
Study of potential reuse of nuclear weapon secondaries.
Sec. 3132.
Repeal of certain reporting requirements.
Subtitle D—
Other Matters
Sec. 3141.
Clarification of role of Secretary of Energy.
Sec. 3142.
Modification of deadlines for Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise.
Sec. 3143.
Department of Energy land conveyance.
Sec. 3144.
Technical amendment to Atomic Energy Act of 1954.
Sec. 3145.
Technical corrections to the National Nuclear Security Administration Act.
Sec. 3146.
Technical corrections to the Atomic Energy Defense Act.
Sec. 3147.
Sense of Congress on B61-12 life extension program.
Sec. 3148.
Sense of Congress on establishment of an advisory board on toxic substances and worker health.
TITLE XXXII—
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201.
Authorization.
TITLE XXXIV—
NAVAL PETROLEUM RESERVES
Sec. 3401.
Authorization of appropriations.
TITLE XXXV—
MARITIME ADMINISTRATION
Sec. 3501.
Authorization of appropriations for national security aspects of the Merchant Marine for fiscal year 2014.
Sec. 3502.
5-year reauthorization of vessel war risk insurance program.
Sec. 3503.
Sense of Congress.
Sec. 3504.
Treatment of funds for intermodal transportation maritime facility, Port of Anchorage, Alaska.
Sec. 3505.
Strategic seaports.
DIVISION D—
FUNDING TABLES
Sec. 4001.
Authorization of amounts in funding tables.
TITLE XLI—
PROCUREMENT
Sec. 4101.
Procurement.
Sec. 4102.
Procurement for overseas contingency operations.
TITLE XLII—
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201.
Research, development, test, and evaluation.
Sec. 4202.
Research, development, test, and evaluation for overseas contingency operations.
TITLE XLIII—
OPERATION AND MAINTENANCE
Sec. 4301.
Operation and maintenance.
Sec. 4302.
Operation and maintenance for overseas contingency operations.
TITLE XLIV—
MILITARY PERSONNEL
Sec. 4401.
Military personnel.
Sec. 4402.
Military personnel for overseas contingency operations.
TITLE XLV—
OTHER AUTHORIZATIONS
Sec. 4501.
Other authorizations.
Sec. 4502.
Other authorizations for overseas contingency operations.
TITLE XLVI—
MILITARY CONSTRUCTION
Sec. 4601.
Military construction.
TITLE XLVII—
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701.
Department of energy national security programs.
SEC. 3.
[10 U.S.C. 101 note]

CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
SEC. 4.

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

DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—

PROCUREMENT
Subtitle A—
Authorization of Appropriations
Sec. 101.
Authorization of appropriations.
Subtitle B—
Army Programs
Sec. 111.
Limitation on availability of funds for Stryker vehicle program.
Sec. 112.
Study on multiyear, multivehicle procurement authority for tactical vehicles.
Subtitle C—
Navy Programs
Sec. 121.
CVN-78 class aircraft carrier program.
Sec. 122.
Repeal of requirements relating to procurement of future surface combatants.
Sec. 123.
Multiyear procurement authority for E-2D aircraft program.
Sec. 124.
Limitation on availability of funds for Littoral Combat Ship.
Subtitle D—
Air Force Programs
Sec. 131.
Repeal of requirement for maintenance of certain retired KC-135E aircraft.
Sec. 132.
Multiyear procurement authority for C-130J aircraft.
Sec. 133.
Prohibition on cancellation or modification of avionics modernization program for C-130 aircraft.
Sec. 134.
Prohibition of procurement of unnecessary C-27J aircraft by the Air Force.
Subtitle E—
Defense-wide, Joint, and Multiservice Matters
Sec. 141.
Personal protection equipment procurement.
Sec. 142.
Repeal of certain F-35 reporting requirements.
Sec. 143.
Limitation on availability of funds for retirement of RQ-4 Global Hawk unmanned aircraft systems and A-10 aircraft.
Sec. 144.
MC-12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft.
Sec. 145.
Competition for evolved expendable launch vehicle providers.
Sec. 146.
Reports on personal protection equipment and health and safety risks associated with ejection seats.
Subtitle A—

Authorization of Appropriations
SEC. 101.

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

Army Programs
SEC. 111.

LIMITATION ON AVAILABILITY OF FUNDS FOR STRYKER VEHICLE PROGRAM.
(a)

Limitation.—
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for weapons and tracked combat vehicles, Army, for the procurement or upgrade of Stryker vehicles, not more than 75 percent may be obligated or expended until a period of 15 days has elapsed following the date on which the Secretary of the Army submits the report under subsection (b).
(b)

Report Required.—
The Secretary of the Army shall submit to the congressional defense committees a report on the status of the Stryker vehicle spare parts inventory located in Auburn, Washington, cited in the report of the Inspector General of the Department of Defense (number 2013-025) dated November 30, 2012. The report submitted under this subsection shall include the following:
(1)
The status of the implementation by the Secretary of the recommendations specified on pages 30 to 34 of the report by the Inspector General.
(2)
The value of the parts remaining in warehouse that may still be used by the Secretary for the repair, upgrade, or reset of Stryker vehicles.
(3)
The value of the parts remaining in the warehouse that are no longer usable by the Secretary for the repair, upgrade, or reset of Stryker vehicles.
(4)
A cost estimate of the monthly cost of maintaining the inventory of such parts that are no longer usable by the Secretary.
(5)
Any other matters the Secretary considers appropriate.
SEC. 112.

STUDY ON MULTIYEAR, MULTIVEHICLE PROCUREMENT AUTHORITY FOR TACTICAL VEHICLES.
(a)

Sense of Congress.—
It is the sense of Congress that—
(1)
budget uncertainty and reduced defense procurements have had negative impacts on the tactical vehicle industrial base; and
(2)
in such environment, the Army should consider innovative contracting and acquisition strategies to maximize cost savings, improve the sustainment of the tactical vehicle industrial base, and reduce risk during this downturn in defense procurement.
(b)

Study Required.—
(1)

Study.—
The Secretary of the Army, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall conduct a study of the desirability and feasibility of requesting legislative authority, in accordance with section 2306b of title 10, United States Code, to enter into one or more multiyear, multivehicle contracts for the procurement of tactical vehicles beginning in fiscal year 2015 or thereafter.
(2)

Report.—
Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall submit to the congressional defense committees a report on the possible multiyear, multivehicle contracting options and other innovative contracting options considered in the study under paragraph (1). Such report should include the following:
(A)
A business case analysis of a multiyear, multivehicle contract for tactical vehicles, including any potential increases in cost, savings, or risk that may derive from such a contract in comparison to standard contracting methods.
(B)
An evaluation of whether the Secretary requires legislative action to enter into such a multiyear, multivehicle contract.
(C)
Any other matters the Secretary determines appropriate.
Subtitle C—

Navy Programs
SEC. 121.

CVN-78 CLASS AIRCRAFT CARRIER PROGRAM.
(a)

Cost Limitation Baseline for Lead Ship.—
Subsection (a) of section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104) is amended to read as follows:
“(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)).”
.
(b)

Hull Number; Additional Factor for Adjustment of Limitation Amount.—
(1)

In general.—
Subsection (b) of such section is amended—
(A)
in the matter preceding paragraph (1), by striking “CVN-21” and inserting “CVN-78”;
(B)
in paragraph (1), by striking “2006” and inserting “2013”; and
(C)
by adding at the end the following new paragraph:
“(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.”
.
(2)

Limitation on adjustment.—
Such section is further amended by adding at the end the following new subsection:
“(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.”
.
(c)

Requirements for CVN-79.—
Such section is further amended by adding after subsection (e), as added by subsection (b)(2), the following new subsection:
“(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.”
.
(d)

Conforming Amendment.—
The heading of such section is amended to read as follows:
“SEC. 122.

ADHERENCE TO NAVY COST ESTIMATES FOR CVN-78 CLASS OF AIRCRAFT CARRIERS”
.
(e)

Clerical Amendment.—
The table of contents at the beginning of such Act is amended by striking the item relating to section 122 and inserting the following:
“Sec. 122.
Adherence to Navy cost estimates for CVN-78 class of aircraft carriers.”
.
SEC. 122.

REPEAL OF REQUIREMENTS RELATING TO PROCUREMENT OF FUTURE SURFACE COMBATANTS.
Section 125 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2214; 10 U.S.C. 7291 note) is repealed.
SEC. 123.

MULTIYEAR PROCUREMENT AUTHORITY FOR E-2D AIRCRAFT PROGRAM.
(a)

Authority for Multiyear Procurement.—
Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of E-2D aircraft.
(b)

Condition for Out-year Contract Payments.—
A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2014 is subject to the availability of appropriations for that purpose for such later fiscal year.
SEC. 124.

LIMITATION ON AVAILABILITY OF FUNDS FOR LITTORAL COMBAT SHIP.
(a)

Limitation.—
None of the funds authorized to be appropriated by this Act, the National Defense Authorization Act for Fiscal Year 2016, or otherwise made available for fiscal years 2014, 2015, or 2016 for construction or advanced procurement of materials for the Littoral Combat Ships designated as LCS 25 or LCS 26 may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees each of the following:
(1)
The report required by subsection (b)(1).
(2)
A coordinated determination by the Director of Operational Test and Evaluation and the Under Secretary of Defense for Acquisition, Technology, and Logistics that successful completion of the test evaluation master plan for both seaframes and each mission module will demonstrate operational effectiveness and operational suitability.
(3)
A certification that the Joint Requirements Oversight Council—
(A)
has reviewed the capabilities of the legacy systems that the Littoral Combat Ship is planned to replace and has compared such capabilities to the capabilities to be provided by the Littoral Combat Ship;
(B)
has assessed the adequacy of the current capabilities development document for the Littoral Combat Ship to meet the requirements of the combatant commands and to address future threats as reflected in the latest assessment by the defense intelligence community; and
(C)
has either validated the current capabilities development document or directed the Secretary to update the current capabilities development document based on the performance of the Littoral Combat Ship and mission modules to date.
(4)
A report on the expected performance of each seaframe variant and mission module against the current or updated capabilities development document.
(5)
Certification that a capability production document will be completed for each mission module before operational testing.
(6)
A Littoral Combat Ship seaframe acquisition strategy for the Littoral Combat Ships designated as LCS 25 through LCS 32, including upgrades to be installed on these ships that were identified for the upgraded Littoral Combat Ship, which is proposed to commence with LCS 33.
(7)
A Littoral Combat Ship mission module acquisition strategy to reach the total acquisition quantity of each mission module.
(8)
A cost and schedule plan to outfit Flight 0 and Flight 0+ Littoral Combat Ships with capabilities identified for the upgraded Littoral Combat Ship.
(9)
A current Test and Evaluation Master Plan for the Littoral Combat Ship Mission Modules, approved by the Director of Operational Test and Evaluation, which includes the performance levels expected to be demonstrated during developmental testing for each component and mission module prior to commencing the associated operational test phase.
(b)

Report.—
(1)

In general.—
Not later than 60 days after the date of the enactment of this Act, the Chief of Naval Operations, in coordination with the Director of Operational Test and Evaluation, shall submit to the congressional defense committees a report on the current concept of operations and expected survivability attributes of each of the Littoral Combat Ship seaframes.
(2)

Elements.—
The report required by paragraph (1) shall set forth the following:
(A)
A review of the current concept of operations of the Littoral Combat Ship and a comparison of such concept of operations with the original concept of operations of the Littoral Combat Ship.
(B)
An assessment of the ability of the Littoral Combat Ship to carry out the core missions of the Cooperative Strategy for 21st Century Seapower of the Navy.
(C)
A comparison of the combat capabilities for the three missions assigned to the Littoral Combat Ship seaframes (anti-surface warfare, mine countermeasures, and anti-submarine warfare) with the combat capabilities for each of such missions of the systems the Littoral Combat Ship is replacing.
(D)
An assessment of expected survivability of the Littoral Combat Ship seaframes in the context of the planned employment of the Littoral Combat Ship as described in the concept of operations.
(E)
The current status of operational testing for the seaframes and the mission modules of the Littoral Combat Ship.
(F)
An updated test and evaluation master plan for the Littoral Combat Ship.
(G)
A review of survivability testing, modeling, and simulation conducted to date on the two seaframes of the Littoral Combat Ship.
(H)
An updated assessment of the endurance of the Littoral Combat Ship at sea with respect to maintenance, fuel use, and sustainment of crew and mission modules.
(I)
An assessment of the adequacy of current ship manning plans for the Littoral Combat Ship and an assessment of the impact that increased manning has on design changes and the endurance of the Littoral Combat Ship.
(J)
A list of the casualty reports to date on each Littoral Combat Ship, including a description of the impact of such casualties on the design or ability of that Littoral Combat Ship to perform assigned missions.
(3)

Form.—
The report required by paragraph (1) shall be submitted in classified form and unclassified form.
Subtitle D—

Air Force Programs
SEC. 131.

REPEAL OF REQUIREMENT FOR MAINTENANCE OF CERTAIN RETIRED KC-135E AIRCRAFT.
Section 135 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114), as amended by section 131 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4377), is amended—
(1)
by striking “(a) Limitation.—”; and
(2)
by striking subsection (b).
SEC. 132.

MULTIYEAR PROCUREMENT AUTHORITY FOR C-130J AIRCRAFT.
(a)

Authority for Multiyear Procurement.—
Subject to section 2306b of title 10, United States Code, the Secretary of the Air Force may enter into one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of C-130J aircraft for the Department of the Air Force and the Department of the Navy.
(b)

Condition for Out-year Contract Payments.—
A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2014 is subject to the availability of appropriations for that purpose for such later fiscal year.
SEC. 133.

PROHIBITION ON CANCELLATION OR MODIFICATION OF AVIONICS MODERNIZATION PROGRAM FOR C-130 AIRCRAFT.
(a)

Prohibition.—
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Air Force may be used to—
(1)
take any action to cancel or modify the avionics modernization program of record for C-130 aircraft; or
(2)
initiate an alternative communication, navigation, surveillance, and air traffic management program for C-130 aircraft that is designed or intended to replace the avionics modernization program described in paragraph (1).
(b)

Comptroller General Report.—
Not later than April 1, 2014, the Comptroller General of the United States shall submit to the congressional defense committees a sufficiency review of the cost-benefit analysis conducted under section 143(b) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1662), including any findings and recommendations relating to such review.
SEC. 134.

PROHIBITION OF PROCUREMENT OF UNNECESSARY C-27J AIRCRAFT BY THE AIR FORCE.
None of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) for aircraft procurement, Air Force, that remain available to the Secretary of the Air Force on or after the date of the enactment of this Act may be obligated or expended for the procurement of additional C-27J aircraft that are not on contract as of June 1, 2013.
Subtitle E—

Defense-wide, Joint, and Multiservice Matters
SEC. 141.

PERSONAL PROTECTION EQUIPMENT PROCUREMENT.
(a)

Consolidated Budget Justification Display.—
Chapter 9 of title 10, United States Code, is amended by adding after section 235 the following new section:
“SEC. 236.
[10 U.S.C. 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.”
.
(b)

Clerical Amendment.—
The table of sections at the beginning of such chapter is amended by adding after the item relating to section 235 the following new item:
“236.
Personal protection equipment procurement: display of budget information.”
.
SEC. 142.

REPEAL OF CERTAIN F-35 REPORTING REQUIREMENTS.
Section 122 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4157) is amended—
(1)
by striking subsection (b); and
(2)
by redesignating subsection (c) as subsection (b).
SEC. 143.

LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF RQ-4 GLOBAL HAWK UNMANNED AIRCRAFT SYSTEMS AND A-10 AIRCRAFT.
(a)

Limitation.—
(1)

In general.—
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended to make significant changes to manning levels with respect to covered aircraft or to retire, prepare to retire, or place in storage a covered aircraft.
(2)

Covered aircraft.—
In this subsection, the term “covered aircraft” means the following:
(A)
A-10 aircraft (except for such aircraft that the Secretary of the Air Force, as of April 9, 2013, plans to retire).
(B)
RQ-4 Block 30 Global Hawk unmanned aircraft systems.
(b)

Additional Limitation on Retirement of Certain A-10 Aircraft.—
In addition to the limitation in subsection (a)(1), during the period preceding December 31, 2014, the Secretary of the Air Force may not retire, prepare to retire, or place in storage A-10 aircraft (except for such aircraft that the Secretary, as of April 9, 2013, plans to retire).
(c)

Report.—
(1)

In general.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, shall submit to the appropriate congressional committees a report on all high-altitude airborne intelligence, surveillance, and reconnaissance systems operated, or planned for future operation, by the Department of Defense.
(2)

Matters included.—
The report under paragraph (1) shall include—
(A)
the intelligence, surveillance, and reconnaissance capabilities of each high-altitude intelligence, surveillance, and reconnaissance system covered by the report;
(B)
the plans to upgrade such capabilities in the future;
(C)
the fully-burdened cost-per-flight-hour of each such system;
(D)
the number of requests for each such system made by commanders of the combatant commands during the five-year period prior to the report, including the percentage of such requests that have been fulfilled to meet the requirements of such commanders;
(E)
a description of the assumptions used by the Secretary in carrying out this subsection; and
(F)
any other information that the Secretary considers appropriate with respect to the analysis of high-altitude intelligence, surveillance, and reconnaissance systems.
(3)

Form.—
The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(4)

Appropriate congressional committees defined.—
In this section, the term “appropriate congressional committees” means—
(A)
the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(B)
the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(d)

Construction.—
Nothing in this section shall be construed to limit or otherwise affect the requirement to maintain the operational capability of RQ-4 Block 30 Global Hawk unmanned aircraft systems under section 154(b) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1666).
SEC. 144.

MC-12 LIBERTY INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT.
(a)

Authority.—
Beginning on the date that is 60 days after the date on which the Secretary of Defense submits the report under subsection (d)(1), the Secretary may transfer MC-12 Liberty intelligence, surveillance, and reconnaissance aircraft from the Air Force to the Army in accordance with the plan developed under subsection (b)(1).
(b)

Plan.—
(1)

Plan required.—
The Secretary of Defense shall develop a plan for the potential transfer of MC-12 Liberty intelligence, surveillance, and reconnaissance aircraft from the Air Force to the Army pursuant to subsection (a).
(2)

Elements.—
The plan required by paragraph (1) shall—
(A)
ensure that any transfer described in such paragraph does not adversely affect ongoing intelligence, surveillance, and reconnaissance operations, including such operations in Afghanistan;
(B)
identify the appropriate size, composition, and configuration of the fleet of MC-12 Liberty intelligence, surveillance, and reconnaissance aircraft required by the Army;
(C)
identify the appropriate size, composition, configuration, and disposition of the remaining fleet of MC-12 Liberty intelligence, surveillance, and reconnaissance aircraft required by the Air Force;
(D)
provide for the modification of the MC-12 Liberty intelligence, surveillance, and reconnaissance aircraft that are transferred to the Army pursuant to the plan in order to meet the long-term needs of the Army; and
(E)
for any aircraft that are so transferred, include a time line for the orderly transfer of the aircraft in a manner consistent with subparagraph (A).
(c)

Effect on Other Programs.—
(1)

Prohibition on availability of funds for procurement.—
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Army may be obligated or expended to procure additional aircraft under the Enhanced Medium Altitude Reconnaissance and Surveillance System program during fiscal year 2014.
(2)

Conversion of aircraft.—
The Secretary of the Army shall convert aircraft described in paragraph (3) to the Enhanced Medium Altitude Reconnaissance and Surveillance System program configuration to meet the requirements of the Army. The Secretary shall carry out this paragraph using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 or 2014 for the Enhanced Medium Altitude Reconnaissance and Surveillance System program.
(3)

Aircraft described.—
The aircraft described in this paragraph are the following:
(A)
MC-12 Liberty intelligence, surveillance, and reconnaissance aircraft of the Air Force that are transferred to the Army pursuant to subsection (a).
(B)
Army Medium Altitude Multi-Intelligence intelligence, surveillance, and reconnaissance C-12 Quick Reaction Capability aircraft.
(d)

Report.—
(1)

In general.—
Not later than the date on which the budget of the President for fiscal year 2015 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the appropriate congressional committees a report on the plan required by subsection (b)(1).
(2)

Form.—
The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(3)

Appropriate congressional committees defined.—
In this subsection, the term “appropriate congressional committees” means—
(A)
the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(B)
the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 145.

COMPETITION FOR EVOLVED EXPENDABLE LAUNCH VEHICLE PROVIDERS.
(a)

Plan.—
(1)

In general.—
The Secretary of the Air Force shall develop a plan to implement the new acquisition strategy for the evolved expendable launch vehicle program described in the acquisition decision memorandum dated November 27, 2012.
(2)

Matters included.—
The plan to implement the new acquisition strategy for the evolved expendable launch vehicle program under paragraph (1) shall include a general description of how the Secretary will conduct competition with respect to awarding a contract to certified evolved expendable launch vehicle providers. Such description may include the following with respect to such acquisition strategy:
(A)
The proposed cost, schedule, and performance.
(B)
Mission assurance activities.
(C)
The manner in which the contractor will operate under the Federal Acquisition Regulation.
(D)
The effect of other contracts in which the contractor is entered into with the Federal Government, including the evolved expendable launch vehicle launch capability contract, the space station commercial resupply services contracts, and other relevant contracts regarding national security space and strategic programs.
(E)
Any other areas the Secretary determines appropriate.
(b)

Submission to Congress.—
(1)

In general.—
At the same time that the Secretary issues a draft of the request for proposals with respect to a contract for the evolved expendable launch vehicle provider, the Secretary shall—
(A)
submit to the appropriate congressional committees a report that includes the plan under subsection (a)(1); or
(B)
provide to such committees a briefing on such plan.
(2)

Appropriate congressional committees defined.—
In this subsection, the term “appropriate congressional committees” means the following:
(A)
The congressional defense committees.
(B)
The Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(C)
The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
SEC. 146.

REPORTS ON PERSONAL PROTECTION EQUIPMENT AND HEALTH AND SAFETY RISKS ASSOCIATED WITH EJECTION SEATS.
(a)

Study on Personal Protection Equipment.—
(1)

In general.—
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center to conduct a study to identify and assess cost-effective and efficient alternative means for the procurement and research and development of personal protection equipment that supports and promotes competition and innovation in the personal protection equipment industrial base.
(2)

Submission.—
Not later than 120 days after the date on which the contract is entered into under paragraph (1), the federally funded research and development center conducting the study under such paragraph shall submit to the Secretary the study, including any findings and recommendations.
(3)

Report.—
(A)

In general.—
Not later than 30 days after the date on which the Secretary receives the study under paragraph (2), the Secretary shall submit to the congressional defense committees a report that includes the study under paragraph (1), the matters described in subparagraph (B), and any related findings, recommendations, comments, and plans of the Secretary.
(B)

Matters included.—
The report under subparagraph (A) shall include the following:
(i)
The findings and recommendations of the federally funded research and development center submitted to the Secretary under paragraph (2).
(ii)
An assessment of current and future technologies that could markedly improve body armor, including by decreasing weight, increasing survivability, and making other relevant improvements.
(iii)
An analysis of the capability of the personal protection equipment industrial base to leverage such technologies to produce the next generation body armor.
(iv)
An assessment of alternative body armor acquisition models, including different types of contracting and budgeting practices of the Department of Defense.
(4)

Personal protection equipment.—
In this subsection, the term “personal protection equipment” includes—
(A)
body armor components;
(B)
combat helmets;
(C)
combat protective eyewear;
(D)
environmental and fire-resistant clothing; and
(E)
other individual equipment items as determined appropriate by the Secretary.
(b)

Report on Health and Safety Risks Associated With Ejection Seats.—
(1)

In general.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report setting forth an assessment of the risks to the health and safety of members of the Armed Forces of the ejection seats currently in operational use by the Air Force.
(2)

Elements.—
The report under paragraph (1) shall include the following:
(A)
An assessment of whether aircrew members wearing advanced helmets, night vision systems, helmet-mounted cueing system, or other helmet-mounted devices or attachments are at increased risk of serious injury or death during a high-speed ejection sequence.
(B)
An analysis of how ejection seats currently in operational use provide protection against head, neck, and spinal cord injuries during an ejection sequence.
(C)
An analysis of initiatives to decrease the risk of death or serious injury during an ejection sequence.
(D)
The status of any testing or qualifications on upgraded ejection seats that may reduce the risk of death or serious injury during an ejection sequence.
TITLE II—

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—
Authorization of Appropriations
Sec. 201.
Authorization of appropriations.
Subtitle B—
Program Requirements, Restrictions, and Limitations
Sec. 211.
Modification of requirements on biennial strategic plan for the Defense Advanced Research Projects Agency.
Sec. 212.
Limitation on availability of funds for ground combat vehicle engineering and manufacturing phase.
Sec. 213.
Limitation and reporting requirements for unmanned carrier-launched surveillance and strike system program.
Sec. 214.
Limitation on availability of funds for Air Force logistics transformation.
Sec. 215.
Limitation on availability of funds for defensive cyberspace operations of the Air Force.
Sec. 216.
Limitation on availability of funds for precision extended range munition program.
Sec. 217.
Long-range standoff weapon requirement; prohibition on availability of funds for noncompetitive procedures for offensive anti-surface warfare weapon contracts of the Navy.
Sec. 218.
Review of software development for F-35 aircraft.
Sec. 219.
Evaluation and assessment of the distributed common ground system.
Sec. 220.
Operationally responsive space.
Sec. 221.
Sustainment or replacement of Blue Devil intelligence, surveillance, and reconnaissance capabilities.
Subtitle C—
Missile Defense Programs
Sec. 231.
Improvements to acquisition accountability reports on ballistic missile defense system.
Sec. 232.
Prohibition on use of funds for MEADS program.
Sec. 233.
Prohibition on availability of funds for integration of certain missile defense systems; report on regional ballistic missile defense.
Sec. 234.
Availability of funds for co-production of Iron Dome short-range rocket defense system in the United States.
Sec. 235.
Additional missile defense radar for the protection of the United States homeland.
Sec. 236.
Evaluation of options for future ballistic missile defense sensor architectures.
Sec. 237.
Plans to improve the ground-based midcourse defense system.
Sec. 238.
Report on potential future homeland ballistic missile defense options.
Sec. 239.
Briefings on status of implementation of certain missile defense matters.
Sec. 240.
Sense of Congress and report on NATO and missile defense burden-sharing.
Sec. 241.
Sense of Congress on deployment of regional ballistic missile defense capabilities.
Sec. 242.
Sense of Congress on procurement of capability enhancement II exoatmospheric kill vehicle.
Subtitle D—
Reports
Sec. 251.
Annual Comptroller General report on the amphibious combat vehicle acquisition program.
Sec. 252.
Annual Comptroller General of the United States report on the acquisition program for the VXX Presidential Helicopter.
Sec. 253.
Report on strategy to improve body armor.
Subtitle E—
Other Matters
Sec. 261.
Establishment of Communications Security Review and Advisory Board.
Sec. 262.
Extension and expansion of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.
Sec. 263.
Extension of authority to award prizes for advanced technology achievements.
Sec. 264.
Five-year extension of pilot program to include technology protection features during research and development of certain defense systems.
Sec. 265.
Briefing on biometrics activities of the Department of Defense.
Sec. 266.
Sense of Congress on importance of aligning common missile compartment of Ohio-class replacement program with the United Kingdom’s Vanguard successor program.
Sec. 267.
Sense of Congress on counter-electronics high power microwave missile project.
Subtitle A—

Authorization of Appropriations
SEC. 201.

AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Department of Defense for research, development, test, and evaluation as specified in the funding table in section 4201.
Subtitle B—

Program Requirements, Restrictions, and Limitations
SEC. 211.

MODIFICATION OF REQUIREMENTS ON BIENNIAL STRATEGIC PLAN FOR THE DEFENSE ADVANCED RESEARCH PROJECTS AGENCY.
(a)

Elements of Strategic Plan.—
Subsection (b) of section 2352 of title 10, United States Code, is amended—
(1)
by amending paragraph (1) to read as follows:
“(1)
The strategic objectives of that agency, and the linkage between such objectives and the missions of the armed forces.”
;
(2)
in paragraph (2)(A), by striking “goals” and inserting “objectives”;
(3)
by striking paragraph (3);
(4)
by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and
(5)
in paragraph (3), as redesignated by paragraph (4) of this subsection, by striking “for the programs of that agency” and inserting “for programs demonstrating military systems to one or more of the armed forces”.
(b)

Responsibility for Submission of Plan.—
Subsection (c) of such section is amended by striking “Secretary of Defense shall” and inserting “Director shall, in coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics,”.
(c)
[10 U.S.C. 2352 note]

Effective Date.—
The amendments made by this section shall apply with respect to biennial strategic plans submitted under section 2352 of title 10, United States Code, as amended by this section, after the date of the enactment of this Act.
SEC. 212.

LIMITATION ON AVAILABILITY OF FUNDS FOR GROUND COMBAT VEHICLE ENGINEERING AND MANUFACTURING PHASE.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Army may be obligated or expended for post-Milestone B engineering and manufacturing phase development activities for the ground combat vehicle program until a period of 30 days has elapsed following the date on which the Secretary of the Army submits to the congressional defense committees a report that includes the following:
(1)
An independent assessment of the draft milestone B documentation for the ground combat vehicle that—
(A)
is performed by the Director of Cost Assessment and Program Evaluation, the Assistant Secretary of Defense for Research and Engineering, or other similar official; and
(B)
analyzes whether there is a sufficient business case to proceed with the engineering and manufacturing development phase for the ground combat vehicle using only one contractor.
(2)
A certification by the Secretary that the ground combat vehicle program has—
(A)
feasible, fully defined, and stable requirements;
(B)
been demonstrated in a relevant environment in accordance with section 2366b(a)(3)(D) of title 10, United States Code, and achieved technology readiness or maturity;
(C)
independent and high-confidence cost estimates;
(D)
sufficient funding available during fiscal year 2014 and sufficient funding planned for the period covered by the current future-years defense plan; and
(E)
a realistic and achievable schedule.
SEC. 213.

LIMITATION AND REPORTING REQUIREMENTS FOR UNMANNED CARRIER-LAUNCHED SURVEILLANCE AND STRIKE SYSTEM PROGRAM.
(a)

Limitation on Number of Air Vehicles.—
The Secretary of Defense may not acquire more than six air vehicles of the unmanned carrier-launched surveillance and strike system prior to receiving milestone B approval (as defined in section 2366(e)(7) of title 10, United States Code) for engineering and manufacturing development and low-rate initial production.
(b)

Quarterly Cost Reports.—
Beginning 90 days after the date on which the unmanned carrier-launched surveillance and strike system receives milestone A approval, and each 90-day period thereafter until such system receives milestone B approval, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, at a minimum—
(1)
the current cost estimate and schedule, as of the date of the report, for all segments of the unmanned carrier-launched surveillance and strike system program;
(2)
any changes to such cost estimate or schedule from the previous report; and
(3)
an explanation for any changes to the cost estimate or schedule or to the key performance parameters or key system attributes used for such program.
(c)
[10 U.S.C. 22 note]

Budget Documentation Requirement.—
In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2015, and each subsequent fiscal year, the Secretary shall include individual project lines for each program segment of the unmanned carrier-launched surveillance and strike system, within program element 0604404N, that articulate all costs, contractual actions, and other information associated with technology development for each such program segment.
(d)

Annual GAO Review.—
(1)

Review.—
The Comptroller General of the United States shall annually conduct a review of the acquisition program for the unmanned carrier-launched surveillance and strike system.
(2)

Report.—
Not later than March 1 of each year, the Comptroller General shall submit to the congressional defense committees a report on the review under paragraph (1).
(3)

Elements.—
Each report under paragraph (2) shall include such matters as the Comptroller General considers appropriate to fully inform the congressional defense committees of the status of the unmanned carrier-launched surveillance and strike system program. Such matters should include, at a minimum, the following:
(A)
The extent to which the unmanned carrier-launched surveillance and strike system program is meeting cost, schedule, and performance goals.
(B)
The progress and results of developmental testing.
(C)
An assessment of the acquisition strategy for the program, including whether the strategy is consistent with acquisition management best practices identified by the Comptroller General for the purposes of the program.
(4)

Sunset.—
The Comptroller General shall carry out this subsection until the earlier of—
(A)
the date on which the Secretary of the Navy awards a contract for the full-rate production of the unmanned carrier-launched surveillance and strike system; or
(B)
the date on which the unmanned carrier-launched surveillance and strike system program is terminated.
SEC. 214.

LIMITATION ON AVAILABILITY OF FUNDS FOR AIR FORCE LOGISTICS TRANSFORMATION.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for procurement, Air Force, or research, development, test, and evaluation, Air Force, for logistics information technology, including for the expeditionary combat support system, not more than 85 percent may be obligated or expended until the date that is 30 days after the date on which the Secretary of the Air Force submits to the congressional defense committees a report on how the Secretary will modernize and update the logistics information technology systems of the Air Force following the cancellation of the expeditionary combat support system. Such report shall include—
(1)
a detailed strategy and timeline for implementing the recommendations from the Expeditionary Combat Support System Acquisition Investigation Review Team Final Report; and
(2)
a description of the near-term options for maintaining or incrementally modernizing the logistics information technology systems of the Air Force until a replacement for the expeditionary combat support system can be determined.
SEC. 215.

LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSIVE CYBERSPACE OPERATIONS OF THE AIR FORCE.
(a)

Limitation.—
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for procurement, Air Force, or research, development, test, and evaluation, Air Force, for Defensive Cyberspace Operations (Program Element 0202088F), not more than 90 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees a report on the Application Software Assurance Center of Excellence.
(b)

Matters Included.—
The report under subsection (a) shall include the following:
(1)
A description of how the Application Software Assurance Center of Excellence is used to support the software assurance activities of the Air Force and other elements of the Department of Defense, including pursuant to section 933 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2224 note).
(2)
A description of the resources used to support the Center of Excellence from the beginning of the Center through fiscal year 2014.
(3)
The plan of the Secretary for sustaining the Center of Excellence during the period covered by the future-years defense program submitted in 2013 under section 221 of title 10, United States Code.
SEC. 216.

LIMITATION ON AVAILABILITY OF FUNDS FOR PRECISION EXTENDED RANGE MUNITION PROGRAM.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense, not more than 50 percent may be obligated or expended for the precision extended range munition program until the date on which the Chairman of the Joint Chiefs of Staff submits to the congressional defense committees written certification that—
(1)
such program is necessary to meet a valid operational need that cannot be met by the existing precision guided mortar munition of the Army, other indirect fire weapons, or aerial-delivered joint fires; and
(2)
a sufficient business case exists to proceed with the development and production of such program.
SEC. 217.

LONG-RANGE STANDOFF WEAPON REQUIREMENT; PROHIBITION ON AVAILABILITY OF FUNDS FOR NONCOMPETITIVE PROCEDURES FOR OFFENSIVE ANTI-SURFACE WARFARE WEAPON CONTRACTS OF THE NAVY.
(a)

Long-range Standoff Weapon.—
The Secretary of the Air Force shall develop a follow-on air-launched cruise missile to the AGM–86 that—
(1)
achieves initial operating capability for nuclear missions prior to the retirement of the nuclear-armed AGM–86; and
(2)
is capable of internal carriage and employment for nuclear missions on the next-generation long-range strike bomber.
(b)

Offensive Anti-Surface Warfare Weapon Contracts of the Navy.—
(1)

Prohibition.—
Except as provided by paragraph (2), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the offensive anti-surface warfare weapon may be used to enter into or modify a contract using procedures other than competitive procedures (as defined in section 2302(2) of title 10, United States Code).
(2)

Exemption; waiver.—
(A)

Exempted activities.—
The prohibition in paragraph (1) shall not apply to funds specified in such paragraph that are made available for the development, testing, and fielding of aircraft-launched offensive anti-surface warfare weapons capabilities.
(B)

National security waiver authority.—
The Secretary of Defense may waive the prohibition in paragraph (1) if the Secretary determines that such a waiver is in the national security interests of the United States.
SEC. 218.

REVIEW OF SOFTWARE DEVELOPMENT FOR F-35 AIRCRAFT.
(a)

Software Development Program.—
(1)

Review.—
The Under Secretary of Defense for Acquisition, Technology, and Logistics shall establish an independent team consisting of subject matter experts to review the development of software for the F-35 aircraft program (in this subsection referred to as the “software development program”), including by reviewing the progress made with respect to—
(A)
managing the software development program; and
(B)
delivering critical software capability in accordance with current program milestones.
(2)

Report.—
Not later than March 3, 2014, the Under Secretary shall submit to the congressional defense committees a report on the review under paragraph (1). Such report shall include the following:
(A)
An assessment by the independent team with respect to whether the software development program—
(i)
has been successful in meeting the key milestone dates occurring before the date of the report; and
(ii)
will be successful in meeting the established program schedule.
(B)
Any recommendations of the independent team with respect to improving the software development program to ensure that, in support of the start of initial operational testing, the established program schedule is met on time.
(C)
If the independent team determines that the software development program will be unable to deliver the full complement of software within the established program schedule, any potential alternatives that the independent team considers appropriate to deliver such software within such schedule.
(b)

Autonomic Logistics Information System Sustainment Report.—
Not later than 180 days after the date of the enactment of this Act, the Under Secretary, in consultation with the Joint Strike Fighter Joint Program Office, shall submit to the congressional defense committees a report on current plans, as of the date of the report, for long-term sustainment of the autonomic logistics information system of F-35 aircraft. Such report shall include the following:
(1)
Current plans for acquisition of technical data rights to autonomic logistics information system software and the potential competitive sustainment of elements of the autonomic logistics information system.
(2)
How sustainment of the autonomic logistics information system may take advantage of public-private partnerships authorized by section 2474 of title 10, United States Code, including schedules for actions necessary for such sustainment.
(3)
Any current plan to select, designate, and activate any Government-owned and Government-operated site to serve as the autonomic logistics operating unit.
(4)
Current plans to ensure that the autonomic logistics information system provides total asset visibility and accountability, including asset valuation and tracking, and for potential integration with other automated logistics systems.
SEC. 219.
[10 U.S.C. 221 note]

EVALUATION AND ASSESSMENT OF THE DISTRIBUTED COMMON GROUND SYSTEM.
(a)

Project Codes for Budget Submissions.—
In the budget submitted by the President to Congress under section 1105 of title 31, United States Code, for fiscal year 2015 and each subsequent fiscal year, each capability component within the distributed common ground system program shall be set forth as a separate project code within the program element line, and each covered official shall submit supporting justification for the project code within the program element descriptive summary.
(b)

Analysis.—
(1)

Requirement.—
The Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct an analysis of capability components that are compliant with the intelligence community data standards and could be used to meet the requirements of the distributed common ground system program.
(2)

Elements.—
The analysis required under paragraph (1) shall include the following:
(A)
Revalidation of the distributed common ground system program requirements based on current program needs, recent operational experience, and the requirement for nonproprietary solutions that adhere to open-architecture principles.
(B)
Market research of current commercially available tools to determine whether any such tools could potentially satisfy the requirements described in subparagraph (A).
(C)
Analysis of the competitive acquisition options for any tools identified in subparagraph (B).
(3)

Submission.—
Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees the results of the analysis conducted under paragraph (1).
(c)

Covered Official Defined.—
In this section, the term “covered official” means the following:
(1)
The Secretary of the Army, with respect to matters concerning the Army.
(2)
The Secretary of the Navy, with respect to matters concerning the Navy.
(3)
The Secretary of the Air Force, with respect to matters concerning the Air Force.
(4)
The Commandant of the Marine Corps, with respect to matters concerning the Marine Corps.
(5)
The Commander of the United States Special Operations Command, with respect to matters concerning the United States Special Operations Command.
SEC. 220.

OPERATIONALLY RESPONSIVE SPACE.
(a)

Sense of Congress.—
It is the sense of Congress that—
(1)
it remains the policy of the United States, as expressed in section 913(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2355), to demonstrate, acquire, and deploy an effective capability for operationally responsive space to support military users and operations from space, which shall consist of—
(A)
responsive satellite payloads and busses built to common technical standards;
(B)
low-cost space launch vehicles and supporting range operations that facilitate the timely launch and on-orbit operations of satellites;
(C)
responsive command and control capabilities; and
(D)
concepts of operations, tactics, techniques, and procedures that permit the use of responsive space assets for combat and military operations other than war; and
(2)
the Operationally Responsive Space Program Office has demonstrated through multiple launches since 2009 an ability to accomplish many of the policy objectives of the Operationally Responsive Space Program through specific missions, but has not executed a mission that leverages all policy objectives of such Program in a single mission.
(b)

Limitation.—
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense for the space-based infrared systems space modernization initiative wide-field-of-view testbed, not more than 50 percent may be obligated or expended until the Executive Agent for Space of the Department of Defense certifies to the congressional defense committees that the Secretary of Defense is carrying out the Operationally Responsive Space Program Office in accordance with section 2273a of title 10, United States Code.
(c)

Report.—
Not later than 60 days after the date of the enactment of this Act, the Executive Agent for Space of the Department of Defense shall submit to the congressional defense committees a report regarding a potential mission that would seek to leverage all policy objectives of the Operationally Responsive Space Program in a single mission.
SEC. 221.

SUSTAINMENT OR REPLACEMENT OF BLUE DEVIL INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE CAPABILITIES.
(a)

Plan to Retain Capability.—
The Secretary of the Air Force shall develop a plan to sustain the operational capabilities of the Blue Devil 1 Intelligence, Surveillance, and Reconnaissance Systems (in this section referred to as “Blue Devil 1 system”), including precision signal geolocation, by—
(1)
procuring the existing Blue Devil 1 system;
(2)
developing a new system; or
(3)
basing a new system on capabilities that are adapted and integrated from existing programs and programs being developed.
(b)

Report Required.—
Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on—
(1)
the potential cost of procuring, operating, and sustaining current Blue Devil 1 systems for fiscal years 2014 through 2019, including costs relating to procurement, research and development, personnel, operation and maintenance, and military construction;
(2)
the ability of other current platforms and subsystems as of the date of the report to provide intelligence, surveillance, and reconnaissance support similar to the support provided by the current Blue Devil 1 system; and
(3)
a listing of programs of the Air Force and other programs of the Department of Defense in development as of the date of the report that could provide such similar support in the future.
(c)

Requirement to Coordinate.—
In preparing the report under subsection (b), the Secretary shall—
(1)
coordinate with the Commander of the United States Special Operations Command regarding the operational needs of the United States Special Operations Command; and
(2)
coordinate with the Director of the Defense Advanced Research Projects Agency with respect to information regarding the transfer to the Air Force of the technology developed under the wide-area network detection program for operational integration of wide-area motion imagery and near-vertical direction-finding data for effective target detection, identification, and tracking for potential incorporation, as practical and appropriate, into other platforms.
(d)

Appropriate Congressional Committees Defined.—
In this section, the term “appropriate congressional committees” means—
(1)
the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(2)
the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
Subtitle C—

Missile Defense Programs
SEC. 231.

IMPROVEMENTS TO ACQUISITION ACCOUNTABILITY REPORTS ON BALLISTIC MISSILE DEFENSE SYSTEM.
(a)
[10 U.S.C. 225 note]

Improvement to Operations and Sustainment Cost Estimates.—
In preparing the acquisition accountability reports on the ballistic missile defense system required by section 225 of title 10, United States Code, the Director of the Missile Defense Agency shall improve the quality of cost estimates relating to operations and sustainment that are included in such reports under subsection (b)(3)(A) of such section, including with respect to the confidence levels of such cost estimates.
(b)

Operations and Sustainment Responsibility.—
Section 225 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(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.”
.
(c)

Report.—
(1)

In general.—
Not later than one year after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report outlining the plans of the Director to improve the quality of cost estimates pursuant to subsection (a).
(2)

Elements.—
The report under paragraph (1) shall include—
(A)
a description of the actions planned to improve the quality of cost estimates included in the acquisition accountability reports on the ballistic missile defense system required by section 225 of title 10, United States Code;
(B)
the schedule for such planned actions, including the planned schedule for meeting the requirements of subsection (e) of such section 225, as added by subsection (b);
(C)
a description of any steps taken during the previous year to improve the quality of such cost estimates;
(D)
an assessment of how the planned improvements compare to the best practices and cost-estimation guidelines recommended by the Comptroller General of the United States for cost estimates of the ballistic missile defense system;
(E)
any other matters the Director considers appropriate; and
(F)
the views of the Comptroller General of the United States with respect to the contents of the report.
(3)

Form.—
The report under paragraph (1) shall be submitted in unclassified form.
SEC. 232.

PROHIBITION ON USE OF FUNDS FOR MEADS PROGRAM.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended for the medium extended air defense system.
SEC. 233.

PROHIBITION ON AVAILABILITY OF FUNDS FOR INTEGRATION OF CERTAIN MISSILE DEFENSE SYSTEMS; REPORT ON REGIONAL BALLISTIC MISSILE DEFENSE.
(a)

Prohibition on Integration of Certain Systems.—
(1)

Sense of congress.—
It is the sense of Congress that missile defense systems of the People’s Republic of China should not be integrated into the missile defense systems of the United States or the North Atlantic Treaty Organization.
(2)

Prohibition.—
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended to integrate missile defense systems of the People’s Republic of China into missile defense systems of the United States.
(b)

Report on Regional Ballistic Missile Defense.—
(1)

In general.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status and progress of regional missile defense programs and efforts.
(2)

Elements.—
The report under paragraph (1) shall include the following:
(A)
A description of the overall risk assessment from the most recent Global Ballistic Missile Defense Assessment of regional missile defense capabilities relative to meeting the operational needs of the commanders of the geographic combatant commands, including the need for force protection of forward-deployed forces and capabilities of the United States and for the defense of allies and partners of the United States.
(B)
An assessment of whether and how the currently planned phased, adaptive approach to missile defense in Europe and other planned regional missile defense approaches and capabilities of the United States meet the integrated priorities of the commanders of the geographic combatant commands to achieve the operational requirements of the commanders to defend against the ballistic missile threat to deployed forces of the United States and allies of the United States, including a description of planned force structure deployment options to increase missile defense capabilities in the area of responsibility of a commander, if needed, in the event of warning of an imminent ballistic missile attack.
(C)
A detailed explanation of the current and planned concept of operations for the phased, adaptive approach to missile defense in Europe, including—
(i)
arrangements for allocating the command of assets of such approach between the Commander of the United States European Command and the Supreme Allied Commander, Europe;
(ii)
an explanation of the circumstances under which such command would be allocated to each commander; and
(iii)
a description of the prioritization of defense of both the deployed forces of the United States and the territory of the member states of the North Atlantic Treaty Organization using available missile defense interceptor inventory.
(D)
A description of the progress made in the development and testing of elements of systems intended for deployment in phases 2 and 3 of the phased, adaptive approach to missile defense in Europe, including the standard missile-3 block IB, the standard missile-3 block IIA interceptors, and the Aegis Ashore system, and any areas where work remains to ensure such phases are ready for deployment as specified in the 2010 Ballistic Missile Defense Review.
(E)
A description of the manner in which elements of regional missile defense architectures, such as forward-based X-band radars in Japan, Israel, Turkey, and the area of responsibility of the Commander of the United States Central Command, contribute to the enhancement of the homeland defense of the United States.
(F)
A description of the manner in which enhanced integration of offensive military capabilities and defensive missile defense capabilities, including the potential for improved intelligence, surveillance, and reconnaissance, will fit into regional missile defense planning and force structure assessments.
(G)
A description of how the contributions of allies and partners of the United States that have purchased missile defense technology of the United States could aid in reducing the costs of deployment of regional missile defense capabilities of the United States, and how the systems of such allies and partners could be better networked and integrated to provide mutual force multiplication benefits.
(H)
A description of how the Secretary of Defense is working with allies and partners of the United States that have purchased air and missile defense technology of the United States to integrate the capabilities of such allies and partners provided by such technology with the air and missile defense systems and networks of the United States to provide mutual benefit.
(I)
Any other matters the Secretary determines appropriate.
(3)

Form.—
The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
SEC. 234.

AVAILABILITY OF FUNDS FOR CO-PRODUCTION OF IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM IN THE UNITED STATES.
(a)

Availability of Funds.—
(1)

In general.—
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for research, development, test, and evaluation, Defense-wide, for the Missile Defense Agency, not more than $15,000,000 may be obligated or expended for nonrecurring engineering costs in connection with the establishment of a capacity for co-production in the United States by industry of the United States of parts and components for the Iron Dome short-range rocket defense program. Such obligation or expenditure shall be made pursuant to an agreement described in paragraph (2).
(2)

Agreement described.—
An agreement described in this paragraph is an agreement entered into by the Government of the United States and the Government of Israel with respect to the co-production in the United States of parts and components for the Iron Dome short-range rocket defense program.
(b)

Report on Co-production.—
Not later than 30 days after obligating or expending funds specified in subsection (a), the Director of the Missile Defense Agency shall submit to the congressional defense committees a report on the plan to implement an agreement described in paragraph (2) of such subsection, including the following:
(1)
A description of the estimated cost of implementing the agreement, including the costs to be paid by industry.
(2)
The expected schedule to implement the agreement.
(3)
A description of any efforts to minimize the costs of the agreement to the Government of the United States.
(c)

Report on Missile Defense Cooperation.—
(1)

In general.—
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of missile defense cooperation between the United States and Israel.
(2)

Elements.—
The report under paragraph (1) shall include the following:
(A)
A description of the current program of ballistic missile defense cooperation between the United States and Israel, including the objectives and results of such cooperation as of the date of the report.
(B)
A description of steps taken during the year prior to the report, and steps planned to be taken during the year following the report, by the governments of the United States and Israel to improve the coordination, interoperability, and integration of the missile defense capabilities of the United States and Israel.
(C)
A description of joint missile defense exercises and training that have been conducted by the United States and Israel, and the lessons learned from such exercises.
(D)
A description of joint efforts of the United States and Israel to develop ballistic missile defense technologies and capabilities.
(E)
Any other matters that the Secretary considers appropriate.
(d)

Construction.—
Nothing in this section shall be construed to alter or affect the procurement schedule, or anticipated procurement numbers, under the Iron Dome short-range rocket defense program.
(e)

Sense of Congress.—
It is the sense of Congress that—
(1)
second-source production of parts and components of the Iron Dome short-range rocket defense program that is based in the United States is in the national security interest of both Israel and the United States; and
(2)
the move towards such a second-source capacity in the United States for integration and assembly of all-up rounds of the Iron Dome short-range rocket defense program will further enhance the security of Israel by ensuring added production capability of such vital program.
SEC. 235.
[10 U.S.C. 2431 note]

ADDITIONAL MISSILE DEFENSE RADAR FOR THE PROTECTION OF THE UNITED STATES HOMELAND.
(a)

Deployment of Long-range Discriminating Radar.—
(1)

In general.—
The Director of the Missile Defense Agency shall deploy a long-range discriminating radar against long-range ballistic missile threats from the Democratic People’s Republic of Korea. Such radar shall be located at a location optimized to support the defense of the homeland of the United States.
(2)

Funding.—
Of the funds authorized to be appropriated by this Act for research, development, test, and evaluation, Defense-wide, for the Missile Defense Agency for BMD Sensors (PE 63884C), as specified in the funding table in section 4201, $30,000,000 shall be available for initial costs toward the deployment of the radar required by paragraph (1).
(b)

Additional Sensor Coverage for Threats From Iran.—
(1)

In general.—
The Secretary of Defense shall ensure that the Secretary is able to deploy additional tracking and discrimination sensor capabilities to support the defense of the homeland of the United States from future long-range ballistic missile threats that emerge from Iran.
(2)

Report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that details what sensor capabilities of the United States, including re-locatable land- and sea-based capabilities, are or will become available to support the defense of the homeland of the United States from future long-range ballistic missile threats that emerge from Iran. Such report shall include the following:
(A)
With respect to the capabilities included in the report, an identification of such capabilities that can be located on the Atlantic-side of the United States by not later than 2019, or sooner if long-range ballistic missile threats from Iran are successfully flight-tested prior to 2019.
(B)
A description of the manner in which the United States will maintain such capabilities so as to ensure the deployment of the capabilities in time to support the missile defense of the United States from long-range ballistic missile threats from Iran.
SEC. 236.

EVALUATION OF OPTIONS FOR FUTURE BALLISTIC MISSILE DEFENSE SENSOR ARCHITECTURES.
(a)

Evaluation Required.—
(1)

In general.—
The Secretary of Defense, acting through the Commander of the United States Strategic Command, shall conduct an evaluation of options and alternatives for future sensor architectures for ballistic missile defense in order to enhance the ballistic missile defense capabilities of the United States.
(2)

Consultation.—
In carrying out paragraph (1), the Secretary shall consult with the heads of departments and agencies of the Federal Government that the Secretary determines appropriate.
(3)

Scope of evaluation.—
In conducting the evaluation under paragraph (1), the Secretary shall consider the following:
(A)
A wide range of options for a future sensor architecture for ballistic missile defense, including—
(i)
options regarding the future development, integration, exploitation, and deployment of existing or new missile defense sensor systems and assets; and
(ii)
options regarding using capabilities of the Federal Government that exist or are planned as of the date of the evaluation that are not primarily focused on missile defense, including such capabilities that may require modification to be used for missile defense.
(B)
The potential costs, advantages, and feasibility of using such future sensor architecture for purposes other than missile defense, including for technical intelligence collection or space situational awareness.
(C)
Whether and how such future sensor architectures could be designed and employed to fulfill missions other than missile defense when not required for such missile defense missions.
(4)

Objective.—
The objective of the evaluation shall be to identify one or more future sensor architectures for ballistic missile defense that will result in an improvement of the performance of the ballistic missile defense system in a cost-effective, operationally effective, timely, and affordable manner.
(b)

Elements to Be Evaluated.—
The evaluation required by subsection (a) shall include a consideration of the following:
(1)

Sensor types.—
At a minimum, the types of sensors as follows:
(A)
Radar.
(B)
Infrared.
(C)
Optical and electro-optical.
(D)
Directed energy.
(2)

Sensor modes.—
Deployment modes of sensors as follows:
(A)
Ground-based sensors.
(B)
Sea-based sensors.
(C)
Airborne sensors.
(D)
Space-based sensors.
(3)

Sensor functions.—
At a minimum, missile defense-related sensor functions as follows:
(A)
Detection.
(B)
Tracking.
(C)
Characterization.
(D)
Classification.
(E)
Discrimination.
(F)
Debris mitigation.
(G)
Kill assessment.
(4)

Sensor architecture capabilities.—
At a minimum, maximization or improvement of sensor-related capabilities as follows:
(A)
Handling of increasing raid sizes.
(B)
Precision tracking of threat missiles.
(C)
Providing fire-control quality tracks of evolving threat missiles.
(D)
Enabling launch-on-remote and engage-on-remote capabilities.
(E)
Discriminating lethal objects (warheads) from other objects.
(F)
Effectively assessing the results of engagements.
(G)
Enabling enhanced shot doctrine.
(H)
Other capabilities that the Secretary of Defense determines appropriate.
(c)

Report.—
(1)

In general.—
Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the results of the evaluation required by subsection (a).
(2)

Elements.—
The report under paragraph (1) shall include the findings, conclusions, and recommendations of the Secretary with respect to—
(A)
future sensor architectures evaluated under subsection (a)(3)(A)(i).
(B)
existing or planned capabilities of the Federal Government evaluated under subsection (a)(3)(A)(ii);
(C)
using future sensor architecture for additional purposes as described in subsection (a)(3)(B); and
(D)
the design and employment of future sensor architectures to fulfill missions other than missile defense as described in subsection (a)(3)(C).
(3)

Form.—
The report shall be submitted in unclassified form, but may include a classified annex.
(d)

Conforming Repeal.—
Section 224 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1675) is repealed.
SEC. 237.
[10 U.S.C. 2431 note]

PLANS TO IMPROVE THE GROUND-BASED MIDCOURSE DEFENSE SYSTEM.
(a)

Improved Kill Assessment Capability.—
The Director of the Missile Defense Agency, in consultation with the Commander of the United States Strategic Command and the Commander of the United States Northern Command, shall develop—
(1)
options to achieve an improved kill assessment capability for the ground-based midcourse defense system that can be developed as soon as practicable with acceptable acquisition risk, with the objective of achieving initial operating capability by not later than December 31, 2019, including by improving—
(A)
the exo-atmospheric kill vehicle for the ground-based interceptor;
(B)
the command, control, battle management, and communications system; and
(C)
the sensor and communications architecture of the ballistic missile defense system; and
(2)
a plan to carry out such options that gives priority to including such improved capabilities in at least some of the 14 ground-based interceptors that will be procured by the Director, as announced by the Secretary of Defense on March 15, 2013.
(b)

Improved Hit Assessment.—
The Director, in consultation with the Commander of the United States Strategic Command and the Commander of the United States Northern Command, shall take appropriate steps to develop an interim capability for improved hit assessment for the ground-based midcourse defense system that can be integrated into near-term exo-atmospheric kill vehicle upgrades and refurbishment.
(c)

Report on Improved Capabilities.—
Not later than April 1, 2014, the Director, the Commander of the United States Strategic Command, and the Commander of the United States Northern Command shall jointly submit to the congressional defense committees a report on—
(1)
the development of an improved kill assessment capability under subsection (a), including the plan developed under paragraph (2) of such subsection; and
(2)
the development of an interim capability for improved hit assessment under subsection (b).
(d)

Plan for Upgraded Enhanced Exo-atmospheric Kill Vehicle.—
(1)

Plan required.—
Not later than 120 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a plan to use covered funding to develop, test, and deploy an upgraded enhanced exo-atmospheric kill vehicle for the ground-based midcourse defense system that—
(A)
is tested under a test program coordinated with the Director of Operational Test and Evaluation; and
(B)
following such test program, is capable of being deployed during fiscal year 2018 or thereafter.
(2)

Priority.—
In developing the plan for an upgraded enhanced exo-atmospheric kill vehicle under paragraph (1), the Director shall give priority to the following attributes:
(A)
Cost effectiveness and high reliability, testability, producibility, modularity, and maintainability.
(B)
Capability across the midcourse battle space.
(C)
Ability to leverage ballistic missile defense system data with kill vehicle on-board capability to discriminate lethal objects.
(D)
Reliable on-demand communications.
(E)
Sufficient flexibility to ensure that the potential for future enhancements, including ballistic missile defense system interceptor commonality and multiple and volume kill capability, is maintained.
(3)

Covered funding defined.—
In this subsection, the term “covered funding” means—
(A)
funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Missile Defense Agency, as specified in the funding table in section 4201; and
(B)
funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239) or otherwise made available for fiscal year 2013 that are available to the Director to carry out the plan under paragraph (1).
SEC. 238.

REPORT ON POTENTIAL FUTURE HOMELAND BALLISTIC MISSILE DEFENSE OPTIONS.
(a)

Report Required.—
Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on potential future options for enhancing the ballistic missile defense of the homeland of the United States.
(b)

Consultation.—
The Secretary shall prepare the report under subsection (a) in consultation with the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Director of the Missile Defense Agency.
(c)

Elements.—
The report under subsection (a) shall include the following:
(1)
A description of the current assessment of the threat to the United States from limited ballistic missile attack (whether accidental, unauthorized, or deliberate), particularly from countries such as North Korea and Iran, and an assessment of the projected future threat through 2022, including a discussion of confidence levels and uncertainties in such threat assessment.
(2)
A description of the current capability of the ballistic missile defense of the homeland of the United States to defend against the current threat of limited ballistic missile attack (whether accidental, unauthorized, or deliberate), particularly from countries such as North Korea and Iran.
(3)
A description of the status of efforts to correct the problems that caused the flight test failures of the ground-based midcourse defense system in December 2010 and July 2013 and plans for future efforts, including additional flight testing, to demonstrate that the problems have been successfully corrected.
(4)
A description of planned improvements to the current ballistic missile defense system of the homeland of the United States, and the enhancements to the capability of such system that would result from such planned improvements, including—
(A)
deployment of 14 additional ground-based interceptors at Fort Greely, Alaska;
(B)
missile defense upgrades of early warning radars at Clear, Alaska, and Cape Cod, Massachusetts;
(C)
deployment of an in-flight interceptor communications system data terminal at Fort Drum, New York; and
(D)
improvements to the effectiveness and reliability of the ground-based interceptors and the overall ground-based midcourse defense system.
(5)
In accordance with subsection (d), a description of potential additional future options for the ballistic missile defense of the homeland of the United States, in addition to the improvements described in paragraph (4), if future ballistic missile threats warrant deployment of such options to increase the capabilities of such ballistic missile defense, including—
(A)
deployment of a missile defense interceptor site on the East Coast;
(B)
deployment of a missile defense interceptor site in another location in the United States, other than on the East Coast;
(C)
expansion of Missile Field-1 at Fort Greely, Alaska, to an operationally available 20-silo configuration, to permit further interceptor deployments;
(D)
deployment of additional ground-based interceptors for the ground-based midcourse defense system at Fort Greely, Alaska, or Vandenberg Air Force Base, California, or both;
(E)
deployment of additional missile defense sensors, including at a site in Alaska as well as an X-band radar on or near the East Coast or elsewhere, to enhance system tracking and discrimination, including various sensor options;
(F)
enhancements to the operational effectiveness, cost effectiveness, and overall performance of the ground-based midcourse defense system through improvements to system reliability, discrimination, battle management, exo-atmospheric kill vehicle capability, and related functions;
(G)
the potential for future enhancement and deployment of the standard missile-3 block IIA interceptor to augment the ballistic missile defense of the homeland of the United States;
(H)
missile defense options to defend the homeland of the United States against ballistic missiles that could be launched from vessels on the seas around the United States, including the Gulf of Mexico, or other ballistic missile threats that could approach the United States from the south, should such a threat arise in the future; and
(I)
any other options the Secretary considers appropriate.
(d)

Evaluation of Potential Options.—
For each option described under subsection (c)(5), the Secretary shall provide an evaluation of the advantages and disadvantages of such option. The evaluation of each such option shall include consideration of the following:
(1)
Technical feasibility.
(2)
Operational effectiveness and utility against the projected future threat.
(3)
Cost, cost effectiveness, and affordability.
(4)
Schedule considerations.
(5)
Agility to respond to changes in future threat evolution.
(e)

Conclusions and Recommendations.—
Based on the evaluations required by subsection (d), the Secretary shall include in the report under subsection (a) such findings, conclusions, and recommendations as the Secretary considers appropriate for potential future options for the ballistic missile defense of the homeland of the United States.
(f)

Form.—
The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
SEC. 239.

BRIEFINGS ON STATUS OF IMPLEMENTATION OF CERTAIN MISSILE DEFENSE MATTERS.
Not later than 180 days after the completion of the site evaluation study required by subsection (a) of section 227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1678), and again one year after such date, the Secretary of Defense shall provide to the congressional defense committees a detailed briefing on the current status of efforts and plans to implement the requirements of such section, including—
(1)
the progress and plans toward preparation of the environmental impact statement required by subsection (b) of such section; and
(2)
the development of the contingency plan under subsection (d) of such section for deployment of an additional homeland missile defense interceptor site in case the President determines to proceed with such an additional deployment.
SEC. 240.

SENSE OF CONGRESS AND REPORT ON NATO AND MISSILE DEFENSE BURDEN-SHARING.
(a)

Sense of Congress.—
It is the sense of Congress that as defense budget resources continue to decline in the United States, including by reason of funding reductions under the Budget Control Act of 2011 (Public Law 112-25), and the sequestration in effect by reason of such Act, the importance of burden-sharing among members of the North Atlantic Treaty Organization for missile defense is increasing.
(b)

Report Required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the cost of missile defense for members of the North Atlantic Treaty Organization (in this section referred to as “NATO”), including the phased, adaptive approach to missile defense in Europe, and the contributions made by members of NATO for such missile defense.
(c)

Matters Included.—
The report under subsection (b) shall include the following:
(1)
The total estimated cost directly attributable to the various phases of the phased, adaptive approach to missile defense in Europe, including costs relating to research, development, testing, and evaluation, procurement, and military construction.
(2)
With respect to the cost of missile defense for NATO, including the phased, adaptive approach to missile defense in Europe, a description of the level of burden-sharing among members of NATO as of the date of the report, including through contributions made by a member in the form of hosting elements of such approach to missile defense in the territory of the member.
(3)
An assessment of, and recommendations for, areas where the Secretary determines that NATO and the members of NATO could improve the burden-sharing among members with respect to the cost of missile defense for NATO described in paragraph (2), including through the possible pooling of missile defense interceptors.
(d)

Form.—
The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
SEC. 241.

SENSE OF CONGRESS ON DEPLOYMENT OF REGIONAL BALLISTIC MISSILE DEFENSE CAPABILITIES.
It is the sense of Congress that—
(1)
the United States develops and deploys regional ballistic missile defense capabilities to protect the forward-deployed forces, allies, and partners of the United States against regional ballistic missile threats, consistent with the security obligations of the United States and as part of the broader theater security and military plans of the geographic combatant commanders of the United States;
(2)
in deciding on the deployment of regional missile defense assets and capabilities of the United States, the Secretary of Defense should give priority consideration to the capabilities needed to deter and defend against the ballistic missile threat, including the recommendations of the Joint Chiefs of Staff and the priorities of the geographic combatant commanders for meeting the operational needs of the commanders for ballistic missile defense;
(3)
such deployment decisions should take into account all of the ballistic missile threats to the forces, allies, and partners of the United States in each region;
(4)
the United States should encourage the allies and partners of the United States to acquire and contribute to integrated and complementary regional ballistic missile defense capabilities—including coordination, data sharing, and networking arrangements—and such allied and partner capabilities should be taken into account in deciding on the deployment of regional missile defense capabilities of the United States; and
(5)
the United States should cooperate closely with the allies and partners of the United States, including such allies and partners in East Asia, on missile defense deployments and cooperation that enhance the mutual security of the United States and such allies and partners.
SEC. 242.

SENSE OF CONGRESS ON PROCUREMENT OF CAPABILITY ENHANCEMENT II EXOATMOSPHERIC KILL VEHICLE.
It is the sense of Congress that the Secretary of Defense should not procure a Capability Enhancement II exoatmospheric kill vehicle for deployment until after the date on which a successful intercept flight test of the Capability Enhancement II ground-based interceptor has occurred, unless such procurement is for test assets or to maintain a warm line for the industrial base.
Subtitle D—

Reports
SEC. 251.

ANNUAL COMPTROLLER GENERAL REPORT ON THE AMPHIBIOUS COMBAT VEHICLE ACQUISITION PROGRAM.
(a)

Annual GAO Review.—
During the period beginning on the date of the enactment of this Act and ending on March 1, 2018, the Comptroller General of the United States shall conduct an annual review of the amphibious combat vehicle acquisition program.
(b)

Annual Reports.—
(1)

In general.—
Not later than March 1 of each year beginning in 2014 and ending in 2018, the Comptroller General shall submit to the congressional defense committees a report on the review of the amphibious combat vehicle acquisition program conducted under subsection (a).
(2)

Matters to be included.—
Each report under paragraph (1) shall include the following:
(A)
The extent to which the program is meeting development and procurement cost, schedule, performance, and risk mitigation goals.
(B)
With respect to meeting the desired initial operational capability and full operational capability dates for the amphibious combat vehicle, the progress and results of—
(i)
developmental and operational testing of the vehicle; and
(ii)
plans for correcting deficiencies in vehicle performance, operational effectiveness, reliability, suitability, and safety.
(C)
An assessment of procurement plans, production results, and efforts to improve manufacturing efficiency and supplier performance.
(D)
An assessment of the acquisition strategy of the amphibious combat vehicle, including whether such strategy is in compliance with acquisition management best-practices and the acquisition policy and regulations of the Department of Defense.
(E)
An assessment of the projected operations and support costs and the viability of the Marine Corps to afford to operate and sustain the amphibious combat vehicle.
(3)

Additional information.—
In submitting to the congressional defense committees the first report under paragraph (1) and a report following any changes made by the Secretary of the Navy to the baseline documentation of the amphibious combat vehicle acquisition program, the Comptroller General shall include, with respect to such program, an assessment of the sufficiency and objectivity of—
(A)
the analysis of alternatives;
(B)
the initial capabilities document; and
(C)
the capabilities development document.
SEC. 252.

ANNUAL COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON THE ACQUISITION PROGRAM FOR THE VXX PRESIDENTIAL HELICOPTER.
(a)

Annual GAO Review.—
The Comptroller General of the United States shall conduct annually a review of the acquisition program for the VXX Presidential Helicopter aircraft.
(b)

Annual Reports.—
(1)

In general.—
Not later than March 1 each year, the Comptroller General shall submit to the congressional defense committees a report on the review conducted under subsection (a) during the preceding year.
(2)

Elements.—
Each report under paragraph (1) shall include such matters as the Comptroller General considers appropriate to fully inform the congressional defense committees of the stage of the acquisition process for the VXX Presidential Helicopter aircraft covered by the review described in such report. Such matters may include the following:
(A)
The extent to which the acquisition program for the VXX Presidential Helicopter aircraft is meeting cost, schedule, and performance goals.
(B)
The progress and results of developmental testing.
(C)
An assessment of the acquisition strategy for the program, including whether the strategy is consistent with acquisition management best practices identified by the Comptroller General for purposes of the program.
(c)

Sunset.—
The requirements in this section shall terminate upon the earlier of—
(1)
the date on which the Navy awards a contract for full-rate production for the VXX Presidential Helicopter aircraft; or
(2)
the date on which the acquisition program for such aircraft is terminated.
SEC. 253.

REPORT ON STRATEGY TO IMPROVE BODY ARMOR.
(a)

Report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the comprehensive research and development strategy of the Secretary to achieve significant reductions in the weight of body armor.
(b)

Matters Included.—
The report under subsection (a) shall include the following:
(1)
A brief description of each solution for body armor weight reduction that is being developed as of the date of the report.
(2)
For each such solution—
(A)
the costs, schedules, and performance requirements;
(B)
the research and development funding profile;
(C)
a description of the materials being used in the solution; and
(D)
the feasibility and technology readiness levels of the solution and the materials.
(3)
A strategy to provide resources for future research and development of body armor weight reduction.
(4)
An explanation of how the Secretary is using a modular or tailorable solution to approach body armor weight reduction.
(5)
A description of how the Secretary coordinates the research and development of body armor weight reduction being carried out by the military departments.
(6)
Any other matter the Secretary considers appropriate.
(c)

Form.—
The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Subtitle E—

Other Matters
SEC. 261.

ESTABLISHMENT OF COMMUNICATIONS SECURITY REVIEW AND ADVISORY BOARD.
(a)

In General.—
Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section:
“SEC. 189.
[10 U.S.C. 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.”
.
(b)

Clerical Amendment.—
The table of sections at the beginning of such chapter is amended by adding after the item relating to section 188 the following new item:
“189.
Communications Security Review and Advisory Board”
.
SEC. 262.

EXTENSION AND EXPANSION OF MECHANISMS TO PROVIDE FUNDS FOR DEFENSE LABORATORIES FOR RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS.
(a)

Clarification of Availability of Funds.—
Section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 2358 note) is amended—
(1)
in subsection (a)(1)(D), by striking “and recapitalization” through the period at the end and inserting “recapitalization, or minor military construction of the laboratory infrastructure, in accordance with subsection (b).”;
(2)
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(3)
by inserting after subsection (a) the following new subsection (b):
“(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.”
.
(b)

Extension.—
Subsection (d) of such section, as redesignated by subsection (a)(2) of this section, is amended by striking “September 30, 2016” and inserting “September 30, 2020”.
(c)
[10 U.S.C. 2358 note]

Application.—
Subsection (b) of such section 219, as added by subsection (a)(3), shall apply with respect to funds made available under such section on or after the date of the enactment of this Act.
SEC. 263.

EXTENSION OF AUTHORITY TO AWARD PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 2374a(f) of title 10, United States Code, is amended by striking “September 30, 2013” and inserting “September 30, 2018”.
SEC. 264.

FIVE-YEAR EXTENSION OF PILOT PROGRAM TO INCLUDE TECHNOLOGY PROTECTION FEATURES DURING RESEARCH AND DEVELOPMENT OF CERTAIN DEFENSE SYSTEMS.
Section 243(d) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 2358 note) is amended by striking “October 1, 2015” and inserting “October 1, 2020”.
SEC. 265.

BRIEFING ON BIOMETRICS ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a)

Briefing Required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on an assessment of the future program structure for biometrics oversight and execution and architectural requirements for biometrics-enabling capability.
(b)

Matters Included.—
The briefing under subsection (a) shall include the following:
(1)
An assessment of the roles and responsibilities of the principal staff assistant for biometrics, the program manager for biometrics, and the Defense Forensics and Biometrics Agency, including—
(A)
the roles and responsibilities of each element of the Department of Defense, including each military department, with responsibility for biometrics and each such element that is responsible for requirements and testing regarding biometrics; and
(B)
whether the executive management responsibilities of the Department of Defense program manager for biometrics should be retained by the Army or transferred to another element of the Department.
(2)
An assessment of the current requirements for biometrics-enabling capability, including with respect to—
(A)
a governance process for capturing, vetting, and validating requirements and business processes across military department, interagency, and international partners; and
(B)
a process to determine resourcing business rules to establish and sustain such capabilities.
(3)
An evaluation of the most appropriate element of the Department to take responsibility for defining and managing the end-to-end performance of the biometric enterprise, beginning and ending at the point of biometric encounter, as described in the report of the Comptroller General of the United States titled “Defense Biometrics: Additional Training for Leaders and More Timely Transmission of Data Could Enhance the Use of Biometrics in Afghanistan”, numbered 12-442.
SEC. 266.

SENSE OF CONGRESS ON IMPORTANCE OF ALIGNING COMMON MISSILE COMPARTMENT OF OHIO-CLASS REPLACEMENT PROGRAM WITH THE UNITED KINGDOM’S VANGUARD SUCCESSOR PROGRAM.
It is the sense of Congress that the Secretary of Defense and the Secretary of the Navy should make every effort to ensure that the common missile compartment associated with the Ohio-class ballistic missile submarine replacement program stays on schedule and is aligned with the Vanguard-successor program of the United Kingdom in order for the United States to fulfill its longstanding commitment to our ally and partner in sea-based strategic deterrence.
SEC. 267.

SENSE OF CONGRESS ON COUNTER-ELECTRONICS HIGH POWER MICROWAVE MISSILE PROJECT.
It is the sense of the Congress that—
(1)
in carrying out the non-kinetic counter-electronics developmental planning effort of the Air Force, the Secretary of Defense should consider the results of the successful joint technology capability demonstration that the counter-electronics high power microwave missile project conducted in 2012;
(2)
an analysis of alternatives is an important step in the long-term development of a non-kinetic counter-electronic system;
(3)
the Secretary should pursue both near- and far-term joint non-kinetic counter-electronic systems; and
(4)
the counter-electronics high power microwave missile project (or a variant thereof) should be considered among the options for a possible materiel solution in response to any near-term joint urgent operational need, joint emergent operational need, or combatant command integrated priority for a non-kinetic counter-electronic system.
TITLE III—

OPERATION AND MAINTENANCE
Subtitle A—
Authorization of Appropriations
Sec. 301.
Operation and maintenance funding.
Subtitle B—
Energy and Environment
Sec. 311.
Deadline for submission of reports on proposed budgets for activities relating to operational energy strategy.
Sec. 312.
Facilitation of interagency cooperation in conservation programs of the Departments of Defense, Agriculture, and Interior to avoid or reduce adverse impacts on military readiness activities.
Sec. 313.
Reauthorization of Sikes Act.
Sec. 314.
Clarification of prohibition on disposing of waste in open-air burn pits.
Sec. 315.
Limitation on availability of funds for procurement of drop-in fuels.
Subtitle C—
Logistics and Sustainment
Sec. 321.
Strategic policy for prepositioned materiel and equipment.
Sec. 322.
Department of Defense manufacturing arsenal study and report.
Sec. 323.
Consideration of Army arsenals’ capabilities to fulfill manufacturing requirements.
Sec. 324.
Strategic policy for the retrograde, reconstitution, and replacement of operating forces used to support overseas contingency operations.
Sec. 325.
Littoral Combat Ship Strategic Sustainment Plan.
Sec. 326.
Strategy for improving asset tracking and in-transit visibility.
Subtitle D—
Reports
Sec. 331.
Additional reporting requirements relating to personnel and unit readiness.
Sec. 332.
Modification of authorities on prioritization of funds for equipment readiness and strategic capability.
Sec. 333.
Revision to requirement for annual submission of information regarding information technology capital assets.
Sec. 334.
Modification of annual corrosion control and prevention reporting requirements.
Subtitle E—
Limitations and Extensions of Authority
Sec. 341.
Certification for realignment of forces at Lajes Air Force Base, Azores.
Sec. 342.
Limitation on performance of Department of Defense flight demonstration teams outside the United States.
Sec. 343.
Limitation on funding for United States Special Operations Command National Capital Region.
Sec. 344.
Limitation on availability of funds for Trans Regional Web Initiative.
Subtitle F—
Other Matters
Sec. 351.
Gifts made for the benefit of military musical units.
Sec. 352.
Revised policy on ground combat and camouflage utility uniforms.
Subtitle A—

Authorization of Appropriations
SEC. 301.

OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.
Subtitle B—

Energy and Environment
SEC. 311.

DEADLINE FOR SUBMISSION OF REPORTS ON PROPOSED BUDGETS FOR ACTIVITIES RELATING TO OPERATIONAL ENERGY STRATEGY.
Section 138c(e) of title 10, United States Code, is amended—
(1)
in paragraph (4), by striking “Not later than 30 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year” and inserting “The Secretary of Defense shall submit to Congress a report on the proposed budgets for a fiscal year”; and
(2)
by adding at the end the following new paragraph:
“(6)
The report required by paragraph (4) for a fiscal year shall be submitted by the later of the following dates:
“(A)
The date that is 30 days after the date on which the budget for that fiscal year is submitted to Congress pursuant to section 1105 of title 31.
“(B)
March 31 of the previous fiscal year.”
.
SEC. 312.

FACILITATION OF INTERAGENCY COOPERATION IN CONSERVATION PROGRAMS OF THE DEPARTMENTS OF DEFENSE, AGRICULTURE, AND INTERIOR TO AVOID OR REDUCE ADVERSE IMPACTS ON MILITARY READINESS ACTIVITIES.
(a)

Use of Funds Under Certain Agreements.—
Section 2684a of title 10, United States Code, is amended—
(1)
by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
(2)
by inserting after subsection (g) the following new subsection (h):
“(h)

Interagency Cooperation in Conservation Programs To Avoid or Reduce Adverse Impacts on Military Readiness Activities.
In order to facilitate interagency cooperation and enhance the effectiveness of actions that will protect both the environment and military readiness, the recipient of funds provided pursuant an agreement under this section or under the Sikes Act (16 U.S.C. et seq.) may, with regard to the lands and waters within the scope of the agreement, use such funds to satisfy any matching funds or cost-sharing requirement of any conservation program of the Department of Agriculture or the Department of the Interior notwithstanding any limitation of such program on the source of matching or cost-sharing funds.”
.
[Subsection (b) was repealed by section 317(f) of Public Law 115–91.]
SEC. 313.

REAUTHORIZATION OF SIKES ACT.
Section 108 of the Sikes Act (16 U.S.C. 670f) is amended by striking “fiscal years 2009 through 2014” each place it appears and inserting “fiscal years 2014 through 2019”.
SEC. 314.

CLARIFICATION OF PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN PITS.
Section 317(d)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2249; 10 U.S.C. 2701 note) is amended—
(1)
in subparagraph (B), by striking “and”;
(2)
by redesignating subparagraph (C) as subparagraph (Q); and
(3)
by inserting after subparagraph (B) the following new subparagraphs:
“(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”
.
SEC. 315.

LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF DROP-IN FUELS.
(a)

Limitation.—
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended to make a bulk purchase of a drop-in fuel for operational purposes unless the cost of that drop-in fuel is cost-competitive with the cost of a traditional fuel available for the same purpose.
(b)

Waiver.—
(1)

In general.—
Subject to the requirements of paragraph (2), the Secretary of Defense may waive the limitation under subparagraph (a) with respect to a purchase.
(2)

Notice required.—
Not later than 30 days after issuing a waiver under this subsection, the Secretary shall submit to the congressional defense committees notice of the waiver. Any such notice shall include each of the following:
(A)
The rationale of the Secretary for issuing the waiver
(B)
A certification that the waiver is in the national security interest of the United States.
(C)
The expected cost of the purchase for which the waiver is issued.
(c)

Definitions.—
For the purposes of this section—
(1)
The term “drop-in fuel” means a neat or blended liquid hydrocarbon fuel designed as a direct replacement for a traditional fuel with comparable performance characteristics and compatible with existing infrastructure and equipment
(2)
The term “traditional fuel” means a liquid hydrocarbon fuel derived or refined from petroleum.
(3)
The term “operational purposes” means for the purposes of conducting military operations, including training, exercises, large scale demonstrations, and moving and sustaining military forces and military platforms. Such term does not include research, development, testing, evaluation, fuel certification, or other demonstrations.
Subtitle C—

Logistics and Sustainment
SEC. 321.

STRATEGIC POLICY FOR PREPOSITIONED MATERIEL AND EQUIPMENT.
(a)

Modifications to Strategic Policy.—
Section 2229(a) of title 10, United States Code, is amended to read as follows:
“(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.”
.
(b)
[10 U.S.C. 2229 note]

Implementation Plan.—
(1)

In general.—
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for implementation of the prepositioning strategic policy required under section 2229(a) of title 10, United States Code, as amended by subsection (a).
(2)

Elements.—
The implementation plan required under paragraph (1) shall include the following elements:
(A)
Detailed guidance for how the Department of Defense will achieve the vision, end state, and goals outlined in the strategic policy.
(B)
A comprehensive list of the Department’s prepositioned materiel and equipment programs.
(C)
A detailed description of how the plan will be implemented.
(D)
A schedule with milestones for the implementation of the plan.
(E)
An assignment of roles and responsibilities for the implementation of the plan.
(F)
A description of the resources required to implement the plan.
(G)
A description of how the plan will be reviewed and assessed to monitor progress.
(c)

Comptroller General Report.—
(1)

Initial report.—
Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall review the implementation plan submitted under subsection (b) and the prepositioning strategic policy required under section 2229(a) of title 10, United States Code, as amended by subsection (a), and submit to the congressional defense committees a report describing the findings of such review and including any additional information relating to the propositioning strategic policy and plan that the Comptroller General determines appropriate.
(2)

Progress reports.—
Not later than one year after submitting the report required under paragraph (1), and annually thereafter for two years, the Comptroller General shall submit to the congressional defense committees a report assessing the progress of the Department of Defense in implementing its strategic policy and plan for its prepositioned stocks and including any additional information related to the Department's management of its prepositioned stocks that the Comptroller General determines appropriate.
SEC. 322.

DEPARTMENT OF DEFENSE MANUFACTURING ARSENAL STUDY AND REPORT.
(a)

Review.—
(1)

Manufacturing requirements.—
The Secretary of Defense, in consultation with the military services and Defense Agencies, shall review—
(A)
current and expected manufacturing requirements across the military services and Defense Agencies to identify critical manufacturing competencies and supplies, components, end items, parts, assemblies, and sub-assemblies for which there is no or limited domestic commercial source and which are appropriate for manufacturing within an arsenal owned by the United States in order to support critical manufacturing capabilities;
(B)
how the Department of Defense can more effectively use and manage public-private partnerships to preserve critical industrial capabilities at such arsenals for future national security requirements while providing to the Department of the Army a return on its investment;
(C)
the effectiveness of the strategy of the Department of Defense to assign workload to each of the arsenals and the potential for alternative strategies that could better identify workload for each arsenal;
(D)
the impact of the rate structure driven by the Department of the Army working-capital funds on public-private partnerships at each such arsenal;
(E)
the extent to which operations at each such arsenal can be streamlined, improved, or enhanced; and
(F)
the effectiveness of the implementation by the Department of the Army of cooperative agreements authorized at manufacturing arsenals under section 4544 of title 10, United States Code.
(2)

Mechanisms for determining manufacturing capabilities.—
The Secretary shall review mechanisms within the Department of Defense for ensuring that appropriate consideration is given to the unique manufacturing capabilities of arsenals owned by the United States to fulfill manufacturing requirements of the Department of Defense for which there is no or limited domestic commercial capability.
(b)

Report Required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the results of the reviews conducted under subsection (a) and a description of actions planned to support critical manufacturing capabilities within arsenals owned by the United States.
(c)

Comptroller General Report.—
Not later than one year after the date on which the report required under subsection (b) is submitted, the Comptroller General shall submit to the congressional defense committees a report containing an assessment of the report together with the recommendations of the Comptroller General to improve the strategy of the Department of Defense to assign workload.
SEC. 323.
[10 U.S.C. 4551 note]

CONSIDERATION OF ARMY ARSENALS’ CAPABILITIES TO FULFILL MANUFACTURING REQUIREMENTS.
(a)

Consideration of Capability of Arsenals.—
When undertaking a make-or-buy analysis, a program executive officer or program manager of a military service or Defense Agency shall consider the capability of arsenals owned by the United States to fulfill a manufacturing requirement.
(b)

Notification of Solicitations.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish and begin implementation of a system for ensuring that the arsenals owned by the United States are notified of any solicitation that fulfills a manufacturing requirement for which there is no or limited domestic commercial source and which may be appropriate for manufacturing within an arsenal owned by the United States.
SEC. 324.
[10 U.S.C. 129a note]

STRATEGIC POLICY FOR THE RETROGRADE, RECONSTITUTION, AND REPLACEMENT OF OPERATING FORCES USED TO SUPPORT OVERSEAS CONTINGENCY OPERATIONS.
(a)

Establishment of Policy.—
(1)

In general.—
The Secretary of Defense shall establish a policy setting forth the programs and priorities of the Department of Defense for the retrograde, reconstitution, and replacement of units and materiel used to support overseas contingency operations. The policy shall take into account national security threats, the requirements of the combatant commands, the current readiness of the operating forces of the military departments, and risk associated with strategic depth and the time necessary to reestablish required personnel, equipment, and training readiness in such operating forces.
(2)

Elements.—
The policy required under paragraph (1) shall include the following elements:
(A)
Establishment and assignment of responsibilities and authorities within the Department for oversight and execution of the planning, organization, and management of the programs to reestablish the readiness of redeployed operating forces.
(B)
Guidance concerning priorities, goals, objectives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant command requirements.
(C)
Oversight reporting requirements and metrics for the evaluation of Department of Defense and military department progress on restoring the readiness of redeployed operating forces in accordance with the policy required under paragraph (1).
(D)
A framework for joint departmental reviews of military services’ annual budgets proposed for retrograde, reconstitution, or replacement activities, including an assessment of the strategic and operational risk assumed by the proposed levels of investment across the Department of Defense.
(b)

Implementation Plan.—
(1)

In general.—
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for implementation of the policy required under this section.
(2)

Elements.—
The implementation plan required under paragraph (1) shall include the following elements:
(A)
The assignment of responsibilities and authorities for oversight and execution of the planning, organization, and management of the programs to reestablish the readiness of redeployed operating forces.
(B)
Establishment of priorities, goals, objectives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant command requirements.
(C)
A description of how the plan will be implemented, including a schedule with milestones to meet the goals of the plan.
(D)
An estimate of the resources by military service and by year required to implement the plan, including an assessment of the risks assumed in the plan.
(3)

Updates.—
Not later than one year after submitting the plan required under paragraph (1), and annually thereafter for two years, the Secretary of Defense shall submit to the congressional defense committees an update on progress toward meeting the goals of the plan.
(c)

Comptroller General Report.—
Not later than 120 days after the date of the enactment of this Act, and annually after the submittal of each update to the implementation plan under subsection (b), the Comptroller General of the United States shall review the implementation plan submitted under subsection (b) and the policy required by subsection (a), and submit to the congressional defense committees a report describing the findings of such review and progress made toward meeting the goals of the plan and including any additional information relating to the policy and plan that the Comptroller General determines appropriate.
SEC. 325.

LITTORAL COMBAT SHIP STRATEGIC SUSTAINMENT PLAN.
(a)

In General.—
Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees and to the Comptroller General of the United States a strategic sustainment plan for the Littoral Combat Ship. Such plan shall include each of the following:
(1)
An estimate of the cost and schedule of implementing the plan.
(2)
An identification of the requirements and planning for the long-term sustainment of the Littoral Combat Ship and its mission modules in accordance with section 2366b of title 10, United States Code, as amended by section 801 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1482).
(3)
A description of the current and future operating environments of the Littoral Combat Ship, as specified or referred to in strategic guidance and planning documents of the Department of Defense.
(4)
The facility, supply, and logistics systems requirements, including contractor support, of the Littoral Combat Ship when forward deployed, and an estimate of the cost and personnel required to conduct the necessary maintenance activities.
(5)
Any required updates to host-nation agreements to facilitate the forward-deployed maintenance requirements of the Littoral Combat Ship, including a discussion of overseas management of Ship ordnance and hazardous materials and delivery of equipment and spare parts needed for emergent repair.
(6)
An evaluation of the forward-deployed maintenance requirements of the Littoral Combat Ship and a schedule of pier-side maintenance timelines when forward-deployed, including requirements for multiple ships and variants.
(7)
An assessment of the total quantity of equipment, spare parts, permanently forward-stationed personnel, and size of fly away teams required to support forward-deployed maintenance requirements for the U.S.S. Freedom while in Singapore, and estimates for follow-on deployments of Littoral Combat Ships of both variants.
(8)
A detailed description of the continuity of operations plans for the Littoral Combat Ship Squadron and of any plans to increase the number of Squadron personnel.
(9)
An identification of mission critical single point of failure equipment for which a sufficient number spare parts are necessary to have on hand, and determination of Littoral Combat Ship forward deployed equipment and spare parts locations and levels.
(b)

Form.—
The plan required under subsection (a) shall be submitted in unclassified form but may have a classified annex.
SEC. 326.

STRATEGY FOR IMPROVING ASSET TRACKING AND IN-TRANSIT VISIBILITY.
(a)

Strategy and Implementation Plans.—
(1)

In general.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy for improving asset tracking and in-transit visibility across the Department of Defense, together with the plans of the military departments for implementing the strategy.
(2)

Elements.—
The strategy and implementation plans required under paragraph (1) shall include the following elements:
(A)
The overarching goals and objectives desired from implementation of the strategy.
(B)
A description of steps to achieve those goals and objectives, as well as milestones and performance measures to gauge results.
(C)
An estimate of the costs associated with executing the plan, and the sources and types of resources and investments, including skills, technology, human capital, information, and other resources, required to meet the goals and objectives.
(D)
A description of roles and responsibilities for managing and overseeing the implementation of the strategy, including the role of program managers, and the establishment of mechanisms for multiple stakeholders to coordinate their efforts throughout implementation and make necessary adjustments to the strategy based on performance.
(E)
A description of key factors external to the Department of Defense and beyond its control that could significantly affect the achievement of the long-term goals contained in the strategy.
(F)
A detailed description of asset marking requirements and how automated information and data capture technologies could improve readiness, cost effectiveness, and performance.
(G)
A defined list of all categories of items that program managers are required to identify for the purposes of asset marking.
(H)
A description of steps to improve asset tracking and in-transit visibility for classified programs.
(I)
Steps to be undertaken to facilitate collaboration with industry designed to capture best practices, lessons learned, and any relevant technical matters.
(J)
A description of how improved asset tracking and in-transit visibility could enhance audit readiness, reduce counterfeit risk, enhance logistical processes, and otherwise benefit the Department of Defense.
(K)
An operational security assessment designed to ensure that all Department of Defense assets are appropriately protected during the execution of the strategy and implementation plan.
(b)

Comptroller General Report.—
Not later than one year after the strategy is submitted under subsection (a), the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the strategy and accompanying implementation plans—
(1)
include the elements set forth under subsection (a)(2);
(2)
align to achieve the overarching asset tracking and in-transit visibility goals and objectives of the Department of Defense;
(3)
incorporate, as appropriate, industry best practices related to automated information and data capture technologies for asset tracking and in-transit visibility;
(4)
effectively execute the policies prescribed in Department of Defense Instruction 8320.04; and
(5)
have been implemented.
Subtitle D—

Reports
SEC. 331.

ADDITIONAL REPORTING REQUIREMENTS RELATING TO PERSONNEL AND UNIT READINESS.
(a)

Assessment of Assigned Missions and Contractor Support.—
Section 482 of title 10, United States Code, is amended—
(1)
in subsection (a)—
(A)
by striking “The report for a quarter” and inserting “Each report”; and
(B)
by striking “(e), and (f)” and inserting “(f), (g), (h), (i), (j), and (k), and the reports for the second and fourth quarters of a calendar year shall also contain the information required by subsection (e)”;
(2)
in subsection (d)—
(A)
in paragraph (1)—
(i)
in subparagraph (A), by striking “, including the extent” and all that follows through the period at the end and inserting the following: “, including an assessment of the manning of units (authorized versus assigned numbers of personnel) for units not scheduled for deployment and the timing of the arrival of personnel into units preparing for deployments.”; and
(ii)
in subparagraph (B), by inserting “unit” before “personnel strength”;
(B)
by amending paragraph (2) to read as follows:
“(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.”
;
(C)
by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); and
(D)
in paragraph (3), as redesignated by subparagraph (C), by striking “Training commitments” and inserting “Mission rehearsals”;
(3)
by redesignating subsections (e), (f), and (g), as subsections (f), (g), and (l), respectively;
(4)
by inserting after subsection (d)(3), as redesignated by paragraph (1)(C), the following new subsection:
“(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:”
;
(5)
in subsection (e), as designated by paragraph (4)—
(A)
by redesignating paragraphs (5), (6), and (7) as paragraphs (1), (2), and (3), respectively;
(B)
in paragraph (1), as redesignated by subparagraph (A), by striking subparagraph (E); and
(C)
in paragraph (2), as so redesignated—
(i)
in subparagraph (A), by striking “Maintenance” and inserting “Depot maintenance”; and
(ii)
by inserting after subparagraph (A) the following new subparagraph:
“(B)
Equipment not available due to a lack of supplies or parts.”
; and
(6)
by inserting after subsection (g), as redesignated by paragraph (3), the following new subsections:
“(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.”
.
SEC. 332.
[10 U.S.C. 229 note]

MODIFICATION OF AUTHORITIES ON PRIORITIZATION OF FUNDS FOR EQUIPMENT READINESS AND STRATEGIC CAPABILITY.
(a)

Inclusion of Marine Corps in Requirements.—
Section 323 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (10 U.S.C. 229 note) is amended—
(1)
in subsection (a), by striking paragraph (2) and inserting the following new paragraph (2):
“(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
(2)
in subsection (b)(2), by striking subparagraph (B) and inserting the following new subparagraph (B):
“(B)
the Army and the Marine Corps for the reconstitution of equipment and materiel in prepositioned stocks.”
.
(b)

Repeal of Requirement for Annual Army Report and GAO Review.—
Such section is further amended by striking subsections (c) through (f) and inserting the following new subsection (c):
“(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.”
.
SEC. 333.

REVISION TO REQUIREMENT FOR ANNUAL SUBMISSION OF INFORMATION REGARDING INFORMATION TECHNOLOGY CAPITAL ASSETS.
Section 351(a)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 221 note) is amended by striking “in excess of $30,000,000” and all that follows and inserting “(as computed in fiscal year 2000 constant dollars) in excess of $32,000,000 or an estimated total cost for the future-years defense program for which the budget is submitted (as computed in fiscal year 2000 constant dollars) in excess of $378,000,000, for all expenditures, for all increments, regardless of the appropriation and fund source, directly related to the assets definition, design, development, deployment, sustainment, and disposal.”.
SEC. 334.

MODIFICATION OF ANNUAL CORROSION CONTROL AND PREVENTION REPORTING REQUIREMENTS.
Section 903(b)(5) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 2228 note) is amended—
(1)
by inserting “(A)” after “(5)”; and
(2)
by adding at the end the following new subparagraph:
“(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).”
.
Subtitle E—

Limitations and Extensions of Authority
SEC. 341.

CERTIFICATION FOR REALIGNMENT OF FORCES AT LAJES AIR FORCE BASE, AZORES.
The Secretary of Defense shall certify to the congressional defense committees, prior to taking any action to realign forces at Lajes Air Force Base, Azores, that the action is supported by a European Infrastructure Consolidation Assessment initiated by the Secretary of Defense on January 25, 2013. The certification shall include a specific assessment of the efficacy of Lajes Air Force Base, Azores, in support of the United States overseas force posture.
SEC. 342.

LIMITATION ON PERFORMANCE OF DEPARTMENT OF DEFENSE FLIGHT DEMONSTRATION TEAMS OUTSIDE THE UNITED STATES.
If, during fiscal year 2014 or 2015, any performance by a flight demonstration team under the jurisdiction of the Secretary of Defense that is scheduled for a location within the United States is cancelled by reason of budget reductions made pursuant to an order for sequestration issued by the President under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, then no such flight demonstration team may perform at any location outside the United States during such fiscal year.
SEC. 343.

LIMITATION ON FUNDING FOR UNITED STATES SPECIAL OPERATIONS COMMAND NATIONAL CAPITAL REGION.
(a)

Limitation.—
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended for the United States Special Operations Command National Capital Region (USSOCOM-NCR) until 30 days after the Secretary of Defense submits to the congressional defense committees a report on the USSOCOM-NCR.
(b)

Report Elements.—
The report required under subsection (a) shall include the following elements:
(1)
A description of the purpose of the USSOCOM-NCR.
(2)
A description of the activities to be performed by the USSOCOM-NCR.
(3)
An explanation of the impact of the USSOCOM-NCR on existing activities at United States Special Operations Command headquarters.
(4)
A detailed, by fiscal year, breakout of the staffing and other costs associated with the USSOCOM-NCR over the future-years defense program.
(5)
A description of the relationship between the USSOCOM-NCR and the Office of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict.
(6)
A description of the role of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict in providing oversight of USSOCOM-NCR activities.
(7)
Any other matters the Secretary determines appropriate.
SEC. 344.

LIMITATION ON AVAILABILITY OF FUNDS FOR TRANS REGIONAL WEB INITIATIVE.
(a)

Limitation.—
Except as provided in subsection (b), none of the funds authorized to be appropriated for fiscal year 2014 for the Department of Defense may be obligated or expended for the Trans Regional Web Initiative.
(b)

Exception.—
Notwithstanding subsection (a), of the amounts authorized to be appropriated by section 301 for operation and maintenance, Defense-wide, not more than $2,000,000 may be obligated or expended for—
(1)
the termination of the Trans Regional Web Initiative as managed by Special Operations Command; or
(2)
transitioning appropriate capabilities of such Initiative to other agencies.
Subtitle F—

Other Matters
SEC. 351.

GIFTS MADE FOR THE BENEFIT OF MILITARY MUSICAL UNITS.
Section 974 of title 10, United States Code, is amended—
(1)
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(2)
by inserting after subsection (c) the following:
“(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.”
.
SEC. 352.

REVISED POLICY ON GROUND COMBAT AND CAMOUFLAGE UTILITY UNIFORMS.
(a)

Establishment of Policy.—
It is the policy of the United States that the Secretary of Defense shall eliminate the development and fielding of Armed Force-specific combat and camouflage utility uniforms and families of uniforms in order to adopt and field a common combat and camouflage utility uniform or family of uniforms for specific combat environments to be used by all members of the Armed Forces.
(b)

Prohibition.—
Except as provided in subsection (c), after the date of the enactment of this Act, the Secretary of a military department may not adopt any new camouflage pattern design or uniform fabric for any combat or camouflage utility uniform or family of uniforms for use by an Armed Force, unless—
(1)
the new design or fabric is a combat or camouflage utility uniform or family of uniforms that will be adopted by all Armed Forces;
(2)
the Secretary adopts a uniform already in use by another Armed Force; or
(3)
the Secretary of Defense grants an exception based on unique circumstances or operational requirements.
(c)

Exceptions.—
Nothing in subsection (b) shall be construed as—
(1)
prohibiting the development of combat and camouflage utility uniforms and families of uniforms for use by personnel assigned to or operating in support of the unified combatant command for special operations forces described in section 167 of title 10, United States Code;
(2)
prohibiting engineering modifications to existing uniforms that improve the performance of combat and camouflage utility uniforms, including power harnessing or generating textiles, fire resistant fabrics, and anti-vector, anti-microbial, and anti-bacterial treatments;
(3)
prohibiting the Secretary of a military department from fielding ancillary uniform items, including headwear, footwear, body armor, and any other such items as determined by the Secretary;
(4)
prohibiting the Secretary of a military department from issuing vehicle crew uniforms;
(5)
prohibiting cosmetic service-specific uniform modifications to include insignia, pocket orientation, closure devices, inserts, and undergarments; or
(6)
prohibiting the continued fielding or use of pre-existing service-specific or operation-specific combat uniforms as long as the uniforms continue to meet operational requirements.
(d)

Registration Required.—
The Secretary of a military department shall formally register with the Joint Clothing and Textiles Governance Board all uniforms in use by an Armed Force under the jurisdiction of the Secretary and all such uniforms planned for use by such an Armed Force.
(e)

Limitation on Restriction.—
The Secretary of a military department may not prevent the Secretary of another military department from authorizing the use of any combat or camouflage utility uniform or family of uniforms.
(f)

Guidance Required.—
(1)

In general.—
Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to implement this section.
(2)

Content.—
At a minimum, the guidance required by paragraph (1) shall require the Secretary of each of the military departments—
(A)
in cooperation with the commanders of the combatant commands, including the unified combatant command for special operations forces, to establish, by not later than 180 days after the date of the enactment of this Act, joint criteria for combat and camouflage utility uniforms and families of uniforms, which shall be included in all new requirements documents for such uniforms;
(B)
to continually work together to assess and develop new technologies that could be incorporated into future combat and camouflage utility uniforms and families of uniforms to improve war fighter survivability;
(C)
to ensure that new combat and camouflage utility uniforms and families of uniforms meet the geographic and operational requirements of the commanders of the combatant commands; and
(D)
to ensure that all new combat and camouflage utility uniforms and families of uniforms achieve interoperability with all components of individual war fighter systems, including body armor, organizational clothing and individual equipment, and other individual protective systems.
(g)

Repeal of Policy.—
Section 352 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84, 123 Stat. 2262; 10 U.S.C. 771 note) is repealed.
TITLE IV—

MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—
Active Forces
Sec. 401.
End strengths for active forces.
Sec. 402.
Revisions in permanent active duty end strength minimum levels and in annual limitation on certain end strength reductions.
Subtitle B—
Reserve Forces
Sec. 411.
End strengths for Selected Reserve.
Sec. 412.
End strengths for Reserves on active duty in support of the reserves.
Sec. 413.
End strengths for military technicians (dual status).
Sec. 414.
Fiscal year 2014 limitation on number of non-dual status technicians.
Sec. 415.
Maximum number of reserve personnel authorized to be on active duty for operational support.
Subtitle C—
Authorization of Appropriations
Sec. 421.
Military personnel.
Subtitle A—

Active Forces
SEC. 401.

END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2014, as follows:
(1)
The Army, 520,000.
(2)
The Navy, 323,600.
(3)
The Marine Corps, 190,200.
(4)
The Air Force, 327,600.
SEC. 402.

REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS AND IN ANNUAL LIMITATION ON CERTAIN END STRENGTH REDUCTIONS.
(a)

Permanent Active Duty End Strength Minimum Levels.—
Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:
“(1)
For the Army, 510,000.
“(2)
For the Navy, 323,600.
“(3)
For the Marine Corps, 188,000.
“(4)
For the Air Force, 327,600.”
.
(b)

Annual Maximum Authorized Reduction in End Strengths.—
(1)

Army end strengths.—
Subsection (a) of section 403 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1708) is amended by striking “15,000 members” and inserting “25,000 members”.
(2)

Marine corps end strengths.—
Subsection (b) of such section is amended by striking “5,000 members” and inserting “7,500 members”.
Subtitle B—

Reserve Forces
SEC. 411.

END STRENGTHS FOR SELECTED RESERVE.
(a)

In General.—
The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2014, as follows:
(1)
The Army National Guard of the United States, 354,200.
(2)
The Army Reserve, 205,000.
(3)
The Navy Reserve, 59,100.
(4)
The Marine Corps Reserve, 39,600.
(5)
The Air National Guard of the United States, 105,400.
(6)
The Air Force Reserve, 70,400.
(7)
The Coast Guard Reserve, 9,000.
(b)

End Strength Reductions.—
The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
(1)
the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
(2)
the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
(c)

End Strength Increases.—
Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
SEC. 412.

END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2014, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1)
The Army National Guard of the United States, 32,060.
(2)
The Army Reserve, 16,261.
(3)
The Navy Reserve, 10,159.
(4)
The Marine Corps Reserve, 2,261.
(5)
The Air National Guard of the United States, 14,734.
(6)
The Air Force Reserve, 2,911.
SEC. 413.

END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the last day of fiscal year 2014 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1)
For the Army National Guard of the United States, 27,210.
(2)
For the Army Reserve, 8,395.
(3)
For the Air National Guard of the United States, 21,875.
(4)
For the Air Force Reserve, 10,429.
SEC. 414.

FISCAL YEAR 2014 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.
(a)

Limitations.—
(1)

National guard.—
Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2014, may not exceed the following:
(A)
For the Army National Guard of the United States, 1,600.
(B)
For the Air National Guard of the United States, 350.
(2)

Army reserve.—
The number of non-dual status technicians employed by the Army Reserve as of September 30, 2014, may not exceed 595.
(3)

Air force reserve.—
The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2014, may not exceed 90.
(b)

Non-dual Status Technicians Defined.—
In this section, the term “non-dual status technician” has the meaning given that term in section 10217(a) of title 10, United States Code.
SEC. 415.

MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2014, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
(1)
The Army National Guard of the United States, 17,000.
(2)
The Army Reserve, 13,000.
(3)
The Navy Reserve, 6,200.
(4)
The Marine Corps Reserve, 3,000.
(5)
The Air National Guard of the United States, 16,000.
(6)
The Air Force Reserve, 14,000.
Subtitle C—

Authorization of Appropriations
SEC. 421.

MILITARY PERSONNEL.
(a)

Authorization of Appropriations.—
Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
(b)

Construction of Authorization.—
The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2014.
TITLE V—

MILITARY PERSONNEL POLICY
Subtitle A—
Officer Personnel Policy Generally
Sec. 501.
Congressional notification requirements related to increases in number of general and flag officers on active duty or in joint duty assignments.
Sec. 502.
Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer.
Sec. 503.
Selective early retirement authority for regular officers and selective early removal of officers from reserve active-status list.
Subtitle B—
Reserve Component Management
Sec. 511.
Suicide prevention efforts for members of the reserve components.
Sec. 512.
Removal of restrictions on the transfer of officers between the active and inactive National Guard.
Sec. 513.
Limitations on cancellations of deployment of certain reserve component units and involuntary mobilizations of certain Reserves.
Sec. 514.
Review of requirements and authorizations for reserve component general and flag officers in an active status.
Sec. 515.
Feasibility of establishing a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.
Subtitle C—
General Service Authorities
Sec. 521.
Provision of information under Transition Assistance Program about disability-related employment and education protections.
Sec. 522.
Medical examination requirements regarding post-traumatic stress disorder or traumatic brain injury before administrative separation.
Sec. 523.
Establishment and use of consistent definition of gender-neutral occupational standard for military career designators.
Sec. 524.
Sense of Congress regarding the Women in Service Implementation Plan.
Sec. 525.
Provision of military service records to the Secretary of Veterans Affairs in an electronic format.
Sec. 526.
Review of Integrated Disability Evaluation System.
Subtitle D—
Military Justice Matters, Other Than Sexual Assault Prevention and Response and Related Reforms
Sec. 531.
Modification of eligibility for appointment as Judge on the United States Court of Appeals for the Armed Forces.
Sec. 532.
Enhancement of protection of rights of conscience of members of the Armed Forces and chaplains of such members.
Sec. 533.
Inspector General investigation of Armed Forces compliance with regulations for the protection of rights of conscience of members of the Armed Forces and their chaplains.
Sec. 534.
Survey of military chaplains views on Department of Defense policy regarding chaplain prayers outside of religious services.
Subtitle E—
Member Education and Training
Sec. 541.
Additional requirements for approval of educational programs for purposes of certain educational assistance under laws administered by the Secretary of Defense.
Sec. 542.
Enhancement of mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses.
Sec. 543.
Report on the Troops to Teachers program.
Sec. 544.
Secretary of Defense report on feasibility of requiring automatic operation of current prohibition on accrual of interest on direct student loans of certain members of the Armed Forces.
Subtitle F—
Defense Dependents’ Education and Military Family Readiness Matters
Sec. 551.
Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
Sec. 552.
Impact aid for children with severe disabilities.
Sec. 553.
Treatment of tuition payments received for virtual elementary and secondary education component of Department of Defense education program.
Sec. 554.
Family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.
Sec. 555.
Sense of Congress on parental rights of members of the Armed Forces in child custody determinations.
Subtitle G—
Decorations and Awards
Sec. 561.
Repeal of limitation on number of medals of honor that may be awarded to the same member of the Armed Forces.
Sec. 562.
Standardization of time-limits for recommending and awarding Medal of Honor, Distinguished-Service Cross, Navy Cross, Air Force Cross, and Distinguished-Service Medal.
Sec. 563.
Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll requirements.
Sec. 564.
Prompt replacement of military decorations.
Sec. 565.
Review of eligibility for, and award of, Purple Heart to victims of the attacks at recruiting station in Little Rock, Arkansas, and at Fort Hood, Texas.
Sec. 566.
Authorization for award of the Medal of Honor to former members of the Armed Forces previously recommended for award of the Medal of Honor.
Sec. 567.
Authorization for award of the Medal of Honor for acts of valor during the Vietnam War.
Sec. 568.
Authorization for award of the Distinguished-Service Cross for acts of valor during the Korean and Vietnam Wars.
Sec. 569.
Authorization for award of the Medal of Honor to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War.
Subtitle H—
Other Studies, Reviews, Policies, and Reports
Sec. 571.
Report on feasibility of expanding performance evaluation reports to include 360-degree assessment approach.
Sec. 572.
Report on Department of Defense personnel policies regarding members of the Armed Forces with HIV or Hepatitis B.
Sec. 573.
Policy on military recruitment and enlistment of graduates of secondary schools.
Sec. 574.
Comptroller General report on use of determination of personality disorder or adjustment disorder as basis to separate members from the Armed Forces.
Subtitle I—
Other Matters
Sec. 581.
Accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing and related reports.
Sec. 582.
Expansion of privileged information authorities to debriefing reports of certain recovered persons who were never placed in a missing status.
Sec. 583.
Revision of specified senior military colleges to reflect consolidation of North Georgia College and State University and Gainesville State College.
Sec. 584.
Review of security of military installations, including barracks, temporary lodging facilities, and multi-family residences.
Sec. 585.
Authority to enter into concessions contracts at Army National Military Cemeteries.
Sec. 586.
Military salute during recitation of pledge of allegiance by members of the Armed Forces not in uniform and by veterans.
Sec. 587.
Improved climate assessments and dissemination of results.
Subtitle A—

Officer Personnel Policy Generally
SEC. 501.

CONGRESSIONAL NOTIFICATION REQUIREMENTS RELATED TO INCREASES IN NUMBER OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY OR IN JOINT DUTY ASSIGNMENTS.
(a)

Congressional Notification Required; Baselines.—
Section 526 of title 10, United States Code, is amended—
(1)
by redesignating subsections (d) through (h) as subsections (c) through (g), respectively; and
(2)
by adding at the end the following new subsections:
“(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.”
.
(b)

Reporting Requirements.—
(1)

Initial report.—
Not later than February 1, 2014, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report specifying—
(A)
the numbers of general officers and flag officers who, as of January 1, 2014, counted toward the service-specific limits of subsection (a) of section 526 of title 10, United States Code; and
(B)
the number of general officers and flag officers in joint duty assignments who, as of January 1, 2014, counted toward the statutory limit under subsection (b)(1) of such section.
(2)

Annual reports.—
Section 526 of title 10, United States Code, is further amended by inserting after subsection (i), as added by subsection (a)(2) of this section, the following new subsection:
“(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).”
.
(c)
[10 U.S.C. 526 note]

Effective Date.—
The amendments made by this is section shall take effect on January 1, 2014.
SEC. 502.

SERVICE CREDIT FOR CYBERSPACE EXPERIENCE OR ADVANCED EDUCATION UPON ORIGINAL APPOINTMENT AS A COMMISSIONED OFFICER.
Section 533 of title 10, United States Code, is amended—
(1)
in subsections (a)(2) and (c), by inserting “or (g)” after “subsection (b)”; and
(2)
by adding at the end the following new subsection:
“(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.”
.
SEC. 503.

SELECTIVE EARLY RETIREMENT AUTHORITY FOR REGULAR OFFICERS AND SELECTIVE EARLY REMOVAL OF OFFICERS FROM RESERVE ACTIVE-STATUS LIST.
(a)

Regular Officers on the Active-duty List Considered for Selective Early Retirement.—
(1)

Lieutenant colonels and commanders.—
Subparagraph (A) of section 638a(b)(2) of title 10, United States Code, is amended by striking “would be subject to” and all that follows through “two or more times)” and inserting “have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion”.
(2)

Colonels and navy captains.—
Subparagraph (B) of such section is amended by striking “would be subject to” and all that follows through “not less than two years)” and inserting “have served on active duty in that grade for at least two years and whose names are not on a list of officers recommended for promotion”.
(b)

Officers Considered for Selective Early Removal From Reserve Active-status List.—
Section 14704 of title 10, United States Code, is amended—
(1)
in subsection (a)—
(A)
by inserting “(1)” before “Whenever”;
(B)
by striking “all officers on that list” and inserting “officers on the reserve active-status list”;
(C)
by striking “the reserve active-status list, in the number specified by the Secretary by each grade and competitive category.” and inserting “that list.”; and
(D)
by adding at the end the following new paragraphs:
“(2)
Except as provided in paragraph (3), the list of officers in a reserve component whose names are submitted to a board under paragraph (1) shall include each officer on the reserve active-status list for that reserve component in the same grade and competitive category whose position on the reserve active-status list is between—
“(A)
that of the most junior officer in that grade and competitive category whose name is submitted to the board; and
“(B)
that of the most senior officer in that grade and competitive category whose name is submitted to the board.
“(3)
A list submitted to a board under paragraph (1) may not include an officer who—
“(A)
has been approved for voluntary retirement; or
“(B)
is to be involuntarily retired under any provision of law during the fiscal year in which the board is convened or during the following fiscal year.”
;
(2)
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(3)
by inserting after subsection (a) the following new subsection (b):
“(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).”
.
Subtitle B—

Reserve Component Management
SEC. 511.

SUICIDE PREVENTION EFFORTS FOR MEMBERS OF THE RESERVE COMPONENTS.
(a)

Improved Outreach Under Suicide Prevention and Resilience Program.—
Section 10219 of title 10, United States Code, is amended—
(1)
by redesignating subsection (f) as subsection (g); and
(2)
by inserting after subsection (e) the following new subsection (f):
“(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.”
.
(b)

Inclusion in Department of Defense Community Partnerships Pilot Program.—
Section 706 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1800; 10 U.S.C. 10101 note) is amended—
(1)
in subsections (a) and (e), by striking “and substance use disorders and traumatic brain injury” and inserting “, substance use disorders, traumatic brain injury, and suicide prevention”; and
(2)
in subsection (c)(3), by striking “and substance use disorders and traumatic brain injury described in paragraph (1)” and inserting “, substance use disorders, traumatic brain injury, and suicide prevention”.
SEC. 512.

REMOVAL OF RESTRICTIONS ON THE TRANSFER OF OFFICERS BETWEEN THE ACTIVE AND INACTIVE NATIONAL GUARD.
(a)

Army National Guard.—
During the period ending on December 31, 2019, under regulations prescribed by the Secretary of the Army:
(1)
An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard.
(2)
An officer of the Army National Guard transferred to the inactive Army National Guard pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.
(b)

Air National Guard.—
During the period ending on December 31, 2019, under regulations prescribed by the Secretary of the Air Force:
(1)
An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard may be transferred from the active Air National Guard to the inactive Air National Guard.
(2)
An officer of the Air National Guard transferred to the inactive Air National Guard pursuant to paragraph (1) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.
SEC. 513.
[10 U.S.C. 12301 note]

LIMITATIONS ON CANCELLATIONS OF DEPLOYMENT OF CERTAIN RESERVE COMPONENT UNITS AND INVOLUNTARY MOBILIZATIONS OF CERTAIN RESERVES.
(a)

Limitation on Cancellation of Deployment of Certain Units Within 180 Days of Scheduled Deployment.—
(1)

Limitation.—
The deployment of a unit of a reserve component of the Armed Forces described in paragraph (2) may not be cancelled during the 180-day period ending on the date on which the unit is otherwise scheduled for deployment without the approval, in writing, of the Secretary of Defense.
(2)

Covered deployments.—
A deployment of a unit of a reserve component described in this paragraph is a deployment whose cancellation as described in paragraph (1) is due to the deployment of a unit of a regular component of the Armed Forces to carry out the mission for which the unit of the reserve component was otherwise to be deployed.
(3)

Notice to congress and governors on approval of cancellation of deployment.—
On approving the cancellation of deployment of a unit under paragraph (1), the Secretary shall submit to the congressional defense committees and the Governor concerned a notice on the approval of cancellation of deployment of the unit.
(b)

Advance Notice to Certain Reserves on Involuntary Mobilization.—
(1)

Advance notice required.—
The Secretary concerned may not provide less than 120 days advance notice of an involuntary mobilization to a member of the reserve component of the Armed Forces described in paragraph (2) without the approval, in writing, of the Secretary of Defense.
(2)

Covered reserves.—
A member of a reserve component described in this paragraph is a member as follows:
(A)
A member who is not assigned to a unit organized to serve as a unit.
(B)
A member who is to be mobilized apart from the member’s unit.
(3)

Commencement of applicability.—
This subsection shall apply with respect to members who are mobilized on or after the date that is 120 days after the date of the enactment of this Act.
(4)

Secretary concerned defined.—
In this subsection, the term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.
(5)

Sunset.—
This subsection shall cease to apply as of the date of the completion of the withdrawal of United States combat forces from Afghanistan.
(c)

Nondelegation of Approval.—
The Secretary of Defense may not delegate the approval of cancellations of deployments of units under subsection (a) or the approval of mobilization of Reserves without advance notice under subsection (b).
SEC. 514.

REVIEW OF REQUIREMENTS AND AUTHORIZATIONS FOR RESERVE COMPONENT GENERAL AND FLAG OFFICERS IN AN ACTIVE STATUS.
(a)

Review Required.—
The Secretary of Defense shall conduct a review of the general officer and flag officer requirements for members of the reserve component in an active status.
(b)

Purpose of Review.—
The purpose of the review is to ensure that the authorized strengths provided in section 12004 of title 10, United States Code, for reserve general officers and reserve flag officers in an active status—
(1)
are based on an objective requirements process and are sufficient for the effective management, leadership, and administration of the reserve components;
(2)
provide a qualified, sufficient pool from which reserve component general and flag officers can continue to be assigned on active duty in joint duty and in-service military positions;
(3)
reflect a review of the appropriateness and number of exemptions provided by subsections (b), (c), and (d) of section 12004 of title 10, United States Code;
(4)
reflect the efficiencies that can be achieved through downgrading or elimination of reserve component general or flag officer positions, including through the conversion of certain reserve component general or flag officer positions to senior civilian positions; and
(5)
are subjected to periodic review, control, and adjustment.
(c)

Report.—
Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review, including such recommendations for changes in law and policy related to authorized reserve general and flag officers strengths as the Secretary considers to be appropriate.
SEC. 515.

FEASIBILITY OF ESTABLISHING A UNIT OF THE NATIONAL GUARD IN AMERICAN SAMOA AND IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
(a)

Determination Required.—
The Secretary of Defense shall determine the feasibility of establishing—
(1)
a unit of the National Guard in American Samoa; and
(2)
a unit of the National Guard in the Commonwealth of the Northern Mariana Islands.
(b)

Force Structure Elements.—
In making the feasibility determination under subsection (a), the Secretary of Defense shall consider the following:
(1)
The allocation of National Guard force structure and manpower to American Samoa and the Commonwealth of the Northern Mariana Islands in the event of the establishment of a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands, and the impact of this allocation on existing National Guard units in the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and the District of Columbia.
(2)
The Federal funding that would be required to support pay, benefits, training operations, and missions of members of a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, based on the allocation derived from paragraph (1), and the equipment, including maintenance, required to support such force structure.
(3)
The presence of existing infrastructure to support a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, and the requirement for additional infrastructure, including information technology infrastructure, to support such force structure, based on the allocation derived from paragraph (1).
(4)
How a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Island would accommodate the National Guard Bureau’s “Essential Ten” homeland defense capabilities (i.e., aviation, engineering, civil support teams, security, medical, transportation, maintenance, logistics, joint force headquarters, and communications) and reflect regional needs.
(5)
The manpower cadre, both military personnel and full-time support, including National Guard technicians, required to establish, maintain, and sustain a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, and the ability of American Samoa and of the Commonwealth of the Northern Mariana Islands to support demographically a unit of the National Guard at each location.
(6)
The ability of a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands to maintain unit readiness and the logistical challenges associated with transportation, communications, supply/resupply, and training operations and missions.
(c)

Submission of Conclusion.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall notify the congressional defense committees of the results of the feasibility determination made under subsection (a). If the Secretary determines that establishment of a unit of the National Guard in American Samoa or the Commonwealth of the Northern Mariana Islands (or both) is feasible, the Secretary shall include in the notification the following:
(1)
A determination of whether the executive branch of American Samoa and of the Commonwealth of the Northern Mariana Islands has enacted and implemented statutory authorization for an organized militia as a prerequisite for establishing a unit of the National Guard, and a description of any other steps that such executive branches must take to request and carry out the establishment of a National Guard unit.
(2)
A list of any amendments to titles 10, 32, and 37, United States Code, that would have to be enacted by Congress to provide for the establishment of a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.
(3)
A description of any required Department of Defense actions to establish a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.
(4)
A suggested timeline for completion of the steps and actions described in the preceding paragraphs.
Subtitle C—

General Service Authorities
SEC. 521.

PROVISION OF INFORMATION UNDER TRANSITION ASSISTANCE PROGRAM ABOUT DISABILITY-RELATED EMPLOYMENT AND EDUCATION PROTECTIONS.
(a)

Additional Element of Program.—
Section 1144(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(9)
Provide information about disability-related employment and education protections.”
.
(b)
[10 U.S.C. 1144 note]

Deadline for Implementation.—
The program carried out under section 1144 of title 10, United States Code, shall comply with the requirements of subsection (b)(9) of such section, as added by subsection (a), by not later than April 1, 2015.
SEC. 522.

MEDICAL EXAMINATION REQUIREMENTS REGARDING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY BEFORE ADMINISTRATIVE SEPARATION.
Section 1177(a)(2) of title 10, United States Code, is amended by inserting after “honorable” the following: “, including an administrative separation in lieu of court-martial,”.
SEC. 523.

ESTABLISHMENT AND USE OF CONSISTENT DEFINITION OF GENDER-NEUTRAL OCCUPATIONAL STANDARD FOR MILITARY CAREER DESIGNATORS.
(a)

Establishment of Definitions.—
Section 543 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 113 note) is amended by adding at the end the following new subsection:
“(d)

Definitions.
In this section:
“(1)

Gender-neutral occupational standard.
The term ‘gender-neutral occupational standard’, with respect to a military career designator, means that all members of the Armed Forces serving in or assigned to the military career designator must meet the same performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed while serving in or assigned to the military career designator.
“(2)

Military career designator.
The term ‘military career designator’ refers to—
“(A)
in the case of enlisted members and warrant officers of the Armed Forces, military occupational specialties, specialty codes, enlisted designators, enlisted classification codes, additional skill identifiers, and special qualification identifiers; and
“(B)
in the case of commissioned officers (other than commissioned warrant officers), officer areas of concentration, occupational specialties, specialty codes, additional skill identifiers, and special qualification identifiers.”
.
(b)

Use of Definitions.—
Such section is further amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “military occupational career field” and inserting “military career designator”; and
(B)
in paragraph (1), by striking “common, relevant performance standards” and inserting “an occupational standard”;
(2)
in subsection (b)—
(A)
in paragraph (1)—
(i)
by striking “any military occupational specialty” and inserting “any military career designator”; and
(ii)
by striking “requirements for members in that specialty and shall ensure (in the case of an occupational specialty” and inserting “requirements as part of the gender-neutral occupational standard for members in that career designator and shall ensure (in the case of a career designator”; and
(B)
in paragraph (2)—
(i)
by striking “an occupational specialty” and inserting “a military career designator”;
(ii)
by striking “that occupational specialty” and inserting “that military career designator”; and
(iii)
by striking “that specialty” and inserting “that military career designator”; and
(3)
in subsection (c)—
(A)
by striking “the occupational standards for a military occupational field” and inserting “the gender-neutral occupational standard for a military career designator”; and
(B)
by striking “that occupational field” and inserting “that military career designator”.
SEC. 524.

SENSE OF CONGRESS REGARDING THE WOMEN IN SERVICE IMPLEMENTATION PLAN.
It is the sense of Congress that the Secretaries of the military departments—
(1)
no later than September 2015, should develop, review, and validate individual occupational standards, using validated gender-neutral occupational standards, so as to assess and assign members of the Armed Forces to units, including Special Operations Forces; and
(2)
no later than January 1, 2016, should complete all assessments.
SEC. 525.
[10 U.S.C. 113 note]

PROVISION OF MILITARY SERVICE RECORDS TO THE SECRETARY OF VETERANS AFFAIRS IN AN ELECTRONIC FORMAT.
(a)

Provision in Electronic Format.—
In accordance with subsection (b), the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall make the covered records of each member of the Armed Forces available to the Secretary of Veterans Affairs in an electronic format.
(b)

Deadline for Provision of Records.—
With respect to a member of the Armed Forces who is discharged or released from the Armed Forces on or after January 1, 2014, the Secretary of Defense shall ensure that the covered records of the member are made available to the Secretary of Veterans Affairs not later than 90 days after the date of the member’s discharge or release.
(c)

Sharing of Protected Health Information.—
For purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 42 U.S.C. 1320d-2 note), making medical records available to the Secretary of Veterans Affairs under subsection (a) shall be treated as a permitted disclosure.
(d)

Records Currently Available to Secretary of Veterans Affairs.—
The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall ensure that the covered records of members of the Armed Forces that are available to the Secretary of Veterans Affairs as of the date of the enactment of this Act are made electronically accessible and available as soon as practicable after that date to the Veterans Benefits Administration.
(e)

Covered Records Defined.—
In this section, the term “covered records” means, with respect to a member of the Armed Forces—
(1)
service treatment records;
(2)
accompanying personal records;
(3)
relevant unit records; and
(4)
medical records created by reason of treatment or services received pursuant to chapter 55 of title 10, United States Code.
SEC. 526.

REVIEW OF INTEGRATED DISABILITY EVALUATION SYSTEM.
(a)

Review.—
The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall conduct a review of—
(1)
the backlog of pending cases in the Integrated Disability Evaluation System with respect to members of the reserve components of the Armed Forces for the purpose of addressing the matters specified in paragraph (1) of subsection (b); and
(2)
the improvements to the Integrated Disability Evaluation System specified in paragraph (2) of such subsection.
(b)

Report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services and Veterans’ Affairs of the House of Representatives and the Senate a report on the review conducted under subsection (a). Such report shall include the following:
(1)
With respect to the reserve components of the Armed Forces—
(A)
the number of pending cases that exist as of the date of the report, listed by military department, component, and, with respect to the National Guard, State;
(B)
as of the date of the report, the average time it takes the Department of Defense and the Department of Veterans Affairs to process a case through each phase or step of the Integrated Disability Evaluation System under that Department’s control;
(C)
a description of the measures the Secretary has taken, and will take, to resolve the backlog of cases in the Integrated Disability Evaluation System; and
(D)
the date by which the Secretary plans to resolve such backlog for each military department.
(2)
With respect to the regular components and reserve components of the Armed Forces—
(A)
a description of the progress being made by both the Department of Defense and the Department of Veterans Affairs to transition the Integrated Disability Evaluation System to an integrated and readily accessible electronic format that a member of the Armed Forces may access to see the status of the member during each phase or step of the system;
(B)
an estimate of the cost to complete the transition to an integrated and readily accessible electronic format; and
(C)
an assessment of the feasibility of improving in-transit visibility of pending cases, including by establishing a method of tracking a pending case when—
(i)
a military treatment facility is assigned a packet and pending case for action regarding a member; and
(ii)
a packet is at the Veterans Tracking Application and Disability Rating Activity Site of the Department of Veterans Affairs.
(c)

Pending Case Defined.—
In this section, the term “pending case” means a case involving a member of the Armed Forces who, as of the date of the review under subsection (a), is within the Integrated Disability Evaluation System and has been referred to a medical evaluation board.
Subtitle D—

Military Justice Matters, Other Than Sexual Assault Prevention and Response and Related Reforms
SEC. 531.

MODIFICATION OF ELIGIBILITY FOR APPOINTMENT AS JUDGE ON THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES.
(a)

Modification.—
Paragraph (4) of section 942(b) of title 10, United States Code (article 142(b) of the Uniform Code of Military Justice), is amended to read as follows:
“(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.”
.
(b)
[10 U.S.C. 942 note]

Effective Date.—
The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to appointments to the United States Court of Appeals for the Armed Forces that occur on or after that date.
SEC. 532.

ENHANCEMENT OF PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF THE ARMED FORCES AND CHAPLAINS OF SUCH MEMBERS.
(a)

In General.—
Subsection (a)(1) of section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1727; 10 U.S.C. prec. 1030 note) is amended—
(1)
by striking “The Armed Forces shall accommodate the beliefs” and inserting “Unless it could have an adverse impact on military readiness, unit cohesion, and good order and discipline, the Armed Forces shall accommodate individual expressions of belief”;
(2)
by inserting “sincerely held” before “conscience”; and
(3)
by striking “use such beliefs” and inserting “use such expression of belief”.
(b)

Regulations.—
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe the implementing regulations required by subsection (c) of such section. In prescribing such regulations, the Secretary shall consult with the official military faith-group representatives who endorse military chaplains.
SEC. 533.

INSPECTOR GENERAL INVESTIGATION OF ARMED FORCES COMPLIANCE WITH REGULATIONS FOR THE PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF THE ARMED FORCES AND THEIR CHAPLAINS.
(a)

Investigation Into Compliance; Report.—
Not later than 18 months after the date on which regulations are issued implementing the protections afforded by section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1727; 10 U.S.C. prec. 1030 note), as amended by section 532, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report—
(1)
setting forth the results of an investigation by the Inspector General during that 18-month period into the compliance by the Armed Forces with the elements of such regulations on adverse personnel actions, discrimination, or denials of promotion, schooling, training, or assignment for members of the Armed Forces based on conscience, moral principles, or religious beliefs; and
(2)
identifying the number of times during the investigation period that the Inspector General of the Department of Defense or the Inspector General of a military department was contacted regarding an incident involving the conscience, moral principles, or religious beliefs of a member of the Armed Forces.
(b)

Consultation.—
In conducting any analysis, investigation, or survey for purposes of this section, the Inspector General of the Department of Defense shall consult with the Armed Forces Chaplains Board, as appropriate.
SEC. 534.

SURVEY OF MILITARY CHAPLAINS VIEWS ON DEPARTMENT OF DEFENSE POLICY REGARDING CHAPLAIN PRAYERS OUTSIDE OF RELIGIOUS SERVICES.
(a)

Survey Required.—
The Secretary of Defense shall conduct a survey among a statistically valid sample of military chaplains of the regular and reserve components of the Armed Forces, to be selected at random, to assess whether—
(1)
restrictions placed on prayers offered in a public or non-religious setting have prevented military chaplains from exercising the tenets of their faith as prescribed by their endorsing faith group; and
(2)
those restrictions have had an adverse impact on the ability of military chaplains to fulfill their duties to minister to members of the Armed Forces and their dependents.
(b)

Deadline for Completion.—
The Secretary of Defense shall complete the survey required by subsection (a) within one year after the date of the enactment of this Act.
(c)

Submission of Results.—
Not later than 90 days after completing the survey required by subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing—
(1)
the survey questionnaire; and
(2)
the results of the survey.
Subtitle E—

Member Education and Training
SEC. 541.

ADDITIONAL REQUIREMENTS FOR APPROVAL OF EDUCATIONAL PROGRAMS FOR PURPOSES OF CERTAIN EDUCATIONAL ASSISTANCE UNDER LAWS ADMINISTERED BY THE SECRETARY OF DEFENSE.
(a)

In General.—
Chapter 101 of title 10, United States Code, is amended by inserting after section 2006 the following new section:
“SEC. 2006a.
[10 U.S.C. 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).”
.
(b)

Clerical Amendment.—
The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2006 the following new item:
“2006a.
Assistance for education and training: availability of certain assistance for use only for certain programs of education.”
.
(c)
[10 U.S.C. 2006a note]

Effective Date.—
The amendments made by this section shall take effect on August 1, 2014.
SEC. 542.
[10 U.S.C. 2015 note]

ENHANCEMENT OF MECHANISMS TO CORRELATE SKILLS AND TRAINING FOR MILITARY OCCUPATIONAL SPECIALTIES WITH SKILLS AND TRAINING REQUIRED FOR CIVILIAN CERTIFICATIONS AND LICENSES.
(a)

Improvement of Information Available to Members of the Armed Forces About Correlation.—
(1)

In general.—
The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable, make information on civilian credentialing opportunities available to members of the Armed Forces beginning with, and at every stage of, training of members for military occupational specialties, in order to permit members—
(A)
to evaluate the extent to which such training correlates with the skills and training required in connection with various civilian certifications and licenses; and
(B)
to assess the suitability of such training for obtaining or pursuing such civilian certifications and licenses.
(2)

Coordination with transition goals plans success program.—
Information shall be made available under paragraph (1) in a manner consistent with the Transition Goals Plans Success (GPS) program.
(3)

Types of information.—
The information made available under paragraph (1) shall include, but not be limited to, the following:
(A)
Information on the civilian occupational equivalents of military occupational specialties (MOS).
(B)
Information on civilian license or certification requirements, including examination requirements.
(C)
Information on the availability and opportunities for use of educational benefits available to members of the Armed Forces, as appropriate, corresponding training, or continuing education that leads to a certification exam in order to provide a pathway to credentialing opportunities.
(4)

Use and adaptation of certain programs.—
In making information available under paragraph (1), the Secretaries of the military departments may use and adapt appropriate portions of the Credentialing Opportunities On-Line (COOL) programs of the Army and the Navy and the Credentialing and Educational Research Tool (CERT) of the Air Force.
(b)

Improvement of Access of Accredited Civilian Credentialing and Related Entities to Military Training Content.—
(1)

In general.—
The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable consistent with national security and privacy requirements, make available to entities specified in paragraph (2), upon request of such entities, information such as military course training curricula, syllabi, and materials, levels of military advancement attained, and professional skills developed.
(2)

Entities.—
The entities specified in this paragraph are the following:
(A)
Civilian credentialing agencies.
(B)
Entities approved by the Secretary of Veterans Affairs, or by State approving agencies, for purposes of the use of educational assistance benefits under the laws administered by the Secretary of Veterans Affairs.
(3)

Central repository.—
The actions taken pursuant to paragraph (1) may include the establishment of a central repository of information on training and training materials provided members in connection with military occupational specialities that is readily accessible by entities specified in paragraph (2) in order to meet requests described in paragraph (1).
SEC. 543.

REPORT ON THE TROOPS TO TEACHERS PROGRAM.
Not later than March 1, 2014, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Troops to Teachers program that includes each of the following:
(1)
An evaluation of whether there is a need to broaden eligibility to allow service members and veterans without a bachelor’s degree admission into the program and whether the program can be strengthened.
(2)
An evaluation of whether a pilot program should be established to demonstrate the potential benefit of an institutional-based award for troops to teachers, as long as any such pilot program maximizes benefits to service members and minimizes administrative and other overhead costs at the participating academic institutions.
SEC. 544.

SECRETARY OF DEFENSE REPORT ON FEASIBILITY OF REQUIRING AUTOMATIC OPERATION OF CURRENT PROHIBITION ON ACCRUAL OF INTEREST ON DIRECT STUDENT LOANS OF CERTAIN MEMBERS OF THE ARMED FORCES.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, after consultation with relevant Federal agencies, shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report addressing—
(1)
the feasibility of automatic application of the benefits provided under section 455(o) of the Higher Education Act of 1965 (20 U.S.C. 1087e(o)) for members of the Armed Forces eligible for the benefits; and
(2)
if the Secretary determines automatic application of such benefits is feasible, how the Department of Defense would implement the automatic operation of the current prohibition on the accrual of interest on direct student loans of certain members, including the Federal agencies with which the Department of Defense would coordinate.
Subtitle F—

Defense Dependents’ Education and Military Family Readiness Matters
SEC. 551.

CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a)

Assistance to Schools With Significant Numbers of Military Dependent Students.—
Of the amount authorized to be appropriated for fiscal year 2014 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $25,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(b)

Local Educational Agency Defined.—
In this section, the term “local educational agency” has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 552.

IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2014 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).
SEC. 553.

TREATMENT OF TUITION PAYMENTS RECEIVED FOR VIRTUAL ELEMENTARY AND SECONDARY EDUCATION COMPONENT OF DEPARTMENT OF DEFENSE EDUCATION PROGRAM.
(a)

Crediting of Payments.—
Section 2164(l) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(3)
Any payments received by the Secretary of Defense under this subsection shall be credited to the account designated by the Secretary for the operation of the virtual educational program under this subsection. Payments so credited shall be merged with other funds in the account and shall be available, to the extent provided in advance in appropriation Acts, for the same purposes and the same period as other funds in the account.”
.
(b)
[10 U.S.C. 2164 note]

Application of Amendment.—
The amendment made by subsection (a) shall apply only with respect to tuition payments received under section 2164(l) of title 10, United States Code, for enrollments authorized by such section, after the date of the enactment of this Act, in the virtual elementary and secondary education program of the Department of Defense education program.
[Section 554 was repealed by section 555(f) of Public Law 115–91. See section 1788a of title 10, U.S.C. as amended by section 555 of such Public Law.]
SEC. 555.

SENSE OF CONGRESS ON PARENTAL RIGHTS OF MEMBERS OF THE ARMED FORCES IN CHILD CUSTODY DETERMINATIONS.
It is the sense of Congress that State courts should not consider a military deployment, including past, present, or future deployment, as the sole factor in determining child custody in a State court proceeding involving a parent who is a member of the Armed Forces. The best interest of the child should always prevail in custody cases, but members of the Armed Forces should not lose custody of their children based solely upon service in the Armed Forces in defense of the United States.
Subtitle G—

Decorations and Awards
SEC. 561.

REPEAL OF LIMITATION ON NUMBER OF MEDALS OF HONOR THAT MAY BE AWARDED TO THE SAME MEMBER OF THE ARMED FORCES.
(a)

Army.—
Section 3744(a) of title 10, United States Code, is amended by striking “medal of honor, distinguished-service cross,” and inserting “distinguished-service cross”.
(b)

Navy and Marine Corps.—
Section 6247 of title 10, United States Code, is amended by striking “medal of honor,”.
(c)

Air Force.—
Section 8744(a) of title 10, United States Code, is amended by striking “medal of honor, Air Force cross,” and inserting “Air Force Cross”.
SEC. 562.

STANDARDIZATION OF TIME-LIMITS FOR RECOMMENDING AND AWARDING MEDAL OF HONOR, DISTINGUISHED-SERVICE CROSS, NAVY CROSS, AIR FORCE CROSS, AND DISTINGUISHED-SERVICE MEDAL.
(a)

Army.—
Section 3744 of title 10, United States Code, is amended—
(1)
in subsection (b)—
(A)
in paragraph (1), by striking “three years” and inserting “five years”; and
(B)
in paragraph (2), by striking “two years” and inserting “three years”; and
(2)
in subsection (d)(1), by striking “two years” and inserting “three years”.
(b)

Air Force.—
Section 8744 of such title is amended—
(1)
in subsection (b)—
(A)
in paragraph (1), by striking “three years” and inserting “five years”; and
(B)
in paragraph (2), by striking “two years” and inserting “three years”; and
(2)
in subsection (d)(1), by striking “two years” and inserting “three years”.
SEC. 563.

RECODIFICATION AND REVISION OF ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL REQUIREMENTS.
(a)

Automatic Enrollment and Furnishing of Certificate.—
(1)

In general.—
Chapter 57 of title 10, United States Code, is amended by inserting after section 1134 the following new section:
“SEC. 1134a.
[10 U.S.C. 1134a]

Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
“(a)

Establishment.
There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department in which the Coast Guard is operating a roll designated as the ‘Army, Navy, Air Force, and Coast Guard Medal of Honor Roll’.
“(b)

Enrollment.
The Secretary concerned shall enter and record on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll the name of each person who has served on active duty in the armed forces and who has been awarded a medal of honor pursuant to section 3741, 6241, or 8741 of this title or section 491 of title 14.
“(c)

Issuance of Enrollment Certificate.
Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be issued a certificate of enrollment on the roll.
“(d)

Entitlement to Special Pension; Notice to Secretary of Veterans Affairs.
The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under subsection (c). The copy of the certificate shall authorize the Secretary of Veterans Affairs to pay the special pension provided by section 1562 of title 38 to the person named in the certificate.”
.
(2)

Clerical amendment.—
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1134 the following new item:
“1134a.
Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll.”
.
(b)

Special Pension.—
(1)

Automatic entitlement.—
Subsection (a) of section 1562 of title 38, United States Code, is amended—
(A)
by striking “each person” and inserting “each living person”;
(B)
by striking “Honor roll” and inserting “Honor Roll”;
(C)
by striking “subsection (c) of section 1561 of this title” and inserting “subsection (d) of section 1134a of title 10”; and
(D)
by striking “date of application therefor under section 1560 of this title” and inserting “date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section”.
(2)

Election to decline special pension.—
Such section is further amended by adding at the end the following new subsection:
“(g)
(1)
A person who is entitled to special pension under subsection (a) may elect not to receive special pension by notifying the Secretary of such election in writing.
“(2)
Upon receipt of an election made by a person under paragraph (1) not to receive special pension, the Secretary shall cease payments of special pension to the person.”
.
(c)

Conforming Amendments.—
(1)

Repeal of recodified provisions.—
Sections 1560 and 1561 of title 38, United States Code, are repealed.
(2)

Clerical amendments.—
The table of sections at the beginning of chapter 15 of such title is amended by striking the items relating to sections 1560 and 1561.
(d)
[10 U.S.C. 1134a note]

Application of Amendments.—
The amendments made by this section shall apply with respect to Medals of Honor awarded on or after the date of the enactment of this Act.
SEC. 564.

PROMPT REPLACEMENT OF MILITARY DECORATIONS.
Section 1135 of title 10, United States Code, is amended—
(1)
by redesignating subsection (b) as subsection (c); and
(2)
by inserting after subsection (a) the following new subsection (b):
“(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.”
.
SEC. 565.

REVIEW OF ELIGIBILITY FOR, AND AWARD OF, PURPLE HEART TO VICTIMS OF THE ATTACKS AT RECRUITING STATION IN LITTLE ROCK, ARKANSAS, AND AT FORT HOOD, TEXAS.
(a)

Review Regarding Specified Attacks.—
(1)

Review and award required.—
The Secretary of the military department concerned shall—
(A)
review the circumstances of the attacks that occurred at the recruiting station in Little Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on November 5, 2009, in which members of the Armed Forces were killed and wounded; and
(B)
award the Purple Heart to each member determined pursuant to such review to be eligible for the award of the Purple Heart in connection with the death or wounding of the member in the attacks.
(2)

Consideration of certain evidence.—
In reviewing all the evidence related to the incidents described in paragraph (1) and the criteria established under Executive Order 11016 (Authorizing the Award of the Purple Heart), the Secretary of the military department concerned shall specifically, but not exclusively, assess whether the members of the Armed Forces killed or wounded at Fort Hood and Little Rock qualify for award of the Purple Heart under the criteria as members of the Armed Forces who were killed or wounded as a result of an act of an enemy of the United States.
(3)

Submission.—
The results of the review shall be provided to the Committees on Armed Services of the Senate and the House of Representatives within 180 days after the date of the enactment of this Act.
(4)

Exception.—
A Purple Heart may not be awarded pursuant to paragraph (1)(B) to a member of the Armed Forces whose death or wound in an attack described in paragraph (1)(A) was the result of the willful misconduct of the member.
(b)

Review of the Criteria for Awarding Purple Heart.—
(1)

Review required.—
The Secretary of Defense shall conduct a review of the criteria used to determine the eligibility of members of the Armed Forces for the award of the Purple Heart. The review shall include the policies and procedures for determining eligibility for the award of the Purple Heart to members who sustain injuries through acts of violence. The purpose of the review is to determine whether those criteria remain relevant for the broad range of circumstances in and outside the United States in which members are killed or wounded.
(2)

Submission of results.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review. The report shall include the findings of the review and any recommendations the Secretary considers appropriate regarding modifying the criteria for eligibility for the Purple Heart.
SEC. 566.

AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO FORMER MEMBERS OF THE ARMED FORCES PREVIOUSLY RECOMMENDED FOR AWARD OF THE MEDAL OF HONOR.
Section 552(e) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 3741 note) is amended—
(1)
by inserting “(1)” after “Honor.—”; and
(2)
by adding at the end the following new paragraph:
“(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.”
.
SEC. 567.

AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR FOR ACTS OF VALOR DURING THE VIETNAM WAR.
(a)

Sergeant First Class Bennie G. Adkins.—
(1)

Waiver of time limitations.—
Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 3741 of such title to Bennie G. Adkins of the United States Army for the acts of valor during the Vietnam War described in paragraph (2).
(2)

Acts of valor described.—
The acts of valor referred to in paragraph (1) are the actions of then Sergeant First Class Bennie G. Adkins of the United States Army serving with Special Forces Detachment A-102 from March 9 to 12, 1966, during the Vietnam War for which he was originally awarded the Distinguished-Service Cross.
(b)

Specialist Four Donald P. Sloat.—
(1)

Waiver of time limitations.—
Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 3741 of such title to Donald P. Sloat of the United States Army for the acts of valor during the Vietnam War described in paragraph (2).
(2)

Acts of valor described.—
The acts of valor referred to in paragraph (1) are the actions of then Specialist Four Donald P. Sloat of the United States Army serving with 3rd Platoon, Delta Company, 2nd Battalion, 1st Infantry, 196th Light Infantry Brigade, Americal Division on January 17, 1970, during the Vietnam War.
SEC. 568.

AUTHORIZATION FOR AWARD OF THE DISTINGUISHED-SERVICE CROSS FOR ACTS OF VALOR DURING THE KOREAN AND VIETNAM WARS.
(a)

Sergeant First Class Robert F. Keiser.—
(1)

Waiver of time limitations.—
Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished-Service Cross under section 3742 of such title to Sergeant First Class Robert F. Keiser for the acts of valor described in paragraph (2) during the Korean War.
(2)

Acts of valor described.—
The acts of valor referred to in paragraph (1) are the actions of Robert F. Keiser’s on November 30, 1950, as a member of the 2d Military Police Company, 2d Infantry Division, United States Army, during the Division’s successful withdrawal from the Kunuri-Sunchon Pass.
(b)

Sergeant First Class Patrick N. Watkins, Jr..—
(1)

Waiver of time limitations.—
Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished Service Cross under section 3742 of that title to Patrick N. Watkins, Jr., for the acts of valor described in paragraph (2).
(2)

Acts of valor described.—
The acts of valor referred to in paragraph (1) are the actions of Sergeant First Class Patrick N. Watkins, Jr., from August 22 to August 23, 1968, as a member of the United States Army serving in the grade of Sergeant First Class in the Republic of Vietnam while serving with Headquarters and Headquarters Company, 5th Special Forces Group (Airborne), 1st Special Forces Regiment.
(c)

Specialist Four Robert L. Towles.—
(1)

Waiver of time limitations.—
Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished Service Cross under section 3742 of that title to Robert L. Towles for the acts of valor described in paragraph (2).
(2)

Acts of valor described.—
The acts of valor referred to in paragraph (1) are the actions of Specialist Four Robert L. Towles, on November 17, 1965, as a member of the United States Army serving in the grade of Specialist Four during the Vietnam War while serving in Company D, 2d Battalion, 7th Cavalry, 1st Cavalry Division, for which he was originally awarded the Bronze Star with “V” Device.
SEC. 569.

AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO FIRST LIEUTENANT ALONZO H. CUSHING FOR ACTS OF VALOR DURING THE CIVIL WAR.
(a)

Authorization.—
Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 3741 of such title to then First Lieutenant Alonzo H. Cushing for conspicuous acts of gallantry and intrepidity at the risk of life and beyond the call of duty in the Civil War, as described in subsection (b).
(b)

Acts of Valor Described.—
The acts of valor referred to in subsection (a) are the actions of then First Lieutenant Alonzo H. Cushing while in command of Battery A, 4th United States Artillery, Army of the Potomac, at Gettysburg, Pennsylvania, on July 3, 1863, during the Civil War.
Subtitle H—

Other Studies, Reviews, Policies, and Reports
SEC. 571.

REPORT ON FEASIBILITY OF EXPANDING PERFORMANCE EVALUATION REPORTS TO INCLUDE 360-DEGREE ASSESSMENT APPROACH.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of an assessment of the feasibility of including a 360-degree assessment approach, modeled after the current Department of the Army Multi-Source Assessment and Feedback (MSAF) Program, as part of performance evaluation reports.
SEC. 572.

REPORT ON DEPARTMENT OF DEFENSE PERSONNEL POLICIES REGARDING MEMBERS OF THE ARMED FORCES WITH HIV OR HEPATITIS B.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on Department of Defense personnel policies regarding members of the Armed Forces infected with human immunodeficiency virus (HIV) or Hepatitis B. The report shall include the following:
(1)
A description of policies addressing the enlistment or commissioning of individuals with these conditions and retention policies, deployment policies, discharge policies, and disciplinary policies regarding individuals with these conditions.
(2)
An assessment of these policies, including an assessment of whether the policies reflect an evidence-based, medically accurate understanding of how these conditions are contracted, how these conditions can be transmitted to other individuals, and the risk of transmission.
SEC. 573.
[10 U.S.C. 503 note]

POLICY ON MILITARY RECRUITMENT AND ENLISTMENT OF GRADUATES OF SECONDARY SCHOOLS.
(a)

Conditions on Use of Test, Assessment, or Screening Tools.—
In the case of any test, assessment, or screening tool utilized under the policy on recruitment and enlistment required by subsection (b) of section 532 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1403; 10 U.S.C. 503 note) for the purpose of identifying persons for recruitment and enlistment in the Armed Forces, the Secretary of Defense shall—
(1)
implement a means for ensuring that graduates of a secondary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965), including all persons described in subsection (a)(2) of section 532 of the National Defense Authorization Act for Fiscal Year 2012, are required to meet the same standard on the test, assessment, or screening tool; and
(2)
use uniform testing requirements and grading standards.
(b)

Rule of Construction.—
Nothing in section 532(b) of the National Defense Authorization Act for Fiscal Year 2012 or this section shall be construed to permit the Secretary of Defense or the Secretary of a military department to create or use a different grading standard on any test, assessment, or screening tool utilized for the purpose of identifying graduates of a secondary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965), including all persons described in subsection (a)(2) of section 532 of the National Defense Authorization Act for Fiscal Year 2012, for recruitment and enlistment in the Armed Forces.
SEC. 574.

COMPTROLLER GENERAL REPORT ON USE OF DETERMINATION OF PERSONALITY DISORDER OR ADJUSTMENT DISORDER AS BASIS TO SEPARATE MEMBERS FROM THE ARMED FORCES.
Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report evaluating—
(1)
the use by the Secretaries of the military departments, since January 1, 2007, of the authority to separate members of the Armed Forces from the Armed Forces due of unfitness for duty because of a mental condition not amounting to disability, including separation on the basis of a personality disorder or adjustment disorder and the total number of members separated on such basis;
(2)
the extent to which the Secretaries failed to comply with regulatory requirements in separating members of the Armed Forces on the basis of a personality or adjustment disorder; and
(3)
the impact of such a separation on the ability of veterans so separated to access service-connected disability compensation, disability severance pay, and disability retirement pay.
Subtitle I—

Other Matters
SEC. 581.

ACCOUNTING FOR MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES LISTED AS MISSING AND RELATED REPORTS.
(a)

System for Accounting for Missing Persons.—
Section 1501(a)(1) of title 10, United States Code, is amended—
(1)
in subparagraph (B), by striking “and” at the end;
(2)
in subparagraph (C), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following new subparagraph:
“(D)
the dissemination of appropriate information on the status of missing persons to authorized family members.”
.
(b)

Report on Accounting for POW/MIAS.—
(1)

Report required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on accounting for missing persons from covered conflicts.
(2)

Elements.—
The report required by paragraph (1) shall include the following:
(A)
The total number of missing persons in all covered conflicts and in each covered conflict.
(B)
The total number of missing persons in all covered conflicts, and in each covered conflict, that are considered unrecoverable, including—
(i)
the total number in each conflict that are considered unrecoverable by being lost at sea or in inaccessible terrain;
(ii)
the total number from the Korean War that are considered to be located in each of China, North Korea, and Russia.
(C)
The total number of missing persons in all covered conflicts, and in each covered conflict, that were interred without identification, including the locations of interment.
(D)
The number of remains in the custody of the Department of Defense that are awaiting identification, and the number of such remains estimated by the Department to be likely to be identified using current technology.
(E)
The total number of identifications of remains that have been made since January 1, 1970, for all covered conflicts and for each covered conflict.
(F)
The number of instances where next of kin have refused to provide a DNA sample for the identification of recovered remains, for each covered conflict.
(3)

Definitions.—
In this subsection:
(A)
The term “appropriate committees of Congress” means—
(i)
the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(ii)
the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives.
(B)
The term “covered conflicts” means the conflicts specified in or designated under section 1509(a) of title 10, United States Code, as of the date of the report required by paragraph (1).
(C)
The term “missing persons” has the meaning given that term in section 1513(1) of such title.
(c)

Report on POW/MIA Accounting Community.—
(1)

Report required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the POW/MIA accounting community.
(2)

Elements.—
The report required by paragraph (1)) shall including the following:
(A)
A description and assessment of the current structure of the POW/MIA accounting community.
(B)
A description of how the Secretary of Defense will ensure increased oversight of the POW/MIA accounting mission regardless of changes to the POW/MIA accounting community.
(C)
An assessment of the feasibility and advisability of reorganizing the community into a single, central command, including—
(i)
an identification of the elements that could be organized into such command; and
(ii)
an assessment of cost-savings, advantages, and disadvantages of—
(I)
transferring the command and control of the Joint POW/MIA Accounting Command (JPAC) and the Central Identification Laboratory (CIL) from the United States Pacific Command to the Office of the Secretary of Defense;
(II)
merging the Joint POW/MIA Accounting Command and the Central Identification Laboratory with the Defense Prisoner of War/Missing Personnel Office (DPMO); and
(III)
merging the Central Identification Laboratory with the Armed Forces DNA Identification Lab (AF-DIL).
(D)
A recommendation on the element of the Department of Defense to be responsible for directing POW/MIA accounting activities, and on whether all elements of the POW/MIA accounting community should report to that element.
(E)
An estimate of the costs to be incurred, and the cost savings to be achieved—
(i)
by relocating central POW/MIA accounting activities to the continental United States;
(ii)
by closing or consolidating existing Joint POW/MIA Accounting Command facilities; and
(iii)
through any actions with respect to the POW/MIA accounting community and POW/MIA accounting activities that the Secretary considers advisable for purposes of the report.
(F)
An assessment of the feasibility and advisability of the use by the Department of university anthropology or archaeology programs to conduct field work, particularly in politically sensitive environments, including an assessment of—
(i)
the potential cost of the use of such programs;
(ii)
whether the use of such programs would result in a greater number of identifications; and
(iii)
whether the use of such programs would be consistent with requirements to preserve the integrity of the identification process.
(G)
A survey of the manner in which other countries conduct accounting for missing persons, and an assessment whether such practices can be used by the United States to enhance programs to recover and identify missing members of the United States Armed Forces.
(H)
A recommendation as to the advisability of continuing to use a military model for recovery operations, including the impact of the use of such model on diplomatic relations with countries in which the United States seeks to conduct recovery operations.
(I)
Such recommendations for the reorganization of the POW/MIA accounting community as the Secretary considers appropriate in light of the other elements of the report, including an estimate of the additional numbers of recoveries and identifications anticipated to be made by the accounting community as a result of implementation of the reorganization.
(3)

Basis in previous recommendations.—
The report required by paragraph (1) shall take into account recommendations previously made by the Director of Cost Assessment and Program Evaluation, the Inspector General of the Department of Defense, and the Comptroller General of the United States regarding the organization of the POW/MIA accounting community.
(4)

Definitions.—
In this subsection:
(A)
The term “appropriate committees of Congress” means—
(i)
the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(ii)
the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives.
(B)
The term “POW/MIA accounting community” has the meaning given that term in section 1509(b)(2) of title 10, United States Code.
SEC. 582.

EXPANSION OF PRIVILEGED INFORMATION AUTHORITIES TO DEBRIEFING REPORTS OF CERTAIN RECOVERED PERSONS WHO WERE NEVER PLACED IN A MISSING STATUS.
(a)

Expansion of Covered Reports.—
Section 1506 of title 10, United States Code, is amended—
(1)
in subsection (d)—
(A)
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B)
by inserting after paragraph (1) the following new paragraph (2):
“(2)
The Secretary concerned shall withhold from personnel files under this section, as privileged information, any survival, evasion, resistance, and escape debriefing report provided by a person described in section 1501(c) of this title who is returned to United States control which is obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information.”
; and
(2)
in subsection (f), by striking “paragraphs (2) and (3)” and inserting “paragraphs (3) and (4)”.
(b)

Definition Applicable to Covered Reports.—
Section 1513 of such title is amended by adding at the end the following new paragraph:
“(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.”
.
SEC. 583.

REVISION OF SPECIFIED SENIOR MILITARY COLLEGES TO REFLECT CONSOLIDATION OF NORTH GEORGIA COLLEGE AND STATE UNIVERSITY AND GAINESVILLE STATE COLLEGE.
Paragraph (6) of section 2111a(f) of title 10, United States Code, is amended to read as follows:
“(6)
The University of North Georgia.”
.
SEC. 584.

REVIEW OF SECURITY OF MILITARY INSTALLATIONS, INCLUDING BARRACKS, TEMPORARY LODGING FACILITIES, AND MULTI-FAMILY RESIDENCES.
(a)

Review of Security Measures.—
The Secretary of Defense shall conduct a review of security measures on United States military installations, specifically with regard to access to barracks, temporary lodging facilities, and multi-family residences on military installations, for the purpose of ensuring the safety of members of the Armed Forces and their dependents who reside on military installations.
(b)

Elements of Study.—
In conducting the review under subsection (a), the Secretary shall—
(1)
identify security gaps on military installations; and
(2)
evaluate the feasibility and effectiveness of using 24-hour electronic monitoring or other security measures to protect members and their dependents.
(c)

Submission of Results.—
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing the results of the study conducted under subsection (a), including proposed security measures and an estimate of the costs—
(1)
to eliminate all security gaps identified under subsection (b)(1); and
(2)
to provide 24-hour security monitoring or other security measures as evaluated under subsection (b)(2).
SEC. 585.

AUTHORITY TO ENTER INTO CONCESSIONS CONTRACTS AT ARMY NATIONAL MILITARY CEMETERIES.
(a)

In General.—
Chapter 446 of title 10, United States Code, is amended by adding at the end the following new section:
“SEC. 4727.
[10 U.S.C. 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.”
.
(b)

Clerical Amendment.—
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“4727.
Cemetery concessions contracts.”
.
SEC. 586.

MILITARY SALUTE DURING RECITATION OF PLEDGE OF ALLEGIANCE BY MEMBERS OF THE ARMED FORCES NOT IN UNIFORM AND BY VETERANS.
Section 4 of title 4, United States Code, is amended by adding at the end the following new sentence: “Members of the Armed Forces not in uniform and veterans may render the military salute in the manner provided for persons in uniform.”.
SEC. 587.
[10 U.S.C. 1561 note]

IMPROVED CLIMATE ASSESSMENTS AND DISSEMINATION OF RESULTS.
(a)

Improved Dissemination of Results in Chain of Command.—
The Secretary of Defense shall ensure that the results of command climate assessments are provided to the relevant individual commander and to the next higher level of command.
(b)

Evidence of Compliance.—
The Secretary of each military department shall require in the performance evaluations and assessments used by each Armed Force under the jurisdiction of the Secretary a statement by the commander regarding whether the commander has conducted the required command climate assessments.
(c)

Effect of Failure to Conduct Assessment.—
The failure of a commander to conduct the required command climate assessments shall be noted in the commander’s performance evaluation.
TITLE VI—

COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—
Pay and Allowances
Sec. 601.
Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.
Sec. 602.
Recognition of additional means by which members of the National Guard called into Federal service for a period of 30 days or less may initially report for duty for entitlement to basic pay.
Subtitle B—
Bonuses and Special and Incentive Pays
Sec. 611.
One-year extension of certain bonus and special pay authorities for reserve forces.
Sec. 612.
One-year extension of certain bonus and special pay authorities for health care professionals.
Sec. 613.
One-year extension of special pay and bonus authorities for nuclear officers.
Sec. 614.
One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.
Sec. 615.
One-year extension of authorities relating to payment of other title 37 bonuses and special pays.
Sec. 616.
One-year extension of authority to provide incentive pay for members of precommissioning programs pursuing foreign language proficiency.
Sec. 617.
Authority to provide bonus to certain cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
Sec. 618.
Health Professions Stipend Program to obtain commissioned officers in the reserve components.
Subtitle C—
Travel and Transportation Allowances
Sec. 621.
Technical and standardizing amendments to Department of Defense travel and transportation authorities in connection with reform of such authorities.
Subtitle D—
Disability, Retired Pay, and Survivor Benefits
Sec. 631.
Clarification of prevention of retired pay inversion in the case of members whose retired pay is computed using high-three.
Sec. 632.
Periodic notice to members of the Ready Reserve on early retirement credit earned for significant periods of active Federal status or active duty.
Sec. 633.
Improved assistance for Gold Star spouses and other dependents.
Subtitle E—
Commissary and Nonappropriated Fund Instrumentality Benefits and Operations
Sec. 641.
Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals.
Sec. 642.
Modernization of titles of nonappropriated fund instrumentalities for purposes of certain civil service laws.
Subtitle F—
Other Matters
Sec. 651.
Authority to provide certain expenses for care and disposition of human remains that were retained by the Department of Defense for forensic pathology investigation.
Sec. 652.
Study of the merits and feasibility of providing transitional compensation and other transitional benefits to dependents of members separated for violation of the Uniform Code of Military Justice.
Subtitle A—

Pay and Allowances
SEC. 601.

EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING UNDER CERTAIN CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2013” and inserting “December 31, 2014”.
SEC. 602.

RECOGNITION OF ADDITIONAL MEANS BY WHICH MEMBERS OF THE NATIONAL GUARD CALLED INTO FEDERAL SERVICE FOR A PERIOD OF 30 DAYS OR LESS MAY INITIALLY REPORT FOR DUTY FOR ENTITLEMENT TO BASIC PAY.
Subsection (c) of section 204 of title 37, United States Code, is amended to read as follows:
“(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.”
.
Subtitle B—

Bonuses and Special and Incentive Pays
SEC. 611.

ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
(1)
Section 308b(g), relating to Selected Reserve reenlistment bonus.
(2)
Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.
(3)
Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.
(4)
Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.
(5)
Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.
(6)
Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.
(7)
Section 478a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting distance.
(8)
Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.
SEC. 612.

ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a)

Title 10 Authorities.—
The following sections of title 10, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
(1)
Section 2130a(a)(1), relating to nurse officer candidate accession program.
(2)
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
(b)

Title 37 Authorities.—
The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
(1)
Section 302c-1(f), relating to accession and retention bonuses for psychologists.
(2)
Section 302d(a)(1), relating to accession bonus for registered nurses.
(3)
Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.
(4)
Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.
(5)
Section 302h(a)(1), relating to accession bonus for dental officers.
(6)
Section 302j(a), relating to accession bonus for pharmacy officers.
(7)
Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.
(8)
Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.
SEC. 613.

ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
(1)
Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.
(2)
Section 312b(c), relating to nuclear career accession bonus.
(3)
Section 312c(d), relating to nuclear career annual incentive bonus.
SEC. 614.

ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.
The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
(1)
Section 331(h), relating to general bonus authority for enlisted members.
(2)
Section 332(g), relating to general bonus authority for officers.
(3)
Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.
(4)
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
(5)
Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
(6)
Section 351(h), relating to hazardous duty pay.
(7)
Section 352(g), relating to assignment pay or special duty pay.
(8)
Section 353(i), relating to skill incentive pay or proficiency bonus.
(9)
Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
SEC. 615.

ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of title 37, United States Code, are amended by striking “December 31, 2013” and inserting “December 31, 2014”:
(1)
Section 301b(a), relating to aviation officer retention bonus.
(2)
Section 307a(g), relating to assignment incentive pay.
(3)
Section 308(g), relating to reenlistment bonus for active members.
(4)
Section 309(e), relating to enlistment bonus.
(5)
Section 324(g), relating to accession bonus for new officers in critical skills.
(6)
Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.
(7)
Section 327(h), relating to incentive bonus for transfer between armed forces.
(8)
Section 330(f), relating to accession bonus for officer candidates.
SEC. 616.

ONE-YEAR EXTENSION OF AUTHORITY TO PROVIDE INCENTIVE PAY FOR MEMBERS OF PRECOMMISSIONING PROGRAMS PURSUING FOREIGN LANGUAGE PROFICIENCY.
Section 316a(g) of title 37, United States Code is amended by striking “December 31, 2013” and inserting “December 31, 2014”.
SEC. 617.

AUTHORITY TO PROVIDE BONUS TO CERTAIN CADETS AND MIDSHIPMEN ENROLLED IN THE SENIOR RESERVE OFFICERS’ TRAINING CORPS.
(a)

Bonus Authorized.—
Chapter 5 of title 37, United States Code, is amended by inserting after section 335 the following new section:
“SEC. 336.
[5 U.S.C. 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.”
.
(b)

Clerical Amendment.—
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 335 the following new item:
“336.
Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.”
.
SEC. 618.

HEALTH PROFESSIONS STIPEND PROGRAM TO OBTAIN COMMISSIONED OFFICERS IN THE RESERVE COMPONENTS.
(a)

Availability of Stipend for Registered Nurses in Critical Specialties.—
Subsection (d) of section 16201 of title 10, United States Code, is amended—
(1)
in paragraph (1), by striking subparagraph (B) and inserting the following new subparagraph:
“(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
(2)
in paragraph (2), by striking subparagraph (B) and inserting the following new subparagraph:
“(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;”
.
(b)

Service Required in Selected Reserve.—
Such section is further amended—
(1)
in subsection (a), by striking “the Ready Reserve” and inserting “the Selected Reserve of the Ready Reserve”;
(2)
in subsection (c)(2), by striking subparagraph (D) and inserting the following new subparagraph:
“(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.”
;
(3)
in subsection (d)(2), by striking subparagraph (D) and inserting the following new subparagraph:
“(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
(4)
in subsection (e)(2)(D), by striking “the Ready Reserve” and inserting “the Selected Reserve”.
(c)

Amount of Stipend.—
Subsection (g) of such section is amended to read as follows:
“(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.”
.
Subtitle C—

Travel and Transportation Allowances
SEC. 621.

TECHNICAL AND STANDARDIZING AMENDMENTS TO DEPARTMENT OF DEFENSE TRAVEL AND TRANSPORTATION AUTHORITIES IN CONNECTION WITH REFORM OF SUCH AUTHORITIES.
(a)

Escorts of Dependents of Members.—
(1)

Incorporation of escorts of dependents under general authority.—
Section 451(a)(2)(C) of title 37, United States Code, is amended by inserting before the period the following: “or as an escort or attendant for dependents of a member for necessary travel performed not later than one year after the member is unable to accompany the dependents who are incapable of traveling alone”.
(2)

Repeal of superseded authority.—
(A)
Section 1036 of title 10, United States Code, is repealed.
(B)
The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1036.
(b)

Travel and Transportation of Dependent Patients.—
Section 1040 of title 10, United States Code, is amended—
(1)
in subsection (a)(1), by striking “round-trip transportation” and all that follows through “may be paid at the expense of the United States” and inserting “travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants shall be furnished such travel and transportation allowances as specified in regulations prescribed under section 464 of title 37.”; and
(2)
by striking subsection (d).
(c)

Travel in Connection With Leave Cancelled Due to Contingency Operations.—
(1)

Incorporation of expenses under general authority.—
Section 453 of title 37, United States Code, is amended by adding at the end the following new subsection:
“(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)

Repeal of superseded authority.—
(A)
Section 1053a of title 10, United States Code, is repealed.
(B)
The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1053a.
(d)

Travel and Transportation for Travel for Specialty Health Care.—
Section 1074i of title 10, United States Code, is amended—
(1)
in subsection (a), by striking “reimbursement for reasonable travel expenses” and inserting “travel and transportation allowances as specified in regulations prescribed under section 464 of title 37”; and
(2)
in subsection (b), striking “Reimbursement for Travel Under Exceptional Circumstances.—The Secretary of Defense may provide reimbursement for reasonable travel expenses of” and inserting “Allowable Travel and Transportation Under Exceptional Circumstances.—The Secretary of Defense may provide travel and transportation allowances as specified in the regulations referred to in subsection (a) for”.
(e)

Travel and Transportation in Connection With the Disposition of Remains of Members.—
Section 1482(a)(8) of title 10, United States Code, is amended by striking “and roundtrip transportation and prescribed allowances” and inserting “and travel and transportation allowances as specified in regulations prescribed under section 464 of title 37”.
(f)

Travel and Transportation in Connection With Funeral Honors Functions at Funerals for Veterans.—
Section 1491(d)(1) of title 10, United States Code, is amended by striking “transportation (or reimbursement for transportation) and expenses” and inserting “travel and transportation allowances as specified in regulations prescribed under section 464 of title 37”.
(g)

Repeal of Redundant Authority on Motor Vehicle Transportation or Storage for Members Undergoing PCS or Extended Deployment.—
(1)

Repeal.—
Section 2634 of title 10, United States Code, is repealed.
(2)

Clerical amendment.—
The table of sections at the beginning of chapter 157 of such title is amended by striking the item relating to section 2634.
(h)

Clarification of Limitation on Transportation of Household Goods.—
Section 453(c)(3) of title 37, United States Code, is amended by striking “(including packing, crating, and household goods in temporary storage)” and inserting “(including household goods in temporary storage, but excluding packing and crating)”.
Subtitle D—

Disability, Retired Pay, and Survivor Benefits
SEC. 631.

CLARIFICATION OF PREVENTION OF RETIRED PAY INVERSION IN THE CASE OF MEMBERS WHOSE RETIRED PAY IS COMPUTED USING HIGH-THREE.
(a)

Clarification.—
Subsection (f) of section 1401a of title 10, United States Code, is amended—
(1)
in paragraph (1)—
(A)
by striking “Prevention of retired pay inversions.—Notwithstanding any other provision of law, the” and inserting “Prevention of retired pay inversions for members with retired pay computed using final basic pay.—The”; and
(B)
by inserting “who first became a member of a uniformed service before September 8, 1980, and” after “of an armed force”;
(2)
by redesignating paragraph (2) as paragraph (3); and
(3)
by inserting after paragraph (1) the following new paragraph (2):
“(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.”
.
(b)

Cross-reference Amendments.—
Such section is further amended by striking “subsection (f)(2)” in subsections (c)(1), (c)(2), (d), and (e) and inserting “subsection (f)(3)”.
(c)
[10 U.S.C. 1401a note]

Applicability.—
Paragraph (2) of section 1401a(f) of title 10, United States Code, as added by the amendment made by subsection (a)(3), applies to the computation of retired pay or retainer pay of any person who first became a member of a uniformed service on or after September 8, 1980, regardless of when the member first becomes entitled to retired or retainer pay.
SEC. 632.

PERIODIC NOTICE TO MEMBERS OF THE READY RESERVE ON EARLY RETIREMENT CREDIT EARNED FOR SIGNIFICANT PERIODS OF ACTIVE FEDERAL STATUS OR ACTIVE DUTY.
Section 12731(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(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.”
.
SEC. 633.
[10 U.S.C. 1475 note]

IMPROVED ASSISTANCE FOR GOLD STAR SPOUSES AND OTHER DEPENDENTS.
(a)

Advocates for Gold Star Spouses and Other Dependents.—
(1)
Each Secretary of a military department shall designate for each Armed Force under the jurisdiction of such Secretary a casualty assistance officer who is a member of such Armed Force or civilian employee of such military department to assist—
(A)
a spouse and any other dependent of a member of such Armed Force (including the reserve components thereof) who dies on active duty;
(B)
a dependent described in subparagraph (A) if the spouse of the deceased member dies and the dependent (or the guardian of such dependent) requests such assistance; and
(C)
an individual not described in subparagraph (A) or (B) who is entitled to a death gratuity under section 1475 of title 10, United States Code.
(2)
Casualty assistance officers described in paragraph (1) shall provide to survivors described in that paragraph the following services:
(A)
Addressing complaints by such survivors regarding casualty assistance or receipt of benefits authorized by law for such survivors.
(B)
Providing support to such survivors regarding such casualty assistance or receipt of such benefits.
(C)
Making reports to appropriate officers or officials in the Department of Defense or the military department concerned regarding resolution of such complaints, including recommendations regarding the settlement of claims with respect to such benefits, as appropriate.
(D)
Performing such other actions as the Secretary of the military department concerned considers appropriate.
(b)

Training for Casualty Assistance Personnel.—
(1)

Training program required.—
The Secretary of Defense shall implement a standardized comprehensive training program on casualty assistance for the following personnel of the Department of Defense:
(A)
Casualty assistance officers.
(B)
Casualty assistance calls officers.
(C)
Casualty assistance representatives.
(2)

General elements.—
The training program required by paragraph (1) shall include training designed to ensure that the personnel specified in that paragraph provide such a survivor with accurate information on the benefits to which they are entitled and other casualty assistance available to them when the member dies while serving on active duty in the Armed Forces.
(3)

Service-specific elements.—
The Secretary of the military department concerned may, in coordination with the Secretary of Defense, provide for the inclusion in the training program required by paragraph (1) that is provided to casualty assistance personnel of such military department such elements of training that are specific or unique to the requirements or particulars of the Armed Forces under the jurisdiction of such military department as the Secretary of the military department concerned considers appropriate.
(4)

Frequency of training.—
Training shall be provided under the program required by paragraph (1) not less often than annually.
(c)

ROTC Graduates.—
(1)

Treated as members.—
For purposes of this section, a graduate of a reserve officers' training corps who receives a commission and who dies before receiving a first duty assignment shall be treated as a member of the Armed Forces who dies while on active duty.
(2)

Effective date.—
This subsection applies to deaths on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.
Subtitle E—

Commissary and Nonappropriated Fund Instrumentality Benefits and Operations
SEC. 641.

EXPANSION OF PROTECTION OF EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES FROM REPRISALS.
Section 1587(b) of title 10, United States Code, is amended by inserting after “take or fail to take” the following: “, or threaten to take or fail to take,”.
SEC. 642.

MODERNIZATION OF TITLES OF NONAPPROPRIATED FUND INSTRUMENTALITIES FOR PURPOSES OF CERTAIN CIVIL SERVICE LAWS.
Section 2105(c) of title 5, United States Code, is amended in the matter preceding paragraph (1) by striking “Army and Air Force Motion Picture Service, Navy Ship’s Stores Ashore” and inserting “Navy Ships Stores Program”.
Subtitle F—

Other Matters
SEC. 651.

AUTHORITY TO PROVIDE CERTAIN EXPENSES FOR CARE AND DISPOSITION OF HUMAN REMAINS THAT WERE RETAINED BY THE DEPARTMENT OF DEFENSE FOR FORENSIC PATHOLOGY INVESTIGATION.
(a)

Disposition of Remains of Persons Whose Death Is Investigated by the Armed Forces Medical Examiner.—
(1)

Covered decedents.—
Section 1481(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(10)
To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose remains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title.”
.
(2)

Authorized expenses relating to care and disposition of remains.—
Section 1482 of such title is amended by adding at the end the following new subsection:
“(g)
(1)
The payment of expenses incident to the recovery, care, and disposition of the remains of a decedent covered by section 1481(a)(10) of this title is limited to those expenses that, as determined under regulations prescribed by the Secretary of Defense, would not have been incurred but for the retention of those remains for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title.
“(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)

Clarification of Coverage of Inurnment.—
Section 1482(a)(9) of such title is amended by inserting “or inurnment” after “Interment”.
(c)

Technical Amendment.—
Section 1482(f) of such title is amended by striking the third sentence and inserting the following new sentence: “The Secretary concerned may pay any other expenses relating to the remains of such a decedent that are authorized to be paid under this section only on a reimbursable basis.”.
SEC. 652.

STUDY OF THE MERITS AND FEASIBILITY OF PROVIDING TRANSITIONAL COMPENSATION AND OTHER TRANSITIONAL BENEFITS TO DEPENDENTS OF MEMBERS SEPARATED FOR VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE.
(a)

Study Required.—
The Secretary of Defense shall conduct a study regarding the merits and feasibility of providing transitional compensation and other transitional benefits to dependents or former dependents of members of the Armed Forces who are separated from the Armed Forces for a violation of the Uniform Code of Military Justice under the circumstances described in subsection (b).
(b)

Covered Members and Circumstances.—
The scope of the study required by subsection (a) is limited to those circumstances in which members of the Armed Forces—
(1)
are convicted by court-martial of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice);
(2)
are separated from active duty pursuant to the sentence of the court-martial; and
(3)
forfeit all pay and allowances pursuant to such sentence.
(c)

Study Elements.—
In conducting the study required by subsection (a), the Secretary of Defense shall consider the following:
(1)
The appropriateness of providing transitional compensation and other benefits, including commissary and exchange benefits, to dependents or former dependents of members described in subsection (b), particularly in situations in which such dependents or former dependents would be entitled, or soon be entitled, to such benefits on account of the years of service of a member.
(2)
Whether there may be instances in which the provision of such transitional compensation would not be appropriate.
(3)
Whether such transitional compensation should be limited to dependent children of members described in subsection (b).
(4)
The appropriate duration of such transitional compensation for such dependents or former dependents.
(5)
The potential duplication of such transitional compensation with benefits otherwise available for such dependents or former dependents under title 10, United States Code, or other laws.
(d)

Submission of Results.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the study required by subsection (a), including the Secretary’s determination regarding the need for transitional compensation.
TITLE VII—

HEALTH CARE PROVISIONS
Subtitle A—
TRICARE and Other Health Care Benefits
Sec. 701.
Future availability of TRICARE Prime for certain beneficiaries enrolled in TRICARE Prime.
Sec. 702.
Mental health care treatment through telemedicine.
Sec. 703.
Comprehensive policy on improvements to care and transition of members of the Armed Forces with urotrauma.
Sec. 704.
Pilot program on investigational treatment of members of the Armed Forces for traumatic brain injury and post-traumatic stress disorder.
Subtitle B—
Health Care Administration
Sec. 711.
Authority of Uniformed Services University of Health Sciences to enter into contracts and agreements and make grants to other nonprofit entities.
Sec. 712.
Pilot program on increased third-party collection reimbursements in military medical treatment facilities.
Sec. 7133.
Electronic health records of the Department of Defense and the Department of Veterans Affairs.
^3
See footnote relating to this item at the beginning of this Act.
Subtitle C—
Reports and Other Matters
Sec. 721.
Display of budget information for embedded mental health providers of the reserve components.
Sec. 722.
Report on role of Department of Veterans Affairs in certain Centers of Excellence.
Sec. 723.
Report on memorandum regarding traumatic brain injuries.
Sec. 724.
Report on provision of advanced prosthetics and orthotics to members of the Armed Forces and veterans.
Sec. 725.
Comptroller General reports on TRICARE recovery audit program and availability of compounded pharmaceuticals.
Subtitle A—

TRICARE and Other Health Care Benefits
SEC. 701.
[10 U.S.C. 1097a]

FUTURE AVAILABILITY OF TRICARE PRIME FOR CERTAIN BENEFICIARIES ENROLLED IN TRICARE PRIME.
Section 732 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1816) is amended—
(1)
by redesignating subsection (b) as subsection (c); and
(2)
by inserting after subsection (a) the following new subsection (b):
“(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.”
.
SEC. 702.
[10 U.S.C. 1145 note]

MENTAL HEALTH CARE TREATMENT THROUGH TELEMEDICINE.
(a)

Provision of Mental Health Care Via Telemedicine.—
(1)

In general.—
In carrying out the Transitional Assistance Management Program, the Secretary of Defense may extend the coverage of such program for covered individuals for an additional 180 days for mental health care provided through telemedicine.
(2)

Report.—
If the Secretary extends coverage under paragraph (1), by not later than one year after the date of carrying out such extension, the Secretary shall submit to the congressional defense committees a report that includes the following:
(A)
The rate at which individuals are using the extended coverage provided pursuant to paragraph (1).
(B)
A description of the mental health care provided pursuant to such subsection.
(C)
An analysis of how the Secretary and the Secretary of Veterans Affairs coordinate the continuation of care with respect to veterans who are no longer eligible for the Transitional Assistance Management Program.
(D)
Any other factors the Secretary of Defense determines necessary with respect to extending coverage of the Transitional Assistance Management Program.
(3)

Termination.—
The authority of the Secretary to carry out subsection (a) shall terminate on December 31, 2018.
(b)

Report on Use of Telemedicine.—
(1)

In general.—
Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the use of telemedicine to improve the diagnosis and treatment of post-traumatic stress disorder, traumatic brain injuries, and mental health conditions.
(2)

Elements.—
The report under paragraph (1) shall address the following:
(A)
The current status, as of the date of the report, of telemedicine initiatives within the Department of Defense to diagnose and treat post-traumatic stress disorder, traumatic brain injuries, and mental health conditions.
(B)
Plans for integrating telemedicine into the military health care system, including in health care delivery, records management, medical education, public health, and private sector partnerships.
(C)
The status of the integration of the telemedicine initiatives of the Department with the telemedicine initiatives of the Department of Veterans Affairs.
(D)
A description and assessment of challenges to the use of telemedicine as a means of in-home treatment, outreach in rural areas, and in settings that provide group treatment or therapy in connection with treatment of post-traumatic stress disorder, traumatic brain injuries, and mental health conditions, and a description and assessment of efforts to address such challenges.
(E)
A description of privacy issues related to the use of telemedicine for the treatment of post-traumatic stress disorder, traumatic brain injuries, and mental health conditions, and recommendations for mechanisms to remedy any privacy concerns relating to such use of telemedicine.
(F)
A description of professional licensing issues with respect to licensed medical providers who provide treatment using telemedicine.
(c)

Definitions.—
In this section:
(1)
The term “covered individual” means an individual who—
(A)
during the initial 180-day period of being enrolled in the Transitional Assistance Management Program, received any mental health care; or
(B)
during the one-year period preceding separation or discharge from the Armed Forces, received any mental health care.
(2)
The term “telemedicine” means the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient’s medical condition.
SEC. 703.
[10 U.S.C. 1071 note]

COMPREHENSIVE POLICY ON IMPROVEMENTS TO CARE AND TRANSITION OF MEMBERS OF THE ARMED FORCES WITH UROTRAUMA.
(a)

Comprehensive Policy Required.—
(1)

In general.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop and implement a comprehensive policy on improvements to the care, management, and transition of recovering members of the Armed Forces with urotrauma.
(2)

Scope of policy.—
The policy shall cover each of the following:
(A)
The care and management of the specific needs of members who are urotrauma patients, including eligibility for the Recovery Care Coordinator Program pursuant to the Wounded Warrior Act (10 U.S.C. 1071 note).
(B)
The return of members who have recovered to active duty when appropriate.
(C)
The transition of recovering members from receipt of care and services through the Department of Defense to receipt of care and services through the Department of Veterans Affairs.
(b)

Report.—
(1)

In general.—
Not later than one year after implementing the policy under subsection (a)(1), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate congressional committees a report that includes—
(A)
a review that identifies gaps in the care of members who are urotrauma patients; and
(B)
suggested options to respond to such gaps.
(2)

Appropriate congressional committees defined.—
In this subsection, the term “appropriate congressional committees” means the following:
(A)
The Committees on Armed Services of the Senate and the House of Representatives.
(B)
The Committees on Veterans’ Affairs of the Senate and the House of Representatives.
SEC. 704.
[10 U.S.C. 1074 note]

PILOT PROGRAM ON INVESTIGATIONAL TREATMENT OF MEMBERS OF THE ARMED FORCES FOR TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER.
(a)

Pilot Program Authorized.—
The Secretary of Defense shall carry out a pilot program under which the Secretary shall establish a process for randomized placebo-controlled clinical trials of investigational treatments (including diagnostic testing) of traumatic brain injury or post-traumatic stress disorder received by members of the Armed Forces in health care facilities other than military treatment facilities.
(b)

Conditions for Approval.—
The approval by the Secretary for a treatment pursuant to subsection (a) shall be subject to the following conditions:
(1)
Any drug or device used in the treatment must be approved, cleared, or made subject to an investigational use exemption by the Food and Drug Administration, and the use of the drug or device must comply with rules of the Food and Drug Administration applicable to investigational new drugs or investigational devices.
(2)
The treatment must be approved by the Secretary following approval by an institutional review board operating in accordance with regulations issued by the Secretary of Health and Human Services, in addition to regulations issued by the Secretary of Defense regarding institutional review boards.
(3)
The patient receiving the treatment may not be a retired member of the Armed Forces who is entitled to benefits under part A, or eligible to enroll under part B, of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
(c)

Additional Restrictions Authorized.—
The Secretary may establish additional restrictions or conditions as the Secretary determines appropriate to ensure the protection of human research subjects, appropriate fiscal management, and the validity of the research results.
(d)

Data Collection and Availability.—
The Secretary shall develop and maintain a database containing data from each patient case involving the use of a treatment under this section. The Secretary shall ensure that the database preserves confidentiality and that any use of the database or disclosures of such data are limited to such use and disclosures permitted by law and applicable regulations.
(e)

Reports to Congress.—
Not later than 30 days after the last day of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of this section and any available results on investigational treatment clinical trials authorized under this section during such fiscal year.
(f)

Termination.—
The authority of the Secretary to carry out the pilot program authorized by subsection (a) shall terminate on December 31, 2018.
Subtitle B—

Health Care Administration
SEC. 711.

AUTHORITY OF UNIFORMED SERVICES UNIVERSITY OF HEALTH SCIENCES TO ENTER INTO CONTRACTS AND AGREEMENTS AND MAKE GRANTS TO OTHER NONPROFIT ENTITIES.
Section 2113(g)(1) of title 10, United States Code, is amended—
(1)
in subparagraph (B)—
(A)
by inserting “, or any other nonprofit entity” after “Military Medicine”; and
(B)
by inserting “, or nonprofit entity,” after “such Foundation”; and
(2)
in subparagraph (C)—
(A)
by inserting “, or any other nonprofit entity,” after “Military Medicine”; and
(B)
by inserting “, or nonprofit entity,” after “such foundation”.
SEC. 712.
[10 U.S.C. 1095 note]

PILOT PROGRAM ON INCREASED THIRD-PARTY COLLECTION REIMBURSEMENTS IN MILITARY MEDICAL TREATMENT FACILITIES.
(a)

Pilot Program.—
(1)

In general.—
The Secretary of Defense, in coordination with the Secretaries of the military departments, shall carry out a pilot program to demonstrate and assess the feasibility of implementing processes described in paragraph (2) to increase the amounts collected under section 1095 of title 10, United States Code, from a third-party payer for charges for health care services incurred by the United States at a military medical treatment facility.
(2)

Processes described.—
The processes described in this paragraph are commercially available enhanced recovery practices for medical payment collection, including revenue-cycle management together with rates and percentages of collection in accordance with industry standards for such practices.
(b)

Requirements.—
In carrying out the pilot program under subsection (a)(1), the Secretary shall—
(1)
identify and analyze the best practice option, including commercial best practices, with respect to the processes described in subsection (a)(2) that are used in nonmilitary health care facilities; and
(2)
conduct a cost-benefit analysis to assess measurable results of the pilot program, including an analysis of—
(A)
the different processes used in the pilot program;
(B)
the amount of third-party collections that resulted from such processes;
(C)
the cost to implement and sustain such processes; and
(D)
any other factors the Secretary determines appropriate to assess the pilot program.
(c)

Locations.—
The Secretary shall carry out the pilot program under subsection (a)(1)—
(1)
at military installations that have a military medical treatment facility with inpatient and outpatient capabilities; and
(2)
at a number of such installations of different military departments that the Secretary determines sufficient to fully assess the results of the pilot program.
(d)

Duration.—
The Secretary shall commence the pilot program under subsection (a)(1) by not later than 270 days after the date of the enactment of this Act and shall carry out such program for three years.
(e)

Report.—
Not later than 180 days after completing the pilot program under subsection (a)(1), the Secretary shall submit to the congressional defense committees a report describing the results of the program, including—
(1)
a comparison of—
(A)
the processes described in subsection (a)(2) that were used in the military medical treatment facilities participating in the program; and
(B)
the third-party collection processes used by military medical treatment facilities not included in the program;
(2)
a cost analysis of implementing the processes described in subsection (a)(2) for third-party collections at military medical treatment facilities;
(3)
an assessment of the program, including any recommendations to improve third-party collections; and
(4)
an analysis of the methods employed by the military departments prior to the program with respect to collecting charges from third-party payers incurred at military medical treatment facilities, including specific data with respect to the dollar amount of third-party collections that resulted from each method used throughout the military departments.
Subtitle C—

Reports and Other Matters
SEC. 721.

DISPLAY OF BUDGET INFORMATION FOR EMBEDDED MENTAL HEALTH PROVIDERS OF THE RESERVE COMPONENTS.
(a)

In General.—
Chapter 9 of title 10, United States Code, is amended by adding after section 236, as added by section 141 of this Act, the following new section:
“SEC. 237.
[10 U.S.C. 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.”
.
(b)

Clerical Amendment.—
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“237.
Embedded mental health providers of the reserve components: display of budget information.”
.
SEC. 722.

REPORT ON ROLE OF DEPARTMENT OF VETERANS AFFAIRS IN CERTAIN CENTERS OF EXCELLENCE.
(a)

Report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report on covered centers of excellence. Such report shall include the following with respect to each covered center of excellence:
(1)
The amount of resources obligated by the Secretary of Veterans Affairs in support of the center beginning on the date on which the center was established, including the amount of funds, personnel, time, and functions provided in support of the center.
(2)
An estimate of the amount of resources the Secretary plans to dedicate to the center during each of fiscal years 2014 through 2018.
(3)
A description of the role of the Secretary.
(b)

Definitions.—
In this section:
(1)
The term “appropriate congressional committees” means the following:
(A)
The Committees on Armed Services and Veterans’ Affairs of the House of Representatives.
(B)
The Committees on Armed Services and Veterans’ Affairs of the Senate.
(2)
The term “covered centers of excellence” means the following:
(A)
The centers established under sections 1621, 1622, and 1623 of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note).
(B)
The center established under section 721 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 1071 note).
(C)
The center established under section 723 of such Act (Public Law 110-417; 122 Stat. 4508).
SEC. 723.

REPORT ON MEMORANDUM REGARDING TRAUMATIC BRAIN INJURIES.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on how the Secretary identifies, refers, and treats traumatic brain injuries with respect to members of the Armed Forces who served in Operation Enduring Freedom or Operation Iraqi Freedom before the effective date in June 2010 of directive type memorandum 09-033 titled “Policy Guidance for Management of Concussion/Mild Traumatic Brain Injury in the Deployed Setting”, regarding using a 50-meter distance from an explosion as a criterion to properly identify, refer, and treat members for potential traumatic brain injury.
SEC. 724.

REPORT ON PROVISION OF ADVANCED PROSTHETICS AND ORTHOTICS TO MEMBERS OF THE ARMED FORCES AND VETERANS.
(a)

Report Required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the plans of the Department of Defense and the Department of Veterans Affairs, respectively, to ensure that the most clinically appropriate prosthetics and orthotics are made available to injured members of the Armed Forces and veterans using technological advances as appropriate. Such report shall include a description of the processes of each Secretary with respect to coordinating and identifying care in the Department of Veterans Affairs for an injured member of the Armed Forces who, prior to the member being discharged or released from the Armed Forces, has an advanced technology prosthetic.
(b)

Covered Prosthetics and Orthotics.—
The prosthetics and orthotics to be covered by the report under subsection (a) shall include powered prosthetics and orthotics that will enable members of the Armed Forces and veterans who have suffered amputation and, in the case of orthotics wearers, other injuries with limb salvage, to restore functionality to the maximum extent practicable.
(c)

Appropriate Committees of Congress Defined.—
In this section, the term “appropriate committees of Congress” means—
(1)
the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and
(2)
the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives.
SEC. 725.

COMPTROLLER GENERAL REPORTS ON TRICARE RECOVERY AUDIT PROGRAM AND AVAILABILITY OF COMPOUNDED PHARMACEUTICALS.
(a)

Recovery Audit Program.—
(1)

Report.—
Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report that evaluates the similarities and differences of Medicare and the TRICARE program with respect to identifying and recovering improper payments.
(2)

Elements.—
The report shall contain an evaluation of the following:
(A)
Claims processing efforts of both Medicare and the TRICARE program to prevent improper payments by denying claims prior to payment.
(B)
Claims processing efforts of both Medicare and the TRICARE program to correct improper payments post-payment.
(C)
The effectiveness of post-payment audit programs of both Medicare and the TRICARE program to identify and correct improper payments that are returned to Medicare or the TRICARE program, respectively.
(b)

Compounded Pharmaceuticals.—
(1)

Report.—
Not later than September 30, 2014, the Comptroller General shall submit to the congressional defense committees a report on the availability of compounded pharmaceuticals in the military health care system.
(2)

Elements.—
The report under paragraph (1) shall include the following:
(A)
A description of the number of prescriptions for compounded pharmaceuticals processed, and the types of compounded pharmaceuticals dispensed, during fiscal year 2013 in pharmacy venues.
(B)
A description of the categories of eligible beneficiaries who received compounded pharmaceuticals in each pharmacy venue during fiscal year 2013.
(C)
A description of the claims reimbursement methodology used by the manager of the TRICARE pharmacy benefits program to reimburse pharmacy providers for compounded pharmaceuticals, and an assessment of the manner in which such methodology compares with reimbursement methodologies used by other health programs of the Federal Government.
(D)
A review of the existing accreditation standards, as of the date of the report, intended to assure the safety and efficacy of compounded pharmaceuticals available through the military health care system.
(3)

Pharmacy venue defined.—
In this subsection, the term “pharmacy venue” means facilities of the uniformed services, retail pharmacies, and the national mail-order pharmacy program, as described in section 1074g(a)(2)(E) of title 10, United States Code.
TITLE VIII—

ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A—
Acquisition Policy and Management
Sec. 801.
Enhanced transfer of technology developed at Department of Defense laboratories.
Sec. 802.
Extension of limitation on aggregate annual amount available for contract services.
Sec. 803.
Identification and replacement of obsolete electronic parts.
Subtitle B—
Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 811.
Government-wide limitations on allowable costs for contractor compensation.
Sec. 812.
Inclusion of additional cost estimate information in certain reports.
Sec. 813.
Amendment relating to compelling reasons for waiving suspension or debarment.
Sec. 814.
Extension of pilot program on acquisition of military purpose nondevelopmental items.
Subtitle C—
Provisions Relating to Major Defense Acquisition Programs
Sec. 821.
Synchronization of cryptographic systems for major defense acquisition programs.
Sec. 822.
Assessment of dedicated ground control system before Milestone B approval of major defense acquisition programs constituting a space program.
Sec. 823.
Additional responsibility for product support managers for major weapon systems.
Sec. 824.
Comptroller General review of Department of Defense processes for the acquisition of weapon systems.
Subtitle D—
Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan
Sec. 831.
Prohibition on contracting with the enemy.
Sec. 832.
Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.
Subtitle A—

Acquisition Policy and Management
SEC. 801.
[10 U.S.C. 2514 note]

ENHANCED TRANSFER OF TECHNOLOGY DEVELOPED AT DEPARTMENT OF DEFENSE LABORATORIES.
(a)

Definitions.—
As used in this section:
(1)
The term “military department” has the meaning provided in section 101 of title 10, United States Code.
(2)
The term “DOD laboratory” or “laboratory” means any facility or group of facilities that—
(A)
is owned, leased, operated, or otherwise used by the Department of Defense; and
(B)
meets the definition of “laboratory” as provided in subsection (d)(2) of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
(b)

Authority.—
(1)

In general.—
The Secretary of Defense and the Secretary of a military department each may authorize the heads of DOD laboratories to grant nonexclusive, exclusive, or partially exclusive licenses, royalty free or for royalties or for rights to other intellectual property, for computer software and its related documentation developed at a DOD laboratory, but only if—
(A)
the computer software and related documentation would be a trade secret under the meaning of section 552(b)(4) of title 5, United States Code, if the information had been obtained from a non-Federal party;
(B)
the public is notified of the availability of the software and related documentation for licensing and interested parties have a fair opportunity to submit applications for licensing;
(C)
such licensing activities and licenses comply with the requirements under section 209 of title 35, United States Code; and
(D)
the software originally was developed to meet the military needs of the Department of Defense.
(2)

Protections against unauthorized disclosure.—
The Secretary of Defense and the Secretary of a military department each shall provide appropriate precautions against the unauthorized disclosure of any computer software or documentation covered by paragraph (1)(A), including exemption from section 552 of title 5, United States Code, for a period of up to 5 years after the development of the computer software by the DOD laboratory.
(c)

Royalties.—
(1)

Use of royalties.—
Except as provided in paragraph (2), any royalties or other payments received by the Department of Defense or a military department from licensing computer software or documentation under paragraph (b)(1) shall be retained by the Department of Defense or the military department and shall be disposed of as follows:
(A)
(i)
The Department of Defense or the military department shall pay each year the first $2,000, and thereafter at least 15 percent, of the royalties or other payments, to be divided among the employees who developed the computer software.
(ii)
The Department of Defense or the military department may provide appropriate lesser incentives, from the royalties or other payments, to laboratory employees who are not developers of such computer software but who substantially increased the technical value of the software.
(iii)
The Department of Defense or the military department shall retain the royalties and other payments received until it makes payments to employees of a DOD laboratory under clause (i) or (ii).
(iv)
The Department of Defense or the military department may retain an amount reasonably necessary to pay expenses incidental to the administration and distribution of royalties or other payments under this section by an organizational unit of the Department of Defense or military department other than its laboratories.
(B)
The balance of the royalties or other payments shall be transferred by the Department of Defense or the military department to its laboratories, with the majority share of the royalties or other payments going to the laboratory where the development occurred. The royalties or other payments so transferred to any DOD laboratory may be used or obligated by that laboratory during the fiscal year in which they are received or during the 2 succeeding fiscal years—
(i)
to reward scientific, engineering, and technical employees of the DOD laboratory, including developers of sensitive or classified technology, regardless of whether the technology has commercial applications;
(ii)
to further scientific exchange among the laboratories of the agency;
(iii)
for education and training of employees consistent with the research and development missions and objectives of the Department of Defense, military department, or DOD laboratory, and for other activities that increase the potential for transfer of the technology of the DOD laboratory;
(iv)
for payment of expenses incidental to the administration and licensing of computer software or other intellectual property made at the DOD laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for intellectual property management and licensing services; or
(v)
for scientific research and development consistent with the research and development missions and objectives of the DOD laboratory.
(C)
All royalties or other payments retained by the Department of Defense, military department, or DOD laboratory after payments have been made pursuant to subparagraphs (A) and (B) that are unobligated and unexpended at the end of the second fiscal year succeeding the fiscal year in which the royalties and other payments were received shall be paid into the Treasury of the United States.
(2)

Exception.—
If, after payments under paragraph (1)(A), the balance of the royalties or other payments received by the Department of Defense or the military department in any fiscal year exceed 5 percent of the funds received for use by the DOD laboratory for research, development, engineering, testing, and evaluation or other related administrative, processing, or value-added activities for that year, 75 percent of such excess shall be paid to the Treasury of the United States and the remaining 25 percent may be used or obligated under paragraph (1)(B). Any funds not so used or obligated shall be paid into the Treasury of the United States.
(3)

Status of payments to employees.—
Any payment made to an employee under this section shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which the employee is otherwise entitled or for which the employee is otherwise eligible or limit the amount thereof except that the monetary value of an award for the same project or effort shall be deducted from the amount otherwise available under this paragraph. Payments, determined under the terms of this paragraph and made to an employee developer as such, may continue after the developer leaves the DOD laboratory or the Department of Defense or military department. Payments made under this section shall not exceed $75,000 per year to any one person, unless the President approves a larger award (with the excess over $75,000 being treated as a Presidential award under section 4504 of title 5, United States Code).
(d)

Data Collection.—
The Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under this section for the purposes of—
(1)
developing and sharing best practices; and
(2)
providing information to the Secretary of Defense and Congress on the use of authority under this section and related policy issues.
(e)

Report.—
The Secretary of Defense shall submit a report to the congressional defense committees on the activities carried out under this section not later than December 31, 2025.
(f)

Expiration.—
The authority provided in this section shall expire on December 31, 2021.
SEC. 802.

EXTENSION OF LIMITATION ON AGGREGATE ANNUAL AMOUNT AVAILABLE FOR CONTRACT SERVICES.
Section 808 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1489) is amended—
(1)
in subsections (a) and (b), by striking “fiscal year 2012 or 2013” and inserting “fiscal year 2012, 2013, or 2014”;
(2)
in subsection (c)—
(A)
by striking “during fiscal years 2012 and 2013” in the matter preceding paragraph (1);
(B)
by striking paragraphs (1) and (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively; and
(C)
in paragraph (3), as so redesignated, by striking “fiscal years 2012 and 2013” and inserting “fiscal years 2012, 2013, and 2014”;
(3)
in subsection (d)(4), by striking “fiscal year 2012 or 2013” and inserting “fiscal year 2012, 2013, or 2014”; and
(4)
by adding at the end the following new subsection:
“(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.”
.
SEC. 803.

IDENTIFICATION AND REPLACEMENT OF OBSOLETE ELECTRONIC PARTS.
(a)

In General.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement a process for the expedited identification and replacement of obsolete electronic parts included in acquisition programs of the Department of Defense.
(b)

Issues To Be Addressed.—
At a minimum, the expedited process established pursuant to subsection (a) shall—
(1)
include a mechanism pursuant to which contractors, or other sources of supply, may provide to appropriate Department of Defense officials information that identifies—
(A)
obsolete electronic parts that are included in the specifications for an acquisition program of the Department of Defense; and
(B)
suitable replacements for such electronic parts;
(2)
specify timelines for the expedited review and validation of information submitted by contractors, or other sources of supply, pursuant to paragraph (1);
(3)
specify procedures and timelines for the rapid submission and approval of engineering change proposals needed to accomplish the substitution of replacement parts that have been validated pursuant to paragraph (2);
(4)
provide for any incentives for contractor participation in the expedited process that the Secretary may determine to be appropriate; and
(5)
provide that, in addition to the responsibilities under section 2337 of title 10, United States Code, a product support manager for a major weapon system shall work to identify obsolete electronic parts that are included in the specifications for an aquisition program of the Department of Defense and approve suitable replacements for such electronic parts.
(c)

Additional Matters.—
For the purposes of this section—
(1)
an electronic part is obsolete if—
(A)
the part is no longer in production; and
(B)
the original manufacturer of the part and its authorized dealers do not have sufficient parts in stock to meet the requirements of such an acquisition program; and
(2)
an electronic part is a suitable replacement for an obsolete electronic part if—
(A)
the part could be substituted for an obsolete part without incurring unreasonable expense and without degrading system performance; and
(B)
the part is or will be available in sufficient quantity to meet the requirements of such an acquisition program.
Subtitle B—

Amendments to General Contracting Authorities, Procedures, and Limitations
SEC. 811.

GOVERNMENT-WIDE LIMITATIONS ON ALLOWABLE COSTS FOR CONTRACTOR COMPENSATION.
(a)

Amendment Relating to Contractor Employees Under Defense Contracts.—
Subparagraph (P) of section 2324(e)(1) of title 10, United States Code, is amended to read as follows:
“(P)
Costs of compensation of any contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds $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.”
.
(b)

Amendment Relating to Contractor Employees Under Civilian Agency Contracts.—
Paragraph (16) of section 4304(a) of title 41, United States Code, is amended to read as follows:
“(16)
Costs of compensation of any contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds $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.”
.
(c)

Conforming Amendments.—
Chapter 11 of title 41, United States Code, is amended—
(1)
by striking section 1127; and
(2)
by striking the item relating to that section in the table of sections at the beginning of such chapter.
(d)
[10 U.S.C. 2324 note]

Effective Date.—
The amendments made by this section shall apply with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after the date of the enactment of this Act.
SEC. 812.

INCLUSION OF ADDITIONAL COST ESTIMATE INFORMATION IN CERTAIN REPORTS.
(a)

Additional Information Required To Be Included in Selected Acquisition Reports.—
Section 2432(c)(1) of title 10, United States Code, is amended—
(1)
by redesignating subparagraphs (B), (C), and (D) as subparagraphs (E), (F), and (G), respectively;
(2)
by inserting after subparagraph (A) the following new subparagraphs (B), (C), and (D):
“(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;”
;
(3)
in subparagraph (E), as so redesignated—
(A)
by striking “major defense acquisition program or designated major subprogram” and inserting “such program or subprogram”;
(B)
by inserting “program acquisition cost and” after “current”the first place it appears;
(C)
by striking “that cost” and inserting “those costs”; and
(D)
by striking “date the program or subprogram was first included in a Selected Acquisition Report” and inserting “December 2001 reporting period”; and
(4)
in subparagraph (F), as so redesignated—
(A)
by striking “major defense acquisition program or designated major subprogram” and inserting “such program or subprogram”; and
(B)
by striking “date the program or subprogram was first included in a Selected Acquisition Report” and inserting “December 2001 reporting period”.
(b)
[10 U.S.C. 2432 note]

Phase-In of Additional Information Requirements.—
Section 2432(c)(1) of title 10, United States Code, as amended by subsection (a), shall apply to Selected Acquisition Reports after the date of the enactment of this Act as follows:
(1)
For the December 2014 reporting period, to Selected Acquisition Reports for five major defense acquisition programs or designated major subprograms, as determined by the Secretary.
(2)
For the December 2019 reporting period and each reporting period thereafter, to Selected Acquisition Reports for all major defense acquisition programs or designated major subprograms.
(c)

Additional Duties of Director of Cost Assessment and Program Evaluation With Respect to Selected Acquisition Reports.—
(1)

Review required.—
Section 2334(a) of title 10, United States Code, is amended—
(A)
by striking “and” at the end of paragraph (6);
(B)
by striking the period and inserting “; and” at the end of paragraph (7); and
(C)
by adding at the end the following new paragraph (8):
“(8)
annually review the cost and associated information required to be included, by section 2432(c)(1) of this title, in the Selected Acquisition Reports required by that section.”
.
(2)

Additional information required in annual report.—
Section 2334(f)(1) of such title is amended—
(A)
by striking “report, an assessment of—” and inserting “report—”;
(B)
in each of subparagraphs (A), (B), and (C), by inserting “an assessment of” before the first word of the text;
(C)
in subparagraph (B), by striking “and” at the end;
(D)
in subparagraph (C), by striking the period at the end and inserting “; and”; and
(E)
by adding at the end the following new subparagraph:
“(D)
a summary of the cost 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.”
.
SEC. 813.

AMENDMENT RELATING TO COMPELLING REASONS FOR WAIVING SUSPENSION OR DEBARMENT.
Section 2393(b) of title 10, United States Code, is amended in the second sentence by striking “in a file available for public inspection” and inserting “on a publicly accessible website to the maximum extent practicable”.
SEC. 814.

EXTENSION OF PILOT PROGRAM ON ACQUISITION OF MILITARY PURPOSE NONDEVELOPMENTAL ITEMS.
Section 866(f)(1) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4296; 10 U.S.C. 2302 note) is amended by striking “the date that is five years after the date of the enactment of this Act.” and inserting “December 31, 2019.”.
Subtitle C—

Provisions Relating to Major Defense Acquisition Programs
SEC. 821.

SYNCHRONIZATION OF CRYPTOGRAPHIC SYSTEMS FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a)

In General.—
Section 2366b(a)(3) of title 10, United States Code, is amended—
(1)
in subparagraph (F), by striking “and” at the end;
(2)
by redesignating subparagraph (G) as subparagraph (H); and
(3)
by inserting after subparagraph (F) the following new subparagraph (G):
“(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”
.
(b)
[10 U.S.C. 2366 note]

Effective Date.—
The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to major defense acquisition programs which are subject to Milestone B approval on or after the date occurring six months after the date of the enactment of this Act.
SEC. 822.

ASSESSMENT OF DEDICATED GROUND CONTROL SYSTEM BEFORE MILESTONE B APPROVAL OF MAJOR DEFENSE ACQUISITION PROGRAMS CONSTITUTING A SPACE PROGRAM.
(a)

Cost Benefit Analysis Required.—
Section 2366b(a) of title 10, United States Code, is amended—
(1)
in paragraph (2), by striking “and” at the end;
(2)
in paragraph (3), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following new paragraph:
“(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.”
.
(b)

Requirement for Plan and Briefing.—
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
(1)
develop a Department of Defense-wide long-term plan for satellite ground control systems, including the Department’s Air Force Satellite Control Network; and
(2)
brief the congressional defense committees on such plan.
SEC. 823.

ADDITIONAL RESPONSIBILITY FOR PRODUCT SUPPORT MANAGERS FOR MAJOR WEAPON SYSTEMS.
Section 2337(b)(2) of title 10, United States Code, is amended—
(1)
in subparagraph (G), by striking “and” at the end;
(2)
in subparagraph (H), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following new subparagraph:
“(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.”
.
SEC. 824.

COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE PROCESSES FOR THE ACQUISITION OF WEAPON SYSTEMS.
(a)

Review Required.—
The Comptroller General of the United States shall carry out a comprehensive review of the processes and procedures of the Department of Defense for the acquisition of weapon systems.
(b)

Objective of Review.—
The objective of the review required by subsection (a) shall be to identify processes and procedures for the acquisition of weapon systems that provide little or no value added or for which any value added is outweighed by cost or schedule delays without adding commensurate value.
(c)

Report.—
Not later than January 31, 2015, the Comptroller General shall submit to the congressional defense committees a report on the results of the review required by subsection (a) and based on the objective set forth in subsection (b). The report shall include, at a minimum, the following:
(1)
A statement of any processes, procedures, organizations, or layers of review that are recommended by the Comptroller General for modification or elimination, including the rationale for the modification or elimination recommended based on the objective set forth in subsection (b).
(2)
Such other findings and recommendations, including recommendations for legislative or administrative action, as the Comptroller General considers appropriate in light of the review required by subsection (a) and the objective set forth in subsection (b).
Subtitle D—

Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan
SEC. 831.4
[10 U.S.C. 2302 note]

PROHIBITION ON CONTRACTING WITH THE ENEMY.
(a)

Authority To Terminate or Void Contracts, Grants, and Cooperative Agreements and To Restrict Future Award.—
(1)

Identification of persons and entities.—
The Secretary of Defense shall establish in each covered combatant command a program to identify persons or entities, within the area of responsibility of such covered combatant command, that—
^4
Effective on September 15, 2015, section 841(m)(2) of division A of Public Law 113-291 provides for an amendment to repeal section 831.
(A)
provide funds received under a contract, grant, or cooperative agreement of the Department of Defense directly or indirectly to a covered person or entity; or
(B)
fail to exercise due diligence to ensure that none of the funds received under a contract, grant, or cooperative agreement of the Department of Defense are provided directly or indirectly to a covered person or entity.
(2)

Notice of persons or entities identified.—
Upon the identification of a person or entity as meeting subparagraph (A) or (B) of paragraph (1), the commander of the combatant command concerned, and any deputies of the commander specified by the commander for purposes of this section, shall be notified in writing of such identification of such person or entity.
(3)

Responsive actions.—
Upon receipt of a notice under paragraph (2), the commander of the combatant command concerned may, in consultation with the Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the appropriate Chief of Mission, notify the heads of appropriate contracting activities, in writing, of such identification and request that the heads of such contracting activities exercise the authorities provided pursuant to paragraph (4) and the Department of Defense Supplement to the Federal Acquisition Regulation, as revised, with respect to any contract, grant, or cooperative agreement that provides funding directly or indirectly to the person or entity covered by the notice.
(4)

Authorities.—
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to authorize the head of a contracting activity in each covered combatant command, pursuant to a request from the commander of a covered combatant command under paragraph (3)—
(A)
to prohibit, limit, or otherwise place restrictions on the award of any Department of Defense contract, grant, or cooperative agreement to a person or entity identified pursuant to paragraph (1)(A);
(B)
to terminate for default any Department contract, grant, or cooperative agreement awarded to a person or entity identified pursuant to paragraph (1)(B); or
(C)
to void in whole or in part any Department contract, grant, or cooperative agreement awarded to a person or entity identified pursuant to paragraph (1)(A).
(b)

Contract Clause.—
(1)

In general.—
Not later than 30 days after the date of the enactment of this Act, the Department of Defense Supplement to the Federal Acquisition Regulation shall be revised to require that—
(A)
the clause described in paragraph (2) shall be included in each covered contract, grant, and cooperative agreement of the Department of Defense that is awarded on or after the date of the enactment of this Act; and
(B)
to the maximum extent practicable, each covered contract, grant, and cooperative agreement of the Department of Defense that is awarded before the date of the enactment of this Act shall be modified to include the clause described in paragraph (2).
(2)

Clause described.—
The clause described in this paragraph is a clause that—
(A)
requires the contractor, or the recipient of the grant or cooperative agreement, to exercise due diligence to ensure that none of the funds received under the contract, grant, or cooperative agreement are provided directly or indirectly to a covered person or entity; and
(B)
notifies the contractor, or the recipient of the grant or cooperative agreement, of the authority of the head of the contracting activity to terminate or void the contract, grant, or cooperative agreement, in whole or in part.
(3)

Covered contract, grant, or cooperative agreement.—
In this subsection, the term “covered contract, grant, or cooperative agreement” means a contract, grant, or cooperative agreement with an estimated value in excess of $50,000.
(4)

Treatment as void.—
For purposes of subsection (a)(4) and the exercise under subsection (a)(3) of the authorities in the Department of Defense Supplement to the Federal Acquisition Regulation pursuant to this subsection:
(A)
A contract, grant, or cooperative agreement that is void is unenforceable as contrary to public policy.
(B)
A contract, grant, or cooperative agreement that is void in part is unenforceable as contrary to public policy with regard to a segregable task or effort under the contract, grant, or cooperative agreement.
(c)

Requirements Following Contract Actions.—
Not later than 30 days after the date of the enactment of this Act, the Department of Defense Supplement to the Federal Acquisition Regulation shall be revised as follows:
(1)
To require that any head of contracting activity taking an action pursuant to subsection (a)(3) or (a)(4) to terminate, void, or restrict a contract, grant, or cooperative agreement notify in writing the contractor or recipient of the grant or cooperative agreement, as applicable, of the action.
(2)
To permit, in such manner as the Department of Defense Supplement to the Federal Acquisition Regulation as so revised shall provide, the contractor or recipient of a grant or cooperative agreement subject to an action taken pursuant to subsection (a)(3) or (a)(4) to terminate or void the contract, grant, or cooperative agreement, as the case may be, an opportunity to challenge the action by requesting administrative review within 30 days after receipt of notice of the action.
(d)

Annual Review.—
The commanders of the covered combatant commands shall, on an annual basis, review the lists of persons and entities previously identified pursuant to subsection (a)(1) in order to determine whether or not such persons and entities continue to warrant identification pursuant to that subsection. If a commander determines pursuant to such a review that a person or entity no longer warrants identification pursuant to subsection (a)(1), the commander shall notify the heads of contracting activities of the Department of Defense in writing of such determination.
(e)

Protection of Classified Information.—
Classified information relied upon to make an identification pursuant to subsection (a)(1) may not be disclosed to a contractor or a recipient of a grant or cooperative agreement with respect to which an action is taken pursuant to subsection (a)(3) or (a)(4) or to their representatives, in the absence of a protective order issued by a court of competent jurisdiction established under Article I or Article III of the Constitution of the United States that specifically addresses the conditions upon which such classified information may be so disclosed.
(f)

Delegation.—
(1)

Responsibilities relating to identification and review.—
The commander of a covered combatant command may delegate the responsibilities in subsection (a)(3) to any deputies of the commander specified by the commander pursuant to that subsection. The commander may delegate any responsibilities under subsection (d) to the deputy commander of the combatant command. Any delegation of responsibilities under this paragraph shall be made in writing.
(2)

Nondelegation of responsibility for contract actions.—
The authority provided by subsections (a)(3) and (a)(4) to terminate, void, or restrict contracts, grants, and cooperative agreements may not be delegated below the level of head of contracting activity.
(g)

Inclusion of Information on Contract Actions in FAPIIS.—
Upon the termination, voiding, or restriction of a contract, grant, or cooperative agreement pursuant to subsection (a)(3) or (a)(4), the head of contracting activity concerned shall provide for the inclusion in the Federal Awardee Performance and Integrity Information System (FAPIIS), or other formal system of records on contractors or entities, of appropriate information on the termination, voiding, or restriction of the contract, grant, or cooperative agreement.
(h)

Reports.—
(1)

In general.—
Not later than March 1 each year through 2019, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authorities in this section in the preceding calendar year, including the following:
(A)
For each instance in which a contract, grant, or cooperative agreement was terminated or voided, or entry into contracts, grants, and cooperative agreements was restricted, pursuant to subsection (a)(3) or (a)(4), the following:
(i)
An explanation of the basis for the action taken.
(ii)
The value of the contract, grant, or cooperative agreement terminated or voided.
(iii)
The value of all contracts, grants, or cooperative agreements of the Department of Defense in force with the person or entity concerned at the time the contract, grant, or cooperative agreement was terminated or voided.
(iv)
Information on how the goods or services covered by the terminated or voided contract, grant, or cooperative agreement were otherwise obtained by the commander of the combatant command concerned.
(B)
For each instance in which a contract, grant, or cooperative agreement of a person or entity identified pursuant to subsection (a)(1) was not terminated or voided pursuant to subsection (a)(3) or (a)(4), or the future award of contracts, grants, and cooperative agreements to such person or entity was not restricted pursuant to subsection (a)(3) or (a)(4), an explanation why such action was not taken.
(2)

Form.—
Any report under this subsection may be submitted in classified form.
(i)

Other Definitions.—
In this section:
(1)
The term “covered combatant command” means United States Central Command, United States European Command, United States Africa Command, United States Southern Command, or United States Pacific Command.
(2)
The term “head of contracting activity” has the meaning given that term in subpart 601 of part 1 of the Federal Acquisition Regulation.
(3)
The term “covered person or entity” means a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities.
(j)

Sunset.—
The provisions of this section shall cease to be effective on December 31, 2018.
SEC. 832.

EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE OF SUPPLY TO AFGHANISTAN.
(a)

Extension.—
Subsection (f) of section 801 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2399), as amended by section 841(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1845), is further amended by striking “December 31, 2014” and inserting “December 31, 2015”.
(b)

Clarification of Authority.—
Subsection (b)(1)(B) of such section is amended—
(1)
by striking “and the NATO International Security Assistance Force” and inserting “or NATO forces”; and
(2)
by striking “to Afghanistan” and inserting “to or from Afghanistan”.
TITLE IX—

DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A—
Department of Defense Management
Sec. 901.
Revisions to composition of transition plan for defense business enterprise architecture.
Sec. 902.
Comptroller General report on potential relocation of Federal Government tenants onto military installations in the United States.
Sec. 903.
Clarification of authority for the command acquisition executive of the United States Special Operations Command.
Sec. 904.
Streamlining of Department of Defense management headquarters.
Sec. 905.
Update of statutory statement of functions of the Chairman of the Joint Chiefs of Staff relating to doctrine, training, and education.
Sec. 906.
Modification of reference to major Department of Defense headquarters activities instruction.
Sec. 907.
Personnel security.
Subtitle B—
Space Activities
Sec. 911.
National security space satellite reporting policy.
Sec. 912.
National security space defense and protection.
Sec. 913.
Space acquisition strategy.
Sec. 914.
Space control mission report.
Sec. 915.
Responsive launch.
Sec. 916.
Limitation on use of funds for Space Protection Program.
Sec. 917.
Eagle Vision system.
Subtitle C—
Defense Intelligence and Intelligence-Related Activities
Sec. 921.
Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities.
Sec. 922.
Department of Defense intelligence priorities.
Sec. 923.
Defense Clandestine Service.
Sec. 924.
Prohibition on National Intelligence Program consolidation.
Subtitle D—
Cyberspace-Related Matters
Sec. 931.
Modification of requirement for inventory of Department of Defense tactical data link systems.
Sec. 932.
Authorities, capabilities, and oversight of the United States Cyber Command.
Sec. 933.
Mission analysis for cyber operations of Department of Defense.
Sec. 934.
Modification of requirement for Report on Department of Defense Progress in Defending the Department and the Defense Industrial Base from Cyber Events.
Sec. 935.
Additional requirements relating to the software licenses of the Department of Defense.
Sec. 936.
Cyber outreach and threat awareness for small businesses.
Sec. 937.
Joint Federated Centers for Trusted Defense Systems for the Department of Defense.5
^5
Section 937 was repealed by section 922(c) of division A of Public Law 118-159.
Sec. 938.
Supervision of the acquisition of cloud computing capabilities.
Sec. 939.
Cyber vulnerabilities of Department of Defense weapon systems and tactical communications systems.
Sec. 940.
Control of the proliferation of cyber weapons.
Sec. 941.
Integrated policy to deter adversaries in cyberspace.
Sec. 942.
National Centers of Academic Excellence in Information Assurance Education matters.
Subtitle E—
Total Force Management
Sec. 951.
Reviews of appropriate manpower performance.
Subtitle A—

Department of Defense Management
SEC. 901.

REVISIONS TO COMPOSITION OF TRANSITION PLAN FOR DEFENSE BUSINESS ENTERPRISE ARCHITECTURE.
Section 2222(e) of title 10, United States Code, is amended—
(1)
in paragraph (1), by striking “defense business enterprise architecture” and inserting “target defense business systems computing environment described in subsection (d)(3)”;
(2)
in paragraph (2)—
(A)
by striking “
existing as of September 30, 2011 (known as ‘
legacy systems
’) that will not be part of the defense business enterprise architecture
” and inserting “
that will be phased out of the defense business systems computing environment within three years after review and certification as ‘
legacy systems
’ by the investment management process established under subsection (g)
”; and
(B)
by striking “that provides for reducing the use of those legacy systems in phases”; and
(3)
in paragraph (3), by striking “legacy systems (referred to in subparagraph (B)) that will be a part of the target defense business systems computing environment described in subsection (d)(3)” and inserting “existing systems that are part of the target defense business systems computing environment”.
SEC. 902.

COMPTROLLER GENERAL REPORT ON POTENTIAL RELOCATION OF FEDERAL GOVERNMENT TENANTS ONTO MILITARY INSTALLATIONS IN THE UNITED STATES.
(a)

Report Required.—
Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report containing the results of a review of the potential for and obstacles to Federal agencies other than the Department of Defense relocating onto military installations to save costs or enhance security. At a minimum, the Comptroller General shall answer the following questions in the report:
(1)
What opportunities exist to permit non-Department of Defense Federal agencies to locate operations onto military installations having excess facilities adequate for the tenant agencies’ mission needs?
(2)
What factors would the Department of Defense and the potential tenant agencies need to consider in determining whether such tenancy would be viable?
(3)
What obstacles exist to the consolidation of non-Department of Defense Federal agencies onto military installations having adequate excess capacity?
(4)
What non-Federal organizations are tenants on the installations (such as those under the enhanced use leasing program)?
(b)

Specific Consideration of Installations That Support Arctic Missions.—
The report required under subsection (a) shall specifically evaluate the potential for and obstacles to consolidation of Federal tenants on installations that support Arctic missions, focusing on Federal entities with homeland security, defense, international trade, commerce, and other national security-related functions that are compatible with the missions of the military installations, or can be used to protect national interests in the Arctic region.
SEC. 903.

CLARIFICATION OF AUTHORITY FOR THE COMMAND ACQUISITION EXECUTIVE OF THE UNITED STATES SPECIAL OPERATIONS COMMAND.
Section 167(e)(4)(C)(ii) of title 10, United States Code, is amended by inserting after “shall be” the following: “responsible to the commander for rapidly delivering acquisition solutions to meet validated special operations-peculiar requirements, subordinate to the Defense Acquisition Executive in matters of acquisition, subject to the same oversight as the service acquisition executives, and”.
SEC. 904.
[10 U.S.C. 111 note]

STREAMLINING OF DEPARTMENT OF DEFENSE MANAGEMENT HEADQUARTERS.
(a)

Plan Required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a plan for streamlining Department of Defense management headquarters by changing or reducing the size of staffs, eliminating tiers of management, cutting functions that provide little or no added value, and consolidating overlapping and duplicative programs and offices.
(b)

Elements of Plan.—
The plan required by subsection (a) shall include the following for each covered organization:
(1)
A description of the planned changes or reductions in staffing and services provided by military personnel, civilian personnel, and contractor personnel.
(2)
A description of the planned changes or reductions in management, functions, and programs and offices.
(3)
The estimated cumulative savings to be achieved over a 10-fiscal-year period beginning with fiscal year 2015, and estimated savings to be achieved for each of fiscal years 2015 through 2024.
(c)

Covered Organization.—
In this section, the term “covered organization” includes each of the following:
(1)
The Office of the Secretary of Defense.
(2)
The Joint Staff.
(3)
The Defense Agencies.
(4)
The Department of Defense field activities.
(5)
The headquarters of the combatant commands.
(6)
Headquarters, Department of the Army, including the Office of the Secretary of the Army, the Office of the Chief of Staff of the Army, and the Army Staff.
(7)
The major command headquarters of the Army.
(8)
The Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and Headquarters, United States Marine Corps.
(9)
The major command headquarters of the Navy and the Marine Corps.
(10)
Headquarters, Department of the Air Force, including the Office of the Secretary of the Air Force, the Office of the Air Force Chief of Staff, and the Air Staff.
(11)
The major command headquarters of the Air Force.
(12)
The National Guard Bureau.
(d)

Reports.—
(1)

Initial report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the plan required by subsection (a).
(2)

Status report.—
The Secretary shall include with the Department of Defense materials submitted to Congress with the budget of the President for each of fiscal years 2017 through 2024 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a report describing the implementation of the plan required by subsection (a) during the preceding fiscal year and any modifications to the plan required due to changing circumstances. Each such report shall include the following:
(A)
A summary of savings achieved for each covered organization in the fiscal year covered by such report.
(B)
A description of the savings through changes, consolidations, or reductions in staffing and services provided by military personnel, civilian personnel, and contractor personnel in the fiscal year covered by such report.
(C)
A description of the savings through changes, consolidations, or reductions in management, functions, and programs and offices, or other associated cost drivers, including a discussion of how the changes, consolidations, or reductions were prioritized, in the fiscal year covered by such report.
(D)
In any case in which savings under the plan fall short of the objective of the plan for the fiscal year covered by such report, an explanation of the reasons for the shortfall.
(E)
A description of any modifications to the plan made during the fiscal year covered by such report, and an explanation of the reasons for such modifications, including the risks of, and capabilities gained or lost by implementing, such modifications.
(F)
A description of how the plan supports or affects current Department of Defense strategic guidance, policy, and mission requirements, including the quadrennial defense review, the Unified Command Plan, and the strategic choices and management review.
(G)
A description of the associated costs specifically addressed by the savings.
SEC. 905.

UPDATE OF STATUTORY STATEMENT OF FUNCTIONS OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF RELATING TO DOCTRINE, TRAINING, AND EDUCATION.
(a)

In General.—
Paragraph (5) of section 153(a) of title 10, United States Code, is amended—
(1)
in subparagraph (B), by inserting “and technical standards, and executing actions,” after “policies”;
(2)
in subparagraph (C), by striking “and training”; and
(3)
by adding at the end the following new subparagraphs:
“(D)
Formulating policies for concept development and experimentation for the joint employment of the armed forces.
“(E)
Formulating policies for gathering, developing, and disseminating joint lessons learned for the armed forces.”
.
(b)

Conforming Amendment.—
The heading of such paragraph is amended by striking “Doctrine, Training, and education” and inserting “Joint force development activities”.
SEC. 906.

MODIFICATION OF REFERENCE TO MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES INSTRUCTION.
Section 194(f) of title 10, United States Code, is amended by striking “Directive 5100.73” and all that follows and inserting “
Instruction 5100.73, titled ‘
Major DoD Headquarters Activities
’.
”.
SEC. 907.
[10 U.S.C. 1564 note]

PERSONNEL SECURITY.
(a)

Comparative Analysis.—
(1)

In general.—
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Director of Cost Assessment and Program Evaluation and in consultation with the Director of the Office of Management and Budget, submit to the appropriate committees of Congress a report setting forth a comprehensive analysis comparing the quality, cost, and timeliness of personnel security clearance investigations and reinvestigations for employees and contractor personnel of the Department of Defense that are conducted by the Office of Personnel Management with the quality, cost, and timeliness of personnel security clearance investigations and reinvestigations for such personnel that are conducted by components of the Department of Defense.
(2)

Elements of analysis.—
The analysis under paragraph (1) shall do the following:
(A)
Determine and compare, for each of the Office of Personnel Management and the components of the Department that conduct personnel security investigations as of the date of the analysis, the quality, cost, and timeliness associated with personnel security investigations and reinvestigations of each type and level of clearance, and identify the elements that contribute to such cost, schedule, and performance.
(B)
Identify mechanisms for permanently improving the transparency of the cost structure of personnel security investigations and reinvestigations.
(b)

Personnel Security for Department of Defense Employees and Contractors.—
If the Secretary of Defense determines that the current approach for obtaining personnel security investigations and reinvestigations for employees and contractor personnel of the Department of Defense is not the most efficient and effective approach for the Department, the Secretary shall develop a plan, by not later than October 1, 2014, for the transition of personnel security investigations and reinvestigations to the approach preferred by the Secretary.
(c)

Strategy for Modernizing Personnel Security.—
(1)

Strategy required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Director of National Intelligence, and the Director of the Office of Management and Budget shall jointly develop, implement, and provide to the appropriate committees of Congress a strategy to modernize all aspects of personnel security for the Department of Defense with the objectives of improving quality, providing for continuous monitoring, decreasing unauthorized disclosures of classified information, lowering costs, increasing efficiencies, and enabling and encouraging reciprocity.
(2)

Consideration of analysis.—
In developing the strategy under paragraph (1), the Secretary and the Directors shall consider the results of the analysis required by subsection (a) and the results of any ongoing reviews of recent unauthorized disclosures of national security information.
(3)

Metrics.—
In developing the strategy required by paragraph (1), the Secretary and the Directors shall jointly establish metrics to measure the effectiveness of the strategy in meeting the objectives specified in that paragraph.
(4)

Elements.—
In developing the strategy required by paragraph (1), the Secretary and the Directors shall address issues including but not limited to the following:
(A)
Elimination of manual or inefficient processes in investigations and reinvestigations for personnel security, wherever practicable, and automating and integrating the elements of the investigation and adjudication processes, including in the following:
(i)
The clearance application process.
(ii)
Investigation case management.
(iii)
Adjudication case management.
(iv)
Investigation methods for the collection, analysis, storage, retrieval, and transfer of data and records from investigative sources and between any case management systems.
(v)
Records management for hiring and clearance decisions.
(B)
Elimination or reduction, where possible, of the use of databases and information sources that cannot be accessed and processed automatically electronically, or modification of such databases and information sources, if appropriate and cost-effective, to enable electronic access and processing.
(C)
Access and analysis of government, publically available, and commercial data sources, including social media, that provide independent information pertinent to adjudication guidelines and termination standards to improve quality and timeliness, and reduce costs, of investigations and reinvestigations.
(D)
Use of government-developed and commercial technology for continuous monitoring and evaluation of government and commercial data sources that can identify and flag information pertinent to hiring and clearance determinations.
(E)
Standardization of forms used for routine reporting required of cleared personnel (such as travel, foreign contacts, and financial disclosures) and use of continuous monitoring technology to access databases containing such reportable information to independently obtain and analyze reportable data and events.
(F)
Establishment of an authoritative central repository of personnel security information that is accessible electronically at multiple levels of classification and eliminates technical barriers to rapid access to information necessary for eligibility determinations and reciprocal recognition thereof, including the ability to monitor the status of an individual and any events related to the continued eligibility of such individual for employment or clearance during intervals between investigations.
(G)
Elimination or reduction of the scope of, or alteration of the schedule for, periodic reinvestigations of cleared personnel, when such action is appropriate in light of the information provided by continuous monitoring or evaluation technology.
(H)
Electronic integration of personnel security processes and information systems with insider threat detection and monitoring systems, and pertinent law enforcement, counterintelligence and intelligence information, for threat detection and correlation, including those processes and systems operated by components of the Department of Defense for purposes of local security, workforce management, or other related purposes.
(5)

Risk-based monitoring.—
The strategy required by paragraph (1) shall—
(A)
include the development of a risk-based approach to monitoring and reinvestigation that prioritizes which cleared individuals shall be subject to frequent reinvestigations and random checks, such as the personnel with the broadest access to classified information or with access to the most sensitive classified information, including information technology specialists or other individuals with such broad access commonly known as “super users”;
(B)
ensure that if the system of continuous monitoring for all cleared individuals described in paragraph (4)(D) is implemented in phases, such system shall be implemented on a priority basis for the individuals prioritized under subparagraph (A); and
(C)
ensure that the activities of individuals prioritized under subparagraph (A) shall be monitored especially closely.
(d)

Reciprocity of Clearances.—
The Secretary of Defense and the Director of National Intelligence shall jointly ensure the reciprocity of personnel security clearances among positions requiring personnel holding secret, top secret, or sensitive compartmented information clearances, to the maximum extent feasible consistent with national security requirements.
(e)

Comptroller General Review.—
(1)

Review required.—
Not later than 150 days after the date of the enactment of this Act, the Comptroller General of the United States shall carry out a review of the personnel security process.
(2)

Objective of review.—
The objective of the review required by paragraph (1) shall be to identify the following:
(A)
Differences between the metrics used by the Department of Defense and other departments and agencies that grant security clearances in granting reciprocity for security clearances, and the manner in which such differences can be harmonized.
(B)
The extent to which existing Federal Investigative Standards are relevant, complete, and sufficient for guiding agencies and individual investigators as they conduct their security clearance background investigations.
(C)
The processes agencies have implemented to ensure quality in the security clearance background investigation process.
(D)
The extent to which agencies have developed and implemented outcome-focused performance measures to track the quality of security clearance investigations and any insights from these measures.
(E)
The processes agencies have implemented for resolving incomplete or subpar investigations, and the actions taken against government employees and contractor personnel who have demonstrated a consistent failure to abide by quality assurance measures.
(3)

Report.—
Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the review required by paragraph (1).
(f)

Task Force on Records Access for Security Clearance Background Investigations.—
(1)

Establishment.—
The Suitability and Security Clearance Performance Accountability Council, as established by Executive Order No. 13467, shall convene a task force to examine the different policies and procedures that determine the level of access to public records provided by State and local authorities in response to investigative requests by Federal Government employees or contracted employees carrying out background investigations to determine an individual’s suitability for access to classified information or secure government facilities.
(2)

Membership.—
The members of the task force shall include, but need not be limited to, the following:
(A)
The Chair of the Suitability and Security Clearance Performance and Accountability Council, who shall serve as chair of the task force.
(B)
A representative from the Office of Personnel Management.
(C)
A representative from the Office of the Director of National Intelligence.
(D)
A representative from the Department of Defense responsible for administering security clearance background investigations.
(E)
Representatives from Federal law enforcement agencies within the Department of Justice and the Department of Homeland Security involved in security clearance background investigations.
(F)
Representatives from State and local law enforcement agencies, including—
(i)
agencies in rural areas that have limited resources and less than 500 officers; and
(ii)
agencies that have more than 1,000 officers and significant technological resources.
(G)
A representative from Federal, State, and local law enforcement associations involved with security clearance background administrative actions and appeals.
(H)
Representatives from Federal, State, and local judicial systems involved in the sharing of records to support security clearance background investigations.
(3)

Initial meeting.—
The task force shall convene its initial meeting not later than 45 days after the date of the enactment of this Act.
(4)

Duties.—
The task force shall do the following:
(A)
Analyze the degree to which State and local authorities comply with investigative requests made by Federal Government employees or contractor employees carrying out background investigations to determine an individual’s suitability for access to classified information or secure government facilities, including the degree to which investigative requests are required but never formally requested.
(B)
Analyze limitations on the access to public records provided by State and local authorities in response to investigative requests by Federal Government employees and contractor employees described in subparagraph (A), including, but not be limited to, limitations relating to budget and staffing constraints on State and local authorities, any procedural and legal obstacles impairing Federal access to State and local law enforcement records, or inadequate investigative procedural standards for background investigators.
(C)
Provide recommendations for improving the degree of cooperation and records-sharing between State and local authorities and Federal Government employees and contractor employees described in subparagraph (A).
(5)

Report.—
Not later than 120 days after the date of the enactment of this Act, the task force shall submit to the appropriate committees of Congress a report setting forth a detailed statement of the findings and conclusions of the task force pursuant to this subsection, together with the recommendations of the task force for such legislative or administrative action as the task force considers appropriate.
(g)

Appropriate Committees of Congress Defined.—
In this section, the term “appropriate committees of Congress” means—
(1)
the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(2)
the Committee on Armed Services, the Committee on Oversight and Government Reform, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
Subtitle B—

Space Activities
SEC. 911.

NATIONAL SECURITY SPACE SATELLITE REPORTING POLICY.
(a)

Notification of Foreign Interference of National Security Space.—
Chapter 135 of title 10, United States Code, is amended by adding at the end the following new section:
“SEC. 2278.
[10 U.S.C. 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.”
.
(b)

Table of Sections Amendment.—
The table of sections at the beginning of such chapter is amended by adding at the end the following item:
“2278.
Notification of foreign interference of national security space.”
.
SEC. 912.

NATIONAL SECURITY SPACE DEFENSE AND PROTECTION.
(a)

Review.—
The Secretary of Defense and the Director of National Intelligence shall jointly enter into an arrangement with the National Research Council to respond to the near-term and long-term threats to the national security space systems of the United States by—
(1)
conducting a review of—
(A)
the range of options available to address such threats, in terms of deterring hostile actions, defeating hostile actions, and surviving hostile actions until such actions conclude;
(B)
strategies and plans to counter such threats, including resilience, reconstitution, disaggregation, and other appropriate concepts; and
(C)
existing and planned architectures, warfighter requirements, technology development, systems, workforce, or other factors related to addressing such threats; and
(2)
recommending architectures, capabilities, and courses of action to address such threats and actions to address the affordability, technology risk, and any other potential barriers or limiting factors in implementing such courses of action.
(b)

Report.—
(1)

In general.—
Not later than one year after the date of the enactment of this Act, the National Research Council shall submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing the results of the review conducted pursuant to the arrangement under subsection (a) and the recommended courses of action identified pursuant to such arrangement.
(2)

Form.—
The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c)

Space Protection Strategy.—
Section 911(f)(1) of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2271 note) is amended by striking “including each of the matters required by subsection (c).” and inserting the following:
“including—
“(A)
each of the matters required by subsection (c); and
“(B)
a description of how the Department of Defense and the intelligence community plan to provide necessary national security capabilities, through alternative space, airborne, or ground systems, if a foreign actor degrades, denies access to, or destroys United States national security space capabilities.”
.
SEC. 913.

SPACE ACQUISITION STRATEGY.
(a)

Sense of Congress.—
It is the sense of Congress that—
(1)
commercial satellite services, particularly communications, are needed to satisfy Department of Defense requirements;
(2)
the Department predominately uses one-year leases to obtain commercial satellite services, which are often the most expensive and least strategic method to acquire necessary commercial satellite services; and
(3)
consistent with the required authorization and appropriations, Congress encourages the Department to pursue a variety of methods to reduce cost and meet the necessary military requirements, including multi-year leases and procurement of Government-owned payloads on commercial satellites.
(b)

Strategy Required.—
The Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with the Chief Information Officer of the Department of Defense, shall establish a strategy to enable the multi-year procurement of commercial satellite services.
(c)

Basis.—
The strategy required under subsection (b) shall include and be based on—
(1)
an analysis of financial or other benefits to acquiring satellite services through multi-year acquisition approaches;
(2)
an analysis of the risks associated with such acquisition approaches;
(3)
an identification of methods to address planning, programming, budgeting, and execution challenges to such approaches, including methods to address potential termination liability or cancellation costs generally associated with multi-year contracts;
(4)
an identification of any changes needed in the requirements development and approval processes of the Department of Defense to facilitate effective and efficient implementation of such strategy, including an identification of any consolidation of requirements for such services across the Department that may achieve increased buying power and efficiency; and
(5)
an identification of any necessary changes to policies, procedures, regulations, or statutes.
(d)

Briefings.—
(1)

In general.—
Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with the Chief Information Officer of the Department of Defense, shall provide to the congressional defense committees a briefing regarding the strategy required under subsection (b), including the elements required under subsection (c).
(2)

Interim briefing.—
At the same time that the budget for fiscal year 2015 is submitted to Congress under section 1105(a) of title 31, United States Code, the Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with the Chief Information Officer of the Department of Defense, shall provide to the congressional defense committees an interim briefing regarding the strategy required under subsection (b).
SEC. 914.

SPACE CONTROL MISSION REPORT.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the space control mission of the Department of Defense. Such report shall include—
(1)
an identification of existing offensive and defensive space control systems, policies, and technical possibilities of future systems;
(2)
an identification of any gaps or risks in existing space control system architecture and possibilities for improvement or mitigation of such gaps or risks;
(3)
a description of existing and future sensor coverage and ground processing capabilities for space situational awareness;
(4)
an explanation of the extent to which all relevant and available information is being utilized for space situational awareness to detect, track, and identify objects in space;
(5)
a description of existing space situational awareness data sharing practices, including what information is being shared and what the benefits and risks of such sharing are to the national security of the United States; and
(6)
plans for the future space control mission, including force levels and structure.
SEC. 915.

RESPONSIVE LAUNCH.
(a)

Findings.—
Congress finds the following:
(1)
United States Strategic Command has identified three needs as a result of dramatically increased demand and dependence on space capabilities as follows:
(A)
To rapidly augment existing space capabilities when needed to expand operational capability.
(B)
To rapidly reconstitute or replenish critical space capabilities to preserve continuity of operations capability.
(C)
To rapidly exploit and infuse space technological or operational innovations to increase the advantage of the United States.
(2)
Operationally responsive low cost launch could assist in addressing such needs of the combatant commands.
(b)

Study.—
The Department of Defense Executive Agent for Space shall conduct a study on responsive, low-cost launch efforts. Such study shall include—
(1)
a review of existing and past operationally responsive, low-cost launch efforts by domestic or foreign governments or industry;
(2)
an identification of the conditions or requirements for responsive launch that would provide the necessary military value, including the requisite payload capacity, timelines for responsiveness, and the target launch costs;
(3)
a technology assessment of various methods to develop an operationally responsive, low-cost launch capability; and
(4)
an assessment of the viability of greater utilization of innovative methods, including the use of secondary payload adapters on existing launch vehicles.
(c)

Report.—
Not later than one year after the date of the enactment of this Act, the Department of Defense Executive Agent for Space shall submit to the congressional defense committees a report containing—
(1)
the results of the study conducted under subsection (b); and
(2)
a consolidated plan for development within the Department of Defense of an operationally responsive, low-cost launch capability.
(d)

Government Accountability Office Review.—
Not later than 60 days after the date on which the report required under subsection (c) is submitted to the congressional defense committees, the Comptroller General of the United States shall submit to the congressional defense committees an assessment of such report and any related findings or recommendations that the Comptroller General considers appropriate.
SEC. 916.

LIMITATION ON USE OF FUNDS FOR SPACE PROTECTION PROGRAM.
Of the amount authorized to be appropriated for fiscal year 2014 by section 201 for the Department of Defense for research, test, development, and evaluation, Air Force, and available for the Space Protection Program (PE# 0603830F) as specified in the funding table in section 4201, $10,000,000 may not be obligated or expended until the Secretary of Defense submits to the congressional defense committees a copy of the study conducted at the direction of the Deputy Secretary of Defense on the counter space strategy of the Department of Defense that resulted in significant revisions to that strategy by the Department.
SEC. 917.

EAGLE VISION SYSTEM.
(a)

Report Required.—
(1)

In general.—
Not later than 180 days after the date of the enactment of this Act, the Chief of Staff of the Air Force shall submit to the congressional defense committees a report on the Eagle Vision system.
(2)

Elements.—
The report required by paragraph (1) shall include a description and assessment of the various commands, components of the Armed Forces, and Defense Agencies to which control of the Eagle Vision system could be transferred from the Headquarters of the Air Force, including the actions to be completed before transfer, potential schedules for transfer, and the effects of transfer on the capabilities of the system or use of the system by other elements of the Department.
(b)

Limitation on Certain Actions.—
The Secretary of the Air Force may not undertake any changes to the organization or control of the Eagle Vision system until 90 days after the date of the submittal to the congressional defense committees of the report required by subsection (a).
Subtitle C—

Defense Intelligence and Intelligence-Related Activities
SEC. 921.

REVISION OF SECRETARY OF DEFENSE AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.
(a)

Congressional Submission for Required Audits.—
The second sentence of section 432(b)(2) of title 10, United States Code, is amended by striking “the intelligence committees” and all that follows and inserting “the congressional defense committees and the congressional intelligence committees (as defined in section 437(c) of this title).”.
(b)

Repeal of Designation of Defense Intelligence Agency as Required Oversight Authority Within Department of Defense.—
Section 436(4) of title 10, United States Code, is amended—
(1)
by striking “Defense Intelligence Agency” and inserting “Department of Defense”; and
(2)
by striking “management and supervision” and inserting “oversight”.
(c)

Congressional Oversight.—
Section 437 of title 10, United States Code, is amended—
(1)
in subsection (a), by striking “the intelligence committees” and inserting “congressional defense committees and the congressional intelligence committees”;
(2)
in subsection (b)—
(A)
by striking “Consistent with” and all that follows through “the Secretary” and insert “The Secretary”; and
(B)
by striking “the intelligence committees” and inserting “congressional defense committees and the congressional intelligence committees”; and
(3)
by adding at the end the following new subsection:
“(c)

Congressional Intelligence Committees Defined.
In this section, the term ‘congressional intelligence committees’ has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”
.
SEC. 922.

DEPARTMENT OF DEFENSE INTELLIGENCE PRIORITIES.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
(1)
establish a written policy governing the internal coordination and prioritization of intelligence priorities of the Office of the Secretary of Defense, the Joint Staff, the combatant commands, and the military departments to improve identification of the intelligence needs of the Department of Defense;
(2)
identify any significant intelligence gaps of the Office of the Secretary of Defense, the Joint Staff, the combatant commands, and the military departments; and
(3)
provide to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a briefing on the policy established under paragraph (1) and the gaps identified under paragraph (2).
SEC. 923.

DEFENSE CLANDESTINE SERVICE.
(a)

Certification Required.—
Not more than 50 percent of the funds authorized to be appropriated by this Act or otherwise available to the Department of Defense for the Defense Clandestine Service for fiscal year 2014 may be obligated or expended for the Defense Clandestine Service until such time as the Secretary of Defense certifies to the covered congressional committees that—
(1)
the Defense Clandestine Service is designed primarily to—
(A)
fulfill priorities of the Department of Defense that are unique to the Department of Defense or otherwise unmet; and
(B)
provide unique capabilities to the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))); and
(2)
the Secretary of Defense has designed metrics that will be used to ensure that the Defense Clandestine Service is employed as described in paragraph (1).
(b)

Notification of Future Changes to Design.—
Following the submittal of the certification referred to in subsection (a), in the event that any significant change is made to the Defense Clandestine Service, the Secretary shall promptly notify the covered congressional committees of the nature of such change.
(c)

Quarterly Briefings.—
The Secretary of Defense shall quarterly provide to the covered congressional committees a briefing on the deployments and collection activities of personnel of the Defense Clandestine Service.
(d)

Covered Congressional Committees Defined.—
In this section, the term “covered congressional committees” means the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate.
SEC. 924.

PROHIBITION ON NATIONAL INTELLIGENCE PROGRAM CONSOLIDATION.
(a)

Prohibition.—
No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2014, to execute—
(1)
the separation of the National Intelligence Program budget from the Department of Defense budget;
(2)
the consolidation of the National Intelligence Program budget within the Department of Defense budget; or
(3)
the establishment of a new appropriations account or appropriations account structure for the National Intelligence Program budget.
(b)

Briefing Requirement.—
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall jointly provide to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a briefing regarding any planning relating to the future execution of the activities described in subsection (a) that has occurred during the two-year period ending on such date and any anticipated future planning relating to such execution or related efforts.
(c)

Definitions.—
In this section:
(1)

National intelligence program.—
The term “National Intelligence Program” has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(2)

National intelligence program budget.—
The term “National Intelligence Program budget” means the portions of the Department of Defense budget designated as part of the National Intelligence Program.
Subtitle D—

Cyberspace-Related Matters
SEC. 931.
[10 U.S.C. 2225 note]

MODIFICATION OF REQUIREMENT FOR INVENTORY OF DEPARTMENT OF DEFENSE TACTICAL DATA LINK SYSTEMS.
Section 934(a)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1885; 10 U.S.C. 2225 note) is amended by inserting “and an assessment of vulnerabilities to such systems in anti-access or area-denial environments” before the semicolon.
SEC. 932.
[10 U.S.C. 2224 note]

AUTHORITIES, CAPABILITIES, AND OVERSIGHT OF THE UNITED STATES CYBER COMMAND.
(a)

Provision of Certain Operational Capabilities.—
The Secretary of Defense shall take such actions as the Secretary considers appropriate to provide the United States Cyber Command operational military units with infrastructure and equipment enabling access to the Internet and other types of networks to permit the United States Cyber Command to conduct the peacetime and wartime missions of the Command.
(b)

Cyber Ranges.—
(1)

In general.—
The Secretary shall review existing cyber ranges and adapt one or more such ranges, as necessary, to support training and exercises of cyber units that are assigned to execute offensive military cyber operations.
(2)

Elements.—
Each range adapted under paragraph (1) shall have the capability to support offensive military operations against targets that—
(A)
have not been previously identified and prepared for attack; and
(B)
must be compromised or neutralized immediately without regard to whether the adversary can detect or attribute the attack.
[Subsection (c) was transferred to section 392a of title 10, U.S.C. (as added by section 1501(b)(1) of division A of Public Law 117–263) and redesignated. See amendments made by section 1501(a) and (b)(1), (2) of such Public Law.]
(d)

Training of Cyber Personnel.—
The Secretary shall establish and maintain training capabilities and facilities in the Armed Forces and, as the Secretary considers appropriate, at the United States Cyber Command, to support the needs of the Armed Forces and the United States Cyber Command for personnel who are assigned offensive and defensive cyber missions in the Department of Defense.
SEC. 933.

MISSION ANALYSIS FOR CYBER OPERATIONS OF DEPARTMENT OF DEFENSE.
(a)

Mission Analysis Required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a mission analysis of the cyber operations of the Department of Defense.
(b)

Elements.—
The mission analysis under subsection (a) shall include the following:
(1)
The concept of operations and concept of employment for cyber operations forces.
(2)
An assessment of the manpower needs for cyber operations forces, including military requirements for both active and reserve components and civilian requirements.
(3)
An assessment of the mechanisms for improving recruitment, retention, and management of cyber operations forces, including through focused recruiting; educational, training, or certification scholarships; bonuses; or the use of short-term or virtual deployments without the need for permanent relocation.
(4)
A description of the alignment of the organization and reporting chains of the Department, the military departments, and the combatant commands.
(5)
An assessment of the current, as of the date of the analysis, and projected equipping needs of cyber operations forces.
(6)
An analysis of how the Secretary, for purposes of cyber operations, depends upon organizations outside of the Department, including industry and international partners.
(7)
Methods for ensuring resilience, mission assurance, and continuity of operations for cyber operations.
(8)
An evaluation of the potential roles of the reserve components in the concept of operations and concept of employment for cyber operations forces required under paragraph (1), including—
(A)
in consultation with the Secretaries of the military departments and the Commander of the United States Cyber Command, an identification of the Department of Defense cyber mission requirements that could be discharged by members of the reserve components;
(B)
in consultation with the Secretary of Homeland Security, consideration of ways to ensure that the Governors of the several States, through the Council of Governors, as appropriate, have an opportunity to provide the Secretary of Defense and the Secretary of Homeland Security an independent evaluation of State cyber capabilities, and State cyber needs that cannot be fulfilled through the private sector;
(C)
an identification of the existing capabilities, facilities, and plans for cyber activities of the reserve components, including—
(i)
an identification of current positions in the reserve components serving Department cyber missions;
(ii)
an inventory of the existing cyber skills of reserve component personnel, including the skills of units and elements of the reserve components that are transitioning to cyber missions;
(iii)
an inventory of the existing infrastructure of the reserve components that contributes to the cyber missions of the United States Cyber Command, including the infrastructure available to units and elements of the reserve components that are transitioning to such missions; and
(iv)
an assessment of the manner in which the military departments plan to use the reserve components to meet total force resource requirements, and the effect of such plans on the potential ability of members of the reserve components to support the cyber missions of the United States Cyber Command;
(D)
an assessment of whether the National Guard, when activated in a State status (either State Active Duty or in a duty status under title 32, United States Code) can operate under unique and useful authorities to support domestic cyber missions and requirements of the Department or the United States Cyber Command;
(E)
an assessment of the appropriateness of hiring on a part-time basis non-dual status technicians who possess appropriate cyber security expertise for purposes of assisting the National Guard in protecting critical infrastructure and carrying out cyber missions;
(F)
an assessment of the current and potential ability of the reserve components to—
(i)
attract and retain personnel with substantial, relevant cyber technical expertise who use those skills in the private sector;
(ii)
organize such personnel into units at the State, regional, or national level under appropriate command and control arrangements for Department cyber missions;
(iii)
meet and sustain the training standards of the United States Cyber Command; and
(iv)
establish and manage career paths for such personnel;
(G)
a determination of how the reserve components could contribute to total force solutions to cyber operations requirements of the United States Cyber Command; and
(H)
development of an estimate of the personnel, infrastructure, and training required, and the costs that would be incurred, in connection with implementing a strategy for integrating the reserve components into the total force for support of the cyber missions of the Department and United States Cyber Command, including by taking into account the potential savings under the strategy through use of personnel referred to in subparagraph (C)(i), provided that for specific cyber units that exist or are transitioning to a cyber mission, the estimate shall examine whether there are misalignments in existing plans between unit missions and facility readiness to support such missions.
(c)

Limitations on Certain Actions.—
(1)

Reduction in personnel of air national guard cyber units.—
No reduction in personnel of a cyber unit of the Air National Guard of the United States may be implemented or carried out in fiscal year 2014 before the submittal of the report required by subsection (d).
(2)

Reduction in personnel and capacity of air national guard red teams.—
No reduction in the personnel or capacity of a Red Team of the Air National Guard of the United States may be implemented or carried out unless the report required by subsection (d) includes a certification that the personnel or capacity to be reduced is directly related to Red Team capabilities that are no longer required.
(d)

Report Required.—
Not later than 30 days after the completion of the mission analysis under subsection (a), the Secretary shall submit to the congressional defense committees a report containing—
(1)
the results of the mission analysis;
(2)
recommendations for improving or changing the roles, organization, missions, concept of operations, or authorities related to the cyber operations of the Department; and
(3)
any other matters concerning the mission analysis that the Secretary considers appropriate.
(e)

National Guard Assessment.—
Not later than 30 days after the date on which the Secretary submits the report required under subsection (d), the Chief of the National Guard Bureau shall submit to the congressional defense committees an assessment of the role of the National Guard in supporting the cyber operations mission of the Department of Defense as such mission is described in such report.
(f)

Form.—
The report under subsection (d) shall be submitted in unclassified form, but may include a classified annex.
SEC. 934.

MODIFICATION OF REQUIREMENT FOR REPORT ON DEPARTMENT OF DEFENSE PROGRESS IN DEFENDING THE DEPARTMENT AND THE DEFENSE INDUSTRIAL BASE FROM CYBER EVENTS.
Section 935(b)(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4339) is amended—
(1)
in subparagraph (A), by striking “capabilities.” and inserting “capabilities, including estimated economic impacts.”; and
(2)
in subparagraph (B), by striking “remediation.” and inserting “remediation and estimates of economic losses resulting from such event.”.
SEC. 935.
[10 U.S.C. 2223 note]

ADDITIONAL REQUIREMENTS RELATING TO THE SOFTWARE LICENSES OF THE DEPARTMENT OF DEFENSE.
(a)

Updated Plan.—
(1)

Update.—
The Chief Information Officer of the Department of the Defense shall, in consultation with the chief information officers of the military departments and the Defense Agencies, update the plan for the inventory of selected software licenses of the Department of Defense required under section 937 of the National Defense Authorization Act for 2013 (Public Law 112-239; 10 U.S.C. 2223 note) to include a plan for the inventory of all software licenses of the Department of Defense for which a military department spends more than $5,000,000 annually on any individual title, including a comparison of licenses purchased with licenses in use.
(2)

Elements.—
The update required under paragraph (1) shall—
(A)
include plans for implementing an automated solution capable of reporting the software license compliance position of the Department and providing a verified audit trail, or an audit trail otherwise produced and verified by an independent third party;
(B)
include details on the process and business systems necessary to regularly perform reviews, a procedure for validating and reporting deregistering and registering new software, and a mechanism and plan to relay that information to the appropriate chief information officer; and
(C)
a proposed timeline for implementation of the updated plan in accordance with paragraph (3).
(3)

Submission.—
Not later than September 30, 2015, the Chief Information Officer of the Department of Defense shall submit to the congressional defense committees the updated plan required under paragraph (1).
(b)

Performance Plan.—
If the Chief Information Officer of the Department of Defense determines through the implementation of the process and business systems in the updated plan required by subsection (a) that the number of software licenses of the Department for an individual title for which a military department spends greater than $5,000,000 annually exceeds the needs of the Department for such software licenses, or the inventory discloses that there is a discrepancy between the number of software licenses purchased and those in actual use, the Chief Information Officer of the Department of Defense shall implement a plan to bring the number of such software licenses into balance with the needs of the Department and the terms of any relevant contract.
SEC. 936.

CYBER OUTREACH AND THREAT AWARENESS FOR SMALL BUSINESSES.
Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on options for strengthening outreach and threat awareness programs for small businesses (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) that are awarded contracts by the Department of Defense to assist such businesses to—
(1)
understand the gravity and scope of cyber threats;
(2)
develop a plan to protect intellectual property; and
(3)
develop a plan to protect the networks of such businesses.
[Section 937 was repealed by section 922(c) of division A of Public Law 118-159.]
SEC. 938.
[10 U.S.C. 2223a note]

SUPERVISION OF THE ACQUISITION OF CLOUD COMPUTING CAPABILITIES.
(a)

Supervision.—
(1)

In general.—
The Secretary of Defense shall, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Under Secretary of Defense for Intelligence, the Chief Information Officer of the Department of Defense, and the Chairman of the Joint Requirements Oversight Council, supervise the following:
(A)
Review, development, modification, and approval of requirements for cloud computing solutions for data analysis and storage by the Armed Forces and the Defense Agencies, including requirements for cross-domain, enterprise-wide discovery and correlation of data stored in cloud and non-cloud computing databases, relational and non-relational databases, and hybrid databases.
(B)
Review, development, modification, approval, and implementation of plans for the competitive acquisition of cloud computing systems or services to meet requirements described in subparagraph (A), including plans for the transition from current computing systems to systems or services acquired.
(C)
Development and implementation of plans to ensure that the cloud systems or services acquired pursuant to subparagraph (B) are interoperable and universally accessible and usable through attribute-based access controls.
(D)
Integration of plans under subparagraphs (B) and (C) with enterprise-wide plans of the Armed Forces and the Department of Defense for the Joint Information Environment and the Defense Intelligence Information Environment.
(2)

Direction.—
The Secretary shall provide direction to the Armed Forces and the Defense Agencies on the matters covered by paragraph (1) by not later than March 15, 2014.
(b)

Integration With Intelligence Community Efforts.—
The Secretary shall coordinate with the Director of National Intelligence to ensure that activities under this section are integrated with the Intelligence Community Information Technology Enterprise in order to achieve interoperability, information sharing, and other efficiencies.
(c)

Limitation.—
The requirements of subparagraphs (B), (C), and (D) of subsection (a)(1) shall not apply to a contract for the acquisition of cloud computing capabilities in an amount less than $1,000,000.
(d)

Rule of Construction.—
Nothing in this section shall be construed to alter or affect the authorities or responsibilities of the Director of National Intelligence under section 102A of the National Security Act of 1947 (50 U.S.C. 3024).
SEC. 939.

CYBER VULNERABILITIES OF DEPARTMENT OF DEFENSE WEAPON SYSTEMS AND TACTICAL COMMUNICATIONS SYSTEMS.
(a)

Report Required.—
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the status of the capability of each military department to operate in non-permissive and hostile cyber environments.
(b)

Elements.—
The report required by subsection (a) shall include the following:
(1)
A description and assessment of potential cyber threats or threat systems to major weapon systems and tactical communications systems that could emerge in the next five years.
(2)
A description and assessment of cyber vulnerabilities of current major weapon and tactical communications systems.
(3)
A detailed description of the current strategy to detect, deter, and defend against cyber attacks on current and planned major weapon systems and tactical communications systems.
(4)
An estimate of the costs anticipated to be incurred in addressing cyber vulnerabilities to Department of Defense weapon systems and tactical communications systems over the next five years.
(c)

Form.—
The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
SEC. 940.

CONTROL OF THE PROLIFERATION OF CYBER WEAPONS.
(a)

Interagency Process for Establishment of Policy.—
The President shall establish an interagency process to provide for the establishment of an integrated policy to control the proliferation of cyber weapons through unilateral and cooperative law enforcement activities, financial means, diplomatic engagement, and such other means as the President considers appropriate.
(b)

Industry Participation.—
The President shall include, to the extent practicable, private industry participation in the process established under subsection (a).
(c)

Objectives.—
The objectives of the interagency process established under subsection (a) shall be as follows:
(1)
To identify the intelligence, law enforcement, and financial sanctions tools that can and should be used to suppress the trade in cyber tools and infrastructure that are or can be used for criminal, terrorist, or military activities while preserving the ability of governments and the private sector to use such tools for legitimate purposes of self-defense.
(2)
To establish a statement of principles to control the proliferation of cyber weapons, including principles for controlling the proliferation of cyber weapons that can lead to expanded cooperation and engagement with international partners.
(d)

Recommendations.—
The interagency process established under subsection (a) shall develop, by not later than 270 days after the date of the enactment of this Act, recommendations on means for the control of the proliferation of cyber weapons, including a draft statement of principles and a review of applicable legal authorities.
SEC. 941.

INTEGRATED POLICY TO DETER ADVERSARIES IN CYBERSPACE.
(a)

Integrated Policy.—
The President shall establish an interagency process to provide for the development of an integrated policy to deter adversaries in cyberspace.
(b)

Objective.—
The objective of the interagency process established under subsection (a) shall be to develop a deterrence policy for reducing cyber risks to the United States and our allies.
(c)

Report.—
(1)

In general.—
Not later than 270 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees a report setting forth the integrated policy developed pursuant to subsection (a).
(2)

Form.—
The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
SEC. 942.

NATIONAL CENTERS OF ACADEMIC EXCELLENCE IN INFORMATION ASSURANCE EDUCATION MATTERS.
(a)

Preservation of Designation During Academic Years 2013-2014 and 2014-2015.—
Each institution of higher education that was designated by the National Security Agency and the Department of Homeland Security as a National Center of Academic Excellence in Information Assurance Education as of January 1, 2013, shall continue to be designated as such a Center through June 30, 2015, provided that such institution maintains the standards by which such institution was originally designated as such a Center.
(b)

Assessment and Recommendation of Accreditation or Designation Process.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security, the Director of the National Security Agency, and other appropriate departments and agencies of the Federal Government and non-Federal organizations, shall—
(1)
assess the National Centers of Academic Excellence in Information Assurance Education program strengths and weaknesses, including processes and criteria used to develop curricula and designate an institution of higher education as a National Center of Academic Excellence in Information Assurance Education;
(2)
assess the maturity of information assurance as an academic discipline;
(3)
assess the role the Federal Government should play in the future development of curricula and other criteria for designating or accrediting information assurance education programs of institutions of higher education as National Centers of Academic Excellence in Information Assurance Education;
(4)
assess the advantages and disadvantages of broadening the governance structure of such Centers;
(5)
assess the extent to which existing and emerging curricula and other criteria for designation as such a Center is aligned with the National Initiative for Cybersecurity Education and will provide the knowledge and skills needed by the information assurance workforce for existing and future employment;
(6)
make recommendations for improving and evolving the mechanisms and processes for developing the curricula and other criteria for accrediting or designating information assurance programs of institutions of higher education as Centers; and
(7)
make recommendations on transitioning the responsibility for developing the curricula and other criteria for accrediting or designating information assurance programs of institutions of higher education as Centers from the sole administration of the National Security Agency.
(c)

Assessment of Department of Defense Collaboration With Centers.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall assess the collaboration of the Department of Defense with the National Centers of Academic Excellence in Information Assurance Education. Such assessment shall include—
(1)
the extent to which the information security scholarship program of the Department of Defense established under chapter 112 of title 10, United States Code, contributes to—
(A)
building the capacity to educate the information assurance and cybersecurity workforce needed for the future; and
(B)
employing exceptional information assurance and cybersecurity workers in the Department; and
(2)
mechanisms for increasing Department employment of graduates of such Centers.
(d)

Plan.—
(1)

In general.—
Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security, the Director of the National Security Agency, and other appropriate departments and agencies of the Federal Government and non-Federal organizations, shall submit to Congress—
(A)
a plan for implementing the recommendations made pursuant to subsection (b) on improving and evolving the mechanisms and processes for developing the curricula and other criteria for accrediting or designating the information assurance programs of institutions of higher education as National Centers of Academic Excellence in Information Assurance Education;
(B)
the results of the assessments conducted under subsections (b) and (c); and
(C)
the recommendations made under subsection (b).
(2)

Consultation.—
In developing the plan under paragraph (1), the Secretary shall consult with appropriate representatives of information assurance interests in departments and agencies of the Federal Government, State and local governments, academia, and the private sector.
(e)

Institution of Higher Education Defined.—
In this section, the term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Subtitle E—

Total Force Management
SEC. 951.

REVIEWS OF APPROPRIATE MANPOWER PERFORMANCE.
(a)

Reports Required.—
Section 2330a of title 10, United States Code, is amended—
(1)
by redesignating subsections (g) and (h) as subsections (i) and (j), respectively; and
(2)
by inserting after subsection (f) the following new subsections (g) and (h):
“(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).”
.
(b)

Extension of Comptroller General Report on Inventory.—
Section 803(c) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2402) is amended by striking “2011 and 2012” and inserting “2011, 2012, 2013, 2014, and 2015”.
TITLE X—

GENERAL PROVISIONS
Subtitle A—
Financial Matters
Sec. 1001.
General transfer authority.
Sec. 1002.
Budgetary effects of this Act.
Sec. 1003.
Audit of Department of Defense fiscal year 2018 financial statements.
Sec. 1004.
Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization.
Subtitle B—
Counter-Drug Activities
Sec. 1011.
Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia.
Sec. 1012.
Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.
Sec. 1013.
Extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments.
Subtitle C—
Naval Vessels and Shipyards
Sec. 1021.
Modification of requirements for annual long-range plan for the construction of naval vessels.
Sec. 1022.
Clarification of sole ownership resulting from ship donations at no cost to the Navy.
Sec. 1023.
Availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships.
Sec. 1024.
Extension and remediation of Navy contracting actions.
Sec. 1025.
Report comparing costs of DDG 1000 and DDG 51 Flight III ships.
Sec. 1026.
Report on naval vessels and the Force Structure Assessment.
Sec. 1027.
Modification of policy relating to major combatant vessels of the strike forces of the Navy.
Subtitle D—
Counterterrorism
Sec. 1031.
Clarification of procedures for use of alternate members on military commissions.
Sec. 1032.
Modification of Regional Defense Combating Terrorism Fellowship Program reporting requirement.
Sec. 1033.
Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1034.
Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035.
Transfers to foreign countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1036.
Report on information relating to individuals detained at Parwan, Afghanistan.
Sec. 1037.
Grade of chief prosecutor and chief defense counsel in military commissions established to try individuals detained at Guantanamo.
Sec. 1038.
Report on capability of Yemeni government to detain, rehabilitate, and prosecute individuals detained at Guantanamo who are transferred to Yemen.
Sec. 1039.
Report on attachment of rights to individuals detained at Guantanamo if transferred to the United States.
Subtitle E—
Sensitive Military Operations
Sec. 1041.
Congressional notification of sensitive military operations.
Sec. 1042.
Counterterrorism operational briefings.
Sec. 1043.
Report on process for determining targets of lethal or capture operations.
Subtitle F—
Nuclear Forces
Sec. 1051.
Notification required for reduction or consolidation of dual-capable aircraft based in Europe.
Sec. 1052.
Council on Oversight of the National Leadership Command, Control, and Communications System.
Sec. 1053.
Modification of responsibilities and reporting requirements of Nuclear Weapons Council.
Sec. 1054.
Modification of deadline for report on plan for nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system.
Sec. 1055.
Prohibition on elimination of nuclear triad.
Sec. 1056.
Implementation of New START Treaty.
Sec. 1057.
Retention of capability to redeploy multiple independently targetable reentry vehicles.
Sec. 1058.
Report on New START Treaty.
Sec. 1059.
Report on implementation of the recommendations of the Palomares Nuclear Weapons Accident Revised Dose Evaluation Report.
Sec. 1060.
Sense of Congress on further strategic nuclear arms reductions with the Russian Federation.
Sec. 1061.
Sense of Congress on compliance with nuclear arms control treaty obligations.
Sec. 1062.
Senses of Congress on ensuring the modernization of the nuclear forces of the United States.
Subtitle G—
Miscellaneous Authorities and Limitations
Sec. 1071.
Enhancement of capacity of the United States Government to analyze captured records.
Sec. 1072.
Strategic plan for the management of the electromagnetic spectrum.
Sec. 1073.
Extension of authority to provide military transportation services to certain other agencies at the Department of Defense reimbursement rate.
Sec. 1074.
Notification of modifications to Army force structure.
Sec. 1075.
Aircraft joint training.
Subtitle H—
Studies and Reports
Sec. 1081.
Online availability of reports submitted to Congress.
Sec. 1082.
Oversight of combat support agencies.
Sec. 1083.
Inclusion in annual report of description of interagency coordination relating to humanitarian demining technology.
Sec. 1084.
Repeal and modification of reporting requirements.
Sec. 1085.
Repeal of requirement for Comptroller General assessment of Department of Defense efficiencies.
Sec. 1086.
Review and assessment of United States Special Operations Forces and United States Special Operations Command.
Sec. 1087.
Reports on unmanned aircraft systems.
Sec. 1088.
Report on foreign language support contracts for the Department of Defense.
Sec. 1089.
Civil Air Patrol.
Subtitle I—
Other Matters
Sec. 1091.
Technical and clerical amendments.
Sec. 1092.
Reduction in costs to report critical changes to major automated information system programs.
Sec. 1093.
Extension of authority of Secretary of Transportation to issue non-premium aviation insurance.
Sec. 1094.
Extension of Ministry of Defense Advisor Program and authority to waive reimbursement of costs of activities for certain nongovernmental personnel.
Sec. 1095.
Amendments to certain national commissions.
Sec. 1096.
Strategy for future military information operations capabilities.
Sec. 1097.
Sense of Congress on collaboration on border security.
Sec. 1098.
Transfer of aircraft to other departments for wildfire suppression and other purposes; tactical airlift fleet of the Air Force.
Subtitle A—

Financial Matters
SEC. 1001.

GENERAL TRANSFER AUTHORITY.
(a)

Authority to Transfer Authorizations.—
(1)

Authority.—
Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2014 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2)

Limitation.—
Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $5,000,000,000.
(3)

Exception for transfers between military personnel authorizations.—
A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
(b)

Limitations.—
The authority provided by subsection (a) to transfer authorizations—
(1)
may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
(2)
may not be used to provide authority for an item that has been denied authorization by Congress.
(c)

Effect on Authorization Amounts.—
A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
(d)

Notice to Congress.—
The Secretary shall promptly notify Congress of each transfer made under subsection (a).
SEC. 1002.

BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.
[Section 1003 was repealed by section 1002(b)(2) of Public Law 115–91.]
SEC. 1004.

AUTHORITY TO TRANSFER FUNDS TO THE NATIONAL NUCLEAR SECURITY ADMINISTRATION TO SUSTAIN NUCLEAR WEAPONS MODERNIZATION.
(a)

Transfer Authorized.—
If the amount authorized to be appropriated for the weapons activities of the National Nuclear Security Administration under section 3101 or otherwise made available for fiscal year 2014 is less than $8,400,000,000 (the amount projected to be required for such activities in fiscal year 2014 as specified in the report under section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549)), the Secretary of Defense may transfer, from amounts authorized to be appropriated for the Department of Defense for fiscal year 2014 pursuant to this Act, to the Secretary of Energy an amount, not to exceed $150,000,000, to be available only for weapons activities of the National Nuclear Security Administration.
(b)

Notice to Congress.—
In the event of a transfer under subsection (a), the Secretary of Defense shall promptly notify Congress of the transfer, and shall include in such notice the Department of Defense account or accounts from which funds are transferred.
(c)

Transfer Mechanism.—
Any funds transferred under this section shall be transferred in accordance with established procedures for reprogramming under section 1001 or successor provisions of law.
(d)

Construction of Authority.—
The transfer authority provided under subsection (a) is in addition to any other transfer authority provided under this Act.
Subtitle B—

Counter-Drug Activities
SEC. 1011.

EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
(a)

Extension.—
Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most recently amended by section 1010 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1907), is amended—
(1)
in subsection (a), by striking “2013” and inserting “2014”; and
(2)
in subsection (c), by striking “2013” and inserting “2014”.
(b)

Notice to Congress on Assistance.—
Not later than 15 days before providing assistance under section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (as amended by subsection (a)) using funds available for fiscal year 2014, the Secretary of Defense shall submit to the congressional defense committees a notice setting forth the assistance to be provided, including the types of such assistance, the budget for such assistance, and the anticipated completion date and duration of the provision of such assistance.
SEC. 1012.

EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1594; 10 U.S.C. 371 note), as most recently amended by section 1011 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1907) is amended by striking “2013” and inserting “2015”.
SEC. 1013.

EXTENSION AND EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.
(a)

Extension.—
Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as most recently amended by section 1006 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1557), is further amended by striking “2013” and inserting “2016”.
(b)

Maximum Amount of Support.—
Subsection (e)(2) of such section 1033, as so amended, is further amended by striking “2013” and inserting “2016”.
(c)

Additional Governments Eligible To Receive Support.—
Subsection (b) of such section 1033, as so amended, is further amended by adding at the end the following new paragraphs:
“(36)
Government of Chad.
“(37)
Government of Libya.
“(38)
Government of Mali.
“(39)
Government of Niger.”
.
Subtitle C—

Naval Vessels and Shipyards
SEC. 1021.

MODIFICATION OF REQUIREMENTS FOR ANNUAL LONG-RANGE PLAN FOR THE CONSTRUCTION OF NAVAL VESSELS.
(a)

Annual Naval Vessel Construction Plan.—
Subsection (b) of section 231 of title 10, United States Code, is amended—
(1)
in paragraph (1)—
(A)
by striking “should be designed” both places it appears and inserting “shall be designed”; and
(B)
by striking “is capable of supporting” both places it appears and inserting “supports”; and
(2)
in paragraph (2)—
(A)
in subparagraph (B), by inserting “and capabilities” after “naval vessel force structure”; and
(B)
by adding at the end the following new subparagraph:
“(D)
The estimated total cost of construction for each vessel used to determine estimated levels of annual funding under subparagraph (C).”
.
(b)

Assessment When Construction Plan Does Not Meet Force Structure Requirements.—
Such section is further amended by striking subsection (c) and inserting the following new subsection (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.”
.
SEC. 1022.

CLARIFICATION OF SOLE OWNERSHIP RESULTING FROM SHIP DONATIONS AT NO COST TO THE NAVY.
(a)

Clarification of Transfer Authority.—
Subsection (a) of section 7306 of title 10, United States Code, is amended to read as follows:
“(a)

Authority to Make Transfer.
The Secretary of the Navy may convey, by donation, all right, title, and interest to any vessel stricken from the Naval Vessel Register or any captured vessel, for use as a museum or memorial for public display in the United States, to—
“(1)
any State, the District of Columbia, any Commonwealth or possession of the United States, or any municipal corporation or political subdivision thereof; or
“(2)
any nonprofit entity.”
.
(b)

Clarification of Limitations on Liability and Responsibility.—
Subsection (b) of such section is amended to read as follows:
“(b)

Limitations on Liability and Responsibility.
(1)
The United States and all departments and agencies thereof, and their officers and employees, shall not be liable at law or in equity for any injury or damage to any person or property occurring on a vessel donated under this section.
“(2)
Notwithstanding any other law, the 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.”
.
(c)

Clarification That Transfers to Be Made at No Cost to the Department of Defense.—
(1)

In general.—
Subsection (c) of such section is amended—
(A)
by inserting after “under this section” the following: “, the maintenance and preservation of that vessel as a museum or memorial, and the ultimate disposal of that vessel, including demilitarization of Munitions List items at the end of the useful life of the vessel as a museum or memorial,”; and
(B)
by striking “the United States” and inserting “the Department of Defense”.
(2)

Clerical amendment.—
The heading for subsection (c) of such section is amended by striking “United States” and inserting “Department of Defense”.
(d)

Application of Environmental Laws; Definitions.—
Such section is further amended by adding at the end the following new subsections:
“(e)

Application of Environmental Laws.
Nothing in this section shall affect the applicability of Federal, State, interstate, and local environmental laws and regulations, including the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), to the Department of Defense or to a donee.
“(f)

Definitions.
In this section:
“(1)
The term ‘nonprofit entity’ means any entity qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986.
“(2)
The term ‘Munitions List’ means the United States Munitions List created and controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778).
“(3)
The term ‘donee’ means any entity receiving a vessel pursuant to subsection (a).”
.
(e)

Clerical Amendments.—
(1)

Section heading.—
The heading of such section is amended to read as follows:
“SEC. 7306.

Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation”
.
(2)

Table of sections.—
The item relating to such section in the table of sections at the beginning of chapter 633 of such title is amended to read as follows:
“7306.
Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation.’ ’”
.
[Section 1023 repealed by section 1026(e) of Public Law 113–291.]
SEC. 1024.

EXTENSION AND REMEDIATION OF NAVY CONTRACTING ACTIONS.
(a)

Authority for Short-term Extension or Renewal of Leases for Vessels Supporting the Transit Protection System Escort Program.—
(1)

In general.—
Notwithstanding section 2401 of title 10, United States Code, the Secretary of the Navy may extend or renew the lease of not more than four blocking vessels supporting the Transit Protection System Escort Program after the date of the expiration of the lease of such vessels, as in effect on the date of the enactment of this Act. Such an extension shall be for a term that is the shorter of—
(A)
the period beginning on the date of the expiration of the lease in effect on the date of the enactment of this Act and ending on the date on which the Secretary determines that a substitute is available for the capabilities provided by the lease, or that the capabilities provided by the vessel are no longer required; or
(B)
180 days.
(2)

Funding.—
Amounts authorized to be appropriated by section 301 and available for operation and maintenance, Navy, as specified in the funding tables in section 4301, may be available for the extension or renewal of a lease under paragraph (1).
(3)

Notice to congress.—
Prior to extending or renewing a lease under paragraph (1), the Secretary of the Navy shall submit to the congressional defense committees notification of the proposed extension or renewal. Such notification shall include—
(A)
a detailed description of the term of the proposed contract for the extension or renewal of the lease and a justification for extending or renewing the lease rather than obtaining the capability provided for by the lease, charter, or services involved through purchase of the vessel; and
(B)
a plan for meeting the capability provided for by the lease upon the completion of the term of the lease contract, as extended or renewed under paragraph (1).
(b)

Authority for Acceptance of Payment in Kind in Settlement of A-12 Aircraft Litigation.—
Notwithstanding any other provision of law, during fiscal year 2014 and any subsequent fiscal year, the Secretary of the Navy is authorized to accept and retain the following consideration in lieu of a monetary payment for purposes of the settlement of A-12 aircraft litigation arising from the default termination of Contract No. N00019-88-C-0050:
(1)
From General Dynamics Corporation, credit in an amount not to exceed $198,000,000 toward the design, construction, and delivery of the steel deckhouse, hangar, and aft missile launching system for the DDG 1002.
(2)
From the Boeing Company, three EA-18G Growler aircraft, with installed Airborne Electric Attack kits, valued at an amount not to exceed $198,000,000, at no cost to the Department of the Navy.
SEC. 1025.

REPORT COMPARING COSTS OF DDG 1000 AND DDG 51 FLIGHT III SHIPS.
Not later than March 15, 2014, the Secretary of the Navy shall submit to the congressional defense committees a report providing an updated comparison of the costs and risks of acquiring DDG 1000 and DDG 51 Flight III vessels equipped for enhanced ballistic missile defense capability. The report shall include each of the following:
(1)
An updated estimate of the total cost to develop, procure, operate, and support ballistic missile defense capable DDG 1000 destroyers equipped with the air and missile defense radar.
(2)
The estimate of the Secretary of the total cost of the current plan to develop, procure, operate, and support Flight III DDG 51 destroyers.
(3)
Details on the assumed ballistic missile defense requirements and construction schedules for both the DDG 1000 and DDG 51 Flight III destroyers referred to in paragraphs (1) and (2), respectively.
(4)
An updated comparison of the program risks and the resulting ship capabilities in all dimensions (not just ballistic missile defense) of the options referred to in paragraphs (1) and (2).
(5)
Any other information the Secretary determines appropriate.
SEC. 1026.

REPORT ON NAVAL VESSELS AND THE FORCE STRUCTURE ASSESSMENT.
(a)

Report Required.—
Not later than 30 days after the date of the submittal of the annual naval vessel construction plan required under section 231 of title 10, United States Code, for fiscal year 2015, the Chief of Naval Operations shall submit to the congressional defense committees a report on the current requirements for combatant vessels of the Navy and the anticipated requirements for such vessels during the 30-year period following the submittal of the report.
(b)

Elements.—
The report required by subsection (a) shall include each of the following:
(1)
A description of the naval capability requirements identified by the combatant commands in developing the Force Structure Assessment in 2005 and revalidating that Assessment in 2010.
(2)
The capabilities for each class of vessel that was assumed in the Force Structure Assessment.
(3)
An assessment of the capabilities of the current fleet of combatant vessels of the Navy to meet current and anticipated requirements.
(4)
An assessment of how the Navy is currently managing deployment schedules to meet combatant commander requirements with a smaller force than specified in the Force Structure Assessment of 2005, including the impact on—
(A)
the material condition of the naval force due to longer deployment times; and
(B)
long-term retention rates, especially in critical specialties.
(5)
An assessment of the capabilities of the anticipated fleet of combatant vessels of the Navy to meet emerging threats over the next 30 years.
(6)
An assessment of how the Navy will meet combatant command requirements for forward-deployed naval capabilities with a smaller number of ships and submarines.
(7)
An assessment of how the Navy will manage the risk of massing a greater set of capabilities on a smaller number of ships while facing an expanding range of asymmetrical threats, including—
(A)
anti-access/area-denial capabilities;
(B)
diesel-electric submarines;
(C)
mines; and
(D)
anti-ship cruise and ballistic missiles.
(8)
The assessment of the Commandant of the Marine Corps of—
(A)
the operational risk associated with the current and the planned number of ships of the amphibious assault force, including vessels designated as LHA, LHD, LPD, or LSD; and
(B)
the capabilities required to meet the needs of the Marine Corps for future ships of the amphibious assault force.
(c)

Form.—
The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
SEC. 1027.

MODIFICATION OF POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE FORCES OF THE NAVY.
Section 1012 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 7291 note) is amended—
(1)
by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively; and
(2)
in subsection (a), as so redesignated—
(A)
by striking “the request shall be for” and inserting “the request shall include a specific assessment of”; and
(B)
by inserting “in the analysis of alternatives” after “nuclear power system”.
Subtitle D—

Counterterrorism
SEC. 1031.

CLARIFICATION OF PROCEDURES FOR USE OF ALTERNATE MEMBERS ON MILITARY COMMISSIONS.
(a)

Primary and Alternate Members.—
(1)

Number of members.—
Subsection (a) of section 948m of title 10, United States Code, is amended—
(A)
in paragraph (1)—
(i)
by striking “at least five members” and inserting “at least five primary members and as many alternate members as the convening authority shall detail”; and
(ii)
by adding at the end the following new sentence: “Alternate members shall be designated in the order in which they will replace an excused primary member.”; and
(B)
in paragraph (2), by inserting “primary” after “the number of”.
(2)

General rules.—
Such section is further amended—
(A)
by redesignating subsection (b) and (c) as subsections (d) and (e), respectively; and
(B)
by inserting after subsection (a) the following new subsections (b) and (c):
“(b)

Primary Members.
Primary members of a military commission under this chapter are voting members.
“(c)

Alternate Members.
(1)
A military commission may include alternate members to replace primary members who are excused from service on the commission.
“(2)
Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed.”
.
(3)

Excuse of members.—
Subsection (d) of such section, as redesignated by paragraph (2)(A), is amended—
(A)
in the matter before paragraph (1), by inserting “primary or alternate” before “member”;
(B)
by striking “or” at the end of paragraph (2);
(C)
by striking the period at the end of paragraph (3) and inserting “; or”; and
(D)
by adding at the end the following new paragraph:
“(4)
in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority.”
.
(4)

Absent and additional members.—
Subsection (e) of such section, as redesignated by paragraph (2)(A), is amended—
(A)
in the first sentence—
(i)
by inserting “the number of primary members of” after “Whenever”;
(ii)
by inserting “primary” before “members required by”; and
(iii)
by inserting “and there are no remaining alternate members to replace the excused primary members” after “subsection (a)”; and
(B)
by adding at the end the following new sentence: “An alternate member who was present for the introduction of all evidence shall not be considered to be a new or additional member.”.
(b)

Challenges.—
Section 949f of such title is amended—
(1)
in subsection (a), by inserting “primary or alternate” before “members”; and
(2)
by adding at the end of subsection (b) the following new sentence: “Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice.”.
(c)

Number of Votes Required.—
Section 949m of such title is amended—
(1)
by inserting “primary” before “members” each place it appears; and
(2)
by adding at the end of subsection (b) the following new paragraph:
“(4)
The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met.”
.
SEC. 1032.

MODIFICATION OF REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM REPORTING REQUIREMENT.
(a)

In General.—
Section 2249c(c) of title 10, United States Code, is amended—
(1)
in paragraph (3), by inserting “, including engagement activities for program alumni,” after “subsection (a)”;
(2)
in paragraph (4), by inserting after “program” the following: “, including a list of any unfunded or unmet training requirements and requests”; and
(3)
by adding at the end the following new paragraph:
“(5)
A discussion and justification of how the program fits within the theater security priorities of each of the commanders of the geographic combatant commands.”
.
(b)
[10 U.S.C. 2249c note]

Effective Date.—
The amendments made by subsection (a) shall apply with respect to a report submitted for a fiscal year beginning after the date of the enactment of this Act.
SEC. 1033.

PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a)

In General.—
No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2015, to construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense unless authorized by Congress.
(b)

Exception.—
The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c)

Individual Detained at Guantanamo Defined.—
In this section, the term “individual detained at Guantanamo” has the meaning given that term in section 1035(e)(2).
SEC. 1034.

PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2015, to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who—
(1)
is not a United States citizen or a member of the Armed Forces of the United States; and
(2)
is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
[Section 1035 was repealed by section 1034 of division A of Public Law 114–92.]
SEC. 1036.

REPORT ON INFORMATION RELATING TO INDIVIDUALS DETAINED AT PARWAN, AFGHANISTAN.
(a)

Classified Report.—
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a classified report on information relating to the individuals detained by the Department of Defense at the Detention Facility at Parwan, Afghanistan, pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) who have been determined to represent an enduring security threat to the United States. Such report shall cover any individual detained at such facility as of the date of the enactment of this Act. Such report shall include for each such covered individual—
(1)
a description of the relevant organization or organizations with which the individual is affiliated;
(2)
whether the individual had ever been in the custody or under the effective control of the United States at any time before being detained at such facility and, if so, where the individual had been in such custody or under such effective control; and
(3)
whether the individual has been directly linked to the death of any member of the United States Armed Forces or any United States Government employee.
(b)

Declassification Review.—
Upon submittal of the classified report required under subsection (a), the Secretary of Defense shall conduct a declassification review of such report to determine what information, if any, may be made publicly available in an unclassified summary of the information contained in the report. In conducting such declassification review, the Secretary shall make such summary information publicly available to the maximum extent practicable, consistent with national security.
SEC. 1037.
[10 U.S.C. 948k note]

GRADE OF CHIEF PROSECUTOR AND CHIEF DEFENSE COUNSEL IN MILITARY COMMISSIONS ESTABLISHED TO TRY INDIVIDUALS DETAINED AT GUANTANAMO.
(a)

In General.—
For purposes of any military commission established under chapter 47A of title 10, United States Code, to try an alien unprivileged enemy belligerent (as such terms are defined in section 948a of such title) who is detained at United States Naval Station, Guantanamo Bay, Cuba, the chief defense counsel and the chief prosecutor shall have the same grade (as that term is defined in section 101(b)(7) of such title).
(b)

Waiver.—
(1)

In general.—
The Secretary of Defense may temporarily waive the requirement specified in subsection (a), if the Secretary determines that compliance with such subsection would—
(A)
be infeasible due to a non-availability of qualified officers of the same grade to fill the billets of chief defense counsel and chief prosecutor; or
(B)
cause a significant disruption to proceedings established under chapter 47A of title 10, United States Code.
(2)

Reports.—
Not later than 30 days after the Secretary issues a waiver under paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives the following:
(A)
A copy of the waiver and the determination of the Secretary to issue the waiver.
(B)
A statement of the basis for the determination, including an explanation of the non-availability of qualified officers or the significant disruption concerned.
(C)
Notice of the time period during which the waiver is in effect.
(c)

Guidance.—
Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to ensure that the office of the chief defense counsel and the office of the chief prosecutor receive equitable resources, personnel support, and logistical support for conducting their respective duties in connection with any military commission established under chapter 47A of title 10, United States Code, to try an alien unprivileged enemy belligerent (as such terms are defined in section 948a of such title) who is detained at United States Naval Station, Guantanamo Bay, Cuba.
SEC. 1038.

REPORT ON CAPABILITY OF YEMENI GOVERNMENT TO DETAIN, REHABILITATE, AND PROSECUTE INDIVIDUALS DETAINED AT GUANTANAMO WHO ARE TRANSFERRED TO YEMEN.
(a)

Report Required.—
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the capability of the government of Yemen to detain, rehabilitate, and prosecute individuals detained at Guantanamo who are transferred to Yemen. Such report shall include an assessment of any humanitarian issues that may be encountered in transferring individuals detained at Guantanamo to Yemen.
(b)

Individual Detained at Guantanamo Defined.—
In this section, the term “individual detained at Guantanamo” has the meaning given such term in section 1035(e)(2).
SEC. 1039.

REPORT ON ATTACHMENT OF RIGHTS TO INDIVIDUALS DETAINED AT GUANTANAMO IF TRANSFERRED TO THE UNITED STATES.
(a)

Report.—
Not later than 120 days after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of Defense, shall submit to the congressional defense committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate a report on the legal rights, if any, for which an individual detained at Guantanamo (as such term is defined in section 1035(e)(2)), if transferred to the United States, may become eligible, by reason of such transfer.
(b)

Elements of Report.—
The report required by subsection (a) shall include each of the following:
(1)
An assessment of the extent to which an individual detained at Guantanamo, if transferred to the United States, could become eligible, by reason of such transfer, for—
(A)
relief from removal from the United States, including pursuant to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
(B)
any required release from immigration detention, including pursuant to the decision of the Supreme Court in Zadvydas v. Davis;
(C)
asylum or withholding of removal; or
(D)
any additional constitutional right.
(2)
For any right referred to in paragraph (1) for which the Attorney General determine such an individual could become eligible if so transferred, a description of the reasoning behind such determination and an explanation of the nature of the right.
(3)
An analysis of the extent to which legislation or other steps could address any legal rights described in paragraph (1).
Subtitle E—

Sensitive Military Operations
SEC. 1041.

CONGRESSIONAL NOTIFICATION OF SENSITIVE MILITARY OPERATIONS.
(a)

Notification Required.—
(1)

In general.—
Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section:
“SEC. 130f.
[10 U.S.C. 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.).”
.
(2)

Clerical amendment.—
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 130e the following new item:
“130f.
Congressional notification regarding sensitive military operations.”
.
(b)
[10 U.S.C. 130f note]

Effective Date.—
Section 130f of title 10, United States Code, as added by subsection (a), shall apply with respect to any sensitive military operation (as defined in subsection (d) of such section) executed on or after the date of the enactment of this Act.
(c)
[10 U.S.C. 130f note]

Deadline for Submittal of Procedures.—
The Secretary of Defense shall submit to the congressional defense committees the procedures required under section 130f(b) of title 10, United States Code, as added by subsection (a), by not later than 60 days after the date of the enactment of this Act.
SEC. 1042.

COUNTERTERRORISM OPERATIONAL BRIEFINGS.
(a)

Briefings Required.—
(1)

In general.—
Chapter 23 of title 10, United States Code, is amended by inserting after section 484 the following new section:
“SEC. 485.
[10 U.S.C. 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.”
.
(2)

Clerical amendment.—
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 484 the following new item:
“485.
Quarterly counterterrorism operations briefings.”
.
(b)

Conforming Repeal.—
Section 1031 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1570; 10 U.S.C. 167 note) is hereby repealed.
SEC. 1043.

REPORT ON PROCESS FOR DETERMINING TARGETS OF LETHAL OR CAPTURE OPERATIONS.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing an explanation of the legal and policy considerations and approval processes used in determining whether an individual or group of individuals could be the target of a lethal operation or capture operation conducted by the Armed Forces of the United States outside the United States and outside of Afghanistan.
Subtitle F—

Nuclear Forces
SEC. 1051.

NOTIFICATION REQUIRED FOR REDUCTION OR CONSOLIDATION OF DUAL-CAPABLE AIRCRAFT BASED IN EUROPE.
(a)

Sense of Congress.—
It is the sense of Congress that the President should not reduce or consolidate the basing of dual-capable aircraft of the United States that are based in Europe unless—
(1)
the President takes into account whether the Russian Federation has carried out similar reductions or consolidations with respect to dual-capable aircraft of Russia;
(2)
the Secretary of Defense has consulted with the member states of the North Atlantic Treaty Organization (NATO) with respect to the planned reduction or consolidation of dual-capable aircraft of the United States; and
(3)
there is a consensus among such member states that the nuclear posture of NATO is not adversely affected by such reduction or consolidation.
(b)

Notification.—
(1)

In general.—
Chapter 24 of title 10, United States Code, is amended by inserting after section 497 the following new section:
“SEC. 497a.
[10 U.S.C. 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.”
.
(2)

Clerical amendment.—
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 497 the following new item:
“497a.
Notification required for reduction or consolidation of dual-capable aircraft based in Europe.”
.
SEC. 1052.

COUNCIL ON OVERSIGHT OF THE NATIONAL LEADERSHIP COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM.
(a)

Establishment.—
(1)

In general.—
Chapter 7 of title 10, United States Code, is amended by inserting after section 171 the following new section:
“SEC. 171a.
[10 U.S.C. 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.”
.
(2)

Clerical amendment.—
The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 171 the following new item:
“171a.
Council on Oversight of the National Leadership Command, Control, and Communications System.”
.
(3)

Report on establishment.—
Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the Council on Oversight of the National Leadership Command, Control, and Communications System established by section 171a of title 10, United States Code, as added by paragraph (1), including the following:
(A)
The charter and organizational structure of the Council.
(B)
Such recommendations for legislative action as the Secretary considers appropriate to improve the authorities relating to the Council.
(C)
A funding plan over the period of the current future-years defense program under section 221 of title 10, United States Code, to ensure a robust and modern nuclear command, control, and communications capability.
(b)

Conforming Amendments.—
Section 491 of title 10, United States Code, is amended—
(1)
by striking subsection (c); and
(2)
by redesignating subsection (d) as subsection (c).
SEC. 1053.

MODIFICATION OF RESPONSIBILITIES AND REPORTING REQUIREMENTS OF NUCLEAR WEAPONS COUNCIL.
(a)

Responsibilities.—
Subsection (d) of section 179 of title 10, United States Code, is amended—
(1)
by striking paragraph (10); and
(2)
by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively.
(b)

Annual Report.—
Subsection (g) of such section is amended by adding at the end the following new paragraph:
“(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.”
.
(c)

Technical Amendment.—
Such subsection (g) is further amended in the matter preceding paragraph (1) by striking “on the following” and inserting “that includes the following”.
SEC. 1054.

MODIFICATION OF DEADLINE FOR REPORT ON PLAN FOR NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, NUCLEAR WEAPONS DELIVERY SYSTEMS, AND NUCLEAR WEAPONS COMMAND AND CONTROL SYSTEM.
Section 1043(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1576) is amended—
(1)
in the subsection heading, by striking “on the Plan” and all that follows through “Control System” and inserting “Required”;
(2)
in paragraph (1), by striking “Together with the budget of the President submitted to Congress” and inserting “Not later than 30 days after the submission to Congress of the budget of the President”; and
(3)
by adding at the end the following new paragraph:
“(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.”
.
SEC. 1055.

PROHIBITION ON ELIMINATION OF NUCLEAR TRIAD.
(a)

Prohibition.—
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended to reduce, convert, or decommission any strategic delivery system if such reduction, conversion, or decommissioning would eliminate a leg of the nuclear triad.
(b)

Nuclear Triad Defined.—
In this section, the term “nuclear triad” means the nuclear deterrent capabilities of the United States composed of the following:
(1)
Land-based intercontinental ballistic missiles.
(2)
Submarine-launched ballistic missiles and associated ballistic missile submarines.
(3)
Nuclear-certified strategic bombers.
SEC. 1056.

IMPLEMENTATION OF NEW START TREATY.
(a)

Implementation.—
(1)

Fiscal year 2014 activities.—
With respect to reductions to the nuclear forces of the United States necessary to meet the New START Treaty levels, the Secretary of Defense may only use funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 to carry out activities to prepare for such reductions. Subject to the limitation in subsection (b), such activities may include the preparation of any documents needed to support an environmental assessment process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that may be required to support such reductions.
(2)
[10 U.S.C. 494 note]

Consolidated budget display.—
The Secretary shall include with the defense budget materials for each fiscal year specified in paragraph (3) a consolidated budget justification display that individually covers each program and activity associated with the implementation of the New START Treaty for the period covered by the future-years defense program submitted under section 221 of title 10, United States Code, at or about the time as such defense budget materials are submitted.
(3)

Fiscal year specified.—
A fiscal year specified in this paragraph is each fiscal year that occurs during the period beginning with fiscal year 2015 and ending on the date on which the New START Treaty is no longer in force.
(b)

Limitation.—
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for environmental assessment activities to support reductions to the nuclear forces of the United States, not more than 50 percent may be obligated or expended until—
(1)
the Secretary of Defense submits to Congress the plan required by subsection (a) of section 1042 of the National Defense Authorization Act of Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1575), including a description of various options for the nuclear force structure of the United States under the New START Treaty, including the preferred force structure option of the Secretary (such plan and options may be subject to modification based on the results of the environmental assessment and other subsequent developments);
(2)
the Commander of the United States Strategic Command submits to the congressional defense committees a report providing the assessment of the Commander with respect to the options contained in the plan described in paragraph (1), including the preferred force structure option of the Secretary; and
(3)
the Chairman of the Joint Chiefs of Staff certifies to the congressional defense committees that conducting such environmental assessment activities will not imperil the ability of the military to comply with the New START Treaty levels by February 2018.
(c)

Modification of Limitation on Retirement of B-52 Aircraft.—
(1)

Common conventional capability configuration.—
Subsection (a)(1)(C) of section 131 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2111), as added by section 137(a)(1)(C) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 32), is amended by striking “common capability configuration” and inserting “common conventional capability configuration”.
(2)

Conversion.—
Notwithstanding such section 131 or any other provision of law, the Secretary of Defense may not convert a B-52 aircraft described in subsection (a)(1)(C) of such section 131 to a configuration that does not allow the aircraft to perform nuclear missions unless the Secretary has submitted to Congress the information required under subsection (b).
(d)

Report on Collaboration Among the Strategic Forces of the Armed Forces.—
(1)

Report required.—
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on collaboration among the Army, the Navy, and the Air Force on activities related to strategic systems to provide efficiencies, improve technology sharing, and yield other potential benefits.
(2)

Elements.—
The report under paragraph (1) shall include the following:
(A)
A description of current collaboration among the Army, the Navy, and the Air Force on strategic system programs, including strategic missiles systems, conventional prompt global strike, and other strategic forces as the Secretary determines appropriate.
(B)
A description and assessment of any additional opportunities for such collaboration, including the benefits that may be realized by such efforts, the risks and costs to existing programs, and potential effects on the defense industrial base that supports strategic systems.
(e)

Sense of Congress.—
It is the sense of Congress that—
(1)
the successful implementation of the New START Treaty requires the partnership of the President and Congress;
(2)
the force structure required by the New START Treaty should preserve Minuteman III intercontinental ballistic missile silos that contain a deployed missile as of the date of the enactment of this Act in, at a minimum, a warm status that enables such silo to be made fully operational with a deployed missile and remain a fully functioning element of the interconnected and redundant command and control system of the missile field; and
(3)
the distribution of any such warm-status silos should not disproportionally affect the force structure of any one operational intercontinental ballistic missile wing.
(f)
[10 U.S.C. 494 note]

Definitions.—
In this section:
(1)
The term “defense budget materials” has the meaning given that term in section 231(f) of title 10, United States Code.
(2)
The term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.
SEC. 1057.
[10 U.S.C. 495 note]

RETENTION OF CAPABILITY TO REDEPLOY MULTIPLE INDEPENDENTLY TARGETABLE REENTRY VEHICLES.
(a)

Deployment Capability.—
The Secretary of the Air Force shall ensure that the Air Force is capable of—
(1)
deploying multiple independently targetable reentry vehicles to Minuteman III and Sentinel intercontinental ballistic missiles; and
(2)
commencing such deployment not later than 180 days after the date on which the President determines such deployment necessary.
(b)

Warhead Capability.—
The Nuclear Weapons Council established by section 179 of title 10, United States Code, shall ensure that—
(1)
the nuclear weapons stockpile contains a sufficient number of nuclear warheads that are capable of being deployed as multiple independently targetable reentry vehicles with respect to Minuteman III and Sentinel intercontinental ballistic missiles; and
(2)
such deployment is capable of being commenced not later than 180 days after the date on which the President determines such deployment necessary.
SEC. 1058.

REPORT ON NEW START TREATY.
Not later than January 15, 2014, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on whether the New START Treaty (as defined in section 494(a)(2)(D)(ii) of title 10, United States Code) is in the national security interests of the United States.
SEC. 1059.

REPORT ON IMPLEMENTATION OF THE RECOMMENDATIONS OF THE PALOMARES NUCLEAR WEAPONS ACCIDENT REVISED DOSE EVALUATION REPORT.
Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the recommendations of the Palomares Nuclear Weapons Accident Revised Dose Evaluation Report released by the Air Force in April 2001.
SEC. 1060.

SENSE OF CONGRESS ON FURTHER STRATEGIC NUCLEAR ARMS REDUCTIONS WITH THE RUSSIAN FEDERATION.
(a)

In General.—
It is the sense of Congress that, if the United States seeks further strategic nuclear arms reductions with the Russian Federation that are below the levels of the New START Treaty, such reductions should—
(1)
be pursued through a mutually negotiated agreement with Russia;
(2)
be verifiable;
(3)
be made pursuant to the treaty-making power of the President as set forth in Article II, section 2, clause 2 of the Constitution; and
(4)
take into account the full range of nuclear weapon capabilities that threaten the United States and the forward-deployed forces and allies of the United States, including such capabilities relating to nonstrategic nuclear weapons.
(b)

New START Treaty Defined.—
The term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.
SEC. 1061.

SENSE OF CONGRESS ON COMPLIANCE WITH NUCLEAR ARMS CONTROL TREATY OBLIGATIONS.
It is the sense of Congress that, if the President determines that a foreign nation is in substantial noncompliance with its obligations under a nuclear arms control treaty to which the United States is a party in a manner that adversely affects the national security of the United States or its allies or alliances, the President should—
(1)
conduct an assessment of the effect of such noncompliance on the national security interests of the United States and its allies;
(2)
determine what further actions are warranted by the United States in response to such noncompliance;
(3)
determine whether such noncompliance threatens the viability of such treaty;
(4)
take appropriate steps to resolve the noncompliance issue;
(5)
keep Congress informed of developments relating to such noncompliance issue;
(6)
inform Congress of the assessment and plan of the President to resolve such noncompliance issue, including any plans to address the issue diplomatically with the government of the noncompliant nation and the affected allies and alliances;
(7)
consider if the United States should, in light of such noncompliance, engage in future nuclear arms control negotiations with the government of the noncompliant nation; and
(8)
consider the potential effect of such noncompliance on the consideration by the Senate of a future nuclear arms reduction treaty involving the government of the noncompliant nation.
SEC. 1062.
[10 U.S.C. 495 note]

SENSES OF CONGRESS ON ENSURING THE MODERNIZATION OF THE NUCLEAR FORCES OF THE UNITED STATES.
(a)

Policy.—
It is the policy of the United States to—
(1)
modernize or replace the triad of strategic nuclear delivery systems;
(2)
proceed with a robust stockpile stewardship program;
(3)
maintain and modernize the nuclear weapons production capabilities that will ensure the safety, security, reliability, and performance of the nuclear forces of the United States at the levels required by the New START Treaty; and
(4)
underpin deterrence by meeting the requirements for hedging against possible international developments or technical problems, in accordance with the policies of the United States.
(b)

Sense of Congress on Modernization of Nuclear Forces.—
It is the sense of Congress that—
(1)
Congress is committed to providing the resources needed to achieve the objectives stated in subsection (a) at a minimum at the level set forth in the 10-year plan provided to Congress on an annual basis pursuant to section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1576), as amended;
(2)
Congress supports the modernization or replacement of the triad of strategic nuclear delivery systems consisting of—
(A)
a heavy bomber and air-launched cruise missile;
(B)
an intercontinental ballistic missile; and
(C)
a ballistic missile submarine and submarine-launched ballistic missile; and
(3)
the President and Congress should work together to meet the objectives stated in subsection (a) in the most cost-efficient manner possible.
(b)

Sense of Congress on Long-Range Strike Bomber Aircraft.—
It is the sense of Congress that—
(1)
advancements in air-to-air and surface-to-air weapons systems by foreign powers will require increasingly sophisticated long-range strike capabilities;
(2)
upgrading the existing bomber aircraft fleet of the United States consisting of B-1B, B-2, and B-52 bomber aircraft must remain a high budget priority in order to maintain the combat effectiveness of such fleet; and
(3)
the Air Force should continue to prioritize development and acquisition of the long-range strike bomber program.
Subtitle G—

Miscellaneous Authorities and Limitations
SEC. 1071.

ENHANCEMENT OF CAPACITY OF THE UNITED STATES GOVERNMENT TO ANALYZE CAPTURED RECORDS.
(a)

In General.—
Chapter 21 of title 10, United States Code, is amended by inserting after section 426 the following new section:
“SEC. 427.
[10 U.S.C. 427]

Conflict Records Research Center
“(a)

Center Authorized.
The Secretary of Defense may establish a center to be known as the ‘Conflict Records Research Center’ (in this section referred to as the ‘Center’).
“(b)

Purposes.
The purposes of the Center shall be the following:
“(1)
To establish a digital research database, including translations, and to facilitate research and analysis of records captured from countries, organizations, and individuals, now or once hostile to the United States, with rigid adherence to academic freedom and integrity.
“(2)
Consistent with the protection of national security information, personally identifiable information, and intelligence sources and methods, to make a significant portion of these records available to researchers as quickly and responsibly as possible while taking into account the integrity of the academic process and risks to innocents or third parties.
“(3)
To conduct and disseminate research and analysis to increase the understanding of factors related to international relations, counterterrorism, and conventional and unconventional warfare and, ultimately, enhance national security.
“(4)
To collaborate with members of academic and broad national security communities, both domestic and international, on research, conferences, seminars, and other information exchanges to identify topics of importance for the leadership of the United States Government and the scholarly community.
“(c)

Concurrence of the Director of National Intelligence.
The Secretary of Defense shall seek the concurrence of the Director of National Intelligence to the extent the efforts and activities of the Center involve the entities referred to in subsection (b)(4).
“(d)

Support From Other United States Government Departments or Agencies.
The head of any non-Department of Defense department or agency of the United States Government may—
“(1)
provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; and
“(2)
transfer funds to the Secretary of Defense to support the operations of the Center.
“(e)

Acceptance of Gifts and Donations.
(1)
Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center.
“(2)
The sources specified in this paragraph are the following:
“(A)
The government of a State or a political subdivision of a State.
“(B)
The government of a foreign country.
“(C)
A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.
“(D)
Any source in the private sector of the United States or a foreign country.
“(3)
The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise—
“(A)
the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or
“(B)
the integrity of any program of the Department or of any person involved in such a program.
“(4)
The Secretary shall provide written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection.
“(f)

Crediting of Funds Transferred or Accepted.
Funds transferred to or accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged. Any funds so transferred or accepted shall remain available until expended.
“(g)

Definitions.
In this section:
“(1)
The term ‘captured record’ means a document, audio file, video file, or other material captured during combat operations from countries, organizations, or individuals, now or once hostile to the United States.
“(2)
The term ‘gift or donation’ means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).”
.
(b)

Clerical Amendment.—
The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 426 the following new item:
“427.
Conflict Records Research Center.”
.
SEC. 1072.

STRATEGIC PLAN FOR THE MANAGEMENT OF THE ELECTROMAGNETIC SPECTRUM.
(a)

In General.—
Section 488 of title 10, United States Code, is amended—
(1)
in subsection (a)—
(A)
by striking “other year, and in time for submission to Congress under subsection (b),” and inserting “three years”;
(B)
by inserting after “Secretary of Defense” the following: “, in consultation with the Director of National Intelligence and the Secretary of Commerce,”;
(C)
by striking “the mission of the Department of Defense.” and inserting “the national security of the United States. Each such strategic plan shall include each of the following:”; and
(D)
by adding at the end the following new paragraphs:
“(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.”
;
(2)
by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection (b):
“(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.”
;
(3)
in subsection (c), as so redesignated—
(A)
by striking “The Secretary” and inserting “(1) The Secretary”; and
(B)
by adding at the end the following new paragraph:
“(2)
Each strategic plan submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.”
.
(b)

Clerical Amendments.—
(1)

Heading.—
The section heading for section 488 of title 10, United States Code, is amended by striking “: biennial strategic plan”.
(2)

Table of sections.—
The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 488 and inserting the following new item:
“488.
Management of electromagnetic spectrum.”
.
SEC. 1073.

EXTENSION OF AUTHORITY TO PROVIDE MILITARY TRANSPORTATION SERVICES TO CERTAIN OTHER AGENCIES AT THE DEPARTMENT OF DEFENSE REIMBURSEMENT RATE.
(a)

In General.—
Subsection (a) of section 2642 of title 10, United States Code, is amended—
(1)
by striking “airlift” each place it appears and inserting “transportation”; and
(2)
in paragraph (3)—
(A)
by striking “October 28, 2014” and inserting “September 30, 2019”;
(B)
by inserting “military transportation services provided in support of foreign military sales” after “Department of Defense”; and
(C)
by striking “air industry” and inserting “transportation industry”.
(b)

Technical Amendment.—
The heading for such section is amended by striking “Airlift” and inserting “Transportation”.
(c)

Clerical Amendment.—
The table of sections at the beginning of chapter 157 of such title is amended by striking the item relating to section 2642 and inserting the following new item:
“2642.
Transportation services provided to certain other agencies: use of Department of Defense reimbursement rates.”
.
SEC. 1074.

NOTIFICATION OF MODIFICATIONS TO ARMY FORCE STRUCTURE.
(a)

Certification of Environmental Compliance.—
The Secretary of the Army shall certify to the congressional defense committees that Army force structure modifications, reductions, and additions authorized as of the date of the enactment of this Act that will utilize funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of the Army are compliant with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b)
[10 U.S.C. 993 note]

Notification of Necessary Assessments or Studies.—
The Secretary of the Army, when making a congressional notification in accordance with section 993 of title 10, United States Code, shall include the Secretary’s assessment of whether or not the changes covered by the notification require an Environmental Assessment or Environmental Impact Statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and, if an assessment or study is required, the plan for conducting such assessment or study.
SEC. 1075.
[49 U.S.C. 40101 note]

AIRCRAFT JOINT TRAINING.
(a)

Unmanned Aircraft Joint Training and Usage Plan.—
(1)

Methods.—
The Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the Federal Aviation Administration shall jointly develop and implement plans and procedures to review the potential of joint testing and evaluation of unmanned aircraft equipment and systems with other appropriate departments and agencies of the Federal Government that may serve the dual purpose of providing capabilities to the Department of Defense to meet the future requirements of combatant commanders and domestically to strengthen international border security.
(2)

Report.—
Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the Federal Aviation Administration shall jointly submit to Congress a report on the status of the development of the plans and procedures required under paragraph (1), including a cost-benefit analysis of the shared expenses between the Department of Defense and other appropriate departments and agencies of the Federal Government to support such plans.
(b)

Aircraft Simulator Training.—
It is the sense of Congress that—
(1)
the use of aircraft simulators offers cost savings and provides members of the Armed Forces cost-effective preparation for combat; and
(2)
existing synergies between the Department of Defense and entities in the private sector should be maintained and cultivated to provide members of the Armed Forces with the most cost-effective aircraft simulation capabilities possible.
Subtitle H—

Studies and Reports
SEC. 1081.

ONLINE AVAILABILITY OF REPORTS SUBMITTED TO CONGRESS.
(a)

In General.—
Subsection (a) of section 122a of title 10, United States Code, is amended to read as follows:
“(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.”
.
(b)
[10 U.S.C. 122a note]

Effective Date.—
The amendment made by subsection (a) shall apply with respect to reports submitted to Congress after the date of the enactment of this Act.
SEC. 1082.

OVERSIGHT OF COMBAT SUPPORT AGENCIES.
Section 193(a)(1) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by inserting “and the congressional defense committees” after “the Secretary of Defense”.
SEC. 1083.

INCLUSION IN ANNUAL REPORT OF DESCRIPTION OF INTERAGENCY COORDINATION RELATING TO HUMANITARIAN DEMINING TECHNOLOGY.
Section 407(d) of title 10, United States Code, is amended—
(1)
in paragraph (3), by striking “and” at the end;
(2)
in paragraph (4), by striking the period and inserting “; and”; and
(3)
by adding at the end the following new paragraph:
“(5)
a description of interagency efforts to coordinate and improve research, development, test, and evaluation for humanitarian demining technology and mechanical clearance methods, including the transfer of relevant counter-improvised explosive device technology with potential humanitarian demining applications.”
.
SEC. 1084.

REPEAL AND MODIFICATION OF REPORTING REQUIREMENTS.
(a)

Title 10, United States Code.—
Title 10, United States Code, is amended as follows:
(1)
(A)
Section 483 is repealed.
(B)
The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 483.
(2)
Section 2216 is amended—
(A)
by striking subsection (i); and
(B)
by redesignating subsections (j) and (k) as subsections (i) and (j), respectively.
(3)
Section 2885(a)(3) is amended by striking “If a project” and inserting “In the case of a project for new construction, if the project”.
(b)

Annual National Defense Authorization Acts.—
(1)

Fiscal year 2009.—
Section 903(b)(5) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 2228 note), as amended by section 334, is further amended by striking subparagraph (A), as designated by such section, and inserting the following new subparagraph (A):
“(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.”
.
(2)

Fiscal year 2008.—
The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended as follows:
(A)
Section 1074(b)(6) (10 U.S.C. 113 note) is amended—
(i)
in subparagraph (A), by striking “The Secretary” and inserting “Except as provided in subparagraph (D), the Secretary”; and
(ii)
by adding at the end the following new subparagraph:
“(D)

Exceptions.
Subparagraph (A) does not apply 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).”
.
(B)
Section 2864 (10 U.S.C. 2911 note) is repealed.
(3)
[10 U.S.C. 2911 note]

Fiscal year 2007.—
Section 226 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2131) is repealed.
SEC. 1085.

REPEAL OF REQUIREMENT FOR COMPTROLLER GENERAL ASSESSMENT OF DEPARTMENT OF DEFENSE EFFICIENCIES.
Section 1054 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1582) is repealed.
SEC. 1086.

REVIEW AND ASSESSMENT OF UNITED STATES SPECIAL OPERATIONS FORCES AND UNITED STATES SPECIAL OPERATIONS COMMAND.
(a)

In General.—
The Secretary of Defense shall conduct a review of the United States Special Operations Forces organization, capabilities, structure, and oversight.
(b)

Report.—
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the review conducted under subsection (a). Such report shall include an analysis and, where appropriate, an assessment of the adequacy of each of the following:
(1)
The organizational structure of the United States Special Operations Command and each subordinate component, as in effect as of the date of the enactment of this Act.
(2)
The policy and civilian oversight structures for Special Operations Forces within the Department of Defense, as in effect as of the date of the enactment of this Act, including the statutory structures and responsibilities of the Office of the Secretary of Defense for Special Operations and Low Intensity Conflict and the alignment of resources, including human capital, with regard to such responsibilities within the Department.
(3)
The roles and responsibilities of United States Special Operations Command and Special Operations Forces under section 167 of title 10, United States Code.
(4)
Current and future special operations peculiar requirements of the commanders of the geographic combatant commands and Theater Special Operations Commands.
(5)
Command relationships between United States Special Operations Command, its subordinate component commands, and the geographic combatant commands.
(6)
The funding authorities, uses, acquisition processes, and civilian oversight mechanisms of Major Force Program-11.
(7)
Changes to structure, authorities, acquisition processes, oversight mechanisms, Major Force Program-11 funding, roles, and responsibilities assumed in the 2014 Quadrennial Defense Review.
(8)
Any other matters the Secretary of Defense determines are appropriate to ensure a comprehensive review and assessment.
(c)

In General.—
Not later than 60 days after the date on which the report required by subsection (b) is submitted, the Comptroller General of the United States shall submit to the congressional defense committees a review of the report. Such review shall include an assessment of—
(1)
United States Special Operations Forces organization, force structure, capabilities, authorities, acquisition processes, and civilian oversight mechanisms;
(2)
how the special operations force structure is aligned with conventional force structures and national military strategies; and
(3)
any other matters the Comptroller General determines are relevant.
SEC. 1087.

REPORTS ON UNMANNED AIRCRAFT SYSTEMS.
(a)

Report on Collaboration, Demonstration, and Use Cases and Data Sharing.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Transportation, the Administrator of the Federal Aviation Administration, and the Administrator of the National Aeronautics and Space Administration, on behalf of the UAS Executive Committee, shall submit jointly to the appropriate congressional committees a report setting forth the following:
(1)
The collaboration, demonstrations, and initial fielding of unmanned aircraft systems at test sites within and outside of restricted airspace.
(2)
The progress being made to develop public and civil sense-and-avoid and command-and-control technology.
(3)
An assessment on the sharing of operational, programmatic, and research data relating to unmanned aircraft systems operations by the Federal Aviation Administration, the Department of Defense, and the National Aeronautics and Space Administration to help the Federal Aviation Administration establish civil unmanned aircraft systems certification standards, pilot certification and licensing, and air traffic control procedures, including identifying the locations selected to collect, analyze, and store the data.
(b)

Report on Resource Requirements Needed for Unmanned Aircraft Systems Described in the 5-year Roadmap.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, on behalf of the UAS Executive Committee, shall submit to the appropriate congressional committees a report setting forth the resource requirements needed to meet the milestones for unmanned aircraft systems integration described in the 5-year roadmap under section 332(a)(5) of the FAA Modernization and Reform Act (Public Law 112-95; 49 U.S.C. 40101 note).
(c)

Definitions.—
In this section:
(1)
The term “appropriate congressional committees” means—
(A)
the Committee on Armed Services, the Committee on Commerce, Science and Transportation, and the Committee on Appropriations of the Senate; and
(B)
the Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives.
(2)
The term “UAS Executive Committee” means the Department of Defense-Federal Aviation Administration executive committee described in section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4596) established by the Secretary of Defense and the Administrator of the Federal Aviation Administration.
SEC. 1088.

REPORT ON FOREIGN LANGUAGE SUPPORT CONTRACTS FOR THE DEPARTMENT OF DEFENSE.
(a)

In General.—
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an assessment of the current approach of the Department of Defense to managing foreign language support contracts for the Department.
(b)

Elements.—
The report required by subsection (a) shall include each of the following:
(1)
A description and analysis of the spending by the Department on all types of foreign language support services and products acquired by the components of the Department.
(2)
An assessment, in light of the analysis under paragraph (1), of whether any adjustment is needed in the management of foreign language support contracts for the Department in order to obtain efficiencies in contracts for all types of foreign language support for the Department.
SEC. 1089.

CIVIL AIR PATROL.
(a)

Report.—
The Secretary of the Air Force shall submit to the congressional defense committees a report on the Civil Air Patrol fleet.
(b)

Elements.—
The report required by subsection (a) shall include the following:
(1)
An assessment of whether the current number of aircraft, operating locations, and types of aircraft in the Civil Air Patrol fleet are suitable for each of the following:
(A)
Emergency missions in support of the Air Force, the Federal Emergency Management Agency, State and local governments, and others.
(B)
Other operational missions in support of the Air Force, other Federal agencies, State and local governments, and others.
(C)
Flight proficiency, flight training, and operational mission training and support for cadet orientation and cadet flight training programs in every State Civil Air Patrol wing.
(2)
An assessment of the ideal overall size of the Civil Air Patrol aircraft fleet, including a description of the factors used in determining that size.
(3)
An assessment of the process used by the Civil Air Patrol and the Air Force to determine aircraft operating locations, and whether State wing commanders are appropriately involved in that process.
(4)
An assessment of the process used by the Civil Air Patrol, the Air Force, the Federal Emergency Management Agency, and others to determine the type of aircraft and number of aircraft to be needed to support emergency, operational, and training missions.
Subtitle I—

Other Matters
SEC. 1091.

TECHNICAL AND CLERICAL AMENDMENTS.
(a)

Title 10.—
Title 10, United States Code, is amended as follows:
(1)
The table of chapters at the beginning of subtitle A, and at the beginning of part I of such subtitle, are each amended by striking the item relating to chapter 24 and inserting the following:
“24.
Nuclear Posture”
. 491
(2)
The table of sections at the beginning of chapter 3 is amended by striking the item relating to section 130e and inserting the following new item:
“130e.
Treatment under Freedom of Information Act of critical infrastructure security information.”
.
(3)
Section 179(a)(5) is amended by striking “commander” and inserting “Commander”.
(4)
The table of sections at the beginning of chapter 9 is amended by striking the item relating to section 231 and inserting the following new item:
“231.
Budgeting for construction of naval vessels: annual plan and certification.”
.
(5)
Section 231a(a) is amended by striking “fiscal year of Defense” and inserting “fiscal year, the Secretary of Defense”.
(6)
Chapter 24 is amended by adding a period at the end of the enumerator of section 498.
(7)
Section 494(c) is amended by striking “the date of the enactment of this Act” each place it appears and inserting “December 31, 2011”.
(8)
Section 673(a) is amended by inserting “of the Uniform Code of Military Justice” after “120c”.
(9)
Section 1401a is amended by striking “before the enactment of the National Defense Authorization Act for Fiscal Year 2008” in subsections (d) and (e) and inserting “before January 28, 2008”.
(10)
Section 2359b(k)(4)(B) is amended by adding a period at the end.
(11)
Section 2461(a)(5)(E)(i) is amended by striking “the a” and inserting “the”.
(b)
[10 U.S.C. 493 note]

National Defense Authorization Act for Fiscal Year 2013.—
Effective as of January 2, 2013, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239) is amended as follows:
(1)
[10 U.S.C. 2366b]
Section 322(e)(2) (126 Stat. 1695) is amended by striking “Section 2366b(A)(3)(F)” and inserting “Section 2366b(a)(3)(F)”.
(2)
[10 U.S.C. 2583]
Section 371(a)(1) (126 Stat. 1706) is amended by striking “subsections (f) and (g) as subsections (g) and (h), respectively” and inserting “subsection (f) as subsection (g)”.
(3)
[37 U.S.C. 478a]
Section 611(7) (126 Stat. 1776) is amended by striking “Section 408a(e)” and inserting “Section 478a(e)”.
(4)
[10 U.S.C. 2304 note]
Section 822(b) (126 Stat. 1830) is amended by striking “such Act” and inserting “such section”.
(5)
[10 U.S.C. 493]
Section 1031(b)(3)(B) (126 Stat. 1918) is amended by striking the subclause (III) immediately below clause (iv).
(6)
[10 U.S.C. 492 note]
Section 1031(b)(4) (126 Stat. 1919) is amended by striking “Section 1031(b)” and inserting “Section 1041(b)”.
(7)
[42 U.S.C. 3791 note]
Section 1086(d)(1) (126 Stat. 1969) is amended by striking “paragraph (1)” and inserting “paragraph (2)”.
(8)
Section 1221(a)(2) (126 Stat. 1992) is amended by striking “fiscal” both places it appears and inserting “Fiscal”.
(9)
[15 U.S.C. 2229a]
Section 1804 (126 Stat. 2111) is amended—
(A)
in subsection (h)(1)(B), by striking “
inserting ‘
; and
’;
” and inserting “inserting a semicolon;”; and
(B)
in subsection (i), by inserting after “it appears” the following: “
(except in those places in which ‘
Administrator of FEMA
’ already appears)
”.
(c)
[16 U.S.C. 670f note]

National Defense Authorization Act for Fiscal Year 2012.—
Effective as of December 31, 2011, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) is amended as follows:
(1)
[16 U.S.C. 670f]
Section 312(b)(6)(F) (125 Stat. 1354) is amended by striking “subsection (D)” and inserting “subsection (d)”.
(2)
Section 585(a)(1) (125 Stat. 1434; 10 U.S.C. 1561 note) is amended by striking “experts sexual” and inserting “experts in sexual”.
(d)

National Defense Authorization Act for Fiscal Year 2004.—
Section 338(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 5013 note), as most recently amended by section 321 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1694), is amended by striking “subsection 4703” and inserting “section 4703”.
(e)

Amendment to Title 41.—
Section 4712(i) is amended by inserting before “the enactment” the following: “that is 180 days after the date”.
(f)
[10 U.S.C. 101 note]

Coordination With Other Amendments Made by This Act.—
For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any amendment made by other provisions of this Act.
SEC. 1092.

REDUCTION IN COSTS TO REPORT CRITICAL CHANGES TO MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS.
(a)

Extension of a Program Defined.—
Section 2445a of title 10, United States Code, is amended by adding at the end the following new subsection:
“(g)

Extension of a Program.
In this chapter, the term ‘extension of a program’ means, with respect to a major automated information system program or other major information technology investment program, the further deployment or planned deployment to additional users of the system which has already been found operationally effective and suitable by an independent test agency or the Director of Operational Test and Evaluation, beyond the scope planned in the original estimate or information originally submitted on the program.”
.
(b)

Reports on Critical Changes in MAIS Programs.—
Subsection (d) of section 2445c of such title is amended—
(1)
in paragraph (1), by striking “paragraph (2)” and inserting “paragraph (3)”;
(2)
by redesignating paragraph (2) as paragraph (3); and
(3)
by inserting after paragraph (1) the following new paragraph (2):
“(2)

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).”
.
(c)

Conforming Cross-reference Amendment.—
Subsection (g)(1) of such section is amended by striking “subsection (d)(2)” and inserting “subsection (d)(3)”.
(d)

Total Acquisition Cost Information.—
Title 10, United States Code, is further amended—
(1)
in section 2445b(b)(3), by striking “development costs” and inserting “total acquisition costs”; and
(2)
in section 2445c—
(A)
in subparagraph (B) of subsection (c)(2), by striking “program development cost” and inserting “total acquisition cost”; and
(B)
in subparagraph (C) of subsection (d)(3) (as redesignated by subsection (b)(2)), by striking “program development cost” and inserting “total acquisition cost”.
(e)

Clarification of Cross-reference.—
Section 2445c(g)(2) of such title is amended by striking “in compliance with the requirements of subsection (d)(2)” and inserting “under subsection (d)(1)(B)”.
SEC. 1093.

EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPORTATION TO ISSUE NON-PREMIUM AVIATION INSURANCE.
Section 44310 of title 49, United States Code, is amended—
(1)
by inserting “(a) In General.—” before “The authority”;
(2)
by striking “this chapter” and inserting “any provision of this chapter other than section 44305”; and
(3)
by adding at the end the following new subsection:
“(b)

Insurance of United States Government Property.
The authority of the Secretary of Transportation to provide insurance and reinsurance for a department, agency, or instrumentality of the United States Government under section 44305 is not effective after December 31, 2018.”
.
SEC. 1094.
[10 U.S.C. 168 note]

EXTENSION OF MINISTRY OF DEFENSE ADVISOR PROGRAM AND AUTHORITY TO WAIVE REIMBURSEMENT OF COSTS OF ACTIVITIES FOR CERTAIN NONGOVERNMENTAL PERSONNEL.
(a)

Extension of Minister of Defense Advisor Program Authority.—
(1)
Subsection (b) of section 1081 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1599; 10 U.S.C. 168 note) is amended—
(A)
in paragraph (1), by striking “September 30, 2014” and inserting “September 30, 2017”; and
(B)
in paragraph (2), by striking “fiscal year 2012, 2013, or 2014” and inserting “a fiscal year ending on or before that date”.
(2)

Update of policy guidance on authority.—
The Under Secretary of Defense for Policy shall issue an update of the policy of the Department of Defense for assignment of civilian employees of the Department as advisors to foreign ministries of defense under the authority in section 1081 of the National Defense Authorization Act for Fiscal Year 2012, as amended by this section.
(3)

Additional annual reports.—
Subsection (c) of such section is amended by striking “2014” and inserting “2017”.
(4)

Technical amendment.—
Subsection (c)(4) of such section is amended by striking “carried out such by such” and inserting “carried out by such”.
(5)

Date for submittal of comptroller general of the united states report.—
Subsection (d) of such section is amended by striking “December 30, 2013” and inserting “December 31, 2014”
(b)

Extension of Authority to Waive Reimbursement of Costs of Activities for Nongovernmental Personnel at Department of Defense Regional Centers for Security Studies.—
Section 941(b)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 184 note) is amended by striking “through 2013” and inserting “through 2014”.
SEC. 1095.

AMENDMENTS TO CERTAIN NATIONAL COMMISSIONS.
(a)

National Commission on the Structure of the Air Force.—
(1)

Revision of members compensation.—
Section 365(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1705) is amended—
(A)
by striking “shall be compensated” and inserting “may be compensated”;
(B)
by striking “equal to” and inserting “not to exceed”; and
(C)
by inserting “of $155,400” after “annual rate”.
(2)

Effective date.—
The amendments made by paragraph (1) shall apply with respect to compensation for a duty performed on or after April 2, 2013.
(b)

Military Compensation and Retirement Modernization Commission.—
(1)

Scope of military compensation system.—
Section 671(c)(5) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1788) is amended by inserting before the period the following “, and includes any other laws, policies, or practices of the Federal Government that result in any direct payment of authorized or appropriated funds to the persons specified in subsection (b)(1)(A)”.
(2)

Commission authorities.—
Section 673 of such Act (126 Stat. 1790) is amended by adding at the end the following new subsections:
“(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)

Commission report and recommendations.—
Section 674(f) of such Act (126 Stat. 1792) is amended—
(A)
in paragraph (1)—
(i)
by striking “15 months” and inserting “24 months”; and
(ii)
by inserting “and recommendations for administrative actions” after “legislative language”; and
(B)
in paragraph (6), by inserting “, and shall publish a copy of that report on an Internet website available to the public,” after “its report to Congress”.
(4)

Presidential consideration of commission recommendations.—
Section 675 of such Act (126 Stat. 1793) is amended by striking subsection (d).
(5)

Commission staff.—
(A)

Detailees receiving military retired pay.—
Subsection (b)(3) of section 677 of such Act (126 Stat. 1794) is amended—
(i)
in the paragraph heading, by striking “eligible for” and inserting “receiving”; and
(ii)
by striking “eligible for or receiving military retired pay” and inserting “who are receiving military retired pay or who, but for being under the eligibility age applicable under section 12731 of title 10, United States Code, would be eligible to receive retired pay”.
(B)

Performance reviews.—
Subsection (c) of such section is amended—
(i)
in the matter preceding paragraph (1), by inserting “other than a member of the uniformed services or officer or employee who is detailed to the Commission,” after “executive branch department,”; and
(ii)
in paragraph (2), by inserting “(other than for administrative accuracy)” before the semicolon.
(6)

Termination of commission.—
Section 679 of such Act (126 Stat. 1795) is amended by striking “26 months” and inserting “35 months”.
(7)

Funding.—
Section 680 of such Act (126 Stat. 1795) is amended—
(A)
by striking “$10,000,000” and inserting “$15,000,000”; and
(B)
by adding at the end the following new sentence: “Amounts made available under this section after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 shall be derived from fiscal year 2013 balances that remain available for obligation on that date.”.
SEC. 1096.
[10 U.S.C. 113 note]

STRATEGY FOR FUTURE MILITARY INFORMATION OPERATIONS CAPABILITIES.
(a)

Strategy Required.—
The Secretary of Defense shall develop and implement a strategy for developing and sustaining through fiscal year 2020 information operations capabilities for future contingencies. The Secretary shall submit such strategy to the congressional defense committees by not later than 180 days after the date of the enactment of this Act.
(b)

Contents of Strategy.—
The strategy required by subsection (a) shall include each of the following:
(1)
A plan for the sustainment of existing capabilities that have been developed during the ten-year period prior to the date of the enactment of this Act, including such capabilities developed using funds authorized to be appropriated for overseas contingency operations determined to be of enduring value for continued sustainment.
(2)
A discussion of how the capabilities referred to in paragraph (1) are integrated into policy, doctrine, and operations.
(3)
An assessment of the force structure that is required to sustain operational planning and potential contingency operations, including the integration across the active and reserve components.
(4)
Estimates of the steady-state resources needed to support the force structure referred to in paragraph (3), as well as estimates for resources that might be needed based on selected operational plans, contingency plans, and named operations.
(5)
An assessment of the impact of how new and emerging technologies can be incorporated into policy, doctrine, and operations.
(6)
A description of ongoing research into new capabilities that may be needed to fill any identified gaps and programs that might be required to develop such capabilities.
(7)
Potential policy implications or legal challenges that may prevent the integration of new and emerging technologies into the projected force structure.
(8)
Potential policy implications or challenges to the better leveraging of capabilities from interagency partners.
SEC. 1097.

SENSE OF CONGRESS ON COLLABORATION ON BORDER SECURITY.
It is the sense of Congress that the Secretary of Defense and the Secretary of Homeland Security should, consistent with existing law and authorities, seek to collaborate on enhanced United States border security, including by identifying excess property of the Department of Defense, if any, that may be suitable for use by the Department of Homeland Security to support border security efforts.
SEC. 1098.

TRANSFER OF AIRCRAFT TO OTHER DEPARTMENTS FOR WILDFIRE SUPPRESSION AND OTHER PURPOSES; TACTICAL AIRLIFT FLEET OF THE AIR FORCE.
[Subsection (a) repealed by section 1810(f)(1) of division A of Public Law 118–31.]
(b)

Transfer of C-23B+ Sherpa Aircraft.—
(1)

In general.—
Notwithstanding any other provision of law, not later than 45 days after the date of the enactment of this Act, and subject to the certification requirement under subsection (f), the Secretary of Defense, in coordination with the Secretary of Agriculture, shall begin transfer, without reimbursement, of—
(A)
not more than 15 demilitarized C-23B+ Sherpa aircraft to the Secretary of Agriculture, subject to the quantity of C-23B+ Sherpa aircraft that the Director of Aviation and Fire Management of the Forest Service determines are required to meet fire-fighting requirements; and
(B)
initial spares and necessary ground support equipment for operation of C-23B+Sherpa aircraft to the Secretary of Agriculture for use by the Director of Aviation and Fire Management of the Forest Service.
(2)

Calculation of initial spares.—
For purposes of paragraph (1), initial spares shall be calculated based on shelf stock support for the quantity of aircraft the Director of Aviation and Fire Management of the Forest Service determines necessary to meet fire-fighting requirements and each aircraft flying 300 hours each year.
[Subsections (c) and (d) repealed by section 1810(f)(1) of division A of Public Law 118–31.]
(e)

Transfer of C-27J Aircraft.—
Promptly following the completion of the certification requirement under subsection (f) and notwithstanding section 1091 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1971; 10 U.S.C. 2576 note), the Secretary of Defense shall begin transfer, without reimbursement, of—
(1)
14 C-27J aircraft to the Secretary of Homeland Security; and
(2)
excess initial spares and necessary ground support equipment for 14 C-27J aircraft to the Secretary of Homeland Security for use by the Commandant of the Coast Guard as maritime patrol aircraft.
[Subsection (f) repealed by section 1810(f)(1) of division A of Public Law 118–31.]
(g)

Transfer of Certain C-23 Aircraft.—
(1)

In general.—
(A)

Offer of transfer.—
Not later than 30 days after the date of the enactment of this Act, the Secretary of the Defense shall extend to the chief executive officer of the State of Alaska the opportunity to take title to not more than eight C-23 aircraft with tail numbers specified in subparagraph (B).
(B)

Tail numbers.—
The tail numbers of the C-23 aircraft subject to transfer under subparagraph (A) are as follows: 93-01319, 93-01329, 94-00308, 94-00309, 88-01869, 90-07015, 90-07016, and 90-07012.
(2)

Requirements.—
Subsections (b) and (c) of section 112 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1318) shall apply with respect to the transfer of any C-23 aircraft under this subsection in the same manner as the transfer of aircraft under such section.
(h)

Tactical Airlift Fleet of the Air Force.—
(1)

Consideration of upgrades of certain aircraft in recapitalization of fleet.—
The Secretary of the Air Force shall consider, as part of the recapitalization of the tactical airlift fleet of the Air Force, upgrades to C-130H aircraft designed to help such aircraft meet the fuel efficiency goals of the Department of the Air Force and retention of such aircraft, as so upgraded, in the tactical airlift fleet.
(2)

Manner of upgrades.—
The Secretary shall ensure that upgrades to the C-130H aircraft fleet are made in a manner that is proportional to the number of C-130H aircraft in the force structure of the regular Air Force, the Air Force Reserve, and the Air National Guard.
TITLE XI—

CIVILIAN PERSONNEL MATTERS
Sec. 1101.
One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.
Sec. 1102.
One-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.
Sec. 1103.
Extension of voluntary reduction-in-force authority for civilian employees of the Department of Defense.
Sec. 1104.
Extension of authority to make lump-sum severance payments to Department of Defense employees.
Sec. 1105.
Revision to amount of financial assistance under Department of Defense Science, Mathematics, and Research for Transformation (SMART) Defense Education Program and assessment of STEM and other programs.
Sec. 1106.
Extension of program for exchange of information-technology personnel.
Sec. 1107.
Temporary authorities for certain positions at Department of Defense research and engineering facilities.
Sec. 1108.
Compliance with law regarding availability of funding for civilian personnel.
Sec. 1109.
Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the Armed Forces.
SEC. 1101.

ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Effective January 1, 2014, section 1101(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as most recently amended by section 1101 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1973), is further amended by striking “through 2013” and inserting “through 2014”.
SEC. 1102.

ONE-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4616) and most recently amended by section 1104 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 125 Stat. 1973), is further amended by striking “2014” and inserting “2015”.
SEC. 1103.

EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE AUTHORITY FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Section 3502(f)(5) of title 5, United States Code, is amended by striking “September 30, 2014” and inserting “September 30, 2018”.
SEC. 1104.

EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE PAYMENTS TO DEPARTMENT OF DEFENSE EMPLOYEES.
Section 5595(i)(4) of title 5, United States Code, is amended by striking “October 1, 2014” and inserting “October 1, 2018”.
SEC. 1105.

REVISION TO AMOUNT OF FINANCIAL ASSISTANCE UNDER DEPARTMENT OF DEFENSE SCIENCE, MATHEMATICS, AND RESEARCH FOR TRANSFORMATION (SMART) DEFENSE EDUCATION PROGRAM AND ASSESSMENT OF STEM AND OTHER PROGRAMS.
(a)

Revision to Financial Assistance for SMART Program.—
(1)

Revision.—
Paragraph (2) of section 2192a(b) of title 10, United States Code, is amended by striking “the amount determined” and all that follows through “room and board” and inserting “an amount determined by the Secretary of Defense”.
(2)

Briefing required.—
The Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives, within 60 days after the date of the enactment of this Act, a briefing that assesses the impacts of the rising costs of higher education tuition on the number of students that the Department of Defense can accept into the Science, Mathematics, and Research for Transformation (SMART) Defense Education Program under section 2192a of title 10, United States Code.
(b)

Assessment of Elementary and Secondary Science, Technology, Engineering, and Mathematics Programs of the Department of Defense.—
(1)

Assessment required.—
(A)
The Secretary of Defense shall submit to the congressional defense committees a report setting forth an assessment of each program as follows:
(i)
The Army Educational Outreach Program (AEOP).
(ii)
The STEM2Stern program of the Navy.
(iii)
The DoD STARBASE program carried out by the Under Secretary of Defense for Personnel and Readiness.
(iv)
Prekindergarten through 12th grade activities of the National Defense Education Program.
(B)
The Secretary of Defense shall conduct assessments under this paragraph in consultation with the Secretary of Education and the heads of other appropriate Federal agencies.
(2)

Elements.—
The assessment of a program under paragraph (1) shall include the following:
(A)
An assessment of the current status of the program.
(B)
A determination to retain, terminate, or transfer the program to another agency, together with a justification for the determination.
(C)
For a program determined under subparagraph (B) to be terminated, a justification why the science, technology, engineering, and mathematics education requirements of the program are no longer required.
(D)
For a program determined under subparagraph (B) to be transferred to the jurisdiction of another agency—
(i)
the name of such agency;
(ii)
the funding anticipated to be provided the program by such agency during the five-year period beginning on the date of transfer; and
(iii)
mechanisms to ensure that education under the program will continue to meet the science, technology, engineering, and mathematics education requirements of the Department of Defense, including requirements for the dependents covered by the program.
(E)
Metrics to assess whether a program under subparagraph (C) or (D) is meeting the requirements applicable to such program under such subparagraph.
(3)

Limitation on certain actions on programs pending submittal of assessment.—
A program specified in paragraph (1)(A) may not be terminated or transferred to the jurisdiction of another agency until 30 days after the date on which the report required by that paragraph is submitted to the congressional defense committees.
(c)

Assessment of the National Security Science and Engineering Faculty Fellowship.—
The Secretary of Defense shall provide to the congressional defense committees, within 90 days after the date of the enactment of this Act, a briefing that assesses the National Security Science and Engineering Faculty Fellowship (in this subsection referred to as the “Fellowship”). The briefing shall include an assessment of the following:
(1)
The return on investment and qualitative impact of the research funded by Fellowship awardees.
(2)
Distribution of researcher awards from the past three years, including identification of researchers (if any) that have not done research with the Department of Defense in the past five years.
(3)
The number of new and continuing students supported by Fellowship funding, as well as the number of those students that later receive employment by the Department of Defense, Department of Defense contractors, or other academic institutions supported by Department of Defense grants.
(4)
A description of Fellowship awards and the use of the award funds.
(5)
Recommendations for improving the effectiveness or efficiency of the Fellowship.
SEC. 1106.

EXTENSION OF PROGRAM FOR EXCHANGE OF INFORMATION-TECHNOLOGY PERSONNEL.
(a)

In General.—
Section 1110(d) of the National Defense Authorization Act for Fiscal Year 2010 (5 U.S.C. 3702 note) is amended by striking “2013.” and inserting “2018.”.
(b)

Reporting Requirement.—
Section 1110(i) of such Act is amended by striking “2015,” and inserting “2019,”.
[Section 1107 repealed by section 1122(b) of division A of Public Law 114–328.]
SEC. 1108.

COMPLIANCE WITH LAW REGARDING AVAILABILITY OF FUNDING FOR CIVILIAN PERSONNEL.
(a)

Regulations.—
No later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the authority in subsection (a) of section 1111 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 1580 note prec.).
(b)

Coordination.—
The Under Secretary of Defense (Comptroller), in consultation with the Under Secretary of Defense for Personnel and Readiness, shall be responsible for coordinating the preparation of the regulations required under subsection (a).
(c)

Limitations.—
The regulations required under subsection (a) shall not be restricted by any civilian full-time equivalent or end-strength limitation, nor shall such regulations require offsetting civilian pay funding, civilian full-time equivalents, or civilian end-strengths.
SEC. 1109.

EXTENSION OF ENHANCED APPOINTMENT AND COMPENSATION AUTHORITY FOR CIVILIAN PERSONNEL FOR CARE AND TREATMENT OF WOUNDED AND INJURED MEMBERS OF THE ARMED FORCES.
(a)

Extension.—
Subsection (c) of section 1599c of title 10, United States Code, is amended by striking “December 31, 2015” both places it appears and inserting “December 31, 2020”.
(b)

Repeal of Fulfilled Requirement.—
Such section is further amended—
(1)
by striking subsection (b); and
(2)
by redesignating subsection (c), as amended by subsection (a), as subsection (b).
(c)

Repeal of References to Certain Title 5 Authorities.—
Subsection (a)(2)(A) of such section is amended—
(1)
by striking “sections 3304, 5333, and 5753 of title 5” and inserting “section 3304 of title 5”; and
(2)
in clause (ii), by striking “the authorities in such sections” and inserting “the authority in such section”.
TITLE XII—

MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—
Assistance and Training
Sec. 1201.
Modification and extension of authorities relating to program to build the capacity of foreign military forces.
Sec. 1202.
Global Security Contingency Fund.
Sec. 1203.
Training of general purpose forces of the United States Armed Forces with military and other security forces of friendly foreign countries.
Sec. 1204.
Authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction.
Sec. 1205.
Authorization of National Guard State Partnership Program.
Sec. 1206.
United States security and assistance strategies in Africa.
Sec. 1207.
Assistance to the Government of Jordan for border security operations.
Sec. 1208.
Support of foreign forces participating in operations to disarm the Lord’s Resistance Army.
Subtitle B—
Matters Relating to Afghanistan, Pakistan, and Iraq
Sec. 1211.
Commanders’ Emergency Response Program in Afghanistan.
Sec. 1212.
One-year extension of authority to use funds for reintegration activities in Afghanistan.
Sec. 1213.
Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1214.
Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1215.
One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan.
Sec. 1216.
Requirement to withhold Department of Defense assistance to Afghanistan in amount equivalent to 100 percent of all taxes assessed by Afghanistan to extent such taxes are not reimbursed by Afghanistan.
Sec. 1217.
Extension of certain authorities for support of foreign forces supporting or participating with the United States Armed Forces.
Sec. 1218.
Extension and improvement of the Iraqi special immigrant visa program.
Sec. 1219.
Improvement of the Afghan special immigrant visa program.
Subtitle C—
Matters Relating to Afghanistan Post 2014
Sec. 1221.
Report on plans to disrupt and degrade Haqqani Network activities and finances.
Sec. 1222.
Completion of accelerated transition of security responsibility from United States Armed Forces to the Afghan National Security Forces.
Sec. 1223.
Defense intelligence plan.
Sec. 1224.
Limitation on availability of funds for certain authorities for Afghanistan.
Subtitle D—
Matters Relating to Iran
Sec. 1231.
Report on United States military partnership with Gulf Cooperation Council countries.
Sec. 1232.
Additional elements in annual report on military power of Iran.
Sec. 1233.
Integrated air and missile defense programs at training locations in Southwest Asia.
Subtitle E—
Reports and Other Matters
Sec. 1241.
Two-year extension of authorization for non-conventional assisted recovery capabilities.
Sec. 1242.
Element on 5th generation fighter program in annual report on military and security developments involving the People’s Republic of China.
Sec. 1243.
Report on posture and readiness of the Armed Forces to respond to an attack or other contingency against United States diplomatic facilities overseas.
Sec. 1244.
Limitation on establishment of Regional Special Operations Forces Coordination Centers.
Sec. 1245.
Additional reports on military and security developments involving the Democratic People’s Republic of Korea.
Sec. 1246.
Sense of Congress on missile defense cooperation with the Russian Federation and limitations on providing certain missile defense information to the Russian Federation.
Sec. 1247.
Amendments to annual report under Arms Control and Disarmament Act.
Sec. 1248.
Report on actions to reduce support for ballistic missile proliferation.
Sec. 1249.
Reports on international agreements relating to the Department of Defense.
Sec. 1250.
Revision of statutory references to former NATO support organizations and related NATO agreements.
Sec. 1251.
Executive agreements with the Russian Federation relating to ballistic missile defense.
Sec. 1252.
Rule of construction.
Sec. 1253.
Limitation on availability of funds to implement the Arms Trade Treaty.
Sec. 1254.
Report on military and security developments involving the Russian Federation.
Sec. 1255.
Prohibition on use of funds to enter into contracts or agreements with Rosoboronexport.
Subtitle A—

Assistance and Training
SEC. 1201.

MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
(a)

Authority.—
Subsection (a) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as most recently amended by section 1206 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4625), is further amended by adding at the end the following new paragraph:
“(3)
To build the capacity of a foreign country’s security forces to conduct counterterrorism operations.”
.
(b)

Availability of Funds.—
Subsection (c)(5) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006, as most recently amended by section 1201 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1979), is further amended—
(1)
by striking “not more than $75,000,000 may be used during fiscal year 2010, not more than $75,000,000 may be used during fiscal year 2011, and”; and
(2)
by striking “each of fiscal years 2012, 2013, and 2014” and inserting “each fiscal year through fiscal year 2017”.
(c)

Limitation on Fiscal Year 2015 Funds.—
Of the funds authorized to be appropriated to carry out section 1206 of the National Defense Authorization Act for Fiscal Year 2006 or otherwise made available for fiscal year 2015, not more than $262,500,000 may be obligated or expended until the Secretary of Defense, with the concurrence of the Secretary of State, submits to the congressional defense committees a report on the proposed planning and execution of programs intended to be conducted or supported under subsection (a)(3) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006, as added by subsection (a), during fiscal year 2015, including a description of the proposed planning and execution of the amount of funds to be made available for such programs.
(d)

Report.—
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the congressional defense committees a report on the scope of counterterrorism operations for which assistance is authorized to be provided under section 1206 of the National Defense Authorization Act for Fiscal Year 2006. The report shall include the following:
(1)
A statement of the purposes for which assistance may be provided under the authority of section 1206 of the National Defense Authorization Act for Fiscal Year 2006, consistent with the Presidential Policy Directive on United States Security Sector Assistance issued on April 5, 2013.
(2)
A description of the types of activities that are appropriately within the scope of capacity building assistance under such authority.
(3)
A description and assessment of the monitoring and evaluation procedures for such assistance, including measures of effectiveness applicable to counterterrorism capacity building activities under such authority.
(4)
A prioritized list and discussion of the primary security threats as of the date of the report against which counterterrorism capacity building under such authority is or may be directed, in light of the end of combat operations in Iraq and the expected completion of combat operations by coalition forces in Afghanistan by December 2014.
(e)

Termination of Program.—
Subsection (g) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006, as most recently amended by section 1201 of the National Defense Authorization Act for Fiscal Year 2013, is further amended by striking “2014” each place it appears and inserting “2017”.
SEC. 1202.

GLOBAL SECURITY CONTINGENCY FUND.
(a)

Authority.—
Subsection (b) of section 1207 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1625; 22 U.S.C. 2151 note) is amended—
(1)
in the matter preceding paragraph (1), by inserting “or regions” after “countries”; and
(2)
in paragraph (1)—
(A)
in the matter preceding subparagraph (A), by striking “and other national security forces” and inserting “or other national security forces”; and
(B)
in subparagraph (A)—
(i)
by striking “and counterterrorism operations” and inserting “or counterterrorism operations”; and
(ii)
by striking “and” at the end and inserting “or”.
(b)

Notices to Congress.—
Subsection (l) of such section is amended to read as follows:
“(l)

Notices to Congress.
Not less than 30 days before initiating an activity under a program of assistance under subsection (b), the Secretary of State and the Secretary of Defense shall jointly submit to the specified congressional committees a notification that includes the following:
“(1)
A 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.”
.
(c)

Transitional Authorities; Guidance and Processes for Exercise of Authority.—
Such section, as so amended, is further amended—
(1)
by striking subsection (n);
(2)
by redesignating subsection (m) as subsection (n); and
(3)
by inserting after subsection (l), as so amended, the following new subsection (m):
“(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.”
.
(d)

Annual Reports.—
Subsection (n) of such section, as redesignated by subsection (c)(2) of this section, is amended—
(1)
by striking “October 30, 2012, and annually thereafter” and inserting “October 30 each year”; and
(2)
by striking “subsection (q)” and inserting “subsection (p)”.
(e)

Funding.—
Such section, as so amended, is further amended—
(1)
by striking subsection (o); and
(2)
by redesignating subsections (p) and (q) as subsections (o) and (p), respectively.
[Sections 1203 and 1204 were repealed by sections 1244(c) and 1241(d)(5)(B)(i) of division A of Public Law 114–328.]
[Section 1205 repealed by section 1246(e) of division A of Public Law 114–328.]
SEC. 1206.
[22 U.S.C. 2151 note]

UNITED STATES SECURITY AND ASSISTANCE STRATEGIES IN AFRICA.
(a)

Strategic Framework for Counterterrorism Assistance and Cooperation in the Sahel and the Maghreb Regions.—
(1)

In general.—
The Secretary of Defense shall, in coordination with the Secretary of State, develop a strategic framework for United States counterterrorism assistance and cooperation in the Sahel and Maghreb regions of Africa, including for programs conducted under the Trans-Sahara Counter Terrorism Partnership, Operation Enduring Freedom-Trans Sahara, and related security assistance authorities.
(2)

Elements.—
The strategic framework required by paragraph (1) shall include the following:
(A)
An evaluation of the threat of terrorist organizations operating in the Sahel and Maghreb regions to the national security of the United States.
(B)
An identification on a regional basis of the primary objectives, priorities, and desired end-states of United States counterterrorism assistance and cooperation programs in the region, and of the resources required to achieve such objectives, priorities, and end-states.
(C)
A methodology for assessing the effectiveness of United States counterterrorism assistance and cooperation programs in the region in making progress towards the objectives and desired end-states identified pursuant to subparagraph (B), including an identification of key benchmarks of such progress.
(D)
Criteria for bilateral and multilateral partnerships in the region.
(E)
Plans for enhancing coordination among United States and international agencies for planning and implementation of United States counterterrorism assistance and cooperation programs for the region on a regional basis, rather than a country-by-country basis, in order to improve coordination among United States regional and bilateral counterterrorism assistance and cooperation programs in the region.
(3)

Report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report that includes the following:
(A)
A comprehensive description of the strategic framework required by paragraph (1).
(B)
A description of lessons learned regarding the organization and implementation of United States counterterrorism assistance and cooperation programs for the Sahel and Maghreb regions of Africa, including an evaluation of the performance and commitment of regional partners in the Sahel and Maghreb regions, including Mali in particular, in 2012 and 2013.
(b)

Strategy to Support Consolidation of Security and Governance Gains in Somalia.—
(1)

Requirement for strategy.—
Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a strategy to guide future United States policy and programs in Somalia to counter armed threats and support regional security, and in support of Somali and international efforts to foster economic growth and opportunity, counter armed threats to stability, and develop credible, transparent, and representative government systems and institutions.
(2)

Content of strategy.—
The strategy required under paragraph (1) should include the following elements:
(A)
An interagency framework to plan, coordinate and review diplomatic, military, intelligence, development, and humanitarian elements of the United States policy regarding Somalia.
(B)
Plans and benchmarks for strengthening efforts, as appropriate, of the Government of Somalia, the African Union, and regional governments to stabilize the security situation within Somalia and further degrade al-Shabaab’s capabilities, in order to enable the eventual transfer of security operations to Somali security forces capable of—
(i)
maintaining and expanding security and stability within Somalia;
(ii)
confronting transnational security threats; and
(iii)
preventing human rights abuses.
(C)
A plan to support the development and professionalization of credible, civilian led, Somali security forces that are representative of the population, including the infrastructure and procedures required to ensure chain of custody and the safe storage of military equipment and an assessment of the benefits and risks of the provision of weaponry to the Somali security forces by the United States.
(D)
A description of United States national security objectives addressed through military-to-military cooperation activities with Somali security forces.
(E)
A description of security risks to any United States personnel conducting security cooperation activities within Somalia and plans to assist the Somali security forces in preventing infiltration and insider attacks, including through the application of lessons learned in United States military training efforts in Afghanistan.
(F)
A description of United States tools for monitoring and responding to violations of the United Nations Security Council arms embargo, charcoal ban, and other international agreements affecting the stability of Somalia.
(G)
A description of mechanisms for coordinating United States military and non-military assistance with other international donors, regional governments, and relevant multilateral organizations.
(H)
A plan to support the consolidation of political gains at the national level, while also encouraging and supporting complementary processes at the local and regional levels and encouraging improved collaboration among Somali national and regional administrations.
(I)
Any plans to increase United States diplomatic engagement with Somalia, including through the future establishment of an embassy or other diplomatic posts in Mogadishu.
(J)
Any other element the President determines appropriate.
(3)

Reports.—
Not later than 180 days after the date of the submission of the strategy required under paragraph (1), and annually thereafter for three years, the President shall submit to the appropriate committees of Congress an update on implementation of the strategy and progress made in Somalia and associated benchmarks for security, stability, development, and governance.
(4)

Form.—
The strategy required under paragraph (1) and the reports required under paragraph (3) shall be submitted in unclassified form, but may include a classified annex.
(c)

Intelligence Assessment and Report on Al-Shabaab.—
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a classified intelligence assessment of the terrorist organization known as al-Shabaab. Such assessment shall include the following:
(1)
A description of organizational structure, operational objectives, and funding sources for al-Shabaab.
(2)
An assessment of the extent to which al-Shabaab threatens security and stability within Somalia and surrounding countries.
(3)
An assessment of the extent to which al-Shabaab threatens the security of United States citizens or the national security or interests of the United States.
(4)
The description of the relationship between al-Shabaab and al-Qaeda and al-Qaeda affiliates.
(5)
An assessment of the capacity of the Government of Somalia to counter the threat posed by al-Shabaab.
(6)
An assessment of the capacity of regional countries and organizations, including the African Union, to counter the threat posed by al-Shabaab.
(d)

Designation of Government Official for Africa Export Policy.—
Not later than 60 days after the date of the enactment of this Act, and for the following three years, the President shall designate an existing senior United States Government official with existing interagency authority for export policy for Africa to coordinate among various United States Government agencies existing export strategies with the goal of significantly increasing United States exports to Africa in real dollar value.
(e)

Appropriate Committees of Congress Defined.—
In this section, the term “appropriate committees of Congress” means—
(1)
the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(2)
the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
[Section 1207 was repealed by section 1241(d)(5)(B)(ii) of division A of Public Law 114–328.]
SEC. 1208.
[22 U.S.C. 2151 note]

SUPPORT OF FOREIGN FORCES PARTICIPATING IN OPERATIONS TO DISARM THE LORD’S RESISTANCE ARMY.
(a)

Authority.—
Pursuant to the policy established by the Lord’s Resistance Army Disarmament and Northern Uganda Recovery Act of 2009 (Public Law 111-172; 124 Stat. 1209), the Secretary of Defense may, with the concurrence of Secretary of State, provide logistic support, supplies, and services, and intelligence support, to foreign forces participating in operations to mitigate and eliminate the threat posed by the Lord’s Resistance Army as follows:
(1)
The national military forces of Uganda.
(2)
The national military forces of any other country determined by the Secretary of Defense to be participating in such operations.
(b)

Funding.—
(1)

In general.—
Of the amount authorized to be appropriated for a fiscal year for the Department of Defense for operation and maintenance, not more than $50,000,000 may be used in such fiscal year to provide support under subsection (a).
(2)

Availability of funds across fiscal years.—
Amounts available under this subsection for a fiscal year for support under the authority in subsection (a) may be used for support under that authority that begins in such fiscal year but ends in the next fiscal year.
(c)

Limitations.—
(1)

In general.—
The Secretary of Defense may not use the authority in subsection (a) to provide any type of support that is otherwise prohibited by any provision of law.
(2)

Availability of funds for fiscal year 2014.—
Of the amount available under subsection (b) for fiscal year 2014, not more than $37,500,000 may be obligated or expended to provide support under subsection (a) until the Secretary submits to the appropriate committees of Congress a report on Operation Observant Compass, including the specific goals of the campaign to counter the Lord’s Resistance Army, the precise metrics used to measure progress in the campaign, and the actions that will be taken to transition the campaign if it is determined that it is no longer necessary for the United States to support the mission of the campaign.
(d)

Notice to Congress on Support To Be Provided.—
Not less than 15 days before the date on which funds are obligated to provide support under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notice setting forth the following:
(1)
The type of support to be provided.
(2)
The national military forces to be supported.
(3)
The objectives of such support.
(4)
The estimated cost of such support.
(5)
The intended duration of such support.
(e)

Definitions.—
In this section:
(1)
The term “appropriate committees of Congress” means—
(A)
the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B)
the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(2)
The term “logistic support, supplies, and services” has the meaning given that term in section 2350(1) of title 10, United States Code.
(f)

Expiration.—
The authority provided under this section may not be exercised after September 30, 2017.
(g)

Repeal of Superseded Authority.—
Section 1206 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1624; 22 U.S.C. 2151 note) is repealed.
Subtitle B—

Matters Relating to Afghanistan, Pakistan, and Iraq
SEC. 1211.

COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN AFGHANISTAN.
(a)

One Year Extension.—
(1)

In general.—
Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1619), as amended by section 1221 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1992), is further amended by striking “fiscal year 2013” each place it appears and inserting “fiscal year 2014”.
(2)

Conforming amendment.—
The heading of subsection (a) of such section is amended by striking “for Fiscal Year 2013”.
(b)

Funds Available During Fiscal Year 2014.—
Subsection (a) of such section, as so amended, is further amended by striking “$200,000,000” and inserting “$60,000,000”.
(c)

Repeal of Requirement for Quarterly Briefings.—
Subsection (b) of such section is amended—
(1)
in the subsection heading, by striking “and Briefings”; and
(2)
by striking paragraph (3).
(d)

Review Required.—
Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Department of Defense Office of the Inspector General, the Special Inspector General for Afghanistan Reconstruction, the Special Inspector General for Iraq Reconstruction, and the Government Accountability Office, shall submit to Congress a comprehensive report on lessons learned and best practices from execution of the Commanders’ Emergency Response Program (CERP) from Iraq and Afghanistan.
(e)

Contents of Report.—
The report required by subsection (d) shall include the following:
(1)
A description of any modifications to CERP since the commencement of the program.
(2)
A description of CERP best practices and lessons learned related to the following:
(A)
Requirements, training, and certifications for CERP managers in the field and headquarters.
(B)
Project planning, execution, management, closeout, sustainability, and transfer to host government.
(C)
Project approval process, including appropriate approval levels for higher-value projects.
(D)
Project monitoring and evaluation.
(E)
Control and accountability of funds.
(F)
Procurement procedures, including local procurement.
(G)
Processes to maintain flexibility and rapid implementation of funds, but retain accountability of CERP projects.
(H)
Reporting requirements to the Department of Defense and Congress.
(I)
Recommendations for the use of CERP in future contingency operations.
(J)
Recommendations for developing a CERP handbook for use by future CERP administrators.
(3)
A description and assessment of the application of CERP practices in the success of reconstruction efforts and of commanders’ pursuit of their missions.
SEC. 1212.

ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN AFGHANISTAN.
Section 1216 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4392), as most recently amended by section 1218 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1990), is further amended—
(1)
in subsection (a)—
(A)
by striking “$35,000,000” and inserting “$25,000,000”; and
(B)
by striking “for fiscal year 2013” and inserting “for fiscal year 2014”; and
(2)
in subsection (e), by striking “December 31, 2013” and inserting “December 31, 2014”.
SEC. 1213.

EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS.
(a)

Extension of Authority.—
Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393), as most recently amended by section 1227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2000), is further amended by striking “fiscal year 2013” and inserting “fiscal year 2014”.
(b)

Limitation on Amount Available.—
Subsection (d)(1) of such section 1233, as so amended, is further amended by striking “during fiscal year 2013 may not exceed $1,650,000,000” and inserting “during fiscal year 2014 may not exceed $1,500,000,000”.
(c)

Extension of Notice Requirement Relating to Reimbursement of Pakistan for Support Provided by Pakistan.—
Section 1232(b)(6) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended by section 1213(d) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1630), is further amended by striking “September 30, 2013” and inserting “September 30, 2014”.
(d)

Extension of Limitation on Reimbursement of Pakistan Pending Certification on Pakistan.—
Subsection (d) of section 1227 of the National Defense Authorization Act for Fiscal Year 2013 (126 Stat. 2000) is amended—
(1)
in the subsection heading, by striking “in Fiscal Year 2013”; and
(2)
in paragraph (1), by striking “Effective as of the date of the enactment of this Act,” and all that follows through “remain available for obligation” and inserting “No amounts authorized to be appropriated for the Department of Defense for fiscal year 2014 or any prior fiscal year”.
SEC. 1214.
[10 U.S.C. 113 note]

EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.
(a)

Extension and Modification of Authority.—
Subsection (f) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended—
(1)
by striking “(f)” and all that follows through “fiscal year 2013,” and inserting the following:
“(f)

Additional Authority for Activities of OSCI.
“(1)

In general.
During fiscal year 2014,”
; and
(2)
by adding at the end the following new paragraph (2):
“(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.”
.
(b)

Limitation on Amount.—
Subsection (c) of such section is amended by striking “2012” and all that follows through the period at the end and inserting “2014 may not exceed $209,000,000.”.
(c)

Source of Funds.—
Subsection (d) of such section is amended—
(1)
by striking “fiscal year 2012 or fiscal year 2013” and inserting “fiscal year 2014”; and
(2)
by striking “fiscal year 2012 or 2013, as the case may be,” and inserting “that fiscal year”.
(d)

Updates of Report on Activities of OSCI.—
Section 1211(d)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1983) is amended—
(1)
by striking “Update required.—Not later than September 30, 2013,” and inserting “Updates required.—Not later than September 30, 2013, and every 180 days thereafter until the authority in section 1215 of the National Defense Authorization Act for Fiscal Year 2012 expires,”; and
(2)
by striking “including” and all that follows and inserting
“including the following:
“(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.”
.
SEC. 1215.
[22 U.S.C. 7513 note]

ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY FOR PROGRAM TO DEVELOP AND CARRY OUT INFRASTRUCTURE PROJECTS IN AFGHANISTAN.
(a)

Extension of Authority.—
Section 1217(f) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4393), as most recently amended by section 1219 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1991), is further amended—
(1)
in paragraph (1), by adding at the end the following new subparagraph:
“(C)
Up to $250,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2014.”
;
(2)
in paragraph (2)—
(A)
in the matter preceding subparagraph (A), by inserting “, or phase of a project,” after “each project”;
(B)
by redesignating subparagraph (C) as subparagraph (D); and
(C)
by inserting after subparagraph (B) the following new subparagraph (C):
“(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
(3)
in paragraph (3), by adding at the end the following new subparagraph:
“(D)
In the case of funds for fiscal year 2014, until September 30, 2015.”
.
(b)

Effective Date.—
The amendments made by this section shall take effect on October 1, 2013.
(c)

Report on Transition of Project Management.—
(1)

Report.—
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, submit to the congressional defense committees a plan for the transition to the Government of Afghanistan, or a utility entity owned by the Government of Afghanistan, of the project management of projects funded with amounts authorized by this Act for the Afghanistan Infrastructure Fund. Such transition shall be planned to be completed by not later December 31, 2014.
(2)

Elements.—
The report required under paragraph (1) shall include the following:
(A)
A description of the projects to be transitioned as described in that paragraph, the cost of such projects, and the timelines for completion and other key implementation milestones for such projects.
(B)
For each such project, the following:
(i)
An estimate of the financial and other requirements necessary to manage such project, and sustain the infrastructure developed through such project, on an annual basis after the completion of such project.
(ii)
An assessment of the capacity of the Government of Afghanistan or such utility entity to manage such project, and maintain and use the infrastructure developed through such project, after the completion of such project.
(iii)
A description of any arrangements, and an estimate of associated costs, to support the Government of Afghanistan or such utility entity if the Government of Afghanistan or such utility entity, as the case may be, lacks the capacity (in either financial or human resources) to manage such project, or sustain the infrastructure developed through such project, after the completion of such project.
(C)
An assessment of the ministries or organizations of Afghanistan that will be responsible for the management of such projects after transition, including an assessment of any critical institutional shortfalls of such ministries and organizations that must be addressed for such ministries and organization to acquire the capacity required to assume project management responsibilities for such projects.
SEC. 1216.

REQUIREMENT TO WITHHOLD DEPARTMENT OF DEFENSE ASSISTANCE TO AFGHANISTAN IN AMOUNT EQUIVALENT TO 100 PERCENT OF ALL TAXES ASSESSED BY AFGHANISTAN TO EXTENT SUCH TAXES ARE NOT REIMBURSED BY AFGHANISTAN.
(a)

Requirement To Withhold Assistance to Afghanistan.—
An amount equivalent to 100 percent of the total taxes assessed during fiscal year 2013 by the Government of Afghanistan on all Department of Defense assistance shall be withheld by the Secretary of Defense from obligation from funds appropriated for such assistance for fiscal year 2014 to the extent that the Secretary of Defense certifies and reports in writing to the Committees on Armed Services of the Senate and the House of Representatives that such taxes have not been reimbursed by the Government of Afghanistan to the Department of Defense or the grantee, contractor, or subcontractor concerned.
(b)

Waiver Authority.—
The Secretary of Defense may waive the requirement in subsection (a) if the Secretary determines that such a waiver is necessary to achieve United States goals in Afghanistan.
(c)

Report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the total taxes assessed during fiscal year 2013 by the Government of Afghanistan on all Department of Defense assistance.
(d)

Department of Defense Assistance Defined.—
In this section, the term “Department of Defense assistance” means funds provided during fiscal year 2013 to Afghanistan by the Department of Defense, either directly or through grantees, contractors, or subcontractors.
(e)

Termination.—
This section shall terminate at the close of the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a notification that the United States and Afghanistan have signed a bilateral security agreement and such agreement has entered into force.
SEC. 1217.

EXTENSION OF CERTAIN AUTHORITIES FOR SUPPORT OF FOREIGN FORCES SUPPORTING OR PARTICIPATING WITH THE UNITED STATES ARMED FORCES.
(a)

Logistical Support for Coalition Forces Supporting United States Military Operations in Afghanistan.—
Section 1234 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394), as most recently amended by section 1216(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1989), is further amended—
(1)
in subsection (a), by striking “fiscal year 2013” and inserting “fiscal year 2014”;
(2)
in subsection (d), by striking “in fiscal year 2013” and inserting “during the period beginning on October 1, 2013, and ending on December 31, 2014,”; and
(3)
in subsection (e)(1), by striking “of fiscal year 2013” and inserting “through December 31, 2014”.
(b)

Use of Acquisition and Cross-Servicing Agreements To Lend Certain Military Equipment to Certain Foreign Forces for Personnel Protection and Survivability.—
Section 1202(e) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2413), as most recently amended by section 1202(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1621), is further amended by striking “September 30, 2014” and inserting “December 31, 2014”.
SEC. 1218.

EXTENSION AND IMPROVEMENT OF THE IRAQI SPECIAL IMMIGRANT VISA PROGRAM.
The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended—
(1)
in section 1242, by striking subsection (c) and inserting the following:
“(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.”
;
(2)
in section 1244—
(A)
in subsection (b)—
(i)
in paragraph (4)—
(I)
by striking “A recommendation” and inserting the following:
“(A)

In general.
Except as provided under subparagraph (B), a recommendation”
; and
(II)
by adding at the end the following:
“(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
(ii)
by adding at the end the following:
“(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
(B)
in subsection (c)(3), by striking subparagraph (C) and inserting the following:
“(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
(3)
in section 1248, by adding at the end the following:
“(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.”
.
SEC. 1219.

IMPROVEMENT OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM.
Section 602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
(1)
in paragraph (2)—
(A)
in subparagraph (D)—
(i)
by striking “A recommendation” and inserting the following:
“(i)

In general.
Except as provided under clause (ii), a recommendation”
; and
(ii)
by adding at the end the following:
“(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
(B)
by adding at the end the following:
“(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.”
;
(2)
in paragraph (4)—
(A)
in the heading, by striking “Prohibition on fees.—” and inserting “Application process.—”; and
(B)
by striking “The Secretary” and inserting the following:
“(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
(3)
by adding at the end the following:
“(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).”
.
Subtitle C—

Matters Relating to Afghanistan Post 2014
SEC. 1221.

REPORT ON PLANS TO DISRUPT AND DEGRADE HAQQANI NETWORK ACTIVITIES AND FINANCES.
(a)

Sense of Congress.—
It is the sense of Congress that—
(1)
disrupting and degrading the Haqqani Network should be a high priority; and
(2)
the Administration should use the full extent of its authority to deny the organization the finances required to carry out its activities.
(b)

Report on Activities and Plan to Disrupt and Degrade Haqqani Network Activities and Finances.—
(1)

Report required.—
Not later than nine months after the date of the enactment of this Act, the President shall report to the appropriate committees of Congress on activities and the plan to disrupt and degrade Haqqani Network activities and finances.
(2)

Coordination.—
The report required by paragraph (1) shall be prepared by the Secretary of Defense, in coordination with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the Director of National Intelligence, and any other department or agency of the United States Government that has lead responsibility for activities directed at disrupting and degrading the Haqqani Network.
(3)

Elements.—
The report required by paragraph (1) shall include the following:
(A)
A description of the current activities of the Department of Defense, the Department of State, the Department of the Treasury, the Department of Justice, and the elements of the intelligence community to disrupt and degrade Haqqani Network activities, finances, and resources.
(B)
An assessment of the intelligence community—
(i)
of the operations of the Haqqani Network in Afghanistan and Pakistan, and its activities outside the region; and
(ii)
of the relationships, networks, and vulnerabilities of the Haqqani Network, including with Pakistan’s military, intelligence services, and government officials, including provincial and district officials.
(C)
A review of the plans and intentions of the Haqqani Network with respect to the continued drawdown of United States and coalition troops.
(D)
A review of the current United States policies, activities, and funding, and a description of a plan, for applying sustained and systemic pressure against the Haqqani Network’s financial infrastructure, including—
(i)
identification of the agencies that would participate in implementing the plan;
(ii)
a description of the legal authorities under which the plan would be conducted;
(iii)
a description of the objectives and desired outcomes of the plan, including specific steps to achieve these objectives and outcomes;
(iv)
metrics to measure the success of the plan; and
(v)
the identity of the agency or office to be designated as the lead agency in implementing the plan.
(E)
An examination of the extent, if any, to which current United States and coalition contracting processes have furthered the financial interests of the Haqqani Network, and how the activities and plans specified in paragraph (1) would mitigate the unintended consequences of such processes.
(F)
An assessment of formal and informal business sectors penetrated by the Haqqani Network in Afghanistan, Pakistan, and other countries, particularly in the Persian Gulf region, and a description of steps to counter these activities.
(G)
An estimate of costs associated with the implementation of the plan to disrupt and degrade the Haqqani Network’s financial activities.
(H)
A description of how activities and plans specified in paragraph (1) fit in the broader United States efforts to stabilize Afghanistan and prevent the region from being a safe haven for al Qaeda and its affiliates.
(4)

Update of report on activities and plan.—
Not later than 180 days after the submission of the report required by paragraph (1), the President shall submit an update of the report to the appropriate committees of Congress.
(5)

Form.—
The report required by paragraph (1) and the update required by paragraph (4) shall be submitted in unclassified form, but may include a classified annex.
(c)

Definitions.—
In this section:
(1)

Appropriate committees of congress.—
The term “appropriate committees of Congress” means—
(A)
the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(B)
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2)

Intelligence community.—
The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 1222.
[22 U.S.C. 7556 note]

COMPLETION OF ACCELERATED TRANSITION OF SECURITY RESPONSIBILITY FROM UNITED STATES ARMED FORCES TO THE AFGHAN NATIONAL SECURITY FORCES.
(a)

In General.—
It is the policy of the United States, in coordination with the Government of Afghanistan, North Atlantic Treaty Organization (NATO) member countries, and other allies in Afghanistan, that—
(1)
the accelerated transition of security responsibility from United States Armed Forces to the Afghan National Security Forces and the associated draw down of United States Armed Forces from Afghanistan shall be completed by not later than December 31, 2014;
(2)
the United States shall support an Afghan-led and Afghan-owned peace negotiation process leading to a political settlement of the conflict in Afghanistan, with the goal of establishing a secure and independent Afghanistan and promoting regional security and stability; and
(3)
any political settlement resulting from such peace negotiations must result in insurgent groups breaking ties with al Qaeda, renouncing violence, and accepting the Afghanistan constitution, including its protections for women and minorities.
(b)

Sense of Congress.—
It is the sense of Congress that, before making a public announcement regarding a decision on a United States military presence in Afghanistan after December 31, 2014, the President should consult with Congress regarding the size, mission, and estimated duration of such a presence.
(c)

Rule of Construction.—
Nothing in this section shall be construed so as to limit or prohibit any authority of the President to modify the military strategy, tactics, and operations of United States Armed Forces as such Armed Forces draw down from Afghanistan.
SEC. 1223.

DEFENSE INTELLIGENCE PLAN.
(a)

Plan Required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a Department of Defense plan regarding covered defense intelligence assets in relation to the drawdown of the United States Armed Forces in Afghanistan. Such plan shall include—
(1)
a description of the covered defense intelligence assets;
(2)
a description of any such assets to remain in Afghanistan after December 31, 2014, to continue to support military operations;
(3)
a description of any such assets that will be or have been reallocated to other locations outside of the United States in support of the Department of Defense;
(4)
the defense intelligence priorities that will be or have been addressed with the reallocation of such assets from Afghanistan;
(5)
the necessary logistics, operations, and maintenance plans to operate in the locations where such assets will be or have been reallocated, including personnel, basing, and any host country agreements; and
(6)
a description of any such assets that will be or have been returned to the United States.
(b)

Covered Defense Intelligence Assets Defined.—
In this section, the term “covered defense intelligence assets” means Department of Defense intelligence assets and personnel supporting military operations in Afghanistan at any time during the one-year period ending on the date of the enactment of this Act.
SEC. 1224.

LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN AUTHORITIES FOR AFGHANISTAN.
(a)

Limitation.—
(1)

In general.—
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 to carry out each of the provisions of law described in paragraph (2), not more than 50 percent may be obligated or expended until 15 days after the date on which the Secretary of Defense submits to the specified congressional committees the certification described in subsection (b).
(2)

Provisions of law.—
The provisions of law referred to in paragraph (1) are the following:
(A)
Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1619; relating to the Commanders’ Emergency Response Program in Afghanistan).
(B)
Section 1217 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4393; relating to authority for program to develop and carry out infrastructure projects in Afghanistan).
(C)
Section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 428; relating to the Afghanistan Security Forces Fund).
(b)

Certification Described.—
The certification referred to in subsection (a) is a certification of the Secretary of Defense, in consultation with the Secretary of State, that the United States and Afghanistan have signed a bilateral security agreement that is in the national security interests of the United States.
(c)

National Security Waiver Authority.—
The Secretary of Defense may waive the applicability of the limitation in subsection (a)(1) if the Secretary determines that the waiver is in the national security interests of the United States.
(d)

Specified Congressional Committees.—
In this section, the term “specified congressional committees” means—
(1)
the congressional defense committees; and
(2)
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Subtitle D—

Matters Relating to Iran
SEC. 1231.

REPORT ON UNITED STATES MILITARY PARTNERSHIP WITH GULF COOPERATION COUNCIL COUNTRIES.
(a)

In General.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the United States military partnership with Gulf Cooperation Council countries.
(b)

Matters To Be Included.—
The report required by subsection (a) shall include the following:
(1)
An explanation of the steps that the Department of Defense has taken and is planning to take to improve the coordination, effectiveness, and interoperability of the regional missile defense systems and capabilities of the United States and Gulf Cooperation Council countries, both bilaterally and multilaterally.
(2)
An outline of the defense agreements with Gulf Cooperation Council countries, including caveats and restrictions on United States operations.
(3)
An outline of United States efforts in Gulf Cooperation Council countries that are funded by overseas contingency operations funding, an explanation of overseas contingency operations funding for such efforts, and a plan to transition overseas contingency operations funding for such efforts to long-term, sustainable funding sources.
(c)

Form.—
The report required by subsection (a) may be submitted in classified or unclassified form.
SEC. 1232.

ADDITIONAL ELEMENTS IN ANNUAL REPORT ON MILITARY POWER OF IRAN.
(a)

In General.—
Section 1245(b)(3) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2542) is amended—
(1)
in subparagraph (C), by striking “and” at the end;
(2)
in subparagraph (D), by striking the period at the end and inserting “; and” ; and
(3)
by adding at the end the following new subparagraph:
“(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.”
.
(b)
[10 U.S.C. 113 note]

Effective Date.—
The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to reports required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010, as so amended, on or after that date.
SEC. 1233.

INTEGRATED AIR AND MISSILE DEFENSE PROGRAMS AT TRAINING LOCATIONS IN SOUTHWEST ASIA.
Section 544(c)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c(c)(1)) is amended—
(1)
in the first sentence, by inserting after “programs” the following: “and integrated air and missile defense programs”; and
(2)
in the second sentence, by adding at the end before the period the following: “and integrated air and missile defense training”.
Subtitle E—

Reports and Other Matters
SEC. 1241.

TWO-YEAR EXTENSION OF AUTHORIZATION FOR NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.
Section 943(h) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4579), as amended by section 1205(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1624), is further amended by striking “2013” and inserting “2015”.
SEC. 1242.

ELEMENT ON 5TH GENERATION FIGHTER PROGRAM IN ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended by adding at the end the following new paragraph:
“(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.”
.
SEC. 1243.

REPORT ON POSTURE AND READINESS OF THE ARMED FORCES TO RESPOND TO AN ATTACK OR OTHER CONTINGENCY AGAINST UNITED STATES DIPLOMATIC FACILITIES OVERSEAS.
(a)

Report Required.—
Not later than April 1, 2014, the Secretary of Defense shall, in consultation with the Secretary of State and the Chairman of the Joint Chiefs of Staff, submit to the congressional defense committees a report on the posture and readiness of the United States Armed Forces to respond to a request by the Department of State to supplement or support existing embassy security assets in the case of an attack or other contingency against a United States diplomatic facility overseas.
(b)

Elements.—
The report required by subsection (a) shall include the following:
(1)
A description and assessment of the posture and readiness of the United States Armed Forces that are expected or available to be tasked to supplement or support United States embassy security, including an assessment of the following:
(A)
Forward deployed assets that are capable of responding to an attack or other contingency against a United States diplomatic facility overseas.
(B)
Department of Defense support of the efforts of the Department of State to improve diplomatic security at United States diplomatic facilities overseas (in terms of both personnel and installations).
(C)
Potential enhancements of intelligence support to ensure that the United States Armed Forces in the vicinity of high threat, high risk United States diplomatic facilities overseas are in an appropriate posture to respond to an attack or other contingency against such facilities.
(2)
A description of any unfulfilled Marine Security Detachment requirements with respect to high threat, high risk United States diplomatic facilities overseas, a description and assessment of mitigation efforts to meet such requirements, and a schedule for meeting such requirements.
(c)

Form.—
The report required by subsection (a) may be submitted in classified or unclassified form.
SEC. 1244.

LIMITATION ON ESTABLISHMENT OF REGIONAL SPECIAL OPERATIONS FORCES COORDINATION CENTERS.
(a)

Limitation.—
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended to establish Regional Special Operations Forces Coordination Centers (RSCCs).
(b)

Report.—
Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional committees specified in subsection (c) a report on the following:
(1)
A detailed description of the intent and purpose of the RSCCs concept.
(2)
Defined and validated requirements justifying the establishment of RSCCs or similar entities within each geographic combatant command, to include how such RSCCs or similar entities have been coordinated and de-conflicted with existing regional and multilateral frameworks or approaches.
(3)
The relevance to and coordination with other multilateral engagement activities and academic institutions supported by the geographic combatant commanders and the Department of State.
(4)
Cost estimates across the Future Years Defense Program for RSCCs or similar entities, to include estimates of contributions of participating nations.
(5)
Any legislative authorities that may be needed to establish RSCCs or similar entities.
(6)
Any other matters that the Secretary of Defense or Secretary of State determines appropriate.
(c)

Specified Congressional Committees.—
The congressional committees referred to in subsection (b) are—
(1)
the congressional defense committees; and
(2)
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
SEC. 1245.

ADDITIONAL REPORTS ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA.
(a)

Report.—
Subsection (a) of section 1236 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1641), as amended by section 1292 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2042), is further amended by striking “November 1, 2012, and November 1, 2013,” and inserting “November 1, 2013, November 1, 2015, and November 1, 2017,”.
(b)

Update.—
Section 1236 of the National Defense Authorization Act for Fiscal Year 2012 is amended—
(1)
by redesignating subsection (c) as subsection (d); and
(2)
by inserting after subsection (b) the following new subsection:
“(c)

Update.
The Secretary of Defense shall revise or supplement the most recent report submitted pursuant to subsection (a) if, in the Secretary’s estimation, interim events or developments occurring in a period between reports required under subsection (a) warrant revision or supplement.”
.
SEC. 1246.

SENSE OF CONGRESS ON MISSILE DEFENSE COOPERATION WITH THE RUSSIAN FEDERATION .
(a)

Finding.—
Congress finds that the President certified to the Senate on February 2, 2011, pursuant to condition (5) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Treaty Between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms (commonly referred to as the “New START Treaty”), signed in Prague on April 8, 2010, the following: “The New START Treaty does not require, at any point during which it will be in force, the United States to provide to the Russian Federation telemetric information under Article IX of the New START Treaty, Part Seven of the Protocol, and the Annex on Telemetric Information to the Protocol for the launch of (a) any missile defense interceptor, as defined in paragraph 44 of Part One of the Protocol to the New START Treaty; (b) any satellite launches, missile defense sensor targets, and missile defense intercept targets, the launch of which uses the first stage of an existing type of United States intercontinental ballistic missile (ICBM) or submarine-launched ballistic missile (SLBM) listed in paragraph 8 of Article III of the New START Treaty; or (c) any missile described in clause (a) of paragraph 7 of Article III of the New START Treaty.”.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
as stated in declaration (1) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the New START Treaty—
(A)
“further limitations on the missile defense capabilities of the United States are not in the national security interest of the United States”; and
(B)
“[t]he New START Treaty and the April 7, 2010, unilateral statement of the Russian Federation on missile defense do not limit in any way, and shall not be interpreted as limiting, activities that the United States Government currently plans or that might be required over the duration of the New START Treaty to protect the United States pursuant to the National Missile Defense Act of 1999, or to protect United States Armed Forces and United States allies from limited ballistic missile attack, including further planned enhancements to the Ground-based Midcourse Defense system and all phases of the Phased Adaptive Approach to missile defense in Europe.”;
(2)
as stated in declaration (2) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the New START Treaty, “the United States will welcome steps by the Russian Federation also to adopt a fundamentally defensive strategic posture that no longer views robust strategic defensive capabilities as undermining the overall strategic balance, and stands ready to cooperate with the Russian Federation on strategic defensive capabilities, as long as such cooperation is aimed at fostering and in no way constrains the defensive capabilities of both sides”;
(3)
any missile defense cooperation with the Russian Federation should not in any way limit United States’ or NATO’s missile defense capabilities, and should be mutually beneficial and reciprocal in nature;
(4)
the United States should not provide the Russian Federation with sensitive missile defense information that would in any way compromise United States national security, including “hit-to-kill” technology and telemetry data for missile defense interceptors or target vehicles; and
(5)
the sovereignty of the United States and its ability to unilaterally pursue its own missile defense program shall be protected.
SEC. 1247.

AMENDMENTS TO ANNUAL REPORT UNDER ARMS CONTROL AND DISARMAMENT ACT.
(a)

Appropriate Congressional Committees.—
Section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a) is amended—
(1)
in subsection (a), by striking “the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate” and inserting “the appropriate congressional committees”;
(2)
in subsection (c), by striking “Congress” and inserting “appropriate congressional committees”; and
(3)
by adding at the end the following new subsection:
“(e)

Appropriate Congressional Committees Defined.
In this section, the term ‘appropriate congressional committees’ means—
“(1)
the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
“(2)
the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.”
.
(b)

Congressional Briefing.—
Section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a), as amended by subsection (a) of this section, is further amended—
(1)
by redesignating subsection (e) as subsection (f); and
(2)
by inserting after subsection (d) the following new subsection:
“(e)

Congressional Briefing.
Not later than May 15 of each year, the President shall provide to the appropriate congressional committees a briefing on the most-recent report required by this section.”
.
SEC. 1248.

REPORT ON ACTIONS TO REDUCE SUPPORT FOR BALLISTIC MISSILE PROLIFERATION.
(a)

Sense of Congress.—
It is the sense of Congress that—
(1)
the United States Government should develop a plan to reduce the spread of technology and expertise that could support the ballistic missile development programs of Iran, North Korea, and Syria, as well as any other nation determined by the United States Government to be a ballistic missile proliferation risk; and
(2)
such plan should include efforts to secure the cooperation of the Russian Federation and the People’s Republic of China to help reduce the spread of such ballistic missile technology and expertise.
(b)

Report.—
(1)

In general.—
Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report on steps that have been taken, and that are planned to be taken, to reduce the spread of technology and expertise that could support the ballistic missile development programs of Iran, North Korea, and Syria, as well as any other nation the Secretary determines to be a ballistic missile proliferation risk.
(2)

Definition.—
In this subsection, the term “appropriate congressional committees” means—
(A)
the congressional defense committees;
(B)
the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives; and
(C)
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(3)

Form.—
The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex, if necessary.
[Section 1249 was repealed by section 1051(s)(3) of Public Law 115–91.]
SEC. 1250.

REVISION OF STATUTORY REFERENCES TO FORMER NATO SUPPORT ORGANIZATIONS AND RELATED NATO AGREEMENTS.
(a)

Title 10, United States Code.—
Section 2350d of title 10, United States Code, is amended—
(1)
by striking “NATO Maintenance and Supply Organization” each place it appears and inserting “NATO Support Organization and its executive agencies”;
(2)
in subsection (a)(1)—
(A)
by striking “Weapon System Partnership Agreements” and inserting “Support Partnership Agreements”; and
(B)
in subparagraph (B), by striking “a specific weapon system” and inserting “activities”; and
(3)
in subsections (b), (c), (d), and (e), by striking “Weapon System Partnership Agreement” each place it appears and inserting “Support Partnership Agreement”.
(b)

Arms Export Control Act.—
Section 21(e)(3) of the Arms Export Control Act (22 U.S.C. 2761(e)(3)) is amended—
(1)
in subparagraphs (A) and (C)(i), by striking “Maintenance and Supply Agency of the North Atlantic Treaty Organization” and inserting “North Atlantic Treaty Organization (NATO) Support Organization and its executive agencies”;
(2)
in subparagraph (A)(i), by striking “weapon system partnership agreement” and inserting “support partnership agreement”; and
(3)
in subparagraph (C)(i)(II), by striking “a specific weapon system” and inserting “activities”.
SEC. 1251.

EXECUTIVE AGREEMENTS WITH THE RUSSIAN FEDERATION RELATING TO BALLISTIC MISSILE DEFENSE.
(a)

Sense of Congress.—
It is the sense of Congress that any executive agreement between the United States and the Russian Federation relating to ballistic missile defense should not limit the development or deployment of ballistic missile defense systems or capabilities of the United States or of the North Atlantic Treaty Organization.
(b)
[22 U.S.C. 5952 note]

Briefing.—
Prior to signing an executive agreement with the Russian Federation relating to ballistic missile defense, the President, or the President’s designee, shall brief the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the objectives and contents of the executive agreement.
SEC. 1252.
[22 U.S.C. 8784 note]

RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as authorizing the use of force against Syria or Iran.
SEC. 1253.

LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT THE ARMS TRADE TREATY.
(a)

In General.—
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended to implement the Arms Trade Treaty, or to make any change to existing programs, projects, or activities as approved by Congress in furtherance of, pursuant to, or otherwise to implement the Arms Trade Treaty, unless the Arms Trade Treaty has received the advice and consent of the Senate and has been the subject of implementing legislation, as required, by the Congress.
(b)

Rule of Construction.—
Nothing in this section shall be construed to preclude the Department of Defense from assisting foreign countries in bringing their laws and regulations up to United States standards.
SEC. 1254.

REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION.
(a)

Report.—
Not later than June 1, 2014, the Secretary of Defense shall submit to the specified congressional committees a report on the security and military strategy of the Russian Federation.
(b)

Matters To Be Included.—
The report required under subsection (a) shall include the following:
(1)
An assessment of the security priorities and objectives of Russia.
(2)
The goals and factors shaping Russian security and military strategy, including military spending and investment priorities.
(3)
An assessment of the Russian military’s force structure.
(4)
Recent developments in Russian military doctrine and training.
(5)
The current state of United States military-to-military cooperation with Russia’s armed forces, which shall include the following:
(A)
A comprehensive and coordinated strategy for such military-to-military cooperation.
(B)
A summary of all such military-to-military cooperation during the one-year period preceding the report, including a summary of topics discussed.
(C)
A description of such military-to-military cooperation planned for the 12-month period following such report.
(D)
The Secretary’s assessment of the benefits the Russians expect to gain from such military-to-military cooperation.
(E)
The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military cooperation, and any concerns regarding such cooperation.
(F)
The Secretary’s assessment of how such military-to-military cooperation fit into the larger security relationship between the United States and the Russian Federation.
(6)
A description of Russia’s key military-to-military relationships with other countries, and how these relationships fit into Russia’s larger security and military strategy.
(7)
Other military and security developments involving Russia that the Secretary of Defense considers relevant to United States national security.
(c)

Form.—
The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d)

Definition.—
In this section the term “specified congressional committees” means—
(1)
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2)
the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
SEC. 1255.

PROHIBITION ON USE OF FUNDS TO ENTER INTO CONTRACTS OR AGREEMENTS WITH ROSOBORONEXPORT.
(a)

Prohibition.—
None of the funds authorized to be appropriated for the Department of Defense for fiscal year 2014 may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, to make a grant, to, or to provide a loan or loan guarantee to Rosoboronexport.
(b)

National Security Waiver Authority.—
The Secretary of Defense may waive the applicability of subsection (a) if the Secretary determines that such a waiver is in the national security interests of the United States.
(c)

Requirements Relating to Use of Funds Pursuant to Waiver.—
(1)

Notice to congress before obligation of funds.—
Not later than 30 days before obligating funds pursuant to the waiver under subsection (b), the Secretary of Defense shall submit to Congress a notice on the obligation of funds pursuant to the waiver.
(2)

Report.—
Not later than 15 days after the submittal of the notice under paragraph (1), the Secretary shall submit to Congress a report setting forth the following:
(A)
An assessment of the number, if any, of S-300 advanced anti-aircraft missiles that Rosoboronexport has delivered to the Assad regime in Syria.
(B)
A list of the known contracts, if any, that Rosoboronexport has signed with the Assad regime since January 1, 2013.
(d)

Rule of Construction.—
Nothing in this Act shall be construed to prohibit the use of funds authorized to be appropriated for the Department of Defense to enter into a contract or other agreement with Rosoboronexport for the purpose of supplying spare parts for the sustained maintenance of helicopters operated by the Afghan National Security Forces.
TITLE XIII—

COOPERATIVE THREAT REDUCTION
Sec. 1301.
Specification of cooperative threat reduction programs and funds.
Sec. 1302.
Funding allocations.
Sec. 1303.
Extension of authority for utilization of contributions to the cooperative threat reduction program.
Sec. 1304.
Strategy to modernize cooperative threat reduction and prevent the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region.
SEC. 1301.

SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.
(a)

Specification of Cooperative Threat Reduction Programs.—
For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501 of the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
(b)

Fiscal Year 2014 Cooperative Threat Reduction Funds Defined.—
As used in this title, the term “fiscal year 2014 Cooperative Threat Reduction funds” means the funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs.
(c)

Availability of Funds.—
Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs shall be available for obligation for fiscal years 2014, 2015, and 2016.
SEC. 1302.

FUNDING ALLOCATIONS.
(a)

Funding for Specific Purposes.—
Of the $528,455,000 authorized to be appropriated to the Department of Defense for fiscal year 2014 in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes specified:
(1)
For strategic offensive arms elimination, $5,700,000.
(2)
For chemical weapons destruction, $13,000,000.
(3)
For global nuclear security, $32,808,000.
(4)
For cooperative biological engagement, $306,325,000.
(5)
For proliferation prevention, $136,072,000.
(6)
For threat reduction engagement, $6,375,000.
(7)
For activities designated as Other Assessments/Administrative Costs, $28,175,000.
(b)

Report on Obligation or Expenditure of Funds for Other Purposes.—
No fiscal year 2014 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (7) of subsection (a) until 15 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2014 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law.
(c)

Limited Authority to Vary Individual Amounts.—
(1)

In general.—
Subject to paragraph (2), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2014 for a purpose listed in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for that purpose.
(2)

Notice-and-wait required.—
An obligation of funds for a purpose stated in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after—
(A)
the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and
(B)
15 days have elapsed following the date of the notification.
(d)

Enhanced Authority.—
(1)

In general.—
The percentage limitation specified in subsection (a) of section 1305 of the National Defense Authorization Act for Fiscal Year 2010 (22 U.S.C. 5965) shall not apply with respect to amounts appropriated or otherwise made available for fiscal year 2014 or 2015 for the Cooperative Threat Reduction Program of the Department of Defense to the extent that amounts expended in excess of such percentage limitation for either such fiscal year are expended for activities undertaken under that section with respect to Syria.
(2)

Quarterly briefings.—
(A)

Initial briefing.—
Not later than April 15, 2014, the Secretary shall provide to the appropriate congressional committees a briefing on activities described in subsection (a) that includes the following:
(i)
A comprehensive assessment of the chemical weapons stockpiles in Syria, including names, types, and quantities of chemical weapons agents, types of munitions, and location and form of storage, production, and research and development facilities.
(ii)
An assessment of undeclared chemical weapons stockpiles, munitions, and facilities.
(iii)
A detailed plan for carrying out such activities.
(iv)
Estimated costs, timelines, and milestones for carrying out the plan, including accounting of funds expended between September 27, 2013, and the date of the initial briefing.
(v)
A discussion of the planned final disposition of equipment and facilities procured using funds authorized for such activities.
(vi)
A detailed list of pledges made and funds received by foreign nations and multilateral organizations.
(vii)
Any other issues or events that reflect the current status of the efforts to remove and destroy Syria’s chemical weapons.
(B)

Subsequent briefings.—
Not later than 90 days after providing the briefing required by subparagraph (A), and each 90-day period thereafter, the Secretary shall provide to the appropriate congressional committees a briefing on the activities carried out under subsection (a) that includes the following:
(i)
An accounting of the funds expended as of the date of the briefing to carry out such activities.
(ii)
An estimate of the funds that are expected to be expended for such activities in the 90-day period following the briefing.
(iii)
An identification of recipients of assistance pursuant to such activities.
(iv)
A description of the types of equipment and services procured in carrying out such activities.
(v)
A detailed list of pledges made and funds received by foreign nations and multilateral organizations.
(vi)
Any other issues or events that reflect the current status of the efforts to remove and destroy Syria’s chemical weapons.
(3)

Appropriate congressional committees defined.—
In this section, the term “appropriate congressional committees” means the following:
(A)
The congressional defense committees.
(B)
The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
SEC. 1303.

EXTENSION OF AUTHORITY FOR UTILIZATION OF CONTRIBUTIONS TO THE COOPERATIVE THREAT REDUCTION PROGRAM.
Section 1303(g) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2557; 22 U.S.C. 5952 note) is amended by striking “December 31, 2015” and inserting “December 31, 2018”.
SEC. 1304.

STRATEGY TO MODERNIZE COOPERATIVE THREAT REDUCTION AND PREVENT THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION AND RELATED MATERIALS IN THE MIDDLE EAST AND NORTH AFRICA REGION.
(a)

Strategy Required.—
The Secretary of Defense, in coordination with the Secretary of State and the Secretary of Energy, shall establish a comprehensive and broad nonproliferation strategy to advance cooperative efforts with the governments of countries in the Middle East and North Africa to reduce the threat from the proliferation of weapons of mass destruction and related materials.
(b)

Elements.—
The strategy required by subsection (a) shall—
(1)
build upon the current activities of the nonproliferation programs of the Department of Defense, the Department of State, the Department of Energy, and other departments and agencies of the Federal Government designed to mitigate the range of threats posed by weapons of mass destruction and related materials in the Middle East and North Africa region;
(2)
review issues relating to the threat from the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region on a regional basis as well as on a country-by-country basis;
(3)
review the activities and achievements in the Middle East and North Africa region of—
(A)
the Cooperative Threat Reduction program of the Department of Defense;
(B)
the nonproliferation programs of the Department of State and the Department of Energy; and
(C)
programs of other departments and agencies of the Federal Government designed to address nuclear, chemical, and biological safety and security issues;
(4)
ensure the continued coordination of cooperative nonproliferation efforts within the Federal Government;
(5)
mobilize and leverage additional resources from countries that cooperate with the United States with respect to nonproliferation efforts, nongovernmental and multilateral organizations, and international institutions;
(6)
include an assessment of what countries are financially, materially, or technologically supporting proliferation in the Middle East and North Africa region and how the strategy will prevent, stop, or interdict such support;
(7)
include an estimate of associated costs required to plan and execute the proposed cooperative threat reduction activities under the strategy; and
(8)
include a discussion of the metrics to measure the success of the strategy and such activities in reducing the regional threat of the proliferation of weapons of mass destruction.
(c)

Integration and Coordination.—
The strategy required by subsection (a) shall include—
(1)
an assessment of gaps in current cooperative efforts to reduce the threat from the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region;
(2)
an articulation of the priorities of the United States with respect to reducing such threat;
(3)
the establishment of appropriate metrics for determining success with respect to reducing such threat; and
(4)
methods for ensuring that the strategy conforms to broader efforts by the United States to reduce the threat from weapons of mass destruction.
(d)

Consultations.—
In establishing the strategy required by subsection (a), the Secretary of Defense shall consult with governmental and nongovernmental experts in matters relating to nonproliferation that present a diverse set of views.
(e)

Submission of Strategy and Implementation Plan.—
(1)

In general.—
Not later than March 31, 2014, the Secretary of Defense shall submit to the appropriate congressional committees the strategy required by subsection (a) and a plan for the implementation of the strategy.
(2)

Appropriate congressional committees defined.—
In this subsection, the term “appropriate congressional committees” means the following:
(A)
The congressional defense committees.
(B)
The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(3)

Form.—
The strategy and plan required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
TITLE XIV—

OTHER AUTHORIZATIONS
Subtitle A—
Military Programs
Sec. 1401.
Working capital funds.
Sec. 1402.
National Defense Sealift Fund.
Sec. 1403.
Chemical Agents and Munitions Destruction, Defense.
Sec. 1404.
Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405.
Defense Inspector General.
Sec. 1406.
Defense Health Program.
Subtitle B—
National Defense Stockpile
Sec. 1411.
Use of National Defense Stockpile for the conservation of a strategic and critical materials supply.
Sec. 1412.
Authority to acquire additional materials for the National Defense Stockpile.
Subtitle C—
Other Matters
Sec. 1421.
Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.
Sec. 1422.
Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1423.
Cemeterial expenses.
Subtitle A—

Military Programs
SEC. 1401.

WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.
SEC. 1402.

NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2014 for the National Defense Sealift Fund, as specified in the funding table in section 4501.
SEC. 1403.

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a)

Authorization of Appropriations.—
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.
(b)

Use.—
Amounts authorized to be appropriated under subsection (a) are authorized for—
(1)
the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(2)
the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
SEC. 1404.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
SEC. 1405.

DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
SEC. 1406.

DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2014 for the Defense Health Program, as specified in the funding table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for the health of eligible beneficiaries.
Subtitle B—

National Defense Stockpile
SEC. 1411.

USE OF NATIONAL DEFENSE STOCKPILE FOR THE CONSERVATION OF A STRATEGIC AND CRITICAL MATERIALS SUPPLY.
(a)

Presidential Responsibility for Conservation of Stockpile Materials.—
Section 6(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(a)) is amended—
(1)
by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and
(2)
by inserting after paragraph (4) the following new paragraph (5):
“(5)
provide for the 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;”
.
(b)

Uses of National Defense Stockpile Transaction Fund.—
Section 9(b)(2) of such Act (50 U.S.C. 98h(b)(2)) is amended—
(1)
by redesignating subparagraphs (D) through (L) as subparagraphs (E) through (M), respectively; and
(2)
by inserting after subparagraph (C) the following new subparagraph (D):
“(D)
Encouraging the appropriate conservation of strategic and critical materials.”
.
(c)

Development of Domestic Sources.—
Section 15(a) of such Act (50 U.S.C. 98h-6(a)) is amended, in the matter preceding paragraph (1), by inserting “and appropriate conservation” after “development”.
SEC. 1412.
[50 U.S.C. 98d note]

AUTHORITY TO ACQUIRE ADDITIONAL MATERIALS FOR THE NATIONAL DEFENSE STOCKPILE.
(a)

Acquisition Authority.—
Using funds available in the National Defense Stockpile Transaction Fund, the National Defense Stockpile Manager may acquire the following materials determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States:
(1)
Ferroniobium.
(2)
Dysprosium Metal.
(3)
Yttrium Oxide.
(4)
Cadmium Zinc Tellurium Substrate Materials.
(5)
Lithium Ion Precursors.
(6)
Triamino-Trinitrobenzene and Insensitive High Explosive Molding Powders.
(b)

Amount of Authority.—
The National Defense Stockpile Manager may use up to $41,000,000 of the National Stockpile Transaction Fund for acquisition of the materials specified in subsection (a).
(c)

Fiscal Year Limitation.—
The authority under this section is available for purchases during fiscal year 2014 through fiscal year 2019.
Subtitle C—

Other Matters
SEC. 1421.

AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.
(a)

Authority for Transfer of Funds.—
Of the funds authorized to be appropriated by section 1406 and available for the Defense Health Program for operation and maintenance, $143,087,000 may be transferred by the Secretary of Defense to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
(b)

Use of Transferred Funds.—
For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).
SEC. 1422.

AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2014 from the Armed Forces Retirement Home Trust Fund the sum of $67,800,000 for the operation of the Armed Forces Retirement Home.
SEC. 1423.

CEMETERIAL EXPENSES.
Funds are hereby authorized to be appropriated for the Department of the Army for fiscal year 2014 for cemeterial expenses, not otherwise provided for, in the amount of $45,800,000.
TITLE XV—

AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A—
Authorization of Additional Appropriations
Sec. 1501.
Purpose.
Sec. 1502.
Procurement.
Sec. 1503.
Research, development, test, and evaluation.
Sec. 1504.
Operation and maintenance.
Sec. 1505.
Military personnel.
Sec. 1506.
Working capital funds.
Sec. 1507.
Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1508.
Defense Inspector General.
Sec. 1509.
Defense Health Program.
Subtitle B—
Financial Matters
Sec. 1521.
Treatment as additional authorizations.
Sec. 1522.
Special transfer authority.
Subtitle C—
Limitations, Reports, and Other Matters
Sec. 1531.
Afghanistan Security Forces Fund.
Sec. 1532.
Joint Improvised Explosive Device Defeat Fund.
Sec. 1533.
Future role of Joint Improvised Explosive Device Defeat Organization.
Sec. 1534.
Extension of authority for Task Force for Business and Stability Operations in Afghanistan.
Subtitle A—

Authorization of Additional Appropriations
SEC. 1501.

PURPOSE.
The purpose of this subtitle is to authorize appropriations for the Department of Defense for fiscal year 2014 to provide additional funds for overseas contingency operations being carried out by the Armed Forces.
SEC. 1502.

PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102.
SEC. 1503.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4202.
SEC. 1504.

OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4302.
SEC. 1505.

MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4402.
SEC. 1506.

WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4502.
SEC. 1507.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502.
SEC. 1508.

DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502.
SEC. 1509.

DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502.
Subtitle B—

Financial Matters
SEC. 1521.

TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.
SEC. 1522.

SPECIAL TRANSFER AUTHORITY.
(a)

Authority To Transfer Authorizations.—
(1)

Authority.—
Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2014 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2)

Limitation.—
The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $4,000,000,000.
(b)

Terms and Conditions.—
Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.
(c)

Additional Authority.—
The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.
Subtitle C—

Limitations, Reports, and Other Matters
SEC. 1531.

AFGHANISTAN SECURITY FORCES FUND.
(a)

Continuation of Existing Limitations on Use of Funds in Fund.—
Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2014 shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 428), as amended by section 1531(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4424).
(b)

Revision of Plan for Use of Afghanistan Security Forces Fund.—
(1)

Revision and purpose.—
The Secretary of Defense shall revise the plan required by section 1531(e) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2056) regarding use of the Afghanistan Security Forces Fund through September 30, 2017, to ensure that an office or official of the Department of Defense is identified as responsible for each program or activity supported using funds available to the Department of Defense through the Afghanistan Security Forces Fund.
(2)

Submission.—
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional committees the plan as revised pursuant to paragraph (1).
(c)

Promotion of Recruitment and Retention of Women.—
(1)

In general.—
Of the funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2014, no less than $25,000,000 shall be available to be used for programs and activities to support the recruitment, integration, retention, training, and treatment of women in the Afghanistan National Security Forces (ANSF).
(2)

Types of programs and activities.—
Such programs and activities may include, but are not limited to—
(A)
efforts to recruit women into the ANSF, including the special operations forces;
(B)
programs and activities of the Afghan Ministry of Defense Directorate of Human Rights and Gender Integration and the Afghan Ministry of Interior Office of Human Rights, Gender and Child Rights;
(C)
development and dissemination of gender and human rights educational and training materials and programs within the Afghan Ministry of Defense and the Afghan Ministry of Interior;
(D)
efforts to address harassment and violence against women within the ANSF;
(E)
efforts to increase female security personnel in connection with elections in Afghanistan; and
(F)
improvements to infrastructure that address the requirements of women serving in the ANSF.
(d)
[10 U.S.C. 2302 note]

Equipment Disposal.—
(1)

Acceptance of certain equipment.—
The Secretary of Defense may accept equipment procured using funds authorized under this Act or prior Acts that was transferred to the security forces of Afghanistan and returned by such forces to the United States if the Secretary provides written notification to the congressional defense committees of the Secretary’s intention to accept such equipment.
(2)

Treatment as department of defense stocks.—
The equipment described in paragraph (1), and equipment not yet transferred to the security forces of Afghanistan that is determined by the Commander, Combined Security Transition Command-Afghanistan (or the Commander’s designee) to no longer be required for transfer to such forces, may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment.
(3)

Reports.—
(A)

Initial report.—
Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that details all equipment that was transferred to the security forces of Afghanistan and returned by such forces to the United States, including type of equipment and reason for its return.
(B)

Subsequent reports.—
Not later than 30 days after the end of the first two fiscal year quarters of fiscal year 2014, and not later than 30 days after the end of each fiscal half-year thereafter, the Secretary shall submit to the congressional defense committees a report on the equipment accepted under paragraph (1) during such fiscal year quarter or half-year, as the case may be. Each report shall include, for the period covered by such report, a list of all equipment accepted under paragraph (1) that was treated as the stocks of the Department pursuant to paragraph (2).
SEC. 1532.

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a)

Use and Transfer of Funds.—
Subsections (b) and (c) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439), as in effect before the amendments made by section 1503 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4649), shall apply to the funds made available to the Department of Defense for the Joint Improvised Explosive Device Defeat Fund for fiscal year 2014.
(b)

Termination of Notification Requirement.—
Effective December 31, 2014, paragraph (4) of subsection (c) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by section 1503(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4649), is repealed.
(c)

Extension of Interdiction of Improvised Explosive Device Precursor Chemicals Authority.—
Section 1532(c)(4) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2057) is amended by striking “December 31, 2013” and inserting “December 31, 2014”.
(d)

Semiannual Obligations and Expenditure Reports.—
Not later April 15 and October 15, 2014, the Secretary of Defense shall provide to the congressional defense committees a report on the Joint Improvised Explosive Device Defeat Fund explaining commitments, obligations, and expenditures by line of operation during the preceding six months.
SEC. 1533.

FUTURE ROLE OF JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT ORGANIZATION.
(a)

Report Required.—
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the future plans of the Department of Defense for the Joint Improvised Explosive Device Defeat Organization (JIEDDO). The Secretary shall prepare the report in consultation with the Chairman of the Joint Chiefs of Staff.
(b)

Required Elements.—
The report required by subsection (a) shall include the following elements:
(1)
The operational and enduring requirements considered in determining the future plans for JIEDDO.
(2)
If the Secretary of Defense plans to discontinue JIEDDO—
(A)
a description of how JIEDDO’s major programs, capabilities, and lines of operations will be integrated into other components within the Department of Defense or discontinued; and
(B)
a statement of the estimated costs to other components of the Department for any JIEDDO program, capability, or line of operations reassigned to such components.
(3)
If the Secretary of Defense plans to continue JIEDDO—
(A)
a statement of the expected mission of JIEDDO;
(B)
a description of the expected organizational structure for JIEDDO, including the reporting structure and lines of operation within the Department and personnel strength, including contractors; and
(C)
a statement of the estimated costs and budgetary impacts related to implementing any changes to the mission of JIEDDO and its organizational structure.
(4)
A timeline for implementation of the selected alternative described in paragraph (2) or (3).
(5)
A description of how the Department will identify and incorporate lessons learned from establishing and managing JIEDDO and its programs.
SEC. 1534.

EXTENSION OF AUTHORITY FOR TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS IN AFGHANISTAN.
(a)

Extension.—
Subsection (a) of section 1535 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4426), as most recently amended by section 1533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2058), is further amended—
(1)
in paragraph (6), by striking “and October 31, 2011, October 31, 2012, and October 31, 2013” and inserting “October 31 of each of 2011 through 2014”; and
(2)
in paragraph (8), by striking “September 30, 2013” and inserting “December 31, 2014”.
(b)

Funding.—
Subparagraph (B) of paragraph (4) of such subsection, as so amended, is further amended—
(1)
in clause (i), by striking “and” at the end;
(2)
in clause (ii), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following new clause:
“(iii)
may not exceed $63,800,000 for fiscal year 2014.”
.
(c)

Additional Limitation on Availability of Funds.—
Paragraph (4) of such subsection is further amended—
(1)
by redesignating subparagraph (C) as subparagraph (D);
(2)
by inserting after subparagraph (B) the following new subparagraph (C):
“(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
(3)
in subparagraph (D), as redesignated by paragraph (1), by inserting “of funds across fiscal years” after “Availability”.
(d)

Conversion of Update of Implementation of Transition Action Plan From Quarterly to Biannually.—
Paragraph (7)(B) of such subsection, as so amended, is further amended by striking “90 days” and inserting “180 days”.
TITLE XVI—

INDUSTRIAL BASE MATTERS
Subtitle A—
Defense Industrial Base Matters
Sec. 1601.
Periodic audits of contracting compliance by Inspector General of Department of Defense.
Sec. 1602.
Foreign space activities.
Sec. 1603.
Proof of Concept Commercialization Pilot Program.
Subtitle B—
Matters Relating to Small Business Concerns
Sec. 1611.
Advancing small business growth.
Sec. 1612.
Amendments relating to Procurement Technical Assistance Cooperative Agreement Program.
Sec. 1613.
Reporting on goals for procurement contracts awarded to small business concerns.
Sec. 1614.
Credit for certain small business subcontractors.
Sec. 1615.
Inapplicability of requirement to review and justify certain contracts.
Subtitle A—

Defense Industrial Base Matters
SEC. 1601.
[10 U.S.C. 2533a note]

PERIODIC AUDITS OF CONTRACTING COMPLIANCE BY INSPECTOR GENERAL OF DEPARTMENT OF DEFENSE.
(a)

Requirement for Periodic Audits of Contracting Compliance.—
The Inspector General of the Department of Defense shall conduct periodic audits of contracting practices and policies related to procurement under section 2533a of title 10, United States Code.
(b)

Requirement for Additional Information in Semiannual Reports.—
The Inspector General of the Department of Defense shall ensure that findings and other information resulting from audits conducted pursuant to subsection (a) are included in the semiannual report transmitted to congressional committees under section 408(f)(1) of title 5, United States Code.
SEC. 1602.

FOREIGN SPACE ACTIVITIES.
(a)

Contracts With Certain Foreign Entities.—
(1)

In general.—
Chapter 135 of title 10, United States Code, as amended by section 911(a) of this Act, is further amended by adding at the end the following new section:
“SEC. 2279.
[10 U.S.C. 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).”
.
(2)

Table of sections amendment.—
The table of sections at the beginning of such chapter, as amended by section 911(b) of this Act, is further amended by adding at the end the following item:
“2279.
Foreign commercial satellite services.”
.
(b)
[10 U.S.C. 2281 note]

Limitation on Construction on United States Territory of Satellite Positioning Ground Monitoring Stations of Foreign Governments.—
(1)

Certification.—
(A)

In general.—
The President may not authorize or permit the construction of a global navigation satellite system ground monitoring station directly or indirectly controlled by a foreign government (including a ground monitoring station owned, operated, or controlled on behalf of a foreign government) in the territory of the United States unless the Secretary of Defense and the Director of National Intelligence jointly certify to the appropriate congressional committees that such ground monitoring station will not possess the capability or potential to be used for the purpose of gathering intelligence in the United States or improving any foreign weapon system.
(B)

Form.—
Each certification under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
(2)

National security waiver.—
The Secretary of Defense and the Director of National Intelligence may jointly waive the certification requirement in paragraph (1) for a ground monitoring station if—
(A)
the Secretary and the Director jointly determine that the waiver is in the vital interests of the national security of the United States; and
(B)
the Secretary and the Director ensure that—
(i)
all data collected or transmitted from ground monitoring stations covered by the waiver are not encrypted;
(ii)
all persons involved in the construction, operation, and maintenance of such ground monitoring stations are United States persons;
(iii)
such ground monitoring stations are not located in geographic proximity to sensitive United States national security sites;
(iv)
the United States approves all equipment to be located at such ground monitoring stations;
(v)
appropriate actions are taken to ensure that any such ground monitoring stations do not pose a cyber espionage or other threat, including intelligence or counterintelligence, to the national security of the United States; and
(vi)
any improvements to such ground monitoring stations do not reduce or compete with the advantages of Global Positioning System technology for users.
(3)

Waiver report.—
For each waiver under paragraph (2), the Secretary of Defense and the Director of National Intelligence, in consultation with the Secretary of State, shall jointly submit to the appropriate congressional committees a report containing—
(A)
the reason why it is not possible to provide the certification under paragraph (1) for the ground monitoring stations covered by such waiver;
(B)
an assessment of the impact of the exercise of authority under paragraph (2) with respect to such ground monitoring stations on the national security of the United States;
(C)
a description of the means to be used to mitigate any such impact to the United States for the duration that such ground monitoring stations are operated in the territory of the United States; and
(D)
any other information in connection with the waiver that the Secretary of Defense and the Director of National Intelligence, in consultation with the Secretary of State, consider appropriate.
(4)

Notice.—
Not later than 30 days before the exercise of the authority to waive under paragraph (2) the certification requirement under paragraph (1) for a ground monitoring station, the Secretary of Defense and the Director of National Intelligence shall jointly provide to the appropriate congressional committees notice of the exercise of such authority and the report required under paragraph (3) with respect to such ground monitoring station.
(5)

Appropriate congressional committees defined.—
In this subsection, the term “appropriate congressional committees” means—
(A)
the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(B)
the Committee on Armed Services, the committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(6)

Sunset.—
Effective on the date that is five years after the date of the enactment of this Act, paragraphs (1) through (5) are repealed.
SEC. 1603.
[10 U.S.C. 2359 note]

PROOF OF CONCEPT COMMERCIALIZATION OF DUAL-USE TECHNOLOGY PILOT PROGRAM.
(a)

Pilot Program.—
The Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and the Secretary of each military department, may establish and implement a pilot program, to be known as the “Proof of Concept Commercialization of Dual-Use Technology Pilot Program”, with a focus on priority defense technology areas that attract public and private sector funding, as well as private sector investment capital, including from venture capital firms in the United States, in accordance with this section.
(b)

Purpose.—
The purpose of the pilot program is to accelerate the commercialization of basic research innovations from qualifying institutions.
(c)

Awards.—
(1)

In general.—
Under the pilot program, the Secretary shall make financial awards to qualifying institutions in accordance with this subsection.
(2)

Competitive, merit-based process.—
An award under the pilot program shall be made using a competitive, merit-based process.
(3)

Eligibility.—
A qualifying institution shall be eligible for an award under the pilot program if the institution agrees to—
(A)
use funds from the award for the uses specified in paragraph (5); and
(B)
oversee the use of the funds through—
(i)
rigorous review of commercialization potential or military utility of technologies, including through use of outside expertise;
(ii)
technology validation milestones focused on market feasibility;
(iii)
simple reporting on program progress; and
(iv)
a process to reallocate funding from poor performing projects to those with more potential.
(4)

Criteria.—
An award may be made under the pilot program to a qualifying institution in accordance with the following criteria:
(A)
The extent to which a qualifying institution—
(i)
has an established and proven technology transfer or commercialization office and has a plan for engaging that office in the program’s implementation or has outlined an innovative approach to technology transfer that has the potential to increase or accelerate technology transfer outcomes and can be adopted by other qualifying institutions;
(ii)
can assemble a project management board comprised of industry, start-up, venture capital, technical, financial, and business experts;
(iii)
has an intellectual property rights strategy or office; and
(iv)
demonstrates a plan for sustainability beyond the duration of the funding from the award, which may include access to venture capital.
(B)
Such other criteria as the Secretary determines necessary.
(5)

Use of award.—
(A)

In general.—
Subject to subparagraph (B), the funds from an award may be used to evaluate the commercial potential of existing discoveries, including activities that contribute to determining a project’s commercialization path, including technical validations, market research, clarifying intellectual property rights, and investigating commercial and business opportunities.
(B)

Limitations.—
(i)
The amount of an award may not exceed $1,000,000 a year.
(ii)
Funds from an award may not be used for basic research, or to fund the acquisition of research equipment or supplies unrelated to commercialization activities.
(d)

Qualifying Institution Defined.—
In this section, the term “qualifying institution” means a nonprofit institution, as defined in section 4(3) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(3)), or a Federal laboratory, as defined in section 4(4) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(4)).
(e)

Authorities.—
In carrying out this section, the Secretary may use the following authorities:
(1)
Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges.
(2)
Section 2368 of such title, relating to Centers for Science, Technology, and Engineering Partnerships.
(3)
Section 2374a of such title, relating to prizes for advanced technology achievements.
(4)
Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.
(5)
Section 2521 of such title, relating to the Manufacturing Technology Program.
(6)
Section 225 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note).
(7)
Section 1711 of such Act (Public Law 115–91; 10 U.S.C. 2505 note), relating to a pilot program on strengthening manufacturing in the defense industrial base.
(8)
Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.
(f)

Termination.—
The pilot program conducted under this section shall terminate on September 30, 2024.
Subtitle B—

Matters Relating to Small Business Concerns
SEC. 1611.

ADVANCING SMALL BUSINESS GROWTH.
(a)

Advancing Small Business Growth.—
(1)

In general.—
Chapter 142 of title 10, United States Code, is amended—
(A)
by redesignating section 2419 as section 2420; and
(B)
by inserting after section 2418 the following new section 2419:
“SEC. 2419.
[10 U.S.C. 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).”
.
(2)

Clerical amendment.—
The table of sections at the beginning of such chapter is amended by striking the item relating to section 2419 and inserting the following:
“2419.
Advancing small business growth.
“2420.
Regulations.”
.
(b)

Exception to Limitation on Funding.—
Section 2414 of such title is amended—
(1)
in subsection (a), by striking “The value” and inserting “Except as provided in subsection (c), the value”; and
(2)
by adding at the end the following new subsection (c):
“(c)

Exception.
The value of the assistance provided in accordance with section 2419(b) of this title is not subject to the limitations in subsection (a).”
.
(c)

Revisions to Cooperative Agreements.—
(1)

Full funding allowed for certain assistance.—
Section 2413(b) of such title is amended—
(A)
by striking “except that in the case” and inserting: “except that—
“(1)
in the case”
;
(B)
by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following new paragraph:
“(2)
in the case of a program sponsored by such an entity that provides 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.”
.
(2)

Additional considerations.—
Section 2413 of such title is further amended by adding at the end the following new subsection:
“(e)
In determining the level of funding to provide under an agreement under subsection (b), the Secretary shall consider the forecast by the eligible entity of demand for procurement technical assistance, and, in the case of an established program under this chapter, the outlays and receipts of such program during prior years of operation.”
.
(3)

Conforming amendment.—
Section 2413(d) of such title is amended by striking “and in determining the level of funding to provide under an agreement under subsection (b),”.
SEC. 1612.

AMENDMENTS RELATING TO PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM.
(a)

Increase in Government Share.—
Section 2413(b) of title 10, United States Code, is amended—
(1)
by striking “one-half” both places it appears and inserting “65 percent”; and
(2)
by striking “three-fourths” and inserting “75 percent”.
(b)

Increase in Limitations on Value of Assistance.—
Section 2414(a) of such title is amended—
(1)
in paragraphs (1) and (4), by striking “$600,000” and inserting “$750,000”;
(2)
in paragraph (2), by striking “$300,000” and inserting “$450,000”; and
(3)
in paragraph (3), by striking “$150,000” and inserting “$300,000”.
SEC. 1613.

REPORTING ON GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS CONCERNS.
Subsection (h)(1) of section 15 of the Small Business Act (15 U.S.C. 644) is amended—
(1)
by striking “and” at the end of subparagraph (B);
(2)
by striking the period at the end of subparagraph (C) and inserting “; and”; and
(3)
by adding at the end the following new subparagraph:
“(D)
a remediation plan with proposed new practices to better meet such goals, including analysis of factors leading to any failure to achieve such goals.”
.
SEC. 1614.

CREDIT FOR CERTAIN SMALL BUSINESS SUBCONTRACTORS.
(a)

In General.—
Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended—
(1)
in paragraph (6)(D), by adding before the semicolon at the end the following:
“, and assurances at a minimum that the offeror or bidder, and all subcontractors required to maintain subcontracting plans pursuant to this paragraph, will—
“(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”
;
(2)
in paragraph (6)(F), by striking “and” at the end;
(3)
by redesignating subparagraph (G) of paragraph (6) as subparagraph (H), and inserting after subparagraph (F) of paragraph (6) the following new subparagraph (G):
“(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”
;
(4)
by adding at the end the following:
“(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).”
.
(b)

Definitions Pertaining to Subcontracting.—
Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following:
- “(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.”
.
(c)

Implementation and Effective Date.—
(1)
[15 U.S.C. 632 note]

Requirement for plan.—
Not later than 180 days after the date of the enactment of this Act, the Administrator of the Small Business Administration, the Secretary of Defense, and the Administrator of General Services shall submit to the Committee on Small Business and the Committee on Armed Services of the House of Representatives and the Committee on Small Business and Entrepreneurship and the Committee on Armed Services of the Senate a plan to implement this section and the amendments made by this section. The plan shall contain assurances that the appropriate tracking mechanisms are in place to enable transparency of subcontracting activities at all tiers.
(2)

Completion of plan actions.—
Not later than one year after the date of the enactment of this Act, the Administrator of the Small Business Administration, the Secretary of Defense, and the Administrator of General Services shall complete the actions required by the plan.
(3)

Regulations.—
No later than 18 months after the date of the enactment of this Act, the Administrator of the Small Business Administration shall promulgate any regulations necessary, and the Federal Acquisition Regulation shall be revised, to implement this section and the amendments made by this section.
(4)

Applicability.—
Any regulations promulgated pursuant to paragraph (3) shall apply to contracts entered into after the last day of the fiscal year in which the regulations are promulgated.
SEC. 1615.
[15 U.S.C. 657s note]

INAPPLICABILITY OF REQUIREMENT TO REVIEW AND JUSTIFY CERTAIN CONTRACTS.
In the case of a contract to which the provisions of section 46 of the Small Business Act (15 U.S.C. 657s) apply, the requirements under section 802 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1824; 10 U.S.C. 2304 note) do not apply.
TITLE XVII—

SEXUAL ASSAULT PREVENTION AND RESPONSE AND RELATED REFORMS
Subtitle A—
Reform of Uniform Code of Military Justice
Sec. 1701.
Extension of crime victims’ rights to victims of offenses under the Uniform Code of Military Justice.
Sec. 1702.
Revision of Article 32 and Article 60, Uniform Code of Military Justice.
Sec. 1703.
Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes.
Sec. 1704.
Defense counsel interview of victim of an alleged sex-related offense in presence of trial counsel, counsel for the victim, or a Sexual Assault Victim Advocate.
Sec. 1705.
Discharge or dismissal for certain sex-related offenses and trial of such offenses by general courts-martial.
Sec. 1706.
Participation by victim in clemency phase of courts-martial process.
Sec. 1707.
Repeal of the offense of consensual sodomy under the Uniform Code of Military Justice.
Sec. 1708.
Modification of Manual for Courts-Martial to eliminate factor relating to character and military service of the accused in rule on initial disposition of offenses.
Sec. 1709.
Prohibition of retaliation against members of the Armed Forces for reporting a criminal offense.
Subtitle B—
Other Amendments to Title 10, United States Code
Sec. 1711.
Prohibition on service in the Armed Forces by individuals who have been convicted of certain sexual offenses.
Sec. 1712.
Issuance of regulations applicable to the Coast Guard regarding consideration of request for permanent change of station or unit transfer by victim of sexual assault.
Sec. 1713.
Temporary administrative reassignment or removal of a member of the Armed Forces on active duty who is accused of committing a sexual assault or related offense.
Sec. 1714.
Expansion and enhancement of authorities relating to protected communications of members of the Armed Forces and prohibited retaliatory actions.
Sec. 1715.
Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault.
Sec. 1716.
Designation and availability of Special Victims’ Counsel for victims of sex-related offenses.
Subtitle C—
Amendments to Other Laws
Sec. 1721.
Tracking of compliance of commanding officers in conducting organizational climate assessments for purposes of preventing and responding to sexual assaults.
Sec. 1722.
Advancement of submittal deadline for report of independent panel on assessment of military response systems to sexual assault.
Sec. 1723.
Retention of certain forms in connection with Restricted Reports and Unrestricted Reports on sexual assault involving members of the Armed Forces.
Sec. 1724.
Timely access to Sexual Assault Response Coordinators by members of the National Guard and Reserves.
Sec. 1725.
Qualifications and selection of Department of Defense sexual assault prevention and response personnel and required availability of Sexual Assault Nurse Examiners.
Sec. 1726.
Additional responsibilities of Sexual Assault Prevention and Response Office for Department of Defense sexual assault prevention and response program.
Subtitle D—
Studies, Reviews, Policies, and Reports
Sec. 1731.
Independent reviews and assessments of Uniform Code of Military Justice and judicial proceedings of sexual assault cases.
Sec. 1732.
Review and policy regarding Department of Defense investigative practices in response to allegations of Uniform Code of Military Justice violations.
Sec. 1733.
Review of training and education provided members of the Armed Forces on sexual assault prevention and response.
Sec. 1734.
Report on implementation of Department of Defense policy on the retention of and access to evidence and records relating to sexual assaults involving members of the Armed Forces.
Sec. 1735.
Review of the Office of Diversity Management and Equal Opportunity role in sexual harassment cases.
Subtitle E—
Other Matters
Sec. 1741.
Enhanced protections for prospective members and new members of the Armed Forces during entry-level processing and training.
Sec. 1742.
Commanding officer action on reports on sexual offenses involving members of the Armed Forces.
Sec. 1743.
Eight-day incident reporting requirement in response to unrestricted report of sexual assault in which the victim is a member of the Armed Forces.
Sec. 1744.
Review of decisions not to refer charges of certain sex-related offenses for trial by court-martial.
Sec. 1745.
Inclusion and command review of information on sex-related offenses in personnel service records of members of the Armed Forces.
Sec. 1746.
Prevention of sexual assault at military service academies.
Sec. 1747.
Required notification whenever members of the Armed Forces are completing Standard Form 86 of the Questionnaire for National Security Positions.
Subtitle F—
Sense of Congress Provisions
Sec. 1751.
Sense of Congress on commanding officer responsibility for command climate free of retaliation.
Sec. 1752.
Sense of Congress on disposition of charges involving certain sexual misconduct offenses under the Uniform Code of Military Justice through courts-martial.
Sec. 1753.
Sense of Congress on the discharge in lieu of court-martial of members of the Armed Forces who commit sex-related offenses.
Subtitle A—

Reform of Uniform Code of Military Justice
SEC. 1701.

EXTENSION OF CRIME VICTIMS’ RIGHTS TO VICTIMS OF OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a)

Victims’ Rights.—
(1)

In general.—
Subchapter I of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section (article):
“SEC. 806b.
[10 U.S.C. 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.”
.
(2)

Clerical amendment.—
The table of sections at the beginning of subchapter I of chapter 47 of such title (the Uniform Code of Military Justice) is amended by adding at the end the following new item:
“806b.
Art. 6b. Rights of the victim of an offense under this chapter.”
.
(b)
[10 U.S.C. 806b note]

Implementation.—
(1)

Issuance.—
Not later than one year after the date of the enactment of this Act—
(A)
the Secretary of Defense shall recommend to the President changes to the Manual for Courts-Martial to implement section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a); and
(B)
the Secretary of Defense and Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall prescribe such regulations as each such Secretary considers appropriate to implement such section.
(2)

Mechanisms for affording rights.—
The recommendations and regulations required by paragraph (1) shall include the following:
(A)
Mechanisms for ensuring that victims are notified of, and accorded, the rights specified in section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a).
(B)
Mechanisms for ensuring that members of the Armed Forces and civilian personnel of the Department of Defense and the Coast Guard make their best efforts to ensure that victims are notified of, and accorded, the rights specified in such section.
(C)
Mechanisms for the enforcement of such rights, including mechanisms for application for such rights and for consideration and disposition of applications for such rights.
(D)
The designation of an authority within each Armed Force to receive and investigate complaints relating to the provision or violation of such rights.
(E)
Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense and Coast Guard who willfully or wantonly fail to comply with requirements relating to such rights.
SEC. 1702.

REVISION OF ARTICLE 32 AND ARTICLE 60, UNIFORM CODE OF MILITARY JUSTICE.
(a)

Use of Preliminary Hearings.—
(1)

In general.—
Section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended to read as follows:
“SEC. 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.”
.
(2)

Clerical amendment.—
The table of sections at the beginning of subchapter VI of chapter 47 of such title is amended by striking the item relating to section 832 and inserting the following new item:
“832.
Art 32. Preliminary hearing.”
.
(b)

Elimination of Unlimited Command Prerogative and Discretion; Imposition of Additional Limitations.—
Subsection (c) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is amended to read as follows:
“(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)

Conforming Amendments.—
(1)

References to sole discretion and other persons authorized to act under article 60.—
Section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is further amended—
(A)
in subsection (b)(2), by striking “or other person taking action under this section” and inserting “or another person authorized to act under this section”;
(B)
in subsection (d), by striking “or other person taking action under this section” the first place it appears and inserting “or another person authorized to act under this section”;
(C)
in subsection (e)(1), by striking “or other person taking action under this section, in his sole discretion,” and inserting “or another person authorized to act under this section”; and
(D)
in subsection (e)(3), by striking “or other person taking action under this section” and inserting “or another person authorized to act under this section”.
(2)

Other authority for convening authority to suspend sentence.—
Section 871(d) of such title (article 71(d) of the Uniform Code of Military Justice) is amended by adding at the end the following new sentence: “Paragraphs (2) and (4) of subsection (c) of section 860 of this title (article 60) shall apply to any decision by the convening authority or another person authorized to act under this section to suspend the execution of any sentence or part thereof under this subsection.”.
(3)

References to article 32 investigation.—
(A)
Section 802(d)(1)(A) of such title (article 2(d)(1)(A) of the Uniform Code of Military Justice) is amended by striking “investigation under section 832” and inserting “a preliminary hearing under section 832”.
(B)
Section 834(a)(2) of such title (article 34(a)(2) of the Uniform Code of Military Justice) is amended by striking “investigation under section 832 of this title (article 32) (if there is such a report)” and inserting “a preliminary hearing under section 832 of this title (article 32)”.
(C)
Section 838(b)(1) of such title (article 38(b)(1) of the Uniform Code of Military Justice) is amended by striking “an investigation under section 832” and inserting “a preliminary hearing under section 832”.
(D)
Section 847(a)(1) of such title (article 47(a)(1) of the Uniform Code of Military Justice) is amended by striking “an investigation pursuant to section 832(b) of this title (article 32(b))” and inserting “a preliminary hearing pursuant to section 832 of this title (article 32)”.
(E)
Section 948b(d)(1)(C) of such title is amended by striking “pretrial investigation” and inserting “preliminary hearing”.
(d)

Effective Dates.—
(1)
[10 U.S.C. 802 note]

Article 32 amendments.—
The amendments made by subsections (a) and (c)(3) shall take effect on the later of December 26, 2014, or the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 and shall apply with respect to preliminary hearings conducted on or after that effective date.
(2)
[10 U.S.C. 860 note]

Article 60 amendments.—
(A)
Except as provided in subparagraph (B), the amendments made by subsection (b) and paragraphs (1) and (2) of subsection (c) shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to offenses committed under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on or after that effective date.
(B)
With respect to the findings and sentence of a court-martial that includes both a conviction for an offense committed before the effective date specified in subparagraph (A) and a conviction for an offense committed on or after that effective date, the convening authority shall have the same authority to take action on such findings and sentence as was in effect on the day before such effective date, except with respect to a mandatory minimum sentence under section 856(b) of title 10, United States Code (article 56(b) of the Uniform Code of Military Justice).
SEC. 1703.

ELIMINATION OF FIVE-YEAR STATUTE OF LIMITATIONS ON TRIAL BY COURT-MARTIAL FOR ADDITIONAL OFFENSES INVOLVING SEX-RELATED CRIMES.
(a)

Inclusion of Additional Offenses.—
Section 843(a) of title 10, United States Code (article 43(a) of the Uniform Code of Military Justice), is amended by striking “rape, or rape of a child” and inserting “rape or sexual assault, or rape or sexual assault of a child”.
(b)

Conforming Amendment.—
Section 843(b)(2)(B)(i) of title 10, United States Code (article 43(b)(2)(B)(i) of the Uniform Code of Military Justice), is amended by inserting before the period at the end the following: “, unless the offense is covered by subsection (a)”.
(c)
[10 U.S.C. 843 note]

Effective Date.—
The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to an offense covered by section 920(b) or 920b(b) of title 10, United States Code (article 120(b) or 120b(b) of the Uniform Code of Military Justice), that is committed on or after that date.
SEC. 1704.

DEFENSE COUNSEL INTERVIEW OF VICTIM OF AN ALLEGED SEX-RELATED OFFENSE IN PRESENCE OF TRIAL COUNSEL, COUNSEL FOR THE VICTIM, OR A SEXUAL ASSAULT VICTIM ADVOCATE.
Section 846 of title 10, United States Code (article 46 of the Uniform Code of Military Justice), is amended—
(1)
by inserting “(a) Opportunity To Obtain Witnesses and Other Evidence.—”before “The trial counsel”;
(2)
by striking “Process issued” and inserting the following:
“(c)

Process.
Process issued”
; and
(3)
by inserting after subsection (a), as designated by paragraph (1), the following new subsection (b):
“(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).”
.
SEC. 1705.

DISCHARGE OR DISMISSAL FOR CERTAIN SEX-RELATED OFFENSES AND TRIAL OF SUCH OFFENSES BY GENERAL COURTS-MARTIAL.
(a)

Mandatory Discharge or Dismissal Required.—
(1)

Imposition.—
Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), is amended—
(A)
by inserting “(a)” before “The punishment”; and
(B)
by adding at the end the following new subsection:
“(b)
(1)
While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge, 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).”
.
(2)

Clerical amendments.—
(A)

Section heading.—
The heading of such section is amended to read as follows:
“SEC. 856.

Art. 56. Maximum and minimum limits”
.
(B)

Table of sections.—
The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by striking the item relating to section 856 and inserting the following new item:
“856.
Art 56. Maximum and minimum limits.”
.
(b)

Jurisdiction Limited to General Courts-martial.—
Section 818 of title 10, United States Code (article 18 of the Uniform Code of Military Justice), is amended—
(1)
by inserting “(a)” before the first sentence;
(2)
in the third sentence, by striking “However, a general court-martial” and inserting the following:
“(b)
A general court-martial”
; and
(3)
by adding at the end the following new subsection:
“(c)
Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).”
.
(c)
[10 U.S.C. 818 note]

Effective Date.—
The amendments made by this section shall take effect 180 days after the date of the enactment of this Act, and apply to offenses specified in section 856(b)(2) of title 10, United States Code (article 56(b)(2) of the Uniform Code of Military Justice), as added by subsection (a)(1), committed on or after that date.
SEC. 1706.

PARTICIPATION BY VICTIM IN CLEMENCY PHASE OF COURTS-MARTIAL PROCESS.
(a)

Victim Submission of Matters for Consideration by Convening Authority.—
Section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by section 1702, is further amended—
(1)
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(2)
by inserting after subsection (c) the following new subsection:
“(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.”
.
(b)

Limitations on Consideration of Victim’s Character.—
Subsection (b) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph:
“(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.”
.
(c)

Conforming Amendment.—
Subsection (b)(1) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is amended by striking “subsection (d)” and inserting “subsection (e)”.
SEC. 1707.

REPEAL OF THE OFFENSE OF CONSENSUAL SODOMY UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a)

Restatement of Article 125 With Consensual Sodomy Omitted.—
Section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), is amended to read as follows:
“SEC. 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).”
.
(b)

Clerical Amendment.—
The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by striking the item relating to section 925 (article 125) and inserting the following new item:
“925.
Art 125. Forcible sodomy; bestiality.”
.
SEC. 1708.

MODIFICATION OF MANUAL FOR COURTS-MARTIAL TO ELIMINATE FACTOR RELATING TO CHARACTER AND MILITARY SERVICE OF THE ACCUSED IN RULE ON INITIAL DISPOSITION OF OFFENSES.
Not later than 180 days after the date of the enactment of this Act, the discussion pertaining to Rule 306 of the Manual for Courts-Martial (relating to policy on initial disposition of offenses) shall be amended to strike the character and military service of the accused from the matters a commander should consider in deciding how to dispose of an offense.
SEC. 1709.

PROHIBITION OF RETALIATION AGAINST MEMBERS OF THE ARMED FORCES FOR REPORTING A CRIMINAL OFFENSE.
(a)
[10 U.S.C. 113 note]

Regulations on Prohibition of Retaliation.—
(1)

Regulations required.—
The Secretary of Defense shall prescribe regulations, or require the Secretaries of the military departments to prescribe regulations, that prohibit retaliation against an alleged victim or other member of the Armed Forces who reports a criminal offense. The regulations shall prescribe that a violation of the regulations is an offense punishable under section 892 of title 10, United States Code (article 92 of the Uniform Code of Military Justice).
(2)

Deadline.—
The regulations required by this subsection shall be prescribed not later than 120 days after the date of the enactment of this Act.
(b)

Retaliation and Personnel Action Described.—
(1)

Retaliation.—
For purposes of the regulations required by subsection (a), the Secretary of Defense shall define retaliation to include, at a minimum—
(A)
taking or threatening to take an adverse personnel action, or withholding or threatening to withhold a favorable personnel action, with respect to a member of the Armed Forces because the member reported a criminal offense; and
(B)
ostracism and such acts of maltreatment, as designated by the Secretary of Defense, committed by peers of a member of the Armed Forces or by other persons because the member reported a criminal offense.
(2)

Personnel actions.—
For purposes of paragraph (1)(A), the Secretary of Defense shall define the personnel actions to be covered by the regulations.
(c)

Report on Separate Punitive Article.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the recommendations of the Secretary regarding whether chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), should be amended to add a new punitive article to subchapter X of such chapter to prohibit retaliation against an alleged victim or other member of the Armed Forces who reports a criminal offense.
Subtitle B—

Other Amendments to Title 10, United States Code
SEC. 1711.

PROHIBITION ON SERVICE IN THE ARMED FORCES BY INDIVIDUALS WHO HAVE BEEN CONVICTED OF CERTAIN SEXUAL OFFENSES.
(a)

Prohibition.—
(1)

In general.—
Chapter 37 of title 10, United States Code, is amended adding at the end the following new section:
“SEC. 657.
[10 U.S.C. 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.”
.
(2)

Clerical amendment.—
The table of sections at the beginning of chapter 37 of such title is amended by adding at the end the following new item:
“657.
Prohibition on service in the armed forces by individuals convicted of certain sexual offenses.”
.
(b)

Repeal of Superseded Prohibition.—
Section 523 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1723; 10 U.S.C. 504 note) is repealed.
SEC. 1712.

ISSUANCE OF REGULATIONS APPLICABLE TO THE COAST GUARD REGARDING CONSIDERATION OF REQUEST FOR PERMANENT CHANGE OF STATION OR UNIT TRANSFER BY VICTIM OF SEXUAL ASSAULT.
Section 673(b) of title 10, United States Code, is amended by striking “The Secretaries of the military departments” and inserting “The Secretary concerned”.
SEC. 1713.

TEMPORARY ADMINISTRATIVE REASSIGNMENT OR REMOVAL OF A MEMBER OF THE ARMED FORCES ON ACTIVE DUTY WHO IS ACCUSED OF COMMITTING A SEXUAL ASSAULT OR RELATED OFFENSE.
(a)

In General.—
Chapter 39 of title 10, United States Code, is amended by inserting after section 673 the following new section:
“SEC. 674.
[10 U.S.C. 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.”
.
(b)

Clerical Amendment.—
The table of sections at the beginning of chapter 39 of such title is amended by inserting after the item relating to section 673 the following new item:
“674.
Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense.”
.
(c)

Additional Training Requirement for Commanders.—
The Secretary of Defense shall provide for the inclusion of information and discussion regarding the availability and use of the authority described by section 674 of title 10, United States Code, as added by subsection (a), as part of the training for new and prospective commanders at all levels of command required by section 585(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 1561 note).
SEC. 1714.

EXPANSION AND ENHANCEMENT OF AUTHORITIES RELATING TO PROTECTED COMMUNICATIONS OF MEMBERS OF THE ARMED FORCES AND PROHIBITED RETALIATORY ACTIONS.
(a)

Expansion of Prohibited Retaliatory Personnel Actions.—
Subsection (b) of section 1034 of title 10, United States Code, is amended—
(1)
in paragraph (1)—
(A)
by striking “preparing—” and inserting “preparing or being perceived as making or preparing—”;
(B)
in subparagraph (A), by striking “or” at the end;
(C)
in subparagraph (B)—
(i)
in clause (iv), by striking “or” at the end;
(ii)
by redesignating clause (v) as clause (vi) and, in such clause, by striking the period at the end and inserting “; or”; and
(iii)
by inserting after clause (iv) the following new clause (v):
“(v)
a court-martial proceeding; or”
; and
(D)
by adding at the end the following new subparagraph:
“(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
(2)
in paragraph (2)—
(A)
by striking “and” after “unfavorable action” and inserting a comma; and
(B)
by inserting after “any favorable action” the following: “, or making or threatening to make a significant change in the duties or responsibilities of a member of the armed forces not commensurate with the member’s grade”.
(b)

Inspector General Investigations of Allegations.—
Subsection (c) of section 1034 of title 10, United States Code, is amended—
(1)
in paragraph (1), by striking “paragraph (3)” and inserting “paragraph (4)”;
(2)
by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively;
(3)
by inserting after paragraph (2) the following new paragraph (3):
“(3)
A communication described in paragraph (2) shall not be excluded from the protections provided in this section because—
“(A)
the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2);
“(B)
the communication revealed information that had previously been 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.”
;
(4)
in paragraph (5), as redesignated by paragraph (2) of this subsection—
(A)
by striking “paragraph (3)(A)” and inserting “paragraph (4)(A)”;
(B)
by striking “paragraph (3)(D)” and inserting “paragraph (4)(D)”; and
(C)
by striking “60 days” and inserting “one year”; and
(5)
in paragraph (6), as redesignated by paragraph (2) of this subsection, by striking “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.” and inserting the following:
“one or both of the following:
“(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.”
.
(c)

Inspector General Investigations of Underlying Allegations.—
Subsection (d) of section 1034 of title 10, United States Code, is amended by striking “subparagraph (A) or (B) of subsection (c)(2)” and inserting “subparagraph (A), (B), or (C) of subsection (c)(2)”.
(d)

Reports on Investigations.—
Subsection (e) of section 1034 of title 10, United States Code, is amended—
(1)
in paragraph (1)—
(A)
by striking “subsection (c)(3)(E)” both places it appears and inserting “subsection (c)(4)(E)”;
(B)
by inserting “and the Secretary of the military department concerned” after “the Secretary of Defense”; and
(C)
by striking “transmitted to the Secretary” and inserting “transmitted to such Secretaries”; and
(2)
in paragraph (3), by inserting “and the Secretary of the military department concerned” after “the Secretary of Defense”.
(e)

Action in Case of Violations.—
Section 1034 of title 10, United States Code, is further amended—
(1)
by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i), and (j), respectively; and
(2)
by inserting after subsection (e) the following new subsection (f):
“(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).”
.
(f)

Correction of Records.—
Subsection (g) of section 1034 of title 10, United States Code, as redesignated by subsection (e)(1) of this section, is amended in paragraph (3)—
(1)
in the matter preceding subparagraph (A), by striking “board elects to hold” and inserting “board holds”; and
(2)
in subparagraph (A)(ii), by striking “the case is unusually complex or otherwise requires” and inserting “the member or former member would benefit from”.
SEC. 1715.

INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF RETALIATORY PERSONNEL ACTIONS TAKEN IN RESPONSE TO MAKING PROTECTED COMMUNICATIONS REGARDING SEXUAL ASSAULT.
Section 1034(c)(2)(A) of title 10, United States Code, is amended by striking “sexual harassment or” and inserting “rape, sexual assault, or other sexual misconduct in violation of sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment, or”.
SEC. 1716.

DESIGNATION AND AVAILABILITY OF SPECIAL VICTIMS’ COUNSEL FOR VICTIMS OF SEX-RELATED OFFENSES.
(a)

Designation and Duties.—
(1)

In general.—
Chapter 53 of title 10, United States Code, is amended by inserting after section 1044d the following new section:
“SEC. 1044e.
[10 U.S.C. 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.”
.
(2)

Clerical amendment.—
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1044d the following new item:
“1044e.
Special Victims’ Counsel for victims of sex-related offenses.”
.
(3)

Conforming amendments.—
(A)

Qualifications of persons providing legal assistance.—
Section 1044(d)(2) of such title is amended by inserting before the period at the end the following: “and, for purposes of service as a Special Victims’ Counsel under section 1044e of this title, meets the additional qualifications specified in subsection (d)(2) of such section.”.
(B)

Inclusion in definition of military legal assistance.—
Section 1044(d)(3)(B) of such title is amended by striking “and 1044d” and inserting “1044d, 1044e, and 1565b(a)(1)(A)”.
(C)

Access to legal assistance and services.—
Section 1565b(a)(1)(A) of such title is amended by striking “section 1044” and inserting “sections 1044 and 1044e”.
(4)
[10 U.S.C. 1044e note]

Implementation.—
Section 1044e of title 10, United States Code, as added by paragraph (1), shall be implemented within 180 days after the date of the enactment of this Act.
(b)
[10 U.S.C. 1044e note]

Enhanced Training Requirement.—
The Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall implement, consistent with the guidelines provided under section 1044e of title 10, United States Code, as added by subsection (a), in-depth and advanced training for all military and civilian attorneys providing legal assistance under section 1044 or 1044e of such title to support victims of alleged sex-related offenses.
(c)

Secretary of Defense Implementation Report.—
(1)

Report required.—
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services and Transportation and Infrastructure of the House of Representatives a report describing how the Armed Forces will implement the requirements of section 1044e of title 10, United States Code, as added by subsection (a).
(2)

Additional submission requirement.—
The report required by paragraph (1) shall also be submitted to the independent review panel established by the Secretary of Defense under section 576(a)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758) and to the Joint Services Committee on Military Justice.
Subtitle C—

Amendments to Other Laws
SEC. 1721.

TRACKING OF COMPLIANCE OF COMMANDING OFFICERS IN CONDUCTING ORGANIZATIONAL CLIMATE ASSESSMENTS FOR PURPOSES OF PREVENTING AND RESPONDING TO SEXUAL ASSAULTS.
Section 572 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1753; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsection:
“(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. 1722.

ADVANCEMENT OF SUBMITTAL DEADLINE FOR REPORT OF INDEPENDENT PANEL ON ASSESSMENT OF MILITARY RESPONSE SYSTEMS TO SEXUAL ASSAULT.
Section 576(c)(1)(B) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1759) is amended by striking “Eighteen months” and inserting “Twelve months”.
SEC. 1723.

RETENTION OF CERTAIN FORMS IN CONNECTION WITH RESTRICTED REPORTS AND UNRESTRICTED REPORTS ON SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES.
(a)

Requirement for Retention.—
Subsection (a) of section 577 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762; 10 U.S.C. 1561 note) is amended—
(1)
by striking “At the request of a member of the Armed Forces who files a Restricted Report on an incident of sexual assault involving the member, the Secretary of Defense shall” and inserting “The Secretary of Defense shall”; and
(2)
by striking “the Restricted Report” and inserting “a Restricted Report or Unrestricted Report on an incident of sexual assault involving a member of the Armed Forces”.
(b)

Conforming Amendment.—
The heading of such section is amended to read as follows:
“SEC. 577.

RETENTION OF CERTAIN FORMS IN CONNECTION WITH RESTRICTED REPORTS AND UNRESTRICTED REPORTS ON SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES”
.
SEC. 1724.

TIMELY ACCESS TO SEXUAL ASSAULT RESPONSE COORDINATORS BY MEMBERS OF THE NATIONAL GUARD AND RESERVES.
Section 584(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1433; 10 U.S.C. 1561 note) is amended—
(1)
by redesignating paragraph (2) as paragraph (3); and
(2)
by inserting after paragraph (1) the following new paragraph (2):
“(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.”
.
SEC. 1725.

QUALIFICATIONS AND SELECTION OF DEPARTMENT OF DEFENSE SEXUAL ASSAULT PREVENTION AND RESPONSE PERSONNEL AND REQUIRED AVAILABILITY OF SEXUAL ASSAULT FORENSIC EXAMINERS.
(a)

Qualifications for Assignment.—
Section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note; 124 Stat. 4431) is amended—
(1)
by redesignating subparagraph (B) as subparagraph (C); and
(2)
by striking subparagraph (A) and inserting the following new subparagraphs:
“(A)
the qualifications necessary for a member of the Armed Forces or a civilian employee of the Department of Defense to be selected for assignment to duty as a Sexual Assault Response and Prevention Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis;
“(B)
consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 1561 note; 125 Stat. 1433), the training, certification, and status of members of the Armed Forces and civilian employees of the department assigned to duty as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and”
.
(b)
[10 U.S.C. 1561 note]

Availability of Sexual Assault Forensic Examiners at Military Medical Treatment Facilities.—
(1)

Facilities with full-time emergency department.—
The Secretary of a military department shall require the assignment of at least one full-time Sexual Assault Forensic Examiner to each military medical treatment facility under the jurisdiction of that Secretary in which an emergency department operates 24 hours per day. The Secretary may assign additional Sexual Assault Forensic Examiners based on the demographics of the patients who utilize the military medical treatment facility.
(2)

Other facilities.—
In the case of a military medical treatment facility not covered by paragraph (1), the Secretary of the military department concerned shall require that a Sexual Assault Forensic Examiner be made available to a patient of the facility, consistent with the Department of Justice National Protocol for Sexual Assault Medical Forensic Examinations, Adult/Adolescent, when a determination is made regarding the patient’s need for the services of a Sexual Assault Forensic Examiner.
(c)

Report on Training, Qualifications, and Experience of Sexual Assault Prevention and Response Personnel.—
(1)

Report required.—
The Secretary shall prepare a report on the review, conducted pursuant to the Secretary of Defense Memorandum of May 17, 2013, of the adequacy of the training, qualifications, and experience of each member of the Armed Forces and civilian employee of the Department of Defense who is assigned to a position that includes responsibility for sexual assault prevention and response within the Armed Forces for the successful discharge of such responsibility.
(2)

Report elements.—
The report shall include the following:
(A)
An assessment of the adequacy of the training and certifications required for members and employees described in paragraph (1).
(B)
The number of such members and employees who did not have the training, qualifications, or experience required to successfully discharge their responsibility for sexual assault prevention and response within the Armed Forces.
(C)
The actions taken by the Secretary of Defense with respect to such members and employees who were found to lack the training, qualifications, or experience to successfully discharge such responsibility.
(D)
Such improvements as the Secretary considers appropriate in the process used to select and assign members and employees to positions that include responsibility for sexual assault prevention and response within the Armed Forces in order to ensure the highest caliber candidates are selected and assigned to such positions.
(3)

Submission.—
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit the report to the Committees on Armed Services of the Senate and the House of Representatives.
SEC. 1726.

ADDITIONAL RESPONSIBILITIES OF SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE FOR DEPARTMENT OF DEFENSE SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.
(a)

Additional Director Duties.—
Subsection (b) of section 1611 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is amended—
(1)
by striking “and” at the end of paragraph (2);
(2)
by striking the period at the end of paragraph (3) and inserting a semicolon; and
(3)
by adding at the end the following new paragraphs:
“(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.”
.
(b)

Collection and Maintenance of Data.—
Such section is further amended by adding at the end the following new subsection:
“(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.”
.
Subtitle D—

Studies, Reviews, Policies, and Reports
SEC. 1731.

INDEPENDENT REVIEWS AND ASSESSMENTS OF UNIFORM CODE OF MILITARY JUSTICE AND JUDICIAL PROCEEDINGS OF SEXUAL ASSAULT CASES.
(a)

Additional Duties for Response Systems Panel.—
(1)

Additional assessments specified.—
The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758), known as the “response systems panel”, shall conduct the following:
(A)
An assessment of the impact, if any, that removing from the chain of command any disposition authority regarding charges preferred under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), would have on overall reporting and prosecution of sexual assault cases.
(B)
An assessment regarding whether the roles, responsibilities, and authorities of Special Victims’ Counsel to provide legal assistance under section 1044e of title 10, United States Code, as added by section 1716, to victims of alleged sex-related offenses should be expanded to include legal standing to represent the victim during investigative and military justice proceedings in connection with the prosecution of the offense.
(C)
An assessment of the feasibility and appropriateness of extending to victims of crimes covered by chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the right afforded a crime victim in civilian criminal legal proceedings under subsection (a)(4) of section 3771 of title 18, United States Code, and the legal standing to seek enforcement of crime victim rights provided by subsection (d) of such section.
(D)
An assessment of the means by which the name, if known, and other necessary identifying information of an alleged offender that is collected as part of a restricted report of a sexual assault could be compiled into a protected, searchable database accessible only to military criminal investigators, Sexual Assault Response Coordinators, or other appropriate personnel only for the purposes of identifying individuals who are subjects of multiple accusations of sexual assault and encouraging victims to make an unrestricted report of sexual assault in those cases in order to facilitate increased prosecutions, particularly of serial offenders. The assessment should include an evaluation of the appropriate content to be included in the database, as well as the best means to maintain the privacy of those making a restricted report.
(E)
As part of the comparison of military and civilian systems for the investigation, prosecution, and adjudication of adult sexual assault crimes, as required by subsection (d)(1)(B) of section 576 of the National Defense Authorization Act for Fiscal Year 2013, an assessment of the opportunities for clemency provided in the military and civilian systems, the appropriateness of clemency proceedings in the military system, the manner in which clemency is used in the military system, and whether clemency in the military justice system could be reserved until the end of the military appeals process.
(F)
An assessment of whether the Department of Defense should promulgate, and ensure the understanding of and compliance with, a formal statement of what accountability, rights, and responsibilities a member of the Armed Forces has with regard to matters of sexual assault prevention and response, as a means of addressing those issues within the Armed Forces. If the response systems panel recommends such a formal statement, the response systems panel shall provide key elements or principles that should be included in the formal statement.
(2)

Submission of results.—
The response systems panel shall include the results of the assessments required by paragraph (1) in the report required by subsection (c)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013, as amended by section 1722.
(b)

Additional Duties for Judicial Proceedings Panel.—
(1)

Additional assessments specified.—
The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758), known as the “judicial proceedings panel”, shall conduct the following:
(A)
An assessment of the likely consequences of amending the definition of rape and sexual assault under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), to expressly cover a situation in which a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), commits a sexual act upon another person by abusing one’s position in the chain of command of the other person to gain access to or coerce the other person.
(B)
An assessment of the implementation and effect of section 1044e of title 10, United States Code, as added by section 1716, and make such recommendations for modification of such section 1044e as the judicial proceedings panel considers appropriate.
(C)
An assessment of the implementation and effect of the mandatory minimum sentences established by section 856(b) of title 10, United States Code (article 56(b) of the Uniform Code of Military Justice), as added by section 1705, and the appropriateness of statutorily mandated minimum sentencing provisions for additional offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).
(D)
An assessment of the adequacy of the provision of compensation and restitution for victims of offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and develop recommendations on expanding such compensation and restitution, including consideration of the options as follows:
(i)
Providing the forfeited wages of incarcerated members of the Armed Forces to victims of offenses as compensation.
(ii)
Including bodily harm among the injuries meriting compensation for redress under section 939 of title 10, United States Code (article 139 of the Uniform Code of Military Justice).
(iii)
Requiring restitution by members of the Armed Forces to victims of their offenses upon the direction of a court-martial.
(2)

Submission of results.—
The judicial proceedings panel shall include the results of the assessments required by paragraph (1) in one of the reports required by subsection (c)(2)(B) of section 576 of the National Defense Authorization Act for Fiscal Year 2013.
SEC. 1732.
[10 U.S.C. 113 note]

REVIEW AND POLICY REGARDING DEPARTMENT OF DEFENSE INVESTIGATIVE PRACTICES IN RESPONSE TO ALLEGATIONS OF UNIFORM CODE OF MILITARY JUSTICE VIOLATIONS.
(a)

Review.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the practices of the military criminal investigative organizations (Army Criminal Investigation Command, Naval Criminal Investigative Service, and Air Force Office of Special Investigation) in response to an allegation that a member of the Armed Forces has committed an offense under the Uniform Code of Military Justice, including the extent to which the military criminal investigative organizations make a recommendation regarding whether an allegation appears founded or unfounded.
(b)

Policy.—
After conducting the review required by subsection (a), the Secretary of Defense shall develop a uniform policy for the Armed Forces, to the extent practicable, regarding the use of case determinations to record the results of the investigation of an alleged violation of the Uniform Code of Military Justice. In developing the policy, the Secretary shall consider the feasibility of adopting case determination methods, such as the uniform crime report, used by nonmilitary law enforcement agencies.
SEC. 1733.

REVIEW OF TRAINING AND EDUCATION PROVIDED MEMBERS OF THE ARMED FORCES ON SEXUAL ASSAULT PREVENTION AND RESPONSE.
(a)

Review Required.—
The Secretary of Defense shall carry out a review of the adequacy of the training and education provided members of the Armed Forces on sexual assault prevention and response.
(b)

Responsive Action.—
Upon completion of the review, the Secretary of Defense shall—
(1)
identify common core elements that must be included in any training or education provided members of the Armed Forces on sexual assault prevention and response; and
(2)
recommend such other modifications of such training and education as the Secretary considers appropriate to address any inadequacies identified during the review.
(c)

Report Required.—
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review, including the common core elements identified in the review that will be included in any training or education provided members of the Armed Forces on sexual assault prevention and response.
SEC. 1734.

REPORT ON IMPLEMENTATION OF DEPARTMENT OF DEFENSE POLICY ON THE RETENTION OF AND ACCESS TO EVIDENCE AND RECORDS RELATING TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.
(a)

Review of Evidence and Records Retention and Access Policy.—
The Secretary of Defense shall conduct a review of the progress made in developing and implementing the comprehensive policy on the retention of and access to evidence and records relating to sexual assaults involving members of the Armed Forces, which was required by section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1434; 10 U.S.C. 1561 note).
(b)

Report Required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review. In the report, the Secretary shall explain how the Secretary has addressed each of the matters listed in paragraphs (1) through (11) of subsection (c) of section 586 of the National Defense Authorization Act for Fiscal Year 2012 that, at a minimum, were required to be considered in the development of the policy.
SEC. 1735.

REVIEW OF THE OFFICE OF DIVERSITY MANAGEMENT AND EQUAL OPPORTUNITY ROLE IN SEXUAL HARASSMENT CASES.
(a)

Review Required.—
The Secretary of Defense shall conduct a review of the Office of Diversity Management and Equal Opportunity for the purposes specified in subsection (b).
(b)

Elements of Study.—
In conducting the review under subsection (a), the Secretary of Defense shall—
(1)
determine whether sexual harassment cases should be evaluated or addressed within the Office of Diversity Management and Equal Opportunity;
(2)
identify and evaluate how the Office of Diversity Management and Equal Opportunity works with the Sexual Assault Prevention and Response Office to address sexual harassment in the Armed Forces and the current role of the Office of Diversity Management and Equal Opportunity in sexual harassment cases;
(3)
identify and evaluate the resource and personnel gaps, if any, in the Office of Diversity Management and Equal Opportunity to adequately address sexual harassment cases; and
(4)
identify and assess the capability of the Office of Diversity Management and Equal Opportunity to track incidences of sexual harassment cases.
(c)

Definition.—
In this section, the term “sexual harassment” has the meaning given such term in Department of Defense Directive 1350.2, Department of Defense Military Equal Opportunity Program.
Subtitle E—

Other Matters
SEC. 1741.

ENHANCED PROTECTIONS FOR PROSPECTIVE MEMBERS AND NEW MEMBERS OF THE ARMED FORCES DURING ENTRY-LEVEL PROCESSING AND TRAINING.
(a)

Defining Inappropriate and Prohibited Relationships, Communication, Conduct, and Contact Between Certain Members.—
(1)

Policy required.—
The Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating shall maintain a policy that defines and prescribes, for the persons described in paragraph (2), what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between a member of the Armed Forces described in paragraph (2)(A) and a prospective member or member of the Armed Forces described in paragraph (2)(B).
(2)

Covered members.—
The policy required by paragraph (1) shall apply to—
(A)
a member of the Armed Forces who exercises authority or control over, or supervises, a person described in subparagraph (B) during the entry-level processing or training of the person; and
(B)
a prospective member of the Armed Forces or a member of the Armed Forces undergoing entry-level processing or training.
(3)

Inclusion of certain members required.—
The members of the Armed Forces covered by paragraph (2)(A) shall include, at a minimum, military personnel assigned or attached to duty—
(A)
for the purpose of recruiting or assessing persons for enlistment or appointment as a commissioned officer, warrant officer, or enlisted member of the Armed Forces;
(B)
at a Military Entrance Processing Station; or
(C)
at an entry-level training facility or school of an Armed Force.
(b)

Effect of Violations.—
A member of the Armed Forces who violates the policy required by subsection (a) shall be subject to prosecution under the Uniform Code of Military Justice.
(c)

Processing for Administrative Separation.—
(1)

In general.—
(A)
The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall require the processing for administrative separation of any member of the Armed Forces described in subsection (a)(2)(A) in response to the first substantiated violation by the member of the policy required by subsection (a), when the member is not otherwise punitively discharged or dismissed from the Armed Forces for that violation.
(B)
The Secretary of a military department shall revise regulations applicable to the Armed Forces under the jurisdiction of that Secretary as necessary to ensure compliance with the requirement under subparagraph (A).
(2)

Required elements.—
(A)
In imposing the requirement under paragraph (1), the Secretaries shall ensure that any separation decision regarding a member of the Armed Forces is based on the full facts of the case and that due process procedures are provided under existing law or regulations or additionally prescribed, as considered necessary by the Secretaries, pursuant to subsection (f).
(B)
The requirement imposed by paragraph (1) shall not be interpreted to limit or alter the authority of the Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating to process members of the Armed Forces for administrative separation—
(i)
for reasons other than a substantiated violation of the policy required by subsection (a); or
(ii)
under other provisions of law or regulation.
(3)

Substantiated violation.—
For purposes of paragraph (1), a violation by a member of the Armed Forces described in subsection (a)(2)(A) of the policy required by subsection (a) shall be treated as substantiated if—
(A)
there has been a court-martial conviction for violation of the policy, but the adjudged sentence does not include discharge or dismissal; or
(B)
a nonjudicial punishment authority under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), has determined that a member has committed an offense in violation of the policy and imposed nonjudicial punishment upon the member.
(d)

Report on Need for UCMJ Punitive Article.—
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the recommendations of the Secretary regarding the need to amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to create an additional article under subchapter X of such chapter to address violations of the policy required by subsection (a).
(e)

Definitions.—
In this section:
(1)
The term “entry-level processing or training”, with respect to a member of the Armed Forces, means the period beginning on the date on which the member became a member of the Armed Forces and ending on the date on which the member physically arrives at that member’s first duty assignment following completion of initial entry training (or its equivalent), as defined by the Secretary of the military department concerned or the Secretary of the Department in which the Coast Guard is operating.
(2)
The term “prospective member of the Armed Forces” means a person who is pursuing or has recently pursued becoming a member of the Armed Forces and who has had a face-to-face meeting with a member of the Armed Forces assigned or attached to duty described in subsection (a)(3)(A) regarding becoming a member of the Armed Forces, regardless of whether the person eventually becomes a member of the Armed Forces.
(f)

Regulations.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall issue such regulations as may be necessary to carry out this section. The Secretary of Defense shall ensure that, to the extent practicable, the regulations are uniform for each armed force under the jurisdiction of that Secretary.
SEC. 1742.
[10 U.S.C. 1561 note]

COMMANDING OFFICER ACTION ON REPORTS ON SEXUAL OFFENSES INVOLVING MEMBERS OF THE ARMED FORCES.
(a)

Immediate Action Required.—
A commanding officer who receives a report of a sex-related offense involving a member of the Armed Forces in the chain of command of such officer shall act upon the report in accordance with subsection (b) immediately after receipt of the report by the commanding officer.
(b)

Action Required.—
The action required by this subsection with respect to a report described in subsection (a) is the referral of the report to the military criminal investigation organization with responsibility for investigating that offense of the military department concerned or such other investigation service of the military department concerned as the Secretary of the military department concerned may specify for purposes of this section.
SEC. 1743.
[10 U.S.C. 1561 note]

EIGHT-DAY INCIDENT REPORTING REQUIREMENT IN RESPONSE TO UNRESTRICTED REPORT OF SEXUAL ASSAULT IN WHICH THE VICTIM IS A MEMBER OF THE ARMED FORCES.
(a)

Incident Reporting Policy Requirement.—
The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall establish and maintain a policy to require the submission by a designated person of a written incident report not later than eight days after an unrestricted report of sexual assault has been made in which a member of the Armed Forces is the victim. At a minimum, this incident report shall be provided to the following:
(1)
The installation commander, if such incident occurred on or in the vicinity of a military installation.
(2)
The first officer in the grade of 0-6, and the first general officer or flag officer, in the chain of command of the victim.
(3)
The first officer in the grade of 0-6, and the first general officer or flag officer, in the chain of command of the alleged offender if the alleged offender is a member of the Armed Forces.
(b)

Purpose of Report.—
The purpose of the required incident report under subsection (a) is to detail the actions taken or in progress to provide the necessary care and support to the victim of the assault, to refer the allegation of sexual assault to the appropriate investigatory agency, and to provide initial notification of the serious incident when that notification has not already taken place.
(c)

Elements of Report.—
(1)

In general.—
The report of an incident under subsection (a) shall include, at a minimum, the following:
(A)
Time/Date/Location of the alleged incident.
(B)
Type of offense alleged.
(C)
Service affiliation, assigned unit, and location of the victim.
(D)
Service affiliation, assigned unit, and location of the alleged offender, including information regarding whether the alleged offender has been temporarily transferred or removed from an assigned billet or ordered to pretrial confinement or otherwise restricted, if applicable.
(E)
Post-incident actions taken in connection with the incident, including the following:
(i)
Referral of the victim to a Sexual Assault Response Coordinator for referral to services available to members of the Armed Forces who are victims of sexual assault, including the date of each such referral.
(ii)
Notification of incident to appropriate military criminal investigative organization, including the organization notified and date of such notification.
(iii)
Receipt and processing status of a request for expedited victim transfer, if applicable.
(iv)
Issuance of any military protective orders in connection with the incident.
(2)

Modification.—
(A)

In general.—
The Secretary of Defense may modify the elements required in a report under this section regarding an incident involving a member of the Armed Forces (including the Coast Guard when it is operating as service in the Department of the Navy) if the Secretary determines that such modification will facilitate compliance with best practices for such reporting as identified by the Sexual Assault Prevention and Response Office of the Department of Defense.
(B)

Coast guard.—
The Secretary of the Department in which the Coast Guard is operating may modify the elements required in a report under this section regarding an incident involving a member of the Coast Guard if the Secretary determines that such modification will facilitate compliance with best practices for such reporting as identified by the Coast Guard Office of Work-Life Programs.
(d)

Regulations.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.
SEC. 1744.
[10 U.S.C. 834 note]

REVIEW OF DECISIONS NOT TO REFER CHARGES OF CERTAIN SEX-RELATED OFFENSES FOR TRIAL BY COURT-MARTIAL.
(a)

Review Required.—
(1)

In general.—
The Secretary of Defense shall require the Secretaries of the military departments to provide for review of decisions not to refer charges for trial by court-martial in cases where a sex-related offense has been alleged by a victim of the alleged offense.
(2)

Specific review requirements.—
As part of a review conducted pursuant to paragraph (1), the Secretary of a military department shall require that—
(A)
consideration be given to the victim’s statement provided during the course of the criminal investigation regarding the alleged sex-related offense perpetrated against the victim; and
(B)
a determination be made whether the victim’s statement and views concerning disposition of the alleged sex-related offense were considered by the convening authority in making the referral decision.
(b)

Sex-related Offense Defined.—
In this section, the term “sex-related offense” means any of the following:
(1)
Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice).
(2)
Forcible sodomy under section 925 of such title (article 125 of the Uniform Code of Military Justice).
(3)
An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).
(c)

Review of Certain Cases Not Referred to Court-martial.—
(1)

Cases not referred following staff judge advocate recommendation for referral for trial.—
In any case where a staff judge advocate, pursuant to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), recommends that charges of a sex-related offense be referred for trial by court-martial and the convening authority decides not to refer any charges to a court-martial, the convening authority shall forward the case file to the Secretary of the military department concerned for review as a superior authorized to exercise general court-martial convening authority.
(2)

Cases not referred by convening authority upon request for review by chief prosecutor.—
(A)

In general.—
In any case where a convening authority decides not to refer a charge of a sex-related offense to trial by court-martial, the Secretary of the military department concerned shall review the decision as a superior authority authorized to exercise general court-martial convening authority if the chief prosecutor of the Armed Force concerned, in response to a request by the detailed counsel for the Government, requests review of the decision by the Secretary.
(B)

Chief prosecutor defined.—
In this paragraph, the term “chief prosecutor” means the chief prosecutor or equivalent position of an Armed Force, or, if an Armed Force does not have a chief prosecutor or equivalent position, such other trial counsel as shall be designated by the Judge Advocate General of that Armed Force, or in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps.
(d)

Review of Cases Not Referred to Court-martial Following Staff Judge Advocate Recommendation Not to Refer for Trial.—
In any case where a staff judge advocate, pursuant to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), recommends that charges of a sex-related offense should not be referred for trial by court-martial and the convening authority decides not to refer any charges to a court-martial, the convening authority shall forward the case file for review to the next superior commander authorized to exercise general court-martial convening authority.
(e)

Elements of Case File.—
A case file forwarded to higher authority for review pursuant to subsection (c) or (d) shall include the following:
(1)
All charges and specifications preferred under section 830 of title 10, United States Code (article 30 of the Uniform Code of Military Justice).
(2)
All reports of investigations of such charges, including the military criminal investigative organization investigation report and the report prepared under section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), as amended by section 1702.
(3)
A certification that the victim of the alleged sex-related offense was notified of the opportunity to express views on the victim’s preferred disposition of the alleged offense for consideration by the convening authority.
(4)
All statements of the victim provided to the military criminal investigative organization and to the victim’s chain of command relating to the alleged sex-related offense and any statement provided by the victim to the convening authority expressing the victim’s view on the victim’s preferred disposition of the alleged offense.
(5)
The written advice of the staff judge advocate to the convening authority pursuant to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice).
(6)
A written statement explaining the reasons for the convening authority’s decision not to refer any charges for trial by court-martial.
(7)
A certification that the victim of the alleged sex-related offense was informed of the convening authority’s decision to forward the case as provided in subsection (c) or (d).
(f)

Notice on Results or Review.—
The victim of the alleged sex-related offense shall be notified of the results of the review conducted under subsection (c) or (d) in the manner prescribed by the victims and witness assistance program of the Armed Force concerned.
(g)

Victim Allegation of Sex-related Offense.—
The Secretary of Defense shall require the Secretaries of the military departments to develop a system to ensure that a victim of a possible sex-related offense under the Uniform Code of Military Justice is given the opportunity to state, either at the time of making an unrestricted report of the allegation or during the criminal investigation of the allegation, whether or not the victim believes that the offense alleged is a sex-related offense subject to the requirements of this section.
SEC. 1745.
[10 U.S.C. 1561 note]

INCLUSION AND COMMAND REVIEW OF INFORMATION ON SEX-RELATED OFFENSES IN PERSONNEL SERVICE RECORDS OF MEMBERS OF THE ARMED FORCES.
(a)

Information on Reports on Sex-Related Offenses.—
(1)

In general.—
If a complaint of a sex-related offense is made against a member of the Armed Forces and the member is convicted by court-martial or receives non-judicial punishment or punitive administrative action for such sex-related offense, a notation to that effect shall be placed in the personnel service record of the member, regardless of the member’s grade.
(2)

Purpose.—
The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert commanders to the members of their command who have received courts-martial conviction, non-judicial punishment, or punitive administrative action for sex-related offenses in order to reduce the likelihood that repeat offenses will escape the notice of commanders.
(b)

Limitation on Placement.—
A notation under subsection (a) may not be placed in the restricted section of the personnel service record of a member.
(c)

Construction.—
Nothing in subsection (a) or (b) may be construed to prohibit or limit the capacity of a member of the Armed Forces to challenge or appeal the placement of a notation, or location of placement of a notation, in the member’s personnel service record in accordance with procedures otherwise applicable to such challenges or appeals.
(d)

Command Review of History of Sex-Related Offenses of Members Upon Assignment or Transfer to New Unit.—
(1)

Review required.—
Under uniform regulations prescribed by the Secretary of Defense, the commanding officer of a facility, installation, or unit to which a member of the Armed Forces described in paragraph (2) is permanently assigned or transferred shall review the history of sex-related offenses as documented in the personnel service record of the member in order to familiarize such officer with such history of the member.
(2)

Covered members.—
A member of the Armed Forces described in this paragraph is a member of the Armed Forces who, at the time of assignment or transfer as described in paragraph (1), has a history of one or more sex-related offenses as documented in the personnel service record of such member or such other records or files as the Secretary shall specify in the regulations prescribed under paragraph (1).
SEC. 1746.
[10 U.S.C. 4361 note]

PREVENTION OF SEXUAL ASSAULT AT MILITARY SERVICE ACADEMIES.
The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy include a section in the curricula of that military service academy that outlines honor, respect, and character development as such pertain to the issue of preventing sexual assault in the Armed Forces. Such curricula section shall include a brief history of the problem of sexual assault in the Armed Forces, a definition of sexual assault, information relating to reporting a sexual assault, victims’ rights, and dismissal and dishonorable discharge for offenders. Training in such section in the curricula shall be provided within 14 days after the initial arrival of a new cadet or midshipman at that military service academy and repeated annually thereafter.
SEC. 1747.
[10 U.S.C. 1564 note]

REQUIRED NOTIFICATION WHENEVER MEMBERS OF THE ARMED FORCES ARE COMPLETING STANDARD FORM 86 OF THE QUESTIONNAIRE FOR NATIONAL SECURITY POSITIONS.
(a)

Notification of Policy.—
Whenever a member of the Armed Forces is required to complete Standard Form 86 of the Questionnaire for National Security Positions in connection with an application, investigation, or reinvestigation for a security clearance, the member shall be notified of the policy described in subsection (b) regarding question 21 of such form.
(b)

Policy Described.—
The policy referred to in subsection (a) is the policy of instructing an individual to answer “no” to question 21 of Standard Form 86 of the Questionnaire for National Security Positions with respect to consultation with a health care professional if—
(1)
the individual is a victim of a sexual assault; and
(2)
the consultation occurred with respect to an emotional or mental health condition strictly in relation to the sexual assault.
Subtitle F—

Sense of Congress Provisions
SEC. 1751.

SENSE OF CONGRESS ON COMMANDING OFFICER RESPONSIBILITY FOR COMMAND CLIMATE FREE OF RETALIATION.
It is the sense of Congress that—
(1)
commanding officers in the Armed Forces are responsible for establishing a command climate in which sexual assault allegations are properly managed and fairly evaluated and in which a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command;
(2)
the failure of commanding officers to maintain such a command climate is an appropriate basis for relief from their command positions; and
(3)
senior officers should evaluate subordinate commanding officers on their performance in establishing a command climate as described in paragraph (1) during the regular periodic counseling and performance appraisal process prescribed by the Armed Force concerned for inclusion in the systems of records maintained and used for assignment and promotion selection boards.
SEC. 1752.

SENSE OF CONGRESS ON DISPOSITION OF CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE THROUGH COURTS-MARTIAL.
(a)

Sense of Congress.—
It is the sense of Congress that—
(1)
any charge regarding an offense specified in subsection (b) should be disposed of by court-martial, rather than by non-judicial punishment or administrative action; and
(2)
in the case of any charge regarding an offense specified in subsection (b) that is disposed of by non-judicial punishment or administrative action, rather than by court-martial, the disposition authority should include in the case file a justification for the disposition of the charge by non-judicial punishment or administrative action, rather than by court-martial.
(b)

Covered Offenses.—
An offense specified in this subsection is any of the following offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice):
(1)
Rape or sexual assault under subsection (a) or (b) of section 920 of such title (article 120 of the Uniform Code of Military Justice).
(2)
Forcible sodomy under section 925 of such title (article 125 of the Uniform Code of Military Justice).
(3)
An attempt to commit an offense specified in paragraph (1) or (2), as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).
SEC. 1753.

SENSE OF CONGRESS ON THE DISCHARGE IN LIEU OF COURT-MARTIAL OF MEMBERS OF THE ARMED FORCES WHO COMMIT SEX-RELATED OFFENSES.
It is the sense of Congress that—
(1)
the Armed Forces should be exceedingly sparing in discharging in lieu of court-martial members of the Armed Forces who have committed rape, sexual assault, forcible sodomy, or attempts to commit such offenses, and should do so only when the facts of the case clearly warrant such discharge;
(2)
whenever possible, the victims of offenses referred to in paragraph (1) shall be consulted prior to the determination regarding whether to discharge the members who committed such offenses;
(3)
convening authorities should consider the views of victims of offenses referred to in paragraph (1) when determining whether to discharge the members who committed such offenses in lieu of trying such members by court-martial; and
(4)
the discharge of any member who is discharged as described in paragraph (1) should be characterized as Other Than Honorable.
DIVISION B—

MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001.

SHORT TITLE.
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2014”.
SEC. 2002.

EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.
(a)

Expiration of Authorizations After Three Years.—
Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
(1)
October 1, 2016; or
(2)
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2017.
(b)

Exception.—
Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
(1)
October 1, 2016; or
(2)
the date of the enactment of an Act authorizing funds for fiscal year 2017 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
TITLE XXI—

ARMY MILITARY CONSTRUCTION
Sec. 2101.
Authorized Army construction and land acquisition projects.
Sec. 2102.
Family housing.
Sec. 2103.
Authorization of appropriations, Army.
Sec. 2104.
Limitation on construction of cadet barracks at United States Military Academy, New York.
Sec. 2105.
Additional authority to carry out certain fiscal year 2004 project.
Sec. 2106.
Modification of authority to carry out certain fiscal year 2010 project.
Sec. 2107.
Modification of authority to carry out certain fiscal year 2011 project.
Sec. 2108.
Extension of authorizations of certain fiscal year 2010 projects.
Sec. 2109.
Extension of authorizations of certain fiscal year 2011 projects.
SEC. 2101.

AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a)

Inside the United States.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Army: Inside the United States
State | Installation or Location | Amount
Alaska | Fort Wainwright | $103,000,000
Colorado | Fort Carson, Colorado | $242,200,000
Florida | Eglin Air Force Base | $4,700,000
Georgia | Fort Gordon | $61,000,000
Hawaii | Fort Shafter | $70,000,000
Kansas | Fort Leavenworth | $17,000,000
Kentucky | Fort Campbell, Kentucky | $4,800,000
Maryland | Aberdeen Proving Ground | $21,000,000
| Fort Detrick | $7,100,000
Missouri | Fort Leonard Wood | $90,700,000
North Carolina | Fort Bragg | $5,900,000
Texas | Fort Bliss | $46,800,000
Virginia | Joint Base Langley-Eustis | $50,000,000
Washington | Joint Base Lewis-McChord | $144,000,000
| Yakima | $9,100,00
(b)

Outside the United States.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out the military construction project for the installations or locations outside the United States, and in the amount, set forth in the following table:
Army: Outside the United States
Country | Installation or Location | Amount
Japan | Kyoga-Misaki | $33,000,000
Marshall Islands | Kwajalein Atoll | $63,000,000
SEC. 2102.

FAMILY HOUSING.
(a)

Construction and Acquisition.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
Army: Family Housing
Country | Installation | Units | Amount
Germany | South Camp Vilseck | 29 | $16,600,000
Wisconsin | Fort McCoy | 56 | $23,000,000
(b)

Planning and Design.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,408,000.
SEC. 2103.

AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a)

Authorization of Appropriations.—
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
(b)

Limitation on Total Cost of Construction Projects.—
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of the following:
(1)
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
(2)
$64,000,000 (the balance of the amount authorized under section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2119) for cadet barracks increment 2 at the United States Military Academy, New York).
SEC. 2104.

LIMITATION ON CONSTRUCTION OF CADET BARRACKS AT UNITED STATES MILITARY ACADEMY, NEW YORK.
No amounts may be obligated or expended for the construction of increment 2 of the Cadet Barracks at the United States Military Academy, New York, as authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2119), until the Secretary of the Army certifies to the congressional defense committees that the Secretary intends to award a contract for the renovation of MacArthur Short Barracks at the United States Military Academy concurrent with assuming beneficial occupancy of the renovated Scott Barracks at the United States Military Academy.
SEC. 2105.

ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2004 PROJECT.
(a)

Project Authorization.—
In connection with the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of a Research and Development Loading Facility, the Secretary of the Army may carry out a military construction project in the amount of $4,500,000 to complete work on the facility within the initial scope of the project.
(b)

Congressional Notification.—
The Secretary of the Army shall provide information in accordance with section 2851(c) of title 10, United States Code, regarding the project described in subsection (a).
SEC. 2106.

MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2010 PROJECT.
In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2629) for Camp Arifjan, Kuwait, for construction of APS Warehouses, the Secretary of the Army may construct up to 74,976 square meters of hardstand parking, 22,741 square meters of access roads, a 6 megawatt power plant, and 50,724 square meters of humidity-controlled warehouses.
SEC. 2107.

MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2011 PROJECT.
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4437) for Fort Lewis, Washington, for construction of a Regional Logistic Support Complex at the installation, the Secretary of the Army may construct up to 98,381 square yards of Organizational Vehicle Parking.
SEC. 2108.

EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2010 PROJECTS.
(a)

Extensions.—
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2627), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (126 Stat. 2628) and extended by section 2106 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2121), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
(b)

Table.—
The table referred to in subsection (a) is as follows:
Army: Extension of 2010 Project Authorizations
State | Installation or Location | Project | Amount
Virginia | Fort Belvoir | Road and Access Control Point | $9,500,000
Washington | Fort Lewis | Fort Lewis-McChord AFB Joint Access | $9,000,000
Kuwait | Camp Arifjian | APS Warehouses | $82,000,000
SEC. 2109.

EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2011 PROJECTS.
(a)

Extensions.—
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (124 Stat. 4437), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
(b)

Table.—
The table referred to in subsection (a) is as follows:
Army: Extension of 2011 Project Authorizations
State | Installation or Location | Project | Amount
California | Presidio of Monterey | Advanced Individual Training Barracks | $63,000,000
Georgia | Fort Benning | Land Acquisition | $12,200,000
New Mexico | White Sands Missile Range | Barracks | $29,000,000
Germany | Wiesbaden Air Base | Access Control Point | $5,100,000
TITLE XXII—

NAVY MILITARY CONSTRUCTION
Sec. 2201.
Authorized Navy construction and land acquisition projects.
Sec. 2202.
Family housing.
Sec. 2203.
Improvements to military family housing units.
Sec. 2204.
Authorization of appropriations, Navy.
Sec. 2205.
Modification of authority to carry out certain fiscal year 2011 project.
Sec. 2206.
Modification of authority to carry out certain fiscal year 2012 project.
Sec. 2207.
Extension of authorizations of certain fiscal year 2011 projects.
SEC. 2201.

AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a)

Inside the United States.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2204 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
State | Installation or Location | Amount
California | Barstow | $14,998,000
| Camp Pendleton | $13,124,000
| Coronado | $8,910,000
| Point Mugu | $24,667,000
| Port Hueneme | $33,600,000
| San Diego | $34,331,000
| Twentynine Palms | $33,437,000
Florida | Jacksonville | $20,752,000
| Key West | $14,001,000
| Mayport | $16,093,000
Georgia | Albany | $16,610,000
| Savannah | $61,717,000
Guam | Joint Region Marianas | $318,377,000
Hawaii | Kaneohe Bay | $236,982,000
| Pearl City | $30,100,000
| Pearl Harbor | $57,998,000
Illinois | Great Lakes | $35,851,000
Maine | Bangor | $13,800,000
| Kittery | $11,522,000
Maryland | Fort Meade | $83,988,000
Nevada | Fallon | $11,334,000
North Carolina | Camp Lejeune | $77,999,000
| New River | $45,863,000
Oklahoma | Tinker Air Force Base | $14,144,000
Rhode Island | Newport | $12,422,000
South Carolina | Charleston | $73,932,000
Virginia | Dam Neck | $10,587,000
| Norfolk | $3,380,000
| Quantico | $38,374,000
| Yorktown | $18,700,000
Washington | Bremerton | $18,189,000
| Whidbey Island | $117,649,000
(b)

Outside the United States.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2204 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
Country | Installation or Location | Amount
Djibouti | Camp Lemonier | $29,000,000
Japan | Camp Butler | $5,820,000
| Yokosuka | $7,568,000
SEC. 2202.

FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of appropriations in section 2204 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,438,000.
SEC. 2203.

IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $68,969,000.
SEC. 2204.

AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a)

Authorization of Appropriations.—
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
(b)

Limitation on Total Cost of Construction Projects.—
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act and the projects described in paragraphs (2) and (3) of this subsection may not exceed the sum of the following:
(1)
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
(2)
$357,877,000 (the balance of the amount authorized under section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1666) for an explosive handling wharf at Kitsap, Washington).
(3)
$68,196,000 (the balance of the amount authorized under section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2633) for ramp parking at Joint Region Marianas, Guam).
SEC. 2205.

MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2011 PROJECT.
In the case of the authorization contained in the table in section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4441) for Southwest Asia, Bahrain, for construction of Navy Central Command Ammunition Magazines, the Secretary of the Navy may construct additional Type C earth covered magazines (to provide a project total of eighteen), ten new modular storage magazines, an inert storage facility, a maintenance and ground support equipment facility, concrete pads for portable ready service lockers, and associated supporting facilities using appropriations available for the project.
SEC. 2206.

MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2012 PROJECT.
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1666) for Kitsap, Washington, for construction of Explosives Handling Wharf No. 2, the Secretary of the Navy may construct new hardened facilities in lieu of hardening existing structures and a new facility to replace the existing Coast Guard Maritime Force Protection Unit and the Naval Undersea Warfare Command unhardened facilities using appropriations available for the project.
SEC. 2207.

EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2011 PROJECTS.
(a)

Extension.—
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
(b)

Table.—
The table referred to in subsection (a) is as follows:
Navy: Extension of 2011 Project Authorizations
State/Country | Installation or Location | Project | Amount
Bahrain | Southwest Asia | Navy Central Command Ammunition Magazines | $89,280,000
Guam | Naval Activities, Guam | Defense Access Roads Improvements | $66,730,000
TITLE XXIII—

AIR FORCE MILITARY CONSTRUCTION
Sec. 2301.
Authorized Air Force construction and land acquisition projects.
Sec. 2302.
Family housing.
Sec. 2303.
Improvements to military family housing units.
Sec. 2304.
Authorization of appropriations, Air Force.
Sec. 2305.
Limitation on project authorization to carry out certain fiscal year 2014 project.
Sec. 2306.
Modification of authority to carry out certain fiscal year 2013 project.
Sec. 2307.
Extension of authorization of certain fiscal year 2011 project.
SEC. 2301.

AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a)

Inside the United States.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2304 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
State | Installation or Location | Amount
Arizona | Luke Air Force Base | $26,900,000
California | Beale Air Force Base | $62,000,000
Florida | Tyndall Air Force Base | $9,100,000
Guam | Joint Region Marianas | $176,230,000
Hawaii | Joint Base Pearl Harbor-Hickam | $4,800,000
Kansas | McConnell Air Force Base | $219,120,000
Kentucky | Fort Campbell | $8,000,000
Mariana Islands | Saipan | $29,300,000
Maryland | Fort Meade | $358,000,000
| Joint Base Andrews | $30,000,000
Missouri | Whiteman Air Force Base | $5,900,000
New Mexico | Cannon Air Force Base | $34,100,000
| Holloman Air Force Base | $2,250,000
| Kirtland Air Force Base | $30,500,000
Nevada | Nellis Air Force Base | $78,500,000
North Dakota | Minot Air Force Base | $23,830,000
Oklahoma | Altus Air Force Base | $30,850,000
| Tinker Air Force Base | $8,600,000
Texas | Fort Bliss | $3,350,000
Utah | Hill Air Force Base | $32,000,000
Virginia | Joint Base Langley-Eustis | $4,800,000
(b)

Outside the United States.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2304 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Air Force: Outside the United States
Country | Installation | Amount
Greenland | Thule AB | $43,904,000
United Kingdom | RAF Lakenheath | $22,047,000
SEC. 2302.

FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of appropriations in section 2304 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,267,000.
SEC. 2303.

IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $72,093,000.
SEC. 2304.

AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a)

Authorization of Appropriations.—
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
(b)

Limitation on Total Cost of Construction Projects.—
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act and the project described in paragraph (2) of this subsection may not exceed the sum of the following:
(1)
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
(2)
$69,000,000 (the balance of the amount authorized under section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1670) for the United States Strategic Command Headquarters at Offutt Air Force Base, Nebraska).
SEC. 2305.

LIMITATION ON PROJECT AUTHORIZATION TO CARRY OUT CERTAIN FISCAL YEAR 2014 PROJECT.
No amounts may be obligated or expended for the construction of a maintenance facility, a hazardous cargo pad, or an airport storage facility in the Commonwealth of the Northern Mariana Islands, as authorized by section 2301(a), until the Secretary of the Air Force submits a report to the congressional defense committees that provides—
(1)
a summary of alternatives considered to support divert-field operations associated with Andersen Air Force Base;
(2)
a description of the overall construction requirements to support divert-field operations associated with Andersen Air Force Base and any other alternative considered; and
(3)
a comparison of the costs and benefits of leasing, as compared to purchasing real estate in fee, that supports the entirety of the divert-field requirement.
SEC. 2306.

MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2013 PROJECT.
The table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2126) is amended in the item relating to Andersen Air Force Base, Guam, for construction of a hangar by striking “$58,000,000” in the amount column and inserting “$128,000,000”.
SEC. 2307.

EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2011 PROJECT.
(a)

Extension.—
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
(b)

Table.—
The table referred to in subsection (a) is as follows:
Air Force: Extension of 2011 Project Authorization
State | Installation or Location | Project | Amount
Bahrain | Southwest Asia | North Apron Expansion | $45,000,000
TITLE XXIV—

DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A—
Defense Agency Authorizations
Sec. 2401.
Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402.
Authorized energy conservation projects.
Sec. 2403.
Authorization of appropriations, Defense Agencies.
Subtitle B—
Chemical Demilitarization Authorizations
Sec. 2411.
Authorization of appropriations, chemical demilitarization construction, defense-wide.
Subtitle A—

Defense Agency Authorizations
SEC. 2401.

AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a)

Inside the United States.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
State | Installation or Location | Amount
Alaska | Clear Air Force Base | $17,204,000
| Fort Greely | $82,000,000
California | Brawley | $23,095,000
| Defense Distribution Depot-Tracy | $37,554,000
| Miramar | $6,000,000
Colorado | Fort Carson | $22,282,000
Florida | Hurlburt Field | $7,900,000
| Jacksonville | $7,500,000
| Key West | $3,600,000
| Panama City | $2,600,000
| Tyndall Air Force Base | $9,500,000
Georgia | Fort Benning | $43,335,000
| Fort Stewart | $44,504,000
| Hunter Army Airfield | $13,500,000
| Moody Air Force Base | $3,800,000
Hawaii | Ford Island | $2,615,000
| Joint Base Pearl Harbor-Hickam | $2,800,000
Kentucky | Fort Campbell | $124,211,000
| Fort Knox | $303,023,000
Maryland | Aberdeen Proving Ground | $210,000,000
| Bethesda Naval Hospital | $66,800,000
Massachusetts | Hanscom Air Force Base | $36,213,000
New Jersey | Joint Base Mcguire-Dix-Lakehurst | $10,000,000
New Mexico | Holloman Air Force Base | $81,400,000
North Carolina | Camp Lejeune | $43,377,000
| Fort Bragg | $172,065,000
North Dakota | Minot Air Force Base | $6,400,000
Oklahoma | Altus Air Force Base | $2,100,000
| Tinker Air Force Base | $36,000,000
Pennsylvania | Defense Distribution Depot New Cumberland | $9,000,000
South Carolina | Beaufort | $41,324,000
Tennessee | Arnold Air Force Base | $2,200,000
Texas | Joint Base San Antonio | $12,600,000
Virginia | Dam Neck | $11,147,000
| Defense Distribution Depot Richmond | $87,000,000
| Joint Expeditionary Base Little Creek - Story | $30,404,000
| Pentagon | $57,600,000
| Quantico | $40,586,000
Washington | Whidbey Island | $10,000,000
(b)

Outside the United States.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
Country | Installation or Location | Amount
Bahrain Island | Southwest Asia | $45,400,000
Belgium | Brussels | $67,613,000
Germany | Kaiserlautern Air Base | $49,907,000
| Ramstein Air Base | $98,762,000
| Weisbaden | $109,655,000
Japan | Atsugi | $4,100,000
| Iwakuni | $34,000,000
| Kadena Air Base | $38,792,000
| Kyoga-Misaki | $15,000,000
| Torri Commo Station | $71,451,000
| Yokosuka | $10,600,000
Korea | Camp Walker | $52,164,000
United Kingdom | Royal Air Force Lakenheath | $69,638,000
| Royal Air Force Mildenhall | $84,629,000
SEC. 2402.

AUTHORIZED ENERGY CONSERVATION PROJECTS.
(a)

Inside the United States.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for energy conservation projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Energy Conservation Projects: Inside the United States
State | Installation or Location | Amount
Alabama | Anniston Army Depot | $2,700,000
California | MCAS Miramar | $17,968,000
| Parks DRTA | $4,150,000
Florida | NAS Jacksonville | $2,840,000
Hawaii | Camp Smith | $7,966,000
| Hickam | $3,100,000
| Hickam | $3,000,000
Idaho | Mountain Home | $2,630,000
Kansas | Tokepka Readiness Center | $2,050,000
Massachusetts | Devens | $2,600,000
New York | US Military Academy | $3,200,000
South Carolina | Shaw | $2,500,000
Texas | NAS Corpus Christi | $2,340,000
| Sheppard | $3,779,000
| Laughlin | $2,800,000
Utah | Dugway Proving Ground | $9,966,000
| Tooele Army Depot | $5,900,000
| Tooele Army Depot | $5,500,000
| Tooele Army Depot | $4,300,000
Virginia | NSA Hampton Roads | $4,060,000
| Pentagon | $2,120,000
Various Locations | Various Locations | $20,476,000
(b)

Outside the United States.—
Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for energy conservation projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Energy Conservation Projects: Outside the United States
Country | Installation or Location | Amount
Germany | Ramstein | $2,140,000
Greenland | Thule | $5,175,000
Italy | NAS Sigonella | $3,300,000
Japan | CFA Sasebo | $14,766,000
| Yokota | $5,674,000
Various Locations | Various Locations | $3,000,000
SEC. 2403.

AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a)

Authorization of Appropriations.—
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
(b)

Limitation on Total Cost of Construction Projects.—
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act and the projects described in paragraphs (2) through (11) of this subsection may not exceed the sum of the following:
(1)
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
(2)
$190,000,000 (the balance of the amount authorized under section 2401(a) for an Ambulatory Care Center at Fort Knox, Kentucky).
(3)
$135,000,000 (the balance of the amount authorized under section 2401(a) for a Public Health Command, Aberdeen Proving Ground, Maryland).
(4)
$45,600,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2128) for NSAW Recapitalize Building #1 at Fort Meade, Maryland).
(5)
$20,800,000 (the balance of the amount authorized under section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2129) for the Aegis Ashore Missile Defense System Complex at Deveselu, Romania).
(6)
$175,639,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1672) for a data center at Fort Meade, Maryland).
(7)
$11,500,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1672) for an Ambulatory Care Center Phase III at Joint Base Andrews, Maryland).
(8)
$134,900,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1672) for an Ambulatory Care Center Phase III at Joint Base San Antonio, Texas).
(9)
$715,863,000 (the balance of the amount authorized under section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1673) for a hospital at the Rhine Ordnance Barracks, Germany).
(10)
$412,869,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2640) for a hospital at Fort Bliss, Texas).
(11)
$41,913,000 (the balance of the amount authorized as a Military Construction, Defense-Wide project by title X of the Supplemental Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1888) for a data center at Camp Williams, Utah).
Subtitle B—

Chemical Demilitarization Authorizations
SEC. 2411.

AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE.
(a)

Authorization of Appropriations.—
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction and land acquisition for chemical demilitarization, as specified in the funding table in section 4601.
(b)

Limitation on Total Cost of Construction Projects.—
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under subsection (a) and the project described in paragraph (2) of this subsection may not exceed the sum of the following:
(1)
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
(2)
$36,433,000 (the balance of the amount authorized for ammunition demilitarization at Blue Grass Army Depot, Kentucky, by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 835), as most recently amended by section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B Public Law 111-383; 124 Stat. 4450).
TITLE XXV—

NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501.
Authorized NATO construction and land acquisition projects.
Sec. 2502.
Authorization of appropriations, NATO.
SEC. 2501.

AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
SEC. 2502.

AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.
TITLE XXVI—

GUARD AND RESERVE FORCES FACILITIES
Subtitle A—
Project Authorizations and Authorization of Appropriations
Sec. 2601.
Authorized Army National Guard construction and land acquisition projects.
Sec. 2602.
Authorized Army Reserve construction and land acquisition projects.
Sec. 2603.
Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604.
Authorized Air National Guard construction and land acquisition projects.
Sec. 2605.
Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606.
Authorization of appropriations, National Guard and Reserve.
Subtitle B—
Other Matters
Sec. 2611.
Modification of authority to carry out certain fiscal year 2013 project.
Sec. 2612.
Extension of authorizations of certain fiscal year 2011 projects.
Subtitle A—

Project Authorizations and Authorization of Appropriations
SEC. 2601.

AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
Army National Guard: Inside the United States
State | Location | Amount
Alabama | Decatur | $4,000,000
Arkansas | Fort Chaffee | $21,000,000
Florida | Pinellas Park | $5,700,000
Illinois | Kankakee | $42,000,000
Massachusetts | Camp Edwards | $19,000,000
Michigan | Camp Grayling | $17,000,000
Minnesota | Stillwater | $17,000,000
Mississippi | Camp Shelby | $3,000,000
| Pascagoula | $4,500,000
Missouri | Macon | $9,100,000
| Whiteman AFB | $5,000,000
New York | New York | $31,000,000
Ohio | Ravenna Army Ammunition Plant | $5,200,000
Pennsylvania | Fort Indiantown Gap | $40,000,000
Puerto Rico | Camp Santiago | $5,600,000
South Carolina | Greenville | $26,000,000
Texas | Fort Worth | $14,270,000
Wyoming | Afton | $10,200,000
SEC. 2602.

AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
Army Reserve
State | Location | Amount
California | Camp Parks | $17,500,000
| Fort Hunter Liggett | $16,500,000
Maryland | Bowie | $25,500,000
North Carolina | Fort Bragg | $24,500,000
New Jersey | Joint Base McGuire-Dix-Lakehurst | $36,200,000
New York | Bullville | $14,500,000
Wisconsin | Fort McCoy | $23,400,000
SEC. 2603.

AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
State | Location | Amount
California | March Air Force Base | $11,086,000
Missouri | Kansas City | $15,020,000
Tennessee | Memphis | $4,330,000
SEC. 2604.

AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
Air National Guard
State | Location | Amount
Alabama | Birmingham International Airport | $8,500,000
Indiana | Hulman Regional Airport | $7,300,000
Maryland | Fort Meade | $4,000,000
| Martin State Airport | $12,900,000
Montana | Great Falls International Airport | $22,000,000
New York | Fort Drum | $4,700,000
Ohio | Springfield Beckley-Map | $7,200,000
Pennsylvania | Fort Indiantown Gap | $7,700,000
Rhode Island | Quonset State Airport | $6,000,000
Tennessee | Mcghee-Tyson Airport | $18,000,000
SEC. 2605.

AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
Air Force Reserve
State | Location | Amount
California | March Air Force Base | $19,900,000
Florida | Homestead Air Reserve Base | $9,800,000
Oklahoma | Tinker Air Force Base | $12,200,000
SEC. 2606.

AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
(a)

Authorization of Appropriations.—
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
(b)

Limitation on Commencing Certain Projects.—
No amounts may be obligated or expended for the projects associated with the 175th Network Warfare Squadron Facility at Fort Meade, Maryland, or the Cyber/ISR Facility at Martin State Airport, Maryland, as authorized by section 2604, until the date on which the Commander of the United States Cyber Command certifies to the congressional defense committees, and provides adequate supporting documentation, that—
(1)
the scope of the military construction projects referred to in this subsection is consistent with the organizational manning construct being developed by the United States Cyber Command;
(2)
units operating within such facilities will be trained to the readiness standards set by the Armed Force concerned and the United States Cyber Command for the missions to which these units will be assigned;
(3)
plans for proper mitigation measures will be implemented to prevent inadvertent disclosure of classified information; and
(4)
rules exist or will be developed to control access to classified systems operating pursuant to authorities under title 10, United States Code, when operations are conducted pursuant to authorities under title 32, United States Code.
Subtitle B—

Other Matters
SEC. 2611.

MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2013 PROJECT.
In the case of the authorization contained in the table in section 2603 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2135) for Fort Des Moines, Iowa, for construction of a Joint Reserve Center at that location, the Secretary of the Navy may, instead of constructing a new facility at Camp Dodge, acquire up to approximately 20 acres to construct a Joint Reserve Center and associated supporting facilities in the greater Des Moines, Iowa, area using amounts appropriated for the project pursuant to the authorization of appropriations in section 2606 of such Act (126 Stat. 2136).
SEC. 2612.

EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2011 PROJECTS.
(a)

Extension.—
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, and 2604 of that Act (124 Stat. 4452, 4453, 4454), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
(b)

Table.—
The table referred to in subsection (a) is as follows:
Extension of 2011 National Guard and Reserve Project Authorizations
State | Installation or Location | Project | Amount
Puerto Rice | Camp Santiago | Multi Purpose Machine Gun Range | $9,200,000
Tennessee | Nashville International Airport | Intelligence Group and Remotely Piloted Aircraft Remote Split Operations Group | $5,500,000
Virginia | Fort Story | Army Reserve Center | $11,000,000
TITLE XXVII—

BASE REALIGNMENT AND CLOSURE ACTIVITIES
Subtitle A—
Authorization of Appropriations
Sec. 2701.
Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.
Subtitle B—
Other Matters
Sec. 2711.
Prohibition on conducting additional Base Realignment and Closure (BRAC) round.
Sec. 2712.
Elimination of quarterly certification requirement regarding availability of military health care in National Capital Region.
Sec. 2713.
Report on 2005 base closure and realignment joint basing initiative.
Subtitle A—

Authorization of Appropriations
SEC. 2701.

AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as specified in the funding table in section 4601.
Subtitle B—

Other Matters
SEC. 2711.

PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.
[Section 2712 repealed by section 1071(g)(6) of division A of Public Law 113–291.]
SEC. 2713.

REPORT ON 2005 BASE CLOSURE AND REALIGNMENT JOINT BASING INITIATIVE.
(a)

In General.—
Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on the 2005 base closure and realignment joint basing initiative.
(b)

Elements.—
The report required under subsection (a) shall include the following elements:
(1)
An analysis and explanation of the costs necessary to implement the joint basing initiative.
(2)
An analysis and explanation of any savings achieved to date and planned in future years, including quantifiable goals and a timeline for meeting such goals.
(3)
A description of implementation challenges and other lessons learned.
(4)
An assessment of any additional savings that could be achieved through more rigorous management and streamlined administration of joint bases.
(5)
Any other matters the Under Secretary considers appropriate.
TITLE XXVIII—

MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—
Military Construction Program and Military Family Housing Changes
Sec. 2801.
Modification and extension of authority to utilize unspecified minor military construction authority for laboratory revitalization projects.
Sec. 2802.
Repeal of separate authority to enter into limited partnerships with private developers of housing.
Sec. 2803.
Military construction standards to improve force protection.
Sec. 2804.
Application of cash payments received for utilities and services.
Sec. 2805.
Repeal of advance notification requirement for use of military housing investment authority.
Sec. 2806.
Additional element for annual report on military housing privatization projects.
Sec. 2807.
Policies and requirements regarding overseas military construction and closure and realignment of United States military installations in foreign countries.
Sec. 2808.
Extension and modification of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.
Sec. 2809.
Limitation on construction projects in European Command area of responsibility.
Subtitle B—
Real Property and Facilities Administration
Sec. 2811.
Development of master plans for major military installations.
Sec. 2812.
Authority for acceptance of funds to cover administrative expenses associated with real property leases and easements.
Sec. 2813.
Modification of authority to enter into long-term contracts for receipt of utility services as consideration for utility systems conveyances.
Sec. 2814.
Report on efficient utilization of Department of Defense real property.
Sec. 2815.
Conditions on Department of Defense expansion of Piñon Canyon Maneuver Site, Fort Carson, Colorado.
Subtitle C—
Provisions Related to Asia-Pacific Military Realignment
Sec. 2821.
Change from previous calendar year to previous fiscal year for period covered by annual report of Interagency Coordination Group of Inspectors General for Guam Realignment.
Sec. 2822.
Realignment of Marines Corps forces in Asia-Pacific Region.
Subtitle D—
Land Conveyances
Sec. 2831.
Real property acquisition, Naval Base Ventura County, California.
Sec. 2832.
Land conveyance, former Oxnard Air Force Base, Ventura County, California.
Sec. 2833.
Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii.
Sec. 2834.
Land conveyance, Philadelphia Naval Shipyard, Philadelphia, Pennsylvania.
Sec. 2835.
Land conveyance, Camp Williams, Utah.
Sec. 2836.
Conveyance, Air National Guard radar site, Francis Peak, Wasatch Mountains, Utah.
Sec. 2837.
Land conveyances, former United States Army Reserve Centers, Connecticut, New Hampshire, and Pennsylvania.
Subtitle E—
Other Matters
Sec. 2841.
Repeal of annual Economic Adjustment Committee reporting requirement.
Sec. 2842.
Establishment of military divers memorial.
Subtitle A—

Military Construction Program and Military Family Housing Changes
SEC. 2801.

MODIFICATION AND EXTENSION OF AUTHORITY TO UTILIZE UNSPECIFIED MINOR MILITARY CONSTRUCTION AUTHORITY FOR LABORATORY REVITALIZATION PROJECTS.
(a)

Modification and Extension of Authority.—
Section 2805(d) of title 10, United States Code, is amended—
(1)
in paragraph (1)(A), by striking “not more than $2,000,000” and inserting “not more than $4,000,000, notwithstanding subsection (c)”;
(2)
in paragraph (2), by striking the first sentence and inserting the following: “For purposes of this subsection, an unspecified minor military construction project is a military construction project that (notwithstanding subsection (a)) has an approved cost equal to or less than $4,000,000.”; and
(3)
in paragraph (5), by striking “2016” and inserting “2018”.
(b)
[10 U.S.C. 2805 note]

No Application to Current Projects.—
The amendments made by subsection (a) do not apply to any laboratory revitalization project for which the design phase has been completed as of the date of the enactment of this Act.
SEC. 2802.

REPEAL OF SEPARATE AUTHORITY TO ENTER INTO LIMITED PARTNERSHIPS WITH PRIVATE DEVELOPERS OF HOUSING.
(a)

Repeal.—
(1)

In general.—
Section 2837 of title 10, United States Code, is repealed.
(2)

Clerical amendment.—
The table of sections at the beginning of subchapter II of chapter 169 of such title is amended by striking the item relating to section 2837.
(b)
[10 U.S.C. 2837 note]

Effect on Existing Contracts.—
The repeal of section 2837 of title 10, United States Code, shall not affect the validity or terms of any contract in connection with a limited partnership under subsection (a) or a collateral incentive agreement under subsection (b) of such section entered into before the date of the enactment of this Act.
(c)
[10 U.S.C. 2837 note]

Effect on Defense Housing Investment Account.—
Any unobligated amounts remaining in the Defense Housing Investment Account on the date of the enactment of this Act shall be transferred to the Department of Defense Family Housing Improvement Fund. Amounts transferred shall be merged with amounts in such fund and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund.
SEC. 2803.

MILITARY CONSTRUCTION STANDARDS TO IMPROVE FORCE PROTECTION.
(a)

Consideration of Other Available Security or Force-Protection Measures.—
Section 2859(a)(2) of title 10, United States Code, is amended by striking “develop construction standards designed” and inserting “develop construction standards that, taking into consideration other security or force-protection measures available for the facility or military installation concerned, are designed”.
(b)

Report on Current and Additional Security Systems and Technologies.—
(1)

Report required.—
Not later than June 1, 2014, the Secretary of Defense shall submit to the congressional defense committees a report describing and evaluating—
(A)
current expeditionary physical barrier systems; and
(B)
new systems or technologies that are being used for, or can be adopted for use for, force protection, including providing blast protection for forces supporting contingency operations.
(2)

Elements.—
The report required by this subsection shall include the following:
(A)
A review of current and projected threats in connection with force protection, a description of any recent changes to policies on force protection, and an assessment of current planning methods on force protection, including standoff distances and physical barriers, to provide consistent and adequate levels of force protection.
(B)
An assessment of the use of expeditionary physical barrier systems to meet the goals of the combatant commands for force protection and force resiliency.
(C)
A description of the specifications developed by the Department of Defense to meet requirements for effectiveness, affordability, lifecycle management, and reuse or disposal of expeditionary physical barrier systems.
(D)
A description of the process used within the Department to ensure appropriate consideration of the decommissioning cost, environmental impact, and subsequent disposal of expeditionary physical barrier materials in the procurement process for such materials.
(E)
An assessment of the availability of new technologies or designs that improve the capabilities or lifecycle costs of expeditionary physical barrier systems.
(3)

Forms of report.—
The report required by this subsection shall be submitted in unclassified form, but may include a classified annex.
SEC. 2804.

APPLICATION OF CASH PAYMENTS RECEIVED FOR UTILITIES AND SERVICES.
Section 2872a(c)(2) of title 10, United States Code, is amended—
(1)
by striking “under paragraph (1) shall be” and all that follows through “was paid.” and inserting the following:
“under paragraph (1) as reimbursement for the cost of furnishing utilities or services shall—
“(A)
in the case of a cost paid using funds appropriated or otherwise made available before October 1, 2014, be credited to the appropriation or working capital account from which the cost of furnishing utilities or services concerned was paid; or
“(B)
in the case of a cost paid using funds appropriated or otherwise made available on or after October 1, 2014, be credited to the appropriation or working capital account currently available for the purpose of furnishing utilities or services under subsection (a).”
; and
(2)
by striking “Amounts so credited” and inserting the following:
“(3)
Amounts credited under paragraph (2)”
.
SEC. 2805.

REPEAL OF ADVANCE NOTIFICATION REQUIREMENT FOR USE OF MILITARY HOUSING INVESTMENT AUTHORITY.
Section 2875 of title 10, United States Code, is amended by striking subsection (e).
SEC. 2806.

ADDITIONAL ELEMENT FOR ANNUAL REPORT ON MILITARY HOUSING PRIVATIZATION PROJECTS.
Section 2884(c)(3) of title 10, United States Code, is amended by inserting before the period at the end the following: “, to specifically include any unique variances associated with litigation costs”.
SEC. 2807.

POLICIES AND REQUIREMENTS REGARDING OVERSEAS MILITARY CONSTRUCTION AND CLOSURE AND REALIGNMENT OF UNITED STATES MILITARY INSTALLATIONS IN FOREIGN COUNTRIES.
(a)

Overseas Base Closures and Realignments and Basing Master Plans.—
Section 2687a of title 10, United States Code, is amended to read as follows:
“SEC. 2687a.

Overseas base closures and realignments and basing master plans
“(a)

Annual Report on Status of Overseas Closures and Realignments and Master Plans.
(1)
At the same time that the budget is submitted under section 1105(a) of title 31 for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on—
“(A)
the status of overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy; and
“(B)
the status of development and execution of comprehensive master plans for overseas military main operating bases, forward operating sites, and cooperative security locations.
“(2)
A report under paragraph (1) shall address the following:
“(A)
How the master plans described in paragraph (1)(B) would support the security commitments undertaken by the United States pursuant to any international security treaty.
“(B)
The impact of such plans on the current security environments in the combatant commands, including United States participation in theater security cooperation activities and bilateral partnership, exchanges, and training exercises.
“(C)
Any comments of the Secretary of Defense resulting from an interagency review of these plans that includes the Department of State and other Federal departments and agencies that the Secretary of Defense considers necessary for national security.
“(b)

Department of Defense Overseas Military Facility Investment Recovery Account.
(1)
Except as provided in subsection (c), amounts paid to the United States, pursuant to any treaty, status of forces agreement, or other international agreement to which the United States is a party, for the residual value of real property or improvements to real property used by civilian or military personnel of the Department of Defense shall be deposited into the Department of Defense Overseas Military Facility Investment Recovery Account.
“(2)
Money deposited in the Department of Defense Overseas Military Facility Investment Recovery Account shall be available to the Secretary of Defense for payment, as provided in appropriation Acts, of costs incurred by the Department of Defense in connection with—
“(A)
military construction, facility maintenance and repair, and environmental restoration at military installations in the United States; and
“(B)
military construction, facility maintenance and repair, and compliance with applicable environmental laws at military installations outside the United States at which the Secretary anticipates the United States will have an enduring presence.
“(3)
Funds in the Department of Defense Overseas Facility Investment Recovery Account shall remain available until expended.
“(4)
Not later than December 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report detailing all expenditures made from the Department of Defense Overseas Facility Investment Recovery Account during the preceding fiscal year.
“(c)

Treatment of Amounts Corresponding to the Value of Property Purchased With Nonappropriated Funds.
In the case of a payment referred to in subsection (b)(1) for the residual value of real property or improvements at an overseas military facility, the portion of the payment that is equal to the depreciated value of the investment made with nonappropriated funds shall be deposited in the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). The Secretary of Defense may use amounts in the account (in such an aggregate amount as is provided in advance by appropriation Acts) for the purpose of acquiring, constructing, or improving commissary stores and nonappropriated fund instrumentalities.
“(d)

OMB Review of Proposed Overseas Basing Settlements.
(1)
The Secretary of Defense may not enter into an agreement of settlement with a host country regarding the release to the host country of improvements made by the United States to facilities at an installation located in the host country until 30 days after the date on which the Secretary submits the proposed settlement to the Director of the Office of Management and Budget. The prohibition set forth in the preceding sentence shall apply only to agreements of settlement for improvements having a value in excess of $10,000,000. The Director shall evaluate the overall equity of the proposed settlement. In evaluating the proposed settlement, the Director shall consider such factors as the extent of the United States capital investment in the improvements being released to the host country, the depreciation of the improvements, the condition of the improvements, and any applicable requirements for environmental remediation or restoration at the installation.
“(2)
Each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on each proposed agreement of settlement that was not submitted by the Secretary to the Director of the Office of Management and Budget in the previous year under paragraph (1) because the value of the improvements to be released pursuant to the proposed agreement did not exceed $10,000,000.
“(e)

Congressional Oversight of Use of Payments-In-Kind for Construction or Operations.
(1)
Before concluding an agreement for acceptance of military construction or facility improvements as a payment-in-kind, the Secretary of Defense shall submit to the congressional defense committees a notification on the proposed agreement. Any such notification shall contain the following:
“(A)
A description of the military construction project or facility improvement project.
“(B)
An explanation of the military requirement to be satisfied with the project.
“(C)
A certification that the project is included in the current future-years defense program.
“(2)
Before concluding an agreement for acceptance of host nation support or host nation payment of operating costs of United States forces as a payment-in-kind, the Secretary of Defense shall submit to the congressional defense committees a notification on the proposed agreement. Any such notification shall contain the following:
“(A)
A description of each activity to be covered by the payment-in-kind.
“(B)
A certification that the costs to be covered by the payment-in-kind are included in the budget of one or more of the military departments or that it will otherwise be necessary to provide for payment of such costs in a budget of one or more of the military departments in the current or the next fiscal year.
“(3)
When the Secretary of Defense submits a notification of a proposed agreement under paragraph (1) or (2), the Secretary may then enter into the agreement described in the notification only after the end of the 30-day period beginning on the date on which the notification is submitted or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.
“(f)

Authorized Use of Payments-In-Kind.
(1)
A military construction project, as defined in chapter 159 of this title, may be accepted as a payment-in-kind contribution pursuant to a bilateral agreement with a host country only if that military construction project is authorized by law.
“(2)
Operations of United States forces may be funded through a payment-in-kind contribution under this section only if the costs covered by such payment are included in the budget justification documents for the Department of Defense submitted to Congress in connection with the budget submitted under 1105 of title 31.
“(3)
If funds previously appropriated for a military construction project, facility improvement, or operating costs are subsequently addressed in an agreement for a payment-in-kind contribution, the Secretary of Defense shall return to the Treasury funds in the amount equal to the value of the appropriated funds.
“(4)
This subsection does not apply to a military construction project that—
“(A)
was specified in a bilateral agreement with a host country that was entered into prior to the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014;
“(B)
was accepted as payment-in-kind for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101-510; 10 U.S.C. 2687 note) prior to the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014; or
“(C)
subject to paragraph (5), will cost less than the cost specified in subsection (a)(2) of section 2805 of this title for certain unspecified minor military construction projects.
“(5)
In the case of a military construction project excluded pursuant to paragraph (4)(C) whose cost will exceed the cost specified in subsection (b) of section 2805 of this title for certain unspecified minor military construction projects, the congressional notification requirements and waiting period specified in paragraph (2) of such subsection shall apply.
“(g)

Definitions.
In this section:
“(1)
The term ‘fair market value of the improvements’ means the value of improvements determined by the Secretary of Defense on the basis of their highest use.
“(2)
The term ‘improvements’ includes new construction of facilities and all additions, improvements, modifications, or renovations made to existing facilities or to real property, without regard to whether they were carried out with appropriated or nonappropriated funds.
“(3)
The term ‘nonappropriated funds’ means funds received from—
“(A)
the adjustment of, or surcharge on, selling prices at commissary stores fixed under section 2685 of this title; or
“(B)
a nonappropriated fund instrumentality.
“(4)
The term ‘nonappropriated fund instrumentality’ means an instrumentality of the United States under the jurisdiction of the armed forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the armed forces.”
.
(b)

Repeal of Superseded Provisions Related to Overseas Base Closures and Realignments .—
(1)

Repeal; retention of sense of congress.—
Section 2921 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2687 note) is amended—
(A)
by striking “(a) Sense of Congress.—”; and
(B)
by striking subsections (b) through (g).
(2)
[10 U.S.C. 2687 note]

Treatment of special account.—
The repeal of subsection (c) of section 2921 of the National Defense Authorization Act for Fiscal Year 1991 by paragraph (1)(B) shall not affect the Department of Defense Overseas Military Facility Investment Recovery Account established by such subsection, amounts in such account, or the continued use of such account as provided in section 2687a of title 10, United States Code, as amended by subsection (a) of this section.
(c)

Requirements Related to Payment-in-kind Contributions Pursuant to Bilateral Agreements With Host Countries.—
Section 2802 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d)
(1)
The requirement under subsection (a) that a military construction project must be authorized by law includes military construction projects funded through payment-in-kind contributions pursuant to a bilateral agreement with a host country.
“(2)
The Secretary of Defense or the Secretary concerned shall include military construction projects covered under paragraph (1) in the budget justification documents for the Department of Defense submitted to Congress in connection with the budget for a fiscal year submitted under 1105 of title 31.
“(3)
This subsection does not apply to a military construction project that—
“(A)
was specified in a bilateral agreement with a host country that was entered into prior to the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014;
“(B)
was accepted as payment-in-kind for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101-510; 10 U.S.C. 2687 note) prior to the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014; or
“(C)
will cost less than the cost specified in subsection (a)(2) of section 2805 of this title for certain unspecified minor military construction projects.
“(4)
In the case of a military construction project excluded pursuant to paragraph (3)(C) whose cost will exceed the cost specified in subsection (b) of section 2805 of this title for certain unspecified minor military construction projects, the congressional notification requirements and waiting period specified in paragraph (2) of such subsection shall apply.”
.
SEC. 2808.

EXTENSION AND MODIFICATION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS IN CERTAIN AREAS OUTSIDE THE UNITED STATES.
Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as most recently amended by section 2804 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2149), is further amended—
(1)
in subsection (a), by striking “The Secretary” and all that follows through “conditions:” and inserting “The Secretary of Defense may obligate appropriated funds available for operation and maintenance to carry out, inside the area of responsibility of the United States Central Command or certain countries in the area of responsibility of the United States Africa Command, a construction project that the Secretary determines meets each of the following conditions:”;
(2)
in subsection (c)(1), by striking “shall not exceed” and all that follows through the period at the end and inserting “shall not exceed $100,000,000 between October 1, 2013, and the earlier of December 31, 2014, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2015.”;
(3)
in subsection (h)—
(A)
in paragraph (1), by striking “September 30, 2013” and inserting “December 31, 2014”; and
(B)
in paragraph (2), by striking “fiscal year 2014” and inserting “fiscal year 2015”; and
(4)
by striking subsection (i) and inserting the following new subsection:
“(i)

Certain Countries in the Area of Responsibility of United States Africa Command Defined.
In this section, the term ‘certain countries in the area of responsibility of the United States Africa Command’ means Kenya, Somalia, Ethiopia, Djibouti, Seychelles, Burundi, and Uganda.”
.
SEC. 2809.

LIMITATION ON CONSTRUCTION PROJECTS IN EUROPEAN COMMAND AREA OF RESPONSIBILITY.
(a)

Limitation.—
Except as provided in subsection (b), the Secretary of Defense or the Secretary of a military department shall not award any contract in connection with a construction project authorized by this division or the Military Construction Authorization Act for Fiscal Year 2015 to be carried out at an installation operated in the European Command area of responsibility until the Secretary of Defense certifies to the congressional defense committees that—
(1)
the installation and specific military construction requirement—
(A)
have been assessed as part of the basing assessment initiated by the Secretary of Defense on January 25, 2013 (known as the “European Infrastructure Consolidation Assessment”); and
(B)
have been determined, pursuant to such assessment, to be of an enduring nature; and
(2)
the specific military construction requirement most effectively meets combatant commander requirements at the authorized location.
(b)

Exceptions.—
Subsection (a) does not apply with respect to a construction project that—
(1)
is authorized by law before December 26, 2013;
(2)
is carried out at an installation located in Greenland;
(3)
is funded through the North Atlantic Treaty Organization Security Investment Program or intended to specifically support the North Atlantic Treaty Organization; or
(4)
is carried out under the authority of, and subject to the limits specified in, section 2805 of title 10, United States Code.
Subtitle B—

Real Property and Facilities Administration
SEC. 2811.

DEVELOPMENT OF MASTER PLANS FOR MAJOR MILITARY INSTALLATIONS.
Section 2864 of title 10, United States Code, is amended—
(1)
in subsection (a)—
(A)
by striking “At a time” and inserting “(1) At a time”; and
(B)
by adding at the end the following new paragraph:
“(2)
To address the requirements under paragraph (1), each installation master plan shall include consideration of—
“(A)
planning for compact and infill development;
“(B)
horizontal and vertical mixed-use development;
“(C)
the full lifecycle costs of real property planning decisions; and
“(D)
capacity planning through the establishment of growth boundaries around cantonment areas to focus development towards the core and preserve range and training space.”
;
(2)
in subsection (b)—
(A)
by striking “The transportation” and inserting “(1) The transportation”; and
(B)
by adding at the end the following new paragraph:
“(2)
To address the requirements under subsection (a) and paragraph (1), each installation master plan shall include consideration of ways to diversify and connect transit systems.”
;
(3)
by redesignating subsection (c) as subsection (d); and
(4)
by inserting after subsection (b) the following new subsection:
“(c)

Savings Clause.
Nothing in this section shall supersede the requirements of section 2859(a) of this title.”
.
SEC. 2812.

AUTHORITY FOR ACCEPTANCE OF FUNDS TO COVER ADMINISTRATIVE EXPENSES ASSOCIATED WITH REAL PROPERTY LEASES AND EASEMENTS.
(a)

Authority.—
Subsection (e)(1)(C) of section 2667 of title 10, United States Code, is amended by adding at the end the following new clause:
“(vi)
Administrative expenses incurred by the Secretary concerned under this section and for easements under section 2668 of this title.”
.
(b)

Administrative Expenses Defined.—
Subsection (i) of such section is amended—
(1)
by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and
(2)
by inserting before paragraph (2), as so redesignated, the following new paragraph (1):
“(1)
The term ‘administrative expenses’ means only those expenses related to assessing, negotiating, executing, and managing lease and easement transactions. The term does not include any Government personnel costs.”
.
SEC. 2813.

MODIFICATION OF AUTHORITY TO ENTER INTO LONG-TERM CONTRACTS FOR RECEIPT OF UTILITY SERVICES AS CONSIDERATION FOR UTILITY SYSTEMS CONVEYANCES.
Section 2688(d)(2) of title 10, United States Code, is amended by adding at the end the following new sentence: “The determination of cost effectiveness shall be made using a business case analysis that includes an independent estimate of the level of investment that should be required to maintain adequate operation of the utility system over the proposed term of the contract.”.
SEC. 2814.

REPORT ON EFFICIENT UTILIZATION OF DEPARTMENT OF DEFENSE REAL PROPERTY.
(a)

Report Required.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the efficient utilization of real property across the Department of Defense.
(b)

Elements of Report.—
The report required by subsection (a) shall describe the following:
(1)
The strategy of the Department of Defense for maximizing efficient utilization of existing facilities, progress implementing this strategy, and obstacles to implementing this strategy.
(2)
The efforts of the Department of Defense to systematically collect, process, and analyze data on the efficient utilization of real property to aid in the planning and implementation of the strategy referred to in paragraph (1).
(3)
The number of underutilized Department facilities, to be defined as facilities rated less than 66 percent utilization, and unutilized Department facilities, to be defined as facilities rated at zero percent utilization, in the Real Property Inventory Database of the Department of Defense.
(4)
The annual cost of maintaining and improving such underutilized and unutilized Department facilities.
(5)
The efforts of the Department of Defense to dispose of underutilized and unutilized facilities.
(c)

Classified Annex.—
The report required by subsection (a) may include a classified annex if necessary to fully describe the matters required by subsection (b).
SEC. 2815.

CONDITIONS ON DEPARTMENT OF DEFENSE EXPANSION OF PIñON CANYON MANEUVER SITE, FORT CARSON, COLORADO.
The Secretary of Defense and the Secretary of the Army may not acquire, by purchase, condemnation, or other means, any land to expand the size of the Piñon Canyon Maneuver Site near Fort Carson, Colorado, unless each of the following occurs:
(1)
The land acquisition is specifically authorized in an Act of Congress enacted after the date of the enactment of this Act.
(2)
Funds are specifically appropriated for the land acquisition.
(3)
The Secretary of Defense and the Secretary of the Army comply with the environmental review requirements of section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) with respect to the land acquisition.
Subtitle C—

Provisions Related to Asia-Pacific Military Realignment
SEC. 2821.

CHANGE FROM PREVIOUS CALENDAR YEAR TO PREVIOUS FISCAL YEAR FOR PERIOD COVERED BY ANNUAL REPORT OF INTERAGENCY COORDINATION GROUP OF INSPECTORS GENERAL FOR GUAM REALIGNMENT.
Section 2835(e)(1) of the Military Construction Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2687 note) is amended in the first sentence by striking “calendar year” and inserting “fiscal year”.
Subtitle D—

Land Conveyances
SEC. 2831.

REAL PROPERTY ACQUISITION, NAVAL BASE VENTURA COUNTY, CALIFORNIA.
(a)

Authority.—
The Secretary of the Navy may acquire all right, title, and interest in and to real property, including improvements thereon, located at Naval Base Ventura County, California, that was initially constructed under the former section 2828(g) of title 10, United States Code (commonly known as the “Build to Lease program”), as added by section 801 of the Military Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat 782).
(b)

Use.—
Upon acquiring the real property under subsection (a), the Secretary of the Navy may use the improvements as provided in sections 2835 and 2835a of title 10, United States Code.
SEC. 2832.

LAND CONVEYANCE, FORMER OXNARD AIR FORCE BASE, VENTURA COUNTY, CALIFORNIA.
(a)

Conveyance Authorized.—
The Secretary of the Navy may convey, without consideration, to Ventura County, California (in this section referred to as the “County”), all right, title, and interest of the United States in and to the real property, including any improvements thereon, consisting of former Oxnard Air Force Base for the purpose of permitting the County to use the property for public purposes.
(b)

Condition on Use of Revenues.—
If the property conveyed under subsection (a) is used, consistent with such subsection, for a public purpose that results in the generation of revenue for the County, the County shall agree to use the generated revenue only for airport purposes by depositing the revenues in an airport fund designated for airport use.
(c)

Payment of Costs of Conveyance.—
(1)

Payment required.—
The Secretary of the Navy shall require the County to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the County.
(2)

Treatment of amounts received.—
Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(d)

Description of Property.—
The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
(e)

Reversionary Interest.—
If the Secretary of the Navy determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in subsection (a) or that the County has violated the condition on the use of revenues imposed by subsection (b), all right, title, and interest in and to such real property, including any improvements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
(f)

Additional Terms.—
The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2833.

LAND CONVEYANCE, JOINT BASE PEARL HARBOR-HICKAM, HAWAII.
(a)

Conveyances Authorized.—
The Secretary of the Navy may convey to the Hale Keiki School all right, title, and interest of the United States, or any portion thereof, in and to certain real property, including any improvements thereon, consisting of approximately 11 acres located at or in the nearby vicinity of 153 Bougainville Drive, Honolulu, Hawaii (City and County of Honolulu Tax Map Key No. 9-9-02:37), which is part of the Joint Base Pearl Harbor-Hickam, before such real property, or any portion thereof, is made available for transfer pursuant to the Hawaiian Home Lands Recovery Act (title II of Public Law 104-42; 109 Stat. 357), for use by any other Federal agency, or for disposal under applicable laws.
(b)

Consideration.—
As consideration for a conveyance under subsection (a), the Hale Keiki School shall provide the United States, whether by cash payment, in-kind consideration described in section 2667(c) of title 10, United States Code, or a combination thereof, an amount that is not less than the fair market value of the conveyed property, as determined pursuant to an appraisal acceptable to the Secretary.
(c)

Exercise of Right to Purchase Property.—
(1)

Acceptance of offer.—
For a period of 180 days beginning on the date the Secretary makes a written offer to convey the property or any portion thereof under subsection (a), the Hale Keiki School shall have the exclusive right to accept such offer by providing written notice of acceptance to the Secretary within the specified 180-day time period. If the Secretary’s offer is not so accepted within the 180-day period, the offer shall expire.
(2)

Conveyance deadline.—
If the Hale Keiki School accepts the offer to convey the property or a portion thereof in accordance with paragraph (1), the conveyance shall take place not later than two years after the date of the Hale Keiki School’s written acceptance. The Secretary and the Hale Keiki School, by mutual agreement, may extend the two-year conveyance deadline for a reasonable period of time, as evidenced by a new lease or license executed by the parties before the deadline.
(d)

Payment of Costs of Conveyances.—
(1)

Payment required.—
The Secretary shall require the Hale Keiki School to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out a conveyance under subsection (a), including survey costs, related to the conveyance. If amounts are collected from the Hale Keiki School in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Hale Keiki School. The Secretary may collect the costs from the Hale Keiki School in advance of incurring any costs and may pay the administrative costs of processing the conveyance as they are incurred or at any time thereafter.
(2)

Assumption of risk of paying costs of conveyance.—
In the event that the conveyance is not completed by the deadline set forth in subsection (c)(2), including any extension thereof, the amounts collected from the Hale Keiki School under paragraph (1) will not be refunded or reimbursed. The Hale Keiki School shall be considered to have assumed the risk of paying all costs of processing the conveyance after the offer has been accepted by the Hale Keiki School, regardless of whether or not the conveyance is ever completed.
(3)

Treatment of amounts received.—
Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out a conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(e)

Description of Property.—
The exact acreage and legal description of any real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
(f)

Additional Term and Conditions.—
The Secretary may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2834.

LAND CONVEYANCE, PHILADELPHIA NAVAL SHIPYARD, PHILADELPHIA, PENNSYLVANIA.
(a)

Conveyance Authorized.—
The Secretary of the Navy may convey to the Philadelphia Regional Port Authority (in this section referred to as the “Port Authority”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately .595 acres located at the Philadelphia Naval Shipyard, Philadelphia, Pennsylvania. The Secretary may void any land use restrictions associated with the property to be conveyed under this subsection.
(b)

Consideration.—
(1)

Amount and determination.—
As consideration for the conveyance under subsection (a), the Port Authority shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final. In lieu of all or a portion of cash payment of consideration, the Secretary may accept in-kind consideration.
(2)

Treatment of cash consideration.—
The Secretary shall deposit any cash payment received under paragraph (1) in the special account in the Treasury established for that Secretary under subsection (e) of section 2667 of title 10, United States Code. The entire amount deposited shall be available for use in accordance with paragraph (1)(D) of such subsection.
(c)

Payment of Costs of Conveyance.—
(1)

Payment required.—
The Secretary of the Navy shall require the Port Authority to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Port Authority.
(2)

Treatment of amounts received.—
Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(d)

Description of Property.—
The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
(e)

Additional Terms and Conditions.—
The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2835.

LAND CONVEYANCE, CAMP WILLIAMS, UTAH.
(a)

Conveyance Authorized.—
The Secretary of the Interior, acting through the Bureau of Land Management, may convey, without consideration, to the State of Utah all right, title, and interest of the United States in and to certain lands comprising approximately 420 acres, as generally depicted on a map entitled “Proposed Camp Williams Land Transfer” and dated June 14, 2011, which are located within the boundaries of the public lands currently withdrawn for military use by the Utah National Guard and known as Camp Williams, Utah, for the purpose of permitting the Utah National Guard to use the conveyed land for military purposes.
(b)

Supersedence of Executive Order.—
Executive Order No. 1922 of April 24, 1914, as amended by section 907 of the Camp W.G. Williams Land Exchange Act of 1989 (title IX of Public Law 101-628; 104 Stat. 4501), is hereby superseded, only insofar as it affects the lands conveyed to the State of Utah under subsection (a).
(c)

Reversionary Interest.—
If the Secretary of the Army, in consultation with the Secretary of the Interior, determines at any time that the lands conveyed under subsection (a), or any portion thereof, are sold or attempted to be sold, or that the lands, or any portion thereof, are not being used in a manner consistent with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the lands shall, at the option of the Secretary of the Army, in consultation with the Secretary of the Interior, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto the lands. A determination under this subsection shall be made on the record after an opportunity for a hearing.
(d)

Additional Terms.—
The Secretary of the Interior, in consultation with the Secretary of the Army, may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary of the Interior considers appropriate to protect the interests of the United States.
SEC. 2836.

CONVEYANCE, AIR NATIONAL GUARD RADAR SITE, FRANCIS PEAK, WASATCH MOUNTAINS, UTAH.
(a)

Conveyance Authorized.—
The Secretary of the Air Force may convey, without consideration, to the State of Utah (in this section referred to as the “State”), all right, title, and interest of the United States in and to the structures, including equipment and any other personal property related thereto, comprising the Air National Guard radar site located on Francis Peak, Utah, for the purpose of permitting the State to use the structures to support emergency public safety communications, including 911 emergency response service for Northern Utah.
(b)

Payment of Costs of Conveyance.—
(1)

Payment required.—
The Secretary of the Air Force may require the State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts paid to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the State.
(2)

Treatment of amounts received.—
Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(c)

Description of Property.—
The exact inventory of equipment and other personal property to be conveyed under subsection (a) shall be determined by the Secretary of the Air Force.
(d)

Additional Terms and Conditions.—
The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
(e)

Continuation of Land Use Permit.—
The conveyance of the structures under subsection (a) shall not affect the validity and continued applicability of the land use permit, in effect on the date of the enactment of this Act, that was issued by the Forest Service for placement and use of the structures.
(f)

Duration of Authority.—
The authority to make a conveyance under this section shall expire on the later of—
(1)
September 30, 2014; or
(2)
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015.
SEC. 2837.

LAND CONVEYANCES, FORMER UNITED STATES ARMY RESERVE CENTERS, CONNECTICUT, NEW HAMPSHIRE, AND PENNSYLVANIA.
(a)

Conveyances Authorized.—
The Secretary of the Army may convey, without consideration, all right, title, and interest of the United States in and to the parcels of real property described in paragraphs (1) through (4), including any improvements thereon and easements related thereto, to the entity specified in such a paragraph for the corresponding parcel and for the purposes specified in such paragraph:
(1)
Approximately 5.11 acres and improvements known as the LT John S. Turner Army Reserve Center in Fairfield, Connecticut, to the City of Fairfield, Connecticut, for the public benefit of a public park or recreational use.
(2)
Approximately 6.9 acres and improvements known as the Paul J. Sutcovoy Army Reserve Center in Waterbury, Connecticut, to the City of Waterbury, Connecticut, for the public benefit of emergency services and public safety activities.
(3)
Approximately 3.4 acres and improvements known as the Paul A. Doble Army Reserve Center in Portsmouth, New Hampshire, to the City of Portsmouth, New Hampshire, for the public benefit of a public park or recreational use.
(4)
Approximately 4.52 acres and containing the Mifflin County Army Reserve Center located at 73 Reserve Lane, Lewistown, Pennsylvania (parcel number 16,01-0113J) to Derry Township, Pennsylvania for a regional police headquarters or other purposes of public benefit.
(b)

Terms Applicable to Mifflin County Army Reserve Center Conveyance.—
(1)

Interim lease.—
Until such time as the real property described in subsection (a)(4) is conveyed to Derry Township, Pennsylvania, the Secretary of the Army may lease the property to the Township.
(2)

Conditions of conveyance.—
The conveyance of the real property under subsection (a)(4) shall be subject to the condition that Derry Township, Pennsylvania, not use any Federal funds to cover—
(A)
any portion of the conveyance costs required by subsection (d) to be paid by the Township; or
(B)
to cover the costs for the design or construction of any facility on the property.
(c)

Reversion; Exception.—
(1)

Reversion.—
The deed of conveyance for a parcel of real property conveyed under this section shall provide that all of the property be used and maintained for the purpose for which it was conveyed, as specified in subsection (a). If the Secretary of the Army determines at any time that the real property is no longer used or maintained in accordance with the purpose of the conveyance, all right, title, and interest in and to the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this paragraph shall be made on the record after an opportunity for hearing.
(2)

Payment of consideration in lieu of reversion.—
In lieu of exercising the right of reversion retained under paragraph (1) with respect to a parcel of real property conveyed under this section, the Secretary may require the recipient of the property to pay to the United States an amount equal to the fair market value of the property conveyed. The fair market value of the property shall be determined by the Secretary.
(3)

Treatment of cash consideration.—
Any cash payment received by the United States under paragraph (2) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection.
(d)

Payment of Costs of Conveyance.—
(1)

Payment required.—
The Secretary of the Army shall require the recipient of a parcel of real property conveyed under this section to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance of the property, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the recipient of the property in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance of the property, the Secretary shall refund the excess amount to the recipient of the property.
(2)

Treatment of amounts received.—
Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyances under this section. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(e)

Description of Properties.—
The exact acreage and legal description of a parcel of real property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary of the Army.
(f)

Additional Terms.—
The Secretary of the Army may require such additional terms and conditions in connection with the conveyance of a parcel of real property under this section as the Secretary considers appropriate to protect the interests of the United States.
Subtitle E—

Other Matters
SEC. 2841.

REPEAL OF ANNUAL ECONOMIC ADJUSTMENT COMMITTEE REPORTING REQUIREMENT.
Subsection (d) of section 4004 of the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 (division D of Public Law 101-510; 10 U.S.C. 2391 note), as amended by section 4212(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2664), is further amended—
(1)
by inserting “and” at the end of paragraph (1);
(2)
by striking “; and” at the end of paragraph (2) and inserting a period; and
(3)
by striking paragraph (3).
SEC. 2842.
[16 U.S.C. 431 note]

ESTABLISHMENT OF MILITARY DIVERS MEMORIAL.
(a)

Memorial Authorized.—
The Secretary of the Navy may permit a third party to establish and maintain a memorial to honor the members of the United States Armed Forces who have served as divers and whose service in defense of the United States has been carried out beneath the waters of the world.
(b)

Use of Federal Funds Prohibited.—
Federal funds may not be used to design, procure, prepare, install, or maintain the memorial authorized by subsection (a), but the Secretary may accept and expend contributions of non-Federal funds and resources for such purposes.
(c)

Location of Memorial.—
(1)

In general.—
Consistent with the sense of the Congress expressed in section 2855 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2162), the Secretary may permit the memorial authorized by subsection (a) to be established—
(A)
at a suitable location at the former Navy Dive School at the Washington Navy Yard in the District of Columbia; or
(B)
at another suitable location under the jurisdiction of the Secretary.
(2)

Condition.—
The memorial authorized by subsection (a) may not be established at any location under the jurisdiction of the Secretary until the Secretary determines that an assured source of non-Federal funding has been established for the design, procurement, installation, and maintenance of the memorial.
(d)

Design of Memorial.—
The final design of the memorial authorized by subsection (a) shall be subject to the approval of the Secretary.
TITLE XXIX—

WITHDRAWAL, RESERVATION, AND TRANSFER OF PUBLIC LANDS TO SUPPORT MILITARY READINESS AND SECURITY
Sec. 2901.
Short title.
Sec. 2902.
Definitions.
Subtitle A—
General Provisions
Sec. 2911.
General applicability; definitions.
Sec. 2912.
Maps and legal descriptions.
Sec. 2913.
Access restrictions.
Sec. 2914.
Changes in use.
Sec. 2915.
Brush and range fire prevention and suppression.
Sec. 2916.
Ongoing decontamination.
Sec. 2917.
Water rights.
Sec. 2918.
Hunting, fishing, and trapping.
Sec. 2919.
Limitation on extensions and renewals.
Sec. 2920.
Application for renewal of a withdrawal and reservation.
Sec. 2921.
Limitation on subsequent availability of land for appropriation.
Sec. 2922.
Relinquishment.
Sec. 2923.
Immunity of the United States.
Subtitle B—
Limestone Hills Training Area, Montana
Sec. 2931.
Withdrawal and reservation of public land.
Sec. 2932.
Management of withdrawn and reserved land.
Sec. 2933.
Special rules governing minerals management.
Sec. 2934.
Grazing.
Sec. 2935.
Payments in lieu of taxes.
Sec. 2936.
Duration of withdrawal and reservation.
Subtitle C—
Marine Corps Air Ground Combat Center Twentynine Palms, California
Sec. 2941.
Withdrawal and reservation of public land.
Sec. 2942.
Management of withdrawn and reserved land.
Sec. 2943.
Public access.
Sec. 2944.
Resource management group.
Sec. 2945.
Johnson Valley Off-Highway Vehicle Recreation Area.
Sec. 2946.
Duration of withdrawal and reservation.
Subtitle D—
White Sands Missile Range, New Mexico, and Fort Bliss, Texas
Sec. 2951.
Withdrawal and reservation of public land.
Sec. 2952.
Grazing.
Subtitle E—
Chocolate Mountain Aerial Gunnery Range, California
Sec. 2961.
Transfer of administrative jurisdiction of public land.
Sec. 2962.
Management and use of transferred land.
Sec. 2963.
Effect of termination of military use.
Sec. 2964.
Temporary extension of existing withdrawal period.
Sec. 2965.
Water rights.
Sec. 2966.
Realignment of range boundary and related transfer of title.
Subtitle F—
Naval Air Weapons Station China Lake, California
Sec. 2971.
Withdrawal and reservation of public land.
Sec. 2972.
Management of withdrawn and reserved land.
Sec. 2973.
Assignment of management responsibility to Secretary of the Navy.
Sec. 2974.
Geothermal resources.
Sec. 2975.
Wild horses and burros.
Sec. 2976.
Continuation of existing agreement.
Sec. 2977.
Management plans.
Sec. 2978.
Termination of prior withdrawals.
Sec. 2979.
Duration of withdrawal and reservation.
SEC. 2901.

SHORT TITLE.
This title may be cited as the “Military Land Withdrawals Act of 2013”.
SEC. 2902.

DEFINITIONS.
In this title:
(1)

Indian tribe.—
The term “Indian tribe” has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(2)

Manage; management.—
(A)

Inclusions.—
The terms “manage” and “management” include the authority to exercise jurisdiction, custody, and control over the land withdrawn and reserved by this title.
(B)

Exclusions.—
The terms “manage” and “management” do not include authority for disposal of the land withdrawn and reserved by this title.
(3)

Secretary concerned.—
The term “Secretary concerned” has the meaning given the term in section 101(a) of title 10, United States Code.
Subtitle A—

General Provisions
SEC. 2911.

GENERAL APPLICABILITY; DEFINITIONS.
(a)

Applicability.—
This subtitle applies to each land withdrawal and reservation made by this title.
(b)

Rules of Construction.—
Nothing in this title assigns management of real property under the administrative jurisdiction of the Secretary concerned to the Secretary of the Interior.
SEC. 2912.

MAPS AND LEGAL DESCRIPTIONS.
(a)

Preparation of Maps and Legal Descriptions.—
As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall—
(1)
publish in the Federal Register a notice containing the legal descriptions of the land withdrawn and reserved by this title; and
(2)
file maps and legal descriptions of the land withdrawn and reserved by this title with—
(A)
the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate; and
(B)
the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives.
(b)

Legal Effect.—
The maps and legal descriptions filed under subsection (a)(2) shall have the same force and effect as if the maps and legal descriptions were included in this title, except that the Secretary of the Interior may correct any clerical and typographical errors in the maps and legal descriptions.
(c)

Availability.—
Copies of the maps and legal descriptions filed under subsection (a)(2) shall be available for public inspection—
(1)
in the appropriate offices of the Bureau of Land Management;
(2)
in the office of the commanding officer of the military installation for which the land is withdrawn; and
(3)
if the military installation is under the management of the National Guard, in the office of the Adjutant General of the State in which the military installation is located.
(d)

Costs.—
The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this section.
SEC. 2913.

ACCESS RESTRICTIONS.
(a)

Authority to Impose Restrictions.—
If the Secretary concerned determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of land withdrawn and reserved by this title, the Secretary may take such action as the Secretary determines to be necessary to implement and maintain the closure.
(b)

Limitation.—
Any closure under subsection (a) shall be limited to the minimum area and duration that the Secretary concerned determines are required for the purposes of the closure.
(c)

Consultation Required.—
(1)

In general.—
Subject to paragraph (3), before a closure is implemented under this section, the Secretary concerned shall consult with the Secretary of the Interior.
(2)

Indian tribe.—
Subject to paragraph (3), if a closure proposed under this section may affect access to or use of sacred sites or resources considered to be important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable date, with the affected Indian tribe.
(3)

Limitation.—
No consultation shall be required under paragraph (1) or (2)—
(A)
if the closure is provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a land use management plan; or
(B)
in the case of an emergency, as determined by the Secretary concerned.
(d)

Notice.—
Immediately preceding and during any closure implemented under subsection (a), the Secretary concerned shall post appropriate warning notices and take other appropriate actions to notify the public of the closure.
SEC. 2914.

CHANGES IN USE.
(a)

Other Uses Authorized.—
In addition to the purposes described in a subtitle of this title applicable to the land withdrawal and reservation made by that subtitle, the Secretary concerned may authorize the use of land withdrawn and reserved by this title for defense-related purposes.
(b)

Notice to Secretary of the Interior.—
(1)

In general.—
The Secretary concerned shall promptly notify the Secretary of the Interior if the land withdrawn and reserved by this title is used for additional defense-related purposes.
(2)

Requirements.—
A notification under paragraph (1) shall specify—
(A)
each additional use;
(B)
the planned duration of each additional use; and
(C)
the extent to which each additional use would require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted nondefense-related uses of the withdrawn and reserved land or portions of withdrawn and reserved land.
SEC. 2915.

BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION.
(a)

Required Activities.—
Consistent with any applicable land management plan, the Secretary concerned shall take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the land withdrawn and reserved by this title, including fires that occur on other land that spread from the withdrawn and reserved land.
(b)

Cooperation of Secretary of the Interior.—
(1)

In general.—
At the request of the Secretary concerned, the Secretary of the Interior shall provide assistance in the suppression of fires under subsection (a). The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in providing such assistance.
(2)

Transfer of funds.—
Notwithstanding section 2215 of title 10, United States Code, the Secretary concerned may transfer to the Secretary of the Interior, in advance, funds to be used to reimburse the costs of the Department of the Interior in providing assistance under this subsection.
SEC. 2916.

ONGOING DECONTAMINATION.
(a)

Program of Decontamination Required.—
During the period of a withdrawal and reservation of land under this title, the Secretary concerned shall maintain, to the extent funds are available to carry out this subsection, a program of decontamination of contamination caused by defense-related uses on the withdrawn land. The decontamination program shall be carried out consistent with applicable Federal and State law.
(b)

Annual Report.—
The Secretary of Defense shall include in the annual report required by section 2711 of title 10, United States Code, a description of decontamination activities conducted under subsection (a).
SEC. 2917.

WATER RIGHTS.
(a)

No Reservation of Water Rights.—
Nothing in this title—
(1)
establishes a reservation in favor of the United States with respect to any water or water right on the land withdrawn and reserved by this title; or
(2)
authorizes the appropriation of water on the land withdrawn and reserved by this title, except in accordance with applicable State law.
(b)

Effect on Previously Acquired or Reserved Water Rights.—
(1)

In general.—
Nothing in this section affects any water rights acquired or reserved by the United States before the date of enactment of this Act on the land withdrawn and reserved by this title.
(2)

Authority of secretary concerned.—
The Secretary concerned may exercise any water rights described in paragraph (1).
SEC. 2918.

HUNTING, FISHING, AND TRAPPING.
Section 2671 of title 10, United States Code, shall apply to all hunting, fishing, and trapping on the land—
(1)
that is withdrawn and reserved by this title; and
(2)
for which management of the land has been assigned to the Secretary concerned.
SEC. 2919.

LIMITATION ON EXTENSIONS AND RENEWALS.
The withdrawals and reservations established under this title may not be extended or renewed except by a law enacted after the date of enactment of this Act.
SEC. 2920.

APPLICATION FOR RENEWAL OF A WITHDRAWAL AND RESERVATION.
To the extent practicable, not later than five years before the date of termination of a withdrawal and reservation made by a subtitle of this title, the Secretary concerned shall—
(1)
notify the Secretary of the Interior as to whether the Secretary concerned will have a continuing defense-related need for any of the land withdrawn and reserved by that subtitle after the termination date of the withdrawal and reservation; and
(2)
transmit a copy of the notice submitted under paragraph (1) to—
(A)
the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate; and
(B)
the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives.
SEC. 2921.

LIMITATION ON SUBSEQUENT AVAILABILITY OF LAND FOR APPROPRIATION.
On the termination of a withdrawal and reservation made by this title, the previously withdrawn land shall not be open to any form of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, unless the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date on which the land shall be—
(1)
restored to the public domain; and
(2)
opened for appropriation under the public land laws.
SEC. 2922.

RELINQUISHMENT.
(a)

Notice of Intention To Relinquish.—
If, during the period of withdrawal and reservation made by a subtitle of this title, the Secretary concerned decides to relinquish any or all of the land withdrawn and reserved by that subtitle, the Secretary concerned shall submit to the Secretary of the Interior notice of the intention to relinquish the land.
(b)

Determination of Contamination.—
The Secretary concerned shall include in the notice submitted under subsection (a) a written determination concerning whether and to what extent the land that is to be relinquished is contaminated with explosive materials or toxic or hazardous substances.
(c)

Public Notice.—
The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish the land under this section, including the determination concerning the contaminated state of the land.
(d)

Decontamination of Land To Be Relinquished.—
(1)

Decontamination required.—
The Secretary concerned shall decontaminate land subject to a notice of intention under subsection (a) to the extent that funds are appropriated for that purpose, if—
(A)
the land subject to the notice of intention is contaminated, as determined by the Secretary concerned; and
(B)
the Secretary of the Interior, in consultation with the Secretary concerned, determines that—
(i)
decontamination is practicable and economically feasible, after taking into consideration the potential future use and value of the contaminated land; and
(ii)
on decontamination of the land, the land could be opened to operation of some or all of the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws.
(2)

Alternatives to relinquishment.—
The Secretary of the Interior shall not be required to accept the land proposed for relinquishment under subsection (a), if—
(A)
the Secretary of the Interior, after consultation with the Secretary concerned, determines that—
(i)
decontamination of the land is not practicable or economically feasible; or
(ii)
the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws; or
(B)
sufficient funds are not appropriated for the decontamination of the land.
(3)

Status of contaminated land on termination.—
If, because of the contaminated state of the land, the Secretary of the Interior declines to accept land withdrawn and reserved by this title that has been proposed for relinquishment, or if at the expiration of the withdrawal and reservation, the Secretary of the Interior determines that a portion of the land withdrawn and reserved is contaminated to an extent that prevents opening the contaminated land to operation of the public land laws—
(A)
the Secretary concerned shall take appropriate steps to warn the public of—
(i)
the contaminated state of the land; and
(ii)
any risks associated with entry onto the land;
(B)
after the expiration of the withdrawal and reservation, the Secretary concerned shall undertake no activities on the contaminated land, except for activities relating to the decontamination of the land; and
(C)
the Secretary concerned shall submit to the Secretary of the Interior and Congress a report describing—
(i)
the status of the land; and
(ii)
any actions taken under this paragraph.
(e)

Revocation Authority.—
(1)

In general.—
If the Secretary of the Interior determines that it is in the public interest to accept the land proposed for relinquishment under subsection (a), the Secretary of the Interior may order the revocation of a withdrawal and reservation made by this title.
(2)

Revocation order.—
To carry out a revocation under paragraph (1), the Secretary of the Interior shall publish in the Federal Register a revocation order that—
(A)
terminates the withdrawal and reservation;
(B)
constitutes official acceptance of the land by the Secretary of the Interior; and
(C)
specifies the date on which the land will be opened to the operation of some or all of the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws.
(f)

Acceptance by Secretary of the Interior.—
(1)

In general.—
Nothing in this section requires the Secretary of the Interior to accept the land proposed for relinquishment if the Secretary determines that the land is not suitable for return to the public domain.
(2)

Notice.—
If the Secretary makes a determination that the land is not suitable for return to the public domain, the Secretary shall provide notice of the determination to Congress.
SEC. 2923.

IMMUNITY OF THE UNITED STATES.
The United States and officers and employees of the United States shall be held harmless and shall not be liable for any injuries or damages to persons or property incurred as a result of any mining or mineral or geothermal leasing activity or other authorized nondefense-related activity conducted on land withdrawn and reserved by this title.
Subtitle B—

Limestone Hills Training Area, Montana
SEC. 2931.

WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
(a)

Withdrawal.—
Subject to valid existing rights and except as otherwise provided in this subtitle, the public land (including interests in land) described in subsection (b), and all other areas within the boundaries of the land as depicted on the map referred to in such subsection that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws.
(b)

Description of Land.—
The public land (including interests in land) referred to in subsection (a) is the Federal land comprising approximately 18,964 acres in Broadwater County, Montana, generally depicted as “Limestone Hills Training Area Land Withdrawal” on the map entitled “Limestone Hills Training Area Land Withdrawal”, dated May 11, 2017, and filed in accordance with section 2912.
(c)

Reservation; Purpose.—
Subject to the limitations and restrictions contained in section 2933, the public land withdrawn by subsection (a) is reserved for use by the Secretary of the Army for the following purposes:
(1)
The conduct of training for active and reserve components of the Armed Forces.
(2)
The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training.
(3)
The conduct of training by the Montana Department of Military Affairs, provided that the training does not interfere with the purposes specified in paragraphs (1) and (2).
(4)
The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, provided that the training does not interfere with the purposes specified in paragraphs (1) and (2).
(5)
Other defense-related purposes consistent with the preceding purposes.
(d)

Indian Tribes.—
(1)

In general.—
Nothing in this subtitle alters any rights reserved for an Indian tribe for tribal use of the public land withdrawn by subsection (a) by treaty or Federal law.
(2)

Consultation required.—
The Secretary of the Army shall consult with any Indian tribes in the vicinity of the public land withdrawn by subsection (a) before taking any action within the public land affecting tribal rights or cultural resources protected by treaty or Federal law.
SEC. 2932.

MANAGEMENT OF WITHDRAWN AND RESERVED LAND.
During the period of the withdrawal and reservation of land made by section 2931, the Secretary of the Army shall manage the land withdrawn and reserved by such section for the purposes described in subsection (c) of such section—
(1)
subject to the limitations and restrictions contained in section 2933; and
(2)
in accordance with—
(A)
an integrated natural resources management plan prepared and implemented under title I of the Sikes Act (16 U.S.C. 670a et seq.);
(B)
subtitle A and this subtitle; and
(C)
other applicable law.
SEC. 2933.

SPECIAL RULES GOVERNING MINERALS MANAGEMENT.
(a)

Indian Creek Mine.—
(1)

In general.—
Of the land withdrawn by section 2931, locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM-78300, shall be regulated in accordance with subparts 3715 and 3809 of title 43, Code of Federal Regulations.
(2)

Restrictions on secretary of the army.—
(A)

In general.—
The Secretary of the Army shall make no determination that the disposition of, or exploration for, minerals as provided for in the approved plan of operations described in paragraph (1) is inconsistent with the defense-related uses of the land withdrawn under section 2931.
(B)

Coordination.—
The coordination of the disposition of and exploration for minerals with defense-related uses of the land shall be determined in accordance with procedures in an agreement provided for under subsection (c).
(b)

Removal of Unexploded Ordnance on Land to Be Mined.—
(1)

Removal activities.—
(A)

In general.—
Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on land withdrawn by section 2931 that is subject to mining under subsection (a), consistent with applicable Federal and State law.
(B)

Phases.—
The Secretary of the Army may provide for the removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine under subsection (a).
(2)

Report on removal activities.—
(A)

In general.—
The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding any unexploded ordnance removal activities conducted during the previous fiscal year in accordance with this subsection.
(B)

Inclusions.—
The report under this paragraph shall include—
(i)
a description of the amounts expended for unexploded ordnance removal on the withdrawn land during the period covered by the report; and
(ii)
the identification of the land cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior.
(c)

Implementation Agreement for Mining Activities.—
(1)

In general.—
The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with respect to the coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance.
(2)

Duration.—
The duration of the agreement shall be equal to the period of the withdrawal under section 2936, but may be amended from time to time.
(3)

Requirements.—
The agreement shall provide the following:
(A)
That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM-78300, shall be invited to be a party to the agreement.
(B)
Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area.
(C)
Provisions addressing periods during which military and other authorized uses of the withdrawn land will occur.
(D)
Provisions regarding when and where military use or training with explosive material will occur.
(E)
Provisions regarding the scheduling of training activities conducted within the withdrawn land that restrict mining activities.
(F)
Procedures for deconfliction with mining operations, including parameters for notification and resolution of anticipated changes to the schedule.
(G)
Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area.
(H)
Procedures for scheduling of the removal of unexploded ordnance.
(d)

Existing Memorandum of Agreement.—
Until the date on which the agreement under subsection (c) becomes effective, the compatible joint use of the land withdrawn and reserved by section 2931 shall be governed, to the extent compatible, by the terms of the 2005 Memorandum of Agreement among the Montana Army National Guard, Graymont Western US, Inc., and the Bureau of Land Management.
SEC. 2934.

GRAZING.
(a)

Issuance and Administration of Permits and Leases.—
The Secretary of the Interior shall manage the issuance and administration of grazing permits and leases, including the renewal of permits and leases, on the public land withdrawn by section 2931, consistent with all applicable laws (including regulations) and policies of the Secretary of the Interior relating to the permits and leases.
(b)

Safety Requirements.—
With respect to any grazing permit or lease issued after the date of enactment of this Act for land withdrawn by section 2931, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that—
(1)
are consistent with Department of the Army explosive and range safety standards; and
(2)
provide for the safe use of the withdrawn land.
(c)

Assignment.—
With the agreement of the Secretary of the Army, the Secretary of the Interior may assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that the assignment may not include the authority to discontinue grazing on the land withdrawn by section 2931.
SEC. 2935.

PAYMENTS IN LIEU OF TAXES.
The land withdrawn by section 2931 is deemed to be entitlement land for purposes of chapter 69 of title 31, United States Code.
SEC. 2936.

DURATION OF WITHDRAWAL AND RESERVATION.
The withdrawal and reservation of public land made by section 2931 shall terminate on March 31, 2039.
Subtitle C—

Marine Corps Air Ground Combat Center Twentynine Palms, California
SEC. 2941.

WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
(a)

Withdrawal.—
Subject to valid existing rights and except as otherwise provided in this subtitle, the public land (including interests in land) described in subsection (b), and all other areas within the boundary of the land depicted on the map described in such subsection that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws.
(b)

Description of Land.—
The public land (including interests in land) referred to in subsection (a) is the Federal land comprising approximately 150,928 acres in San Bernardino County, California, generally depicted on the map titled “MCAGCC 29 Palms Expansion Map-Johnson Valley Off Highway Vehicle Recreation Area”, dated December 5, 2013, and filed in accordance with section 2912, which is divided into the following two areas:
(1)
The Exclusive Military Use Area (in this subtitle referred to as the “Exclusive Military Use Area”), consisting of the following two areas:
(A)
One area to the west of the Marine Corps Air Ground Combat Center, consisting of approximately 78,993 acres.
(B)
One area south of the Marine Corps Air Ground Combat Center, consisting of approximately 18,704 acres.
(2)
The Shared Use Area (in this subtitle referred to as the “Shared Use Area”), consisting of approximately 53,231 acres.
(c)

Reservation for Secretary of the Navy; Purposes.—
The Exclusive Military Use Area is reserved for use by the Secretary of the Navy for the following purposes:
(1)
Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air ground task forces.
(2)
Individual and unit live-fire training ranges.
(3)
Equipment and tactics development.
(4)
Other defense-related purposes that are—
(A)
consistent with the purposes described in the preceding paragraphs; and
(B)
authorized under section 2914.
(d)

Reservation for Secretary of the Interior; Purposes.—
The Shared Use Area is reserved—
(1)
for use by the Secretary of the Navy for the purposes described in subsection (c); and
(2)
for use by the Secretary of the Interior for the following purposes:
(A)
Public recreation—
(i)
during any period in which the land is not being used for military training; and
(ii)
as determined to be suitable for public use.
(B)
Natural resources conservation.
(e)

Adjustment.—
The boundary of the Exclusive Military Use Area at Emerson Ridge provided in subsection (b)(1) shall be located in such as manner so as to ensure access to the pass northwest of the ridge for purposes described in subsection (d).
SEC. 2942.

MANAGEMENT OF WITHDRAWN AND RESERVED LAND.
(a)

Management by the Secretary of the Navy; Condition.—
(1)

In general.—
Except as provided in subsection (b), during the period of withdrawal and reservation of land made by section 2941, the Secretary of the Navy shall manage the land withdrawn and reserved by such section for the purposes described in subsection (c) of such section in accordance with—
(A)
an integrated natural resources management plan prepared and implemented under title I of the Sikes Act (16 U.S.C. 670a et seq.);
(B)
subtitle A and this subtitle;
(C)
a programmatic agreement between the Marine Corps and the California State Historic Preservation Officer regarding operation, maintenance, training, and construction at the United States Marine Air Ground Task Force Training Command, Marine Corps Air Ground Combat Center, Twentynine Palms, California; and
(D)
any other applicable law.
(2)

Live-fire training.—
The boundary of the Exclusive Military Use Area described in section 2941 shall be clearly identified before the Exclusive Military Use Area is used for any live-fire military training. The Secretary of the Navy shall ensure the military boundary is maintained.
(b)

Management by the Secretary of the Interior; Exception.—
(1)

Secretary of the interior management.—
(A)

In general.—
Except as provided in paragraph (2), during the period of withdrawal and reservation of land made by section 2941, the Secretary of the Interior shall manage the Shared Use Area.
(B)

Applicable law.—
During the period of the management by the Secretary of the Interior under this paragraph, the Secretary of the Interior shall manage the Shared Use Area for the purposes described in subsection (d) of section 2941 in accordance with—
(i)
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(ii)
any other applicable law.
(2)

Secretary of the navy management.—
(A)

Exception.—
Twice a year during the period of withdrawal and reservation of land by this section, there shall be a 30-day period during which the Secretary of the Navy shall—
(i)
manage the Shared Use Area; and
(ii)
exclusively use the Shared Use Area for military training purposes.
(B)

Applicable law.—
During the period of the management by the Secretary of the Navy under this paragraph, the Secretary of the Navy shall manage the Shared Use Area for the purposes described in subsection (c) of section 2941 in accordance with—
(i)
an integrated natural resources management plan prepared and implemented in accordance with title I of the Sikes Act (16 U.S.C. 670a et seq.);
(ii)
subtitle A and this subtitle;
(iii)
the programmatic agreement described in subsection (a)(3); and
(iv)
any other applicable law.
(C)

Limitation.—
The Secretary of the Navy shall prohibit the firing of dud-producing ordnance into the Shared Use Area.
(D)

Public notice.—
Not later than one year before the date on which a 30-day period of Secretary of the Navy management of the Shared Use Area commences, the Secretary of the Navy, acting through the Resource Management Group established pursuant to section 2944, shall notify the public of such date of commencement and the intention of the Armed Forces to use the Shared Use Area for military training purposes. The Secretary of the Navy, upon notice to the Secretary of the Interior, may waive such public notice in the event of an emergent military training requirement.
(c)

Implementation Agreement.—
(1)

In general.—
The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement the management responsibilities of the respective Secretaries with respect to the Shared Use Area.
(2)

Components.—
The agreement entered into under paragraph (1)—
(A)
shall be of a duration that is equal to the period of the withdrawal and reservation of land under section 2941;
(B)
may be amended from time to time;
(C)
may provide for the integration of the management plans required of the Secretary of the Interior and the Secretary of the Navy;
(D)
may provide for delegation, to civilian law enforcement personnel of the Department of the Navy, of the authority of the Secretary of the Interior to enforce laws relating to protection of natural and cultural resources and fish and wildlife; and
(E)
may provide for the Secretary of the Interior and the Secretary of the Navy to share resources so as to most efficiently and effectively manage the Shared Use Area.
(3)

Linkage.—
The Secretary of the Interior shall ensure access is provided between the two non-contiguous Johnson Valley Off-Highway Vehicle Recreation Area parcels described in section 2945.
(d)

Military Training.—
(1)

Not conditional.—
Military training within the Shared Use Area shall not be conditioned on—
(A)
the existence of, or precluded by the lack of, a recreation management plan or land use management plan for the area developed and implemented by the Secretary of the Interior; or
(B)
the existence of any legal or administrative challenge to such a recreation management plan or land use plan.
(2)

Management.—
(A)

Use agreement.—
The Secretary of the Interior shall enter into an agreement with the Secretary of the Navy within one year of the date of the enactment of this Act for the exclusive use by the Marine Corps of two company objective areas, each measuring approximately 300 meters square (approximately 22 acres), located inside the boundaries of the Shared Use Area and totaling approximately 44 acres. These areas will be closed to all public access for the period of the withdrawal specified in section 2946. The purpose of this agreement will be to accommodate the construction, maintenance, modification, and use of these areas for the purposes identified in section 2941(c).
(B)

Range management.—
Small, static, short-range explosives may be used in the two company objective areas described in subparagraph (A). Explosives that fail to function in the company objective areas will be immediately identified and located, training will temporarily halt, and on-scene explosive ordnance disposal personnel will render the munition safe before training resumes. Existing Marine Corps range safety policies and procedures as identified in Marine Corps Order 3570.1X will be followed to ensure all munitions are rendered safe and the area will again be swept after the training exercise by qualified personnel to further ensure no hazards remain.
(C)

Access.—
The Shared Use Area shall be managed in a manner that does not compromise the ability of the Navy to conduct military training in such area.
SEC. 2943.

PUBLIC ACCESS.
(a)

In General.—
Notwithstanding section 2913, the Exclusive Military Use Area shall be closed to all public access unless otherwise authorized by the Secretary of the Navy.
(b)

Public Recreational Use.—
(1)

In general.—
The Shared Use Area shall be open to public recreational use during the period in which the area is under the management of the Secretary of the Interior, if there is a determination by the Secretary of the Navy that the area is suitable for public use.
(2)

Determination.—
A determination of suitability under paragraph (1) shall not be withheld without a specified reason.
(c)

Utilities.—
Nothing in this subtitle prohibits the construction, operation, maintenance, inspection, and access to existing or future utility facilities located within a utility right of way in existence on the date of the enactment of this Act.
SEC. 2944.

RESOURCE MANAGEMENT GROUP.
(a)

Establishment.—
The Secretary of the Navy and the Secretary of the Interior, by agreement, shall establish a Resource Management Group for the land withdrawn and reserved by section 2941 to be comprised of representatives of the Department of the Interior and the Department of the Navy.
(b)

Duties.—
(1)

In general.—
The Resource Management Group shall—
(A)
develop and implement a public outreach plan to inform the public of the land uses changes and safety restrictions affecting the land withdrawn and reserved by section 2941; and
(B)
advise the Secretary of the Interior and the Secretary of the Navy with respect to the issues associated with the multiple uses of the Shared Use Area.
(2)

Siting process.—
The Resource Management Group shall determine the location of the company objective areas. In siting the two areas, the Resource Management Group will seek information from representatives of relevant State agencies, Off Highway Vehicle and other recreation interest groups, and environmental advocacy groups. The Resource Management Group shall consider potential recreational and conservation uses of the area when making their location determination.
(c)

Meetings.—
The Resource Management Group shall—
(1)
meet at least once a year; and
(2)
solicit input from relevant State agencies, private off-highway vehicle interest groups, event managers, environmental advocacy groups, and others relating to the management and facilitation of recreational use within the Shared Use Area.
SEC. 2945.

JOHNSON VALLEY OFF-HIGHWAY VEHICLE RECREATION AREA.
(a)

Designation.—
There is hereby designated the “Johnson Valley Off-Highway Vehicle Recreation Area”, consisting of—
(1)
43,431 acres (as depicted on the map referred to in subsection (b) of section 2941) of the existing Bureau of Land Management-designated Johnson Valley Off-Highway Vehicle Area that is not withdrawn and reserved for defense-related uses by such section; and
(2)
The Shared Use Area.
(b)

Authorized Activities.—
To the extent consistent with applicable Federal law (including regulations) and this subtitle, any authorized recreation activities and use designation in effect on the date of enactment of this Act and applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may continue, including casual off-highway vehicular use and recreation.
(c)

Administration.—
The Secretary of the Interior shall administer the Johnson Valley Off-Highway Vehicle Recreation Area (other than the Shared Use Area, which is being managed in accordance with the other provisions of this subtitle) in accordance with—
(1)
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(2)
any other applicable law.
(d)

Transit.—
In coordination with the Secretary of the Interior, the Secretary of the Navy may authorize transit through the Johnson Valley Off-Highway Vehicle Recreation Area for defense-related purposes supporting military training (including military range management and management of exercise activities) conducted on the land withdrawn and reserved by section 2941.
SEC. 2946.

DURATION OF WITHDRAWAL AND RESERVATION.
The withdrawal and reservation of public land made by section 2941 shall terminate on March 31, 2039.
Subtitle D—

White Sands Missile Range, New Mexico, and Fort Bliss, Texas
SEC. 2951.

WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
(a)

Withdrawal.—
Subject to valid existing rights, the Federal land described in subsection (b) is withdrawn from—
(1)
entry, appropriation, and disposal under the public land laws;
(2)
location, entry, and patent under the mining laws; and
(3)
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(b)

Description of Federal Land.—
The Federal land referred to in subsection (a) consists of approximately 5,100 acres of land depicted as “Parcel 1” on the map entitled “White Sands Missile Range/Fort Bliss/BLM Land Transfer and Withdrawal”, dated April 3, 2012, and filed in accordance with section 2912.
(c)

Reservation.—
The Federal land described in subsection (b) is reserved for use by the Secretary of the Army for military purposes in accordance with Public Land Order 833, dated May 27, 1952 (17 Fed. Reg. 4822).
SEC. 2952.

GRAZING.
(a)

Issuance and Administration of Permits and Leases.—
The Secretary of the Interior shall manage the issuance and administration of grazing permits and leases, including the renewal of permits and leases, on the public land withdrawn by section 2951, consistent with all applicable laws (including regulations) and policies of the Secretary of the Interior relating to the permits and leases.
(b)

Safety Requirements.—
With respect to any grazing permit or lease issued after the date of enactment of this Act for land withdrawn by section 2951, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that—
(1)
are consistent with Department of the Army explosive and range safety standards; and
(2)
provide for the safe use of the withdrawn land.
(c)

Assignment.—
With the agreement of the Secretary of the Army, the Secretary of the Interior may assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that the assignment may not include the authority to discontinue grazing on the land withdrawn by section 2951.
Subtitle E—

Chocolate Mountain Aerial Gunnery Range, California
SEC. 2961.

TRANSFER OF ADMINISTRATIVE JURISDICTION OF PUBLIC LAND.
(a)

Transfer Required.—
The Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management in Imperial and Riverside Counties, California, consisting of approximately 228,324 acres, as generally depicted on the map titled “Chocolate Mountain Aerial Gunnery Range-Administration’s Land Withdrawal Legislation Proposal Map”, dated October 30, 2013, and filed in accordance with subsection (d).
(b)

Valid Existing Rights.—
The transfer of administrative jurisdiction under subsection (a) shall be subject to any valid existing rights, including any property, easements, or improvements held by the Bureau of Reclamation and appurtenant to the Coachella Canal. The Secretary of the Navy shall provide for reasonable access by the Bureau of Reclamation for inspection and maintenance purposes not inconsistent with military training.
(c)

Time for Conveyance.—
The transfer of administrative jurisdiction under subsection (a) shall occur pursuant to a schedule agreed to by the Secretary of the Interior and the Secretary of the Navy.
(d)

Map and Legal Description.—
(1)

Preparation and publication.—
The Secretary of the Interior shall publish in the Federal Register a legal description of the public land to be transferred under subsection (a).
(2)

Submission to congress.—
The Secretary of the Interior shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives—
(A)
a copy of the legal description prepared under paragraph (1); and
(B)
the map referred to in subsection (a).
(3)

Availability for public inspection.—
Copies of the legal description and map filed under paragraph (2) shall be available for public inspection in the appropriate offices of—
(A)
the Bureau of Land Management;
(B)
the Office of the Commanding Officer, Marine Corps Air Station Yuma, Arizona;
(C)
the Office of the Commander, Navy Region Southwest; and
(D)
the Office of the Secretary of the Navy.
(4)

Force of law.—
The legal description and map filed under paragraph (2) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the legal description or map.
(5)

Reimbursement of costs.—
The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to prepare the legal description and map under this subsection.
SEC. 2962.

MANAGEMENT AND USE OF TRANSFERRED LAND.
(a)

Treatment and Use of Transferred Land.—
Upon the receipt of the land under section 2961—
(1)
the land shall be treated as property (as defined in section 102(9) of title 40, United States Code) under the administrative jurisdiction of the Secretary of the Navy; and
(2)
the Secretary of the Navy shall administer the land as the Chocolate Mountain Aerial Gunnery Range, California, and continue to authorize use of the land for military purposes.
(b)

Protection of Desert Tortoise.—
Nothing in the transfer required by section 2961 shall affect the prior designation of certain lands within the Chocolate Mountain Aerial Gunnery Range as critical habitat for the desert tortoise (Gopherus Agassizii).
(c)

Withdrawal of Mineral Estate.—
Subject to valid existing rights, the mineral estate of the land to be transferred under section 2961 is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and geothermal leasing laws, for as long as the land is under the administrative jurisdiction of the Secretary of the Navy.
(d)

Integrated Natural Resources Management Plan.—
Not later than one year after the transfer of the land under section 2961, the Secretary of the Navy, in cooperation with the Secretary of the Interior, shall prepare an integrated natural resources management plan pursuant to the Sikes Act (16 U.S.C. 670a et seq.) for the transferred land and for land that, as of the date of the enactment of this Act, is under the jurisdiction of the Secretary of the Navy underlying the Chocolate Mountain Aerial Gunnery Range.
(e)

Relation to General Provisions.—
Subtitle A does not apply to the land transferred under section 2961 or to the management of such land as provided for in this subtitle.
SEC. 2963.

EFFECT OF TERMINATION OF MILITARY USE.
(a)

Notice and Effect.—
Upon a determination by the Secretary of the Navy that there is no longer a military need for all or portions of the land transferred under section 2961, the Secretary of the Navy shall notify the Secretary of the Interior of such determination. Subject to subsections (b), (c), and (d), the Secretary of the Navy shall transfer the land subject to such a notice back to the administrative jurisdiction of the Secretary of the Interior.
(b)

Contamination.—
Before transmitting a notice under subsection (a), the Secretary of the Navy shall prepare a written determination concerning whether and to what extent the land to be transferred is contaminated with explosive materials or toxic or hazardous substances. A copy of the determination shall be transmitted with the notice. Copies of the notice and the determination shall be published in the Federal Register.
(c)

Decontamination.—
The Secretary of the Navy shall decontaminate any contaminated land that is the subject of a notice under subsection (a) if—
(1)
the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that—
(A)
decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land); and
(B)
upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws; and
(2)
funds are appropriated for such decontamination.
(d)

Alternative.—
The Secretary of the Interior is not required to accept land proposed for transfer under subsection (a) if the Secretary of the Interior is unable to make the determinations under subsection (c)(1) or if Congress does not appropriate a sufficient amount of funds for the decontamination of the land.
SEC. 2964.

TEMPORARY EXTENSION OF EXISTING WITHDRAWAL PERIOD.
Notwithstanding subsection (a) of section 806 of the California Military Lands Withdrawal and Overflights Act of 1994 (title VIII of Public Law 103-433; 108 Stat. 4505), the withdrawal and reservation of the land transferred under section 2961 shall not terminate until the date on which the land transfer required by section 2961 is executed.
SEC. 2965.

WATER RIGHTS.
(a)

No Reservation of Water Rights.—
Nothing in this subtitle—
(1)
establishes a reservation in favor of the United States with respect to any water or water right on the land transferred by this subtitle; or
(2)
to authorize the appropriation of water on the land transferred by this subtitle except in accordance with applicable State law.
(b)

Effect on Previously Acquired or Reserved Water Rights.—
(1)

In general.—
Nothing in this subtitle affects any water rights acquired or reserved by the United States before the date of enactment of this Act on the land transferred by this subtitle.
(2)

Authority of secretary.—
The Secretary of the Navy may exercise any water rights described in paragraph (1).
SEC. 2966.

REALIGNMENT OF RANGE BOUNDARY AND RELATED TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a)

Realignment; Purpose.—
The Secretary of the Interior and the Secretary of the Navy shall realign the boundary of the Chocolate Mountain Aerial Gunnery Range, as in effect on the date of the enactment of this Act, to improve public safety and management of the Range, consistent with the following:
(1)
The northwestern boundary of the Chocolate Mountain Aerial Gunnery Range shall be realigned to the edge of the Bradshaw Trail so that the Trail is entirely on public land under the jurisdiction of the Department of the Interior.
(2)
The centerline of the Bradshaw Trail shall be delineated by the Secretary of the Interior in consultation with the Secretary of the Navy, beginning at its western terminus at Township 8 South, Range 12 East, Section 6 eastward to Township 8 South, Range 17 East, Section 32 where it leaves the Chocolate Mountain Aerial Gunnery Range.
(3)
The Secretary of the Navy shall relinquish to the Secretary of the Interior the approximately 2,000 acres of public land withdrawn for military use that is located immediately north of the Bradshaw Trail, and the Secretary of the Interior shall manage the land in accordance with the applicable land use plan developed under section of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
(b)

Transfers Related to Realignment.—
(1)

Transfers to reflect boundary realignment.—
The Secretary of the Interior and the Secretary of the Navy shall make such transfers of administrative jurisdiction as may be necessary to reflect the results of the boundary realignment carried out pursuant to subsection (a).
(2)

Bradshaw trail management.—
The approximately 600 acres of land north of the Bradshaw Trail identified as fee-owned lands available for disposal may be used to establish a maximum number of acres of land that the Secretary of the Navy may transfer to the administrative jurisdiction of the Secretary of the Interior in order to improve management of the Bradshaw Trail.
(c)

Applicability of National Environmental Policy Act of 1969.—
The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to any transfer of land made under subsection (b) or any decontamination actions undertaken in connection with such a transfer.
(d)

Decontamination.—
The Secretary of the Navy shall maintain, to the extent funds are available for such purpose and consistent with applicable Federal and State law, a program of decontamination of any contamination caused by defense-related uses on land transferred under subsection (b). The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of title 10, United States Code.
(e)

Timeline.—
The delineation of the Bradshaw Trail under subsection (a) and any transfer of land under subsection (b) shall occur pursuant to a schedule agreed to by the Secretary of the Interior and the Secretary of the Navy, but in no case later than two years after the date of the enactment of this Act.
Subtitle F—

Naval Air Weapons Station China Lake, California
SEC. 2971.

WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
(a)

Withdrawal.—
Subject to valid existing rights and except as otherwise provided in this subtitle, the public land (including interests in land) described in subsection (b), and all other areas within the boundary of the land depicted on the maps described in that subsection that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws, including the mining laws, and the mineral leasing laws.
(b)

Description of Land.—
(1)6

Initial withdrawal.—
The public land (including interests in land) referred to in subsection (a) is
^6
There are two paragraph (1)s’ and (2)s’ so in law. See amendments made by section 2841 of Public Law 114–92.
(1)
the Federal land located within the boundaries of the Naval Air Weapons Station China Lake, California, comprising approximately 1,045,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on the maps entitled “Naval Air Weapons Station China Lake Withdrawal—Renewal”, “North Range”, and “South Range”, dated March 18, 2013, and filed in accordance with section 2912;
(2)
approximately 7,556 acres of public land described at Public Law 88–46 and commonly known as the Cuddeback Lake Air Force Range; and
(3)
approximately 4,480 acres comprised of all the public lands within: Sections 31 and 32 of Township 29S, Range 43E; Sections 12, 13, 24, and 25 of Township 30S, Range 42E; and Section 5 and the northern half of Section 6 of Township 31S, Range 43E, Mount Diablo Meridian, in the county of San Bernardino in the State of California, (but excluding the parcel identified as “AF Fee Simple”) as depicted on the map entitled: “Cuddeback Area of the Golden Valley Proposed Wilderness Additions, June 2014”.
(2)6

Additional withdrawal.—
(A)

In general.—
Except as provided in subparagraph (B), the public land (including interests in land) referred to in subsection (a) also includes the approximately 21,060 acres of public land in San Bernardino County, California, identified as “Proposed Navy Land” on the map entitled “Proposed Navy Withdrawal”, dated March 10, 2015, and filed in accordance with section 2912.
(B)

Excluded lands.—
The withdrawal area referred to in subparagraph (A) specifically excludes section 36, township 29 south, range 43 east, San Bernardino meridian.
(C)

Existing rights and access.—
The withdrawal and reservation of public land pursuant to subparagraph (A) is subject to valid existing rights. The Secretary of the Navy shall ensure that the owners of the excluded private land identified in subparagraph (B) continue to have reasonable access to such land.
(c)

Reservation.—
The land withdrawn by subsection (a) is reserved for use by the Secretary of the Navy for the following purposes:
(1)
Use as a research, development, test, and evaluation laboratory.
(2)
Use as a range for air warfare weapons and weapon systems.
(3)
Use as a high-hazard testing and training area for aerial gunnery, rocketry, electronic warfare and countermeasures, tactical maneuvering and air support, and directed energy and unmanned aerial systems.
(4)
Geothermal leasing, development, and related power production activities.
(5)
Other defense-related purposes that are—
(A)
consistent with the purposes described in the preceding paragraphs; and
(B)
authorized under section 2914.
SEC. 2972.

MANAGEMENT OF WITHDRAWN AND RESERVED LAND.
(a)

Applicable Laws.—
Except as provided in section 2973, during the period of the withdrawal and reservation of land by section 2971, the Secretary of the Interior shall manage the land withdrawn and reserved by that section in accordance with—
(1)
subtitle A and this subtitle;
(2)
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(3)
any other applicable law.
(b)

Authorized Activities.—
To the extent consistent with applicable law and Executive orders, the land withdrawn by section 2971 may be managed in a manner that permits the following activities:
(1)
Grazing.
(2)
Protection of wildlife and wildlife habitat.
(3)
Preservation of cultural properties.
(4)
Control of predatory and other animals.
(5)
Recreation and education.
(6)
Prevention and appropriate suppression of brush and range fires resulting from non-military activities.
(7)
Geothermal leasing and development and related power production activities.
(c)

Nondefense Uses.—
All nondefense-related uses of the land withdrawn by this section (including the uses described in subsection (b)), shall be subject to any conditions and restrictions that the Secretary of the Interior and the Secretary of the Navy jointly determine to be necessary to permit the defense-related use of the land for the purposes described in this section.
(d)

Issuance of Leases and Other Instruments.—
(1)

In general.—
The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity that involves both—
(A)
the public land withdrawn and reserved by section 2971; and
(B)
any other land in the vicinity of the land withdrawn and reserved by section 2971 that is not under the administrative jurisdiction of the Secretary of the Navy.
(2)

Consent required.—
Subject to section 2974, any lease, easement, right-of-way, permit, license, or other instrument issued under paragraph (1) shall—
(A)
only be issued with the consent of the Secretary of the Navy; and
(B)
be subject to such conditions as the Secretary of the Navy may require with respect to the land withdrawn and reserved by section 2971.
SEC. 2973.

ASSIGNMENT OF MANAGEMENT RESPONSIBILITY TO SECRETARY OF THE NAVY.
(a)

Authority to Assign Management Responsibility.—
The Secretary of the Interior may assign the management responsibility, in whole or in part, for the land withdrawn and reserved by section 2971 to the Secretary of the Navy.
(b)

Applicable Law.—
On assignment of the management responsibility under subsection (a), the Secretary of the Navy shall manage the land in accordance with—
(1)
subtitle A and this subtitle;
(2)
title I of the Sikes Act (16 U.S.C. 670a et seq.);
(3)
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(4)
cooperative management arrangements entered into by the Secretary of the Interior and the Secretary of the Navy; and
(5)
any other applicable law.
SEC. 2974.

GEOTHERMAL RESOURCES.
(a)

Treatment of Existing Leases.—
Nothing in this subtitle affects—
(1)
geothermal leases issued by the Secretary of the Interior before the date of enactment of this Act; or
(2)
the responsibility of the Secretary of the Interior to administer and manage the leases described in paragraph (1) consistent with the provisions of this subtitle.
(b)

Authority of the Secretary of the Interior.—
Nothing in this subtitle or any other provision of law prohibits the Secretary of the Interior from issuing, subject to the concurrence of the Secretary of the Navy, and administering any lease under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and any other applicable law for the development and use of geothermal steam and associated geothermal resources on the land withdrawn and reserved by section 2971.
(c)

Applicable Law.—
Nothing in this subtitle affects the geothermal exploration and development authority of the Secretary of the Navy under section 2917 of title 10, United States Code, with respect to the land withdrawn and reserved by section 2971, except that the Secretary of the Navy shall obtain the concurrence of the Secretary of the Interior before taking action under section 2917 of title 10, United States Code.
(d)

Navy Contracts.—
On the expiration of the withdrawal and reservation of land under section 2971 or the relinquishment of the land, any Navy contract for the development of geothermal resources at Naval Air Weapons Station China Lake that is in effect on the date of the expiration or relinquishment shall remain in effect, except that the Secretary of the Interior, with the consent of the Secretary of the Navy, may offer to substitute a standard geothermal lease for the contract.
SEC. 2975.

WILD HORSES AND BURROS.
(a)

Management.—
The Secretary of the Navy—
(1)
shall be responsible for the management of wild horses and burros located on the land withdrawn and reserved by section 2971; and
(2)
may use helicopters and motorized vehicles for the management of wild horses and burros on such land.
(b)

Requirements.—
The activities authorized under subsection (a) shall be conducted in accordance with laws applicable to the management of wild horses and burros on public land.
(c)

Agreement.—
The Secretary of the Interior and the Secretary of the Navy shall enter into an agreement for the implementation of the management of wild horses and burros under this section.
SEC. 2976.

CONTINUATION OF EXISTING AGREEMENT.
The agreement between the Secretary of the Interior and the Secretary of the Navy entered into before the date of enactment of this Act under section 805 of the California Military Lands Withdrawal and Overflights Act of 1994 (Public Law 103-433; 108 Stat. 4503) shall continue in effect until the earlier of—
(1)
the date on which the Secretary of the Interior and the Secretary of the Navy enter into a new agreement to replace such section 805 agreement; or
(2)
the date that is one year after the date of enactment of this Act.
SEC. 2977.

MANAGEMENT PLANS.
(a)

Cooperation in Development of Management Plan.—
The Secretary of the Navy and the Secretary of the Interior shall update and maintain cooperative arrangements concerning land resources and land uses on the land withdrawn and reserved by section 2971.
(b)

Purpose.—
A cooperative arrangement entered into under subsection (a) shall focus on and apply to sustainable management and protection of the natural and cultural resources and environmental values found on the land withdrawn and reserved by section 2971, consistent with the defense-related purposes for which the land is withdrawn and reserved.
(c)

Comprehensive Land Use Management Plan.—
A cooperative arrangement entered into under subsection (a) shall include a comprehensive land use management plan that integrates and is consistent with any applicable law, including—
(1)
subtitle A and this subtitle;
(2)
title I of the Sikes Act (16 U.S.C. 670a et seq.); and
(3)
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(d)

Annual Review.—
The Secretary of the Navy and the Secretary of the Interior shall—
(1)
annually review the comprehensive land use management plan developed under subsection (c); and
(2)
update the comprehensive land use management plan as the Secretary of the Navy and the Secretary of the Interior determine to be necessary—
(A)
to respond to evolving management requirements; and
(B)
to complement the updates of other applicable land use and resource management and planning.
(e)

Implementing Agreement.—
(1)

In general.—
The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the comprehensive land use management plan developed under subsection (c).
(2)

Components.—
Such an implementation agreement—
(A)
shall be for a duration that is equal to the period of the withdrawal and reservation of land under section 2971; and
(B)
may be amended from time to time.
SEC. 2978.

TERMINATION OF PRIOR WITHDRAWALS.
(a)

Termination.—
Subject to subsection (b), the withdrawal and reservation under section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 (Public Law 103-433; 108 Stat. 4502) is terminated.
(b)

Limitation.—
Notwithstanding the termination under subsection (a), all rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Interior or the Secretary of the Navy with respect to the land withdrawn and reserved under section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 (Public Law 103-433; 108 Stat. 4502), unless inconsistent with the provisions of this subtitle, shall remain in force until modified, suspended, overruled, or otherwise changed by—
(1)
the Secretary of the Interior or the Secretary of the Navy (as applicable);
(2)
a court of competent jurisdiction; or
(3)
operation of law.
SEC. 2979.

DURATION OF WITHDRAWAL AND RESERVATION.
The withdrawal and reservation of public land made by section 2971 shall terminate on March 31, 2064.
Subtitle G—

Fallon Range Training Complex, Nevada
SEC. 2981.

WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
(a)

Withdrawal.—
(1)

Bombing ranges.—
Subject to valid rights in existence on the date of enactment of this subtitle, and except as otherwise provided in this subtitle, the land established as the B–16, B–17, B–19, and B–20 Ranges, as referred to in subsection (b), and all other areas within the boundary of such land as depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, which may become subject to the operation of the public land laws, are withdrawn from all forms of—
(A)
entry, appropriation, or disposal under the public land laws;
(B)
location, entry, and patent under the mining laws; and
(C)
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
(2)

Dixie valley training area.—
The land and interests in land within the boundaries established at the Dixie Valley Training Area, as referred to in subsection (b), are withdrawn from all forms of—
(A)
entry, appropriation, or disposal under the public land laws; and
(B)
location, entry, and patent under the mining laws.
(b)

Description of Land.—
The public land and interests in land withdrawn and reserved by this section comprise approximately 790,825 acres of land in Churchill County, Lyon County, Mineral County, Pershing County, and Nye County, Nevada, as generally depicted as “Proposed FRTC Modernization” and “Existing Navy Withdrawal Areas” on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill”, dated November 30, 2022, and filed in accordance with section 2912. The ranges in the Fallon Range Training Complex described in this subsection are identified as B–16, B–17, B–19, B–20, Dixie Valley Training Area and the Shoal Site.
(c)

Purpose of Withdrawal and Reservation.—
(1)

Bombing ranges.—
The land withdrawn by subsection (a)(1) is reserved for use by the Secretary of the Navy for—
(A)
aerial testing and training, bombing, missile firing, electronic warfare, tactical combat maneuvering, and air support;
(B)
ground combat tactical maneuvering and firing; and
(C)
other defense-related purposes that are—
(i)
consistent with the purposes specified in the preceding paragraphs; and
(ii)
authorized under section 2914.
(2)

Dixie valley training area.—
The land withdrawn by subsection (a)(2) is reserved for use by the Secretary of the Navy for—
(A)
aerial testing and training, electronic warfare, tactical combat maneuvering, and air support; and
(B)
ground combat tactical maneuvering.
(d)

Inapplicability of General Provisions.—
Notwithstanding section 2911(a) and except as otherwise provided in this subtitle, sections 2913 and 2914 shall not apply to the land withdrawn by subsection (a)(2).
SEC. 2982.

MANAGEMENT OF WITHDRAWN AND RESERVED LAND.
(a)

Management by the Secretary of the Navy.—
During the duration of the withdrawal under section 2981, the Secretary of the Navy shall manage the land withdrawn and reserved comprising the B–16, B–17, B–19, and B–20 Ranges for the purposes described in section 2981(c)—
(1)
in accordance with—
(A)
an integrated natural resources management plan prepared and implemented under title I of the Sikes Act (16 U.S.C. 670a et seq.);
(B)
a written agreement between the Secretary of the Navy and the Governor of Nevada that provides for a minimum of 15 days annually for big game hunting on portions of the B–17 Range consistent with military training requirements;
(C)
a programmatic agreement between the Secretary of the Navy and the Nevada State Historic Preservation Officer and other parties, as appropriate, regarding management of historic properties as the properties relate to operation, maintenance, training, and construction at the Fallon Range Training Complex;
(D)
written agreements between the Secretary of the Navy and affected Indian tribes and other stakeholders to accommodate access by Indian tribes and State and local governments to the B–16, B–17, B–19, and B–20 Ranges consistent with military training requirements and public safety;
(E)
a written agreement entered into by the Secretary of the Navy and affected Indian tribes that provides for regular, guaranteed access, consisting of a minimum of 4 days per month, for affected Indian tribes; and
(F)
any other applicable law; and
(2)
in a manner that—
(A)
provides that any portion of the land withdrawn by section 2981(a) that is located outside of the Weapons Danger Zone, as determined by the Secretary of the Navy, shall be relinquished to the Secretary of the Interior and managed under all applicable public land laws;
(B)
ensures that the Secretary of the Navy avoids target placement and training within—
(i)
biologically sensitive areas, as mapped in the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020; and
(ii)
to the maximum extent practicable, areas that have cultural, religious, and archaeological resources of importance to affected Indian tribes;
(C)
ensures that access is provided for special events, administrative, cultural, educational, wildlife management, and emergency management purposes; and
(D)
provides that within the B–17 Range the placement of air to ground ordnance targets shall be prohibited throughout the entirety of the withdrawal in the areas identified as the “Monte Cristo Range Protection Area” on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022.
(b)

Management by the Secretary of the Interior.—
(1)

In general.—
During the duration of the withdrawal under section 2981, the Secretary of the Interior shall manage the land withdrawn and reserved comprising the Dixie Valley Training Area and the Shoal Site for the applicable purposes described in section 2981(c) in accordance with—
(A)
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(B)
the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020;
(C)
this subtitle; and
(D)
any other applicable law.
(2)

Consultation with secretary of the navy.—
Prior to authorizing any use of the land comprising the Dixie Valley Training Area or Shoal Site withdrawn and reserved by section 2981, the Secretary of the Interior shall consult with the Secretary of the Navy. Such consultation shall include—
(A)
informing the Secretary of the Navy of the pending authorization request so that the Secretary of the Navy and the Secretary of the Interior may work together to preserve the training environment; and
(B)
prior to authorizing any installation or use of mobile or stationary equipment used to transmit and receive radio signals, obtaining permission from the Secretary of the Navy to authorize the use of such equipment.
(3)

Agreement.—
The Secretary of the Navy and the Secretary of the Interior shall enter into an agreement describing the roles and responsibilities of each Secretary with respect to the management and use of the Dixie Valley Training Area and Shoal Site to ensure no closure of an existing county road and no restrictions or curtailment on public access for the duration of the withdrawal while preserving the training environment and in accordance with this subsection.
(4)

Access.—
The land comprising the Dixie Valley Training Area withdrawn and reserved by section 2981(a)(2) shall remain open for public access for the duration of the withdrawal.
(5)

Authorized uses.—
Subject to applicable laws and policy, the following uses are permitted in the Dixie Valley Training Area for the duration of the withdrawal:
(A)
Livestock grazing.
(B)
Geothermal exploration and development west of State Route 121, as managed by the Bureau of Land Management in coordination with the Secretary of the Navy.
(C)
Exploration and development of salable minerals or other fluid or leasable minerals, as managed by the Bureau of Land Management in coordination with the Secretary of the Navy.
(6)

Infrastructure.—
The Secretary of the Navy and the Secretary of the Interior shall allow water and utility infrastructure within the Dixie Valley Training Area withdrawn by section 2981(a)(2) as described in sections 2995(a)(4) and 2996.
(c)

Limitation on Use of Land Prior to Completion of Commitments.—
(1)

In general.—
The Secretary of the Navy shall not make operational use of the expanded area of the B–16, B–17, or B–20 Ranges, as depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, that were not subject to previous withdrawals comprising the Fallon Range Training Complex which are withdrawn and reserved by section 2981 until the Secretary of the Navy and the Secretary of the Interior certify in writing to the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Indian Affairs of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives on the completion of the commitments pertaining to each range from the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, and the provisions of this subtitle. The Secretary of the Navy and the Secretary of the Interior may submit certifications for individual ranges to allow operational use of a specific range prior to completion of commitments related to other ranges.
(2)

Public access.—
Public access to the existing Pole Line Road shall be maintained until completion of construction of an alternate route as specified by section 2991(a)(2)(B).
(3)

Payment.—
Not later than 1 year after the date of enactment of this subtitle, subject to the availability of appropriations, from amounts appropriated to the Secretary of the Navy for operation and maintenance, the Secretary of the Navy shall transfer to Churchill County, Nevada, $20,000,000 for deposit in an account designated by Churchill County, Nevada, to resolve the loss of public access and multiple use within Churchill County, Nevada.
SEC. 2983.

ORDNANCE LANDING OUTSIDE TARGET AREAS.
The Secretary of the Navy, in the administration of an Operational Range Clearance program, shall ensure that tracked ordnance (bombs, missiles, and rockets) known to have landed outside a target area in the B–17 and B–20 Ranges is removed within 180 days of the event and, to the extent practicable, tracked ordnance known to have landed within the Monte Cristo Range Protection Area described in section 2982(a)(2)(D) shall be removed within 45 days of the event. The Secretary of the Navy shall report to the Fallon Range Training Complex Intergovernmental Executive Committee directed by section 3011(a)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885; 134 Stat. 4349) not less frequently than annually, instances in which ordnance land outside target areas and the status of efforts to clear such ordnance.
SEC. 2984.

RELATIONSHIP TO OTHER RESERVATIONS.
(a)

B–16 and B–20 Ranges.—
To the extent the withdrawal and reservation made by section 2981 for the B–16 and B–20 Ranges withdraws land currently withdrawn and reserved for use by the Bureau of Reclamation, the reservation made by section 2981 shall be the primary reservation for public safety management actions only, and the existing Bureau of Reclamation reservation shall be the primary reservation for all other management actions. The Secretary of the Navy shall enter into an agreement with the Secretary of the Interior to ensure continued access to the B–16 and B–20 Ranges by the Bureau of Reclamation to conduct management activities consistent with the purposes for which the Bureau of Reclamation withdrawal was established.
(b)

Shoal Site.—
The Secretary of Energy shall remain responsible and liable for the subsurface estate and all activities of the Secretary of Energy at the Shoal Site withdrawn and reserved by Public Land Order Number 2771, as amended by Public Land Order Number 2834.
SEC. 2985.

INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.
(a)

Preparation Required.—
(1)

Preparation; deadline.—
Within 2 years after the date of enactment of this subtitle, the Secretary of the Navy shall update the current integrated natural resources management plan for the land withdrawn and reserved by section 2981.
(2)

Coordination.—
The Secretary of the Navy shall prepare the integrated natural resources management plan in coordination with the Secretary of the Interior, the State of Nevada, Churchill County, Nevada, other impacted counties in the State of Nevada, and affected Indian tribes.
(b)

Resolution of Conflicts.—
(1)

In general.—
Any disagreement among the parties referred to in subsection (a) concerning the contents or implementation of the integrated natural resources management plan prepared under that subsection or an amendment to the management plan shall be resolved by the Secretary of the Navy, the Secretary of the Interior, and the State of Nevada, acting through—
(A)
the State Director of the Nevada State Office of the Bureau of Land Management;
(B)
the Commanding Officer of Naval Air Station Fallon, Nevada;
(C)
the State Director of the Nevada Department of Wildlife;
(D)
if appropriate, the Regional Director of the Pacific Southwest Region of the United States Fish and Wildlife Service; and
(E)
if appropriate, the Regional Director of the Western Region of the Bureau of Indian Affairs.
(2)

Consultation.—
Prior to the resolution of any conflict under paragraph (1), the Secretary of the Navy shall consult with the Intergovernmental Executive Committee in accordance with section 3011(a)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885; 134 Stat. 4349).
(c)

Elements of Plan.—
Subject to subsection (b), the integrated natural resources management plan under subsection (a)—
(1)
shall be prepared and implemented in accordance with the Sikes Act (16 U.S.C. 670 et seq.);
(2)
shall include provisions for—
(A)
proper management and protection of the natural resources of the land; and
(B)
sustainable use by the public of such resources to the extent consistent with the military purposes for which the land is withdrawn and reserved;
(3)
shall coordinate access with the Nevada Department of Wildlife to manage hunting, fishing, and trapping on the land where compatible with the military mission;
(4)
shall provide for livestock grazing and agricultural out-leasing on the land, if appropriate—
(A)
in accordance with section 2667 of title 10, United States Code; and
(B)
at the discretion of the Secretary of the Navy;
(5)
shall identify current test and target impact areas and related buffer or safety zones on the land;
(6)
shall provide that the Secretary of the Navy—
(A)
shall take necessary actions to prevent, suppress, manage, and rehabilitate brush and range fires occurring on land withdrawn or owned within the Fallon Range Training Complex and fires resulting from military activities outside the withdrawn or owned land of the Fallon Range Training Complex; and
(B)
notwithstanding section 2465 of title 10, United States Code—
(i)
may obligate funds appropriated or otherwise available to the Secretary of the Navy to enter into memoranda of understanding, cooperative agreements, and contracts for fire management; and
(ii)
shall reimburse the Secretary of the Interior for costs incurred under this paragraph;
(7)
shall provide that all gates, fences, and barriers constructed after the date of enactment of this subtitle shall be designed and erected, to the maximum extent practicable and consistent with military security, safety, and sound wildlife management use, to allow for wildlife access;
(8)
if determined appropriate by the Secretary of the Navy, the Secretary of the Interior, and the State of Nevada after review of any existing management plans applicable to the land, shall incorporate the existing management plans;
(9)
shall include procedures to ensure that—
(A)
the periodic reviews of the integrated natural resources management plan required by the Sikes Act (16 U.S.C. 670 et seq.) are conducted jointly by the Secretary of the Navy, the Secretary of the Interior, and the State of Nevada; and
(B)
affected counties and affected Indian tribes and the public are provided a meaningful opportunity to comment on any substantial revisions to the plan that may be proposed pursuant to such a review;
(10)
shall provide procedures to amend the integrated natural resources management plan as necessary;
(11)
shall allow access to, and ceremonial use of, Tribal sacred sites to the extent consistent with the military purposes for which the land is withdrawn and reserved by section 2981(a); and
(12)
shall provide for timely consultation with affected Indian tribes.
SEC. 2986.

USE OF MINERAL MATERIALS.
Notwithstanding any other provision of this subtitle or of the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.), the Secretary of the Navy may use sand, gravel, or similar mineral materials resources of the type subject to disposition under that Act from land withdrawn and reserved by this subtitle if use of such resources is required for construction needs on the land.
SEC. 2987.

TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES SURVEY.
(a)

Tribal Access Agreement.—
(1)

In general.—
Not later than 120 days after the date of enactment of this subtitle, the Secretary of the Navy and the Secretary of the Interior shall enter into an agreement with each affected Indian tribe for the purpose of establishing continued, regular, and timely access to the land withdrawn and reserved by section 2981, including all land subject to previous withdrawals under section 3011(a) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885), for cultural, religious, gathering and ceremonial uses by affected Indian tribes.
(2)

Access.—
The Secretary of the Navy shall—
(A)
provide access in accordance with the agreement entered into under paragraph (1); and
(B)
to the extent practicable and consistent with operational, safety, and security needs, seek to minimize notice from the affected Indian tribe and chaperoning requirements for Tribal access.
(3)

Resolution of conflicts.—
If an affected Indian tribe provides written comments to the Secretary of the Navy or the Secretary of the Interior proposing changes or additions to the agreement entered into under paragraph (1) and the proposals are not incorporated in the final agreement, the Secretary concerned shall—
(A)
respond in writing to the affected Indian tribe explaining a clear, identifiable rationale why the proposed change was not incorporated; and
(B)
share the written responses under subparagraph (A) with the Committee on Armed Services of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Indian Affairs of the Senate.
(b)

Ethnographic Study.—
The Secretary of the Navy, in consultation with the State of Nevada and appropriate Tribal governments, shall conduct an ethnographic study of the expanded Fallon Range Training Complex to assess the importance of that area to Indian tribes and the religious and cultural practices of those Indian tribes.
(c)

Cultural Resources Survey.—
(1)

Survey.—
The Secretary of the Navy, after consultation with affected Indian tribes and review of data, studies, and reports in the possession of such Indian tribes, shall conduct a cultural resources survey of the land withdrawn and reserved by section 2981 for each of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous surveys in support of the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, and previous withdrawals comprising the Fallon Range Training Complex that includes pedestrian field surveys and the inventory and identification of specific sites containing cultural, religious, and archaeological resources of importance to affected Indian tribes.
(2)

Results.—
Not later than 2 years after the date of enactment of this subtitle, the Secretary of the Navy shall provide the results of the survey conducted under paragraph (1) to affected Indian tribes for review and comment prior to concluding survey activities.
(3)

Inclusion in agreement.—
The agreement under subsection (a) shall include access to the specific sites identified by the survey conducted under paragraph (1) by affected Indian tribes, including proper disposition or protection of, and any requested access to, any identified burial sites, in accordance with the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).
(4)

Limitation on use of land prior to completion of survey.—
The Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex until the date of completion of the survey required by paragraph (1).
(d)

Participation of Affected Indian Tribes.—
In conducting an ethnographic study or cultural resources survey under subsection (b) or (c), the Secretary of the Navy shall coordinate with, and provide for the participation of, each applicable affected Indian tribe.
(e)

Agreement to Mitigate Adverse Effects.—
The Secretary of the Navy, the Secretary of the Interior, and affected Indian tribes shall enter into an agreement consistent with section 306108 of title 54, United States Code, that identifies actions to avoid, minimize, or mitigate adverse effects to sites identified in subsection (c), including adverse effects from noise. Using the results of surveys conducted under subsection (c), the Navy shall, in coordination with affected Indian tribes and to the extent practicable, avoid placing targets or other range infrastructure in culturally sensitive areas. The Navy shall avoid placement of targets in known sensitive habitat, cultural, or historic areas within the Monte Cristo Mountains.
(f)

Report.—
Not later than 1 year after the date on which each of the agreements required under this section have been entered into and the survey and study required under this section have been completed, the Secretary of the Navy and the Secretary of the Interior shall jointly submit to Congress a report describing—
(1)
the access protocols established by the agreement under subsection (a);
(2)
the results of the ethnographic study conducted under subsection (b);
(3)
the results of the cultural resources survey under subsection (c); and
(4)
actions to be taken to avoid, minimize, or mitigate adverse effects to sites on the land withdrawn and reserved by section 2981.
(g)

Public Availability.—
Information concerning the nature and specific location of a cultural resource shall be exempt from disclosure under section 552 of title 5 and any other law unless the Secretary of the Navy, in consultation with affected Indian tribes, determines that disclosure would—
(1)
further the purposes of this section;
(2)
not create risk of harm to or theft or destruction of the cultural resource or the site containing the cultural resource; and
(3)
be in accordance with other applicable laws.
SEC. 2988.

RESOLUTION OF WALKER RIVER PAIUTE TRIBE CLAIMS.
(a)

Payment to Tribe.—
Not later than 1 year after the date of enactment of this subtitle and subject to the availability of appropriations, the Secretary of the Navy shall transfer $20,000,000 of amounts appropriated to the Secretary of the Navy for operation and maintenance to an account designated by the Walker River Paiute Tribe (referred to in this section as the “Tribe”) to resolve the claims of the Tribe against the United States for the contamination, impairment, and loss of use of approximately 6,000 acres of land that is within the boundaries of the reservation of the Tribe.
(b)

Limitation on Use of Land Prior to Completion of Payment.—
The Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the amount is transferred under subsection (a).
(c)

Additional Trust Land.—
(1)

Environmental site assessment.—
Not later than 1 year after the date of enactment of this subtitle and prior to taking the land described in paragraph (4) into trust for the benefit of the Tribe under paragraph (3)(A), the Director of the Bureau of Indian Affairs (referred to in this subsection as the “Director”) shall complete an environmental site assessment to determine with respect to the land—
(A)
the likelihood of the presence of hazardous substance-related or other environmental liability; and
(B)
if the Director determines the presence of hazardous substance-related or other environmental liability is likely under subparagraph (A)—
(i)
the extent of the contamination caused by such hazardous substance or other environmental liability; and
(ii)
whether that liability can be remediated by the United States.
(2)

Contaminated land.—
(A)

In general.—
If the Director determines pursuant to the environmental site assessment completed under paragraph (1) that there is a likelihood of the presence of hazardous substance-related or other environmental liability on the land described in paragraph (4), the Director shall consult with the Tribe on whether the land is still suitable for transfer into trust for the benefit of the Tribe.
(B)

Determination.—
If the Tribe determines land identified as contaminated under subparagraph (A) is still suitable to take into trust for the benefit of the Tribe, the Director, notwithstanding any other provision of law, shall take the land into trust for the benefit of the Tribe in accordance with paragraph (3).
(3)

Land to be held in trust for the tribe; identification of alternative land.—
(A)

In general.—
If the Tribe determines pursuant to paragraph (2) that the land described in paragraph (4) should be taken into trust for the benefit of the Tribe (including if such land is determined to be contaminated), subject to valid existing rights, all right, title, and interest of the United States in and to the land shall be—
(i)
held in trust by the United States for the benefit of the Tribe; and
(ii)
made part of the existing reservation of the Tribe.
(B)

Identification of suitable and comparable alternative land.—
If the Tribe determines pursuant to paragraph (2), due to discovered environmental issues that the land described in paragraph (4) is not suitable to be taken into trust for the benefit of the Tribe, not later than 1 year after the date on which the Tribe makes that determination, the Director and the Tribe shall enter into an agreement to identify suitable and comparable alternative land in relative distance and located in the same county as the land described in paragraph (4) to be withdrawn from Federal use and taken into trust for the benefit of the Tribe.
(C)

Environmental liability.—
(i)

In general.—
Notwithstanding any other provision of law, the United States shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the land described in paragraph (4) that occurred on or before the date on which the land was taken into trust for the benefit of the Tribe. The United States shall not fund or take any action to remediate such land after such land has been so taken into trust.
(ii)

Environmental contamination description.—
An environmental contamination described in clause (i) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal law or law of the State of Nevada.
(4)

Land described.—
Subject to paragraph (5), the land to be held in trust for the benefit of the Tribe under paragraph (3)(A) is the approximately 8,170 acres of Bureau of Land Management and Bureau of Reclamation land located in Churchill and Mineral Counties, Nevada, as generally depicted on the map entitled “Walker River Paiute Trust Lands” and dated April 19, 2022, and more particularly described as follows:
(A)

Fernley east parcel.—
The following land in Churchill County, Nevada:
(i)
All land held by the Bureau of Reclamation in T. 20 N., R. 26 E., sec. 28, Mount Diablo Meridian.
(ii)
All land held by the Bureau of Reclamation in T. 20 N., R. 26 E., sec. 36, Mount Diablo Meridian.
(B)

Walker lake parcel.—
The following land in Mineral County, Nevada:
(i)
All land held by the Bureau of Land Management in T. 11 N., R. 29 E., secs. 35 and 36, Mount Diablo Meridian.
(ii)
All land held by the Bureau of Reclamation in T. 10 N., R. 30 E., secs. 4, 5, 6, 8, 9, 16, 17, 20, 21, 28, 29, 32, and 33, Mount Diablo Meridian.
(iii)
All land held by the Bureau of Land Management in T. 10.5 N., R. 30 E., secs. 31 and 32, Mount Diablo Meridian.
(5)

Administration.—
(A)

Survey.—
Not later than 180 days after the date of enactment of this subtitle, the Secretary of the Interior (referred to in this paragraph as the “Secretary”) shall complete a survey to fully describe, and adequately define the boundaries of, the land described in paragraph (4).
(B)

Legal description.—
(i)

In general.—
Upon completion of the survey required under subparagraph (A), the Secretary shall publish in the Federal Register a legal description of the land described in paragraph (4).
(ii)

Technical corrections.—
Before the date of publication of the legal description under this subparagraph, the Secretary may correct any technical or clerical errors in the legal description as the Secretary determines appropriate.
(iii)

Effect.—
Effective beginning on the date of publication of the legal description under this subparagraph, the legal description shall be considered to be the official legal description of the land to be held in trust for the benefit of the Tribe under paragraph (3)(A).
(6)

Use of trust land.—
The land taken into trust under paragraph (3)(A) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
(d)

Eligibility for Federal and Federally Funded Programs.—
Funds paid to the Tribe pursuant to this section, including any interest or investment income earned, may not be treated as income or resources or otherwise used as the basis for denying or reducing the basis for Federal financial assistance or other Federal benefit (including under the Social Security Act (42 U.S.C. 301 et seq.)) to which the Tribe, a member of the Tribe, or a household would otherwise be entitled.
SEC. 2989.

LAND TO BE HELD IN TRUST FOR THE FALLON PAIUTE SHOSHONE TRIBE.
(a)

Land to Be Held in Trust.—
(1)

In general.—
Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be—
(A)
held in trust by the United States for the benefit of the Fallon Paiute Shoshone Tribe; and
(B)
made part of the reservation of the Fallon Paiute Shoshone Tribe.
(2)

Description of land.—
The land referred to in paragraph (1) is the approximately 10,000 acres of land administered by the Bureau of Land Management and the Bureau of Reclamation, as generally depicted as “Reservation Expansion Land” on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated May 22, 2024.
(3)

Survey.—
Not later than 180 days after the date of enactment of this subtitle, the Secretary of the Interior shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under paragraph (1).
(4)

Use of trust land.—
The land taken into trust under this section shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
(5)

Cooperative agreement.—
On request by the Fallon Paiute Shoshone Tribe, the Secretary of the Interior shall enter into a cooperative agreement with the Fallon Paiute Shoshone Tribe to provide assistance in the management of the land taken into trust under this section for cultural protection and conservation management purposes.
SEC. 2990.

NUMU NEWE CULTURAL CENTER.
(a)

In General.—
Subject to the availability of appropriations from amounts appropriated to the Secretary of the Navy for operation and maintenance, the Secretary of the Navy shall provide financial assistance to a cultural center established and operated by the Fallon Paiute Shoshone Tribe and located on the Reservation of the Fallon Paiute Shoshone Tribe, the purpose of which is to help sustain Numu Newe knowledge, culture, language, and identity associated with aboriginal land and traditional ways of life for the Fallon Paiute Shoshone Tribe and other affected Indian tribes (referred to in this section as the “Center”).
(b)

Studies and Inventories.—
The Center shall integrate information developed in the cultural resources inventories and ethnographic studies carried out under section 2987.
(c)

Transfer.—
Not later than 1 year after the date of enactment of this subtitle and subject to the availability of appropriations, the Secretary of the Navy shall transfer to an account designated by the Fallon Paiute Shoshone Tribe—
(1)
$10,000,000 for the development and construction of the Center; and
(2)
$10,000,000 to endow operations of the Center.
(d)

Limitation on Use of Land Prior to Completion of Payment.—
The Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the amounts are transferred under subsection (c).
SEC. 2991.

ROAD RECONSTRUCTION AND TREATMENT OF EXISTING ROADS AND RIGHTS-OF-WAY.
(a)

Road Reconstruction.—
Subject to the availability of appropriations, the Secretary of the Navy shall be responsible for the timely—
(1)
reconstruction of—
(A)
Lone Tree Road leading to the B–16 Range; and
(B)
State Highway 361; and
(2)
relocation of—
(A)
Sand Canyon and Red Mountain Roads, consistent with alternative 2A, as described in the Final FRTC Road Realignment Study dated March 14, 2022; and
(B)
Pole Line Road, consistent with alternative 3B, as described in the Final FRTC Road Realignment Study dated March 14, 2022.
(b)

Limitation on Use of Land Prior to Completion of Requirements.—
In accordance with section 2982(c)(1), the Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the Secretary of the Navy determines that each of the requirements of subsection (a) have been met.
(c)

Existing Roads and Rights-of-way; Access.—
(1)

In general.—
The withdrawal and reservation of land made by section 2981 shall not be construed to affect the following roads and associated rights-of-way:
(A)
United States Highways 50 and 95.
(B)
State Routes 121 and 839.
(C)
The Churchill County, Nevada, roads identified as Simpson Road, East County Road, Earthquake Fault Road, and Fairview Peak Road.
(2)

Access.—
Any road identified on the map described in section 2981(b) as an existing minor county road shall be available for managed access consistent with the purposes of the withdrawal.
(d)

New Rights-of-way.—
The Secretary of the Navy, in coordination with the Secretary of the Interior, shall be responsible for the timely grant of new rights-of-way for Sand Canyon and Red Mountain Road, Pole Line Road, and East County Road to the appropriate County.
(e)

I–11 Corridors.—
The Secretary of the Interior shall manage the land located within the “Churchill County Preferred I–11 Corridor” and “NDOT I–11 Corridor” as depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, in accordance with this section.
(f)

Public Availability of Map.—
A copy of the map described in section 2981(b) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
(g)

Withdrawal of Land.—
Subject to any valid rights in existence on the date of enactment of this subtitle, the land located within the corridors depicted as “Utility and Infrastructure Corridors” on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, is withdrawn from—
(1)
location and entry under the mining laws; and
(2)
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(h)

Termination of Withdrawal.—
A withdrawal under subsection (g) shall terminate on the date on which—
(1)
the Secretary of the Interior, in coordination with Churchill County, Nevada, terminates the withdrawal; or
(2)
the applicable corridor or land is patented.
(i)

Revised Statutes Section 2477 Claims.—
The withdrawal and reservation of land by section 2981 shall not affect the ability of Churchill County, Nevada, to seek adjudication of claims under section 2477 of the Revised Statutes (43 U.S.C. 932), as in effect prior to being repealed by section 706(a) of the Federal Land Policy and Management Act of 1976 (Public Law 94–579; 90 Stat. 2793).
(j)

Treatment of the West-wide Energy Corridor.—
(1)

In general.—
Nothing in section 2981 shall be construed to restrict the development of high voltage electrical power utility lines within the portion of the designated West-Wide Energy Corridor that is located outside of the B–16 Range.
(2)

Transmission line.—
The Secretary of the Navy shall allow 1 transmission line within that portion of the designated West-Wide Energy Corridor that is located within the B–16 Range nearest the existing transmission line adjacent to the western boundary of the B–16 Range.
(3)

Future transmission line.—
If the Secretary of the Navy and the Secretary of the Interior determine that additional transmission lines cannot be accommodated outside of the B–16 Range, to the extent practicable, the Secretary of the Navy shall allow the construction of a new transmission line as close as practicable to the existing transmission line.
SEC. 2992.

SAGE GROUSE STUDY.
(a)

In General.—
The Secretary of the Navy, in consultation with the Secretary of the Interior and the State of Nevada, shall conduct a study to further assess greater sage grouse reactions to military overflights within the Fallon Range Training Complex.
(b)

Determination.—
If the Secretary of the Navy determines under the study under subsection (a) that greater sage grouse in the Fallon Range Training Complex are significantly impacted by aircraft overflights, the Secretary of the Navy shall implement adaptive management activities, in coordination with the State of Nevada and the United States Fish and Wildlife Service.
SEC. 2993.

TREATMENT OF LIVESTOCK GRAZING PERMITS.
(a)

In General.—
The Secretary of the Navy shall notify holders of grazing allotments impacted by the withdrawal and reservation of land by section 2981 and, if practicable, assist the holders of the grazing allotments in obtaining replacement forage.
(b)

Revisions to Allotment Plans.—
The Secretary of the Navy shall reimburse the Secretary of the Interior for grazing program-related administrative costs reasonably incurred by the Bureau of Land Management due to the withdrawal and reservation of land by section 2981.
(c)

Alternative to Replacement Forage.—
If replacement forage cannot be identified under subsection (a), the Secretary of the Navy shall make full and complete payments to Federal grazing permit holders for all losses suffered by the permit holders as a result of the withdrawal or other use of former Federal grazing land for national defense purposes pursuant to the Act of June 28, 1934 (commonly known as the “Taylor Grazing Act”) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.).
(d)

Notification and Payment.—
The Secretary of the Navy shall—
(1)
notify, by certified mail, holders of grazing allotments that are terminated; and
(2)
compensate the holders of grazing allotments described in paragraph (1) for authorized permanent improvements associated with the allotments.
(e)

Payment.—
For purposes of calculating and making a payment to a Federal grazing permit holder under this section (including the conduct of any appraisals required to calculate the amount of the payment)—
(1)
the Secretary of the Navy shall consider the permanent loss of the applicable Federal grazing permit; and
(2)
the amount of the payment shall not be limited to the remaining term of the existing Federal grazing permit.
SEC. 2994.

TRANSFER OF LAND UNDER THE ADMINISTRATIVE JURISDICTION OF THE DEPARTMENT OF THE NAVY.
(a)

Transfer Required.—
Subject to subsection (b), the Secretary of the Navy shall transfer to the Secretary of the Interior, at no cost, administrative jurisdiction of the approximately 86 acres of a noncontiguous parcel of land as depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, acquired by the Department of the Navy in Churchill County, Nevada, for inclusion in the Sand Mountain Recreation Area.
(b)

Certification With Respect to Environmental Hazards.—
Prior to transferring land under subsection (a), the Secretary of the Navy shall certify that the land to be transferred under that subsection is free from environmental hazards.
SEC. 2995.

REDUCTION OF IMPACT OF FALLON RANGE TRAINING COMPLEX MODERNIZATION.
(a)

In General.—
Consistent with the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, the Secretary of the Navy shall carry out the following additional mitigations and other measures not otherwise included in other sections of this Act to reduce the impact of the modernization of the Fallon Range Training Complex by the Secretary of the Navy on the land and local community:
(1)
Develop Memoranda of Agreement or other binding protocols, in coordination with agencies, affected Indian tribes, and other stakeholders, for—
(A)
management of that portion of Bureau of Reclamation infrastructure in the B–16 and B–20 Ranges that will be closed to public access but will continue to be managed for flood control; and
(B)
access for research, resource management, and other activities within the B–16, B–17, B–19, and B–20 Ranges.
(2)
Establish wildlife-friendly configured four-wire fencing, on coordination with the Nevada Department of Wildlife, to restrict access to the smallest possible area necessary to ensure public safety and to minimize impacts on wildlife from fencing.
(3)
Subject to the availability of appropriations—
(A)
purchase the impacted portion of the Great Basin Gas Transmission Company (formerly named the “Paiute Pipeline Company”) pipeline within the B–17 Range; and
(B)
pay for the relocation of the pipeline acquired under subparagraph (A) to a location south of the B–17 Range.
(4)
Accommodate permitting and construction of additional utility and infrastructure projects within 3 corridors running parallel to the existing north-south power line in proximity to Nevada Route 121, existing east-west power line north of Highway 50, and the area immediately north of Highway 50 as shown on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, subject to the requirement that any project authorized under this paragraph shall complete appropriate Federal and State permitting requirements prior to the accommodation under this paragraph.
(5)
(A)
Notify holders of mining claims impacted by the modernization by certified mail.
(B)
Make payments to the holders of mining claims described in subparagraph (A), subject to the availability of appropriations.
(6)
Allow a right-of-way to accommodate I–11 (which could also include a transmission line) if a route is chosen by Churchill County, Nevada, or the State of Nevada that overlaps the northeast corner of the withdrawal area for the B–16 Range.
(7)
Revise the applicable range operations manual—
(A)
to include Crescent Valley and Eureka as noise-sensitive areas; and
(B)
to implement a 5-nautical-mile buffer around the towns of Crescent Valley and Eureka.
(8)
Implement a 3-nautical-mile airspace exclusion zone over the Gabbs, Eureka, and Crescent Valley airports.
(9)
Extend the Visual Flight Rules airspace corridor through the newly established Military Operations Areas on the east side of the Dixie Valley Training Area.
(10)
Notify affected water rights holders by certified mail and, if water rights are adversely affected by the modernization and cannot be otherwise mitigated, acquire existing and valid State water rights.
(11)
Allow Nevada Department of Wildlife access for spring and wildlife guzzler monitoring and maintenance.
(12)
Implement management practices and mitigation measures specifically designed to reduce or avoid potential impacts on surface water and groundwater, such as placing targets outside of washes.
(13)
Develop and implement a wildland fire management plan with the State of Nevada to ensure wildland fire prevention, suppression, and restoration activities are addressed, as appropriate, for the entire expanded range complex.
(14)
To the maximum extent practicable and if compatible with mission training requirements, avoid placing targets in biologically sensitive areas identified by the Nevada Department of Wildlife.
(15)
Fund 2 conservation law enforcement officer positions at Naval Air Station Fallon.
(16)
Post signs warning the public of any contamination, harm, or risk associated with entry into the withdrawal land.
(17)
Enter into an agreement for compensation from the Secretary of the Navy to Churchill County, Nevada, and the counties of Lyon, Nye, Mineral, and Pershing in the State of Nevada to offset any reductions made in payments in lieu of taxes.
(18)
Review, in consultation with affected Indian tribes, and disclose any impacts caused by the activities of the Secretary of the Navy at Fox Peak, Medicine Rock, and Fairview Mountain.
(19)
Consult with affected Indian tribes to mitigate, to the maximum extent practicable, any impacts disclosed under paragraph (18).
(b)

Limitation on Use of Land Prior to Completion of Requirements.—
In accordance with section 2982(c)(1), the Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the Secretary of the Navy determines that each of the requirements of subsection (a) have been met.
SEC. 2996.

DIXIE VALLEY WATER PROJECT.
(a)

Continuation of Project.—
The withdrawal of land authorized by section 2981(a)(2) shall not interfere with the Churchill County Dixie Valley Water Project.
(b)

Permitting.—
On application by Churchill County, Nevada, the Secretary of the Navy shall concur with the Churchill County Dixie Valley Water Project and, in collaboration with the Secretary of the Interior, complete any permitting necessary for the Dixie Valley Water Project, subject to the public land laws and environmental review, including regulations.
(c)

Compensation.—
Subject to the availability of appropriations, the Secretary of the Navy shall compensate Churchill County, Nevada, for any cost increases for the Dixie Valley Water Project that result from any design features required by the Secretary of the Navy to be included in the Dixie Valley Water Project.
SEC. 2997.

EXPANSION OF INTERGOVERNMENTAL EXECUTIVE COMMITTEE ON JOINT USE BY DEPARTMENT OF THE NAVY AND DEPARTMENT OF THE INTERIOR OF FALLON RANGE TRAINING COMPLEX.
The Secretary of the Navy and the Secretary of the Interior shall expand the membership of the Fallon Range Training Complex Intergovernmental Executive Committee directed by section 3011(a)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885; 134 Stat. 4349) relating to the management of the natural and cultural resources of the withdrawal land to include representatives of Eureka County, Nevada, the Nevada Department of Agriculture, and the Nevada Division of Minerals.
SEC. 2998.

TRIBAL LIAISON OFFICE.
The Secretary of the Navy shall establish and maintain a dedicated Tribal liaison position at Naval Air Station Fallon.
SEC. 2999.

TERMINATION OF PRIOR WITHDRAWAL.
Notwithstanding section 2842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) and section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65), the withdrawal and reservation under section 3011(a) of that Act is terminated.
SEC. 2999A.

DURATION OF WITHDRAWAL AND RESERVATION.
The withdrawal and reservation of public land by section 2981 shall terminate on November 6, 2047.
DIVISION C—

DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A—
National Security Programs Authorizations
Sec. 3101.
National Nuclear Security Administration.
Sec. 3102.
Defense environmental cleanup.
Sec. 3103.
Other defense activities.
Subtitle B—
Program Authorizations, Restrictions, and Limitations
Sec. 3111.
Clarification of principles of National Nuclear Security Administration.
Sec. 3112.
Cost estimation and program evaluation by National Nuclear Security Administration.
Sec. 3113.
Enhanced procurement authority to manage supply chain risk.
Sec. 3114.
Limitation on availability of funds for National Nuclear Security Administration.
Sec. 3115.
Limitation on availability of funds for Office of the Administrator for Nuclear Security.
Sec. 3116.
Establishment of Center for Security Technology, Analysis, Response, and Testing.
Sec. 3117.
Authorization of modular building strategy as an alternative to the replacement project for the Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico.
Sec. 3118.
Comparative analysis of warhead life extension options.
Sec. 3119.
Extension of authority of Secretary of Energy to enter into transactions to carry out certain research projects.
Sec. 3120.
Increase in construction design threshold.
Subtitle C—
Plans and Reports
Sec. 3121.
Annual report and certification on status of security of atomic energy defense facilities.
Sec. 3122.
Modifications to annual reports regarding the condition of the nuclear weapons stockpile.
Sec. 3123.
Inclusion of integrated plutonium strategy in nuclear weapons stockpile stewardship, management, and infrastructure plan.
Sec. 3124.
Modifications to cost-benefit analyses for competition of management and operating contracts.
Sec. 3125.
Modification of deadlines for certain reports relating to program on scientific engagement for nonproliferation.
Sec. 3126.
Modification of certain reports on cost containment for uranium capabilities replacement project.
Sec. 3127.
Plan for tank farm waste at Hanford Nuclear Reservation.
Sec. 3128.
Plan for improvement and integration of financial management of nuclear security enterprise.
Sec. 3129.
Plan for developing exascale computing and incorporating such computing into the stockpile stewardship program.
Sec. 3130.
Study and plan for extension of certain pilot program principles.
Sec. 3131.
Study of potential reuse of nuclear weapon secondaries.
Sec. 3132.
Repeal of certain reporting requirements.
Subtitle D—
Other Matters
Sec. 3141.
Clarification of role of Secretary of Energy.
Sec. 3142.
Modification of deadlines for Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise.
Sec. 3143.
Department of Energy land conveyance.
Sec. 3144.
Technical amendment to Atomic Energy Act of 1954.
Sec. 3145.
Technical corrections to the National Nuclear Security Administration Act.
Sec. 3146.
Technical corrections to the Atomic Energy Defense Act.
Sec. 3147.
Sense of Congress on B61-12 life extension program.
Sec. 3148.
Sense of Congress on establishment of an advisory board on toxic substances and worker health.
Subtitle A—

National Security Programs Authorizations
SEC. 3101.

NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a)

Authorization of Appropriations.—
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.
(b)

Authorization of New Plant Projects.—
From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows:
- Project 14–D–710, Device Assembly Facility Argus Installation Project, Nevada National Security Site, Las Vegas, Nevada, $14,000,000.
- Project 14–D–901, Spent Fueling Handling Recapitalization Project, Naval Reactors Facility, Idaho, $45,400,000.
- Project 14–D–902, KL Materials Characterization Laboratory, Knolls Atomic Power Laboratory, Schenectady, New York, $1,000,000.
SEC. 3102.

DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.
SEC. 3103.

OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for other defense activities in carrying out programs as specified in the funding table in section 4701.
Subtitle B—

Program Authorizations, Restrictions, and Limitations
SEC. 3111.

CLARIFICATION OF PRINCIPLES OF NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Subsection (c) of section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401) is amended to read as follows:
“(c)

Operations and Activities To Be Carried Out Consistently With Certain Principles.
In carrying out the mission of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the principles of—
“(1)
protecting the environment;
“(2)
safeguarding the safety and health of the public and of the workforce of the Administration; and
“(3)
ensuring the security of the nuclear weapons, nuclear material, and classified information in the custody of the Administration.”
.
SEC. 3112.

COST ESTIMATION AND PROGRAM EVALUATION BY NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a)

Establishment of Director for Cost Estimating and Program Evaluation.—
(1)

In general.—
Subtitle A of the National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by adding at the end the following new section:
“SEC. 3221.
[50 U.S.C. 2411]

DIRECTOR FOR COST ESTIMATING AND PROGRAM EVALUATION
“(a)

Establishment.
(1)
There is in the Administration a Director for Cost Estimating and Program Evaluation (in this section referred to as the ‘Director’).
“(2)
The position of the Director shall be a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code).
“(b)

Duties.
(1)
The Director shall be the principal advisor to the Administrator, the Deputy Secretary of Energy, and the Secretary of Energy with respect to cost estimation and program evaluation for the Administration.
“(2)
The Administrator may not delegate responsibility for receiving or acting on communications from the Director with respect to cost estimation and program evaluation for the Administration.
“(c)

Activities for Cost Estimation.
(1)
The Director shall be the responsible for the following activities relating to cost estimation:
“(A)
Advising the Administrator on policies and procedures for cost analysis and estimation by the Administration, including the determination of confidence levels with respect to cost estimates.
“(B)
Reviewing cost estimates and evaluating the performance baseline for each major atomic energy defense acquisition program.
“(C)
Advising the Administrator on policies and procedures for developing technology readiness assessments for major atomic energy defense acquisition programs that are consistent with the guidelines of the Department of Energy for technology readiness assessments.
“(D)
Reviewing technology readiness assessments for such programs to ensure that such programs are meeting levels of confidence associated with appropriate overall system performance.
“(E)
As directed by the Administrator, conducting independent cost estimates for such programs.
“(2)
A review, evaluation, or cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1) shall be considered an inherently governmental function, but the Director may use data collected by a national security laboratory or a management and operating contractor of the Administration in conducting such a review, evaluation, or cost estimate.
“(3)
The Director shall submit in writing to the Administrator the following:
“(A)
The certification of the Director with respect to each review, evaluation, and cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1).
“(B)
A statement of the confidence level of the Director with respect to each such review, evaluation, and cost estimate, including an identification of areas of uncertainty, risk, and opportunity discovered in conducting each such review, evaluation, and cost estimate.
“(d)

Activities for Program Evaluation.
(1)
The Director shall be responsible for the following activities relating to program evaluation:
“(A)
Reviewing and commenting on policies and procedures for setting requirements for the future-years nuclear security program under section 3253 and for prioritizing and estimating the funding required by the Administration for that program.
“(B)
Reviewing the future-years nuclear security program on an annual basis to ensure that the program is accurate and thorough.
“(C)
Advising the Administrator on policies and procedures for analyses of alternatives for major atomic energy defense acquisition programs.
“(D)
As part of the planning, programming, and budgeting process of the Administration under sections 3251 and 3252, analyzing the planning phase of that process, advising on programmatic and fiscal year guidance, and managing the program review phase of that process.
“(E)
Developing and managing the submittal of the Selected Acquisition Reports and independent cost estimates on nuclear weapons systems undergoing major life extension under section 4217 of the Atomic Energy Defense Act (50 U.S.C. 2537).
“(F)
Reviewing cost and schedule baselines for projects under section 4713 of that Act (50 U.S.C. 2753) and managing notifications to the congressional defense committees of cost overruns under that section.
“(2)
A review conducted under paragraph (1)(B) shall be considered an inherently governmental function, but the Director may use data collected by a national security laboratory or a management and operating contractor of the Administration in conducting such a review.
“(3)
The Director shall submit to Congress a report on any major programmatic deviations from the future-years nuclear security program discovered in conducting a review under paragraph (1)(B) at or about the time the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for the next fiscal year.
“(e)

Data Collection and Accessibility.
The Administrator, acting through the Director, shall, as appropriate, seek to use procedures, processes, and policies for collecting cost data and making that data accessible that are similar to the procedures, processes, and policies used by the Defense Cost Analysis Resource Center of the Office of Cost Assessment and Program Evaluation of the Department of Defense for those purposes.
“(f)

Staff.
The Administrator shall ensure that the Director has sufficient numbers of personnel who have competence in technical matters, budgetary matters, cost estimation, technology readiness analysis, and other appropriate matters to carry out the functions required by this section.
“(g)

Reports by Director.
The Director shall submit to Congress at or about the time that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for each of fiscal years 2015 through 2018, a report that includes the following:
“(1)
A description of activities conducted by the Director during the calendar year preceding the submission of the report that are related to the duties and activities described in this section.
“(2)
A list of all major atomic energy defense acquisition programs and a concise description of the status of each such program and project in meeting cost and critical schedule milestones.
“(h)

Definitions.
In this section:
“(1)

Major atomic energy defense acquisition program.
“(A)

In general.
Except as provided in subparagraph (B), the term ‘major atomic energy defense acquisition program’ means an atomic energy defense acquisition program of the Administration—
“(i)
the total project cost of which is more than $500,000,000; or
“(ii)
the total lifetime cost of which is more than $1,000,000,000.
“(B)

Exclusion of capital assets acquisition projects.
The term ‘major atomic energy defense acquisition program’ does not include a project covered by Department of Energy Order 413.3 (or a successor order) for the acquisition of capital assets for atomic energy defense activities.
“(2)

Performance baseline.
The term ‘performance baseline’, with respect to a major atomic energy defense acquisition program, means the key parameters with respect to performance, scope, cost, and schedule for the project budget of the program.”
.
(2)

Implementation plan.—
Not later than 270 days after the date of the enactment of this Act, the Administrator for Nuclear Security and the Director of the Office of Cost Assessment and Program Evaluation of the Department of Defense shall jointly submit to the congressional defense committees a plan for the implementation of section 3221 of the National Nuclear Security Administration Act, as added by paragraph (1), that includes the following:
(A)
An identification of the number of personnel required to support the Director for Cost Estimating and Program Evaluation established under such section 3221.
(B)
A description of the functions of such personnel.
(C)
A plan for training such personnel in coordination with the Office of Cost Analysis and Program Evaluation of the Department of Defense with respect to the activities described in subsections (c)(1) and (d)(1) of such section 3221.
(D)
An estimate of the time required to hire and train such personnel.
(E)
A plan for developing cost estimation and program evaluation activities jointly with the Department of Defense on strategic system programs to the extent practicable and beneficial to both the National Nuclear Security Administration and the Department of Defense.
(3)

Clerical amendment.—
The table of contents for the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3220 the following new item:
“Sec. 3221.
Director for Cost Estimating and Program Evaluation.”
.
(b)

Independent Cost Estimates on Life Extension Programs and New Nuclear Facilities.—
Section 4217(b) of the Atomic Energy Defense Act (50 U.S.C. 2537(b)) is amended—
(1)
in paragraph (2), by striking “for purposes of this subsection” and inserting “submitted under this subsection before October 1, 2015,”; and
(2)
by adding at the end the following new paragraph:
“(3)
Each cost estimate submitted under this subsection shall be submitted in unclassified form, but may include a classified annex if necessary.”
.
SEC. 3113.

ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK.
(a)

In General.—
Subtitle A of title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by adding at the end the following new section:
“SEC. 4806.
[50 U.S.C. 2786]

ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK
“(a)

Authority.
Subject to subsection (b), the Secretary of Energy may—
“(1)
carry out a covered procurement action; and
“(2)
notwithstanding any other provision of law, limit, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.
“(b)

Requirements.
The Secretary may exercise the authority under subsection (a) only after—
“(1)
obtaining a risk assessment that demonstrates that there is a significant supply chain risk to a covered system;
“(2)
making a determination in writing, in unclassified or classified form, that—
“(A)
the use of the authority under subsection (a) is necessary to protect national security by reducing supply chain risk;
“(B)
less restrictive measures are not reasonably available to reduce the supply chain risk; and
“(C)
in a case in which the Secretary plans to limit disclosure of information under subsection (a)(2), the risk to national security of the disclosure of the information outweighs the risk of not disclosing the information; and
“(3)
submitting to the appropriate congressional committees, not later than seven days after the date on which the Secretary makes the determination under paragraph (2), a notice of such determination, in classified or unclassified form, that includes—
“(A)
the information required by section 3304(e)(2)(A) of title 41, United States Code;
“(B)
a summary of the risk assessment required under paragraph (1); and
“(C)
a summary of the basis for the determination, including a discussion of less restrictive measures that were considered and why such measures were not reasonably available to reduce supply chain risk.
“(c)

Notifications.
If the Secretary has exercised the authority under subsection (a), the Secretary shall—
“(1)
notify appropriate parties of the covered procurement action and the basis for the action only to the extent necessary to carry out the covered procurement action;
“(2)
notify other Federal agencies responsible for procurement that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and
“(3)
ensure the confidentiality of any notifications under paragraph (1) or (2).
“(d)

Limitation of Review.
No action taken by the Secretary under the authority under subsection (a) shall be subject to review in any Federal court.
“(e)

Review by Comptroller General of the United States.
Not later than one year after the effective date specified in subsection (g)(1), and annually for four years thereafter, the Comptroller General of the United States shall—
“(1)
review the authority provided under subsection (a), including—
“(A)
the adequacy of resources, such as trained personnel, to effectively exercise that authority during the four-year period beginning on that effective date; and
“(B)
the sufficiency of determinations under subsection (b)(2);
“(2)
review the thoroughness of the process and systems utilized by the Office of the Chief Information Officer and the Office of Intelligence and Counterintelligence of the Department of Energy to reasonably detect supply chain threats to the national security functions of the Department; and
“(3)
submit to the appropriate congressional committees a report that includes—
“(A)
the results of the reviews conducted under paragraphs (1) and (2);
“(B)
any recommendations of the Comptroller General for improving the process and systems described in paragraph (2); and
“(C)
a description of the status of the implementation of recommendations, if any, with respect to that process and such systems made by the Comptroller General in previous years.
“(f)

Definitions.
In this section:
“(1)

Appropriate congressional committees.
The term ‘appropriate congressional committees’ means—
“(A)
the congressional defense committees; and
“(B)
the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
“(2)

Covered item of supply.
The term ‘covered item of supply’ means an item—
“(A)
that is purchased for inclusion in a covered system; and
“(B)
the loss of integrity of which could result in a supply chain risk for a covered system.
“(3)

Covered procurement.
The term ‘covered procurement’ means the following:
“(A)
A source selection for a covered system or a covered item of supply involving either a performance specification, as described in subsection (a)(3)(B) of section 3306 of title 41, United States Code, or an evaluation factor, as described in subsection (b)(1) of such section, relating to supply chain risk.
“(B)
The consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 4106(d)(3) of title 41, United States Code, where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk.
“(C)
Any contract action involving a contract for a covered system or a covered item of supply if the contract includes a clause establishing requirements relating to supply chain risk.
“(4)

Covered procurement action.
The term ‘covered procurement action’ means, with respect to an action that occurs in the course of conducting a covered procurement, any of the following:
“(A)
The exclusion of a source that fails to meet qualification requirements established pursuant to section 3311 of title 41, United States Code, for the purpose of reducing supply chain risk in the acquisition of covered systems.
“(B)
The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
“(C)
The withholding of consent for a contractor to subcontract with a particular source or the direction to a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.
“(5)

Covered system.
The term ‘covered system’ means the following:
“(A)
National security systems (as defined in section 3542(b) of title 44, United States Code) and components of such systems.
“(B)
Nuclear weapons and components of nuclear weapons.
“(C)
Items associated with the design, development, production, and maintenance of nuclear weapons or components of nuclear weapons.
“(D)
Items associated with the surveillance of the nuclear weapon stockpile.
“(E)
Items associated with the design and development of nonproliferation and counterproliferation programs and systems.
“(6)

Supply chain risk.
The term ‘supply chain risk’ means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system or covered item of supply so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of the system or item of supply.
“(g)

Effective Date.
“(1)

In general.
This section shall take effect on the date that is 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014.
“(2)

Applicability.
The authority under subsection (a) shall apply to—
“(A)
contracts awarded on or after the effective date specified in paragraph (1); and
“(B)
task and delivery orders issued on or after that effective date pursuant to contracts awarded before, on, or after that effective date.
“(3)

Termination.
The authority under this section shall terminate on the date that is four years after the effective date specified in paragraph (1).”
.
(b)

Clerical Amendment.—
The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4805 the following new item:
“Sec. 4806.
Enhanced procurement authority to manage supply chain risk.”
.
SEC. 3114.

LIMITATION ON AVAILABILITY OF FUNDS FOR NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a)

Limitation.—
Except as provided in subsection (d), of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the National Nuclear Security Administration, the amount specified in subsection (c) may not be obligated or expended until the date on which the Administrator for Nuclear Security submits to the congressional defense committees—
(1)
a detailed plan to realize the planned efficiencies; and
(2)
written certification that the planned efficiencies will be achieved during fiscal year 2014.
(b)

Unrealized Efficiencies.—
If the Administrator does not submit to the congressional defense committees the matters described in paragraphs (1) and (2) of subsection (a) by the date that is 60 days after the date of the enactment of this Act, the Administrator shall submit to the congressional defense committees a report on—
(1)
the amount of planned efficiencies that will not be realized during fiscal year 2014; and
(2)
any effects caused by such unrealized planned efficiencies to the programs funded under the directed stockpile work and nuclear programs accounts.
(c)

Amount Specified.—
The amount specified in this subsection is $139,500,000, reduced by the amount the Administrator certifies to the congressional defense committees that the Administrator has saved through the planned efficiencies realized during fiscal year 2014.
(d)

Exceptions.—
The limitation under subsection (a) shall not—
(1)
apply to funds authorized to be appropriated for directed stockpile work, nuclear programs, or Naval Reactors; or
(2)
affect the authority of the Secretary of Energy under sections 4702, 4705, and 4711 of the Atomic Energy Defense Act (50 U.S.C. 2742, 2745, and 2751).
(e)

Effect of Planned Efficiencies on Laboratory-Directed Research and Development.—
The implementation of the planned efficiencies may not result in reductions in amounts provided for laboratory-directed research and development under section 4811(c) of the Atomic Energy Defense Act (50 U.S.C. 2791(c)) in fiscal year 2014.
(f)

Rule of Construction.—
The limitation under subsection (a) shall not be considered a specific denial of funds for purposes of the authority referred to in subsection (d)(2).
(g)

Planned Efficiencies Defined.—
In this section, the term “planned efficiencies” means the $106,800,000, with respect to directed stockpile work, and $32,700,000, with respect to nuclear programs, that the Administrator plans to save during fiscal year 2014 through management efficiency and workforce restructuring reductions, as described in the budget request for fiscal year 2014 that the President submitted to Congress under section 1105(a) of title 31, United States Code.
SEC. 3115.

LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF THE ADMINISTRATOR FOR NUCLEAR SECURITY.
Of the funds authorized to be appropriated for fiscal year 2014 by section 3101 and available for the Office of the Administrator as specified in the funding table in section 4701, or otherwise made available for that Office for that fiscal year, not more than 75 percent may be obligated or expended until—
(1)
the President transmits to Congress the matters required to be transmitted during 2013 and 2014 under section 4205(f)(2) of the Atomic Energy Defense Act (50 U.S.C. 2525(f)(2));
(2)
the President transmits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives the matters—
(A)
required to be transmitted during 2013 and 2014 under section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1576); and
(B)
with respect to which the Secretary of Energy is responsible;
(3)
the Secretary submits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives the reports required to be submitted during 2013 and 2014 under section 3122(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1710); and
(4)
the Administrator for Nuclear Security submits to the congressional defense committees—
(A)
the detailed report on the stockpile stewardship, management, and infrastructure plan required to be submitted during 2013 under paragraph (2) of section 4203(b) of the Atomic Energy Defense Act (50 U.S.C. 2523(b)); and
(B)
the summary of the plan required to be submitted during 2014 under paragraph (1) of such section.
SEC. 3116.
[50 U.S.C. 2515]

ESTABLISHMENT OF CENTER FOR SECURITY TECHNOLOGY, ANALYSIS, RESPONSE, AND TESTING.
(a)

Establishment.—
The Administrator for Nuclear Security shall establish within the nuclear security enterprise (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) a Center for Security Technology, Analysis, Response, and Testing.
(b)

Duties.—
The center established under subsection (a) shall carry out the following:
(1)
Provide to the Administrator, the Chief of Defense Nuclear Security, and the management and operating contractors of the nuclear security enterprise a wide range of objective expertise on security technologies, systems, analysis, testing, and response forces.
(2)
Assist the Administrator in developing standards, requirements, analysis methods, and testing criteria with respect to security.
(3)
Collect, analyze, and distribute lessons learned with respect to security.
(4)
Support inspections and oversight activities with respect to security.
(5)
Promote professional development and training for security professionals.
(6)
Provide for advance and bulk procurement for security-related acquisitions that affect multiple facilities of the nuclear security enterprise.
(7)
Advocate for continual improvement and security excellence throughout the nuclear security enterprise.
(8)
Such other duties as the Administrator may assign.
SEC. 3117.

AUTHORIZATION OF MODULAR BUILDING STRATEGY AS AN ALTERNATIVE TO THE REPLACEMENT PROJECT FOR THE CHEMISTRY AND METALLURGY RESEARCH BUILDING, LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.
Section 3114(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2171; 50 U.S.C. 2535 note) is amended—
(1)
by striking “No funds” and inserting the following:
“(1)

Limitation on use of funds.
Except as provided in paragraph (2), no funds”
; and
(2)
by adding at the end the following new paragraphs:
“(2)

Use of funds for modular building strategy.
The Administrator for Nuclear Security may obligate and expend funds referred to in paragraph (1) for activities relating to a modular building strategy on and after the date that is 60 days after the date on which the Nuclear Weapons Council established under section 179 of title 10, United States Code, notifies the congressional defense committees that—
“(A)
the modular building strategy—
“(i)
meets requirements for maintaining the nuclear weapons stockpile over a 30-year period;
“(ii)
meets requirements for implementation of a responsive infrastructure, including meeting plutonium pit production requirements; and
“(iii)
will achieve full operating capability for not less than two modular structures by not later than 2027;
“(B)
in fiscal year 2015, the National Nuclear Security Administration will begin the process of designing and building modular buildings in accordance with Department of Energy Order 413.3 (relating to relating to program management and project management for the acquisition of capital assets); and
“(C)
the Administrator will include the costs of the modular building strategy in the estimated expenditures and proposed appropriations reflected in the future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453).
“(3)

Modular building strategy defined.
In this subsection, the term ‘modular building strategy’ means an alternative strategy to the replacement project that consists of repurposing existing facilities and constructing a series of modular structures, each of which is fully useable, to complement the function of the plutonium facility (PF-4) at Los Alamos National Laboratory, New Mexico, in accordance with all applicable safety and security standards of the Department of Energy.”
.
SEC. 3118.

COMPARATIVE ANALYSIS OF WARHEAD LIFE EXTENSION OPTIONS.
(a)

In General.—
In carrying out Phase 6.2 and Phase 6.2A of the Joint W78/88-1 Warhead Life Extension Program, the Secretary of Defense and the Secretary of Energy, acting through the Nuclear Weapons Council established by section 179 of title 10, United States Code, shall conduct a comparative analysis of the feasibility of, and preliminary design definitions and cost estimates for, each of the following life extension options:
(1)
A separate life extension option to produce a W78-1 warhead.
(2)
A separate life extension option to produce a W88-1 warhead.
(3)
An interoperable W78/88-1 life extension option.
(4)
Any other life extension option the Nuclear Weapons Council considers appropriate.
(b)

Limitation on Use of Funds.—
None of the funds authorized to be appropriated by this Act may be obligated or expended for Phase 6.3 (development engineering) activities for the Joint W78/88-1 Warhead Life Extension Program until the date that is 90 days after the Chairman of the Nuclear Weapons Council submits to the congressional defense committees a report containing the comparative analysis required by subsection (a).
SEC. 3119.

EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY TO ENTER INTO TRANSACTIONS TO CARRY OUT CERTAIN RESEARCH PROJECTS.
Section 646(g)(10) of the Department of Energy Organization Act (42 U.S.C. 7256(g)(10)) is amended by striking “September 30, 2015” and inserting “September 30, 2020”.
SEC. 3120.

INCREASE IN CONSTRUCTION DESIGN THRESHOLD.
Section 4706(b) of the Atomic Energy Defense Act (50 U.S.C. 2746(b)) is amended by striking “$600,000” both places it appears and inserting “$1,000,000”.
Subtitle C—

Plans and Reports
SEC. 3121.

ANNUAL REPORT AND CERTIFICATION ON STATUS OF SECURITY OF ATOMIC ENERGY DEFENSE FACILITIES.
(a)

In General.—
Section 4506 of the Atomic Energy Defense Act (50 U.S.C. 2657) is amended to read as follows:
“SEC. 4506.

ANNUAL REPORT AND CERTIFICATION ON STATUS OF SECURITY OF ATOMIC ENERGY DEFENSE FACILITIES
“(a)

Report and Certification on Nuclear Security Enterprise.
(1)
Not later than September 30 of each year, the Administrator shall submit to the Secretary of Energy—
“(A)
a report detailing the status of security at facilities holding Category I and II quantities of special nuclear material that are administered by the Administration; and
“(B)
written certification that such facilities are secure and that the security measures at such facilities meet the security standards and requirements of the Administration and the Department of Energy.
“(2)
If the Administrator is unable to make the certification described in paragraph (1)(B) with respect to a facility, the Administrator shall submit to the Secretary with the matters required by paragraph (1) a corrective action plan for the facility describing—
“(A)
the deficiency that resulted in the Administrator being unable to make the certification;
“(B)
the actions to be taken to correct the deficiency; and
“(C)
timelines for taking such actions.
“(3)
Not later than December 1 of each year, the Secretary shall submit to the congressional defense committees the unaltered report, certification, and any corrective action plans submitted by the Administrator under paragraphs (1) and (2) together with any comments of the Secretary.
“(b)

Report and Certification on Atomic Energy Defense Facilities Not Administered by the Administration.
(1)
Not later than December 1 of each year, the Secretary shall submit to the congressional defense committees—
“(A)
a report detailing the status of the security of atomic energy defense facilities holding Category I and II quantities of special nuclear material that are not administered by the Administration; and
“(B)
written certification that such facilities meet the security standards and requirements of the Department of Energy.
“(2)
If the Secretary is unable to make the certification described in paragraph (1)(B) with respect to a facility, the Secretary shall submit to the congressional defense committees, together with the matters required by paragraph (1), a corrective action plan describing—
“(A)
the deficiency that resulted in the Secretary being unable to make the certification;
“(B)
the actions to be taken to correct the deficiency; and
“(C)
timelines for taking such actions.”
.
(b)

Clerical Amendment.—
The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4506 and inserting the following new item:
“Sec. 4506.
Annual report and certification on status of security of atomic energy defense facilities.”
.
SEC. 3122.

MODIFICATIONS TO ANNUAL REPORTS REGARDING THE CONDITION OF THE NUCLEAR WEAPONS STOCKPILE.
(a)

Report on Assessments.—
Subsection (e) of section 4205 of the Atomic Energy Defense Act (50 U.S.C. 2525) is amended—
(1)
in paragraph (3)—
(A)
in subparagraph (C), by striking “; and” and inserting a semicolon;
(B)
in subparagraph (D), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following new subparagraph:
“(E)
a concise summary of any significant finding investigations initiated or active during the previous year for which the head of the national security laboratory has full or partial responsibility.”
; and
(2)
by amending paragraph (4) to read as follows:
“(4)
In the case of a report submitted by the Commander of the United States Strategic Command—
“(A)
a discussion of the relative merits of other nuclear weapon types (if any), or compensatory measures (if any) that could be taken, that could enable accomplishment of the missions of the nuclear weapon types to which the assessments relate, should such assessments identify any deficiency with respect to such nuclear weapon types; and
“(B)
a summary of all major assembly releases in place as of the date of the report for the active and inactive nuclear weapon stockpiles.”
.
(b)

Reports Submitted to the President and Congress.—
Subsection (f) of such section is amended—
(1)
in paragraph (1), by striking “March 1” and inserting “February 1”; and
(2)
by adding at the end the following new paragraph:
“(3)
If the President does not forward to Congress the matters required under paragraph (2) by the date required by such paragraph, the officials specified in subsection (b) shall provide a briefing to the congressional defense committees not later than March 30 on the report such officials submitted to the Secretary concerned under subsection (e).”
.
SEC. 3123.

INCLUSION OF INTEGRATED PLUTONIUM STRATEGY IN NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, MANAGEMENT, AND INFRASTRUCTURE PLAN.
Section 4203(d) of the Atomic Energy Defense Act (50 U.S.C. 2523(d)) is amended—
(1)
by redesignating paragraph (6) as paragraph (7); and
(2)
by inserting after paragraph (5) the following new paragraph (6):
“(6)
A strategy for the integrated management of plutonium for stockpile and stockpile stewardship needs over a 20-year period that includes the following:
“(A)
An assessment of the baseline science issues necessary to understand plutonium aging under static and dynamic conditions under manufactured and nonmanufactured plutonium geometries.
“(B)
An assessment of scientific and testing instrumentation for plutonium at elemental and bulk conditions.
“(C)
An assessment of manufacturing and handling technology for plutonium and plutonium components.
“(D)
An assessment of computational models of plutonium performance under static and dynamic loading, including manufactured and nonmanufactured conditions.
“(E)
An identification of any capability gaps with respect to the assessments described in subparagraphs (A) through (D).
“(F)
An estimate of costs relating to the issues, instrumentation, technology, and models described in subparagraphs (A) through (D) over the period covered by the future-years nuclear security program under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453).
“(G)
An estimate of the cost of eliminating the capability gaps identified under subparagraph (E) over the period covered by the future-years nuclear security program.
“(H)
Such other items as the Administrator considers important for the integrated management of plutonium for stockpile and stockpile stewardship needs.”
.
SEC. 3124.

MODIFICATIONS TO COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGEMENT AND OPERATING CONTRACTS.
(a)

Analyses of Bid Protests.—
Subsection (a) of section 3121 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2175) is amended to read as follows:
“(a)

Reports Required.
The Administrator for Nuclear Security shall submit to the congressional defense committees a report described in subsection (b) by not later than 30 days after the later of—
“(1)
the date on which the Administrator awards a contract to manage and operate a facility of the National Nuclear Security Administration; or
“(2)
the date on which a protest concerning an alleged violation of a procurement statute or regulation brought under subchapter V of chapter 35 of title 31, United States Code, with respect to such a contract is resolved.”
.
(b)

Reporting on Expected Cost Savings.—
Subsection (b)(1) of such section is amended by inserting “, including a description of the assumptions used and analysis conducted to determine such expected cost savings” before the semicolon.
(c)

Review by Comptroller General of the United States.—
Subsection (c) of such section is amended to read as follows:
“(c)

Review by Comptroller General of the United States.
“(1)

In general.
Except as provided in paragraph (2), the Comptroller General of the United States shall submit to the congressional defense committees a review of each report required by subsection (a) or (d)(2) not later than 180 days after the report is submitted to such committees.
“(2)

Exception.
The Comptroller General may not conduct a review under paragraph (1) of a report relating to a contract to manage and operate a facility of the National Nuclear Security Administration while a protest described in subsection (a)(2) is pending with respect to that contract.”
.
(d)

Exception for Naval Reactors.—
Subsection (d) of such section is amended by adding at the end the following new paragraph:
“(3)

Naval reactors.
The requirement for reports under subsections (a) and (d)(2) shall not apply with respect to a management and operations contract for a Naval Reactor facility.”
.
SEC. 3125.

MODIFICATION OF DEADLINES FOR CERTAIN REPORTS RELATING TO PROGRAM ON SCIENTIFIC ENGAGEMENT FOR NONPROLIFERATION.
Section 3122 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2176; 50 U.S.C. 2562 note) is amended—
(1)
in subsection (b)(1), by inserting “, and to the Comptroller General of the United States,” after “the appropriate congressional committees”;
(2)
in subsection (c)—
(A)
in paragraph (1), by striking “15” and inserting “30”;
(B)
by redesignating paragraph (3) as paragraph (4);
(C)
by inserting after paragraph (2) the following new paragraph (3):
“(3)

Waiver.
The Administrator may waive the requirement under paragraph (1) to submit a report on a modification in the program under subsection (a) not later than 30 days before making the modification if the Administrator—
“(A)
determines that the modification is urgent and necessary to the national security interests of the United States; and
“(B)
not later than 30 days after making the modification, submits to the appropriate congressional committees—
“(i)
the report on the modification required by paragraph (1); and
“(ii)
a justification for exercising the waiver authority under this paragraph.”
; and
(D)
in paragraph (4), as redesignated by subparagraph (B), by striking “The report under paragraph (1)” and inserting “Each report submitted under paragraph (1) or (3)(B)”; and
(3)
in subsection (e)(1), by striking “two years after the date of the enactment of this Act” and inserting “18 months after the date of the submittal of the report described in subsection (b)(1)”.
SEC. 3126.

MODIFICATION OF CERTAIN REPORTS ON COST CONTAINMENT FOR URANIUM CAPABILITIES REPLACEMENT PROJECT.
Section 3123(f) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2178) is amended—
(1)
in the subsection heading, by striking “Quarterly”;
(2)
by striking paragraph (1) and inserting the following new paragraph (1):
“(1)

In general.
The Comptroller General of the United States shall submit to the congressional defense committees a report on the project referred to in subsection (a)—
“(A)
not later than 90 days after the date of the enactment of this Act and every 90 days thereafter through the date that is one year after such date of enactment; and
“(B)
after the date that is one year after such date of enactment, at such times as the Comptroller General, in consultation with the congressional defense committees, determines appropriate, taking into consideration the critical decision points of the project (as defined in orders of the Department of Energy).”
; and
(3)
in paragraph (2)—
(A)
in subparagraph (A), by striking “and the progress on meeting the requirements of section 4713 of the Atomic Energy Defense Act (50 U.S.C. 2753)”; and
(B)
in subparagraph (D), by striking “programmatic”.
SEC. 3127.

PLAN FOR TANK FARM WASTE AT HANFORD NUCLEAR RESERVATION.
(a)

In General.—
Subtitle D of title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2621 et seq.) is amended by adding at the end the following new section:
“SEC. 4445.
[50 U.S.C. 2625]

PLAN FOR TANK FARM WASTE AT HANFORD NUCLEAR RESERVATION
“(a)

Plan.
Not later than June 1, 2014, the Secretary of Energy shall submit to the congressional defense committees a plan for the initial activities (as defined in subsection (d)) for the Waste Treatment and Immobilization Plant and any related, required infrastructure facilities.
“(b)

Matters Included.
The plan under subsection (a) shall include the following:
“(1)
A list of significant requirements needed for the initial activities.
“(2)
A schedule of significant activities needed to carry out the initial activities.
“(3)
Actions required to accelerate, to the extent possible, the treatment of lower risk, low-activity waste while continuing efforts to resolve the technical challenges associated with higher risk, high-activity waste.
“(4)
A description of how the Secretary will—
“(A)
provide adequate protection to workers and the public under the plan; and
“(B)
incorporate into the plan any significant new science and technical information that was not available before the development of the plan.
“(c)

Determinations.
(1)
For each significant requirement identified by the Secretary under subsection (b)(1), the Secretary shall include in the plan submitted under subsection (a) a determination regarding whether such requirement is finalized and will be used to inform the initial activities.
“(2)
For each significant requirement that the Secretary cannot make a finalized determination for under paragraph (1) by the date on which the plan under subsection (a) is submitted to the congressional defense committees, the Secretary shall—
“(A)
include in the plan—
“(i)
a description of the requirement;
“(ii)
a list of significant activities required to finalize the requirement; and
“(iii)
the date on which the Secretary anticipates making such determination; and
“(B)
once the Secretary makes a determination that such a significant requirement is finalized, submit to such committees notification that the requirement is finalized and will be used to inform the initial activities.
“(3)
(A)
Notwithstanding any determination made under paragraph (1) with respect to a significant requirement identified by the Secretary under subsection (b)(1)—
“(i)
the Secretary shall change a requirement if necessary to provide adequate protection to workers and the public; and
“(ii)
the Secretary may change a requirement if the Secretary determines such change is necessary.
“(B)
If the Secretary authorizes a change to a requirement under subparagraph (A) that will have a significant material effect on the schedule or cost of the initial activities, the Secretary shall promptly notify the congressional defense committees of such change.
“(C)
The authority of the Secretary under this paragraph may be delegated only to the Deputy Secretary of Energy.
“(d)

Initial Activities Defined.
In this section, the term ‘initial activities’ means activities necessary to start the operations of the Waste Treatment and Immobilization Plant at the Hanford Tank Farms of the Hanford Nuclear Reservation, Richland, Washington, with respect to the design, construction, and operating of the Waste Treatment and Immobilization Plant and any related, required infrastructure facilities.”
.
(b)

Clerical Amendment.—
The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4444 the following new item:
“Sec. 4445.
Plan for tank farm waste at Hanford Nuclear Reservation.”
.
SEC. 3128.

PLAN FOR IMPROVEMENT AND INTEGRATION OF FINANCIAL MANAGEMENT OF NUCLEAR SECURITY ENTERPRISE.
(a)

In General.—
The Administrator for Nuclear Security shall develop a plan for improving and integrating the financial management of the nuclear security enterprise.
(b)

Matters To Be Included.—
The plan required by subsection (a) shall include the following:
(1)
An assessment of the expected results of the plan.
(2)
An assessment of the feasibility of the plan.
(3)
The estimated costs of carrying out the plan.
(4)
A timeline for implementation of the plan.
(c)

Considerations in Development of Plan.—
In developing the plan required by subsection (a), the Administrator shall consider the following:
(1)
Efforts to improve the structure for the allocation of work to be used by the entities within the nuclear security enterprise for the activities carried out by those entities.
(2)
Efforts to develop a clear and consistent cost structure for each program and entity within the nuclear security enterprise.
(3)
Methodologies for identifying costs for programs of record and base capabilities required for programs carried out by the nuclear security enterprise.
(4)
Mechanisms for monitoring those programs during the execution of those programs and to provide data to inform oversight of those programs.
(5)
Reporting frameworks to be used by the entities within the nuclear security enterprise to facilitate analyses, projections, and comparisons of similar activities carried out by different programs across the nuclear security enterprise.
(6)
Effects of the plan on the facilities and management and operating contractors of the nuclear security enterprise.
(d)

Submission to Congress.—
The Administrator shall submit the plan required by subsection (a) to the congressional defense committees not later than one year after the date of the enactment of this Act.
(e)

Nuclear Security Enterprise Defined.—
In this section, the term “nuclear security enterprise” has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
SEC. 3129.
[50 U.S.C. 2521 note]

PLAN FOR DEVELOPING EXASCALE COMPUTING AND INCORPORATING SUCH COMPUTING INTO THE STOCKPILE STEWARDSHIP PROGRAM.
(a)

Plan Required.—
The Administrator for Nuclear Security shall develop and carry out a plan to develop exascale computing and incorporate such computing into the stockpile stewardship program under section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) during the 10-year period beginning on the date of the enactment of this Act.
(b)

Milestones.—
The plan required by subsection (a) shall include major programmatic milestones in—
(1)
the development of a prototype exascale computer for the stockpile stewardship program; and
(2)
mitigating disruptions resulting from the transition to exascale computing.
(c)

Coordination With Other Agencies.—
In developing the plan required by subsection (a), the Administrator shall coordinate, as appropriate, with the Under Secretary of Energy for Science, the Secretary of Defense, and elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
(d)

Inclusion of Costs in Future-Years Nuclear Security Program.—
The Administrator shall—
(1)
address, in the estimated expenditures and proposed appropriations reflected in each future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453) during the 10-year period beginning on the date of the enactment of this Act, the costs of—
(A)
developing exascale computing and incorporating such computing into the stockpile stewardship program; and
(B)
mitigating potential disruptions resulting from the transition to exascale computing; and
(2)
include in each such future-years nuclear security program a description of the costs of efforts to develop exascale computing borne by the National Nuclear Security Administration, the Office of Science of the Department of Energy, other Federal agencies, and private industry.
(e)

Submission to Congress.—
The Administrator shall submit the plan required by subsection (a) to the congressional defense committees with each summary of the plan required by subsection (a) of section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) submitted under subsection (b)(1) of that section during the 10-year period beginning on the date of the enactment of this Act.
(f)

Exascale Computing Defined.—
In this section, the term “exascale computing” means computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second.
SEC. 3130.

STUDY AND PLAN FOR EXTENSION OF CERTAIN PILOT PROGRAM PRINCIPLES.
(a)

In General.—
The Administrator for Nuclear Security shall conduct a study of the feasibility of, and develop a plan for, extending the principles of the pilot program to improve and streamline oversight of the Kansas City Plant, Kansas City, Missouri, initiated on or about April 2006, to additional facilities of the nuclear security enterprise.
(b)

Elements.—
The study and plan required by subsection (a) shall address the following:
(1)
The applicability of all or some of the principles of the pilot program to additional facilities of the nuclear security enterprise.
(2)
The costs, benefits, risks, opportunities, and cost avoidances that may result from the extension of the principles of the pilot program to additional facilities.
(3)
The cost avoidances that have been realized from the pilot program described in subsection (a) since the pilot program was initiated.
(4)
The actions and timelines that would be required to extend the principles of the pilot program to additional facilities if the Administrator determines that extending such principles is feasible.
(c)

Report Required.—
Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report that includes the following:
(1)
The results of the study and the plan required by subsection (a).
(2)
The determination of the Administrator regarding whether the principles of the pilot program will be extended to additional facilities of the nuclear security enterprise.
(d)

Definitions.—
In this section:
(1)
The term “appropriate congressional committees” means the following:
(A)
The congressional defense committees.
(B)
The Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(2)
The term “nuclear security enterprise” has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
(3)
The term “principles of the pilot program” means the principles regarding the use of third-party certification, industrial standards, best business practices, and verification of internal procedures and performance to improve and streamline oversight, as demonstrated in the pilot program at the Kansas City Plant described in subsection (a).
SEC. 3131.

STUDY OF POTENTIAL REUSE OF NUCLEAR WEAPON SECONDARIES.
(a)

Study.—
Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall conduct a study of the potential reuse of nuclear weapon secondaries that includes an assessment of the potential for reusing secondaries in future life extension programs, including—
(1)
a description of which secondaries could be reused;
(2)
the number of such secondaries available in the stockpile as of the date of the study; and
(3)
the number of such secondaries that are planned to be available after such date as a result of the dismantlement of nuclear weapons.
(b)

Matters Included.—
The study under subsection (a) shall include the following:
(1)
The feasibility and practicability of potential full or partial reuse options with respect to nuclear weapon secondaries.
(2)
The benefits and risks of reusing such secondaries.
(3)
A list of technical challenges that must be resolved to certify aged materials under dynamic loading conditions and the full stockpile-to-target sequence of weapons, including a program plan and timeline for resolving such technical challenges and an assessment of the importance of resolving outstanding materials issues on certifying aged secondaries.
(4)
The potential costs and cost savings of such reuse.
(5)
The effects of such reuse on the requirements for secondaries manufacturing.
(6)
An assessment of how such reuse affects plans to build a responsive nuclear weapons infrastructure.
(c)

Submission.—
Not later than March 1, 2014, the Administrator shall submit to the congressional defense committees the study under subsection (a).
SEC. 3132.

REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a)

Report on Counterintelligence and Security Practices at National Security Laboratories.—
(1)

In general.—
Section 4507 of the Atomic Energy Defense Act (50 U.S.C. 2658) is repealed.
(2)

Clerical amendment.—
The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4507.
(b)

Reports on Advanced Supercomputer Sales to Certain Foreign Nations.—
Section 3157 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. App. 2404 note) is repealed.
Subtitle D—

Other Matters
SEC. 3141.
[50 U.S.C. 2512 note]

CLARIFICATION OF ROLE OF SECRETARY OF ENERGY.
The amendment made by section 3113 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2169) to section 4102 of the Atomic Energy Defense Act (50 U.S.C. 2512) may not be construed as affecting the authority of the Secretary of Energy, in carrying out national security programs, with respect to the management, planning, and oversight of the National Nuclear Security Administration or as affecting the delegation by the Secretary of authority to carry out such activities, as set forth under subsection (a) of such section 4102 as it existed before the amendment made by such section 3113.
SEC. 3142.

MODIFICATION OF DEADLINES FOR CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE OF THE NUCLEAR SECURITY ENTERPRISE.
Section 3166 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2208) is amended—
(1)
in subsection (d)—
(A)
in paragraph (1), by striking “180 days after the date of the enactment of this Act” and inserting “March 1, 2014”; and
(B)
in paragraph (2), by striking “February 1, 2014” and inserting “July 1, 2014”; and
(2)
in subsection (f), by striking “June 1, 2014” and inserting “September 30, 2014”.
SEC. 3143.

DEPARTMENT OF ENERGY LAND CONVEYANCE.
(a)

Consolidation of Title to Bannister Federal Complex.—
Notwithstanding sections 521 and 522 of title 40, United States Code, the Administrator of General Services may transfer custody of and accountability for the portion of the real property described in subsection (b) in the custody of the General Services Administration on the date of the enactment of this Act to the National Nuclear Security Administration.
(b)

Real Property Described.—
(1)

In general.—
The real property described in this subsection is the real property, including any improvements thereon, consisting of the Bannister Federal Complex in Kansas City, Missouri.
(2)

Further description of property.—
The exact acreage and legal description of the real property described in this subsection shall be determined by a survey satisfactory to the Administrator for Nuclear Security and the Administrator of General Services.
(c)

Authorities Relating to Conveyance of Bannister Federal Complex.—
After the consolidation of custody of and accountability for the real property described in subsection (b) in the National Nuclear Security Administration under subsection (a), the Administrator for Nuclear Security may—
(1)
negotiate an agreement to convey to an eligible entity all right, title, and interest of the United States in and to the real property described in subsection (b); and
(2)
enter into an agreement, on a reimbursable basis or otherwise, with the eligible entity to provide funding for the costs of—
(A)
the negotiation of the agreement described in paragraph (1);
(B)
planning for the disposition of the property; and
(C)
carrying out the responsibilities of the Administrator under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) with respect to the property, including—
(i)
identification, investigation, and clean up of, and research and development with respect to, contamination from a hazardous substance or pollutant or contaminant;
(ii)
correction of other environmental damage that creates an imminent and substantial endangerment to the public health or welfare or to the environment; and
(iii)
demolition and removal of buildings and structures as required to clean up contamination or as required for completion of the responsibilities of the Administrator under that section.
(d)

Limitations.—
(1)

Price.—
The Administrator for Nuclear Security shall select, through a public process provided for under the regulations of the Department of Energy, the eligible entity to which the real property described in subsection (b) is to be conveyed under subsection (c). The Administrator shall use good faith efforts to ensure the greatest possible return on such conveyance considering the conditions described in paragraphs (2) and (3).
(2)

Condition on conveyance.—
The conveyance under subsection (c) shall be subject to the requirements relating to transfer of property by the Federal Government under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
(3)

Occupancy by national oceanic and atmospheric administration.—
The conveyance under subsection (c) shall be subject to the condition that the National Oceanic and Atmospheric Administration may continue to occupy until December 31, 2015, the space in the real property described in subsection (b) that the Administration occupies as of the date of the enactment of this Act.
(e)

Payment of Costs of Conveyance.—
(1)

Reimbursement of costs of conveyance.—
The Administrator for Nuclear Security shall use any funds received from the conveyance under subsection (c) to reimburse the Administrator for costs (other than costs referred to in paragraph (2) of that subsection) incurred by the Administrator to carry out the conveyance, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance.
(2)

Treatment of amounts received.—
Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs referred to in that paragraph. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(f)

Additional Terms and Conditions.—
The Administrator for Nuclear Security may require such additional terms and conditions in connection with the conveyance under subsection (c) as the Administrator considers appropriate to protect the interests of the United States.
(g)

Eligible Entity Defined.—
In this section, the term “eligible entity” means a nongovernmental entity that has demonstrated to the Administrator for Nuclear Security, in the Administrator’s sole discretion, that the entity has the capability to operate and maintain the real property described in subsection (b).
SEC. 3144.
[42 U.S.C. 2142]

TECHNICAL AMENDMENT TO ATOMIC ENERGY ACT OF 1954.
Chapter 10 of the Atomic Energy Act of 1954 (42 U.S.C. 2131 et seq.), as amended by section 3176 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2215), is amended in the matter following section 111 by inserting before “a. The Commission” the following: “Sec. 112. Domestic Medical Isotope Production.—”.
SEC. 3145.

TECHNICAL CORRECTIONS TO THE NATIONAL NUCLEAR SECURITY ADMINISTRATION ACT.
(a)

Administrator for Nuclear Security.—
Section 3212(c) of the National Nuclear Security Administration Act (50 U.S.C. 2402(c)) is amended by striking “section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))” and inserting “section 1702(c) of title 41, United States Code”.
(b)

Status of Administration and Contractor Personnel.—
Section 3220 of such Act (50 U.S.C. 2410) is amended in subsection (a)(1)(A) and subsection (b) by inserting “(42 U.S.C. 7132(c)(3))” after “section 202(c)(3) of the Department of Energy Organization Act”.
(c)

Government Access to Information and Computers.—
Section 3235(b) of such Act (50 U.S.C. 2425(b)) is amended by inserting “(Public Law 99-508; 100 Stat. 1848)” after “of 1986”.
(d)

Authority To Establish Certain Positions.—
Section 3241 of such Act (50 U.S.C. 2441) is amended in the last sentence—
(1)
by striking “excepted positions established” and inserting “positions established”;
(2)
by striking “an excepted position” and inserting “a position”; and
(3)
by striking “nonexcepted position” and inserting “position not established under this section”.
(e)

Separate Treatment in Budget.—
Section 3251(a) of such Act (50 U.S.C. 2451(a)) is amended by striking “the Congress” and inserting “Congress”.
(f)

Future-Years Nuclear Security Program.—
Section 3253(b) of such Act (50 U.S.C. 2453(b)) is amended—
(1)
by striking “five-fiscal year” each place it appears and inserting “five-fiscal-year”;
(2)
by striking paragraph (5) and by redesignating paragraph (6) as paragraph (5); and
(3)
in subparagraph (B) of paragraph (5), as redesignated by paragraph (2), by striking “National Nuclear Security”.
(g)

Compliance With Federal Acquisition Regulation.—
Section 3262 of such Act (50 U.S.C. 2462) is amended by striking “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and inserting “section 1303(a)(1) of title 41, United States Code”.
(h)

Use of Capabilities of National Security Laboratories.—
Section 3264 of such Act (50 U.S.C. 2464) is amended by inserting “of Energy” after “Secretary”.
(i)

Definitions.—
Section 3281(2)(F) of such Act (50 U.S.C. 2471(2)(F)) is amended by striking “the Congress” and inserting “Congress”.
(j)

Functions Transferred.—
Section 3291(d)(1) of such Act (50 U.S.C. 2481(d)(1)) is amended by moving the flush text after subparagraph (B) 2 ems to the left.
SEC. 3146.

TECHNICAL CORRECTIONS TO THE ATOMIC ENERGY DEFENSE ACT.
(a)

Definitions.—
(1)

In general.—
Section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) is amended—
(A)
in the matter preceding paragraph (1), by striking “In this division” and inserting “Except as otherwise provided, in this division”;
(B)
by redesignating paragraphs (5), (6), (7), and (8) as paragraphs (6), (7), (9), and (10), respectively;
(C)
by inserting after paragraph (4) the following new paragraph (5):
“(5)
The terms ‘defense nuclear facility’ and ‘Department of Energy defense nuclear facility’ have the meaning given the term ‘Department of Energy defense nuclear facility’ in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).”
;
(D)
by inserting after paragraph (7), as redesignated by subparagraph (B), the following new paragraph (8):
“(8)
The term ‘Nuclear Weapons Council’ means the Nuclear Weapons Council established by section 179 of title 10, United States Code.”
; and
(E)
in paragraph (10), as redesignated by subparagraph (B), by striking “restricted data” and inserting “Restricted Data”.
(2)

Conforming amendments.—
(A)

Nuclear weapons stockpile stewardship plan.—
Section 4203(e)(1) of such Act (50 U.S.C. 2523(e)(1)) is amended in the matter preceding subparagraph (A) by striking “established by section 179 of title 10, United States Code,”.
(B)

Reports on life extension programs.—
Section 4216(a) of such Act (50 U.S.C. 2536(a)) is amended in the matter preceding paragraph (1) by striking “established by section 179 of title 10, United States Code,”.
(C)

Selected acquisition reports.—
Section 4217(b)(1) of such Act (50 U.S.C. 2537(b)(1)) is amended in the matter preceding subparagraph (A) by striking “established under section 179 of title 10, United States Code,”.
(D)

Advice on nuclear weapons stockpile.—
Section 4218 of such Act (50 U.S.C. 2538) is amended—
(i)
in subsection (e), by striking “Joint”; and
(ii)
in subsection (f)(1), in the matter preceding subparagraph (A), by striking “established under section 179 of title 10, United States Code”.
(E)

Reports on permanent closures of defense nuclear facilities.—
Section 4422(a) of such Act (50 U.S.C. 2602(a)) is amended by striking “(as defined in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286(g))”.
(F)

Prohibition on international inspections.—
Section 4501(a) of such Act (50 U.S.C. 2651(a)) is amended by striking “restricted data” and inserting “Restricted Data”.
(G)

Review of certain documents before declassification and release.—
Section 4521 of such Act (50 U.S.C. 2671) is amended by striking “restricted data” each place it appears and inserting “Restricted Data”.
(H)

Protection against inadvertent release of restricted data and formerly restricted data.—
Section 4522 of such Act (50 U.S.C. 2672) is amended by striking subsection (g).
(I)

Definitions.—
Section 4701 of such Act (50 U.S.C. 2741) is amended—
(i)
by striking paragraph (2); and
(ii)
by redesignating paragraph (3) as paragraph (2).
(J)

Prohibition and report on bonuses to contractors.—
Section 4802 of such Act (50 U.S.C. 2782) is amended—
(i)
by striking subsection (b); and
(ii)
by redesignating subsection (c) as subsection (b).
(K)

Transfers of real property.—
Section 4831(f) of such Act (50 U.S.C. 2811(f)) is amended by striking “section:” and all that follows through “(2) The terms” and inserting “section, the terms”.
(b)

Restriction on Certain Licensing Requirement.—
Section 4103 of such Act (50 U.S.C. 2513) is amended by inserting “; 94 Stat. 3197” after “Public Law 96-540”.
(c)

Nuclear Weapons Stockpile Matters.—
(1)

Stockpile stewardship program.—
Section 4201 of such Act (50 U.S.C. 2521) is amended—
(A)
in subsection (a), in the matter preceding paragraph (1), by striking “for Nuclear Security”; and
(B)
in subsection (b)—
(i)
in paragraph (4)(D), by striking “Nevada national security site” and inserting “Nevada National Security Site”; and
(ii)
in paragraph (5)—
(I)
by striking subparagraphs (A) through (D) and inserting the following new subparagraph (A):
“(A)
the nuclear weapons production facilities; and”
; and
(II)
by redesignating subparagraph (E) as subparagraph (B).
(2)

Stockpile management program.—
Section 4204(a) of such Act (50 U.S.C. 2524(a)) is amended by striking “for Nuclear Security”.
(3)

Annual assessments of nuclear weapons stockpile.—
Section 4205 of such Act (50 U.S.C. 2525) is amended—
(A)
in subsection (c), in the matter preceding paragraph (1), by striking “for Nuclear Security”; and
(B)
in subsection (h)—
(i)
in the subsection heading, by striking “Definitions” and inserting “Definition”;
(ii)
by striking “section:” and all that follows through “(2) The term” and inserting “section, the term”; and
(iii)
by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by moving such paragraphs, as so redesignated, 2 ems to the left.
(4)

Nuclear test ban readiness program.—
Section 4207 of such Act (50 U.S.C. 2527) is amended—
(A)
by striking subsection (a);
(B)
by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively;
(C)
in subsection (a), as redesignated by subparagraph (B), by striking “Soviet Union” and inserting “Russian Federation”;
(D)
in subsection (b), as redesignated by subparagraph (B), by striking “subsection (b)” and inserting “subsection (a)”; and
(E)
in subsection (c), as redesignated by subparagraph (B)—
(i)
by striking “subsection (b)” and inserting “subsection (a)”; and
(ii)
by striking “national nuclear weapons laboratories” and inserting “national security laboratories”.
(5)

Requirements for specific request for new or modified nuclear weapons.—
Section 4209(d) of such Act (50 U.S.C. 2529(d)) is amended by striking “the date of the enactment of this Act” each place it appears and inserting “December 2, 2002”.
(6)

Manufacturing infrastructure.—
Section 4212 of such Act (50 U.S.C. 2532) is amended—
(A)
in subsection (a)(2), by striking “Review” and inserting “Memorandum”; and
(B)
in subsection (c), by striking “the Congress” and inserting “Congress”.
(7)

Reports on critical difficulties.—
Section 4213 of such Act (50 U.S.C. 2533) is amended—
(A)
in subsection (a)—
(i)
in the subsection heading, by striking “Plants” and inserting “Facilities”; and
(ii)
by striking “plant” each place it appears and inserting “facility”; and
(B)
in subsection (d)—
(i)
in the subsection heading, by striking “Certification” and inserting “Assessment”; and
(ii)
by striking “included with the decision documents” and all that follows through “the President” and inserting “submitted to the President and Congress with the matters required to be submitted under section 4205(f)”.
(8)

Plan for transformation of nuclear security enterprise.—
(A)

Repeal.—
Section 4214 of such Act (50 U.S.C. 2534) is repealed.
(B)

Clerical amendment.—
The table of contents for such Act is amended by striking the item relating to section 4214.
(9)

Replacement project for chemistry and metallurgy research building.—
Section 4215(d)(2) of such Act (50 U.S.C. 2535(d)(2)) is amended by striking “National Nuclear Security”.
(10)

Advice on nuclear weapons stockpile.—
Section 4218 of such Act (50 U.S.C. 2538), as amended by subsection (a)(2)(D), is further amended—
(A)
by striking subsection (a);
(B)
by redesignating subsections (b) through (g) as subsections (a) through (f), respectively; and
(C)
in subsection (d), as redesignated by subparagraph (B), by striking “(under section 3159 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 42 U.S.C. 7274o))” and inserting “under section 4213”.
(11)

Tritium production program.—
(A)

In general.—
Subsection (b) of section 4233 of such Act (50 U.S.C. 2543) is—
(i)
transferred to the end of section 4231 (50 U.S.C. 2541); and
(ii)
redesignated as subsection (c).
(B)

Conforming repeal.—
Section 4233 of such Act (50 U.S.C. 2543) is repealed.
(C)

Clerical amendment.—
The table of contents for such Act is amended by striking the item relating to section 4233.
(d)

Proliferation Matters.—
(1)

Nonproliferation initiatives and activities.—
(A)

Repeal.—
Section 4302 of such Act (50 U.S.C. 2562) is repealed.
(B)

Clerical amendment.—
The table of contents for such Act is amended by striking the item relating to section 4302.
(2)

Nuclear cities initiative.—
(A)

Repeal.—
Section 4304 of such Act (50 U.S.C. 2564) is repealed.
(B)

Clerical amendment.—
The table of contents for such Act is amended by striking the item relating to section 4304.
(e)

Defense Environmental Cleanup.—
(1)

Defense environmental cleanup account.—
Section 4401 of such Act (50 U.S.C. 2581) is amended—
(A)
in the section heading, by striking “restoration and waste management” and inserting “cleanup”;
(B)
in subsection (a), by striking “Restoration and Waste Management” and inserting “Cleanup”; and
(C)
in subsection (b), by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”.
(2)

Future use plans for defense environmental cleanup.—
Section 4402 of such Act (50 U.S.C. 2582) is amended—
(A)
in the section heading, by striking “environmental management program” and inserting “defense environmental cleanup”;
(B)
in subsection (a), by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”;
(C)
in subsection (b)—
(i)
by striking paragraph (2); and
(ii)
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
(D)
in subsection (c)(2), by striking “for program direction in carrying out environmental restoration and waste management” and inserting “for defense environmental cleanup”;
(E)
by striking subsection (f);
(F)
by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and
(G)
in paragraph (2) of subsection (g), as redesignated by subparagraph (F)—
(i)
by striking “an environmental restoration or waste management” and inserting “a defense environmental cleanup”; and
(ii)
by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”.
(3)

Future-years defense environmental cleanup plan.—
Section 4402A of such Act (50 U.S.C. 2582A) is amended—
(A)
in the section heading, by striking “management” and inserting “cleanup”;
(B)
in subsection (a)—
(i)
in the matter preceding paragraph (1), by striking “management” and inserting “cleanup”; and
(ii)
in paragraph (1), by striking “environmental management” and inserting “defense environmental cleanup”; and
(C)
in subsection (b), by striking “management” each place it appears and inserting “cleanup”.
(4)

Integrated fissile materials management plan.—
Section 4403 of such Act (50 U.S.C. 2583) is amended—
(A)
in subsection (a)(1)—
(i)
by striking “the Office of Fissile Materials Disposition, the Office of Nuclear Energy, and the Office of Defense Programs” and inserting “the Office of Nuclear Energy, and the Administration”; and
(ii)
by striking “storage” and inserting “storage,”; and
(B)
in subsection (b), by striking “March 31, 2000” and inserting “March 31, 2014”.
(5)

Baseline environmental management reports.—
Section 4404 of such Act (50 U.S.C. 2584) is repealed.
(6)

Accelerated schedule for defense environmental cleanup activities.—
Section 4405 of such Act (50 U.S.C. 2585) is amended—
(A)
in the section heading, by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”;
(B)
in subsection (a), by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”;
(C)
in subsection (b)—
(i)
by striking paragraph (2); and
(ii)
by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively;
(D)
by striking subsection (c);
(E)
by redesignating subsection (d) as subsection (c); and
(F)
in subsection (c), as redesignated by subparagraph (E)—
(i)
by striking “environmental restoration or waste management” and inserting “defense environmental cleanup”; and
(ii)
by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”.
(7)

Defense environmental cleanup technology program.—
Section 4406 of such Act (50 U.S.C. 2586) is amended—
(A)
in the section heading, by striking “waste” and inserting “environmental”;
(B)
by striking subsections (b) and (c); and
(C)
by redesignating subsection (d) as subsection (b).
(8)

Report on defense environmental cleanup expenditures.—
Section 4407 of such Act (50 U.S.C. 2587) is amended—
(A)
in the section heading, by striking “environmental restoration” and inserting “defense environmental cleanup”; and
(B)
by striking “environmental restoration and waste management funds for defense activities” and inserting “defense environmental cleanup funds”.
(9)

Public participation in planning for defense environmental cleanup.—
Section 4408 of such Act (50 U.S.C. 2588) is amended—
(A)
in the section heading, by striking “environmental restoration and waste management at defense nuclear facilities” and inserting “defense environmental cleanup”;
(B)
by striking “Attorneys General” and inserting “attorneys general”; and
(C)
by striking “environmental restoration and waste management” and inserting “defense environmental cleanup activities”.
(10)

Projects to accelerate closure activities.—
Section 4421 of such Act (50 U.S.C. 2601) is repealed.
(11)

Reports in connection with closures.—
Section 4422 of such Act (50 U.S.C. 2602) is amended—
(A)
in subsection (a), as amended by subsection (a)(2)(E)—
(i)
by striking “must” and inserting “shall”; and
(ii)
by striking “environmental remediation and cleanup” and inserting “defense environmental cleanup”; and
(B)
in subsection (b)(2), by striking “environmental restoration and other remediation and cleanup efforts” and inserting “defense environmental cleanup activities”.
(12)

Defense environmental management privatization projects.—
Subtitle C of title XLIV of such Act (50 U.S.C. 2611) is repealed.
(13)

Hanford waste tank cleanup program.—
Section 4442(b)(2) of such Act (50 U.S.C. 2622(b)(2)) is amended by striking “responsible for” and all that follows through “aspects” and inserting “responsible for managing all aspects”.
(14)

Funding for termination costs of river protection project.—
Section 4444(2) of such Act (50 U.S.C. 2624(2)) is amended by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”.
(15)

Savannah river site.—
Subtitle E of title XLIV of such Act (50 U.S.C. 2631 et seq.) is amended by striking sections 4453A, 4453B, 4453C, and 4453D.
(16)

Conforming amendments.—
Title XLIV of such Act (50 U.S.C. 2581 et seq.) is amended—
(A)
[50 U.S.C. 2581]
in the title heading, by striking “ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT” and inserting “DEFENSE ENVIRONMENTAL CLEANUP”;
(B)
[50 U.S.C. 2581]
in the subtitle heading for subtitle A, by striking “Environmental Restoration and Waste Management” and inserting “Defense Environmental Cleanup”; and
(C)
[50 U.S.C. 2621]
by redesignating subtitles D and E as subtitles C and D, respectively.
(17)

Clerical amendment.—
The table of contents for such Act is amended by striking the items relating to title XLIV and inserting the following new items:
“TITLE XLIV—
DEFENSE ENVIRONMENTAL CLEANUP MATTERS
“Subtitle A—
Defense Environmental Cleanup
“Sec. 4401.
Defense Environmental Cleanup Account.
“Sec. 4402.
Requirement to develop future use plans for defense environmental cleanup.
“Sec. 4402A.
Future-years defense environmental cleanup plan.
“Sec. 4403.
Integrated fissile materials management plan.
“Sec. 4405.
Accelerated schedule for defense environmental cleanup activities.
“Sec. 4406.
Defense environmental cleanup technology program.
“Sec. 4407.
Report on defense environmental cleanup expenditures.
“Sec. 4408.
Public participation in planning for defense environmental cleanup.
“Subtitle B—
Closure of Facilities
“Sec. 4422.
Reports in connection with permanent closures of Department of Energy defense nuclear facilities.
“Subtitle C—
Hanford Reservation, Washington
“Sec. 4441.
Safety measures for waste tanks at Hanford nuclear reservation.
“Sec. 4442.
Hanford waste tank cleanup program reforms.
“Sec. 4443.
River Protection Project.
“Sec. 4444.
Funding for termination costs of River Protection Project, Richland, Washington.
“Subtitle D—
Savannah River Site, South Carolina
“Sec. 4451.
Accelerated schedule for isolating high-level nuclear waste at the defense waste processing facility, Savannah River Site.
“Sec. 4452.
Multi-year plan for clean-up.
“Sec. 4453.
Continuation of processing, treatment, and disposal of legacy nuclear materials.
“Sec. 4454.
Limitation on use of funds for decommissioning F-canyon facility.”
.
(f)

Safeguards and Security Matters.—
(1)

Restrictions on access to national security laboratories.—
Section 4502 of such Act (50 U.S.C. 2652) is amended—
(A)
by striking subsections (b), (c), (d), and (e);
(B)
by redesignating subsections (f) and (g) as subsections (b) and (c), respectively; and
(C)
in paragraph (2) of subsection (c), as redesignated by subparagraph (B), by striking “as in effect on January 1, 1999”.
(2)

Counterintelligence polygraph program.—
Section 4504 of such Act (50 U.S.C. 2654) is amended—
(A)
by striking subsection (d); and
(B)
by redesignating subsection (e) as subsection (d).
(3)

Notice to congress of certain security and counterintelligence failures.—
Section 4505(e)(2) of such Act (50 U.S.C. 2656(e)(2)) is amended by striking “the Congress” and inserting “Congress”.
(4)

Amounts for declassification activities.—
Section 4525 of such Act (50 U.S.C. 2675) is amended by striking subsection (c).
(5)

Responsibility for defense programs emergency response program.—
(A)

Repeal.—
Subtitle C of title XLV of such Act (50 U.S.C. 2691) is repealed.
(B)

Clerical amendment.—
The table of contents for such Act is amended by striking the items relating to subtitle C of title XLV.
(g)

Personnel Matters.—
(1)

Appointment of certain personnel.—
Section 4601(a) of such Act (50 U.S.C. 2701(a)) is amended by striking paragraph (4).
(2)

Whistleblower protection program.—
Section 4602 of such Act (50 U.S.C. 2702) is amended—
(A)
in subsection (l), by striking “Public Law 101-512” and inserting “Public Law 101-12; 103 Stat. 16”; and
(B)
by striking subsection (n).
(3)

Incentives for employees at closure project facilities.—
(A)

Repeal.—
Section 4603 of such Act (50 U.S.C. 2703) is repealed.
(B)

Clerical amendment.—
The table of contents for such Act is amended by striking the item relating to section 4603.
(4)

Workforce restructuring place.—
Section 4604 of such Act (50 U.S.C. 2704) is amended—
(A)
in subsection (c)(6)(A), by inserting “(29 U.S.C. 2801 et seq.)” after “of 1998”; and
(B)
in subsection (f)(1), by striking “the 236 H facility at Savannah River, South Carolina; and the Mound Laboratory, Ohio” and inserting “and the 236 H facility at Savannah River, South Carolina”.
(5)

Certificates of commendation.—
Section 4605(b) of such Act (50 U.S.C. 2705(b)) is amended by striking “Cold War” and inserting “cold war”.
(6)

Executive management training.—
Section 4621(b)(6) of such Act (50 U.S.C. 2721(b)(6)) is amended by striking “environmental restoration and defense waste management” and inserting “defense environmental cleanup”.
(7)

Stockpile stewardship recruitment and training program.—
Section 4622 of such Act (50 U.S.C. 2722) is amended—
(A)
in subsection (a), by striking “Sandia” and all that follows through “Los Alamos National Laboratory” and inserting “national security laboratories”; and
(B)
in subsections (b) and (c), by striking “laboratories referred to in subsection (a)(1)” each place it appears and inserting “national security laboratories”.
(8)

Fellowship program.—
Section 4623(b) of such Act (50 U.S.C. 2723(b)) is amended in the matter preceding paragraph (1) by inserting “either of” after “who are”.
(9)

Worker protection.—
Section 4641 of such Act (50 U.S.C. 2731) is amended by striking subsection (e).
(10)

Safety oversight and enforcement.—
Section 4642 of such Act (50 U.S.C. 2732) is amended—
(A)
by striking “(a) Safety at Defense Nuclear Facilities.—”; and
(B)
by striking subsection (b).
(11)

Monitoring workers exposed to hazardous and radioactive substances.—
Section 4643 of such Act (50 U.S.C. 2733) is amended—
(A)
in subsection (a), by inserting “of Energy” after “Secretary”; and
(B)
in subsection (b)—
(i)
in paragraph (2)(B)—
(I)
by inserting “and Prevention” after “Disease Control”; and
(II)
by striking the semicolon at the end and inserting a period;
(ii)
in paragraph (3)(C), by inserting “and Measurements” after “Radiation Protection”;
(iii)
in paragraph (4)—
(I)
by striking “paragraph (1)(D)” and inserting “paragraph (1)(B)”; and
(II)
by striking “paragraph (1)(E)” and inserting “paragraph (1)”; and
(iv)
in paragraph (5), by striking “paragraph (1)(E)” and inserting “paragraph (1)”.
(12)

Programs relating to exposure on hanford reservation.—
Section 4644(c) of such Act (50 U.S.C. 2734(c)) is amended—
(A)
by striking “the Congress” each place it appears and inserting “Congress”; and
(B)
in paragraph (4), by inserting “and Prevention” after “Disease Control”.
(13)

Notification of nuclear criticality and non-nuclear incidents.—
Section 4646(a) of such Act (50 U.S.C. 2736(a)) is amended by striking “Energy and” and inserting “Energy or”.
(h)

Budget and Financial Matters.—
(1)

Reprogramming.—
Section 4702(c) of such Act (50 U.S.C. 2742(c)) is amended by striking “subsection (a)” and insert “this subsection”.
(2)

Transfer of defense environmental cleanup funds.—
Section 4710 of such Act (50 U.S.C. 2750) is amended—
(A)
in the section heading, by striking “management” and inserting “cleanup”;
(B)
in subsection (a)—
(i)
in the subsection heading, by striking “Management” and inserting “Cleanup”; and
(ii)
by striking “management” and inserting “cleanup”; and
(C)
in subsection (e)—
(i)
in paragraph (1)—
(I)
by striking “environmental restoration or waste management” and inserting “defense environmental cleanup”; and
(II)
by striking “environmental management” and inserting “environmental cleanup”; and
(ii)
in paragraph (2)—
(I)
by striking “environmental management” and inserting “environmental cleanup”; and
(II)
by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”.
(3)

Transfer of weapons activities funds.—
Section 4711(d) of such Act (50 U.S.C. 2751(d)) is amended by striking “for Nuclear Security”.
(4)

Notification of cost overruns.—
Section 4713(a)(3) of such Act (50 U.S.C. 2753(a)(3)) is amended—
(A)
in the paragraph heading, by striking “management” and inserting “cleanup”; and
(B)
in subparagraph (A), by striking “environmental management” and inserting “environmental cleanup”.
(5)

Use of funds for penalties under environmental laws.—
Section 4721(b)(2) of such Act (50 U.S.C. 2761(b)(2)) is amended by striking “the Congress” and inserting “Congress”.
(6)

Restriction on use of funds to pay certain penalties.—
Section 4722 of such Act (50 U.S.C. 2762) is amended—
(A)
by inserting “; 94 Stat. 3197” after “Public Law 96-540”; and
(B)
by striking “the Congress” and inserting “Congress”.
(i)

Administrative Matters.—
(1)

Costs not allowed under covered contracts.—
Section 4801(b)(1) of such Act (50 U.S.C. 2781(b)(1)) is amended by striking “section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)” and inserting “section 1707 of title 41, United States Code”.
(2)

Contractor liability for certain injuries or loss of property.—
Section 4803(b)(1) of such Act (50 U.S.C. 2783(b)(1)) is amended by striking “by the Act of March 9, 1920 (46 U.S.C. App. 741-752), or by the Act of March 3, 1925 (46 U.S.C. App. 781-790)” and inserting “or by chapter 309 or 311 of title 46, United States Code”.
(3)

Use of funds for laboratory-directed research and development.—
Section 4812 of such Act (50 U.S.C. 2792) is amended—
(A)
by striking subsection (b);
(B)
by striking “General Limitations.—(1)” and inserting “Limitation on Use of Weapons Activities Funds.—”;
(C)
by striking “(2)” and inserting “(b) Limitation on Use of Certain Other Funds.—”; and
(D)
in subsection (b), as redesignated by subparagraph (C)—
(i)
by striking “environmental restoration, waste management, or nuclear materials and facilities stabilization” and inserting “defense environmental cleanup”; and
(ii)
by striking “environmental restoration mission, waste management mission, or materials stabilization mission, as the case may be,” and inserting “defense environmental cleanup mission”.
(4)

Report on laboratory-directed research and development funds.—
(A)

In general.—
Section 4812A of such Act (50 U.S.C. 2793) is amended—
(i)
in the section heading, by striking “limitation” and inserting “report”;
(ii)
by striking subsection (a);
(iii)
by striking “(b) Annual Report.—(1)” and inserting “(a) Report Required.—”;
(iv)
by striking “(2)” and inserting “(b) Preparation of Report.—”; and
(v)
by striking “(3)” and inserting “(c) Criteria Used in Preparation of Report.—”.
(B)

Clerical amendment.—
The table of contents for such Act is amended by striking the item relating to section 4812A and inserting the following new item:
“Sec. 4812A.
Report on use of funds for certain research and development purposes.”
.
(5)

Critical technology partnerships.—
Section 4813 of such Act (50 U.S.C. 2794) is amended—
(A)
in subsection (b)(1), by striking “for Nuclear Security”; and
(B)
in subsection (c)—
(i)
in paragraph (1), by striking subparagraph (C) and inserting the following new subparagraph (C):
“(C)
that is a defense critical technology (as defined in section 2500 of title 10, United States Code).”
; and
(ii)
in paragraph (3)(B)(iii), by striking “Governments” and inserting “governments”.
(6)

Certain transfers of real property.—
Section 4831 of such Act (50 U.S.C. 2811), as amended by subsection (a)(2)(K), is further amended—
(A)
by striking “Secretary of Energy” each place it appears (other than in subsection (a)(1)) and inserting “Secretary”; and
(B)
in subsection (d), in the subsection heading, by striking “of Energy”.
(7)

Engineering and manufacturing research, development, and demonstration.—
(A)

In general.—
Section 4832 of such Act (50 U.S.C. 2812) is amended in the section heading by striking “plant managers of certain nuclear weapons production plants” and inserting “managers of certain nuclear weapons production facilities”.
(B)

Clerical amendment.—
The table of contents for such Act is amended by striking the item relating to section 4832 and inserting the following new item:
“Sec. 4832.
Engineering and manufacturing research, development, and demonstration by managers of certain nuclear weapons production facilities.”
.
SEC. 3147.

SENSE OF CONGRESS ON B61-12 LIFE EXTENSION PROGRAM.
It is the sense of Congress that—
(1)
the B61-12 life extension program must be a high priority of the National Nuclear Security Administration;
(2)
the B61-12 life extension program must be given top priority in the budget of the Administration and, if necessary, funding should be shifted from other programs of the Administration to ensure that the B61-12 life extension program stays on schedule to begin delivering B61-12 nuclear bombs to the military by not later than fiscal year 2020; and
(3)
further delays to the B61-12 life extension program would undermine the credibility and reliability of the nuclear deterrent of the United States and the assurances provided to allies of the United States.
SEC. 3148.

SENSE OF CONGRESS ON ESTABLISHMENT OF AN ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH.
It is the sense of Congress that the President should establish an Advisory Board on Toxic Substances and Worker Health, as described in the report of the Comptroller General of the United States titled “Energy Employees Compensation: Additional Independent Oversight and Transparency Would Improve Program’s Credibility”, numbered GAO-10-302, to—
(1)
advise the President concerning the review and approval of the Department of Labor site exposure matrix;
(2)
conduct periodic peer reviews of, and approve, medical guidance for part E claims examiners with respect to the weighing of a claimant’s medical evidence;
(3)
obtain periodic expert review of evidentiary requirements for part B claims related to lung disease regardless of approval;
(4)
provide oversight over industrial hygienists, Department of Labor staff physicians, and Department of Labor’s consulting physicians and their reports to ensure quality, objectivity, and consistency; and
(5)
coordinate exchanges of data and findings with the Advisory Board on Radiation and Worker Health (under section 3624 the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384o)) to the extent necessary.
TITLE XXXII—

DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201.
Authorization.
SEC. 3201.

AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2014, $29,915,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIV—

NAVAL PETROLEUM RESERVES
Sec. 3401.
Authorization of appropriations.
SEC. 3401.

AUTHORIZATION OF APPROPRIATIONS.
(a)

Amount.—
There are hereby authorized to be appropriated to the Secretary of Energy $20,000,000 for fiscal year 2014 for the purpose of carrying out activities under chapter 641 of title 10, United States Code, relating to the naval petroleum reserves.
(b)

Period of Availability.—
Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.
TITLE XXXV—

MARITIME ADMINISTRATION
Sec. 3501.
Authorization of appropriations for national security aspects of the Merchant Marine for fiscal year 2014.
Sec. 3502.
5-year reauthorization of vessel war risk insurance program.
Sec. 3503.
Sense of Congress.
Sec. 3504.
Treatment of funds for intermodal transportation maritime facility, Port of Anchorage, Alaska.
Sec. 3505.
Strategic seaports.
SEC. 3501.

AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY ASPECTS OF THE MERCHANT MARINE FOR FISCAL YEAR 2014.
Funds are hereby authorized to be appropriated for fiscal year 2014, to be available without fiscal year limitation if so provided in appropriations Acts, for the use of the Department of Transportation for Maritime Administration programs associated with maintaining national security aspects of the merchant marine, as follows:
(1)
For expenses necessary for operations of the United States Merchant Marine Academy, $81,268,000, of which—
(A)
$67,268,000 shall remain available until expended for Academy operations; and
(B)
$14,000,000 shall remain available until expended for capital asset management at the Academy.
(2)
For expenses necessary to support the State maritime academies, $17,100,000, of which—
(A)
$2,400,000 shall remain available until expended for student incentive payments;
(B)
$3,600,000 shall remain available until expended for direct payments to such academies; and
(C)
$11,100,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels.
(3)
For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $2,000,000, to remain available until expended.
(4)
For expenses to maintain and preserve a United States-flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $186,000,000.
(5)
For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under the program authorized by chapter 537 of title 46, United States Code, $72,655,000, of which $2,655,000 shall remain available until expended for administrative expenses of the program.
SEC. 3502.

5-YEAR REAUTHORIZATION OF VESSEL WAR RISK INSURANCE PROGRAM.
Section 53912 of title 46, United States Code, is amended by striking “December 31, 2015” and inserting “December 31, 2020”.
SEC. 3503.

SENSE OF CONGRESS.
(a)

Findings.—
Congress finds the following:
(1)
It is in the interest of United States national security that the United States merchant marine, both ships and mariners, serve as a naval auxiliary in times of war or national emergency.
(2)
The readiness of the United States merchant fleet should be augmented by a Government-owned reserve fleet comprised of ships with national defense features that may not be available immediately in sufficient numbers or types in the active United States-owned, United States-flagged, and United States-crewed commercial industry.
(3)
The Ready Reserve Force of the Maritime Administration, a component of the National Defense Reserve Fleet, plays an important role in United States national security by providing necessary readiness and efficiency in the form of a Government-owned sealift fleet.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
maintaining a United States shipbuilding base is critical to meeting United States national security requirements;
(2)
it is of vital importance that the Ready Reserve Force of the Maritime Administration remains capable, modern, and efficient in order to best serve the national security needs of the United States in times of war or national emergency;
(3)
Federal agencies must consider investment options for replacing aging vessels within the Ready Reserve Force to meet future operational commitments;
(4)
investment in recapitalizing the Ready Reserve Force may include—
(A)
construction of dual-use vessels, based on need, for use in the America’s Marine Highway Program of the Department of Transportation, as a recent study performed under a cooperative agreement between the Maritime Administration and the Navy demonstrated that dual-use vessels transporting domestic freight between United States ports could be called upon to supplement sealift capacity;
(B)
construction of tanker vessels to meet military transport needs; and
(C)
construction of vessels for use in transporting potential new energy exports; and
(5)
the Department of Transportation, in consultation with the Navy, should pursue the most cost-effective means of recapitalizing the Ready Reserve Force, including by promoting the building of new vessels that are militarily useful and commercially viable.
SEC. 3504.

TREATMENT OF FUNDS FOR INTERMODAL TRANSPORTATION MARITIME FACILITY, PORT OF ANCHORAGE, ALASKA.
Section 10205 of Public Law 109-59 (119 Stat. 1934) is amended by striking “shall” and inserting “may”.
SEC. 3505.
[46 U.S.C. 50302 note]

STRATEGIC SEAPORTS.
[Subsection (a) was repealed by section 3514(a)(1)(C) of division C of Public Law 118–31. Prior to its repeal, paragraph (1) was transferred to section 54301(a)(6) of title 46, U.S.C., redesignated as subparagraph (C) and amended. Paragraph (2) of subsection (a) was transferred to section 54301(a)(12) of title 46, U.S.C. and redesignated as subparagraph (E).]
(b)

Financial Assistance.—
Section 50302(c)(2)(D) of title 46, United States Code, is amended by inserting “and financial assistance, including grants,” after “technical assistance”.
[DIVISION D—

FUNDING TABLES
For funding tables in division D, see original public law.]