[113th Congress Public Law 66]
[From the U.S. Government Publishing Office]
[[Page 671]]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2014
[[Page 127 STAT. 672]]
Public Law 113-66
113th Congress
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. <<NOTE: Dec. 26,
2013 - [H.R. 3304]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Defense
Authorization Act for Fiscal Year 2014.>>
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.
[[Page 127 STAT. 673]]
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.
[[Page 127 STAT. 674]]
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.
[[Page 127 STAT. 675]]
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.
[[Page 127 STAT. 676]]
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.
[[Page 127 STAT. 677]]
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.
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.
[[Page 127 STAT. 678]]
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.
[[Page 127 STAT. 679]]
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.
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.
[[Page 127 STAT. 680]]
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.
[[Page 127 STAT. 681]]
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.
[[Page 127 STAT. 682]]
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.
[[Page 127 STAT. 683]]
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.
[[Page 127 STAT. 684]]
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.
[[Page 127 STAT. 685]]
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.
[[Page 127 STAT. 686]]
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 Pinon 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.
[[Page 127 STAT. 687]]
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.
[[Page 127 STAT. 688]]
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.
[[Page 127 STAT. 689]]
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. <<NOTE: 10 USC 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.
[[Page 127 STAT. 690]]
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) <<NOTE: Time period.>> 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
[[Page 127 STAT. 691]]
savings, improve the sustainment of the tactical vehicle
industrial base, and reduce risk during this downturn in defense
procurement.
(b) <<NOTE: Consultation.>> 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--
[[Page 127 STAT. 692]]
(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) <<NOTE: Determinations. Certifications.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Reports.>> 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:
[[Page 127 STAT. 693]]
``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 or otherwise made available for fiscal year 2014 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) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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.
[[Page 127 STAT. 694]]
(4) A report on the expected performance of each seaframe
variant and mission module against the current or updated
capabilities development document.
(5) <<NOTE: Certification.>> Certification that a
capability production document will be completed for each
mission module before operational testing.
(b) Report.--
(1) <<NOTE: Coordination.>> 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.
[[Page 127 STAT. 695]]
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.
[[Page 127 STAT. 696]]
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. <<NOTE: 10 USC 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.''.
[[Page 127 STAT. 697]]
(b) <<NOTE: 10 USC prec. 221.>> 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) <<NOTE: Coordination.>> 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;
[[Page 127 STAT. 698]]
(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) <<NOTE: Effective date. Time period.>> 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.--
[[Page 127 STAT. 699]]
(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
[[Page 127 STAT. 700]]
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) <<NOTE: Reports.>> submit to the appropriate
congressional committees a report that includes the plan
under subsection (a)(1); or
(B) <<NOTE: Briefing.>> 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
[[Page 127 STAT. 701]]
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.
[[Page 127 STAT. 702]]
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.
[[Page 127 STAT. 703]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Applicability. 10 USC 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 <<NOTE: Time period. Reports.>> 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--
[[Page 127 STAT. 704]]
(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) <<NOTE: Certification.>> 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) <<NOTE: Effective dates. Time periods.>> 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) <<NOTE: 10 USC 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
[[Page 127 STAT. 705]]
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 <<NOTE: Time period. Reports.>> 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) <<NOTE: Time period. Reports.>> 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
[[Page 127 STAT. 706]]
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 <<NOTE: Availability date. Reports.>> 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.--
(1) In general.--The Secretary of the Air Force shall
develop a follow-on air-launched cruise missile to the AGM-86
that--
(A) achieves initial operating capability for
conventional missions prior to the retirement of the
conventionally armed AGM-86;
(B) achieves initial operating capability for
nuclear missions prior to the retirement of the nuclear-
armed AGM-86; and
(C) is capable of internal carriage and employment
for both conventional and nuclear missions on the next-
generation long-range strike bomber.
(2) <<NOTE: Determination.>> Consecutive development.--In
developing a follow-on air-launched cruise missile to the AGM-86
in accordance with paragraph (1), the Secretary may carry out
development and production activities with respect to nuclear
missions prior to carrying out such activities with respect to
conventional missions if the Secretary determines such
consecutive order of development and production activities to be
cost effective.
[[Page 127 STAT. 707]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Establishment.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Consultation.>> 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
[[Page 127 STAT. 708]]
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. <<NOTE: 10 USC 221 note.>> 219. 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) <<NOTE: Deadline.>> 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:
[[Page 127 STAT. 709]]
(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) <<NOTE: Certification.>> 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
[[Page 127 STAT. 710]]
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) <<NOTE: 10 USC 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
[[Page 127 STAT. 711]]
(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) <<NOTE: China.>> 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.
[[Page 127 STAT. 712]]
(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
[[Page 127 STAT. 713]]
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) <<NOTE: Israel.>> 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
[[Page 127 STAT. 714]]
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. <<NOTE: 10 USC 2431 note.>> 235. ADDITIONAL MISSILE DEFENSE
RADAR FOR THE PROTECTION OF THE UNITED
STATES HOMELAND.
(a) Deployment of Long-range Discriminating Radar.--
(1) In <<NOTE: Korea.>> 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
[[Page 127 STAT. 715]]
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
[[Page 127 STAT. 716]]
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
[[Page 127 STAT. 717]]
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. <<NOTE: Consultation. 10 USC 2431 note.>> 237. 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
[[Page 127 STAT. 718]]
(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
[[Page 127 STAT. 719]]
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;
[[Page 127 STAT. 720]]
(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 <<NOTE: Deadlines.>> 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) <<NOTE: President. Determination.>> 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
[[Page 127 STAT. 721]]
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
[[Page 127 STAT. 722]]
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) <<NOTE: Time period.>> 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.
[[Page 127 STAT. 723]]
(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) <<NOTE: Assessment.>> 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.
[[Page 127 STAT. 724]]
(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. <<NOTE: 10 USC 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) <<NOTE: Determination.>> 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) <<NOTE: Appointment.>> 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
[[Page 127 STAT. 725]]
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) <<NOTE: 10 USC prec. 171.>> 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:
[[Page 127 STAT. 726]]
``(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) <<NOTE: 10 USC 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) <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 727]]
(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.
[[Page 127 STAT. 728]]
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.
[[Page 127 STAT. 729]]
``(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.''.
(b) <<NOTE: Extension. 10 USC 2684a note.>> Sunset.--This section
and subsection (h) of section 2684a of title 10, United States Code, as
added by this section, shall expire on October 1, 2019, except that any
agreement referred to in such subsection that is entered into on or
before September 30, 2019, shall continue according to its terms and
conditions as if this section has not expired.
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(c)(2) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2249; 10 U.S.C. 2701
note) is amended--
(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;
[[Page 127 STAT. 730]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>> 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:
[[Page 127 STAT. 731]]
``(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) <<NOTE: 10 USC 2229 note.>> Implementation Plan.--
(1) <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 732]]
(G) A description of how the plan will be reviewed
and assessed to monitor progress.
(c) Comptroller General Report.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter, 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.
SEC. 322. DEPARTMENT OF DEFENSE MANUFACTURING ARSENAL STUDY AND
REPORT.
(a) Review.--
(1) <<NOTE: Consultation.>> 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
[[Page 127 STAT. 733]]
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. <<NOTE: 10 USC 4551 note.>> 323. 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 129a note.>> 324. 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,
[[Page 127 STAT. 734]]
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) <<NOTE: Deadlines.>> 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) <<NOTE: Deadline.>> 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).
[[Page 127 STAT. 735]]
(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) <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 736]]
(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.
[[Page 127 STAT. 737]]
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:
[[Page 127 STAT. 738]]
``(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) <<NOTE: Definition.>> 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) <<NOTE: Definition.>> 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.
[[Page 127 STAT. 739]]
``(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) <<NOTE: Definition.>> 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. <<NOTE: 10 USC 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
[[Page 127 STAT. 740]]
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) <<NOTE: Time period. Reports.>> 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
[[Page 127 STAT. 741]]
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
[[Page 127 STAT. 742]]
same conditions and limitations, as amounts in such appropriation or
account.
``(3) <<NOTE: Deadlines.>> 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. <<NOTE: 10 USC prec. 771 note.>> 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
[[Page 127 STAT. 743]]
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) <<NOTE: Deadlines.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: 10 USC prec. 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.
[[Page 127 STAT. 744]]
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
[[Page 127 STAT. 745]]
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.
[[Page 127 STAT. 746]]
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.
[[Page 127 STAT. 747]]
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.
[[Page 127 STAT. 748]]
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) <<NOTE: Effective date. Time period.>> 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) <<NOTE: Effective date. Time period.>> 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
[[Page 127 STAT. 749]]
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) <<NOTE: 10 USC 526 note.>> Effective Date.--The amendments made
by this is section shall take effect on January 1, 2014.
[[Page 127 STAT. 750]]
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) <<NOTE: Regulations. Determination.>> 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) <<NOTE: Expiration date.>> 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'';
[[Page 127 STAT. 751]]
(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--
[[Page 127 STAT. 752]]
(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. <<NOTE: Time period. Regulations. 32 USC prec. 301 note.>>
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,
2016, 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,
2016, 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. <<NOTE: Time periods. 10 USC 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
[[Page 127 STAT. 753]]
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) <<NOTE: Afghanistan.>> 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.
[[Page 127 STAT. 754]]
(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.
[[Page 127 STAT. 755]]
(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) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Compliance. 10 USC 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,''.
[[Page 127 STAT. 756]]
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
[[Page 127 STAT. 757]]
occupational standard for a military career
designator''; and
(B) by striking ``that occupational field'' and
inserting ``that military career designator''.
SEC. 524. <<NOTE: Deadlines.>> SENSE OF CONGRESS REGARDING THE
WOMEN IN SERVICE IMPLEMENTATION PLAN.
It is the sense of Congress that the Secretaries of the military
departments--
(1) <<NOTE: Standards.>> 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) <<NOTE: Assessments.>> no later than January 1, 2016,
should complete all assessments.
SEC. 525. <<NOTE: 10 USC 113 note.>> PROVISION OF MILITARY SERVICE
RECORDS TO THE SECRETARY OF VETERANS
AFFAIRS IN AN ELECTRONIC FORMAT.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> Review.--The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall conduct a
review of--
[[Page 127 STAT. 758]]
(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.
[[Page 127 STAT. 759]]
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) <<NOTE: Applicability. 10 USC 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) <<NOTE: Deadline. 10 USC prec. 1030 note.>> 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 <<NOTE: Consultation.>>
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) <<NOTE: Time period.>> 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
[[Page 127 STAT. 760]]
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) <<NOTE: Deadline. Reports.>> 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. <<NOTE: 10 USC 2006a.>> Assistance for education and
training: availability of certain assistance
for use only for certain programs of education
``(a) <<NOTE: Effective date.>> 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
[[Page 127 STAT. 761]]
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) <<NOTE: Regulations.>> 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) <<NOTE: Time period.>> 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.
[[Page 127 STAT. 762]]
``(E) <<NOTE: Regulations.>> 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) <<NOTE: 10 USC prec. 2001.>> 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) <<NOTE: 10 USC 2006a note.>> Effective Date.--The amendments
made by this section shall take effect on August 1, 2014.
SEC. 542. <<NOTE: 10 USC 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) <<NOTE: Coordination.>> 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
[[Page 127 STAT. 763]]
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) <<NOTE: Coordination.>> 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
[[Page 127 STAT. 764]]
(2) <<NOTE: Determination.>> 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) <<NOTE: 10 USC 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
[[Page 127 STAT. 765]]
enrollments authorized by such section, after the date of the enactment
of this Act, in the virtual elementary and secondary education program
of the Department of Defense education program.
SEC. <<NOTE: 10 USC 1785 note.>> 554. FAMILY SUPPORT PROGRAMS FOR
IMMEDIATE FAMILY MEMBERS OF MEMBERS OF THE
ARMED FORCES ASSIGNED TO SPECIAL
OPERATIONS FORCES.
(a) Pilot Programs Authorized.--Consistent with such regulations as
the Secretary of Defense may prescribe to carry out this section, the
Commander of the United States Special Operations Command may conduct up
to three pilot programs to assess the feasibility and benefits of
providing family support activities for the immediate family members of
members of the Armed Forces assigned to special operations forces.
In <<NOTE: Coordination.>> selecting and conducting any pilot program
under this subsection, the Commander shall coordinate with the Under
Secretary of Defense for Personnel and Readiness.
(b) Selection of Programs.--In selecting the pilot programs to be
conducted under subsection (a), the Commander shall--
(1) identify family support activities that have a direct
and concrete impact on the readiness of special operations
forces, but that are not being provided by the Secretary of a
military department to the immediate family members of members
of the Armed Forces assigned to special operations forces; and
(2) <<NOTE: Analysis.>> conduct a cost-benefit analysis of
each family support activity proposed to be included in a pilot
program.
(c) Evaluation.--The Commander shall develop outcome measurements to
evaluate the success of each family support activity included in a pilot
program under subsection (a).
(d) Additional Authority.--The Commander may expend up to $5,000,000
during each fiscal year specified in subsection (f) to carry out the
pilot programs under subsection (a).
(e) Definitions.--In this section:
(1) The term ``Commander'' means the Commander of the United
States Special Operations Command.
(2) The term ``immediate family members'' has the meaning
given that term in section 1789(c) of title 10, United States
Code.
(3) The term ``special operations forces'' means those
forces of the Armed Forces identified as special operations
forces under section 167(i) of such title.
(f) Duration of Pilot Program Authority.--The authority provided by
subsection (a) is available to the Commander during fiscal years 2014
through 2016.
(g) Report Required.--
(1) In general.--Not later than 180 days after completing a
pilot program under subsection (a), the Commander shall submit
to the congressional defense committees a report describing the
results of the pilot program. <<NOTE: Coordination.>> The
Commander shall prepare the report in coordination with the
Under Secretary of Defense for Personnel and Readiness.
(2) Elements of report.--The report shall include the
following:
(A) A description of the pilot program to address
family support requirements not being provided by the
Secretary of a military department to immediate family
members
[[Page 127 STAT. 766]]
of members of the Armed Forces assigned to special
operations forces.
(B) An assessment of the impact of the pilot program
on the readiness of members of the Armed Forces assigned
to special operations forces.
(C) A comparison of the pilot program to other
programs conducted by the Secretaries of the military
departments to provide family support to immediate
family members of members of the Armed Forces.
(D) Recommendations for incorporating the lessons
learned from the pilot program into family support
programs conducted by the Secretaries of the military
departments.
(E) Any other matters considered appropriate by the
Commander or the Under Secretary of Defense for
Personnel and Readiness.
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--
[[Page 127 STAT. 767]]
(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. <<NOTE: 10 USC 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 <<NOTE: Certification.>> 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) <<NOTE: 10 USC prec. 1121.>> 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
[[Page 127 STAT. 768]]
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) <<NOTE: Notification.>> 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) <<NOTE: 38 USC prec. 1501.>> 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) <<NOTE: 10 USC 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) <<NOTE: Deadline.>> 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
[[Page 127 STAT. 769]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Deadline.>> 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
[[Page 127 STAT. 770]]
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
[[Page 127 STAT. 771]]
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
[[Page 127 STAT. 772]]
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. <<NOTE: 10 USC 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 9101(38) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(38)), 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
9101(38) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801(38)), 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
[[Page 127 STAT. 773]]
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.
[[Page 127 STAT. 774]]
(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;
[[Page 127 STAT. 775]]
(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.
[[Page 127 STAT. 776]]
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) <<NOTE: Deadline. Reports.>> 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
[[Page 127 STAT. 777]]
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. <<NOTE: 10 USC 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) <<NOTE: 10 USC prec. 4721.>> 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
[[Page 127 STAT. 778]]
Forces not in uniform and veterans may render the military salute in the
manner provided for persons in uniform.''.
SEC. 587. <<NOTE: 10 USC 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.
[[Page 127 STAT. 779]]
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) <<NOTE: Regulations.>> 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.
[[Page 127 STAT. 780]]
(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'':
[[Page 127 STAT. 781]]
(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. <<NOTE: 5 USC 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
[[Page 127 STAT. 782]]
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) <<NOTE: 37 USC prec. 301.>> 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
[[Page 127 STAT. 783]]
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) <<NOTE: 10 USC prec. 1030.>> 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
[[Page 127 STAT. 784]]
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) <<NOTE: 10 USC prec. 1030.>> 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) <<NOTE: 10 USC prec. 2631.>> 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)''.
[[Page 127 STAT. 785]]
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) <<NOTE: 10 USC 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:
[[Page 127 STAT. 786]]
``(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. <<NOTE: 10 USC 1475 note.>> IMPROVED ASSISTANCE FOR GOLD
STAR SPOUSES AND OTHER DEPENDENTS.
(a) Advocates for Gold Star Spouses and Other Dependents.--Each
Secretary of a military department shall designate for each Armed Force
under the jurisdiction of such Secretary a member of such Armed Force or
civilian employee of such military department to assist spouses and
other dependents of members of such Armed Force (including reserve
components thereof) who die on active duty through the provision of the
following services:
(1) Addressing complaints by spouses and other dependents of
deceased members regarding casualty assistance or receipt of
benefits authorized by law for such spouses and dependents.
(2) Providing support to such spouses and dependents
regarding such casualty assistance or receipt of such benefits.
(3) 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.
(4) 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 the spouse and
other dependents of a deceased member of the Armed Forces 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.
[[Page 127 STAT. 787]]
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).
[[Page 127 STAT. 788]]
``(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.
[[Page 127 STAT. 789]]
(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. 713. Electronic health records of the Department of Defense and the
Department of Veterans Affairs.
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. 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) <<NOTE: 10 USC
1097a.>> 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
[[Page 127 STAT. 790]]
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. <<NOTE: 10 USC 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:
[[Page 127 STAT. 791]]
(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. <<NOTE: 10 USC 1071 note.>> COMPREHENSIVE POLICY ON
IMPROVEMENTS TO CARE AND TRANSITION OF
MEMBERS OF THE ARMED FORCES WITH
UROTRAUMA.
(a) Comprehensive Policy Required.--
(1) <<NOTE: Deadline.>> 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).
[[Page 127 STAT. 792]]
(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. <<NOTE: 10 USC 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.
[[Page 127 STAT. 793]]
(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. <<NOTE: 10 USC 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
[[Page 127 STAT. 794]]
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) <<NOTE: Deadline.>> 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.
SEC. 713. <<NOTE: 10 USC 1071 note.>> ELECTRONIC HEALTH RECORDS OF
THE DEPARTMENT OF DEFENSE AND THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense and the Secretary of Veterans
Affairs have failed to implement a solution that allows for
seamless electronic sharing of medical health care data; and
(2) despite the significant amount of read-only information
shared between the Department of Defense and Department of
Veterans Affairs, most of the information shared as of the date
of the enactment of this Act is not standardized or available in
real time to support all clinical decisions.
[[Page 127 STAT. 795]]
(b) Implementation.--The Secretary of Defense and the Secretary of
Veterans Affairs--
(1) shall each ensure that the electronic health record
systems of the Department of Defense and the Department of
Veterans Affairs are interoperable with an integrated display of
data, or a single electronic health record, by complying with
the national standards and architectural requirements identified
by the Interagency Program Office of the Departments (in this
section referred to as the ``Office''), in collaboration with
the Office of the National Coordinator for Health Information
Technology of the Department of Health and Human Services; and
(2) shall each deploy modernized electronic health record
software supporting clinicians of the Departments by no later
than December 31, 2016, while ensuring continued support and
compatibility with the interoperability platform and full
standards-based interoperability.
(c) Design Principles.--The interoperable electronic health records
with integrated display of data, or a single electronic health record,
established under subsection (b) shall adhere to the following
principles:
(1) To the extent practicable, efforts to establish such
records shall be based on objectives, activities, and milestones
established by the Joint Executive Committee Joint Strategic
Plan Fiscal Years 2013-2015, as well as future addendums or
revisions.
(2) Transition the current data exchanges between the
Departments and private sector health care providers where
practical to modern, open-architecture frameworks that use
computable data mapped to national standards to make data
available for determining medical trends and for enhanced
clinician decision support.
(3) Principles with respect to open architecture standards,
including--
(A) adoption of national data standards;
(B) if such national standards do not exist as of
the date on which the record is being established,
adoption of the articulation of data of the Health Data
Dictionary until such national standards are
established;
(C) use of enterprise investment strategies that
maximize the use of commercial best practices to ensure
robust competition and best value;
(D) aggressive life-cycle sustainment planning that
uses proven technology insertion strategies and product
upgrade techniques;
(E) enforcement of system design transparency,
continuous design disclosure and improvement, and peer
reviews that align with the requirements of the Federal
Acquisition Regulation; and
(F) strategies for data management rights to ensure
a level competitive playing field and access to
alternative solutions and sources across the life-cycle
of the programs.
(4) By the point of deployment, such record must be at a
generation 3 level or better for a health information technology
system.
(5) To the extent the Secretaries consider feasible and
advisable, principles with respect to--
[[Page 127 STAT. 796]]
(A) the creation of a health data authoritative
source by the Department of Defense and the Department
of Veterans Affairs that can be accessed by multiple
providers and standardizes the input of new medical
information;
(B) the ability of patients of both the Department
of Defense and the Department of Veterans Affairs to
download, or otherwise receive electronically, the
medical records of the patient; and
(C) the feasibility of establishing a secure,
remote, network-accessible computer storage system to
provide members of the Armed Forces and veterans the
ability to upload the health care records of the member
or veteran if the member or veteran elects to do so and
allow medical providers of the Department of Defense and
the Department of Veterans Affairs to access such
records in the course of providing care to the member or
veteran.
(d) <<NOTE: Deadline. Briefing.>> Programs Plan.--Not later than
January 31, 2014, the Secretaries shall prepare and brief the
appropriate congressional committees with a detailed programs plan for
the oversight and execution of the interoperable electronic health
records with an integrated display of data, or a single electronic
health record, established under subsection (b). This briefing and
supporting documentation shall include--
(1) programs objectives;
(2) organization;
(3) responsibilities of the Departments;
(4) technical objectives and design principles;
(5) milestones, including a schedule for the development,
acquisition, or industry competitions for capabilities needed to
satisfy the technical system requirements;
(6) data standards being adopted by the programs;
(7) outcome-based metrics proposed to measure the
performance and effectiveness of the programs; and
(8) the level of funding for fiscal years 2014 through 2017.
(e) Limitation on Funds.--Not more than 25 percent of the amounts
authorized to be appropriated by this Act or otherwise made available
for development, procurement, modernization, or enhancement of the
interoperable electronic health records with an integrated display of
data, or a single electronic health record, established under subsection
(b) for the Department of Defense or the Department of Veterans Affairs
may be obligated or expended until the date on which the Secretaries
brief the appropriate congressional committees of the programs plan
under subsection (d).
(f) Reporting.--
(1) Quarterly reporting.--On a quarterly basis, the
Secretaries shall submit to the appropriate congressional
committees a detailed financial summary.
(2) Notification.--The Secretary of Defense and Secretary of
Veterans Affairs shall submit to the appropriate congressional
committees written notification prior to obligating funds for
any contract or task order for electronic health record system
modernization efforts that is in excess of $5,000,000.
(g) Requirements.--
(1) <<NOTE: Deadline.>> In general.--Not later than October
1, 2014, all health care data contained in the Department of
Defense AHLTA and the Department of Veterans Affairs VistA
systems shall
[[Page 127 STAT. 797]]
be computable in real time and comply with the existing national
data standards and have a process in place to ensure data is
standardized as national standards continue to evolve. On a
quarterly basis, the Secretaries shall submit to the appropriate
congressional committees updates on the progress of data
sharing.
(2) Certification.--At such time as the operational
capability described in subsection (b)(1) is achieved, the
Secretaries shall jointly certify to the appropriate
congressional committees that the Secretaries have complied with
such data standards described in paragraph (1).
(3) Responsible official.--The Secretaries shall each
identify a senior official to be responsible for the modern
platforms supporting an interoperable electronic health record
with an integrated display of data, or a single electronic
health record, established under subsection (b). The Secretaries
shall also each identify a senior official to be responsible for
modernizing the electronic health record software of the
respective Department. Such official shall have included within
their performance evaluation performance metrics related to the
execution of the responsibilities under this
paragraph. <<NOTE: Deadline.>> Not later than 30 days after the
date of the enactment of this Act, each Secretary shall submit
to the appropriate congressional committees the name of each
senior official selected under this paragraph.
(4) Comptroller general assessment.--If both Secretaries do
not meet the requirements under paragraph (1), the Comptroller
General of the United States shall submit to the appropriate
congressional committees an assessment of the performance of the
compliance of both Secretaries of such requirements.
(h) Executive Committee.--
(1) Establishment.--Not later than 60 days after the date of
the enactment of this Act, the Secretaries shall jointly
establish an executive committee to support the development and
validation of adopted standards, required architectural
platforms and structure, and the capacity to enforce such
standards, platforms, and structure as the Secretaries execute
requirements and develop programmatic assessment as needed by
the Secretaries to ensure interoperable electronic health
records with an integrated display of data, or a single
electronic health record, are established pursuant to the
requirements of subsection (b). The Executive Committee shall
annually certify to the appropriate congressional committees
that such record meets the definition of ``integrated'' as
specified in subsection (k)(4).
(2) Membership.--The Executive Committee established under
paragraph (1) shall consist of not more than 6 members,
appointed by the Secretaries as follows:
(A) Two co-chairs, one appointed by each of the
Secretaries.
(B) One member from the technical community of the
Department of Defense appointed by the Secretary of
Defense.
(C) One member from the technical community of the
Department of Veterans Affairs appointed by the
Secretary of Veterans Affairs.
[[Page 127 STAT. 798]]
(D) One member from the clinical community of the
Department of Defense appointed by the Secretary of
Defense.
(E) One member from the clinical community of the
Department of Veterans Affairs appointed by the
Secretary of Veterans Affairs.
(3) Reporting.--Not later than June 1, 2014, and on a
quarterly basis thereafter, the Executive Committee shall submit
to the appropriate congressional committees a report on the
activities of the Committee.
(i) <<NOTE: Reports.>> Independent Review.--The Secretary of
Defense shall request the Defense Science Board to conduct an annual
review of the progress of the Secretary toward achieving the
requirements in paragraphs (1) and (2) of subsection (b). The Defense
Science Board shall submit to the Secretary a report of the findings of
the review. Not <<NOTE: Deadline.>> later than 30 days after receiving
the report, the Secretary shall submit to the appropriate congressional
committees the report with any comments considered appropriate by the
Secretary.
(j) Deadline for Completion of Implementation of the Healthcare
Artifact and Image Management Solution Program.--
(1) Deadline.--The Secretary of Defense shall complete the
implementation of the Healthcare Artifact and Image Management
Solution program of the Department of Defense by not later than
the date that is 180 days after the date of the enactment of
this Act.
(2) Report.--Upon completion of the implementation of the
Healthcare Artifact and Image Management Solution program, the
Secretary shall submit to the appropriate congressional
committees a report describing the extent of the
interoperability between the Healthcare Artifact and Image
Management Solution program and the Veterans Benefits Management
System of the Department of Veterans Affairs.
(k) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committees on Veterans' Affairs of the
Senate and the House of Representatives.
(2) Generation 3.--The term ``generation 3'' means, with
respect to an electronic health system, a system that has the
technical capability to bring evidence-based medicine to the
point of care and provide functionality for multiple care
venues.
(3) Interoperable.--The term ``interoperable'' refers to the
ability of different electronic health records systems or
software to meaningfully exchange information in real time and
provide useful results to one or more systems.
(4) Integrated.--The term ``integrated'' refers to the
integration of health data from the Department of Defense and
the Department of Veterans Affairs and outside providers to
provide clinicians with a comprehensive medical record that
allows data existing on disparate systems to be shared or
accessed across functional or system boundaries in order to make
the most informed decisions when treating patients.
[[Page 127 STAT. 799]]
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. <<NOTE: 10 USC 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) <<NOTE: 10 USC prec. 221.>> 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).
[[Page 127 STAT. 800]]
(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.
[[Page 127 STAT. 801]]
(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.
[[Page 127 STAT. 802]]
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. <<NOTE: 10 USC 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;
[[Page 127 STAT. 803]]
(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
[[Page 127 STAT. 804]]
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) Information in Report.--The report required by section 2515(d)
of title 10, United States Code, shall include information regarding the
implementation and effectiveness of this section.
(e) Expiration.--The authority provided in this section shall expire
on December 31, 2017.
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--
[[Page 127 STAT. 805]]
(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. <<NOTE: 10 USC prec. 2571 note.>> IDENTIFICATION AND
REPLACEMENT OF OBSOLETE ELECTRONIC PARTS.
(a) <<NOTE: Deadline.>> 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
[[Page 127 STAT. 806]]
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) <<NOTE: 41 USC prec. 1101.>> by striking the item
relating to that section in the table of sections at the
beginning of such chapter.
(d) <<NOTE: Applicability. Time period. 10 USC 2324 note.>>
Effective Date.--The amendments made by this section shall apply with
respect to costs of compensation incurred under
[[Page 127 STAT. 807]]
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'';
(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) <<NOTE: 10 USC 2432 note.>> Phase-In of Additional Information
Requirements.--Section 2432(c)(1) of title 10, United States Code, as
amended
[[Page 127 STAT. 808]]
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.''.
[[Page 127 STAT. 809]]
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) <<NOTE: Applicability. Time period. 10 USC 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) <<NOTE: Deadline.>> 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
[[Page 127 STAT. 810]]
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. <<NOTE: 10 USC 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--
(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
[[Page 127 STAT. 811]]
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) <<NOTE: Consultation. Notification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 127 STAT. 812]]
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 <<NOTE: Definition.>> 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) <<NOTE: Deadlines.>> 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. <<NOTE: Determination. Notification.>> 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
[[Page 127 STAT. 813]]
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.
[[Page 127 STAT. 814]]
(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.
[[Page 127 STAT. 815]]
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.
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
[[Page 127 STAT. 816]]
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. <<NOTE: 10 USC 111 note.>> STREAMLINING OF DEPARTMENT OF
DEFENSE MANAGEMENT HEADQUARTERS.
(a) <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 817]]
(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 2016 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 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 or
reductions in management, functions, and programs and
offices 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.
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.
[[Page 127 STAT. 818]]
``(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. <<NOTE: 10 USC 1564 note.>> PERSONNEL SECURITY.
(a) Comparative Analysis.--
(1) <<NOTE: Deadline. Consultation. Reports.>> 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 <<NOTE: Determination. Plan. Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 127 STAT. 819]]
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.--
(A) Metrics required.--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.
(B) Report.--At the same time the budget of the
President for each of fiscal years 2016 through 2019 is
submitted to Congress pursuant to section 1105 of title
31, United States Code, the Secretary and the Directors
shall jointly submit to the appropriate committees of
Congress a report on the metrics established under
paragraph (1), including an assessment using the metrics
of the effectiveness of the strategy in meeting the
objectives specified in paragraph (1).
(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.
[[Page 127 STAT. 820]]
(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) <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 821]]
(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--
[[Page 127 STAT. 822]]
(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) <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 823]]
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. <<NOTE: 10 USC 2278.>> Notification of foreign
interference of national security space
``(a) <<NOTE: Determinations.>> 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 <<NOTE: 10 USC prec. 2271.>> 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
[[Page 127 STAT. 824]]
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) <<NOTE: Consultation.>> 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.
[[Page 127 STAT. 825]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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
[[Page 127 STAT. 826]]
(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) <<NOTE: Deadline.>> 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 <<NOTE: Records.>> 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
[[Page 127 STAT. 827]]
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) <<NOTE: Time period.>> 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:
[[Page 127 STAT. 828]]
``(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. <<NOTE: 10 USC prec. 421 note. Deadline.>> 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) <<NOTE: Policy.>> 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) <<NOTE: Briefing.>> 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. <<NOTE: 10 USC prec. 421 note.>> 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) <<NOTE: Deadlines.>> Annual Assessments.--Not later than 120
days after the date of the enactment of this Act, and annually
thereafter for five years, the Secretary of Defense shall submit to the
covered congressional committees a detailed assessment of Defense
Clandestine Service employment and performance based on the metrics
referred to in subsection (a)(2).
(c) Notification of Future Changes to Design.--Following the
submittal of the certification referred to in subsection (a), in the
event that any significant change is made to the Defense Clandestine
Service, the Secretary shall promptly notify the covered congressional
committees of the nature of such change.
(d) Quarterly Briefings.--The Secretary of Defense shall quarterly
provide to the covered congressional committees a briefing on the
deployments and collection activities of personnel of the Defense
Clandestine Service.
(e) Covered Congressional Committees Defined.--In this section, the
term ``covered congressional committees'' means the congressional
defense committees, the Permanent Select Committee
[[Page 127 STAT. 829]]
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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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.--
[[Page 127 STAT. 830]]
(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.
(c) Principal Advisor on Military Cyber Force Matters.--
(1) Designation.--The Secretary shall designate, from among
the personnel of the Office of the Under Secretary of Defense
for Policy, a Principal Cyber Advisor to act as the principal
advisor to the Secretary on military cyber forces and
activities. The Secretary may only designate an official under
this paragraph if such official was appointed to the position in
which such official serves by and with the advice and consent of
the Senate.
(2) Responsibilities.--The Principal Cyber Advisor shall be
responsible for the following:
(A) Overall supervision of cyber activities related
to offensive missions, defense of the United States, and
defense of Department of Defense networks, including
oversight of policy and operational considerations,
resources, personnel, and acquisition and technology.
(B) Such other matters relating to offensive
military cyber forces as the Secretary shall specify for
purposes of this subsection.
(3) Cross-functional team.--The Principal Cyber Advisor
shall--
(A) integrate the cyber expertise and perspectives
of appropriate organizations within the Office of the
Secretary of Defense, Joint Staff, military departments,
Defense Agencies, and combatant commands, by
establishing and maintaining a full-time cross-
functional team of subject matter experts from those
organizations; and
(B) select team members, and designate a team
leader, from among those personnel nominated by the
heads of such organizations.
(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) <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 831]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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
[[Page 127 STAT. 832]]
(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 <<NOTE: Certification.>> 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
[[Page 127 STAT. 833]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2223 note.>> ADDITIONAL REQUIREMENTS
RELATING TO THE SOFTWARE LICENSES OF THE
DEPARTMENT OF DEFENSE.
(a) Updated Plan.--
(1) <<NOTE: Consultation.>> 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;
[[Page 127 STAT. 834]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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 <<NOTE: Deadline. Briefing. Plans.>> 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.
SEC. 937. <<NOTE: 10 USC 2224 note.>> JOINT FEDERATED CENTERS FOR
TRUSTED DEFENSE SYSTEMS FOR THE DEPARTMENT
OF DEFENSE.
(a) Federation Required.--
(1) <<NOTE: Establishment.>> In general.--The Secretary of
Defense shall provide for the establishment of a joint
federation of capabilities to support the trusted defense system
needs of the Department of Defense (in this section referred to
as the ``federation'').
(2) Purpose.--The purpose of the federation shall be to
serve as a joint, Department-wide federation of capabilities to
support the trusted defense system needs of the Department to
ensure security in the software and hardware developed,
acquired, maintained, and used by the Department, pursuant to
the trusted defense systems strategy of the Department and
supporting policies related to software assurance and supply
chain risk management.
(b) Discharge of Establishment.--In providing for the establishment
of the federation, the Secretary shall consider whether the purpose of
the federation can be met by existing centers in the
Department. <<NOTE: Determination. Strategy.>> If the Department
determines that there are capabilities gaps that cannot be satisfied by
existing
[[Page 127 STAT. 835]]
centers, the Department shall devise a strategy for creating and
providing resources for such capabilities to fill such gaps.
(c) <<NOTE: Deadline.>> Charter.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall issue a charter
for the federation. The charter shall--
(1) be established pursuant to the trusted defense systems
strategy of the Department and supporting policies related to
software assurance and supply chain risk management; and
(2) set forth--
(A) the role of the federation in supporting program
offices in implementing the trusted defense systems
strategy of the Department;
(B) the software and hardware assurance expertise
and capabilities of the federation, including policies,
standards, requirements, best practices, contracting,
training, and testing;
(C) the requirements for the discharge by the
federation, in coordination with the Center for Assured
Software of the National Security Agency, of a program
of research and development to improve automated
software code vulnerability analysis and testing tools;
(D) the requirements for the federation to procure,
manage, and distribute enterprise licenses for automated
software vulnerability analysis tools; and
(E) the requirements for the discharge by the
federation, in coordination with the Defense
Microelectronics Activity, of a program of research and
development to improve hardware vulnerability, testing,
and protection tools.
(d) Report.--The Secretary shall submit to the congressional defense
committees, at the time of the submittal to Congress of the budget of
the President for fiscal year 2016 pursuant to section 1105 of title 31,
United States Code, a report on the funding and management of the
federation. The report shall set forth such recommendations as the
Secretary considers appropriate regarding the optimal placement of the
federation within the organizational structure of the Department,
including responsibility for the funding and management of the
federation.
SEC. 938. <<NOTE: 10 USC 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
[[Page 127 STAT. 836]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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.
[[Page 127 STAT. 837]]
SEC. 940. <<NOTE: President.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: President.>> 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. <<NOTE: Deadlines.>> NATIONAL CENTERS OF ACADEMIC
EXCELLENCE IN INFORMATION ASSURANCE
EDUCATION MATTERS.
(a) <<NOTE: Extension.>> 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.
[[Page 127 STAT. 838]]
(b) Assessment and Recommendation of Accreditation or Designation
Process.--Not <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> In general.--Not later than one
year after the date of the enactment of this Act, the Secretary
of Defense, in
[[Page 127 STAT. 839]]
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''.
[[Page 127 STAT. 840]]
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.
[[Page 127 STAT. 841]]
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) <<NOTE: Determination.>> 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
[[Page 127 STAT. 842]]
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.
SEC. 1003. <<NOTE: 10 USC 2222 note.>> AUDIT OF DEPARTMENT OF
DEFENSE FISCAL YEAR 2018 FINANCIAL
STATEMENTS.
(a) <<NOTE: Deadlines.>> Audit of DOD Financial Statements.--In
addition to the requirement under section 1003(a)(2)(A)(ii) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 10 U.S.C. 2222 note) that the Financial Improvement and Audit
Readiness Plan describe specific actions to be taken and the costs
associated with ensuring that the financial statements of the Department
of Defense are validated as ready for audit by not later than September
30, 2017, upon the conclusion of fiscal year 2018, the Secretary of
Defense shall ensure that a full audit is performed on the financial
statements of the Department of Defense for such fiscal year. The
Secretary shall submit to Congress the results of that audit by not
later than March 31, 2019.
(b) Inclusion of Audit in Financial Improvement Audit Readiness
Plan.--Section 1003(a)(2)(A) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2222 note) is
amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following new clause:
``(iii) <<NOTE: Deadline.>> ensuring the
audit of the financial statements of the
Department of Defense for fiscal year 2018 occurs
by not later than March 31, 2019.''.
[[Page 127 STAT. 843]]
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) <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 844]]
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
[[Page 127 STAT. 845]]
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:
[[Page 127 STAT. 846]]
``(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 <<NOTE: 10 USC prec. 7291.>> amended to read as
follows:
``7306. Vessels stricken from Naval Vessel Register; captured vessels:
conveyance by donation.' '''.
SEC. 1023. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
TICONDEROGA CLASS CRUISERS OR DOCK
LANDING SHIPS.
(a) Limitation on Availability of Funds.--Except as provided in
subsection (b), none of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2014 for the Department
of Defense may be obligated or expended to retire, prepare to retire,
inactivate, or place in storage a cruiser or dock landing ship.
(b) Exception.--Notwithstanding subsection (a), the funds referred
to in such subsection may be obligated or expended to retire the U.S.S.
Denver, LPD9.
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) <<NOTE: Time periods.>> 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) <<NOTE: Determination.>> 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
[[Page 127 STAT. 847]]
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.
[[Page 127 STAT. 848]]
(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) <<NOTE: Time period.>> 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
[[Page 127 STAT. 849]]
(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:
[[Page 127 STAT. 850]]
``(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) <<NOTE: Applicability. 10 USC 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) <<NOTE: Time period.>> In General.--No amounts authorized to be
appropriated or otherwise made available to the Department of Defense
may
[[Page 127 STAT. 851]]
be used during the period beginning on the date of the enactment of this
Act and ending on December 31, 2014, to construct or modify any facility
in the United States, its territories, or possessions to house any
individual detained at Guantanamo for the purposes of detention or
imprisonment in the custody or under the control of the Department of
Defense unless authorized by Congress.
(b) Exception.--The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this section, the
term ``individual detained at Guantanamo'' has the meaning given that
term in section 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 <<NOTE: Khalid Sheikh Mohammed.>> amounts authorized to be
appropriated or otherwise made available to the Department of Defense
may be used during the period beginning on the date of the enactment of
this Act and ending on December 31, 2014, to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions of Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
SEC. 1035. <<NOTE: 10 USC 801 note.>> TRANSFERS TO FOREIGN
COUNTRIES OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA.
(a) Authority to Transfer Under Certain Circumstances.--The
Secretary of Defense is authorized to transfer or release any individual
detained at Guantanamo to the individual's country of origin, or any
other foreign country, if--
(1) <<NOTE: Determination.>> the Secretary determines,
following a review conducted in accordance with the requirements
of section 1023 of the National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 801 note) and Executive Order No.
13567, that the individual is no longer a threat to the national
security of the United States; or
(2) such transfer or release outside the United States is to
effectuate an order affecting disposition of the individual by a
court or competent tribunal of the United States having
jurisdiction.
(b) Determination Required Prior to Transfer.--Except as provided in
subsection (a), the Secretary of Defense may transfer an individual
detained at Guantanamo to the custody or control of the individual's
country origin, or any other foreign country, only if the Secretary
determines that--
(1) actions that have been or are planned to be taken will
substantially mitigate the risk of such individual engaging or
reengaging in any terrorist or other hostile activity that
threatens the United States or United States persons or
interests; and
[[Page 127 STAT. 852]]
(2) the transfer is in the national security interest of the
United States.
(c) Factors to Be Considered in Making Determination.--In making the
determination specified in subsection (b), the Secretary of Defense
shall specifically evaluate and take into consideration the following
factors:
(1) The recommendations of the Guantanamo Detainee Review
Task Force established pursuant to Executive Order No. 13492 and
the recommendations of the Periodic Review Boards established
pursuant to No. Executive Order 13567, as applicable.
(2) The security situation in the foreign country to which
the individual is to be transferred, including whether or not
the country is a state sponsor of terrorism, the presence of
foreign terrorist groups, and the threat posed by such groups to
the United States.
(3) Any confirmed case in which an individual transferred to
the foreign country to which the individual is to be transferred
subsequently engaged in terrorist or other hostile activity that
threatened the United States or United States persons or
interests.
(4) Any actions taken by the United States or the foreign
country to which the individual is to be transferred, or change
in circumstances in such country, that reduce the risk of
reengagement of the type described in paragraph (3).
(5) Any assurances provided by the government of the foreign
country to which the individual is to be transferred, including
that--
(A) such government maintains control over any
facility at which the individual is to be detained if
the individual is to be housed in a government-
controlled facility; and
(B) such government has taken or agreed to take
actions to substantially mitigate the risk of the
individual engaging or reengaging in any terrorist or
other hostile activity that threatens the United States
or United States persons or interests.
(6) An assessment of the capacity, willingness, and past
practices (if applicable) of the foreign country described in
paragraph (5) in meeting any assurances it has provided,
including assurances under paragraph (5) regarding its capacity
and willingness to mitigate the risk of reengagement.
(7) Any record of cooperation by the individual to be
transferred with United States intelligence and law enforcement
authorities, pursuant to a pre-trial agreement, while in the
custody of or under the effective control of the Department of
Defense, and any agreements and effective mechanisms that may be
in place, to the extent relevant and necessary, to provide
continued cooperation with United States intelligence and law
enforcement authorities.
(8) In the case of an individual who has been tried in a
court or competent tribunal of the United States having
jurisdiction on charges based on the same conduct that serves as
a basis for the determination that the individual is an enemy
combatant, whether or not the individual has been acquitted of
such charges or has been convicted and has completed serving the
sentence pursuant to the conviction.
[[Page 127 STAT. 853]]
(d) <<NOTE: Deadline.>> Notification.--The Secretary of Defense
shall notify the appropriate committees of Congress of a determination
of the Secretary under subsection (a) or (b) not later than 30 days
before the transfer or release of the individual under such subsection.
Each notification shall include, at a minimum, the following:
(1) A detailed statement of the basis for the transfer or
release.
(2) An explanation of why the transfer or release is in the
national security interests of the United States.
(3) A description of any actions taken to mitigate the risks
of reengagement by the individual to be transferred or released,
including any actions taken to address factors relevant to a
prior case of reengagement described in subsection (c)(3).
(4) A copy of any Periodic Review Board findings relating to
the individual.
(5) A description of the evaluation conducted pursuant to
subsection (c), including a summary of the assessment required
by paragraph (6) of such subsection.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Appropriations,
and the Select Committee on Intelligence of the Senate;
and
(B) the Committee on Armed Services, the Committee
on Appropriations, the Committee on Foreign Affairs, and
the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) The term ``individual detained at Guantanamo'' means any
individual located at United States Naval Station, Guantanamo
Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the
Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(f) Repeal of Superseded Authorities.--The following provisions of
law are repealed:
(1) Section 1028 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1567; 10
U.S.C. 801 note).
(2) Section 1028 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1914; 10
U.S.C. 801 note).
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
[[Page 127 STAT. 854]]
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 <<NOTE: Public
information.>> conducting such declassification review, the Secretary
shall make such summary information publicly available to the maximum
extent practicable, consistent with national security.
SEC. 1037. <<NOTE: 10 USC 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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
[[Page 127 STAT. 855]]
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) <<NOTE: Consultation.>> 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.
[[Page 127 STAT. 856]]
(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. <<NOTE: 10 USC 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
[[Page 127 STAT. 857]]
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 <<NOTE: 10 USC prec. 121.>> is amended
by inserting after the item relating to section 130e the
following new item:
``130f. Congressional notification regarding sensitive military
operations.''.
(b) <<NOTE: Applicability. 10 USC 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) <<NOTE: 10 USC 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. <<NOTE: 10 USC 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 <<NOTE: 10 USC prec. 480.>> 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.
[[Page 127 STAT. 858]]
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. <<NOTE: 10 USC 497a.>> Notification required for
reduction or consolidation of dual-capable
aircraft based in Europe
``(a) <<NOTE: Deadline.>> 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.''.
[[Page 127 STAT. 859]]
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC prec. 491.>> 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. <<NOTE: 10 USC 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.
[[Page 127 STAT. 860]]
``(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) <<NOTE: Deadlines. Assessment.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 861]]
``(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 <<NOTE: 10 USC prec.
171.>> 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'';
[[Page 127 STAT. 862]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Notification.>> 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) <<NOTE: 10 USC 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
[[Page 127 STAT. 863]]
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) <<NOTE: Plan.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Certification. Deadline.>> 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
[[Page 127 STAT. 864]]
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) <<NOTE: 10 USC 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. <<NOTE: 10 USC 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 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 intercontinental ballistic missiles; and
[[Page 127 STAT. 865]]
(2) <<NOTE: Deadline. President. Determination.>> 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;
[[Page 127 STAT. 866]]
(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. <<NOTE: 10 USC 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;
[[Page 127 STAT. 867]]
(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. <<NOTE: 10 USC 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.
[[Page 127 STAT. 868]]
``(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) <<NOTE: Guidance. Criteria.>> 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 <<NOTE: 10 USC prec. 421.>> 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,'';
[[Page 127 STAT. 869]]
(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) <<NOTE: Consultation.>> 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 <<NOTE: 10 USC prec.
480.>> 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 and ``military transportation
services provided in support of foreign military sales''
after ``Department of Defense''; and
(C) by striking ``air industry'' and inserting
``transportation industry''.
(b) Technical Amendment.--The heading for such section is amended by
striking ``Airlift'' and inserting ``Transportation''.
[[Page 127 STAT. 870]]
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 157 of such title is <<NOTE: 10 USC prec. 2631.>> 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) <<NOTE: 10 USC 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. <<NOTE: 49 USC 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.
[[Page 127 STAT. 871]]
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) <<NOTE: Public information.>> 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) <<NOTE: Web posting.>> 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) <<NOTE: Applicability. 10 USC 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 <<NOTE: 10
USC prec. 480.>> 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
[[Page 127 STAT. 872]]
by section 334, is further amended by striking subparagraph (A),
as designated by such section, and inserting the following new
subparagraph (A):
``(A) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Repeal.>> Section 2864 (10 U.S.C. 2911
note) is repealed.
(3) Fiscal year 2007. <<NOTE: Repeal. 10 USC 2911 note.>> --
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
[[Page 127 STAT. 873]]
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
[[Page 127 STAT. 874]]
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:
[[Page 127 STAT. 875]]
(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) <<NOTE: 10 USC prec. 101.>> 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) <<NOTE: 10 USC prec. 121.>> 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) <<NOTE: 10 USC prec. 221.>> 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''.
[[Page 127 STAT. 876]]
(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) <<NOTE: 10 USC 493 note.>> National Defense Authorization Act
for Fiscal Year 2013. <<NOTE: Effective date.>> --Effective as of
January 2, 2013, and as if included therein as enacted, the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239) is
amended as follows:
(1) Section 322(e)(2) (126 Stat. 1695) <<NOTE: 10 USC
2366b.>> is amended by striking ``Section 2366b(A)(3)(F)'' and
inserting ``Section 2366b(a)(3)(F)''.
(2) Section 371(a)(1) (126 Stat. 1706) <<NOTE: 10 USC
2583.>> is amended by striking ``subsections (f) and (g) as
subsections (g) and (h), respectively'' and inserting
``subsection (f) as subsection (g)''.
(3) Section 611(7) (126 Stat. 1776) <<NOTE: 37 USC 478a.>>
is amended by striking ``Section 408a(e)'' and inserting
``Section 478a(e)''.
(4) Section 822(b) (126 Stat. 1830) <<NOTE: 10 USC 2304
note.>> is amended by striking ``such Act'' and inserting
``such section''.
(5) Section 1031(b)(3)(B) (126 Stat. 1918) <<NOTE: 10 USC
493.>> is amended by striking the subclause (III) immediately
below clause (iv).
(6) Section 1031(b)(4) (126 Stat. 1919) <<NOTE: 10 USC 492
note.>> is amended by striking ``Section 1031(b)'' and
inserting ``Section 1041(b)''.
(7) Section 1086(d)(1) (126 Stat. 1969) <<NOTE: 42 USC 3791
note.>> is amended by striking ``paragraph (1)'' and inserting
``paragraph (2)''.
(8) Section 1221(a)(2) (126 Stat. 1992) is amended by
striking ``fiscal'' both places it appears and inserting
``Fiscal''.
(9) Section 1804 (126 Stat. 2111) <<NOTE: 15 USC 2229a.>>
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) <<NOTE: 16 USC 670f note.>> National Defense Authorization Act
for Fiscal Year 2012. <<NOTE: Effective date.>> --Effective as of
December 31, 2011, and as if included therein as enacted, the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) is
amended as follows:
(1) Section 312(b)(6)(F) (125 Stat. 1354) <<NOTE: 16 USC
670f.>> 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''.
[[Page 127 STAT. 877]]
(f) <<NOTE: 10 USC 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. <<NOTE: Deadline.>> --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''.
[[Page 127 STAT. 878]]
(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 <<NOTE: Termination date.>> 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. <<NOTE: 10 USC 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.--
[[Page 127 STAT. 879]]
(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. <<NOTE: Applicability.>> --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.''.
[[Page 127 STAT. 880]]
(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) <<NOTE: Web posting. Public information.>> 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. <<NOTE: 10 USC 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. <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 881]]
(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.
(a) Transfer of HC-130H Aircraft.--
(1) Transfer by department of homeland security.--
(A) In general. <<NOTE: Deadline. Consultation.>> --
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 Homeland
Security, in consultation with the Secretary of
Agriculture and the Secretary of Defense, shall begin
transfer, without reimbursement, of--
(i) the seven demilitarized HC-130H aircraft
specified in subparagraph (C) to the Secretary of
the Air Force; and
(ii) initial spares and necessary ground
support equipment for HC-130H aircraft to the
Secretary of
[[Page 127 STAT. 882]]
Agriculture for use by the Director of Aviation
and Fire Management of the Forest Service.
(B) Calculation of initial spares.--For purposes of
clause (ii) of subparagraph (A), initial spares shall be
calculated based on shelf stock support for seven
aircraft and each aircraft flying 400 hours each year.
(C) Aircraft specified.--The aircraft specified in
this subparagraph are the HC-130H Coast Guard aircraft
with serial numbers 1706, 1708, 1709, 1713, 1714, 1719,
and 1721.
(2) Air force actions.--
(A) In general.--The Secretary of the Air Force
shall accept the HC-130H aircraft transferred by the
Secretary of Homeland Security under paragraph (1) and,
subject to the availability of funds as supplemented by
transfers under paragraph (4), shall--
(i) at the first available opportunity,
promptly schedule and serially synchronize with
the Secretary of Homeland Security and the
Secretary of Agriculture the induction of HC-130H
aircraft to minimize maintenance induction on-ramp
wait time of HC-130H aircraft;
(ii) except as provided in subparagraph (B),
perform center and outer wing-box replacement
modifications, programmed depot-level maintenance,
and modifications necessary to procure and
integrate a gravity-drop aerial fire retardant
dispersal system in each such HC-130H aircraft;
and
(iii) after modifications described in clause
(ii) are completed for each such HC-130H aircraft,
transfer each such aircraft, without
reimbursement, to the Secretary of Agriculture for
use by the Director of Aviation and Fire
Management of the Forest Service.
(B) Exceptions.--Notwithstanding subparagraph (A),
the Secretary of the Air Force may not--
(i) perform center wing-box replacement
modifications on the HC-130H aircraft with serial
numbers 1706, 1708, 1714, and 1721; or
(ii) perform an outer wing-box replacement
modification on the HC-130H aircraft with serial
number 1721.
(C) Limitations on obligation of funds.--The
Secretary of the Air Force may not obligate more than--
(i) $5,000,000 per each HC-130H aircraft
transferred under paragraph (1) to perform the
modifications necessary to procure and integrate a
gravity-drop aerial fire retardant dispersal
system in each such HC-130H aircraft unless, by
reimbursable order, the Secretary of Agriculture
provides the additional funding necessary to the
Secretary of the Air Force to complete such
modifications; and
(ii) $130,000,000 to perform all programmed
depot-level maintenance and modifications
described in subparagraph (A)(ii) for all such
aircraft unless, by reimbursable order, the
Secretary of Agriculture provides the additional
funding necessary to the Secretary of the Air
Force to complete such modifications.
[[Page 127 STAT. 883]]
(3) Coast guard actions.--In the case of any HC-130 aircraft
that is identified for transfer to the Secretary of the Air
Force and requires induction into depot-level maintenance, the
Commandant of the Coast Guard may utilize, on a limited basis,
such aircraft prior to depot-level maintenance to fulfill high-
priority maritime patrol mission requirements of the Coast
Guard. The authority under this paragraph does not include
aircraft that are modified under paragraph (2)(A)(ii).
(4) Transfer of funds.--
(A) In general.--The Secretary of Defense may use
any appropriations or funds of the Department of Defense
available for obligation as of the date of the enactment
of this Act, and shall make transfers as necessary to
supplement accounts of the Department of the Air Force,
to perform the HC-130H modifications described under
paragraph (2).
(B) Relationship to other authority.--Transfer
authority provided under this paragraph is in addition
to any other transfer authority available to the
Secretary of Defense for fiscal year 2014.
(C) Notice to congress. <<NOTE: Deadline.>> --Not
later than 15 days after making a transfer pursuant to
this paragraph, the Secretary of Defense shall notify
the congressional defense committees of such transfer.
(b) Transfer of C-23B+ Sherpa Aircraft.--
(1) In general. <<NOTE: Deadline.>> --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.
(c) Conditions of Transfers.--Aircraft transferred to the Secretary
of Agriculture under this section--
(1) may be used only for wildfire suppression purposes;
(2) may not be flown outside of, or otherwise removed from,
the United States unless dispatched by the National Interagency
Fire Center in support of an international agreement to assist
in wildfire suppression efforts or for other purposes approved
by the Secretary of Agriculture in writing in advance; and
(3) may not be sold by the Secretary of Agriculture after
transfer.
[[Page 127 STAT. 884]]
(d) Costs After Transfer.--Any costs of operation, maintenance,
sustainment, and disposal of excess aircraft, initial spares, and ground
support equipment transferred to the Secretary of Agriculture under this
section that are incurred after the date of transfer shall be borne by
the Secretary of Agriculture.
(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.
(f) Certification Requirement. <<NOTE: Deadline.>> --Notwithstanding
any other provision of law, the Secretary of Defense may not transfer
any aircraft to either the Secretary of Agriculture or the Secretary of
Homeland Security until the Secretary of Defense and the Director of the
Office of Management and Budget submit, by not later than 45 days after
the date of the enactment of this Act, to the congressional defense
committees certification that adequate funding has been transferred to
the Department of the Air Force for the purpose of modifying HC-130H
aircraft identified for transfer pursuant to subsection (a).
(g) Transfer of Certain C-23 Aircraft.--
(1) In general.--
(A) Offer of
transfer. <<NOTE: Deadline. Alaska.>> --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. <<NOTE: Applicability.>> --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
[[Page 127 STAT. 885]]
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 <<NOTE: Effective date.>> 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''.
[[Page 127 STAT. 886]]
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. <<NOTE: Deadline.>> --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) <<NOTE: Reports.>> 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) <<NOTE: Consultation.>> 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.
[[Page 127 STAT. 887]]
(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. <<NOTE: Time period.>> --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. <<NOTE: Deadline. Briefing.>> --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,''.
SEC. 1107. <<NOTE: 10 USC 2358 note.>> TEMPORARY AUTHORITIES FOR
CERTAIN POSITIONS AT DEPARTMENT OF
DEFENSE RESEARCH AND ENGINEERING
FACILITIES.
(a) Authority To Make Direct Appointments.--
[[Page 127 STAT. 888]]
(1) Candidates for scientific and engineering positions at
science and technology reinvention laboratories.--The director
of any Science and Technology Reinvention Laboratory
(hereinafter in this section referred to as an ``STRL'') may
appoint qualified candidates possessing a bachelor's degree to
positions described in paragraph (1) of subsection (b) as an
employee in a laboratory described in that paragraph without
regard to the provisions of subchapter I of chapter 33 of title
5, United States Code (other than sections 3303 and 3328 of such
title).
(2) Veteran candidates for similar positions at research and
engineering facilities.--The director of any STRL may appoint
qualified veteran candidates to positions described in paragraph
(2) of subsection (b) as an employee at a laboratory, agency, or
organization specified in that paragraph without regard to the
provisions of subchapter I of chapter 33 of title 5, United
States Code.
(b) Covered Positions.--
(1) Candidates for scientific and engineering positions.--
The positions described in this paragraph are scientific and
engineering positions that may be temporary, term, or permanent
in any laboratory designated by section 1105(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a Department of
Defense science and technology reinvention laboratory.
(2) Qualified veteran candidates.--The positions described
in this paragraph are scientific, technical, engineering, and
mathematics positions, including technicians, in the following:
(A) Any laboratory referred to in paragraph (1).
(B) Any other Department of Defense research and
engineering agency or organization designated by the
Secretary for purposes of subsection (a)(2).
(c) Limitation on Number of Appointments Allowable in a Calendar
Year.--The authority under subsection (a) may not, in any calendar year
and with respect to any laboratory, agency, or organization described in
subsection (b), be exercised with respect to a number of candidates
greater than the following:
(1) In the case of a laboratory described in subsection
(b)(1), with respect to appointment authority under subsection
(a)(1), the number equal to 3 percent of the total number of
scientific and engineering positions in such laboratory that are
filled as of the close of the fiscal year last ending before the
start of such calendar year.
(2) In the case of a laboratory, agency, or organization
described in subsection (b)(2), with respect to appointment
authority under subsection (a)(2), the number equal to 1 percent
of the total number of scientific, technical, engineering,
mathematics, and technician positions in such laboratory,
agency, or organization that are filled as of the close of the
fiscal year last ending before the start of such calendar year.
(d) Definitions.--In this section:
(1) The term ``employee'' has the meaning given that term in
section 2105 of title 5, United States Code.
(2) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
[[Page 127 STAT. 889]]
(e) Sunset.--Appointments under subsection (a) may not be made after
December 31, 2019.
(f) Senior Scientific Technical Managers.--
(1) Establishment.--There is hereby established in each STRL
a category of senior professional scientific and technical
positions, the incumbents of which shall be designated as
``senior scientific technical managers'' and which shall be
positions classified above GS-15 of the General Schedule,
notwithstanding section 5108(a) of title 5, United States Code.
The primary functions of such positions shall be--
(A) to engage in research and development in the
physical, biological, medical, or engineering sciences,
or another field closely related to the mission of such
STRL; and
(B) to carry out technical supervisory
responsibilities.
(2) Appointments.--The positions described in paragraph (1)
may be filled, and shall be managed, by the director of the STRL
involved, under criteria established pursuant to section 342(b)
of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2721), relating to personnel
demonstration projects at laboratories of the Department of
Defense, except that the director of the laboratory involved
shall determine the number of such positions at such laboratory,
not to exceed 1 percent of the number of scientists and
engineers employed at such laboratory as of the close of the
last fiscal year before the fiscal year in which any
appointments subject to that numerical limitation are made.
(3) Sunset.--Appointments under this subsection may not be
made after December 31, 2019.
(g) Reporting Requirement.--The Secretary of Defense shall submit to
the congressional defense committees an annual report on the operation
of this section. Each such report shall include, for the period covered
by such report--
(1) the total number of individuals appointed under
subsection (a)(1) during such period;
(2) the total number of individuals appointed under
subsection (a)(2) during such period; and
(3) the total number of senior scientific technical managers
at each STRL as of the end of such period.
(h) Exclusion From Personnel Limitations.--
(1) In general.--The director of an STRL shall manage the
workforce strength, structure, positions, and compensation of
such STRL--
(A) without regard to any limitation on
appointments, positions, or funding with respect to such
STRL, subject to subparagraph (B); and
(B) in a manner consistent with the budget available
with respect to such STRL.
(2) Exceptions.--Paragraph (1) shall not apply to Senior
Executive Service positions (as defined in section 3132(a) of
title 5, United States Code) or scientific and professional
positions authorized under section 3104 of such title.
SEC. 1108. COMPLIANCE WITH LAW REGARDING AVAILABILITY OF FUNDING
FOR CIVILIAN PERSONNEL.
(a) <<NOTE: Deadline.>> 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
[[Page 127 STAT. 890]]
1111 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 1580 note prec.).
(b) <<NOTE: Consultation.>> 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.
[[Page 127 STAT. 891]]
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.''.
[[Page 127 STAT. 892]]
(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) <<NOTE: Reports.>> 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) <<NOTE: Consultation.>> 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''.
[[Page 127 STAT. 893]]
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) <<NOTE: Deadline.>> 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 <<NOTE: Deadlines. Reports.>> 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--
[[Page 127 STAT. 894]]
(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.
SEC. 1203. <<NOTE: 10 USC 2011 note.>> TRAINING OF GENERAL
PURPOSE FORCES OF THE UNITED STATES
ARMED FORCES WITH MILITARY AND OTHER
SECURITY FORCES OF FRIENDLY FOREIGN
COUNTRIES.
(a) Training Authorized.--
(1) In general.--Under regulations prescribed under
subsection (f), general purpose forces of the United States
Armed Forces may train with the military forces or other
security forces of a friendly foreign country if the Secretary
of Defense determines that it is in the national security
interests of the United States to do so. Training may be
conducted under this section only with the prior approval of the
Secretary of Defense.
(2) Concurrence.--Before conducting a training event in or
with a foreign country under this subsection, the Secretary of
Defense shall seek the concurrence of the Secretary of State in
such training event.
(b) Types of Training Authorized.--Any training conducted by the
United States Armed Forces pursuant to subsection (a) shall, to the
maximum extent practicable--
(1) support the mission essential tasks for which the
training unit providing such training is responsible;
(2) be with a foreign unit or organization with equipment
that is functionally similar to such training unit; and
(3) include elements that promote--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority within
the foreign country or countries concerned.
(c) Authority To Pay Expenses.--
(1) In general.--The Secretary of a military department or
the commander of a combatant command may pay, or authorize
payment for, the incremental expenses incurred by a friendly
foreign country as the direct result of training with general
purpose forces of the United States Armed Forces pursuant to
subsection (a).
(2) Limitation.--The amount of incremental expenses payable
under paragraph (1) in any fiscal year may not exceed
$10,000,000.
(d) <<NOTE: Deadline.>> Notice Before Commencement of Training.--
The Secretary of Defense shall notify the Committees on Armed Services
of the Senate and the House of Representatives not later than 15 days
before the commencement of any training event pursuant to subsection
(a). The notice on a training event shall include a description of the
event and the foreign country or countries involved in the event.
(e) Annual Reports to Congress.--Not later than April 1 of each year
following a fiscal year in which training is conducted pursuant to
subsection (a), the Secretary of Defense shall submit
[[Page 127 STAT. 895]]
to the appropriate committees of Congress a report on the training
conducted pursuant to that subsection. Each report shall specify the
following:
(1) For the fiscal year covered by such report, the
following:
(A) Each country in which training was conducted.
(B) The type of training conducted, the duration of
such training, and the number of members of the United
States Armed Forces involved in such training.
(C) The extent of participation in such training by
foreign military forces and other security forces,
including the number and service affiliation of foreign
military and other security force personnel involved and
the physical and financial contribution of each country
specified in subparagraph (A) in such training.
(D) The relationship of such training to other
overseas training programs conducted by the United
States Armed Forces, such as military exercise programs
sponsored by the Joint Chiefs of Staff, military
exercise programs sponsored by a combatant command, and
military training activities sponsored by a military
department (including deployments for training, short
duration exercises, and other similar unit training
events).
(E) A summary of the expenditures under subsection
(c) in connection with such training.
(F) A description and assessment of the unique
military training benefits for members of the United
States Armed Forces involved in such training.
(2) <<NOTE: List. Time period.>> A list of the training
events to be conducted during the 12-month period beginning on
April 1 of the year in which such report is submitted.
(f) Regulations.--Any training conducted pursuant to subsection (a)
shall be conducted under regulations prescribed by the Secretary of
Defense for the administration of this section. <<NOTE: Deadline.>> The
regulations shall be prescribed not later than 180 days after the date
of the enactment of this Act.
(g) 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 ``incremental expenses'', with respect to a
friendly foreign country, means the reasonable and proper costs
of rations, fuel, training ammunition, transportation, and other
goods and services consumed by such country as a direct result
of that country's participation in training conducted pursuant
to subsection (a), except that such term does not include pay,
allowances, and other normal costs of such country's military or
security force personnel.
(3) The term ``other security forces'' includes national
security forces that conduct border and maritime security, but
does not include civilian police.
(h) Expiration.--The authority under this section may not be
exercised after September 30, 2017.
[[Page 127 STAT. 896]]
SEC. 1204. <<NOTE: 10 USC 401 note.>> AUTHORITY TO CONDUCT
ACTIVITIES TO ENHANCE THE CAPABILITY OF
FOREIGN COUNTRIES TO RESPOND TO
INCIDENTS INVOLVING WEAPONS OF MASS
DESTRUCTION.
(a) Authority.--The Secretary of Defense may, with the concurrence
of the Secretary of State, provide assistance to the military and
civilian first responder organizations of countries that share a border
with Syria in order to enhance the capability of such countries to
respond effectively to potential incidents involving weapons of mass
destruction in Syria and the surrounding region.
(b) Availability of Authority for Other Countries.--
(1) In general.--If the Secretary of Defense determines,
with the concurrence of the Secretary of State, that the
Department of Defense should provide the assistance authorized
in subsection (a) to countries other than the countries
described in subsection (a), the Secretary of Defense may
provide such assistance to such other countries.
(2) Limitation. <<NOTE: Notification.>> --The Secretary of
Defense may not provide assistance under paragraph (1) until the
Secretary provides written notification to the congressional
defense committees of the Secretary's intention to provide such
assistance, together with an explanation of the scope of the
assistance and the reasons for providing the assistance.
(c) Authorized Elements.--Assistance provided under this section may
include training, equipment, and supplies.
(d) Availability of Funds.--
(1) Funds available.--Amounts for assistance under this
section in a fiscal year shall be derived from amounts
authorized to be appropriated for the Department of Defense for
Operation and Maintenance, Defense-wide, and available for the
Defense Threat Reduction Agency for such fiscal year.
(2) Availability across fiscal years.--Amounts available
under paragraph (1) may be available for assistance that begins
in a fiscal year and ends in the next fiscal year.
(e) Notice to Congress on Certain Assistance.--If the amount of
assistance to be provided under this section in a fiscal year is
anticipated to exceed $4,000,000, the Secretary of Defense shall notify
the congressional defense committees in writing of that fact.
(f) Interagency Coordination. <<NOTE: Compliance.>> --In carrying
out this section, the Secretary of Defense shall comply with all
applicable requirements for coordination and consultation within the
Executive Branch.
(g) Reports.--
(1) In general.--Not later than 90 days after the authority
in subsection (a) is first exercised and 60 days after the end
of any fiscal year in which the authority under this section is
exercised, the Secretary of Defense shall submit to the
appropriate committees of Congress a report setting forth the
following:
(A) A list of the countries to which the assistance
has been or is being provided under the authority in
this section, and a description of the assistance
provided to each country under such authority.
(B) A description of how such assistance advances
the national security interests of the United States and
is consistent with broader United States national
security
[[Page 127 STAT. 897]]
policy and strategy in each country provided assistance
and within the applicable region.
(C) The amount of funds used to provide such
assistance to each country during the fiscal year
covered by the report.
(D) Any other matters the Secretary of Defense
considers appropriate.
(2) Appropriate committees of congress defined.--In this
subsection, 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.
(h) Expiration.--The authority to provide assistance under this
section may not be exercised after September 30, 2017.
SEC. 1205. <<NOTE: 32 USC 107 note.>> AUTHORIZATION OF NATIONAL
GUARD STATE PARTNERSHIP PROGRAM.
(a) Authority.--
(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, is authorized to
establish a program of exchanges of members of the National
Guard of a State or territory and the military forces, or
security forces or other government organizations whose primary
functions include disaster response or emergency response, of a
foreign country.
(2) State partnership program.--Each program established
under this subsection shall be known as a ``State Partnership
Program''.
(b) <<NOTE: Determination. Notification. Deadline.>> Limitation.--
An activity under a program established under subsection (a) that
involves the security forces or other government organizations whose
primary functions include disaster response or emergency response of a
foreign country, or an activity that the Secretary of Defense determines
is a matter within the core competencies of the National Guard of a
State or territory, may be carried out only if the Secretary of Defense,
with the concurrence of the Secretary of State, determines and notifies
the appropriate congressional committees not less than 15 days before
initiating such activity that the activity is in the national security
interests of the United States.
(c) <<NOTE: Deadlines.>> Regulations.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations to carry out this section. Such
regulations shall establish accounting procedures to ensure that
expenditures of funds to carry out this section are accounted
for and appropriate.
(2) Notification.--Not later than 15 days after the date on
which such regulations have been prescribed, the Secretary of
Defense--
(A) shall notify the appropriate congressional
committees that the regulations have been prescribed;
and
(B) <<NOTE: Records.>> shall provide to the
appropriate congressional committees a copy of the
regulations.
[[Page 127 STAT. 898]]
(d) Availability of Authorized Funds for Program.--
(1) In general.--Funds authorized to be appropriated to the
Department of Defense, including funds authorized to be
appropriated for the Army National Guard and Air National Guard,
are authorized to be available--
(A) for payment of costs incurred by the National
Guard of a State or territory to conduct activities
under a program established under subsection (a); and
(B) for payment of incremental expenses of a foreign
country to conduct activities under a program
established under subsection (a).
(2) Limitations.--
(A) Active duty requirement.--Funds shall not be
available under paragraph (1) for the participation of a
member of the National Guard of a State or territory in
activities in a foreign country unless the member is on
active duty in the Armed Forces at the time of such
participation
(B) Incremental expenses.--The total amount of
payments for incremental expenses of foreign countries
as authorized under paragraph (1)(B) for activities
under programs established under subsection (a) in any
fiscal year may not exceed $10,000,000.
(e) Reports and Notifications.--
(1) Review and report of existing programs.--
(A) Review.--The Secretary of Defense, with the
concurrence of the Secretary of State, shall conduct a
comprehensive review of each program under the State
Partnership Program as in effect on the day before the
date of the enactment of this Act.
(B) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees
a report on--
(i) the findings of the review conducted under
subparagraph (A); and
(ii) any recommendations with respect to the
review conducted under subparagraph (A).
(2) Annual report.--
(A) In general.--Not later than January 31 of each
year following a fiscal year in which activities under a
program established under subsection (a) are carried
out, the Secretary of Defense shall submit to the
appropriate congressional committees a report on such
activities under the program.
(B) Matters to be included.--Each report shall
specify, for the fiscal year covered by such report, the
following:
(i) Each foreign country in which the
activities were conducted.
(ii) The type of activities conducted, the
duration of the activities, and the number of
members of the National Guard of each State or
territory involved in such activities.
(iii) The extent of participation in the
activities by the military forces and security
forces of such foreign country.
[[Page 127 STAT. 899]]
(iv) A summary of expenditures to conduct the
activities, including the annual cost of the
activities, with a breakdown of such expenditures
by geographic combatant command.
(v) With respect to activities described in
subsection (b), the objective of the activities,
and a description of how the activities support
the theater campaign plan of the commander of the
geographic combatant command with responsibility
for the country or countries in which the training
occurred.
(f) Rule of Construction.--Nothing in this section shall be
construed to supersede any authority under title 10, United States Code,
as in effect on the date of the enactment of this Act.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Incremental expenses.--The term ``incremental
expenses'', with respect to a foreign country--
(A) means the reasonable and proper costs of
rations, fuel, training ammunition, transportation, and
other goods and services consumed by the country as a
direct result of the country's participation in
activities conducted under subsection (a); and
(B) does not include--
(i) any form of lethal assistance (excluding
training ammunition); or
(ii) pay, allowances, and other normal costs
of the personnel of the country.
(h) Repeal of Superseded Authority.--Section 1210 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2517; 32 U.S.C. 107 note) is repealed.
(i) Termination.--The authority granted under subsection (a) shall
terminate on September 30, 2016.
SEC. 1206. <<NOTE: 22 USC 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) <<NOTE: Coordination.>> 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
[[Page 127 STAT. 900]]
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) <<NOTE: Deadline. President.>> 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;
[[Page 127 STAT. 901]]
(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) <<NOTE: President.>> 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) <<NOTE: Classified information.>> 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.
[[Page 127 STAT. 902]]
(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. <<NOTE: Deadline. President.>> --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.
SEC. 1207. <<NOTE: 22 USC 2151 note.>> ASSISTANCE TO THE
GOVERNMENT OF JORDAN FOR BORDER SECURITY
OPERATIONS.
(a) Authority To Provide Assistance.--
(1) In general.--The Secretary of Defense may, with the
concurrence of the Secretary of State, provide assistance on a
reimbursement basis to the Government of Jordan for purposes of
supporting and maintaining efforts of the armed forces of Jordan
to increase security and sustain increased security along the
border between Jordan and Syria.
(2) Frequency.--Assistance under this subsection may be
provided on a quarterly basis.
(3) Certification.--Assistance may be provided under this
subsection only if the Secretary of Defense certifies to the
specified congressional committees that the Government of Jordan
is continuing to support and maintain efforts of the armed
forces of Jordan to increase security or sustain increased
security along the border between Jordan and Syria.
(b) Funds Available for Assistance.--Amounts authorized to be
appropriated for fiscal year 2014 by title XV and available for
reimbursement of certain coalition nations for support provided to
United States military operations pursuant to section 1233 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181) as specified in the funding table in section 4302 may be used to
provide assistance under the authority in subsection (a).
(c) Limitations.--
[[Page 127 STAT. 903]]
(1) Limitation on amount.--The total amount of assistance
provided under the authority in subsection (a) may not exceed
$150,000,000.
(2) Prohibition on contractual obligations.--The Secretary
of Defense may not enter into any contractual obligation to
provide assistance under the authority in subsection (a).
(d) <<NOTE: Deadline. Reports.>> Notice Before Exercise.--Not later
than 15 days before providing assistance under the authority in
subsection (a), the Secretary of Defense shall submit to the specified
congressional committees a report setting forth a full description of
the assistance to be provided, including the amount of assistance to be
provided, and the timeline for the provision of such assistance.
(e) <<NOTE: Definition.>> 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.
(f) Expiration of Authority.--No assistance may be provided under
the authority in subsection (a) after December 31, 2015.
SEC. 1208. <<NOTE: 22 USC 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) <<NOTE: Reports.>> 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
[[Page 127 STAT. 904]]
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) <<NOTE: Deadline.>> 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).
[[Page 127 STAT. 905]]
(d) <<NOTE: Deadline. Reports.>> 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
[[Page 127 STAT. 906]]
(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. <<NOTE: 10 USC 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
[[Page 127 STAT. 907]]
(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) <<NOTE: Deadlines.>> 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. <<NOTE: 22 USC 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:
[[Page 127 STAT. 908]]
``(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. <<NOTE: Consultation.>> --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 <<NOTE: Certification. Reports.>> to 100 percent of the
total taxes assessed during fiscal year 2013 by the Government of
Afghanistan
[[Page 127 STAT. 909]]
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''.
[[Page 127 STAT. 910]]
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) <<NOTE: Deadlines. Consultation.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Deadline.>>
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,
[[Page 127 STAT. 911]]
clarify existing information, or
explain any unfavorable
information.
``(ii) Iraqi special immigrant visa
coordinator. <<NOTE: Designation.>> --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) <<NOTE: Consultation. Classified information.>> 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--
[[Page 127 STAT. 912]]
``(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. <<NOTE: Consultation. Web
posting.>> --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).
[[Page 127 STAT. 913]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Deadline.>>
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. <<NOTE: Designation.>> --
The Secretary of State shall designate,
in the Embassy of the United States in
Kabul,
[[Page 127 STAT. 914]]
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) <<NOTE: Deadlines. Consultation.>> 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
[[Page 127 STAT. 915]]
(3) by adding at the end the following:
``(12) Report on improvements.--
``(A) <<NOTE: Consultation. Classified
information.>> 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) <<NOTE: Consultation. Web posting.>> 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).''.
[[Page 127 STAT. 916]]
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) <<NOTE: President.>> 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
[[Page 127 STAT. 917]]
(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) <<NOTE: President.>> 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. <<NOTE: 22 USC 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
[[Page 127 STAT. 918]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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:
[[Page 127 STAT. 919]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Definition.>> 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.
[[Page 127 STAT. 920]]
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) <<NOTE: Applicability.>> 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.''.
[[Page 127 STAT. 921]]
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) <<NOTE: Consultation.>> 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.
[[Page 127 STAT. 922]]
(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 AND LIMITATIONS
ON PROVIDING CERTAIN MISSILE DEFENSE
INFORMATION TO 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,
[[Page 127 STAT. 923]]
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.
(c) Limitations on Providing Certain Missile Defense Information to
the Russian Federation.--
(1) Certain ``hit-to-kill'' technology and telemetry data.--
No funds authorized to be appropriated or otherwise made
available for fiscal years 2014 through 2016 for the Department
of Defense may be used to provide the Russian Federation with
``hit-to-kill'' technology and telemetry data for missile
defense interceptors or target vehicles.
[[Page 127 STAT. 924]]
(2) Other sensitive missile defense information.--No funds
authorized to be appropriated or otherwise made available for
fiscal year 2014 for the Department of Defense may be used to
provide the Russian Federation with sensitive missile defense
information that would in any way compromise United States
national security.
(3) <<NOTE: Deadline. 22 USC 5922 note.>> Congressional
notification.--If the Secretary of Defense intends to provide
the Russian Federation with any sensitive missile defense
information that the Secretary determines will not compromise
United States national security, the Secretary shall notify the
congressional defense committees of the Secretary's intent to
provide such information not less than 7 days prior to the
provision of such information, including an explanation of the
reasons for providing the information and the reasons why
providing the information will not compromise United States
national security.
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) <<NOTE: Deadlines. President.>> 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
[[Page 127 STAT. 925]]
(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) <<NOTE: Consultation.>> 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.
SEC. 1249. REPORTS ON INTERNATIONAL AGREEMENTS RELATING TO THE
DEPARTMENT OF DEFENSE.
(a) <<NOTE: Coordination. Time period.>> Reports Required.--The
Secretary of Defense, in coordination with the Secretary of State, shall
semi-annually submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on agreements described in
subsection (b) which have entered into force, have been amended, or have
been terminated during the previous 6-month period and with respect to
which such agreements were previously notified by the Secretary of State
to the Congress pursuant to section 112b of title 1, United States Code
(commonly known as the ``Case-Zablocki Act'').
(b) Agreements Described.--Agreements referred to in subsection (a)
are agreements relating to matters primarily or significantly related to
or involving the Department of Defense, including, but not limited to--
(1) matters such as where the Department of Defense will
carry out activities under the agreement; and
(2) matters such as where Department of Defense personnel
are able to be present in a foreign country in light of the
status protections, exemptions, and responsibilities afforded by
the agreement.
(c) Rule of Construction.--Nothing in this section shall be
construed to supersede the requirements of section 112b of title 1,
United States Code.
(d) <<NOTE: Applicability.>> Effective Date.--This section shall
take effect on the date of the enactment of this Act, and shall apply
with respect to an agreement described in subsection (b) on or after
that date.
[[Page 127 STAT. 926]]
(e) Termination.--The section shall terminate at the close of
December 31, 2019.
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) <<NOTE: President. 22 USC 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. <<NOTE: 22 USC 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
[[Page 127 STAT. 927]]
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--
[[Page 127 STAT. 928]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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).
[[Page 127 STAT. 929]]
(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. <<NOTE: Deadline.>> --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) <<NOTE: Time period.>> 15 days have elapsed
following the date of the notification.
(d) Enhanced Authority.--
[[Page 127 STAT. 930]]
(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.
[[Page 127 STAT. 931]]
(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) <<NOTE: Coordination.>> 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;
[[Page 127 STAT. 932]]
(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) <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 933]]
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.
[[Page 127 STAT. 934]]
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. <<NOTE: 50 USC 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.
[[Page 127 STAT. 935]]
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.
[[Page 127 STAT. 936]]
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.
[[Page 127 STAT. 937]]
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
[[Page 127 STAT. 938]]
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) <<NOTE: 10 USC 2302 note.>> Equipment Disposal.--
(1) <<NOTE: Notification.>> Acceptance of certain
equipment.--The Secretary of Defense may accept equipment
procured using funds authorized under 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
[[Page 127 STAT. 939]]
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) <<NOTE: Applicability.>> 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) <<NOTE: Effective date. Repeal.>> 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). <<NOTE: Consultation.>> 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--
[[Page 127 STAT. 940]]
(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. <<NOTE: Certification.>> --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
[[Page 127 STAT. 941]]
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. <<NOTE: 10 USC 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 8(f)(1) of the Inspector General
Act of 1978 (5 U.S.C. App.).
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:
[[Page 127 STAT. 942]]
``Sec. 2279. <<NOTE: 10 USC 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) <<NOTE: Determination.>> the Secretary determines it
is in the national security of the United States to enter into
such contract; and
``(2) <<NOTE: Deadline. Consultation. Assessment.>> 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)
[[Page 127 STAT. 943]]
of this Act, is <<NOTE: 10 USC prec. 2271.>> further amended by
adding at the end the following item:
``2279. Foreign commercial satellite services.''.
(b) <<NOTE: 10 USC 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) <<NOTE: Determination.>> 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) <<NOTE: Consultation.>> 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--
[[Page 127 STAT. 944]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Repeal.>> 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. <<NOTE: 10 USC 2359 note.>> PROOF OF CONCEPT
COMMERCIALIZATION PILOT PROGRAM.
(a) Pilot Program.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Research and Engineering, may
establish and implement a pilot program, to be known as the ``Proof of
Concept Commercialization Pilot Program'', in accordance with this
section.
(b) Purpose.--The purpose of the pilot program is to accelerate the
commercialization of basic research innovations from qualifying
institutions.
(c) Awards.--
(1) In general.--Under the pilot program, the Secretary
shall make financial awards to qualifying institutions in
accordance with this subsection.
(2) Competitive, merit-based process.--An award under the
pilot program shall be made using a competitive, merit-based
process.
(3) Eligibility.--A qualifying institution shall be eligible
for an award under the pilot program if the institution agrees
to--
[[Page 127 STAT. 945]]
(A) use funds from the award for the uses specified
in paragraph (5); and
(B) oversee the use of the funds through--
(i) a rigorous, diverse review board comprised
of experts in translational and proof of concept
research, including industry, start-up, venture
capital, technical, financial, and business
experts and university technology transfer
officials;
(ii) technology validation milestones focused
on market feasibility;
(iii) simple reporting on program progress;
and
(iv) a process to reallocate funding from poor
performing projects to those with more potential.
(4) Criteria.--An award may be made under the pilot program
to a qualifying institution in accordance with the following
criteria:
(A) The extent to which a qualifying institution--
(i) has an established and proven technology
transfer or commercialization office and has a
plan for engaging that office in the program's
implementation or has outlined an innovative
approach to technology transfer that has the
potential to increase or accelerate technology
transfer outcomes and can be adopted by other
qualifying institutions;
(ii) can assemble a project management board
comprised of industry, start-up, venture capital,
technical, financial, and business experts;
(iii) has an intellectual property rights
strategy or office; and
(iv) demonstrates a plan for sustainability
beyond the duration of the funding from the award.
(B) Such other criteria as the Secretary determines
necessary.
(5) Use of award.--
(A) In general.--Subject to subparagraph (B), the
funds from an award may be used to evaluate the
commercial potential of existing discoveries, including
activities that contribute to determining a project's
commercialization path, including technical validations,
market research, clarifying intellectual property
rights, and investigating commercial and business
opportunities.
(B) Limitations.--
(i) The amount of an award may not exceed
$500,000 a year.
(ii) Funds from an award may not be used for
basic research, or to fund the acquisition of
research equipment or supplies unrelated to
commercialization activities.
(d) Report.--Not later than one year after the establishment of the
pilot program, the Secretary shall submit to the congressional defense
committees and to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report evaluating the effectiveness of
the activities of the pilot program. The report shall include--
(1) a detailed description of the pilot program, including
incentives and activities undertaken by review board experts;
[[Page 127 STAT. 946]]
(2) an accounting of the funds used in the pilot program;
(3) a detailed description of the institutional selection
process;
(4) a detailed compilation of results achieved by the pilot
program; and
(5) an analysis of the program's effectiveness, with data
supporting the analysis.
(e) Qualifying Institution Defined.--In this section, the term
``qualifying institution'' means a nonprofit institution, as defined in
section 4(3) of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3703(3)), or a Federal laboratory, as defined in section 4(4)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703(4)).
(f) Limitation.--Not more than $5,000,000 may be obligated or
expended to conduct the pilot program under this section.
(g) Termination.--The pilot program conducted under this section
shall terminate on September 30, 2018.
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. <<NOTE: 10 USC 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
[[Page 127 STAT. 947]]
``(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 <<NOTE: 10 USC prec. 2411.>>
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),''.
(d) <<NOTE: Recommenda- tions.>> Report Required.--Not later than
March 15, of 2015, 2016, and 2017, the Secretary of Defense shall submit
to the congressional defense committees a report on the implementation
of the amendments made by this section, along with any recommendations
for improving the Procurement Technical Assistance Cooperative Agreement
Program.
[[Page 127 STAT. 948]]
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
[[Page 127 STAT. 949]]
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) <<NOTE: Deadline. 15 USC 632 note.>> Requirement for
plan.--Not later than 180 days after the date of the enactment
of this Act, the Administrator of
[[Page 127 STAT. 950]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 15 USC 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.
[[Page 127 STAT. 951]]
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.
[[Page 127 STAT. 952]]
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. <<NOTE: 10 USC 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.
[[Page 127 STAT. 953]]
``(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) <<NOTE: 10 USC prec. 801.>>
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) <<NOTE: 10 USC 806b note.>> Implementation.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Regulations.>> 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.
[[Page 127 STAT. 954]]
(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.
[[Page 127 STAT. 955]]
``(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 <<NOTE: 10 USC prec. 830.>> 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
[[Page 127 STAT. 956]]
person shall provide, at that same time, a written explanation of the
reasons for such action. <<NOTE: Records.>> 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. <<NOTE: Records.>>
The written explanation shall be made a part of the record of the trial
and action thereon.
``(D)(i) <<NOTE: Definition.>> 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
[[Page 127 STAT. 957]]
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. <<NOTE: Applicability.>> --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
[[Page 127 STAT. 958]]
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) <<NOTE: Applicability.>> Effective Dates.--
(1) <<NOTE: 10 USC 802 note.>> Article 32 amendments.--The
amendments made by subsections (a) and (c)(3) shall take effect
one year 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.
(2) <<NOTE: 10 USC 860 note.>> Article 60 amendments.--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.
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) <<NOTE: Applicability. 10 USC 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
[[Page 127 STAT. 959]]
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 <<NOTE: 10 USC prec. 855.>> 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;
[[Page 127 STAT. 960]]
(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) <<NOTE: Applicability. 10 USC 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) <<NOTE: Deadline.>> 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) <<NOTE: Extension. Time period.>> 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.
[[Page 127 STAT. 961]]
``(5) <<NOTE: Definition.>> 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), <<NOTE: 10 USC prec. 877.>> 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 <<NOTE: Deadline.>> 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.
[[Page 127 STAT. 962]]
SEC. 1709. PROHIBITION OF RETALIATION AGAINST MEMBERS OF THE ARMED
FORCES FOR REPORTING A CRIMINAL OFFENSE.
(a) <<NOTE: 10 USC 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 of 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. <<NOTE: 10 USC 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
[[Page 127 STAT. 963]]
(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 <<NOTE: 10 USC prec.
651.>> 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. <<NOTE: 10 USC 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.''.
[[Page 127 STAT. 964]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 39 of such title <<NOTE: 10 USC prec. 671.>> 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):
[[Page 127 STAT. 965]]
``(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
[[Page 127 STAT. 966]]
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) <<NOTE: Deadlines. Determinations.>> 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. <<NOTE: 10 USC 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
[[Page 127 STAT. 967]]
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
[[Page 127 STAT. 968]]
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) <<NOTE: Evaluation.>> 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).
[[Page 127 STAT. 969]]
``(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 <<NOTE: 10 USC prec. 1030.>>
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) <<NOTE: Deadline. 10 USC 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) <<NOTE: 10 USC 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.
[[Page 127 STAT. 970]]
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
[[Page 127 STAT. 971]]
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 NURSE 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) <<NOTE: 10 USC 1561 note.>> Availability of Sexual Assault
Nurse 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 nurse 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 nurse examiners based on the demographics of the
patients who utilize the military medical treatment facility.
(2) Other faciliti