H.R. 1960 (113^th): National Defense Authorization Act for Fiscal Year 2014

The status of the implementation by the Secretary of the recommendations specified on pages 30 to 34 of the report by the Inspector General.

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.

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.

A cost estimate of the monthly cost of maintaining the inventory of parts no longer usable by the Secretary.

Any other matters the Secretary considers appropriate.

one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of E–2D aircraft; and

one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of mission equipment with respect to aircraft procured under a contract entered into under paragraph (1).

one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of multiple variants of C–130J aircraft for the Department of the Navy and the Department of the Air Force; and

one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of mission equipment with respect to aircraft procured under a contract entered into under paragraph (1).

The new acquisition strategy for the evolved expendable launch vehicle program of the Air Force will maintain mission assurance, reduce costs, and provide opportunities for competition for certified launch providers.

The method in which the current and potential future certified launch providers will be evaluated in a competition is still under development.

In general

The Secretary of the Air Force shall develop and implement a plan to ensure the fair evaluation of competing contractors in awarding a contract to a certified evolved expendable launch vehicle provider.

Comparison

The plan under paragraph (1) shall include a description of how the following areas will be addressed in the evaluation:

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary shall—

GAO review

The Comptroller General of the United States shall—

Appropriate congressional committees defined

In this subsection, the term appropriate congressional committees means the following:

whether the Secretary will enter into a contract under subsection (a); and

if not, an explanation for why the Secretary will not enter into such a contract.

The status of procurements under such contract.

A detailed analysis of any cost savings achieved for each class of vehicle procured under such contract.

A description of any challenges to the Secretary in carrying out this section or in achieving any such cost savings.

Any recommendations for future implementation of a program for multiyear, multi-vehicle procurement.

the family of medium tactical vehicles;

medium tactical wheeled vehicle replacements;

the family of heavy tactical vehicles; and

logistics vehicle system replacements.

by striking (a) Limitation.—; and

by striking subsection (b).

Body armor components.

Combat helmets.

Combat protective eyewear.

Protective clothing.

Other items as determined appropriate by the Secretary.

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 alternative and effective means for stimulating competition and innovation in the personal protection equipment industrial base.

Submission

Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center conducting the study under paragraph (1) shall submit to the Secretary the study, including any findings and recommendations.

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 study conducted under subsection (a)(1).

Matters included

The report under paragraph (1) shall include the following:

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).

A description of the resources used to support the Center of Excellence from the beginning of the Center through fiscal year 2014.

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.

An assessment of the roles and responsibilities of the principal staff assistant for biometrics, the program manager for biometrics, and the Biometrics Identity Management Agency, including an analysis of alternatives to evaluate—

An assessment of the current requirements for the biometrics enabling capability to ensure the capability continues to meet the needs of the relevant military departments and elements of the Department of Defense based on the future operating environment after the drawdown in Afghanistan.

An analysis of the need to merge the program management structures and systems architecture and requirements development process for biometrics and forensics applications.

managing the software development program; and

delivering critical software capability in accordance with current program milestones.

An assessment by the independent team with respect to whether the software development program—

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.

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.

Requirement

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct an analysis of commercial link analysis tools that are compliant with the intelligence community data standards and could be used to meet the requirements of the distributed common ground system program.

Elements

The analysis required under paragraph (1) shall include the following:

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).

In general

Except as provided by paragraph (3), if the Under Secretary identifies one or more commercial link analysis tools under subsection (b) (other than such tools offered by the current technology provider) that meet the requirements for the distributed common ground system program, including the requirement for nonproprietary solutions that adhere to open-architecture principles, each covered official shall initiate a request for proposals for such link analysis tools by not later than 180 days after the Under Secretary makes such identification. Such a request for proposals shall be based on market research and competitive procedures in accordance with applicable law and the Defense Federal Acquisition Regulation Supplement.

Notification

Each covered official shall submit to the congressional defense committees written notification of any request for proposals issued under paragraph (1) by not later than 30 days after such request is issued.

Waiver of RFP timeline

If a covered official determines that issuing a request for proposals by the date specified in paragraph (1) would not be aligned with the acquisition or developmental milestones of the distributed common ground station program, the covered official may waive the requirement to issue such a request for proposals by such date if the covered official submits to the congressional defense committees a written notification of such waiver that includes—

The Secretary of the Army, with respect to matters concerning the Army.

The Secretary of the Navy, with respect to matters concerning the Navy.

The Secretary of the Air Force, with respect to matters concerning the Air Force.

The Commandant of the Marine Corps, with respect to matters concerning the Marine Corps.

The Commander of the United States Special Operations Command, with respect to matters concerning the United States Special Operations Command.

The Polaris Sales Agreement of 1963 formally arranged for the Polaris missile system to be purchased by the United Kingdom for its submarines. It was extended in 1982 to include the Trident missile system and this agreement continues to underpin the independent nuclear deterrent of the United Kingdom.

April 2013 marked the 50-year anniversary of the agreement.

Since the inception of the agreement, the agreement has been a tremendous success and provided great benefits to both nations by creating major cost savings, stronger nuclear deterrence, and a stronger alliance.

The Ohio-class ballistic missile submarine replacement of the United States and the Vanguard-class ballistic missile successor of the United Kingdom will share a common missile compartment and the Trident II/D5 strategic weapon system.

Notice and wait

The Secretary of Defense may not carry out actions described in paragraph (2) until a period of 120 days has elapsed following the date on which the Secretary notifies the congressional defense committees of the plans of the Secretary to carry out such actions.

Actions described

Actions described in this paragraph are actions relating to harvesting technology of the medium extended air defense system.

In general

Not later than February 15, 2014, the Secretary of the Army shall submit to the congressional defense committees a report on the opportunities to harvest technology of the medium extended air defense system to modernize the various air and missile defense systems and integrated architecture of the Army, based on the report required by section 226 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1678).

Matters included

The report under paragraph (1) shall include the following:

President George W. Bush and President Barack Obama have each recognized the necessity for an additional measure of protection–beyond missile defense sites in Alaska and California–for defending the United States against intercontinental ballistic missile (ICBM) threats emanating from the Middle East.

General Jacoby, the Commander of the United States Northern Command, testified before Congress that we should consider that Iran has a capability within the next few years of flight testing ICBM capable technologies and that the Iranians are intent on developing an ICBM.

General Kehler, the Commander of the United States Strategic Command, testified before Congress that I am confident that we can defend against a limited attack from Iran, although we are not in the most optimum posture to do that today * * * it doesn’t provide total defense today.

General Jacoby also testified before Congress that I would agree that a third site, wherever the decision is to build a third site, would give me better weapons access, increased GBI inventory and allow us the battle space to more optimize our defense against future threats from Iran and North Korea.

Section 227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1678) directs the Missile Defense Agency—

According the Missile Defense Agency, the cost to deploy up to 20 ground-based interceptors (GBIs) at a new missile defense site on the East Coast of the United States is approximately $3,000,000,000 and would require approximately 5 to 6 years to complete.

In general

The Missile Defense Agency shall construct and make operational in fiscal year 2018 an additional homeland missile defense site capable of protecting the homeland, designed to complement existing sites in Alaska and California, to deal more effectively with the long-range ballistic missile threat from the Middle East.

Requirement in addition to other required activities regarding missile defense sites

The Missile Defense Agency shall carry out the requirement in paragraph (1) to construct and deploy an additional homeland missile defense site (including any advance procurement and engineering and design in connection with such site) while continuing to meet the requirement to prepare environmental impact statements and a contingency plan under section 227 of the National Defense Authorization Act for Fiscal Year 2013 for the missile defense sites described in that section.

Report

Not later than 180 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to Congress a report on the missile defense site required to be constructed and deployed under paragraph (1). The report shall include a description of the current estimate of the funding to be required for construction and deployment of the missile defense site, including for advance procurement, engineering and design, materials and construction, interceptor missiles, and sensors.

the missile defenses of the United States provide defense against multiple threats, including threats to the United States, allies of the United States, and the deployed forces of the United States; and

the elimination of one threat, for example the illegal nuclear weapons program of a rogue state, does not eliminate the reason the United States deploys missile defenses to a particular region, including to defend allies of the United States and deployed forces of the United States from other regional threats.

Each country in East Asia that poses a threat to allies of the United States has verifiably dismantled the nuclear weapons and ballistic missile programs of such country.

The President has consulted with such allies with respect to the dismantlement described in paragraph (1) that—

the President submits to the congressional defense committees—

a period of 30 days has elapsed following the date on which the President submits the information under paragraph (1).

in subsection (b)(3)(A), by inserting comprehensive before life-cycle; and

by adding at the end the following:

In general

The Director of the Missile Defense Agency, in cooperation with the Director of Cost Assessment and Program Evaluation and the Defense Space Council, shall perform an analysis of alternatives for a successor to the precision tracking space system.

Consideration

The Director shall ensure that the analysis of alternatives under paragraph (1) considers the following:

Role of other departments

In conducting the analysis of alternatives under paragraph (1), the Director shall compare the advantages and disadvantages, including in terms of costs, with respect to the Director—

Terms of reference

Not later than 60 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees the terms of reference of the analysis of alternatives performed under subsection (a)(1).

In general

Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a report including—

Form

The report required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex.

options to achieve an organic kill assessment capability for the ground-based midcourse defense system that can be developed by not later than December 31, 2019, including by improving the command, control, battle management, and communications program and the sensor and communications architecture of the Agency; and

a plan to carry out such options that gives priority to including such 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.

the development of an organic kill assessment capability under subsection (a), including the plan developed under paragraph (2) of such subsection; and

the development of an interim capability for improved hit assessment under subsection (b).

Phase I of EPAA

Not later than 60 days after the date of the enactment of this Act, the President shall consult with the North Atlantic Council and the Secretary General of the North Atlantic Treaty Organization (in this section referred to as NATO) on—

Phases II and III of EPAA

The President shall use the NATO Military Common-Funded Resources process to seek to fund at least 50 percent of the costs for phases II and III of the phased, adaptive approach to missile defense in Europe.

Reports

Not later than 180 days after the date of the enactment of this Act, and each 180-day period thereafter, the President shall 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 funding provided by NATO pursuant to paragraphs (1) and (2).

President Ronald Reagan in March 1983, in a speech from the oval office, laid the corner stone for a long-term research and development program to begin to achieve our ultimate goal of eliminating the threat posed by strategic nuclear missiles.

President Reagan stated, I've become more and more deeply convinced that the human spirit must be capable of rising above dealing with other nations and human beings by threatening their existence * * * What if free people could live secure in the knowledge that their security did not rest upon the threat of instant United States retaliation to deter a Soviet attack, that we could intercept and destroy strategic ballistic missiles before they reached our own soil or that of our allies?.

The Strategic Defense Initiative, also known as Star Wars, challenged the nation to accomplish the impossible by moving beyond the obvious possibilities of the day to set the United States and our allies up for success.

In 1999, the Ballistic Missile Defense Organization (BMDO), National Missile Defense (NMD) prototype interceptor successfully demonstrated “hit-to-kill” technology intercepting a modified Minuteman intercontinental Ballistic Missile (ICBM).

Congress passed the National Missile Defense Act of 1999 (Public Law 106–38) (signed by President Clinton), which stated, It is the policy of the United States to deploy, as soon as is technologically possible, an effective National Missile Defense system capable of defending the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).

On December 13, 2001, President George W. Bush announced I have concluded the ABM treaty hinders our government's ability to develop ways to protect our people from future terrorist or rogue state missile attacks.

Russian President Vladimir Putin said the move was not a threat to the security of the Russian Federation.

Since 2001, the United States has deployed considerable Missile Defense capability: 30 ground-based interceptors defending the continental U.S. today; 32 Aegis BMD ships; 113 SM–3 IA interceptors; 25 SM–3 IB interceptors; 3 THAAD batteries and 89 interceptors; and 8 AN/TPY–2 forward-based sensors.

The United States has partnerships with 22 nations, and the North Atlantic Treaty Organization (NATO), for missile defense cooperation. Likewise, India and South Korea are developing missile defenses and the Russian Federation and People’s Republic of China are also developing and improving missile defenses.

Since 2001 when they began development, United States missile defenses have had a test record of 58 of 73 hit-to-kill intercept attempts and have been successful across all programs of the integrated system, including Aegis Ballistic Missile Defense (BMD), Ground-based Midcourse Defense (GMD), Terminal High Altitude Area Defense (THAAD), and PATRIOT Advanced Capability–3.

In July of 2004, the United States missile defense system was declared operational with limited capability. Since that time, it has offered defense against limited threats to the continental United States.

The United States has cooperatively developed with our Israeli allies a number of missile defense systems including Arrow, Arrow 3 and David’s Sling, systems which will protector our Israeli allies and contribute technology and expertise to United States systems.

The United States in support of NATO deployed a Patriot missile battery to defend the population and territory of Turkey and provide material support for Article V of the North Atlantic Treaty in the event of spillover from the Syrian civil war and has deployed Phase I of the European Phased Adaptive Approach, which includes a transportable x-band radar array and an on-station AEGIS ballistic missile defense ship armed with Standard Missile 3 block IA missile interceptors.

When United States territory, deployed forces and allies were threatened by North Korean ballistic missiles the United States had the operational capability and national will to deploy THAAD units to Guam to provide a defensive shield.

The United States continues to work jointly with Japan to improve the Navy Aegis Ballistic Missile Defense (BMD) which in addition to providing missile defense in the Pacific is also a keystone in the Phased Adaptive Approach for European missile defense.

On-going research and development under the auspices of the Missile Defense Agency will continue to expand the technology envelope to deploy a layered missile defense system capable of defending the homeland, our military forces deployed overseas, friendly nations and our allies against all ballistic missiles from launch and orbit to reentry.

A credible ballistic missile defense system is critical to the national defense of the United States.

recognizes the inspiring leadership of President Ronald Reagan to maintain the peace through strength;

recognizes the enduring obligation President as Commander in Chief to preserve, protect, and defend the Constitution;

commemorates the vision of President Reagan on the 30th anniversary of the Strategic Defense Initiative;

believes that it is imperative that the United States continue fielding a robust missile defense system, including additional ground based interceptors; and

commits to supporting continued investments in future missile defense capabilities and emerging technologies such as directed energy and railguns.

On April 15, 2013, the National Security Advisor to the President, Tom Donilon, conveyed a personal letter from President Obama to the President of the Russian Federation, Vladimir Putin.

Press reports indicate that in this letter the President proposed, developing a legally-binding agreement on transparency, which would include exchange of information to confirm that our programs do not pose a threat to each other’s deterrence forces, through a so-called executive agreement, for which [the President] does not need to seek the consent of Congress..

The Deputy Foreign Minister of Russia, Sergei Ryabkov, stated in response to the letter that, the proposals of the U.S. side on the issue are quite concrete and are related in a certain way to the discussions our countries had at various levels in the past years. And it cannot be said from this point of view that the offers are decorative and not serious. No, I want to emphasize that we are committing to the seriousness of these proposals but we note their insufficiency..

Press reports indicate that the Secretary of the Russian Security Council, Nikolai Patrushev, conveyed a response to the letter from President Putin.

President Obama’s proposed deal with Russian President Putin has been kept secret from Congress and the American people.

The Administration has systematically denied Congress information about past offers of United States missile defense concessions to Russia, including written requests from Members of the House of Representatives.

the President should promptly convey to Congress the details of any proposed deals with the Russian Federation concerning the missile defenses or nuclear arms of the United States; and

the missile defenses of the United States are central to the defense of the homeland from ballistic missile threats, particularly if nuclear deterrence fails, thus such defenses are not something that the President should continue to trade away for the prospects of nuclear arms reductions with Russia, the People’s Republic of China, or any other foreign country.

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).

Matters to be included

Each report under paragraph (1) shall include the following:

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 brief description of each solution for body armor weight reduction that is being developed as of the date of the report.

For each such solution—

A strategy to provide resources for future research and development of body armor weight reduction.

An explanation of how the Secretary is using a modular or tailorable solution to approach body armor weight reduction.

A description of how the Secretary coordinates the research and development of body armor weight reduction being carried out by the military departments.

Any other matter the Secretary considers appropriate.

Verification of relevant studies previously conducted by the Army, including that of the Maneuver Center of Excellence, which show that a typical infantry platoon requires approximately 430 pounds of batteries for a 72-hour mission, or roughly 10 pounds per soldier, and that the per-soldier, per-year procurement, storage, transport and disposal costs of these batteries are between $50,000 and $65,000.

An assessment of the comparative total cost of ownership, including procurement, fielding, training, and sustainment of the existing rail system and associated rail-mounted devices with respect to battery types and usage, when compared to that of a powered rail or intelligent rail system with a consolidated power source.

An assessment of the specific effects of excessive battery weight on soldier mobility, endurance and lethality determined through side-by-side time, endurance, motion and lethality tests between soldiers operating with existing rail-mounted weapon accessories and soldiers using the powered rail or intelligent rail solution.

An assessment of the advantages to the Army of incorporating the high-speed communications capability embedded in the powered rail or intelligent rail technology, including the integration of existing Army devices and devices in development such as the family of weapons sights and the enhanced night vision goggles, with the powered rail technology, and the connection of these previously unconnected devices to the soldier network.

by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

by inserting after subsection (a) the following new subsection (b):

A description of current and planned research on power grid issues conducted with other university-based energy centers.

A description of current and planned collaboration efforts regarding power grid issues with university-based research centers that have an expertise in energy efficiency and renewable energy, including efforts with respect to—

The term covered land means ranges, test areas, or other land in the contiguous United States used by the Secretary of Defense for activities related to research, development, test, and evaluation that the Secretary determines, for purposes of this section, to be critical to national security.

The term new land use activity means an activity regarding the use of covered land that—

The term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

by redesignating subsections (h) and (i) as subsections (i) and (j); and

by inserting after subsection (g) the following new subsection (h):

by inserting (1) before Funds; and

by adding at the end the following new paragraph:

The date on which the cost of the biofuel is equal to the cost of conventional fuels purchased by the Department.

The date on which the Budget Control Act of 2011 (Public Law 112–25), and the sequestration in effect by reason of such Act, are no longer in effect.

in limited quantities necessary to complete test and certification; or

for the biofuel research and development efforts of the Department.

An estimate of the cost and schedule of implementing the plan.

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).

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.

The facility, supply, and logistics systems requirements of the Littoral Combat Ship when forward deployed, and an estimate of the cost and personnel required to conduct the necessary maintenance activities.

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.

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.

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.

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.

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.

shall assess which of the competencies for which no or a limited domestic commercial source exists could be executed by an arsenal owned by the United States; and

may review other manufacturing capabilities, as the Secretary determines appropriate, to determine if such capabilities could be executed by an arsenal owned by the United States.

Solicitation of information

When undertaking a make-or-buy analysis, a Program Executive Officer or Program Manager of a military service or Defense Agency shall solicit information from an arsenal owned by the United States regarding the capability of the arsenal to fulfill a manufacturing requirement.

Submittal of material solution

Upon a determination, that an arsenal owned by the United States is capable of fulfilling a manufacturing requirement, a Program Executive Officer or Program Manager shall allow the arsenal to submit a material solution in response to the requirement.

by redesignating subsection (g) as subsection (j); and

by inserting after subsection (f) the following new subsections:

Records review

The Secretary of Defense shall conduct a review of all existing Department of Defense records to determine and describe the historical use of military munitions and military training on the islands of Vieques and Culebra, Puerto Rico, and in the nearby cays and waters. The review shall, to the extent practicable and based on historical documents available, identify the type of munitions, the quantity of munitions, and the location where such munitions may have potentially been used or may be remaining on the islands of Vieques and Culebra, Puerto Rico, and in the nearby cays or waters. The historical review shall also determine the type of various military training exercises that occurred on each island and in the nearby cays and waters.

Cooperation and consultation

The Secretary of Defense may request the assistance of other Federal agencies and may consult the Governor of Puerto Rico as may be deemed appropriate in conducting the review required by this subsection and in preparing the report required by subsection (b).

The term military munitions has the meaning given that term in section 101(e)(4) of title 10, United States Code.

The term unexploded ordnance has the meaning given that term in section 101(e)(5) of title 10, United States Code.

the combat camouflage utility uniform will be a joint uniform adopted by all military services; or

the military services adopt a uniform currently in use by another military service.

prohibiting the development or fielding of combat and camouflage utility 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;

prohibiting the military services from fielding ancillary uniform items, including headwear, footwear, or other such items as determined by the Secretaries of the military departments; or

prohibiting the military services from issuing working or vehicle crew uniforms.

require the Secretaries of the military departments to collaborate on the development of joint criteria for the design, development, fielding, and characteristics of combat camouflage uniforms;

require the Secretaries of the military departments to ensure that new combat and camouflage utility uniforms meet the geographic and operational requirements of the commanders of the combatant commands; and

require the Secretaries of the military departments to ensure that all new combat and camouflage utility uniforms achieve interoperability with other components of individual war fighter systems, including organizational clothing and individual equipment such as body armor and other individual protective systems.

The Army National Guard of the United States, 354,200.

The Army Reserve, 205,000.

The Navy Reserve, 59,100.

The Marine Corps Reserve, 39,600.

The Air National Guard of the United States, 105,400.

The Air Force Reserve, 70,400.

The Coast Guard Reserve, 9,000.

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

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

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:

Army reserve

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

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.

in subsection (a)—

in subsection (b)—

by inserting (1) before Whenever ;

by striking all officers on that list and inserting officers on the reserve active-status list;

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

by adding at the end the following new paragraphs:

by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

by inserting after subsection (a) the following new subsection:

Active and inactive status lists authorized

The Secretary of the Army and the Secretary of the Air Force may maintain an active status list and an inactive status list of members in the inactive Army National Guard and the inactive Air National Guard, respectively.

Total number on all lists at one time

The total number of members of the Army National Guard and members of the Air National Guard on the active status lists and the inactive status lists assigned to the inactive National Guard may not exceed a total of 10,000 at any time.

Total number on active status lists at one time

The total number of members of the Army National Guard and members of the Air National Guard on the active status lists of the inactive National Guard may not exceed 4,000 at any time.

Condition of implementation

Before the authority provided by this subsection is used to establish an active status list and an inactive status list of members in the inactive Army National Guard or the inactive Air National Guard, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a copy of the implementation guidance to be used to execute this authority.

an enlisted member of the active Army National Guard may be transferred to the inactive Army National Guard without regard to whether the member was formerly enlisted in the inactive Army National Guard; and

an enlisted member of the active Air National Guard may be transferred to the inactive Air National Guard without regard to whether the member was formerly enlisted in the inactive Air National Guard.

An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard from being transferred from the active Army National Guard to the inactive Army National Guard.

An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard from being transferred from the active Air National Guard to the inactive Air National Guard.

An officer of the Army National Guard transferred to the inactive Army National Guard from being transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.

An officer of the Air National Guard transferred to the inactive Air National Guard from being transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.

the first sentence of subsection (b) of section 10141 of title 10, United States Code, shall apply only with respect to members of the reserve components assigned to the inactive Army National Guard or inactive Air National Guard who are assigned to such inactive status list; and

the exclusion of the Army National Guard of the United States or Air National Guard of the United States under the first sentence of subsection (c) of such section shall not apply.

Modification of active status definition

Section 101(d)(4) of title 10, United States Code, is amended by adding at the end the following new sentence: However, while an inactive status list for the inactive Army National Guard or inactive Air National Guard exists, such term means the status of a member of the Army National Guard of the United States or Air National Guard of the United States who is not assigned to the inactive status list of the inactive Army National Guard or inactive Air National Guard, on another inactive status list, or in the Retired Reserve..

Computation of years of service for entitlement to retired pay

Paragraph (3) of section 12732(b) of such title is amended to read as follows:

Independent study required

Before the end of the period specified in subsection (h), the Secretary of Defense shall commission an independent study to evaluate the effectiveness of using an active status list for the inactive National Guard to improve the readiness of the Army National Guard and the Air National Guard.

Elements

As part of the study required by this subsection, the entity conducting the study shall determine, for each year in which the temporary authority provided by subsection (a) is used—

how many members of the Army National Guard and the Air National Guard were transferred to the active status list of the inactive National Guard;

how many of these vacancies were filled with personnel new to the Army National Guard;

the additional cost of filling these positions; and

the impact on drill and annual training participation rates.

Additional consideration

The study required by this subsection also shall include an assessment of the impact of the use of the temporary authority provided by subsection (a) on medical readiness category 3B personnel transferred to the active status inactive National Guard, including—

Submission of results

Not later than 180 days after completion of the study required by this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the results of the study.

are based on an objective requirements process and are sufficient for the effective management, leadership, and administration of the reserve components;

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;

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;

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

are subjected to periodic review, control, and adjustment.

a unit of the National Guard in American Samoa; and

a unit of the National Guard in the Commonwealth of the Northern Mariana Islands.

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.

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.

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).

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.

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.

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.

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.

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.

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.

A suggested timeline for completion of the steps and actions described in the preceding paragraphs.

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

the improvements to the Integrated Disability Evaluation System specified in paragraph (2) of such subsection.

With respect to the reserve components of the Armed Forces—

With respect to the regular components and reserve components of the Armed Forces—

a description of the progress of the development of the system that will verify and track the compliance of commanding officers in conducting organizational climate assessments; and

an estimate of when the system will be completed and implemented.

in subsection (b), by adding at the end the following new paragraph:

by redesignating subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively; and

by inserting after subsection (b) the following new subsection (c):

In general

Chapter 79 of title 10, United States Code, is amended by adding at the end the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

Notice of denial; procedures for judicial review

Subsection (f) of section 1034 of such title is amended by adding at the end the following new paragraph:

Secretary of defense review; notice of denial

Subsection (g) of such section is amended—

Sole basis for judicial review

Such section is further amended—

In general

The amendments made by this section shall take effect on January 1, 2015, and shall apply to all final decisions of the Secretary of Defense under section 1034(g) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(f) or 1552 of such title rendered on or after such date.

Treatment of existing cases

This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in paragraph (1).

in subsection (a)—

in subsection (b)—

in subsection (c)—

in paragraph (1)(B)—

in paragraph (2), by inserting after any favorable action the following: , or a significant change in a member's duties, responsibilities, or working conditions.

in paragraph (1), by striking paragraph (3) and inserting paragraph (4);

in paragraph (2), by striking subparagraph (A) and inserting the following new subparagraph (A):

by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively;

by inserting after paragraph (2) the following new paragraph (3):

in subparagraph (D) of paragraph (4), as redesignated by paragraph (3) of this subsection, by inserting before the period at the end of the second sentence the following: , with the consent of the member;

in paragraph (5), as so redesignated—

in paragraph (1)—

in paragraph (3), by striking the Secretary of Defense and inserting the Secretary of the military department concerned;

in paragraph (4), by striking the second sentence and inserting the following new sentence: The report shall include an explicit determination as to whether a personnel action prohibited by subsection (b) has occurred and a recommendation as to the disposition of the complaint, including appropriate corrective action for the member..

by redesignating subsections (i) and (j), as redesignated by section 525(b) of this Act, as subsections (k) and (l), respectively; and

by inserting after subsection (h), as added by section 525(b), the following new subsection:

in paragraph (2)(C), by striking may and inserting upon the request of the member or former member, after an initial determination that a complaint is not frivolous and has not previously been addressed by the board, shall; and

in paragraph (3)—

by inserting (a) before There; and

by adding at the end the following new subsection:

by inserting (a) before There; and

by adding at the end the following new subsection:

by striking The Armed Forces shall accommodate the beliefs and inserting Except in cases of military necessity, the Armed Forces shall accommodate the beliefs, actions, and speech; and

by inserting , actions, or speech after such beliefs.

In general

The Secretary of Defense, acting through the Secretaries of the military departments, shall ensure that all members of the Armed Forces understand and comply with the rights and responsibilities specified in subsections (b) and (c).

Implementation

The Secretary of Defense shall have discretion regarding the manner in which this information will be disseminated to members, except that, at a minimum, the Secretary shall require acknowledgment of these rights and responsibilities by a member at these occurrences during the military service of the member:

To a workplace and battlespace free from the threat of sexual violence, including harassment, abuse, assault, and rape.

To have every instance of illegal activity appropriately investigated. Law enforcement agencies will investigate every allegation of criminal behavior, and commanders will respond appropriately to every report of wrongdoing.

To make a restricted or unrestricted report of a sex-based criminal act. Victims will have access to vital services whether they pursue an investigation or not.

To use any and all reporting and prosecution avenues to pursue an allegation of sexual assault.

To not face retaliation for reporting a criminal offense or harmful behavior.

To responsibly intervene in any situation that involves the presence or threat of criminal behavior.

To never leave another member behind in a situation of risk to self or others, on the battlefield or anywhere else.

To immediately report observation or knowledge of criminal behavior to appropriate officials.

to identify all members of the Armed Forces who, since January 1, 2002, were separated from the Armed Forces after making an unrestricted report of sexual assault;

to determine the circumstances of and grounds for each such separation, including—

if an identified member was separated on the grounds of having a personality or adjustment disorder, to determine whether the separation was carried out in compliance with Department of Defense Instruction 1332.14 and any other applicable Department of Defense regulations, directives, and policies.

In February 2012, the Secretary of Defense notified Congress of the intent of the Secretary to rescind the co-location restriction and to implement policy exceptions to allow female members of the Armed Forces to be assigned to specified positions in ground combat units at the battalion level.

On January 24, 2013, the Secretary of Defense and the Joint Chiefs of Staff issued guidance to rescind the direct combat exclusion rule for female members of the Armed Forces and eliminate all unnecessary gender-based barriers to service in the Armed Forces.

The Secretaries of the military departments were required to develop and submit their plans for implementation of the rescission of the direct combat exclusion rule by May 15, 2013.

As of 2013, there are approximately 202,000 female members of the Armed Forces, approximately 20,000 female members have served in Iraq and Afghanistan, and more than 60 female members have been killed in combat.

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

no later than January 1, 2016, should complete all assessments.

In general

The Department of Defense shall provide to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate advance written notice of any meeting to be held between Department employees and civilians for the purpose of writing, revising, issuing, implementing, enforcing, or seeking advice, input, or counsel regarding military policy related to religious liberty.

Contents of notice

Notice provided under paragraph (1) shall include information on the time, date, location, and anticipated attendees of the meeting and information on who initiated the meeting.

Verbal notice

If a meeting to which this subsection applies is scheduled less than 24 hours in advance of the meeting, the notice requirement under paragraph (1) may be satisfied by a phone call if Committee staff provide verbal confirmation of receipt of the notice.

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

use uniform testing requirements and grading standards.

in paragraph (2), by striking The convening authority and inserting the following:

by adding at the end the following new paragraph:

by inserting (A) after (2); and

by adding at the end the following new subparagraph:

Imposition

Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice) is amended—

Clerical amendments

by inserting (a) before the first sentence;

in the third sentence, by striking However, a general court-martial and inserting the following:

by adding at the end the following new subsection:

Response systems panel

The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall assess the appropriateness of statutorily mandated minimum sentencing provisions for additional offenses under the Uniform Code of Military Justice. The panel shall include the results of the assessment in the report required by subsection (c)(1) of such section.

Judicial proceedings panel

The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall assess the implementation and effect of the mandatory minimum sentences established by section 856(b) of title 10, United States Code (article 56(b) of the Uniform Code of Military Justice), as added by subsection (a) of this section. The panel shall include the results of the assessment in one of the reports required by subsection (c)(2)(B) of such section 576.

In general

Chapter 53 of title 10, United States Code, is amended by inserting after section 1044d the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1044d the following new item:

Conforming amendments

Implementation

Section 1044e of title 10, United States Code, as added by paragraph (1), shall be implemented within six months after the date of the enactment of this Act.

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).

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.

Response systems panel

The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall conduct an assessment regarding whether the roles, responsibilities, and authorities of Victims’ Counsel to provide legal assistance under section 1044e of title 10, United States Code, as added by subsection (a), to victims of alleged sex-related offenses should be expanded to include legal standing to represent the victim during investigative and military justice proceedings in connection with the prosecution of the offense. The panel shall include the results of the assessment in the report required by subsection (c)(1) of such section.

Judicial proceedings panel

The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall conduct an assessment of the implementation and effect of section 1044e of title 10, United States Code, as added by subsection (a), and make such recommendations for modification of such section 1044e as the panel considers appropriate. The panel shall include the results of the assessment and its recommendations in one of the reports required by subsection (c)(2)(B) of such section 576.

any offense covered by section 920, 920a, 920b, 920c, or 925 of title 10, United States Code (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or

an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).

by redesignating subparagraph (B) as subparagraph (C); and

by striking subparagraph (A) and inserting the following new subparagraphs:

Assignment to certain military units

Section 584 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note) is amended—

Training and certification

Subsection (d) of such section, as redesignated by paragraph (1)(A), is amended—

in subsection (a)(2), by inserting who satisfy the selection criteria established under 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) after Defense; and

in subsection (b)(2), by inserting who satisfy the selection criteria established under section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 after Defense.

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):

Clerical amendment

The table of sections at the beginning of subchapter I of chapter 47 of such title (the Uniform Code of Military Justice) is amended by adding at the end the following new item:

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall recommend to the President changes to the Manual for Courts-Martial, and prescribe such other regulations as the Secretary considers appropriate, to implement section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a).

Elements

The modifications and regulations issued pursuant to paragraph (1) shall include the following:

The installation commander, if such incident occurred on or in the vicinity of a military installation.

The first officer in the grade of 0–6 in the chain of command of the victim.

The first general officer or flag officer in the chain of command of the victim.

In general

The report of an incident under subsection (a) shall include, at a minimum, the following:

Modification

For official use only

A report under this section shall be intended for official use only and shall not be distributed beyond the requirements listed above.

any offense covered by section 920, 920a, 920b, 920c, or 925 of title 10, United States Code (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or

an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).

providing commanders increased visibility of the background information of members of the unit;

identifying and preventing trends of bad behavior early and effectively disciplining repeated actions which hinder units from fostering a healthy climate; and

preventing the transfer of sexual offenders.

The term sexual harassment has the meaning given such term in Department of Defense Directive 1350.2, Department of Defense Military Equal Opportunity Program.

The term sexual assault means any of the offenses described in section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice).

Policy required

The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall establish and maintain a policy to uniformly define and prescribe, for the persons described in paragraph (2), what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between a member of the Armed Forces described in paragraph (2)(A) and a prospective member or member of the Armed Forces described in paragraph (2)(B).

Covered members

The policy required by paragraph (1) shall apply to—

Inclusion of certain members required

The members of the Armed Forces covered by paragraph (2)(A) shall include, at a minimum, military personnel assigned or attached to duty—

In general

Required elements

Substantiated violation

For purposes of paragraph (1), a violation by a member of the Armed Forces described in subsection (a)(2)(A) of the policy established pursuant to subsection (a) shall be treated as substantiated if—

a proposed amendment to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to create an additional article under subchapter X of such chapter regarding violations of the policy required by subsection (a); and

the conforming changes to part IV, punitive articles, in the Manual for Courts-Martial that will be necessary upon adoption of such article.

The term entry-level processing or training, with respect to a member of the Armed forces, means the period beginning on the date on which the member became a member of the Armed Forces and ending on the date on which the member physically arrives at that member’s first duty assignment following completion of initial entry training (or its equivalent), as defined by the Secretary of the military department concerned or the Secretary of the Department in which the Coast Guard is operating.

The term prospective member of the Armed Forces means a person who has had a face-to-face meeting with a member of the Armed Forces assigned or attached to duty described in subsection (a)(3)(A) regarding becoming a member of the Armed Forces, regardless of whether the person eventually becomes a member of the Armed Forces.

In general

The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall—

Submission of results

The panel shall include the results of the assessment and review and its recommendations and comments in the report required by subsection (c)(1) of such section 576, as amended by subsection (b) of this section.

In general

The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall conduct an assessment of instances in the Armed Forces in which a member of the Armed Forces has committing a sexual act upon another person by abusing one’s position in the chain of command of the other person to gain access to or coerce the other person.

Submission of results

The panel shall include the results of the assessment and its recommendations and comments in the report required by subsection (c)(1) of such section 576, as amended by subsection (b) of this section.

identify and evaluate the resource and personnel gaps in the Office;

identify and evaluate the role of the Office in sexual harassment cases; and

evaluate how the Office works with the Sexual Assault Prevention and Response Office to address sexual harassment in the Armed Forces.

Imposition

Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice) is amended—

Clerical amendments

Posting

The Secretary of Defense shall require that there be prominently posted, in accordance with paragraph (2), notice of the following information relating to sexual assault prevention and response, in a form designed to ensure visibility and understanding:

Posting placement

Posting under subsection (a) shall be at the following locations, to the extent practicable:

The Secretary of the Army or the Secretary’s designee.

The Secretary of the Navy or the Secretary’s designee.

The Secretary of the Air Force or the Secretary’s designee.

The Secretary of Homeland Security (with respect to the Coast Guard) or the Secretary’s designee.

Members appointed by the Secretary of Defense from among individuals who are not officers or employees of any government and who have expertise in advocating for—

make recommendations to the Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) on the development of the policies, programs, and procedures to prevent and respond to hazing in the Armed Forces; and

monitor any policies, programs, and procedures in place to prevent and respond to hazing in the Armed Forces and make recommendations to the Secretary concerned on ways to improve such policies, programs, and procedures.

at the earliest time possible, such as upon enlistment and commissioning; and

during sexual assault awareness training and service member interactions with sexual assault response coordinators.

the individual is a victim of a sexual assault; and

the consultation occurred with respect to an emotional or mental health condition strictly in relation to the sexual assault.

An assessment of whether the Uniform Code of Military Justice, the Manual for Courts-Martial, and related policies, punitive articles, and regulations are exercised in a way that demonstrates an evidence-based, medically accurate understanding of—

A review of court-martial decisions in recent years preceding the date of enactment of this Act.

Recommendations for adjustments to the Uniform Code of Military Justice, the Manual for Courts-Martial, and related policies, punitive articles, and regulations, as may be necessary, in order to ensure that policies and regulations regarding service members living with or at risk of contracting HIV are in accordance with a contemporary understanding of HIV transmission routes and associated benefits of treatment.

widely announce the availability of spouse-of-a-combat-veteran lapel buttons through military and public information channels; and

encourage commanders at all levels to conduct ceremonies recognizing the support provided by spouses of members of the Armed Forces and to use the ceremonies as an opportunity for members to present their spouses with a spouse-of-a-combat-veteran lapel button.

identify family support activities that have a direct and concrete impact on the readiness of special operations forces, but that are not being provided to the immediate family members of members of the Armed Forces assigned to special operations forces by the Secretary of a military department; and

conduct a cost-benefit analysis of each family support activity proposed to be included in a pilot program.

The term Commander means the Commander of the United States Special Operations Command.

The term immediate family members has the meaning given that term in section 1789(c) of title 10, United States Code.

The term special operations forces means those forces of the Armed Forces identified as special operations forces under section 167(i) of such title.

Members of the Armed Forces and their families make great sacrifices on behalf of the United States, and, when their active duty service is successfully concluded, members deserve the opportunity to also make a successful transition to the civilian labor force.

When transitioning from active duty in the Armed Forces to civilian employment, members often face barriers that make it difficult to fully utilize the skills and training they gained during their military service.

Members and veterans are too often required to repeat education or training in order to receive industry certifications and State occupational licenses, even though their military training and experience often overlaps with the certification or licensing requirements.

When members are transferred from military assignment to military assignment, their spouses often face barriers to transferring their credentials and to securing employment in their new location.

More than one million members will make the transition to civilian life in the coming years.

The Department of Defense established the Military Credentialing and Licensing Task Force in 2012.

The Joining Forces program, a national initiative to mobilize all sectors of society to give members of the Armed Forces and their families the opportunities and support they have earned, will make it easier for members and their families to transfer skills learned while the member was serving in the Armed Forces to civilian employment.

the Federal Government and State governments should make the transition of a member of the Armed Forces and the member's spouse from military to civilian life as seamless as possible by creating opportunities for the member and spouse to earn, while the member is in the Armed Forces, civilian occupational credentials and licenses, with an emphasis on well-paying industries and occupations that have a high demand for skilled workers, including: manufacturing, information technology, transportation and logistics, health care, and emergency medical services;

the Federal Government should assist State governments in translating military training and experience into credit towards professional licensure; and

State governments should streamline approaches for assessing the equivalency of military training and experience, and accelerate occupational licensing processes for members, veterans, and their spouses.

In general

Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by inserting after section 303A, as added by section 553, the following new section:

Clerical amendment

The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item:

Conforming amendment

Section 107 of the Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended by adding at the end the following:

by striking Application by and inserting (a) Application or receipt.—Application by; and

by adding at the end the following new subsection:

by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

by inserting after subsection (c) the following new subsection (d):

Evidence of compliance

The Secretary of each military department shall include in the performance evaluations and assessments used by each Armed Force under the jurisdiction of the Secretary a designated form where senior commanders can indicate whether the commander has conducted the required climate assessments.

Effect of failure to conduct assessment

If a commander is found to not have conducted the required climate assessments, the failure shall be noted in the commander’s performance evaluation and be considered a serious factor during consideration for any subsequent promotion.

A comprehensive overview of the concerns members of the unit expressed in the climate assessments.

Data showing how leadership is perceived in the unit.

A detailed strategic plan on how leadership plans to address the expressed concerns.

identify security gaps on military installations; and

evaluate the feasibility and effectiveness of using 24-hour electronic monitoring or placing security personnel at all points of entry into barracks and multi-family residences on military installation.

to eliminate all security gaps identified under subsection (b)(1); and

to provide 24-hour security monitoring as evaluated under subsection (b)(2).

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—

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.

Types of information

The information made available under paragraph (1) shall include, but not be limited to, the following:

Use and adaptation of certain programs

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

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 requirements, make available to accredited civilian credentialing agencies that issue certifications or licenses, upon request of such agencies, information such as military course training curricula, syllabi, and materials, levels of military advancement attained, and professional skills developed.

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 accredited civilian credentialing agencies described in that paragraph in order to meet requests described in that paragraph.

In general

Chapter 101 of title 10, United States Code, is amended by inserting after section 2015 the following new section:

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 2015 the following new item:

to engage in video-conferencing and other communication with their families and friends; and

to enjoy the educational and recreational capabilities of the Internet via websites approved by the Secretary concerned.

Extension of authority to provide assistance

Section 572(b)(4) of the National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b(b)(4)) is amended by striking September 30, 2014 and inserting September 30, 2015.

Amount of assistance authorized

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, $5,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b).

in subsection (a), by striking wears,; and

so that subsection (b) reads as follows:

by striking If a decoration and inserting the following:

by inserting a combat badge, after 1129 of title 10,; and

by adding at the end the following new paragraph:

in paragraph (1), by striking three years and inserting five years; and

in paragraph (2), by striking two years and inserting three years.

in paragraph (1), by striking three years and inserting five years; and

in paragraph (2), by striking two years and inserting three years.

In general

Chapter 57 of title 10, United States Code, is amended by inserting after section 1134 the following new section:

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:

Automatic entitlement

Subsection (a) of section 1562 of title 38, United States Code, is amended—

Election to decline special pension

Such section is further amended by adding at the end the following new subsection:

Repeal of recodified provisions

Sections 1560 and 1561 of title 38, United States Code, are repealed.

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.

Gold content

Section 3741 of title 10, United States Code, is amended—

Exception for duplicate medal

Section 3754 of such title is amended by adding at the end the following new sentence: Section 3741(b) of this title shall not apply to the issuance of a duplicate Medal of Honor under this section..

Gold content

Section 6241 of title 10, United States Code, is amended—

Exception for duplicate medal

Section 6256 of such title is amended by adding at the end the following new sentence: Section 6241(b) of this title shall not apply to the issuance of a duplicate Medal of Honor under this section..

Gold content

Section 8741 of title 10, United States Code, is amended—

Exception for duplicate medal

Section 8754 of such title is amended by adding at the end the following new sentence: Section 8741(b) of this title shall not apply to the issuance of a duplicate Medal of Honor under this section..

Gold content

Section 491 of title 14, United States Code, is amended—

Exception for duplicate medal

Section 504 of such title is amended by adding at the end the following new sentence: Section 491(b) of this title shall not apply to the issuance of a duplicate Medal of Honor under this section..

by redesignating subsection (b) as subsection (d); and

by inserting after subsection (a) the following new subsections:

Composition

The Commission shall be composed of 10 members, of whom—

Appointment date

The appointments of the members of the Commission shall be made not later than 30 days after the date of the enactment of this Act. If one or more appointments under a subparagraph of paragraph (1) is not made by such appointment date, the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments not made.

Expertise

In making appointments under this subsection, consideration should be given to individuals with expertise in service-connected mental disorders, post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), psychiatry, behavioral health, neurology, as well as disciplinary matters and military justice.

Period of Appointment; Vacancies

Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

Initial Meeting

Not later than 30 days after the appointment date specified in paragraph (2), the Commission shall hold its first meeting.

Meetings

The Commission shall meet at the call of the Chair. A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

Chair and Vice Chairman

The Commission shall select a Chair and Vice Chair from among its members.

Study required

The Commission shall undertake a comprehensive study of whether—

Considerations

In considering the Department of Defense mechanisms for disciplinary action, the Commission shall give particular consideration to evaluating a structure that examines those members diagnosed with or reasonably asserting post traumatic stress disorder or traumatic brain injury that have been deployed overseas in support of a contingency operation during the previous 24 months and how that injury or deployment may constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of service of the member as other than honorable.

Report

Not later than June 30, 2014, the Commission shall submit to the President and the congressional defense committees a report containing a detailed statement of the findings and conclusions of the Commission as a result of the study required by this subsection, together with its recommendations for such legislation and administrative actions it may consider appropriate in light of the results of the study.

Hearings

The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section.

Information From Federal Agencies

The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission.

Compensation of Members

All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

Travel Expenses

The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

Staff

The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel from as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. The staff members should be officers or employees of the United States.

Study

The Commission shall carry out a study of the following:

Testimony and research

In carrying out the study under paragraph (1), the Commission shall—

Recommendations

The Commission shall make recommendations, based on the analyses in subparagraphs (A) through (C) of paragraph (1), on how to better—

Website

The Commission shall maintain an Internet website available to the public to—

Members

The Commission shall be composed of 15 members appointed as follows:

Qualifications

The members of the Commission shall be appointed from among persons who have knowledge and expertise in the following areas:

Service requirement

Not less than one member of the Commission appointed under each of subparagraphs (A) through (E) of paragraph (1) shall have served in the Armed Forces.

Duration and vacancies

Members of the Commission shall be appointed for the life of the Commission. A vacancy in the membership of the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment.

Chairman

The President shall designate a member of the Commission to serve as chairman of the Commission.

Deadline for appointment

The members shall be appointed by not later than 90 days after the date of the enactment of this Act.

Initial meeting

The Commission shall hold its initial meeting not later than 30 days after the date on which all members of the Commission have been appointed.

Meetings

After the initial meeting under paragraph (1), the Commission shall meet at the call of the chairman.

Quorum

Four members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

Procedure

The Commission shall act by resolution agreed to by a majority of the members of the Commission.

Panels

The Commission may establish panels composed of less than the full membership of the Commission for the purpose of carrying out the Commission's duties. The actions of each such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.

Pay

Each member of the Commission shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without pay in addition to that received for their services as officers or employees of the United States.

Travel expenses

The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

Executive director

The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161 of title 5, United States Code.

Staff

The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161 of title 5, United States Code.

Detail of government employees

Upon request of the chairman of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties.

Hearings

For the purpose of carrying out this Act, the Commission (or on the authority of the Commission, any subcommittee or member) may hold such hearings and forums, and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers appropriate. The Commission shall hold not less than one hearing in each State, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

Information from Federal agencies

The Commission, or designated staff member, may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chairman of the Commission, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission, the head of that department or agency shall furnish that information to the Commission.

Miscellaneous administrative and support services

The Secretary of Defense shall furnish the Commission, on a reimbursable basis, any administrative and support services requested by the Commission.

Procurement of temporary and intermittent services

The chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title.

Gifts

The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the chairman, vice chairman, or designee.

Initial report

Not later than 90 days after the initial meeting of the Commission, the Commission shall submit to the President, the Secretary of Defense, and the Committees on Armed Services of the Senate and the House of Representatives, and release to the public, a report setting forth—

Final report

Not later than 18 months after the initial meeting of the Commission, the Commission shall submit to the President, the Secretary of Defense, and the Committees on Armed Services of the Senate and the House of Representatives, and release to the public, a final report. Such report shall include any recommendations developed under subsection (b)(3) that the Commission determines appropriate, including any recommended legislation, policies, regulations, directives, and practices.

With respect to a member of the Armed Forces who was discharged or released from the Armed Forces during the period beginning on September 11, 2001, and ending on the day before the date of the enactment of this Act, not later than 120 days after the date of such discharge or release.

With respect to a member of the Armed Forces who is discharged or released from the Armed Forces on or after the date of the enactment of this Act, not later than 90 days after the date of such discharge or release.

the Secretary of Defense thoroughly reviewed the records of the member;

the information provided in the covered records of such member is complete as of the date of the letter;

no other information that should be included in such covered records exist as of such date; and

if other information is later discovered—

service treatment records;

accompanying personal records;

relevant unit records; and

medical records created by reason of treatment or services received pursuant to chapter 55 of title 10, United States Code.

Commencing August 26, 1946, though late February 1947 the United States Navy Antarctic Developments Program Task Force 68, codenamed Operation Highjump initiated and undertook the largest ever-to-this-date exploration of the Antarctic continent.

The primary mission of the Task Force 68 organized by Rear Admiral Richard E. Byrd Jr. USN, (Ret) and led by Rear Admiral Richard H. Cruzen, USN, was to do the following:

While on a hazardous duty/all volunteer mission vital to the interests of National Security and while over the eastern Antarctica coastline known as the Phantom Coast, the PBM–5 Martin Mariner Flying BoatGeorge 1 entered a whiteout over Thurston Island. As the pilot attempted to climb, the aircraft grazed the glacier’s ridgeline and exploded within 5 seconds instantly killing Ensign Maxwell Lopez, Navigator and Wendell Bud Hendersin, Aviation Machinists Mate 1st Class while Frederick Williams, Aviation Radioman 1st Class died several hours later. Six other crewmen survived including the Captain of the George 1’s seaplane tender U.S.S. Pine Island.

The bodies of the dead were protected from the desecration of Antarctic scavenging birds (Skuas) by the surviving crew wrapping the bodies and temporarily burying the men under the starboard wing engine nacelle.

Rescue requirements of the George–1 survivors forced the abandonment of their crewmates’ bodies.

Conditions prior to the departure of Task Force 68 precluded a return to the area to the recover the bodies.

For nearly 60 years Navy promised the families that they would recover the men: If the safety, logistical, and operational prerequisites allow a mission in the future, every effort will be made to bring our sailors home..

The Joint POW/MIA Accounting Command twice offered to recover the bodies of this crew for Navy.

A 2004 NASA ground penetrating radar overflight commissioned by Navy relocated the crash site three miles from its crash position.

The Joint POW/MIA Accounting Command offered to underwrite the cost of an aerial ground penetrating radar (GPR) survey of the crash site area by NASA.

The Joint POW/MIA Accounting Command studied the recovery with the recognized recovery authorities and national scientists and determined that the recovery is only medium risk.

National Science Foundation and scientists from the University of Texas, Austin, regularly visit the island.

The crash site is classified as a perishable site, meaning a glacier that will calve into the Bellingshausen Sea.

The National Science Foundation maintains a presence in area—of the Pine Island Glacier.

The National Science Foundation Director of Polar Operations will assist and provide assets for the recovery upon the request of Congress.

The United States Coast Guard is presently pursuing the recovery of 3 WWII air crewmen from similar circumstances in Greenland.

On Memorial Day, May 25, 2009, President Barack Obama declared: * * * the support of our veterans is a sacred trust * * * we need to serve them as they have served us * * * that means bringing home all our POWs and MIAs * * *.

The policies and laws of the United States of America require that our armed service personnel be repatriated.

The fullest possible accounting of United States fallen military personnel means repatriating living American POWs and MIAs, accounting for, identifying, and recovering the remains of military personnel who were killed in the line of duty, or providing convincing evidence as to why such a repatriation, accounting, identification, or recovery is not possible.

It is the responsibility of the Federal Government to return to the United States for proper burial and respect all members of the Armed Forces killed in the line of duty who lie in lost graves.

reaffirms its support for the recovery and return to the United States, the remains and bodies of all members of the Armed Forces killed in the line of duty, and for the efforts by the Joint POW-MIA Accounting Command to recover the remains of members of the Armed Forces from all wars, conflicts and missions;

recognizes the courage and sacrifice of all members of the Armed Forces who participated in Operation Highjump and all missions vital to the national security of the United States of America;