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


The text of the bill below is as of Jun 7, 2013 (Reported by House Committee).


IB

Union Calendar No. 71

113th CONGRESS

1st Session

H. R. 1960

[Report No. 113–102]

IN THE HOUSE OF REPRESENTATIVES

May 14, 2013

(for himself and Mr. Smith of Washington) (both by request): introduced the following bill; which was referred to the Committee on Armed Services

June 7, 2013

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on May 14, 2013


A BILL

To authorize appropriations for fiscal year 2014 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.


1.

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2014.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4)

Division D—Funding Tables.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Limitation on availability of funds for Stryker vehicle program.

Subtitle C—Navy Programs

Sec. 121. Multiyear procurement authority for E–2D aircraft program.

Sec. 122. Cost limitation for CVN–78 aircraft carriers.

Subtitle D—Air Force Programs

Sec. 131. Multiyear procurement authority for multiple variants of the C-130J aircraft program.

Sec. 132. Prohibition on cancellation or modification of avionics modernization program for C–130 aircraft.

Sec. 133. Retirement of KC–135R aircraft.

Sec. 134. Competition for evolved expendable launch vehicle providers.

Subtitle E—Defense-wide, Joint, and Multiservice Matters

Sec. 141. Multiyear procurement authority for ground-based interceptors.

Sec. 142. Multiyear procurement authority for tactical wheeled vehicles.

Sec. 143. Limitation on availability of funds for retirement of RQ–4 Global Hawk unmanned aircraft systems.

Sec. 144. Personal protection equipment procurement.

Sec. 145. Repeal of certain F-35 reporting requirements.

Sec. 146. Study on procurement of personal protection equipment.

Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on availability of funds for ground combat vehicle engineering and manufacturing phase.

Sec. 212. Limitation on Milestone A activities for Unmanned Carrier-launched Surveillance and Strike system program.

Sec. 213. Limitation on availability of funds for Air Force logistics transformation.

Sec. 214. Limitation on availability of funds for defensive cyberspace operations of the Air Force.

Sec. 215. Limitation on availability of funds for precision extended range munition program.

Sec. 216. Limitation on availability of funds for the program manager for biometrics of the Department of Defense.

Sec. 217. Unmanned combat air system demonstration testing requirement.

Sec. 218. Long-range standoff weapon requirement.

Sec. 219. Review of software development for F–35 aircraft.

Sec. 220. Evaluation and assessment of the Distributed Common Ground System.

Sec. 221. Requirement to complete individual carbine testing.

Sec. 222. Establishment of funding line and fielding plan for Navy laser weapon system.

Sec. 223. Sense of Congress on importance of aligning common missile compartment of Ohio-class replacement program with the United Kingdom's Vanguard successor program.

Sec. 224. Sense of congress on counter-electronics high power microwave missile project.

Subtitle C—Missile Defense Programs

Sec. 231. Prohibition on use of funds for MEADS program.

Sec. 232. Additional missile defense site in the United States for optimized protection of the homeland.

Sec. 233. Limitation on removal of missile defense equipment from East Asia.

Sec. 234. Improvements to acquisition accountability reports on ballistic missile defense system.

Sec. 235. Analysis of alternatives for successor to precision tracking space system.

Sec. 236. Plan to improve organic kill assessment capability of the ground-based midcourse defense system.

Sec. 237. Availability of funds for Iron Dome short-range rocket defense program.

Sec. 238. NATO and the phased, adaptive approach to missile defense in Europe.

Sec. 239. Sense of Congress on procurement of capability enhancement II exoatmospheric kill vehicle.

Sec. 240. Sense of Congress on 30th anniversary of the Strategic Defense Initiative.

Subtitle D—Reports

Sec. 251. Annual Comptroller General report on the amphibious combat vehicle acquisition program.

Sec. 252. Report on strategy to improve body armor.

Sec. 253. Report on main battle tank fuel efficiency initiative.

Sec. 254. Report on powered rail system.

Subtitle E—Other Matters

Sec. 261. Establishment of Cryptographic Modernization Review and Advisory Board.

Sec. 262. Clarification of eligibility of a State to participate in defense experimental program to stimulate competitive research.

Sec. 263. Extension and expansion of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

Sec. 264. Extension of authority to award prizes for advanced technology achievements.

Sec. 265. Five-year extension of pilot program to include technology protection features during research and development of certain defense systems.

Sec. 266. Briefing on power and energy research conducted at university affiliated research centers.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Energy and Environment

Sec. 311. Deadline for submission of reports on proposed budgets for activities relating to operational energy strategy.

Sec. 312. Facilitation of interagency cooperation in conservation programs of the Departments of Defense, Agriculture, and Interior to avoid or reduce adverse impacts on military readiness activities.

Sec. 313. Reauthorization of Sikes Act.

Sec. 314. Cooperative agreements under Sikes Act for land management related to Department of Defense readiness activities.

Sec. 315. Exclusions from definition of chemical substance under Toxic Substances Control Act.

Sec. 316. Exemption of Department of Defense from alternative fuel procurement requirement.

Sec. 317. Clarification of prohibition on disposing of waste in open-air burn pits.

Sec. 318. Limitation on plan, design, refurbishing, or construction of biofuels refineries.

Sec. 319. Limitation on procurement of biofuels.

Subtitle C—Logistics and Sustainment

Sec. 321. Littoral Combat Ship Strategic Sustainment Plan.

Sec. 322. Review of critical manufacturing capabilities within Army arsenals.

Sec. 323. Inclusion of Army arsenals capabilities in solicitations.

Subtitle D—Reports

Sec. 331. Additional reporting requirements relating to personnel and unit readiness.

Sec. 332. Repeal of annual Comptroller General report on Army progress.

Sec. 333. Revision to requirement for annual submission of information regarding information technology capital assets.

Subtitle E—Limitations and Extensions of Authority

Sec. 341. Limitation on reduction of force structure at Lajes Air Force Base, Azores.

Sec. 342. Prohibition on performance of Department of Defense flight demonstration teams outside the United States.

Subtitle F—Other Matters

Sec. 351. Requirement to establish policy on joint combat uniforms.

Title IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent active duty end strength minimum levels.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2014 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Title V—Military Personnel Policy

Subtitle A—Officer Personnel Policy Generally

Sec. 501. Limitations on number of general and flag officers on active duty.

Subtitle B—Reserve Component Management

Sec. 511. Minimum notification requirements for members of reserve components before deployment or cancellation of deployment related to a contingency operation.

Sec. 512. Information to be provided to boards considering officers for selective early removal from reserve active-status list.

Sec. 513. Temporary authority to maintain active status and inactive status lists of members in the inactive National Guard.

Sec. 514. Review of requirements and authorizations for reserve component general and flag officers in an active status.

Sec. 515. Feasability study on establishing a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.

Subtitle C—General Service Authorities

Sec. 521. Review of Integrated Disability Evaluation System.

Sec. 522. Compliance requirements for organizational climate assessments.

Sec. 523. Command responsibility and accountability for remains of members of the Army, Navy, Air Force, and Marine Corps who die outside the United States.

Sec. 524. Contents of Transition Assistance Program.

Sec. 525. Procedures for judicial review of military personnel decisions relating to correction of military records.

Sec. 526. Establishment and use of consistent definition of gender-neutral occupational standard for military career designators.

Sec. 527. Expansion and enhancement of authorities relating to protected communications of members of the Armed Forces and prohibited retaliatory actions.

Sec. 528. Applicability of medical examination requirement regarding post-traumatic stress disorder or traumatic brain injury to proceedings under the Uniform Code of Military Justice.

Sec. 529. Protection of the religious freedom of military chaplains to close a prayer outside of a religious service according to the traditions, expressions, and religious exercises of the endorsing faith group.

Sec. 530. Expansion and implementation of protection of rights of conscience of members of the Armed Forces and chaplains of such members.

Sec. 530A. Servicemembers’ Accountability, Rights, and Responsibilities Training.

Sec. 530B. Inspector General of the Department of Defense review of separation of members of the Armed Forces who made unrestricted reports of sexual assault.

Sec. 530C. Report on data and information collected in connection with Department of Defense review of laws, policies, and regulations restricting service of female members of the Armed Forces.

Sec. 530D. Sense of Congress regarding the Women in Service Implementation Plan.

Subtitle D—Military Justice, Including Sexual Assault Prevention and Response

Sec. 531. Limitations on convening authority discretion regarding court-martial findings and sentence.

Sec. 532. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes.

Sec. 533. Discharge or dismissal for certain sex-related offenses and trial of offenses by general courts-martial.

Sec. 534. Regulations regarding consideration of application for permanent change of station or unit transfer by victims of sexual assault.

Sec. 535. Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense.

Sec. 536. Victims’ Counsel for victims of sex-related offenses and related provisions.

Sec. 537. Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault.

Sec. 538. Secretary of Defense report on role of commanders in military justice process.

Sec. 539. Review and policy regarding Department of Defense investigative practices in response to allegations of sex-related offenses.

Sec. 540. Uniform training and education programs for sexual assault prevention and response program.

Sec. 541. Development of selection criteria for assignment as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent.

Sec. 542. Extension of crime victims’ rights to victims of offenses under the Uniform Code of Military Justice.

Sec. 543. Defense counsel interview of complaining witnesses in presence of counsel for the complaining witness or a Sexual Assault Victim Advocate.

Sec. 544. Participation by complaining witnesses in clemency phase of courts-martial process.

Sec. 545. Eight-day incident reporting requirement in response to unrestricted report of sexual assault in which the victim is a member of the Armed Forces.

Sec. 546. Amendment to Manual for Courts-Martial to eliminate considerations relating to character and military service of accused in initial disposition of sex-related offenses.

Sec. 547. Inclusion of letter of reprimands, nonpunitive letter of reprimands and counseling statements.

Sec. 548. Enhanced protections for prospective members and new members of the Armed Forces during entry-level processing and training.

Sec. 549. Independent reviews and assessments of Uniform Code of Military Justice and judicial proceedings of sexual assault cases.

Sec. 550. Review of the Office of Diversity Management and Equal Opportunity role in sexual harassment cases.

Subtitle E—Military Family Readiness

Sec. 551. Department of Defense recognition of spouses of members of the Armed Forces who serve in combat zones.

Sec. 552. Protection of child custody arrangements for parents who are members of the Armed Forces.

Sec. 553. Treatment of relocation of members of the Armed Forces for active duty for purposes of mortgage refinancing.

Sec. 554. Family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.

Subtitle F—Education and Training Opportunities and Wellness

Sec. 561. Inclusion of Freely Associated States within scope of Junior Reserve Officers’ Training Corps program.

Sec. 562.  Improved climate assessments and dissemination and tracking of results.

Sec. 563. Service-wide 360 assessments.

Sec. 564. Health welfare inspections.

Sec. 565. Review of security of military installations, including barracks and multi-family residences.

Sec. 566. Enhancement of mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses.

Sec. 567. Use of educational assistance for courses in pursuit of civilian certifications or licenses.

Subtitle G—Defense Dependents’ Education

Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 572. Support for efforts to improve academic achievement and transition of military dependent students.

Sec. 573. Treatment of tuition payments received for virtual elementary and secondary education component of Department of Defense education program.

Subtitle H—Decorations and Awards

Sec. 581. Fraudulent representations about receipt of military decorations or medals.

Sec. 582. Repeal of limitation on number of medals of honor that may be awarded to the same member of the Armed Forces.

Sec. 583. Standardization of time-limits for recommending and awarding Medal of Honor, Distinguished-Service Cross, Navy Cross, Air Force Cross, and Distinguished-Service Medal.

Sec. 584. Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll requirements.

Sec. 585. Treatment of victims of the attacks at recruiting station in Little Rock, Arkansas, and at Fort Hood, Texas.

Sec. 586. Retroactive award of Army Combat Action Badge.

Sec. 587. Report on Navy review, findings, and actions pertaining to Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta.

Sec. 588. Authorization for award of the Distinguished-Service Cross to Sergeant First Class Robert F. Keiser for acts of valor during the Korean War.

Subtitle I—Other Matters

Sec. 591. Revision of specified senior military colleges to reflect consolidation of North Georgia College and State University and Gainesville State College.

Sec. 592. Authority to enter into concessions contracts at Army National Military Cemeteries.

Sec. 593. Commission on Military Behavioral Health and Disciplinary Issues.

Sec. 594. Commission on Service to the Nation.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.

Sec. 616. One-year extension of authority to provide incentive pay for members of precommissioning programs pursuing foreign language proficiency.

Sec. 617. Authority to provide bonus to certain cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

Subtitle C—Disability, Retired Pay, Survivor, and Transitional Benefits

Sec. 621. Transitional compensation and other benefits for dependents of certain members separated for violation of the Uniform Code of Military Justice.

Sec. 622. Prevention of retired pay inversion for members whose retired pay is computed using high-three average.

Subtitle D—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

Sec. 631. Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals.

Sec. 632. Purchase of sustainable products, local food products, and recyclable materials for resale in commissary and exchange store systems.

Sec. 633. Correction of obsolete references to certain nonappropriated fund instrumentalities.

Subtitle E—Other Matters

Sec. 641. Authority to provide certain expenses for care and disposition of human remains retained by the Department of Defense for forensic pathology investigation.

Sec. 642. Provision of status under law by honoring certain members of the reserve components as veterans.

Sec. 643. Survey of military pay and benefits preferences.

Title VII—Health Care Provisions

Subtitle A—Improvements to Health Benefits

Sec. 701. Mental health assessments for members of the Armed Forces.

Sec. 702. Periodic mental health assessments for members of the Armed Forces.

Subtitle B—Health Care Administration

Sec. 711. Future availability of TRICARE Prime for certain beneficiaries enrolled in TRICARE Prime.

Sec. 712. Cooperative health care agreements between the military departments and non-military health care entities.

Sec. 713. Limitation on availability of funds for integrated electronic health record program.

Sec. 714. Pilot program on increased third-party collection reimbursements in military medical treatment facilities.

Subtitle C—Other Matters

Sec. 721. Display of budget information for embedded mental health providers of the reserve components.

Sec. 722. Authority of Uniformed Services University of Health Sciences to enter into contracts and agreements and make grants to other nonprofit entities.

Sec. 723. Mental health support for military personnel and families.

Sec. 724. Research regarding hydrocephalus.

Sec. 725. Traumatic brain injury research.

Title VIII—Acquisition Policy, Acquisition Management, and Related Matters

Subtitle A—Acquisition Policy and Management

Sec. 801. Modification of reporting requirement for Department of Defense business system acquisition programs when initial operating capability is not achieved within five years of Milestone A approval.

Sec. 802. Enhanced transfer of technology developed at Department of Defense laboratories.

Sec. 803. Extension of limitation on aggregate annual amount available for contract services.

Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations

Sec. 811. Additional contractor responsibilities in regulations relating to detection and avoidance of counterfeit electronic parts.

Sec. 812. Amendments relating to detection and avoidance of counterfeit electronic parts.

Sec. 813. Government-wide limitations on allowable costs for contractor compensation.

Sec. 814. Inclusion of additional cost estimate information in certain reports.

Sec. 815.  Amendment relating to compelling reasons for waiving suspension or debarment.

Sec. 816. Requirement that cost or price to the Federal Government be given at least equal importance as technical or other criteria in evaluating competitive proposals for defense contracts.

Sec. 817. Requirement to buy American flags from domestic sources.

Subtitle C—Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan

Sec. 821. Amendments relating to prohibition on contracting with the enemy.

Sec. 822. Collection of data relating to contracts in Iraq and Afghanistan.

Subtitle D—Other Matters

Sec. 831. Extension of pilot program on acquisition of military purpose nondevelopmental items.

Sec. 832. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.

Title IX—Department of Defense Organization and Management

Subtitle A—Department of Defense Management

Sec. 901. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.

Sec. 902. Revisions to composition of transition plan for defense business enterprise architecture.

Subtitle B—Space Activities

Sec. 911. National security space satellite reporting policy.

Sec. 912. National security space defense and protection.

Sec. 913. Space acquisition strategy.

Sec. 914. Space control mission report.

Sec. 915. Responsive launch.

Subtitle C—Defense Intelligence and Intelligence-Related Activities

Sec. 921. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities.

Sec. 922. Department of Defense intelligence priorities.

Sec. 923. Defense Clandestine Service.

Sec. 924. Prohibition on National Intelligence Program consolidation.

Subtitle D—Cyberspace-Related Matters

Sec. 931. Modification of requirement for inventory of Department of Defense tactical data link systems.

Sec. 932. Defense Science Board assessment of United States Cyber Command.

Sec. 933. Mission analysis for cyber operations of Department of Defense.

Sec. 934. Notification of investigations related to compromise of critical program information.

Sec. 935. Additional requirements relating to the software licenses of the Department of Defense.

Subtitle E—Total Force Management

Sec. 941. Requirement to ensure sufficient levels of Government oversight of functions closely associated with inherently Governmental functions.

Sec. 942. Five-year requirement for certification of appropriate manpower performance.

Title X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Budgetary effects of this Act.

Sec. 1003. Audit of Department of Defense fiscal year 2018 financial statements.

Sec. 1004. Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization.

Subtitle B—Counter-Drug Activities

Sec. 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia.

Sec. 1012. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.

Sec. 1013. Two-year extension of authority to provide additional support for counter-drug activities of certain foreign governments.

Sec. 1014. Sense of Congress regarding the National Guard Counter-Narcotic Program.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Clarification of sole ownership resulting from ship donations at no cost to the navy.

Sec. 1022. Availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships.

Sec. 1023. Repair of vessels in foreign shipyards.

Sec. 1024. Sense of Congress regarding a balanced future naval force.

Sec. 1025. Authority for short-term extension or renewal of leases for vessels supporting the Transit Protection System Escort Program.

Subtitle D—Counterterrorism

Sec. 1030. Clarification of procedures for use of alternate members on military commissions.

Sec. 1031. Modification of Regional Defense Combating Terrorism Fellowship Program reporting requirement.

Sec. 1032. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1033. Requirements for certifications relating to the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities.

Sec. 1034. Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1035. Unclassified summary of information relating to individuals detained at Parwan, Afghanistan.

Sec. 1036. Assessment of affiliates and adherents of al-Qaeda outside the United States.

Sec. 1037. Designation of Department of Defense senior official for facilitating the transfer of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1038. Rank of chief prosecutor and chief defense counsel in military commissions established to try individuals detained at Guantanamo.

Sec. 1039. Report on capability of Yemeni government to detain, rehabilitate, and prosecute individuals detained at Guantanamo who are transferred to Yemen.

Sec. 1040. Report on attachment of rights to individuals detained at Guantanamo if transferred to the United States.

Sec. 1040A. Summary of information relating to individuals detained at Guantanamo who became leaders of foreign terrorist groups.

Subtitle E—Sensitive Military Operations

Sec. 1041. Congressional notification of sensitive military operations.

Sec. 1042. Report on process for determining targets of lethal operations.

Sec. 1043. Counterterrorism operational briefings.

Subtitle F—Nuclear Forces

Sec. 1051. Prohibition on elimination of the nuclear triad.

Sec. 1052. Limitation on availability of funds for reduction of nuclear forces.

Sec. 1053. Limitation on availability of funds for reduction or consolidation of dual-capable aircraft based in Europe.

Sec. 1054. Statement of policy on implementation of any agreement for further arms reduction below the levels of the New START Treaty; limitation on retirement or dismantlement of strategic delivery systems.

Sec. 1055. Sense of congress on compliance with nuclear arms control agreements.

Sec. 1056. Retention of capability to redeploy multiple independently targetable reentry vehicles.

Sec. 1057. Assessment of nuclear weapons program of the People’s Republic of China.

Sec. 1058. Cost estimates for nuclear weapons.

Sec. 1059. Report on New START Treaty.

Subtitle G—Miscellaneous Authorities and Limitations

Sec. 1061. Enhancement of capacity of the United States Government to analyze captured records.

Sec. 1062. Extension of authority to provide military transportation services to certain other agencies at the Department of Defense reimbursement rate.

Sec. 1063. Limitation on availability of funds for modification of force structure of the Army.

Sec. 1064. Limitation on use of funds for public-private cooperation activities.

Subtitle H—Studies and Reports

Sec. 1071. Oversight of combat support agencies.

Sec. 1072. Inclusion in annual report of description of interagency coordination relating to humanitarian demining technology.

Sec. 1073. Extension of deadline for Comptroller General report on assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense.

Sec. 1074. Repeal of requirement for Comptroller General assessment of Department of Defense efficiencies.

Sec. 1075. Matters for inclusion in the assessment of the 2013 quadrennial defense review.

Sec. 1076. Review and assessment of United States Special Operations Forces and United States Special Operations Command.

Sec. 1077. Reports on unmanned aircraft systems.

Sec. 1078. Online availability of reports submitted to Congress.

Sec. 1079. Provision of defense planning guidance and contingency operation plan information to Congress.

Subtitle I—Other Matters

Sec. 1081. Technical and clerical amendments.

Sec. 1082. Transportation of supplies for the United States by aircraft operated by United States air carriers.

Sec. 1083. Reduction in costs to report critical changes to major automated information system programs.

Sec. 1084. Extension of authority of Secretary of Transportation to issue non-premium aviation insurance.

Sec. 1085. Revision of compensation of members of the National Commission on the Structure of the Air Force.

Sec. 1086. Protection of tier one task critical assets from electromagnetic pulse and high-powered microwave systems.

Sec. 1087. Strategy for future military information operations capabilities.

Sec. 1088. Compliance of military departments with minimum safe staffing standards.

Sec. 1089. Determination and Disclosure of Transportation Costs Incurred by Secretary of Defense for congressional trips outside the United States.

Title XI—Civilian Personnel Matters

Sec. 1101. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1102. One-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.

Sec. 1103. Extension of voluntary reduction-in-force authority for civilian employees of Department of Defense.

Sec. 1104. Extension of authority to make lump-sum severance payments to Department of Defense employees.

Sec. 1105. Revision to amount of financial assistance under Department of Defense Science, Mathematics, and Research for Transformation (SMART) Defense Education Program.

Sec. 1106. Extension of program for exchange of information-technology personnel.

Sec. 1107. Defense Science Initiative for Personnel.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201. Modification and extension of authorities relating to program to build the capacity of foreign military forces.

Sec. 1202. Three-year extension of authorization for non-conventional assisted recovery capabilities.

Sec. 1203. Global Security Contingency Fund.

Sec. 1204. Codification of National Guard State Partnership Program.

Sec. 1205. Authority to conduct activities to enhance the capability of certain foreign countries to respond to incidents involving weapons of mass destruction in Syria and the region.

Sec. 1206. One-year extension of authority to support foreign forces participating in operations to disarm the Lord's Resistance Army.

Subtitle B—Matters relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. One-year extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1212. One-year extension of authority to use funds for reintegration activities in Afghanistan.

Sec. 1213. Extension of Commanders’ Emergency Response Program in Afghanistan.

Sec. 1214. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1215. One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan.

Sec. 1216. Special immigrant visas for certain Iraqi and Afghan allies.

Sec. 1217. Requirement to withhold Department of Defense assistance to Afghanistan in amount equivalent to 100 percent of all taxes assessed by Afghanistan to extent such taxes are not reimbursed by Afghanistan.

Subtitle C—Matters relating to Afghanistan post 2014

Sec. 1221. Modification of report on progress toward security and stability in Afghanistan.

Sec. 1222. Sense of Congress on United States military support in Afghanistan.

Sec. 1223. Defense intelligence plan.

Sec. 1224. Limitation on availability of funds for certain authorities for Afghanistan.

Subtitle D—Matters relating to Iran

Sec. 1231. Report on United States military partnership with Gulf Cooperation Council countries.

Sec. 1232. Additional elements in annual report on military power of Iran.

Sec. 1233. Sense of Congress on the defense of the Arabian Gulf.

Subtitle E—Reports and other matters

Sec. 1241. Report on posture and readiness of United States Armed Forces to respond to future terrorist attacks in Africa and the Middle East.

Sec. 1242. Role of the Government of Egypt to United States national security.

Sec. 1243. Sense of Congress on the military developments on the Korean peninsula.

Sec. 1244. Sense of Congress on defense cooperation with Georgia.

Sec. 1245. Limitation on establishment of Regional Special Operations Forces Coordination Centers.

Sec. 1246. Additional reports on military and security developments involving the Democratic People’s Republic of Korea.

Sec. 1247. Amendments to annual report under Arms Control and Disarmament Act.

Sec. 1248. Limitation on funds to provide the Russian Federation with access to certain missile defense technology.

Sec. 1249. Reports on actions to reduce support of ballistic missile programs of China, Syria, Iran, and North Korea.

Sec. 1250. Congressional notifications relating to status of forces agreements.

Sec. 1251. Sense of Congress on the conflict in Syria.

Sec. 1252. Revision of statutory references to former NATO support organizations and related NATO agreements.

Sec. 1253. Limitation on funds to implement executive agreements relating to United States missile defense capabilities.

Sec. 1254. Limitation on availability of funds for Threat Reduction Engagement activities and United States contributions to the Comprehensive Nuclear-Test-Ban Treaty Organization.

Sec. 1255. Sense of Congress on military-to-military cooperation between the United States and Burma.

Sec. 1256. Sense of Congress on the stationing of United States forces in Europe.

Sec. 1257. Sense of Congress on military capabilities of the People’s Republic of China.

Sec. 1258. Rule of construction.

Title XIII—Cooperative Threat Reduction

Sec. 1301. Specification of cooperative threat reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Extension for use of contributions to the Cooperative Threat Reduction Program.

Title XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National defense sealift fund.

Sec. 1403. Chemical Agents and Munitions Destruction, Defense.

Sec. 1404. Drug interdiction and counter-drug activities, defense-wide.

Sec. 1405. Defense Inspector General.

Sec. 1406. Defense Health Program.

Subtitle B—National Defense Stockpile

Sec. 1411. Use of National Defense Stockpile for the conservation of a strategic and critical materials supply.

Sec. 1412. Authority to acquire additional materials for the National Defense Stockpile.

Subtitle C—Other Matters

Sec. 1421. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

Sec. 1422. Authorization of appropriations for Armed Forces Retirement Home.

Sec. 1423. Cemeterial expenses.

Title XV—Authorization of Additional Appropriations for Overseas Contingency Operations

Subtitle A—Authorization of Additional Appropriations

Sec. 1501. Purpose.

Sec. 1502. Procurement.

Sec. 1503. Research, development, test, and evaluation.

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1508. Defense Inspector General.

Sec. 1509. Defense Health Program.

Subtitle B—Financial Matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Subtitle C—Limitations and Other Matters

Sec. 1531. Afghanistan Security Forces Fund.

Sec. 1532. Future role of Joint Improvised Explosive Device Defeat Organization.

Sec. 1533. Limitation on intelligence, surveillance, and reconnaissance support for Operation Observant Compass.

Sec. 1534. Report on United States force levels and costs of military operations in Afghanistan.

Title XVI—Industrial Base Matters

Sec. 1601. Periodic audits of contracting compliance by Inspector General of Department of Defense.

Sec. 1602. Expansion of the procurement technical assistance program to advance small business growth.

Sec. 1603. Amendments relating to Procurement Technical Assistance Cooperative Agreement Program.

Sec. 1604. Strategic plan for requirements for war reserve stocks of meals ready-to-eat.

Sec. 1605. Foreign commercial satellite services.

Sec. 1606. Proof of Concept Commercialization Pilot Program.

Division B—Military Construction Authorizations

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

Sec. 2003. Effective date.

Title XXI—Army Military Construction

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Additional authority to carry out certain fiscal year 2004 project.

Sec. 2105. Modification of authority to carry out certain fiscal year 2010 project.

Sec. 2106. Modification of authority to carry out certain fiscal year 2011 project.

Sec. 2107. Extension of authorizations of certain fiscal year 2010 projects.

Sec. 2108. Extension of authorizations of certain fiscal year 2011 projects.

Title XXII—Navy Military Construction

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Limitation on project authorization to carry out certain fiscal year 2014 project.

Sec. 2206. Modification of authority to carry out certain fiscal year 2011 project.

Sec. 2207. Modification of authority to carry out certain fiscal year 2012 project.

Sec. 2208. Extension of authorizations of certain fiscal year 2011 projects.

Title XXIII—Air Force Military Construction

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authority to carry out certain fiscal year 2013 project.

Sec. 2306. Limitation on project authorization to carry out certain fiscal year 2014 project.

Sec. 2307. Extension of authorization of certain fiscal year 2011 project.

Title XXIV—Defense Agencies Military Construction

Subtitle A—Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Subtitle B—Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide.

Title XXV—North Atlantic Treaty Organization Security Investment Program

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

Title XXVI—Guard and Reserve Forces Facilities

Subtitle A—Project Authorizations and Authorization of Appropriations

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Subtitle B—Other Matters

Sec. 2611. Modification of authority to carry out certain fiscal year 2013 project.

Sec. 2612. Extension of authorizations of certain fiscal year 2011 projects.

Title XXVII—Base Realignment and Closure Activities

Subtitle A—Authorization of Appropriations

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.

Subtitle B—Other Matters

Sec. 2711. Prohibition on conducting additional Base Realignment and Closure (BRAC) round.

Sec. 2712. Elimination of quarterly certification requirement regarding availability of military health care in National Capital Region.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing Changes

Sec. 2801. Modification of authority to carry out unspecified minor military construction.

Sec. 2802. Repeal of requirements for local comparability of room patterns and floor areas for military family housing and submission of net floor area information.

Sec. 2803. Repeal of separate authority to enter into limited partnerships with private developers of housing.

Sec. 2804. Military construction standards to reduce vulnerability of structures to terrorist attack.

Sec. 2805. Treatment of payments received for providing utilities and services in connection with use of alternative authority for acquisition and improvement of military housing.

Sec. 2806. Repeal of advance notification requirement for use of military housing investment authority.

Sec. 2807. Additional element for annual report on military housing privatization projects.

Sec. 2808. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Codification of policies and requirements regarding closure and realignment of United States military installations in foreign countries.

Subtitle C—Energy Security

Sec. 2821. Continuation of limitation on use of funds for Leadership in Energy and Environmental Design (LEED) gold or platinum certification.

Subtitle D—Provisions Related to Asia-Pacific Military Realignment

Sec. 2831.  Change from previous calendar year to previous fiscal year for period covered by annual report of Interagency Coordination Group of Inspectors General for Guam Realignment.

Sec. 2832. Repeal of certain restrictions on realignment of Marine Corps forces in Asia-Pacific region.

Subtitle E—Land Conveyances

Sec. 2841. Real property acquisition, Naval Base Ventura County, California.

Sec. 2842. Land conveyance, former Oxnard Air Force Base, Ventura County, California.

Sec. 2843. Land conveyance, Philadelphia Naval Shipyard, Philadelphia, Pennsylvania.

Sec. 2844. Land conveyance, Camp Williams, Utah.

Sec. 2845. Conveyance, Air National Guard radar site, Francis Peak, Wasatch Mountains, Utah.

Sec. 2846. Land conveyance, former Fort Monroe, Hampton, Virginia.

Sec. 2847. Land conveyance, Mifflin County United States Army Reserve Center, Lewistown, Pennsylvania.

Subtitle F—Other Matters

Sec. 2861. Repeal of annual Economic Adjustment Committee reporting requirement.

Sec. 2862. Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies.

Sec. 2863. Redesignation of the Graduate School of Nursing at the Uniformed Services University of the Health Sciences as the Daniel K. Inouye Graduate School of Nursing.

Sec. 2864. Renaming site of the Dayton Aviation Heritage National Historical Park, Ohio.

Sec. 2865. Designation of Distinguished Flying Cross National Memorial in Riverside, California.

Title XXIX—Overseas Contingency Operations Military Construction

Sec. 2901. Authorized Army construction and land acquisition project.

Title XXX—Military Land Transfers and Withdrawals to Support Readiness and Security

Subtitle A—Limestone Hills Training Area, Montana

Sec. 3001. Withdrawal and reservation of public lands for Limestone Hills Training Area, Montana.

Sec. 3002. Management of withdrawn and reserved lands.

Sec. 3003. Special rules governing minerals management.

Sec. 3004. Grazing.

Sec. 3005. Duration of withdrawal and reservation.

Sec. 3006. Payments in lieu of taxes.

Sec. 3007. Hunting, fishing and trapping.

Sec. 3008. Water rights.

Sec. 3009. Brush and range fire prevention and suppression.

Sec. 3010. On-going decontamination.

Sec. 3011. Application for renewal of a withdrawal and reservation.

Sec. 3012. Limitation on subsequent availability of lands for appropriation.

Sec. 3013. Relinquishment.

Subtitle B—White Sands Missile Range, New Mexico

Sec. 3021. Transfer of administrative jurisdiction, White Sands Missile Range, New Mexico.

Sec. 3022. Water rights.

Sec. 3023. Withdrawal.

Subtitle C—Naval Air Weapons Station China Lake, California

Sec. 3031. Transfer of administrative jurisdiction, Naval Air Weapons Station China Lake, California.

Sec. 3032. Water rights.

Sec. 3033. Withdrawal.

Subtitle D—Chocolate Mountain Aerial Gunnery Range, California

Sec. 3041. Transfer of administrative jurisdiction, Chocolate Mountain Aerial Gunnery Range, California.

Sec. 3042. Management and use of transferred land.

Sec. 3043. Realignment of range boundary and related transfer of title.

Sec. 3044. Effect of termination of military use.

Sec. 3045. Temporary extension of existing withdrawal period.

Sec. 3046. Water rights.

Subtitle E—Marine Corps Air Ground Combat Center Twentynine Palms, California

Sec. 3051. Designation of Johnson Valley National Off-Highway Vehicle Recreation Area.

Sec. 3052. Limited biannual Marine Corps Air Ground Combat Center Twentynine Palms use of Johnson Valley National Off-Highway Vehicle Recreation Area.

Sec. 3053. Transfer of administrative jurisdiction, Southern Study Area, Marine Corps Air Ground Combat Center Twentynine Palms, California.

Sec. 3054. Water rights.

Subtitle F—Naval Air Station Fallon, Nevada

Sec. 3061. Transfer of administrative jurisdiction, Naval Air Station Fallon, Nevada.

Sec. 3062. Water rights.

Sec. 3063. Withdrawal.

Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Energy security and assurance.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Clarification of principles of National Nuclear Security Administration.

Sec. 3112. Termination of Department of Energy employees to protect national security.

Sec. 3113. Modification of independent cost estimates on life extension programs and new nuclear facilities.

Sec. 3114. Plan for retrieval, treatment, and disposition of tank farm waste at Hanford Nuclear Reservation.

Sec. 3115. Enhanced procurement authority to manage supply chain risk.

Sec. 3116. Limitation on availability of funds for National Nuclear Security Administration.

Sec. 3117. Limitation on availability of funds for Office of the Administrator.

Sec. 3118. Limitation on availability of funds for Global Threat Reduction Initiative.

Sec. 3119. Establishment of Center for Security Technology, Analysis, Testing, and Response.

Sec. 3120. Cost-benefit analyses for competition of management and operating contracts.

Sec. 3121. W88–1 warhead and W78–1 warhead life extension options.

Sec. 3122. Extension of principles of pilot program to additional facilities of the nuclear security enterprise.

Subtitle C—Reports

Sec. 3131. Annual report and certification on status of the security of the nuclear security enterprise.

Sec. 3132. Modifications to annual reports regarding the condition of the nuclear weapons stockpile.

Sec. 3133. Repeal of certain reporting requirements.

Subtitle D—Other matters

Sec. 3141. Congressional advisory panel on the governance of the nuclear security enterprise.

Sec. 3142. Study of potential reuse of nuclear weapon secondaries.

Sec. 3143. Clarification of role of Secretary of Energy.

Sec. 3144. Technical amendment to Atomic Energy Act of 1954.

Title XXXII—Defense Nuclear Facilities Safety Board

Sec. 3201. Authorization.

Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board.

Title XXXIV—Naval Petroleum Reserves

Sec. 3401. Authorization of appropriations.

Title XXXV—Maritime Administration

Sec. 3501. Authorization of appropriations for national security aspects of the Merchant Marine for fiscal year 2014.

Sec. 3502. 5-year reauthorization of vessel war risk insurance program.

Sec. 3503. Sense of Congress.

Division D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

Title XLI—Procurement

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Title XLII—Research, Development, Test, and Evaluation

Sec. 4201. Research, development, test, and evaluation.

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.

Title XLIII—Operation and Maintenance

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

Title XLIV—Military Personnel

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Title XLV—Other Authorizations

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Title XLVI—Military Construction

Sec. 4601. Military construction.

Title XLVII—Department of Energy National Security Programs

Sec. 4701. Department of Energy national security programs.

3.

Congressional defense committees

In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

Procurement

A

Authorization of Appropriations

101.

Authorization of appropriations

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

B

Army Programs

111.

Limitation on availability of funds for Stryker vehicle program

(a)

Limitation

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

(b)

Report required

The Secretary of the Army shall submit to the congressional defense committees a report on the status of the Stryker vehicle spare parts inventory located in Auburn, Washington, cited in the report of the Inspector General of the Department of Defense (number 2013-025) dated November 30, 2012. The report submitted under this subsection shall include the following:

(1)

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

(2)

The value of the parts remaining in warehouse that may still be used by the Secretary for the repair, upgrade, or reset of Stryker vehicles.

(3)

The value of the parts remaining in the warehouse that are no longer usable by the Secretary for the repair, upgrade, or reset of Stryker vehicles.

(4)

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

(5)

Any other matters the Secretary considers appropriate.

C

Navy Programs

121.

Multiyear procurement authority for E–2D aircraft program

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into—

(1)

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

(2)

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).

(b)

Condition for out-year contract payments

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

122.

Cost limitation for CVN–78 aircraft carriers

(a)

In general

Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104) is amended to read as follows:

122.

Adherence to Navy cost estimates for CVN–78 class of aircraft carriers

(a)

Limitation

(1)

Lead ship

The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for the aircraft carrier designated as CVN–78 may not exceed $12,887,000,000 (as adjusted pursuant to subsection (b)).

(2)

Follow-on ships

The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for the construction of any ship that is constructed in the CVN–78 class of aircraft carriers after the lead ship of that class may not exceed $11,411,000,000 (as adjusted pursuant to subsection (b)).

(b)

Adjustment of limitation amount

The Secretary of the Navy may adjust the amount set forth in subsection (a) for any ship constructed in the CVN–78 class of aircraft carriers by the following:

(1)

The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2013.

(2)

The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws.

(3)

The amounts of outfitting costs and post-delivery costs incurred for that ship.

(4)

The amounts of increases or decreases in costs of that ship that are attributable to insertion of new technology into that ship, as compared to the technology baseline as it was defined in the approved acquisition program baseline estimate of December 2005.

(5)

The amounts of increases or decreases to nonrecurring design and engineering cost attributable to achieving compliance with the cost limitation.

(6)

The amounts of increases or decreases to cost required to correct deficiencies that may affect the safety of the ship and personnel or otherwise preclude the ship from safe operations and crew certification.

(7)

With respect to the aircraft carrier designated as CVN–78, the amounts of increases or decreases in costs of that ship that are attributable to the shipboard test program.

(c)

Limitation on technology insertion cost adjustment

The Secretary of the Navy may use the authority under paragraph (4) of subsection (b) to adjust the amount set forth in subsection (a) for a ship referred to in that subsection with respect to insertion of new technology into that ship only if—

(1)

the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology would lower the life-cycle cost of the ship; or

(2)

the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology is required to meet an emerging threat and the Secretary of Defense certifies to those committees that such threat poses grave harm to national security.

(d)

Notice

(1)

Requirement

The Secretary of the Navy shall submit to the congressional defense committees each year, at the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for the next fiscal year, written notice of—

(A)

any change in the amount set forth in subsection (a) during the preceding fiscal year that the Secretary has determined to be associated with a cost referred to in subsection (b); and

(B)

the most accurate estimate possible of the Secretary with respect to the total cost compared to the amount set forth in subsection (a), as adjusted by subsection (b), and the steps the Secretary is taking to reduce the costs below such amount.

(2)

Effective date

The requirement in paragraph (1) shall become effective with the budget request for the year of procurement of the first ship referred to in subsection (a).

.

(b)

Conforming amendment

The table of contents at the beginning of such Act is amended by striking the item relating to section 122 and inserting the following:

Sec. 122. Adherence to Navy cost estimates for CVN–78 class of aircraft carriers.

.

D

Air Force Programs

131.

Multiyear procurement authority for multiple variants of the C-130J aircraft program

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Air Force may enter into—

(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

(2)

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).

(b)

Condition for out-year contract payments

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

132.

Prohibition on cancellation or modification of avionics modernization program for C–130 aircraft

(a)

Prohibition

The Secretary of the Air Force may not take any action to cancel or modify the avionics modernization program of record for C–130 aircraft.

(b)

Conforming repeal

Section 143 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1662) is repealed.

133.

Retirement of KC–135R aircraft

(a)

Treatment of retired KC–135R aircraft

Except as provided by subsection (b) and (c), the Secretary of the Air Force shall maintain each KC–135R aircraft that is retired by the Secretary in a condition that would allow recall of that aircraft to future service in the Air Force Reserve, Air National Guard, or active forces aerial refueling force structure.

(b)

Exception

Subsection (a) shall not apply to a KC–135R aircraft that the Secretary transfers or sells to allies or partner nations of the United States.

(c)

Delivery of KC–46A aircraft

For each KC–46A aircraft that is delivered to the Air Force and the Commander of the Air Mobility Command initially certifies as mission capable, the Secretary may waive the requirements of subsection (a) with respect to one retired KC–135R aircraft.

(d)

Conforming repeal

Section 135 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114) is repealed.

134.

Competition for evolved expendable launch vehicle providers

(a)

Findings

Congress finds the following:

(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.

(2)

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

(b)

Plan

(1)

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.

(2)

Comparison

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

(A)

The proposed cost, schedule, and performance.

(B)

Mission assurance activities.

(C)

The manner in which the contractor will operate under the Federal Acquisition Regulation.

(D)

The effect of other contracts in which the contractor is entered into with the Federal Government, such as the evolved expendable launch vehicle launch capability contract and the space station commercial resupply services contracts.

(E)

Any other areas the Secretary determines appropriate.

(c)

Submission to Congress

(1)

In general

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

(A)

submit to the appropriate congressional committees a report that includes the plan under subsection (b)(1); or

(B)

provide to such committees a briefing on such plan.

(2)

GAO review

The Comptroller General of the United States shall—

(A)

submit to the appropriate congressional committees a review of the plan under subsection (b)(1); or

(B)

provide to such committees a briefing on such plan.

(3)

Appropriate congressional committees defined

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

(A)

The congressional defense committees.

(B)

The Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(C)

The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

E

Defense-wide, Joint, and Multiservice Matters

141.

Multiyear procurement authority for ground-based interceptors

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Director of the Missile Defense Agency may enter into one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of 14 ground-based interceptors.

(b)

Authority for advance procurement

The Director may enter into one or more contracts for advance procurement associated with the ground-based interceptors for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(c)

Condition for out-year contract payments

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

142.

Multiyear procurement authority for tactical wheeled vehicles

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of Defense may enter into one or more multiyear, multivehicle contracts, beginning with the fiscal year 2014 program year, for the procurement of core tactical wheeled vehicles.

(b)

Condition for out-year contract payments

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

(c)

Notification required

Not later than 180 days after the date of the enactment of this Act, the Secretary shall notify the congressional defense committees of—

(1)

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

(2)

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

(d)

Annual reports

For each fiscal year in which the Secretary is entered into a contract under this section, the Secretary shall submit to the congressional defense committees, as part of the material submitted in support of the budget of the President for such fiscal year, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the following:

(1)

The status of procurements under such contract.

(2)

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

(3)

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

(4)

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

(e)

Termination of authority

The Secretary may not enter into a contract under this section after September 30, 2018. During the five-year period beginning on October 1, 2018, the Secretary may continue to carry out any contract entered into under this section before such date using funds made available to the Secretary for such purpose before such date.

(f)

Core tactical vehicles defined

In this section, the term core tactical wheeled vehicles means—

(1)

the family of medium tactical vehicles;

(2)

medium tactical wheeled vehicle replacements;

(3)

the family of heavy tactical vehicles; and

(4)

logistics vehicle system replacements.

143.

Limitation on availability of funds for retirement of RQ–4 Global Hawk unmanned aircraft systems

(a)

Limitation

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended to retire, prepare to retire, or place in storage an RQ–4 Block 30 Global Hawk unmanned aircraft system.

(b)

Maintained levels

During the period preceding December 31, 2016, in supporting the operational requirements of the combatant commands, the Secretary of the Air Force shall maintain the operational capability of each RQ–4 Block 30 Global Hawk unmanned aircraft system belonging to the Air Force or delivered to the Air Force during such period.

(c)

Conforming amendment

Section 154 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1666) is amended—

(1)

by striking (a) Limitation.—; and

(2)

by striking subsection (b).

144.

Personal protection equipment procurement

(a)

Procurement

The Secretary of Defense shall ensure that personal protection equipment is procured using funds authorized to be appropriated by section 101 and available for such purpose as specified in the funding table in sections 4101 and 4102.

(b)

Procurement line item

In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2015, and each subsequent fiscal year, the Secretary shall ensure that within each military department procurement account, a separate, dedicated procurement line item is designated for personal protection equipment.

(c)

Personal protection equipment defined

In this section, the term personal protection equipment means the following:

(1)

Body armor components.

(2)

Combat helmets.

(3)

Combat protective eyewear.

(4)

Protective clothing.

(5)

Other items as determined appropriate by the Secretary.

145.

Repeal of certain F-35 reporting requirements

Section 122 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4157) is amended—

(1)

by striking subsection (b); and

(2)

by redesignating subsection (c) as subsection (b).

146.

Study on procurement of personal protection equipment

(a)

Study

(1)

In general

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center to conduct a study to identify and assess alternative and effective means for stimulating competition and innovation in the personal protection equipment industrial base.

(2)

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.

(b)

Report

(1)

In general

Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted under subsection (a)(1).

(2)

Matters included

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

(A)

The study, findings, and recommendations submitted to the Secretary under subsection (a)(2).

(B)

An assessment of current and future technologies that could markedly improve body armor, including by decreasing weight, increasing survivability, and making other relevant improvements.

(C)

An analysis of the capability of the personal protection equipment industrial base to leverage such technologies to produce the next generation body armor.

(D)

An assessment of alternative body armor acquisition models, including different types of contracting and budgeting practices of the Department of Defense.

(c)

Personal protection equipment

In this section, the term personal protection equipment includes body armor.

II

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

A

Authorization of Appropriations

201.

Authorization of appropriations

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

B

Program Requirements, Restrictions, and Limitations

211.

Limitation on availability of funds for ground combat vehicle engineering and manufacturing phase

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Army may be obligated or expended for post-Milestone B engineering and manufacturing phase development activities for the ground combat vehicle program until a period of 30 days has elapsed following the date on which the Secretary of the Army submits to the congressional defense committees a report that includes the following:

(1)

An independent assessment of the draft milestone B documentation for the ground combat vehicle that—

(A)

is performed by the Director of Cost Assessment and Program Evaluation, the Assistant Secretary of Defense for Research and Engineering, or other similar official; and

(B)

analyzes whether there is a sufficient business case to proceed with the engineering and manufacturing development phase for the ground combat vehicle using only one contractor.

(2)

A certification by the Secretary that the ground combat vehicle program has—

(A)

feasible and fully-defined requirements;

(B)

fully mature technologies;

(C)

independent and high-confidence cost estimates;

(D)

available funding; and

(E)

a realistic and achievable schedule.

212.

Limitation on Milestone A activities for Unmanned Carrier-launched Surveillance and Strike system program

The Under Secretary of Defense for Acquisition, Technology, and Logistics may not award a Milestone A technology development contract with respect to the Unmanned Carrier-launched Surveillance and Strike system program until a period of 30 days has elapsed following the date on which the Under Secretary certifies to the congressional defense committees that the software and system engineering designs for the control system and connectivity and aircraft carrier segments of such program can achieve, with low level of integration risk, successful compatibility and interoperability with the air vehicle segment selected for contract award with respect to such program.

213.

Limitation on availability of funds for Air Force logistics transformation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for procurement, Air Force, or research, development, test, and evaluation, Air Force, for logistics information technology, including for the expeditionary combat support system, not more than 50 percent may be obligated or expended until the date that is 30 days after the date on which the Secretary of the Air Force submits to the congressional defense committees a report on how the Secretary will modernize and update the logistics information technology systems of the Air Force following the cancellation of the expeditionary combat support system. Such report shall include—

(1)

strategies to—

(A)

in the near term, address any gaps in capability with respect to logistics information technology; and

(B)

during the period covered by the current future-years defense plan, provide for long-term modernization of logistics information technology;

(2)

an analysis of the root causes leading to the failure of the expeditionary combat support system program; and

(3)

a plan of action by the Secretary to ensure that the lessons learned under such analysis are—

(A)

shared throughout the Department of Defense and the military departments; and

(B)

considered in program planning for similar logistics information technology systems.

214.

Limitation on availability of funds for defensive cyberspace operations of the Air Force

(a)

Limitation

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

(b)

Matters included

The report under subsection (a) shall include the following:

(1)

A description of how the Application Software Assurance Center of Excellence is used to support the software assurance activities of the Air Force and other elements of the Department of Defense, including pursuant to section 933 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2224 note).

(2)

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

(3)

The plan of the Secretary for sustaining the Center of Excellence during the period covered by the future-years defense program submitted in 2013 under section 221 of title 10, United States Code.

215.

Limitation on availability of funds for precision extended range munition program

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense, not more than 50 percent may be obligated or expended for the precision extended range munition program until the date on which the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees written certification that—

(1)

such program is necessary to meet a valid operational need that cannot be met by the existing precision guided mortar munition of the Army, other indirect fire weapons, or aerial-delivered joint fires; and

(2)

a sufficient business case exists to proceed with development and production of such program.

216.

Limitation on availability of funds for the program manager for biometrics of the Department of Defense

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for research, development, test, and evaluation for the Department of Defense program manager for biometrics for future biometric architectures or systems, not more than 75 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees a report assessing the future program structure for biometrics oversight and execution and architectural requirements for biometrics enabling capability.

(b)

Matters included

The report under subsection (a) shall include the following:

(1)

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

(A)

how to better align responsibilities for the multiple elements of the military departments and the Department of Defense with responsibility for biometrics, including the Navy and the Marine Corps; the Office of the Provost Marshall General, and the intelligence community; and

(B)

whether the program management responsibilities of the Department of Defense program manager for biometrics should be retained by the Army or transferred to another military department or element of the Department based on the expected future operating environment.

(2)

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.

(3)

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

217.

Unmanned combat air system demonstration testing requirement

Not later than October 1, 2014, the Secretary of the Navy shall demonstrate, with respect to the X–47B unmanned combat air system aircraft, the following:

(1)

Unmanned autonomous rendezvous and aerial-refueling operations using the receptacle and probe equipment of the X–47B aircraft.

(2)

The ability of such aircraft to on-load fuel from airborne tanker aircraft using both the boom and drogue equipment installed on the tanker aircraft.

218.

Long-range standoff weapon requirement

The Secretary of the Air Force shall develop a follow-on air-launched cruise missile to the AGM–86 that—

(2)

achieves initial operating capability for both conventional and nuclear missions by not later than 2030; and

(3)

is certified for internal carriage and employment for both conventional and nuclear missions on the next-generation long-range strike bomber by not later than 2034.

219.

Review of software development for F–35 aircraft

(a)

Review

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall establish an independent team consisting of subject matter experts to review the development of software for the F–35 aircraft program (in this section referred to as the software development program), including by reviewing the progress made in—

(1)

managing the software development program; and

(2)

delivering critical software capability in accordance with current program milestones.

(b)

Report

Not later than March 3, 2014, the Under Secretary shall submit to the congressional defense committees a report on the review under subsection (a). Such report shall include the following:

(1)

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

(A)

has been successful in meeting the key milestone dates occurring before the date of the report; and

(B)

will be successful in meeting the established program schedule.

(2)

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.

(3)

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.

220.

Evaluation and assessment of the Distributed Common Ground System

(a)

Project codes for budget submissions

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

(b)

Analysis

(1)

Requirement

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct an analysis of 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.

(2)

Elements

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

(A)

Revalidation of the distributed common ground system program requirements for link analysis tools based on current program needs, recent operational experience, and the requirement for nonproprietary solutions that adhere to open-architecture principles.

(B)

Market research of current commercially available link analysis tools to determine which tools, if any, could potentially satisfy the requirements described in subparagraph (A).

(C)

Analysis of the competitive acquisition options for any commercially available link analysis tools identified in subparagraph (B).

(3)

Submission

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

(c)

Competition required

(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.

(2)

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.

(3)

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—

(A)

the reasons for making such a waiver; and

(B)

identification of when in the acquisition timeline of such program that the covered official plans to issue the request for proposals.

(d)

Covered official defined

In this section, the term covered official means the following:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

221.

Requirement to complete individual carbine testing

The Secretary of the Army may not cancel the individual carbine program unless the Secretary—

(1)

completes the Phase III down-select and user-evaluation phase of the individual carbine competitors;

(2)

conducts the required comprehensive business case analysis of such program; and

(3)

submits to the congressional defense committees—

(A)

the results of the down-select and user evaluation described in paragraph (1); and

(B)

the business case analysis described in paragraph (2).

222.

Establishment of funding line and fielding plan for Navy laser weapon system

(a)

In general

The Secretary shall ensure that each future-years defense program submitted to Congress under section 221 of title 10, United States Code, that covers any of fiscal years 2018 through 2028 includes a funding line and fielding plan for a Navy laser weapon system with respect to such fiscal years.

(b)

Alternative report

If the Secretary determines that the technology and maturation efforts of a Navy laser weapon system conducted prior to fiscal year 2016 do not indicate that suitable technology warranting a program of record for such system will be available by 2018, the Secretary may waive the requirements of subsection (a) if the Secretary submits to the congressional defense committees written justification of such determination, including a description of the technical shortcomings of such system, by not later than March 30, 2016.

223.

Sense of Congress on importance of aligning common missile compartment of Ohio-class replacement program with the United Kingdom's Vanguard successor program

(a)

Findings

Congress finds the following:

(1)

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.

(2)

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

(3)

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.

(4)

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.

(b)

Sense of Congress

It is the sense of Congress that the Secretary of Defense and the Secretary of the Navy should make every effort to ensure that the common missile compartment associated with the Ohio-class ballistic missile submarine replacement program stays on schedule and is aligned with the Vanguard-successor program of the United Kingdom in order for the United States to fulfill its longstanding commitment to our ally and partner in sea-based strategic deterrence.

224.

Sense of congress on counter-electronics high power microwave missile project

It is the sense of the Congress that—

(1)

following the successful joint technology capability demonstration that the counter-electronics high power microwave missile project (in this section referred to as CHAMP) conducted last year, the Air Force should examine the results of the demonstration and consider the demonstration as a potential solution during any analysis of alternatives conducted in 2014;

(2)

an analysis of alternatives is an important step in the long term-term development of a high power microwave weapon;

(3)

additionally, a near-term option may be available to get such capability to commanders of the combatant commands should the capability be required;

(4)

the Secretary of the Air Force should pursue both near- and long-term high power microwave weapon systems;

(5)

CHAMP could be developed as a cruise missile delivered weapon with target availability to commanders of the combatant commands by 2016; and

(6)

such development should not prohibit or divert resources from an analysis of alternatives and long-term development of a high power microwave weapon.

C

Missile Defense Programs

231.

Prohibition on use of funds for MEADS program

(a)

Prohibition

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended for the medium extended air defense system.

(b)

Harvesting technology

(1)

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.

(2)

Actions described

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

(c)

Report

(1)

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).

(2)

Matters included

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

(A)

A review of current Army and joint requirements to which any harvested technology of the medium extended air defense system might be applied.

(B)

The timeline of the Secretary for completion of an analysis of alternatives to technologies and systems being considered for harvesting.

(C)

An overview of the planned acquisition strategy for any major systems being considered for harvesting and for insertion into the integrated air and missile defense architecture.

(d)

Application

The prohibition in subsection (a) may not be superseded except by a provision of law that specifically supersedes, repeals, or modifies such subsection.

232.

Additional missile defense site in the United States for optimized protection of the homeland

(a)

Findings

Congress makes the following findings:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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

(A)

to conduct environmental impact studies for three potential locations for an additional missile defense site capable of protecting the homeland; and

(B)

to develop a contingency plan in case the President determines to proceed with deployment of such an additional site.

(6)

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.

(b)

Additional missile defense site

(1)

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.

(2)

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.

(3)

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.

233.

Limitation on removal of missile defense equipment from East Asia

(a)

Policy

It is the policy of the United States that—

(1)

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

(2)

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.

(b)

Limitation

Except as provided by subsection (c) or (d), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 or any fiscal year thereafter may be obligated or expended to remove missile defense equipment of the United States from East Asia until a period of 180 days has elapsed following the date on which the President certifies to the congressional defense committees the following:

(1)

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.

(2)

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

(A)

such dismantlement has occurred; and

(B)

the missile defense platforms of the United States located in East Asia are no longer needed.

(c)

Waiver

The President may waive the limitation in subsection (b) with respect to removing missile defense equipment of the United States from East Asia if—

(1)

the President submits to the congressional defense committees—

(A)

a certification that such waiver is in the national security interest of the United States; and

(B)

a report, in unclassified form, explaining—

(i)

why the President cannot make a certification for such removal under subsection (b);

(ii)

the national security interest covered by the certification made under subparagraph (A); and

(iii)

how the President will provide a commensurate level of defense for the United States, allies of the United States, and deployed forces of the United States, as provided by such missile defense equipment being removed; and

(2)

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

(d)

Exception

The limitation in subsection (b) shall not apply to destroyers and cruisers of the Navy equipped with the Aegis ballistic missile defense system.

234.

Improvements to acquisition accountability reports on ballistic missile defense system

(a)

In general

Section 225 of title 10, United States Code, is amended—

(1)

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

(2)

by adding at the end the following:

(e)

Quality of cost estimates

(1)

The Director shall ensure that each cost estimate included in an acquisition baseline pursuant to subsection (b)(3) includes all operation and support costs, regardless of funding source, for which the Director is responsible.

(2)

In each such baseline submitted to the congressional defense committees, the Director shall state whether the underlying cost estimates in such baseline meet the criteria of the Comptroller General of the United States to be considered a high-quality estimate. If the Director states that such estimates do not meet such criteria, the Director shall include in such baseline the actions, including a schedule, that the Director plans to carry out for the estimates to meet such criteria.

.

(b)

Report

Not later than February 15, 2014, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report of the plans and schedule of the Director with respect to when the Director will meet the quality and criteria of cost estimates required by section 225(e) of title 10, United States Code, as added by subsection (a)(2).

235.

Analysis of alternatives for successor to precision tracking space system

(a)

Analysis of alternatives required

(1)

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.

(2)

Consideration

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

(A)

Current and future terrestrial, airborne, and space capabilities and capability gaps for missile defense sensing requirements.

(B)

Current and planned overhead persistent infrared architecture and the potential for the future exploitability of such architecture.

(C)

Lessons learned from the space tracking and surveillance system and precision tracking space system technology development programs.

(D)

Opinions of private industry based on the experience of such industry with delivering space capabilities.

(E)

Opportunities for such successor system to contribute to nonmissile defense missions with unmet requirements, including space situational awareness.

(3)

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—

(A)

developing a successor to the precision tracking space system solely for the Missile Defense Agency; and

(B)

cooperating with other heads of departments and agencies of the United States to develop space systems that are multi-mission, including by hosting payloads.

(b)

Submission required

(1)

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).

(2)

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—

(A)

the analysis of alternatives for a successor to the precision tracking space system performed under subsection (a)(1); and

(B)

a description of the potential platforms on which a hosted payload could be hosted.

(3)

Form

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

(c)

Conforming repeal

Section 224 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1675) is repealed.

236.

Plan to improve organic kill assessment capability of the ground-based midcourse defense system

(a)

Organic kill assessment capability

The Director of the Missile Defense Agency and the Commander of the United States Northern Command, in consultation with the Commander of the United States Strategic Command, shall jointly develop—

(1)

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

(2)

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.

(b)

Improved hit assessment

The Director and the Commander of the United States Northern Command, in consultation with the Commander of the United States Strategic Command, shall jointly develop an interim capability for improved hit assessment for the ground-based midcourse defense system that can be integrated into near-term enhanced kill vehicle upgrades and refurbishment.

(c)

Submission to Congress

Not later than March 15, 2014, the Director and the Commander of the United States Northern Command shall jointly submit to the congressional defense committees a report on—

(1)

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

(2)

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

237.

Availability of funds for Iron Dome short-range rocket defense program

Of the funds authorized to be appropriated for fiscal year 2014 by section 201 for research, development, test, and evaluation, Defense-wide, and available for the Missile Defense Agency, $15,000,000 may be obligated or expended for enhancing the capability for producing the Iron Dome short-range rocket defense program in the United States, including for infrastructure, tooling, transferring data, special test equipment, and related components.

238.

NATO and the phased, adaptive approach to missile defense in Europe

(a)

NATO funding

(1)

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—

(A)

the funding of the phased, adaptive approach to missile defense in Europe; and

(B)

establishing a plan for NATO to provide at least 50 percent of the infrastructure and operations and maintenance costs of phase I of the phased, adaptive approach to missile defense in Europe.

(2)

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.

(3)

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).

(b)

Interceptors

If the Secretary of Defense determines that it is useful to the interests of the United States, the Secretary shall seek to engage with members of NATO to establish a NATO common pool of Aegis standard missile–3 block IA, standard missile–3 block IB, and standard missile–3 block IIA interceptors to defend NATO members through the phased, adaptive approach to missile defense in Europe.

239.

Sense of Congress on procurement of capability enhancement II exoatmospheric kill vehicle

It is the sense of Congress that the Secretary of Defense should not procure a Capability Enhancement II exoatmospheric kill vehicle for deployment until after the date on which a successful operational flight test of the Capability Enhancement II ground-based interceptor has occurred unless such procurement is for test assets or to maintain a warm line for the industrial base.

240.

Sense of Congress on 30th anniversary of the Strategic Defense Initiative

(a)

Findings

Congress finds the following:

(1)

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.

(2)

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 U.S. 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?.

(3)

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.

(4)

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).

(5)

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).

(6)

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.

(7)

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

(8)

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.

(9)

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.

(10)

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.

(11)

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.

(12)

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 U.S. systems.

(13)

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.

(14)

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.

(15)

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.

(16)

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.

(17)

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

(b)

Sense of Congress

Congress—

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

D

Reports

251.

Annual Comptroller General report on the amphibious combat vehicle acquisition program

(a)

Annual GAO review

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

(b)

Annual reports

(1)

In general

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

(2)

Matters to be included

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

(A)

The extent to which the program is meeting development and procurement cost, schedule, performance, and risk mitigation goals.

(B)

With respect to meeting the desired initial operational capability and full operational capability dates for the amphibious combat vehicle, the progress and results of—

(i)

developmental and operational testing of the vehicle; and

(ii)

plans for correcting deficiencies in vehicle performance, operational effectiveness, reliability, suitability, and safety.

(C)

An assessment of procurement plans, production results, and efforts to improve manufacturing efficiency and supplier performance.

(D)

An assessment of the acquisition strategy of the amphibious combat vehicle, including whether such strategy is in compliance with acquisition management best-practices and the acquisition policy and regulations of the Department of Defense.

(E)

An assessment of the projected operations and support costs and the viability of the Marine Corps to afford to operate and sustain the amphibious combat vehicle.

(3)

Additional information

In submitting to the congressional defense committees the first report under paragraph (1) and a report following any changes made by the Secretary of the Navy to the baseline documentation of the amphibious combat vehicle acquisition program, the Comptroller General shall include, with respect to such program, an assessment of the sufficiency and objectivity of—

(A)

the analysis of alternatives;

(B)

the initial capabilities document; and

(C)

the capabilities development document.

252.

Report on strategy to improve body armor

(a)

Report

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

(b)

Matters included

The report under subsection (a) shall include the following:

(1)

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

(2)

For each such solution—

(A)

the costs, schedules, and performance requirements;

(B)

the research and development funding profile;

(C)

a description of the materials being used in the solution; and

(D)

the feasibility and technology readiness levels of the solution and the materials.

(3)

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

(4)

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

(5)

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

(6)

Any other matter the Secretary considers appropriate.

253.

Report on main battle tank fuel efficiency initiative

Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the investment strategy to accelerate fuel efficiency improvements to the current engine and transmission of the M1 Abrams series main battle tank as part of the Army’s Engineering Change Proposal Phase I strategy.

254.

Report on powered rail system

(a)

Report required

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the powered rail system compared to currently fielded solutions. Such report shall include each of the following:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(b)

Testing

Any testing conducted in order to produce the report required by subsection (a) shall be supervised and validated by the Director of Operational Test and Evaluation of the Department of Defense.

E

Other Matters

261.

Establishment of Cryptographic Modernization Review and Advisory Board

(a)

In general

Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section:

189.

Cryptographic Modernization Review and Advisory Board

(a)

Establishment

There shall be in the Department of Defense a Cryptographic Modernization Review and Advisory Board (in this section referred to as the Board) to review and assess the cryptographic modernization activities of the Department and provide advice to the Secretary with respect to such activities pursuant to the roles and responsibilities outlined in the Chairman of the Joint Chiefs of Staff Instruction 6510.02D.

(b)

Members

(1)

The Secretary shall determine the number of members of the Board.

(2)

The Secretary shall appoint officers in the grade of general or admiral and civilian employees of the Department of Defense in the Senior Executive Service to serve as members of the Board.

(c)

Responsibilities

The Board shall—

(1)

review compliance with cease-use dates for specific cryptographic systems based on rigorous analysis of technical and threat factors and issue guidance, as needed, to relevant program executive offices and program managers;

(2)

monitor the overall cryptographic modernization efforts of the Department, including while such efforts are being executed;

(3)

convene in-depth technical program reviews, as needed, for specific cryptographic modernization developments with respect to validating current and in-draft requirements of systems of the Department of Defense and identifying programmatic risks;

(4)

develop a five-year cryptographic modernization plan to—

(A)

make recommendations to the Joint Requirements Oversight Council with respect to updating or modifying requirements for cryptographic modernization; and

(B)

identify previously unidentified requirements;

(5)

develop a long-term roadmap to—

(A)

ensure synchronization with major planning documents;

(B)

anticipate risks and issues in 10- and 20-year timelines; and

(C)

ensure that the expertise and insights of the military departments, Defense Agencies, the combatant commands, industry, academia, and key allies are included in the course of developing and carrying out cryptographic modernization activities;

(6)

develop a concept of operations for how cryptographic systems should function in a system-of-systems environment; and

(7)

advise the Secretary on the development of a cryptographic asset visibility system.

(d)

Exclusion of certain programs

The Board shall not include programs funded under the National Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6))) in carrying out this section.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding after the item relating to section 188 the following new item:

189. Cryptographic Modernization Review and Advisory Board.

.

262.

Clarification of eligibility of a State to participate in defense experimental program to stimulate competitive research

Subparagraph (A) of section 257(d)(2) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note) is amended to read as follows:

(A)

the State is eligible for the experimental program to stimulate competitive research under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g); and

.

263.

Extension and expansion of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions

(a)

Clarification of availability of funds

Section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is amended—

(1)

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

(2)

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

(b)

Availability of funds for infrastructure revitalization projects

(1)

In general

Subject to the provisions of this subsection, funds available under a mechanism under subsection (a) for specific laboratory infrastructure revitalization projects shall be available for such projects until expended.

(2)

Prior notice of costs of projects

Funds shall be available in accordance with paragraph (1) for a project referred to in that paragraph only if the congressional defense committees are notified of the total cost of the project before the commencement of the project.

(3)

Accumulation of funds for projects

Funds may accumulate under a mechanism under subsection (a) for a project referred to in paragraph (1) for not more than five years.

(4)

Limitation on total cost of project

Funds shall be available in accordance with paragraph (1) for a project referred to in that paragraph only if the cost of the project does not exceed $4,000,000.

.

(b)

Extension

Subsection (d) of such section, as redesignated by subsection (a)(1) of this section, is amended by striking September 30, 2016 and inserting September 30, 2020.

(c)

Application

Subsection (b) of section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note), as added by subsection (a)(2), shall apply with respect to funds made available under such section 219 after the date of the enactment of this Act.

264.

Extension of authority to award prizes for advanced technology achievements

Section 2374a(f) of chapter 139 of title 10, United States Code, is amended by striking September 30, 2013 and inserting September 30, 2018.

265.

Five-year extension of pilot program to include technology protection features during research and development of certain defense systems

Section 243(d) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2358 note) is amended by striking October 1, 2015 and inserting October 1, 2020.

266.

Briefing on power and energy research conducted at university affiliated research centers

(a)

Briefing

Not later than March 31, 2014, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on power and energy research conducted at the university affiliated research centers.

(b)

Matters included

The briefing under subsection (a) shall include the following:

(1)

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

(2)

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—

(A)

system failure and losses, including—

(i)

utility logistics and supply chain management for events resulting in system failure or other major damage;

(ii)

near real-time utility and law enforcement access to damage assessment information during events resulting in system failure or other major damage;

(B)

mitigation and response to disasters and attacks;

(C)

variable energy resource integration on the bulk power system;

(D)

integration of high penetrations of distributed energy technologies on the electric distribution system;

(E)

substation and asset hardening techniques appropriate for use in civilian areas;

(F)

facilitating development of training programs to support significant increase in required technical skills of present and future utility field forces, including hands-on training; and

(G)

facilitating increased consumer self-sufficiency.

III

Operation and Maintenance

A

Authorization of Appropriations

301.

Operation and maintenance funding

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

B

Energy and Environment

311.

Deadline for submission of reports on proposed budgets for activities relating to operational energy strategy

Section 138c(e) of title 10, United States Code, is amended—

(1)

in paragraph (4), by striking Not later than 30 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year and inserting The Secretary of Defense shall submit to Congress a report on the proposed budgets for a fiscal year; and

(2)

by adding at the end the following new paragraph:

(6)

The report required by paragraph (4) for a fiscal year shall be submitted by the later of the following dates:

(A)

The date that is 30 days after the date on which the budget for that fiscal year is submitted to Congress pursuant to section 1105 of title 31.

(B)

March 31 of the previous fiscal year.

.

312.

Facilitation of interagency cooperation in conservation programs of the Departments of Defense, Agriculture, and Interior to avoid or reduce adverse impacts on military readiness activities

(a)

Use of funds under certain agreements

Section 2684a of title 10, United States Code, is amended—

(1)

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

(2)

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

(h)

Interagency cooperation in conservation programs To avoid or reduce adverse impacts on military readiness activities

In order to facilitate interagency cooperation and enhance the effectiveness of actions that will protect both the environment and military readiness, the recipient of funds provided pursuant an agreement under this section or under the Sikes Act (16 U.S.C. et seq.) may, with regard to the lands and waters within the scope of the agreement, use such funds to satisfy any matching funds or cost-sharing requirement of any conservation program of the Department of Agriculture or the Department of the Interior notwithstanding any limitation of such program on the source of matching or cost-sharing funds.

.

(b)

Sunset

This section and subsection (h) of section 2684a of title 10, United States Code, as added by this section, shall expire on October 1, 2019, except that any agreement referred to in such subsection that is entered into on or before September 30, 2019, shall continue according to its terms and conditions as if this section has not expired.

313.

Reauthorization of Sikes Act

Section 108 of the Sikes Act (16 U.S.C. 670f) is amended by striking fiscal years 2009 through 2014 each place it appears and inserting fiscal years 2014 through 2019.

314.

Cooperative agreements under Sikes Act for land management related to Department of Defense readiness activities

(a)

Multiyear agreements To fund long-Term management

Subsection (b) of section 103A of the Sikes Act (16 U.S.C. 670c–1) is amended—

(1)

by inserting (1) before Funds; and

(2)

by adding at the end the following new paragraph:

(2)

In the case of a cooperative agreement under subsection (a)(2), funds referred to in paragraph (1)—

(A)

may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and

(B)

may be invested by the recipient in accordance with the recipient’s own guidelines for the management and investment of financial assets, and any interest or income derived from such investment may be applied for the same purposes as the principal.

.

(b)

Availability of funds and relation to other laws

Subsection (c) of such section is amended to read as follows:

(c)

Availability of funds and relation to other laws

(1)

Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.

(2)

Notwithstanding chapter 63 of title 31, United States Code, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government.

(3)

Amounts available to the Department of Defense that are provided to any Federal, State, local, or nongovernmental entity for conservation and rehabilitation of natural resources in an area that is not on a military installation—

(A)

may only be used for payment of direct costs associated with the management of such area; and

(B)

may be used to pay not more than 3 percent of total project administrative costs, fees, and management charges.

(4)

Amounts available to the Department of Defense may not be used under this Act to acquire fee title interest in real property for natural resources projects that are not on a military installation.

.

(c)

Annual audits

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

(d)

Annual audits

The Inspector General of the Department of Defense shall annually audit each natural resources project funded with amounts available to the Department of Defense under this Act that is not on a military installation.

.

(d)

Sunset

This section and the provisions of law enacted by the amendments made by this section shall expire on October 1, 2019, except that any cooperative agreement referred to in such provisions that is entered into on or before September 30, 2019, shall continue according to its terms and conditions as if this section has not expired.

315.

Exclusions from definition of chemical substance under Toxic Substances Control Act

Section 3(2)(B)(v) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)(v)) is amended by striking , and and inserting ‘‘and any component of such an article (including, without limitation, shot, bullets and other projectiles, propellants when manufactured for or used in such an article, and primers), and’’.

316.

Exemption of Department of Defense from alternative fuel procurement requirement

Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is amended by adding at the end the following: This section shall not apply to the Department of Defense..

317.

Clarification of prohibition on disposing of waste in open-air burn pits

For the purposes of Department of Defense Instruction 4715.19, issued as required by section 317 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2701 note) or any successor instruction, the term covered waste specifically includes, in addition to the materials already specified in subparagraphs (A) and (B) of subsection (c)(2) of such section, the following:

(1)

Tires.

(2)

Treated wood.

(3)

Batteries.

(4)

Plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream.

(5)

Munitions and explosives, the destruction of which is covered in Department of Defense Instruction 6055.09-M (Reference (i)).

(6)

Compressed gas cylinders, unless empty with valves removed.

(7)

Fuel containers, unless completely evacuated of its contents.

(8)

Aerosol cans.

(9)

Polychlorinated biphenyls.

(10)

Petroleum, oils, and lubricants products (other than waste fuel for initial combustion).

(11)

Asbestos.

(12)

Mercury.

(13)

Foam tent material.

(14)

Any item containing any of the materials referred to in a preceding paragraph.

318.

Limitation on plan, design, refurbishing, or construction of biofuels refineries

Notwithstanding any other provision of law, the Secretary of Defense may not enter into a contract for the planning, design, refurbishing, or construction of a biofuels refinery any other facility or infrastructure used to refine biofuels unless such planning, design, refurbishing, or construction is specifically authorized by law.

319.

Limitation on procurement of biofuels

(a)

In general

Except as provided in subsection (b), none of the amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be used to purchase or produce biofuels until the earlier of the following dates:

(1)

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

(2)

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.

(b)

Exceptions

The limitation under subsection (a) shall not apply to biofuels purchased—

(1)

in limited quantities necessary to complete test and certification; or

(2)

for the biofuel research and development efforts of the Department.

C

Logistics and Sustainment

321.

Littoral Combat Ship Strategic Sustainment Plan

(a)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees and to the Comptroller General of the United States a strategic sustainment plan for the Littoral Combat Ship. Such plan shall include each of the following:

(1)

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

(2)

An identification of the requirements and planning for the long-term sustainment of the Littoral Combat Ship and its mission modules in accordance with section 2366b of title 10, United States Code, as amended by section 801 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1482).

(3)

A description of the current and future operating environments of the Littoral Combat Ship, as specified or referred to in strategic guidance and planning documents of the Department of Defense.

(4)

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

(5)

Any required updates to host-nation agreements to facilitate the forward-deployed maintenance requirements of the Littoral Combat Ship, including a discussion of overseas management of Ship ordnance and hazardous materials and delivery of equipment and spare parts needed for emergent repair.

(6)

An evaluation of the forward-deployed maintenance requirements of the Littoral Combat Ship and a schedule of pier-side maintenance timelines when forward-deployed, including requirements for multiple ships and variants.

(7)

An assessment of the total quantity of equipment, spare parts, permanently forward-stationed personnel, and size of fly away teams required to support forward-deployed maintenance requirements for the U.S.S. Freedom while in Singapore, and estimates for follow-on deployments of Littoral Combat Ships of both variants.

(8)

A detailed description of the continuity of operations plans for the Littoral Combat Ship Squadron and of any plans to increase the number of Squadron personnel.

(9)

An identification of mission critical single point of failure equipment for which a sufficient number spare parts are necessary to have on hand, and determination of Littoral Combat Ship forward deployed equipment and spare parts locations and levels.

(b)

Form

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

322.

Review of critical manufacturing capabilities within Army arsenals

(a)

Review

The Secretary of Defense, in consultation with the Secretaries of the military departments and the directors of the Defense Agencies, shall conduct a review of the current and expected manufacturing requirements across the Department of Defense to identify critical manufacturing competencies, supplies, components, end items, parts, assemblies, and sub-assemblies for which no or a limited domestic commercial source exists. In conducting the review under this section, the Secretary—

(1)

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

(2)

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.

(b)

Congressional briefing

Not later than 180 days after the date of the enactment of this Act, the Secretary shall brief the congressional defense committees on the results of the review conducted under subsection (a).

323.

Inclusion of Army arsenals capabilities in solicitations

(a)

Determination of use of arsenals

(1)

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.

(2)

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.

(b)

Notification of solicitations

When issuing a solicitation, a Program Executive Officer or Program Manager shall notify each arsenal owned by the United States of any manufacturing requirement that the arsenal has the capability to fulfill and allow the arsenal to submit a proposal in response to the requirement.

D

Reports

331.

Additional reporting requirements relating to personnel and unit readiness

(a)

Assessment of assigned missions and contractor support

Section 482 of title 10, United States Code, is amended—

(1)

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

(2)

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

(g)

Combatant command assigned mission assessments

(1)

Each report shall also include an assessment by each commander of a geographic or functional combatant command of the ability of the command to successfully execute each of the assigned missions of the command. Each such assessment for a combatant command shall also include a list of the mission essential tasks for each assigned mission of the command and an assessment of the ability of the command to successfully complete each task within prescribed timeframes.

(2)

For purposes of this subsection, the term assigned mission means any contingency response program plan, theater campaign plan, or named operation that is approved and assigned by the Joint Chiefs of Staff.

(h)

Risk assessment of dependence on contractor support

Each report shall also include an assessment by the Chairman of the Joint Chiefs of Staff of the level of risk incurred by using contract support in contingency operations as required under Department of Defense Instruction 1100.22, Policies and Procedures for Determining Workforce Mix.

(i)

Combat support agencies assessment

(1)

Each report shall also include an assessment by the Secretary of Defense of the military readiness of the combat support agencies, including, for each such agency—

(A)

a determination with respect to the responsiveness and readiness of the agency to support operating forces in the event of a war or threat to national security, including—

(i)

a list of mission essential tasks and an assessment of the ability of the agency to successfully perform those tasks;

(ii)

an assessment of how the ability of the agency to accomplish the tasks referred to in subparagraph (A) affects the ability of the military departments and the unified and geographic combatant commands to execute operations and contingency plans by number;

(iii)

any readiness deficiencies and actions recommended to address such deficiencies; and

(iv)

key indicators and other relevant information related to any deficiency or other problem identified;

(B)

any recommendations that the Secretary considers appropriate.

(2)

In this subsection, the term combat support agency means any of the following Defense Agencies:

(A)

The Defense Information Systems Agency.

(B)

The Defense Intelligence Agency.

(C)

The Defense Logistics Agency.

(D)

The National Geospatial-Intelligence Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense).

(E)

The Defense Contract Management Agency.

(F)

The Defense Threat Reduction Agency.

(G)

The National Reconnaissance Office.

(H)

The National Security Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense) and Central Security Service.

(I)

Any other Defense Agency designated as a combat support agency by the Secretary of Defense.

.

(b)

Conforming amendment

Such section is further amended in subsection (a), by striking and (f) and inserting (f), (g), (h), and (i).

332.

Repeal of annual Comptroller General report on Army progress

Section 323 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2146; 10 U.S.C. 229 note) is amended—

(1)

by striking subsection (d);

(2)

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

(3)

in subsection (e), as so redesignated, by striking or (d).

333.

Revision to requirement for annual submission of information regarding information technology capital assets

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

E

Limitations and Extensions of Authority

341.

Limitation on reduction of force structure at Lajes Air Force Base, Azores

The Secretary of the Air Force may not reduce the force structure at Lajes Air Force Base, Azores, relative to the force structure at such Air Force Base as of October 1, 2013, until 30 days after the Secretary of Defense concludes the European Infrastructure Consolidation Assessment initiated by the Secretary on January 25, 2013, and briefs the congressional defense committees regarding such Assessment. Such briefing shall include a specific assessment of the efficacy of Lajes Air Force Base, Azores, in supporting the United Stated overseas force posture.

342.

Prohibition on performance of Department of Defense flight demonstration teams outside the United States

(a)

Prohibition

None of the funds authorized to be appropriated or otherwise available to the Secretary of Defense for fiscal year 2014 or 2015 may be used for the performance of flight demonstration teams under the jurisdiction of the Secretary at any location outside the United States.

(b)

United States

In this section, the term United States means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.

F

Other Matters

351.

Requirement to establish policy on joint combat uniforms

(a)

Establishment of policy

It is the policy of the United States that by not later than October 1, 2018, the Secretary of Defense shall require all military services to use a joint combat camouflage uniform, including color and pattern variants designed for specific combat environments.

(b)

Prohibition

Except as provided in subsection (c), each military service shall be prohibited from adopting a new combat camouflage uniform, unless—

(1)

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

(2)

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

(c)

Exceptions

Nothing in subsection (b) shall be construed as—

(1)

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;

(2)

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

(3)

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

(d)

Guidance required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to implement this section. At a minimum, such guidance shall—

(1)

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;

(2)

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

(3)

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.

(e)

Waiver

The Secretary of Defense may waive the prohibition in subsection (b) if the Secretary certifies to Congress that there are exceptional operational circumstances that require the development or fielding of a new combat camouflage uniform.

(f)

Repeal of policy

Section 352 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84, 123 Stat. 2262; 10 U.S.C. 771 note prec.) is hereby repealed.

IV

Military Personnel Authorizations

A

Active Forces

401.

End strengths for active forces

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2014, as follows:

(1)

The Army, 520,000.

(2)

The Navy, 323,600.

(3)

The Marine Corps, 190,200.

(4)

The Air Force, 327,600.

402.

Revision in permanent active duty end strength minimum levels

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

(1)

For the Army, 520,000.

(2)

For the Navy, 323,600.

(3)

For the Marine Corps, 190,200.

(4)

For the Air Force, 327,600.

.

B

Reserve Forces

411.

End strengths for Selected Reserve

(a)

In general

The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2014, as follows:

(1)

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

(2)

The Army Reserve, 205,000.

(3)

The Navy Reserve, 59,100.

(4)

The Marine Corps Reserve, 39,600.

(5)

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

(6)

The Air Force Reserve, 70,400.

(7)

The Coast Guard Reserve, 9,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

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

(c)

End strength increases

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

412.

End strengths for Reserves on active duty in support of the reserves

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2014, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army National Guard of the United States, 32,060.

(2)

The Army Reserve, 16,261.

(3)

The Navy Reserve, 10,159.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 14,734.

(6)

The Air Force Reserve, 2,911.

413.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2014 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army National Guard of the United States, 27,210.

(2)

For the Army Reserve, 8,395.

(3)

For the Air National Guard of the United States, 21,875.

(4)

For the Air Force Reserve, 10,429.

414.

Fiscal year 2014 limitation on number of non-dual status technicians

(a)

Limitations

(1)

National guard

Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2014, may not exceed the following:

(A)

For the Army National Guard of the United States, 1,600.

(B)

For the Air National Guard of the United States, 350.

(2)

Army reserve

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

(3)

Air force reserve

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

(b)

Non-dual status technicians defined

In this section, the term non-dual status technician has the meaning given that term in section 10217(a) of title 10, United States Code.

415.

Maximum number of reserve personnel authorized to be on active duty for operational support

During fiscal year 2014, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1)

The Army National Guard of the United States, 17,000.

(2)

The Army Reserve, 13,000.

(3)

The Navy Reserve, 6,200.

(4)

The Marine Corps Reserve, 3,000.

(5)

The Air National Guard of the United States, 16,000.

(6)

The Air Force Reserve, 14,000.

C

Authorization of Appropriations

421.

Military personnel

(a)

Authorization of appropriations

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

(b)

Construction of authorization

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

V

Military Personnel Policy

A

Officer Personnel Policy Generally

501.

Limitations on number of general and flag officers on active duty

(a)

Per-service limitations; limited joint duty exclusions

Section 526 of title 10, United States Code, as amended by section 502 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1387) and section 501(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1714), is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking 231 and inserting 226

(B)

in paragraph (2), by striking 162 and inserting 157; and

(C)

in paragraph (3), by striking 198 and inserting 193; and

(2)

in subsection (b)—

(A)

in paragraph (1), by striking 310 and inserting 300; and

(B)

in paragraph (2)—

(i)

in subparagraph (A), by striking 85 and inserting 81;

(ii)

in subparagraph (B), by striking 61 and inserting 59;

(iii)

in subparagraph (C), by striking 73 and inserting 70; and

(iv)

in subparagraph (D), by striking 21 and inserting 20.

(b)

Effective date

The amendments made by this section shall take effect on October 1, 2014.

B

Reserve Component Management

511.

Minimum notification requirements for members of reserve components before deployment or cancellation of deployment related to a contingency operation

Section 12301 of title 10, United States Code, is amended—

(1)

in subsection (e), by striking The period and inserting Subject to subsection (i), the period; and

(2)

by adding at the end the following new subsection:

(i)
(1)

The Secretary concerned shall provide not less than 120 days advance notice to a unit of the reserve components that—

(A)

will be ordered to active duty for deployment in connection with a contingency operation; or

(B)

having been notified of such a deployment, has such deployment canceled, postponed, or otherwise altered.

(2)

If a member of the reserve components is not assigned to a unit organized to serve as a unit or is to be ordered to active duty apart from the member’s unit, the required notice under paragraph (1) shall be provided directly to the member.

(3)

If the Secretary concerned fails to provide timely notification as required by paragraph (1) or (2), the Secretary concerned shall submit, within 30 days after the date of the failure, written notification to the Committees on Armed Services of the House of Representatives and the Senate explaining the reason for the failure and the units and members of the reserve components affected.

.

512.

Information to be provided to boards considering officers for selective early removal from reserve active-status list

(a)

Officers to be considered; exclusions

Section 14704(a) of title 10, United States Code, is amended—

(1)

by inserting (1) before Whenever ;

(2)

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

(3)

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

(4)

by adding at the end the following new paragraphs:

(2)

Except as provided in paragraph (3), the list of officers in a reserve component whose names are submitted to a board under paragraph (1) shall include each officer on the reserve active-status list for that reserve component in the same grade and competitive category whose position on the reserve active-status list is between—

(A)

that of the most junior officer in that grade and competitive category whose name is submitted to the board; and

(B)

that of the most senior officer in that grade and competitive category whose name is submitted to the board.

(3)

A list submitted to a board under paragraph (1) may not include an officer who—

(A)

has been approved for voluntary retirement; or

(B)

is to be involuntarily retired under any provision of law during the fiscal year in which the board is convened or during the following fiscal year.

.

(b)

Specification of number of officers who may be recommended for removal

Such section is further amended—

(1)

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

(2)

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

(b)

Specification of number of officers who may be recommended for separation

The Secretary of the military department concerned shall specify the number of officers described in subsection (a)(1) that a board may recommend for separation under subsection (c).

.

513.

Temporary authority to maintain active status and inactive status lists of members in the inactive National Guard

(a)

Authority to maintain active and inactive status lists in the inactive national guard

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(b)

Additional enlisted member transfer authority

In addition to the transfer authority provided by section 303(b) of title 32, United States Code, while an inactive status list for the inactive National Guard exists—

(1)

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

(2)

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.

(c)

Removal of restrictions on transfer of officers

While an inactive status list for the inactive National Guard exists, nothing in chapter 3 of title 32, United States Code, shall be construed to prevent any of the following:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(d)

Status and training categories for members in inactive status

While an inactive status list for the inactive Army National Guard or inactive Air National Guard exists—

(1)

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

(2)

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.

(e)

Eligibility for inactive-duty training pay

While an inactive status list for the inactive National Guard exists, the limitation on pay for inactive-duty training contained in section 206(c) of title 37, United States Code, shall apply only to persons assigned to the inactive status list of the inactive National Guard, rather than to all persons enlisted in the inactive National Guard.

(f)

Conforming amendments

(1)

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..

(2)

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:

(3)

Service in the inactive National Guard (for any period other than a period in which an inactive status list for the inactive National Guard exists) and service while assigned to the inactive status list of the inactive National Guard (for any period in which an inactive status list for the inactive National Guard exists).

.

(g)

Evaluation of use of authority

(1)

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.

(2)

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—

(A)

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;

(B)

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

(C)

the additional cost of filling these positions; and

(D)

the impact on drill and annual training participation rates.

(3)

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—

(A)

how long it took them to complete the Integrated Disability Evaluation System (IDES) process; and

(B)

how satisfied they were with their unit’s management and collaboration during the IDES process.

(4)

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.

(h)

Duration of authority

The authority provided by subsection (a) for the maintenance of both an active status list and inactive status list of members in the inactive National Guard exists only during the period beginning on October 1, 2013, and ending on December 31, 2018.

514.

Review of requirements and authorizations for reserve component general and flag officers in an active status

(a)

Review required

The Secretary of Defense shall conduct a review of the general officer and flag officer requirements for members of the reserve component in an active status.

(b)

Purpose of review

The purpose of the review is to ensure that the authorized strengths provided in section 12004 of title 10, United States Code, for reserve general officers and reserve flag officers in an active status—

(1)

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

(2)

provide a qualified, sufficient pool from which reserve component general and flag officers can continue to be assigned on active duty in joint duty and in-service military positions;

(3)

reflect a review of the appropriateness and number of exemptions provided by subsections (b), (c), and (d) of section 12004 of title 10, United States Code;

(4)

reflect the efficiencies that can be achieved through downgrading or elimination of reserve component general or flag officer positions, including through the conversion of certain reserve component general or flag officer positions to senior civilian positions; and

(5)

are subjected to periodic review, control, and adjustment.

(c)

Report

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

515.

Feasability study on establishing a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands

(a)

Study required

The Secretary of Defense shall conduct a study to determine the feasibility of establishing—

(1)

a unit of the National Guard in American Samoa; and

(2)

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

(b)

Force structure elements of study

In conducting the study required under subsection (a), the Secretary of Defense shall consider the following:

(1)

The allocation of National Guard force structure and manpower to American Samoa and the Commonwealth of the Northern Mariana Islands in the event of the establishment of a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands, and the impact of this allocation on existing National Guard units in the 50 states, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and the District of Columbia.

(2)

The Federal funding that would be required to support pay, benefits, training operations, and missions of members of a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, based on the allocation derived from paragraph (1), and the equipment, including maintenance, required to support such force structure.

(3)

The presence of existing infrastructure to support a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, and the requirement for additional infrastructure, including information technology infrastructure, to support such force structure, based on the allocation derived from paragraph (1).

(4)

How a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Island would accommodate the National Guard Bureau’s Essential Ten homeland defense capabilities (i.e., aviation, engineering, civil support teams, security, medical, transportation, maintenance, logistics, joint force headquarters, and communications) and reflect regional needs.

(5)

The manpower cadre, both military personnel and full-time support, including National Guard technicians, required to establish, maintain, and sustain a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, and the ability of American Samoa and of the Commonwealth of the Northern Mariana Islands to support demographically a unit of the National Guard at each location.

(6)

The ability of a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands to maintain unit readiness and the logistical challenges associated with transportation, communications, supply/resupply, and training operations and missions.

(c)

Submission of results

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under subsection (a). The report shall also include the following:

(1)

A determination of whether the executive branch of American Samoa and of the Commonwealth of the Northern Mariana Islands has enacted and implemented statutory authorization for an organized militia as a prerequisite for establishing a unit of the National Guard, and a description of any other steps that such executive branches must take to request and carry out the establishment of a National Guard unit.

(2)

A list of any amendments to titles 10, 32, and 37, United States Code, that would have to be enacted by Congress to provide for the establishment of a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.

(3)

A description of any required Department of Defense actions to establish a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.

(4)

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

C

General Service Authorities

521.

Review of Integrated Disability Evaluation System

(a)

Review

The Secretary of Defense shall conduct a review of—

(1)

the backlog of pending cases in the Integrated Disability Evaluation System with respect to members of the reserve components of the Armed Forces for the purpose of addressing the matters specified in paragraph (1) of subsection (b); and

(2)

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

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the review under subsection (a). Such report shall include the following:

(1)

With respect to the reserve components of the Armed Forces—

(A)

the number of pending cases that exist as of the date of the report, listed by military department, component, and, with respect to the National Guard, State;

(B)

as of the date of the report, the average time it takes to process a case in the Integrated Disability Evaluation System;

(C)

a description of the steps the Secretary will take to resolve the backlog of cases in the Integrated Disability Evaluation System; and

(D)

the date by which the Secretary plans to resolve such backlog for each military department.

(2)

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

(A)

a description of the progress being made to transition the Integrated Disability Evaluation System to an integrated and readily accessible electronic format that a member of the Armed Forces may access and see the status of the member during each phase of the system;

(B)

an estimate of the cost to complete the transition to an integrated and readily accessible electronic format; and

(C)

an assessment of the feasibility of improving in-transit visibility of pending cases, including by establishing a method of tracking a pending case when a military treatment facility is assigned a packet and pending case for action regarding a member.

(c)

Pending case defined

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

522.

Compliance requirements for organizational climate assessments

(a)

Verification and tracking requirements

The Secretary of Defense shall direct the Secretaries of the military departments to verify and track the compliance of commanding officers in conducting organizational climate assessments required as part of the comprehensive policy for the Department of Defense sexual assault prevention and response program pursuant to section 572(a)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1753).

(b)

Implementation

No later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing—

(1)

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

(2)

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

523.

Command responsibility and accountability for remains of members of the Army, Navy, Air Force, and Marine Corps who die outside the United States

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall take such steps as may be necessary to ensure that there is continuous, designated military command responsibility and accountability for the care, handling, and transportation of the remains of each deceased member of the Army, Navy, Air Force, or Marine Corps who died outside the United States, beginning with the initial recovery of the remains, through the defense mortuary system, until the interment of the remains or the remains are otherwise accepted by the person designated as provided by section 1482(c) of title 10, United States Code, to direct disposition of the remains.

524.

Contents of Transition Assistance Program

(a)

In general

Section 1144 of title 10, United States Code, is amended—

(1)

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

(9)

Provide information about disability-related employment and education protections.

.

(2)

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

(3)

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

(c)

Additional elements of program

The mandatory program carried out by this section shall include—

(1)

for any such member who plans to use the member’s entitlement to educational assistance under title 38—

(A)

instruction providing an overview of the use of such entitlement; and

(B)

courses of post-secondary education appropriate for the member, courses of post-secondary education compatible with the member’s education goals, and instruction on how to finance the member’s post-secondary education; and

(2)

instruction in the benefits under laws administered by the Secretary of Veterans Affairs and in other subjects determined by the Secretary concerned.

.

(b)

Deadline for implementation

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

(c)

Feasibility study

Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate and the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives the results of a study carried out by the Secretary to determine the feasibility of providing the instruction described in subsection (b) of section 1142 of title 10, United States Code, at all overseas locations where such instruction is provided by entering into a contract jointly with the Secretary of Labor for the provision of such instruction.

525.

Procedures for judicial review of military personnel decisions relating to correction of military records

(a)

Availability of Judicial review; limitations

(1)

In general

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

1560.

Judicial review of decisions relating to correction of military records

(a)

Availability of judicial review

(1)

In general

Pursuant to sections 1346 and 1491 of title 28 and chapter 7 of title 5 any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter.

(2)

Records correction final decision defined

In this section, the term records correction final decision means any of the following decisions:

(A)

A final decision issued by the Secretary concerned pursuant to section 1552 of this title.

(B)

A final decision issued by the Secretary concerned pursuant to section 1034(f) of this title.

(C)

A final decision issued by the Secretary of Defense pursuant to section 1034(g) of this title.

(b)

Exhaustion of administrative remedies

(1)

General rule

Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless—

(A)

the petitioner has requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title); and

(B)

the Secretary concerned has rendered a final decision denying that correction in whole or in part.

(2)

Whistleblower cases

When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner does seek such review, judicial review may not be sought until the earlier of the following occurs:

(A)

The Secretary of Defense makes a decision in the matter.

(B)

The period specified in section 1034(g) of this title for the Secretary to make a decision in the matter expires.

(3)

Class actions

If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified.

(4)

Timeliness

Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction.

(c)

Statutes of limitation

(1)

Six years from final decision

A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision.

(2)

Six years for certain claims that may result in payment of money

(A)

In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such six-year period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision.

(B)

Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money, other than payments made under chapter 73 of this title, either under a court order or under a subsequent administrative determination.

(d)

Habeas corpus

This section does not affect any cause of action arising under chapter 153 of title 28.

.

(2)

Clerical amendment

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

1560. Judicial review of decisions.

.

(b)

Effect of denial of request for correction of records when prohibited personnel action alleged

(1)

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:

(7)

In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member—

(A)

a concise written statement of the basis for the decision; and

(B)

a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.

.

(2)

Secretary of defense review; notice of denial

Subsection (g) of such section is amended—

(A)

by inserting (1) before Upon the completion of all; and

(B)

by adding at the end the following new paragraph:

(2)

The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member—

(A)

a concise written statement of the basis for the decision; and

(B)

a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.

.

(3)

Sole basis for judicial review

Such section is further amended—

(A)

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

(B)

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

(h)

Judicial review

(1)

A decision of the Secretary of Defense under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.

(2)

In a case in which review by the Secretary of Defense under subsection (g) was not sought, a decision of the Secretary of a military department under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.

(3)

A decision by the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.

.

(c)

Effect of denial of other requests for correction of military records

Section 1552 of such title is amended by adding at the end the following new subsections:

(h)

In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant—

(1)

a concise written statement of the basis for the decision; and

(2)

a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.

(i)

A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.

.

(d)

Effective date and application

(1)

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.

(2)

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).

(e)

Implementation

The Secretary of a military department and the Secretary of Homeland Security (in the case of the Coast Guard when it is not operating as a service in the Department of the Navy) may prescribe regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. Regulations or interim guidance prescribed by the Secretary of a military department may not take effect until approved by the Secretary of Defense.

526.

Establishment and use of consistent definition of gender-neutral occupational standard for military career designators

(a)

Establishment of definitions

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

(d)

Definitions

In this section:

(1)

Gender-neutral occupational standard

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

(2)

Military career designator

The term military career designator refers to—

(A)

in the case of enlisted members and warrant officers of the Armed Forces, military occupational specialties, specialty codes, enlisted designators, enlisted classification codes, additional skill identifiers, and special qualification identifiers; and

(B)

in the case of commissioned officers (other than commissioned warrant officers), officer areas of concentration, occupational specialties, specialty codes, additional skill identifiers, and special qualification identifiers.

.

(b)

Use of definitions

Such section is further amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by striking military occupational career field and inserting military career designator; and

(B)

in paragraph (1), by striking common, relevant performance standards and inserting an occupational standard;

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

by striking any military occupational specialty and inserting any military career designator; and

(ii)

by striking requirements for members in that specialty and shall ensure (in the case of an occupational specialty and inserting requirements as part of the gender-neutral occupational standard for members in that career designator and shall ensure (in the case of a career designator; and

(B)

in paragraph (2)—

(i)

by striking an occupational specialty and inserting a military career designator;

(ii)

by striking that occupational specialty and inserting that military career designator; and

(iii)

by striking that specialty and inserting that military career designator; and

(3)

in subsection (c)—

(A)

by striking the occupational standards for a military occupational field and inserting the gender-neutral occupational standard for a military career designator; and

(B)

by striking that occupational field and inserting that military career designator.

527.

Expansion and enhancement of authorities relating to protected communications of members of the Armed Forces and prohibited retaliatory actions

(a)

Expansion of prohibited retaliatory personnel actions

Subsection (b) of section 1034 of title 10, United States Code, is amended—

(1)

in paragraph (1)(B)—

(A)

by striking or at the end of clause (iv);

(B)

by redesignating clause (v) as clause (vi); and

(C)

by inserting after clause (iv) the following new clause (v):

(v)

a court-martial proceeding; or

; and

(2)

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

(b)

Inspector General investigations of allegations

Subsection (c) of such section is amended—

(1)

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

(2)

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

(A)

Any violation of any law, rule, or regulation, including a law or regulation prohibiting rape, sexual assault, or other sexual misconduct in sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment or unlawful discrimination.

;

(3)

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

(4)

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

(3)

A communication described in paragraph (2) shall not be excluded from the protections provided in this section because—

(A)

the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2);

(B)

the communication revealed information that had previously been communicated;

(C)

of the member’s motive for making the communication;

(D)

the communication was not made in writing;

(E)

the communication was made while the member was off duty;

(F)

the communication was made during the normal course of duties of the member.

;

(5)

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;

(6)

in paragraph (5), as so redesignated—

(A)

by striking paragraph (3)(A) and inserting paragraph (4)(A);

(B)

by striking paragraph (3)(D) and inserting paragraph (4)(D); and

(C)

by striking 60 days and inserting one year.

(c)

Inspector General investigations of underlying allegations

Subsection (d) of such section is amended by striking subparagraph (A) or (B) of subsection (c)(2) and inserting subparagraph (A), (B), or (C) of subsection (c)(2).

(d)

Reports on investigations

Subsection (e) of such section is amended—

(1)

in paragraph (1)—

(A)

by striking subsection (c)(3)(E) both places it appears and inserting subsection (c)(4)(E);

(B)

by striking the Secretary of Defense and inserting the Secretary of the military department concerned;

(C)

by striking to the Secretary, and inserting to such Secretary,;

(2)

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

(3)

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..

(e)

Action in case of violations

Section 1034 of title 10, United States Code, is further amended—

(1)

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

(2)

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

(i)

Action in case of violations

(1)

If an Inspector General reports under subsection (e) that a personnel action prohibited by subsection (b) has occurred, not later than 30 days after receiving such report from the Inspector General, the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, shall order such action as is necessary to correct the record of a personnel action prohibited by subsection (b), taking into account the recommendations in the report by the Inspector General. Such Secretary shall take any appropriate disciplinary action against the individual who committed such prohibited personnel action.

(2)

If the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, determines that an order for corrective or disciplinary action is not appropriate, not later than 30 days after making the determination, such Secretary shall—

(A)

provide to the Secretary of Defense, the Committees on Armed Services of the Senate and the House of Representatives, and the member or former member, a notice of the determination and the reasons for not taking action; and

(B)

refer the report to the appropriate board for the correction of military records for further review under subsection (g).

.

(f)

Correction of records

Subsection (f) of such section is amended—

(1)

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

(2)

in paragraph (3)—

(A)

in the matter preceding subparagraph (A), by striking board elects to hold and inserting board holds; and

(B)

in subparagraph (A)—

(i)

by striking may be provided and inserting shall be provided; and

(ii)

in clause (ii), by striking the case is unusually complex or otherwise requires and inserting the member or former member would benefit from.

(g)

Burdens of proof

Such section is further amended by inserting after subsection (i), as added by subsection (e) of this section, the following new subsection:

(j)

Burdens of proof

The burdens of proof specified in section 1221(e) of title 5 shall apply in any investigation conducted by an Inspector General, and any review conducted by the Secretary of Defense, the Secretary of Homeland Security, and any board for the correction of military records, under this section.

.

(h)

Effective date

The amendments made by this section shall take effect on the date that is 30 days after the date of the enactment of this Act, and shall apply with respect to allegations pending or submitted under section 1034 of title 10, United States Code, on or after that date.

528.

Applicability of medical examination requirement regarding post-traumatic stress disorder or traumatic brain injury to proceedings under the Uniform Code of Military Justice

Section 1177 of title 10, United States Code, is amended by striking subsection (c).

529.

Protection of the religious freedom of military chaplains to close a prayer outside of a religious service according to the traditions, expressions, and religious exercises of the endorsing faith group

(a)

United states army

Section 3547 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.

.

(b)

United states military academy

Section 4337 of such title is amended—

(1)

by inserting (a) before There; and

(2)

by adding at the end the following new subsection:

(b)

If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.

.

(c)

United states navy and marine corps

Section 6031 of such title is amended by adding at the end the following new subsection:

(d)

If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.

.

(d)

United states air force

Section 8547 of such title is amended by adding at the end the following new subsection:

(c)

If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.

.

(e)

United states air force academy

Section 9337 of such title is amended—

(1)

by inserting (a) before There; and

(2)

by adding at the end the following new subsection:

(b)

If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.

.

530.

Expansion and implementation of protection of rights of conscience of members of the Armed Forces and chaplains of such members

(a)

Accommodation of members’ beliefs, actions, and speech

Subsection (a)(1) of section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1727; 10 U.S.C. prec. 1030 note) is amended—

(1)

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

(2)

by inserting , actions, or speech after such beliefs.

(b)

Narrow exception

Subsection (a)(2) of such section is amended by striking that threaten and inserting that actually harm.

(c)

Deadline for regulations; consultation

The implementation regulations required by subsection (c) of such section shall be issued not later than 120 days after the date of the enactment of this Act. In preparing such regulations, the Secretary of Defense shall consult with the official military faith-group representatives who endorse military chaplains.

530A.

Servicemembers’ Accountability, Rights, and Responsibilities Training

(a)

Responsibilities of Secretary of Defense

(1)

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).

(2)

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:

(A)

Recruitment.

(B)

Enlistment and reenlistment.

(C)

Commissioning.

(D)

Promotion in rank.

(E)

Selection for command.

(b)

Member rights

Each member of the Armed Forces has the following rights:

(1)

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

(2)

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.

(3)

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.

(4)

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

(5)

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

(c)

Member responsibilities

Each member of the Armed Forces has the following responsibilities:

(1)

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

(2)

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

(3)

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

530B.

Inspector General of the Department of Defense review of separation of members of the Armed Forces who made unrestricted reports of sexual assault

(a)

Review required

The Inspector General of the Department of Defense shall conduct a review—

(1)

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;

(2)

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

(A)

whether the separation was in retaliation for or influenced by the identified member making an unrestricted report of sexual assault; and

(B)

whether the identified member requested an appeal; and

(3)

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.

(b)

Submission of results and recommendations

Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives the results of the review conducted under subsection (a), including such recommendations as the Inspector General of the Department of Defense considers necessary.

530C.

Report on data and information collected in connection with Department of Defense review of laws, policies, and regulations restricting service of female members of the Armed Forces

(a)

Report required

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the specific results and data produced during the research programs, tests, surveys, consultant reports, assessments, and similar projects conducted to comply with the requirement of section 535 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4217) to review laws, policies, and regulations that may restrict the service of female members of the Armed Forces.

(b)

Public availability

Subject to subsection (c), the Secretary of Defense shall make the report required by subsection (a) publically available.

(c)

Rule of construction

Nothing in this section shall be construed as a request or authority for the Secretary of Defense to provide in the report required by subsection (a) any personal information that would identify, or violate the privacy of, members of the Armed Forces, including members who participated in the research programs, tests, surveys, reports, assessments, and similar projects conducted regarding the possible future assignments of female members of the Armed Forces.

530D.

Sense of Congress regarding the Women in Service Implementation Plan

(a)

Findings

Congress makes the following findings:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(b)

Sense of congress

It is the sense of Congress that the Secretaries of the military departments—

(1)

no later than September 2015, should develop, review, and validate individual occupational standards, using validated gender-neutral occupational standards, so as to assess and assign members of the Armed Forces to units, including Special Operations Forces; and

(2)

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

D

Military Justice, Including Sexual Assault Prevention and Response

531.

Limitations on convening authority discretion regarding court-martial findings and sentence

(a)

Elimination of unlimited command prerogative and discretion

Paragraph (1) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended by striking the first sentence.

(b)

Limitations on discretion regarding court-martial findings

Paragraph (3) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended to read as follows:

(3)
(A)

Action on the findings of a court-martial by the convening authority or by another person authorized to act under this section is not required.

(B)

If the convening authority or another person authorized to act under this section acts on the findings of a court-martial, the convening authority or other person may not—

(i)

dismiss any charge or specification, other than a charge or specification for a qualifying offense, by setting aside a finding of guilty thereto; or

(ii)

change a finding of guilty to a charge or specification, other than a charge or specification for a qualifying offense, to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

(C)

If the convening authority or another person authorized to act under this section acts on the findings to dismiss or change any charge or specification for a qualifying offense, the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of the trial and action thereon.

(D)
(i)

In this paragraph, the term qualifying offense means, except in the case of an offense specified in clause (ii), an offense under this chapter for which—

(I)

the maximum sentence of confinement that may be adjudged does not exceed two years; and

(II)

the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months.

(ii)

Such term does not include the following:

(I)

An offense under section 920 of this title (article 120).

(II)

An offense under section 928 of this title (article 128), if such offense consisted of assault consummated by battery upon child under 16 years of age.

(III)

An offense under section 934 of this title (article 134), if such offense consisted of indecent language communicated to child under the age of 16 years.

(IV)

Such other offenses as the Secretary of Defense may exclude by regulation.

.

(c)

Limitations on discretion to modify an adjudged sentence

Section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended—

(1)

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

(B)

Except as provided in paragraph (4), the convening authority

; and

(2)

by adding at the end the following new paragraph:

(4)
(A)

Except as provided in subparagraphs (B) and (C), the convening authority or another person authorized to act under this section may not modify an adjudged sentence of confinement or a punitive discharge or disapprove, commute, or suspend an adjudged sentence of confinement or a punitive discharge in whole or in part.

(B)
(i)

Upon the recommendation of the trial counsel, the convening authority or another person authorized to act under this section shall have the authority to impose a sentence below a level established by statute as a minimum sentence, to impose a sentence of confinement below the adjudged confinement sentence, or to disapprove, commute, or suspend the adjudged sentence in whole or in part in recognition of the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense.

(ii)

If a mandatory minimum sentence exists for a charge, the convening authority or another person authorized to act under this section may not modify an adjudged sentence to reduce the sentence to less than the mandatory minimum sentence or disapprove, commute, or suspend the adjudged mandatory minimum sentence in whole or in part. This limitation does not restrict the discretion of the convening authority or another person authorized to act under this section to modify, disapprove, commute, or suspend any portion of the adjudged sentence that is in addition to the mandatory minimum sentence.

(C)

In addition, if a mandatory minimum sentence does not exist for a charge and a pre-trial agreement has been entered into by the convening authority and the accused, as authorized by Rule for Court-Martial 705, the convening authority or another person authorized to act under this section may take action to reduce, dismiss, or suspend an adjudged sentence of confinement in whole or in part pursuant to the terms of the pre-trial agreement.

.

(d)

Explanation for any decision disapproving, commuting, or suspending court-martial sentence

Section 860(c)(2) of title 10, United States Code (article 60(c)(2) of the Uniform Code of Military Justice), as amended by subsection (c)(1), is further amended—

(1)

by inserting (A) after (2); and

(2)

by adding at the end the following new subparagraph:

(C)

If the convening authority or another person authorized to act under this section acts to disapprove, commute, or suspend the sentence in whole or in part, the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of the trial and action thereon.

.

(e)

Conforming amendment to other authority for convening authority to suspend sentence

Section 871(d) of such title (article 71(d) of the Uniform Code of Military Justice) is amended by adding at the end the following new sentence: Paragraphs (2) and (4) of subsection (c) of section 860 of this title (article 60) shall apply to any decision by the convening authority or such person to suspend the execution of any sentence or part thereof under this subsection..

(f)

Effective date

The amendments made by this section shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to findings and sentences of courts-martial reported to convening authorities under section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by this section, on or after that effective date.

532.

Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes

(a)

Inclusion of additional offenses

Section 843(a) of title 10, United States Code (article 43(a) of the Uniform Code of Military Justice) is amended by striking rape, or rape of a child and inserting rape or sexual assault, or rape or sexual assault of a child.

(b)

Conforming amendment

Section 843(b)(2)(B)(i) of title 10, United States Code (article 43(b)(2)(B)(i) of the Uniform Code of Military Justice) is amended by inserting before the period at the end the following: , unless the offense is covered by subsection (a).

(c)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to an offense covered by section 920(b) or 920b(b) of title 10, United States Code (article 120(b) or 120b(b) of the Uniform Code of Military Justice) that is committed on or after that date.

533.

Discharge or dismissal for certain sex-related offenses and trial of offenses by general courts-martial

(a)

Mandatory discharge or dismissal required

(1)

Imposition

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

(A)

by inserting (a) before The punishment; and

(B)

by adding at the end the following new subsection:

(b)
(1)

While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge.

(2)

Paragraph (1) applies to the following offenses:

(A)

An offense in violation of subsection (a) or (b) of section 920 (article 120(a) or (b)).

(B)

Forcible sodomy under section 925 of this title (article 125).

(C)

An attempt to commit an offense specified in subparagraph (A) or (B) that is punishable under section 880 of this title (article 80).

.

(2)

Clerical amendments

(A)

Section heading

The heading of such section is amended to read as follows:

856. Art. 56.

Maximum and minimum limits

.

(B)

Table of sections

The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by striking the item relating to section 856 and inserting the following new item:

856. Art 56. Maximum and minimum limits.

.

(b)

Jurisdiction limited to general courts-martial

Section 818 of title 10, United States Code (article 18 of the Uniform Code of Military Justice) is amended—

(1)

by inserting (a) before the first sentence;

(2)

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

(b)

A general court-martial

; and

(3)

by adding at the end the following new subsection:

(c)

Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).

.

(c)

Additional duties for independent panels

(1)

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.

(2)

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.

(d)

Effective date

The amendments made by this section shall take effect 180 days after the date of the enactment of this Act, and apply to offenses specified in section 856(b)(2) of title 10, United States Code (article 56(b)(2) of the Uniform Code of Military Justice), as added by subsection (a)(1), committed after that date.

534.

Regulations regarding consideration of application for permanent change of station or unit transfer by victims of sexual assault

Section 673(b) of title 10, United States Code, is amended by striking The Secretaries of the military departments and inserting The Secretary concerned.

535.

Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense

(a)

In general

Chapter 39 of title 10, United States Code, is amended by inserting after section 673 the following new section:

674.

Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense

(a)

Guidance for timely consideration and action

The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed a sexual assault or other sex-related offense covered by section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit.

(b)

Time for determinations

A determination described in subsection (a) may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 673 the following new item:

674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense.

.

(c)

Additional training requirement for commanders

The Secretary of Defense shall provide for inclusion of information and discussion regarding the availability and use of the authority provided by section 674 of title 10, United States Code, as added by subsection (a), as part of the training for new and prospective commanders at all levels of command required by section 585(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note).

536.

Victims’ Counsel for victims of sex-related offenses and related provisions

(a)

Designation and duties

(1)

In general

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

1044e.

Victims' Counsel for victims of sex-related offenses

(a)

Designation; purposes

The Secretary concerned shall designate legal counsel (to be known as Victims’ Counsel) for the purpose of providing legal assistance to an individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.

(b)

Types of legal assistance authorized

The types of legal assistance authorized by subsection (a) include the following:

(1)

Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services.

(2)

Legal consultation regarding the Victim Witness Assistance Program, including—

(A)

the rights and benefits afforded the victim;

(B)

the role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison; and

(C)

the nature of communication made to the liaison in comparison to communication made to a Victims’ Counsel or a legal assistance attorney under section 1044 of this title.

(3)

Legal consultation regarding the responsibilities and support provided to the victim by the Sexual Assault Response Coordinator, a unit or installation Sexual Assault Victim Advocate or domestic abuse advocate, to include any privileges that may exist regarding communications between those persons and the victim.

(4)

Legal consultation regarding the potential for civil litigation against other parties (other than the Department of Defense).

(5)

Legal consultation regarding the military justice system, including—

(A)

the roles and responsibilities of the trial counsel, the defense counsel, and investigators;

(B)

any proceedings of the military justice process in which the victim may observe or participate as a witness or other party;

(C)

the Government’s authority to compel cooperation and testimony; and

(D)

the victim’s responsibility to testify, and other duties to the court.

(6)

Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense.

(7)

Legal consultation regarding—

(A)

services available from appropriate agencies or offices for emotional and mental health counseling and other medical services;

(B)

eligibility for and requirements for obtaining any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of this title and other State and Federal victims’ compensation programs; and

(C)

the availability of, and any protections offered by, civilian and military restraining orders.

(8)

Legal consultation and assistance in personal civil legal matters in accordance with section 1044 of this title.

(9)

Such other legal assistance as the Secretary of Defense (or, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) may authorize in the regulations prescribed under subsection (g).

(c)

Qualifications

An individual may not be designated as a Victims’ Counsel under this section unless the individual—

(1)

meets the qualifications specified in section 1044(d)(2) of this title; ; and

(2)

is certified as competent to be designated as a Victims’ Counsel by the Judge Advocate General of the Armed Force in which the judge advocate is a member or by which the civilian attorney is employed.

(d)

Administrative responsibility

(1)

Consistent with the regulations prescribed under subsection (g), the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Victims’ Counsel.

(2)

The Secretary of Defense (and, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) shall conduct a periodic evaluation of the Victims’ Counsel programs operated under this section.

(e)

Availability of victims’ counsel

(1)

An individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense shall be offered the option of receiving assistance from a Victims’ Counsel upon report of an alleged sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.

(2)

The assistance of a Victims’ Counsel under this subsection shall be available to an individual eligible for military legal assistance under section 1044 of this title regardless of whether the individual elects unrestricted or restricted reporting of the alleged sex-related offense. The individual shall also be informed that the assistance of a Victims’ Counsel may be declined, in whole or in part, but that declining such assistance does not preclude the individual from subsequently requesting the assistance of a Victims’ Counsel.

(f)

Alleged sex-related offense defined

In this section, the term alleged sex-related offense means any allegation of—

(1)

a violation of section 920, 920a, 920b, 920c, or 925 of ths title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or

(2)

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

(g)

Regulations

The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.

.

(2)

Clerical amendment

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

1044e. Victims' Counsel for victims of sex-related offenses.

.

(3)

Conforming amendments

(A)

Qualifications of persons providing legal assistance

Section 1044(d)(2) of such title is amended by inserting before the period at the end the following: and, for purposes of service as a Victims’ Counsel under section 1044e of this title, meets the additional qualifications specified in subsection (c)(2) of such section..

(B)

Inclusion in definition of military legal assistance

Section 1044(d)(3)(B) of such title is amended by striking and 1044d and inserting 1044d, 1044e, and 1565b(a)(1)(A).

(C)

Access to legal assistance and services

Section 1565b(a)(1)(A) of such title is amended by striking section 1044 and inserting sections 1044 and 1044e.

(4)

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.

(b)

Enhanced Training Requirement

The Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall implement, consistent with the guidelines provided under section 1044e of title 10, United States Code, as added by subsection (a), in-depth and advanced training for all military and civilian attorneys providing legal assistance under section 1044 or 1044e of such to support victims of alleged sex-related offenses.

(c)

Secretary of Defense implementation report

(1)

Report required

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services and Transportation and Infrastructure of the House of Representatives a report describing how the Armed Forces will implement the requirements of section 1044e of title 10, United States Code, as added by subsection (a).

(2)

Additional submission requirement

The report required by paragraph (1) shall also be submitted to the independent review panel established by the Secretary of Defense under section 576(a)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) and to the Joint Services Committee on Military Justice.

(c)

Additional duties for independent panels

(1)

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.

(2)

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.

537.

Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault

Section 1034(c)(2)(A) of title 10, United States Code, is amended by striking sexual harassment or and inserting rape, sexual assault, or other sexual misconduct in violation of sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment, or.

538.

Secretary of Defense report on role of commanders in military justice process

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing—

(1)

an assessment of the current role and authorities of commanders in the administration of military justice and the investigation, prosecution, and adjudication of offenses under the Uniform Code of Military Justice; and

(2)

a recommendation by the Secretary of Defense regarding whether the role and authorities of commanders should be further modified or repealed.

539.

Review and policy regarding Department of Defense investigative practices in response to allegations of sex-related offenses

(a)

Review

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the practices of the military criminal investigative organizations (Army Criminal Investigation Command, Naval Criminal Investigative Service, and Air Force Office of Special Investigation) regarding the investigation of alleged sex-related offenses involving members of the Armed Forces, including the extent to which the military criminal investigative organizations make a recommendation regarding whether an allegation of a sex-related offense appears founded or unfounded.

(b)

Policy

After conducting the review required by subsection (a), the Secretary of Defense shall develop a uniform policy for the Armed Forces, to the extent practicable, regarding the use of case determinations to record the results of the investigation of a sex-related offense. In developing the policy, the Secretary shall consider the feasibility of adopting case determination methods, such as the uniform crime report, used by nonmilitary law enforcement agencies.

(c)

Sex-related offense defined

In this section, the term sex-related offense includes—

(1)

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

(2)

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).

540.

Uniform training and education programs for sexual assault prevention and response program

Section 585(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1434; 10 U.S.C. 1561 note) is amended—

(1)

in paragraph (1)—

(A)

in the first sentence, by striking Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall develop a curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces under the jurisdiction of the Secretary and civilian employees of the military department and inserting Not later than June 30, 2014, the Secretary of Defense shall develop a uniform curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces and civilian employees of the Department of Defense; and

(B)

in the second sentence, by inserting including lesson plans to achieve core competencies and learning objectives, after curriculum,; and

(2)

in paragraph (3)—

(A)

by striking Consistent training.—The Secretary of Defense shall ensure and inserting Uniform training.—The Secretary of Defense shall require; and

(B)

by striking consistent and inserting uniform.

541.

Development of selection criteria for assignment as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent

(a)

Qualifications for assignment

Section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note; 124 Stat. 4431) is amended—

(1)

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

(2)

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

(A)

the qualifications necessary for a member of the Armed Forces or a civilian employee of the Department of Defense to be selected for assignment to duty as a Sexual Assault Response and Prevention Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis;

(B)

consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note; 125 Stat. 1433), the training, certification, and status of members of the Armed Forces and civilian employees of the department assigned to duty as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and

.

(b)

Assignment of Sexual Assault Nurse Examiners-Adult/Adolescent to Certain Military Units

(1)

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—

(A)

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

(B)

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

(c)

Sexual Assault Nurse Examiners-Adult/Adolescent

(1)

Assignment requirements

The Secretary of each military department shall assign at least one Sexual Assault Nurse Examiner-Adult/Adolescent to each brigade or equivalent unit level of each armed force under the jurisdiction of that Secretary unless assignment to other units is determined to be more practicable and effective by the Secretary of Defense. The Secretary of the military department concerned may assign additional Sexual Assault Nurse Examiners-Adult/Adolescent as necessary based on the demographics or needs of a military unit. The Secretary of the military department concerned may waive the assignment requirement for a specific unit level if that Secretary determines that compliance will impose an undue burden, except that the Secretary shall notify Congress of each waiver and explain how compliance would impose an undue burden.

(2)

Eligible persons

On and after October 1, 2015, only members of the armed forces and civilian employees of the Department of Defense may be assigned to duty as a Sexual Assault Nurse Examiner-Adult/Adolescent. The Secretary of the military department concerned may satisfy paragraph (1) through the assignment of additional personnel to a unit or by assigning the duties of a Sexual Assault Nurse Examiner-Adult/Adolescent to current personnel of the unit, so long as such personnel meet the training and certification requirements of subsection (d).

.

(2)

Training and certification

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

(A)

in paragraph (1), by striking assigned under subsection (a) and Sexual Assault Victim Advocates assigned under subsection (b) and inserting , Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent assigned under this section;

(B)

in paragraph (2), by adding at the end the following new sentence: In the case of the curriculum and other components of the program for certification of Sexual Assault Nurse Examiners-Adult/Adolescent, the Secretary of Defense shall utilize the most recent guidelines and standards as outlined by the Department of Justice, Office on Violence Against Women, in the National Training Standards for Sexual Assault Medical Forensic Examiners.; and

(C)

in paragraph (3), by adding at the end the following new sentence: On and after October 1, 2015, before a member or civilian employee may be assigned to duty as a Sexual Assault Nurse Examiner-Adult/Adolescent under subsection (c), the member or employee must have completed the training program required by paragraph (1) and obtained the certification..

(c)

Conforming amendments

Section 584 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note; 125 Stat. 1432) is amended—

(1)

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

(2)

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.

(d)

Clerical amendment

The heading of section 584 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note) is amended to read as follows:

584.

Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent

.

542.

Extension of crime victims’ rights to victims of offenses under the Uniform Code of Military Justice

(a)

Victims' rights

(1)

In general

Subchapter I of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section (article):

806b. Art. 6b.

Rights of victims of offenses under this chapter

(a)

Rights of a victim of a military crime

A victim of a military crime has the following rights:

(1)

The right to be reasonably protected from the accused.

(2)

The right to reasonable, accurate, and timely notice of any public proceeding in an investigation under section 832 of this title (article 32), court-martial, involuntary plea hearing, pre-sentencing hearing, or parole hearing involving the offense or of any release or escape of the accused.

(3)

The right not to be excluded from any such public proceeding, referred to in paragraph (2) unless the military judge, after receiving clear and convincing evidence, determines that testimony by the victim of a military crime would be materially altered if the victim of a military crime heard other testimony at that proceeding.

(4)

The reasonable right to confer with the trial counsel in the case.

(5)

The right to full and timely restitution as provided in law.

(6)

The right to proceedings free from unreasonable delay.

(7)

The right to be treated with fairness and with respect for the dignity and privacy of the victim of a military crime.

(b)

Duty of military judge

In any court-martial proceeding involving an offense against a victim of a military crime, the military judge shall ensure that the victim of a military crime is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the military judge shall make every effort to permit the fullest attendance possible by the victim of a military crime and shall consider reasonable alternatives to the exclusion of the victim of a military crime from the criminal proceeding. The reasons for any decision denying relief under this subsection shall be clearly stated on the record.

(c)

Best efforts required

(1)

Military judges, trial and defense counsel, military criminal investigation organizations, services, and personnel, and other members and personnel of the Department of Defense engaged in the detection, investigation, or prosecution of offenses under this chapter (the Uniform Code of Military Justice) shall make their best efforts to see that a victim of a military crime is notified of, and accorded, the rights described in subsection .

(2)

The trial counsel in a case shall advise a victim of a military crime that the victim of a military crime can seek the advice of an attorney with respect to the rights described in subsection (a).

(3)

Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person.

(d)

Victim of a military crime defined

(1)

Definition

In this section, the term victim of a military crime means a person who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime in violation of this chapter (the Uniform Code of Military Justice) or in violation of the law of another jurisdiction if any portion of the investigation of the violation of that law was conducted primarily by a military criminal investigative organization (Army Criminal Investigation Command, Naval Criminal Investigative Service, or Air Force Office of Special Investigation). The term shall include, at a minimum, the following:

(A)

Members of the armed forces and their dependents.

(B)

Civilian employees of the Department of Defense and contractor employees stationed outside the continental United States and their dependents residing with them.

(C)

Such other individuals as the Secretary of Defense determines should be included.

(2)

Treatment of certain victims

In the case of a victim of a military crime who is under 18 years of age, incompetent, incapacitated, or deceased, the term shall also include an individual acting on behalf of the victim who is (in order of precedence) a spouse, parent, legal guardian, child, sibling, or another dependent of the victim or another person designated by the military judge, but in no event shall an accused be designated or included.

.

(2)

Clerical amendment

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

806b. Art. 6b. Victims' rights of victims of offenses under this chapter.

.

(b)

Procedures To promote compliance

(1)

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).

(2)

Elements

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

(A)

The designation of an administrative authority within the Department of Defense to oversee the implementation of such section 806(b), and within each Armed Force, an authority to receive and investigate complaints relating to the provision or violation of the rights of victims of military crimes.

(B)

A requirement for a course of training for judge advocates and other appropriate members of the Armed Forces and personnel of the Department to promote compliance with and implementation of such section 806b and assist such personnel in responding more effectively to the needs of victims of military crimes.

(C)

Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense, including suspension or termination from employment in the case of employees of the Department, who willfully or wantonly fail to comply with such section 806b.

(D)

Mechanisms to ensure that the Secretary of Defense shall be the final arbiter of a complaint authorized pursuant to subparagraph (A) by a victim of a military crime that the victim was not afforded a right under such section 806b.

(c)

Additional duty for Response systems independent 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 feasibility and appropriateness of extending to victims of military crimes the additional right afforded a crime victim in civilian criminal legal proceedings under subsection (a)(4) of section 3771 of title 18, United States Code, and the legal standing to seek enforcement of crime victim rights provided by subsection (d) of such section. The panel shall include the results of the assessment in the report required by subsection (c)(1) of such section.

543.

Defense counsel interview of complaining witnesses in presence of counsel for the complaining witness or a Sexual Assault Victim Advocate

Section 846 of title 10, United States Code (article 46 of the Uniform Code of Military Justice), is amended—

(1)

by inserting (a) Opportunity To obtain witnesses and other evidence.—before The trial counsel;

(2)

by striking Process issued and inserting the following:

(c)

Process

Process issued

; and

(3)

by inserting after subsection (a), as designated by paragraph (1), the following new subsection (b):

(b)

Interview of complaining witnesses by defense counsel

(1)

Upon notice by trial counsel to defense counsel of the name and address of the complaining witness or witnesses trial counsel intends to call to testify in any portion of an investigation under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make all requests to interview any such complaining witness through trial counsel.

(2)

If requested by a complaining witness subject to a request for interview under paragraph (1), any interview of the witness by defense counsel shall take place only in the presence of counsel for the complaining witness or a Sexual Assault Victim Advocate.

(3)

In this subsection, the term complaining witness means a person who has suffered a direct physical, emotional, or pecuniary harm as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice).

.

544.

Participation by complaining witnesses in clemency phase of courts-martial process

Section 860(b) of title 10, United States Code (article 60(b) of the Uniform Code of Military Justice), is amended—

(1)

by inserting (A) after (b)(1);

(2)

by redesignating paragraphs (2), (3), and (4) as subparagraphs (B), (C), and (D), respectively, and, in such subparagraphs as so redesignated, by striking paragraph (1) each place it appears and inserting subparagraph (A); and

(3)

by adding at the end the following new paragraphs:

(2)
(A)

In any case in which findings and sentence have been adjudged for an offense involving a complaining witness, the complaining witness shall be provided an opportunity to submit matters for consideration by the convening authority or by another person authorized to act under this section before the convening authority or such other person takes action under this section. Such a submission shall be made within 10 days after the complaining witness has been given an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection (d).

(B)

If a complaining witness shows that additional time is required for submission of matters under subparagraph (A), the convening authority or other person taking action under this section, for good cause, may extend the submission period for not more than an additional 20 days.

(C)

In this paragraph, the term complaining witness means a person who has suffered a direct physical, emotional, or pecuniary harm as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice).

(3)

The convening authority shall not consider under this section any submitted matters that go to the character of a complaining witness unless such matters were presented at the trial.

.

545.

Eight-day incident reporting requirement in response to unrestricted report of sexual assault in which the victim is a member of the Armed Forces

(a)

Incident reporting policy requirement

The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall establish and maintain a policy to require the submission by a designated person of a written incident report not later than eight days after an unrestricted report of sexual assault has been made in which a member of the Armed Forces is the victim. At a minimum, this incident report shall be provided to the following:

(1)

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

(2)

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

(3)

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

(b)

Purpose of the report

The purpose of the required incident report under subsection (a) is to detail the actions taken or in progress to provide the necessary care and support to the victim of the assault, to refer the allegation of sexual assault to the appropriate investigatory agency, and to provide initial notification of the serious incident when that notification has not already taken place.

(c)

Elements of report

(1)

In general

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

(A)

Time/Date/Location of incident.

(B)

Type of offense allegation.

(C)

Service affiliation, assigned unit, and location of the victim.

(D)

Service affiliation, assigned unit, and location of the alleged offender, including information regarding whether the alleged offender has been temporarily transferred or removed from an assigned billet or ordered to pretrial confinement or otherwise restricted, if applicable.

(E)

Post-incident actions taken in connection with the incident, including the following:

(i)

Referral of the victim to medical services and all other services available for members of the Armed Forces who are victims of sexual assault, including the date of each such referral.

(ii)

Receipt and processing status of a request for expedited victim transfer, if applicable.

(iii)

Notification of incident to appropriate investigatory offices, including the organization notified and date of such notification.

(iv)

Issuance of any military protective orders in connection with the incident.

(2)

Modification

(A)

In general

The Secretary of Defense may modify the elements required in a report under this section regarding an incident involving a member of the Armed Forces (including the Coast Guard when it is operating as service in the Department of the Navy) if the Secretary determines that such modification will facilitate compliance with best practices for such reporting as identified by the Sexual Assault Prevention and Response Office of the Department of Defense.

(B)

Coast Guard

The Secretary of the Department in which the Coast Guard is operating may modify the elements required in a report under this section regarding an incident involving a member of the Coast Guard if the Secretary determines that such modification will facilitate compliance with best practices for such reporting as identified by the Coast Guard Office of Work-Life Programs.

(3)

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.

(d)

Regulations

Not later than 180 days after enactment, The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.

546.

Amendment to Manual for Courts-Martial to eliminate considerations relating to character and military service of accused in initial disposition of sex-related offenses

(a)

Amendment required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the President a proposed amendment to rule 306 of the Manual for Courts-Martial (relating to policy on initial disposition of offenses) to eliminate the character and military service of the accused from the list of factors that may be considered by the disposition authority in disposing of a sex-related offense.

(b)

Sex-related offense defined

In this section, a sex-related offense includes—

(1)

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

(2)

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).

547.

Inclusion of letter of reprimands, nonpunitive letter of reprimands and counseling statements

(a)

Inclusion in performance evaluation reports

The Secretary of Defense shall require commanders to include letter of reprimands, nonpunitive letter of actions and counseling statements involving substantiated cases of sexual harassment or sexual assault in the performance evaluation report of a member of the Armed Forces for the purpose of—

(1)

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

(2)

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

(3)

preventing the transfer of sexual offenders.

(b)

Definitions

In this section:

(1)

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

(2)

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).

548.

Enhanced protections for prospective members and new members of the Armed Forces during entry-level processing and training

(a)

Defining inappropriate and prohibited relationships, communication, conduct, and contact between certain members

(1)

Policy required

The Secretary of 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).

(2)

Covered members

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

(A)

a member of the Armed Forces who is superior in rank to, exercises authority or control over, or supervises a person described in subparagraph (B) during the entry-level processing or training of the person; and

(B)

a prospective member of the Armed Forces or a member of the Armed Forces undergoing entry-level processing or training.

(3)

Inclusion of certain members required

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

(A)

for the purpose of recruiting or assessing persons for enlistment or appointment as a commissioned officer, warrant officer, or enlisted member of the Armed Forces;

(B)

at a Military Entrance Processing Station; or

(C)

at an entry-level training facility or school of an Armed Force.

(b)

Effect of violations

A member of the Armed Forces who violates the policy established pursuant to subsection (a) shall be subject to prosecution under the Uniform Code of Military Justice.

(c)

Processing for administrative separation

(1)

In general

(A)

The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall require the processing for administrative separation of any member of the Armed Forces described in subsection (a)(2)(A) in response to the first substantiated violation by the member of the policy established pursuant to subsection (a), when the member is not otherwise punitively discharged or dismissed from the Armed Forces for that violation.

(B)

The Secretary of each military department shall revise regulations applicable to the Armed Forces under the jurisdiction of the Secretary as necessary to ensure compliance with the requirement under subparagraph (A).

(2)

Required elements

(A)

In imposing the requirement under paragraph (1), the Secretaries shall ensure that any separation decision regarding a member of the Armed Forces is based on the full facts of the case and that due process procedures are provided under existing law or regulations or additionally prescribed, as considered necessary by the Secretaries, pursuant to subsection (f).

(B)

The requirement imposed by paragraph (1) shall not be interpreted to limit or alter the authority of the Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating to process members of the Armed Forces for administrative separation—

(i)

for reasons other than a substantiated violation of the policy established pursuant to subsection (a); or

(ii)

under other provisions of law or regulation.

(3)

Substantiated violation

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

(A)

there has been a court-martial conviction for violation of the policy, but the adjudged sentence does not include discharge or dismissal; or

(B)

a nonjudicial punishment authority under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) has determined that a member has committed an offense in violation of the policy and imposed nonjudicial punishment upon the member.

(d)

Proposed Uniform Code of Military Justice punitive article

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives—

(1)

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

(2)

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

(e)

Definitions

In this section:

(1)

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

(2)

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

(f)

Regulations

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall issue such regulations as may be necessary to carry out this section. The Secretary of Defense shall ensure that, to the extent practicable, the regulations are uniform for each armed force under the jurisdiction of that Secretary.

549.

Independent reviews and assessments of Uniform Code of Military Justice and judicial proceedings of sexual assault cases

(a)

Additional duties for response systems panel regarding disposition authority

(1)

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—

(A)

conduct an assessment of the impact, if any, that removing from the chain of command any disposition authority regarding charges preferred under the Uniform Code of Military Justice would have on overall reporting and prosecution of sexual assault cases; and

(B)

review and provide comment on the report of the Secretary of Defense on the role of military commanders in the military justice process, which is required pursuant to section 538 of this Act.

(2)

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.

(b)

Earlier submission deadline for report of the response systems panel

Subsection (c) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) is amended by striking paragraph (1) and inserting the following new paragraph:

(1)

Response systems panel

Not later than one year after the date of the first meeting of the panel established under subsection (a)(1), the panel shall submit a report of its findings and recommendations, through the Secretary of Defense, to the Committees on Armed Services of the Senate and the House of Representatives. The panel shall terminate 30 days after submission of such report.

.

550.

Review of the Office of Diversity Management and Equal Opportunity role in sexual harassment cases

(a)

Review required

The Secretary of Defense shall conduct a review of the Office of Diversity Management and Equal Opportunity for the purposes specified in subsection (b).

(b)

Elements of study

In conducting the review under subsection (a), the Secretary of Defense shall—

(1)

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

(2)

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

(3)

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

(c)

Definition

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

E

Military Family Readiness

551.

Department of Defense recognition of spouses of members of the Armed Forces who serve in combat zones

(a)

Establishment and Presentation of Lapel Buttons

Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section:

1126a.

Spouse-of-a-combat-veteran lapel button: eligibility and presentation

(a)

Design and eligibility

A lapel button, to be known as the spouse-of-a-combat-veteran lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize the spouse of a member of the armed forces who is serving or has served in a combat zone for a period of more than 30 days.

(b)

Presentation

The Secretary concerned may authorize the use of appropriated funds to procure spouse-of-a-combat-veteran lapel buttons and to provide for their presentation to eligible spouses of members.

(c)

Exception to time-period requirement

The 30-day period specified in subsection (a) does not apply if the member is killed or wounded in the combat zone before the expiration the period.

(d)

License to manufacture and sell lapel buttons

Section 901(c) of title 36 shall apply with respect to the spouse-of-a-combat-veteran lapel button authorized by this section.

(e)

Combat zone defined

In this section, the term combat zone has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.

(f)

Regulations

The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable.

.

(b)

Clerical Amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1126 the following new item:

1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation.

.

(c)

Sense of congress regarding implementation

It is the sense of Congress that, as soon as practicable once the spouse-of-a-combat-veteran lapel button becomes available, the Secretary of Defense should—

(1)

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

(2)

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.

552.

Protection of child custody arrangements for parents who are members of the Armed Forces

(a)

Child custody protection

Title II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section:

208.

Child custody protection

(a)

Restriction on temporary custody order

If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, then the court shall require that, upon the return of the servicemember from deployment, the custody order that was in effect immediately preceding the temporary order shall be reinstated, unless the court finds that such a reinstatement is not in the best interest of the child, except that any such finding shall be subject to subsection (b).

(b)

Limitation on consideration of member’s deployment in determination of Child’s Best Interest

If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.

(c)

No federal jurisdiction or right of action or removal

Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.

(d)

Preemption

In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.

(e)

Deployment Defined

In this section, the term deployment means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—

(1)

that are designated as unaccompanied;

(2)

for which dependent travel is not authorized; or

(3)

that otherwise do not permit the movement of family members to that location.

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title II the following new item:

208. Child custody protection.

.

553.

Treatment of relocation of members of the Armed Forces for active duty for purposes of mortgage refinancing

(a)

In general

Title III of the Servicemembers Civil Relief Act is amended by inserting after section 303 (50 U.S.C. App. 533) the following new section:

303A.

Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing

(a)

Treatment of absence from residence due to active duty

While a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of a relocation described in subsection (c)(1)(B), if the servicemember inquires about or applies for a covered refinancing mortgage, the servicemember shall be considered, for all purposes relating to the covered refinancing mortgage (including such inquiry or application and eligibility for, and compliance with, any underwriting criteria and standards regarding such covered refinancing mortgage) to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of such relocation.

(b)

Limitation

Subsection (a) shall not apply with respect to a servicemember who inquires about or applies for a covered refinancing mortgage if, during the 5-year period preceding the date of such inquiry or application, the servicemember entered into a covered refinancing mortgage pursuant to this section.

(c)

Definitions

In this section:

(1)

Existing mortgage

The term existing mortgage means a mortgage that is secured by a 1- to 4-family residence, including a condominium or a share in a cooperative ownership housing association, that was the principal residence of a servicemember for a period that—

(A)

had a duration of 13 consecutive months or longer; and

(B)

ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 18 months that did not allow the servicemember to continue to occupy such residence as a principal residence.

(2)

Covered refinancing mortgage

The term covered refinancing mortgage means any mortgage that—

(A)

is made for the purpose of paying or prepaying, and extinguishing, the outstanding obligations under an existing mortgage or mortgages; and

(B)

is secured by the same residence that secured such existing mortgage or mortgages.

.

(b)

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:

303A. Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing.

.

554.

Family support programs for immediate family members of members of the Armed Forces assigned to special operations forces

(a)

Pilot programs authorized

Consistent with such regulations as the Secretary of Defense may prescribe to carry out this section, the Commander of the United States Special Operations Command may conduct up to three pilot programs to assess the feasibility and benefits of providing family support activities for the immediate family members of members of the Armed Forces assigned to special operations forces.

(b)

Selection of programs

In selecting the pilot programs to be conducted under subsection (a), the Commander shall—

(1)

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

(2)

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

(c)

Evaluation

The Commander shall develop outcome measurements to evaluate the success of each family support activity included in a pilot program under subsection (a).

(d)

Additional authority

The Commander may expend up to $5,000,000 during each fiscal year specified in subsection (f) to carry out the pilot programs under subsection (a).

(e)

Definitions

In this section:

(1)

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

(2)

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

(3)

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

(f)

Duration of pilot program authority

The authority provided by subsection (a) is available to the Commander during fiscal years 2014 through 2016.

(g)

Report

Not later than 180 days after completing a pilot program under subsection (a), the Commander shall submit to the congressional defense committees a report describing the results of the pilot program.

F

Education and Training Opportunities and Wellness

561.

Inclusion of Freely Associated States within scope of Junior Reserve Officers’ Training Corps program

Section 2031(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

If a secondary educational institution in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau otherwise meets the conditions imposed by subsection (b) on the establishment and maintenance of units of the Junior Reserve Officers’ Training Corps, the Secretary of a military department may establish and maintain a unit of the Junior Reserve Officers’ Training Corps at the secondary educational institution even though the secondary educational institution is not a United States secondary educational institution.

.

562.

Improved climate assessments and dissemination and tracking of results

(a)

Improved dissemination of results in chain of command

The Secretary of Defense shall ensure that the results of command climate assessments are provided to the relevant individual commander and to the next higher level of command.

(b)

Performance tracking

(1)

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.

(2)

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.

(c)

Tracking system

The Inspector General of the Department of Defense shall develop a system to track whether commanders are conducting command climate assessments.

(d)

Unit compliance reports

Working with the Inspector General of the Department of Defense, unit commanders shall gather all the climate assessments from the unit and develop a compliance report that, at a minimum, shall include the following:

(1)

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

(2)

Data showing how leadership is perceived in the unit.

(3)

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

563.

Service-wide 360 assessments

(a)

Adoption of 360-degree approach

The Secretary of each military department shall develop an assessment program modeled after the current Department of the Army Multi-Source Assessment and Feedback (MSAF) Program, known in this section as the 360-degree approach.

(b)

Report on inclusion in performance evaluation reports

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of an assessment of the feasibility of including the 360-degree approach as part of the performance evaluation reports.

(c)

Individual counseling

The Secretary of each military department shall include individual counseling as part of the performance evaluation process.

564.

Health welfare inspections

The Secretary of each military department shall conduct health welfare inspections on a monthly basis in order to ensure and maintain security, military readiness, good order, and discipline of all units of the Armed Forces under the jurisdiction of the Secretary. Results of the Health Welfare Inspections shall be provided to both the commander and senior commander.

565.

Review of security of military installations, including barracks and multi-family residences

(a)

Review of security measures

The Secretary of Defense shall conduct a review of security measures on United States military installations, specifically with regard to barracks and multi-family residences on military installations, for the purpose of ensuring the safety of members of the Armed Forces and their dependents who reside on military installations.

(b)

Elements of study

In conducting the review under subsection (a), the Secretary of Defense shall—

(1)

identify security gaps on military installations; and

(2)

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.

(c)

Submission of results

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of the study conducted under subsection (a), including an estimate of the costs—

(1)

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

(2)

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

566.

Enhancement of mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses

(a)

Improvement of information available to members of the Armed Forces about correlation

(1)

In general

The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable, make information on civilian credentialing opportunities available to members of the Armed Forces beginning with, and at every stage of, training of members for military occupational specialties, in order to permit members—

(A)

to evaluate the extent to which such training correlates with the skills and training required in connection with various civilian certifications and licenses; and

(B)

to assess the suitability of such training for obtaining or pursuing such civilian certifications and licenses.

(2)

Coordination with Transition Goals Plans Success program

Information shall be made available under paragraph (1) in a manner consistent with the Transition Goals Plans Success (GPS) program.

(3)

Types of information

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

(A)

Information on the civilian occupational equivalents of military occupational specialties (MOS).

(B)

Information on civilian license or certification requirements, including examination requirements.

(C)

Information on the availability and opportunities for use of educational benefits available to members of the Armed Forces, as appropriate, corresponding training, or continuing education that leads to a certification exam in order to provide a pathway to credentialing opportunities.

(4)

Use and adaptation of certain programs

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

(b)

Improvement of access of accredited civilian credentialing agencies to military training content

(1)

In general

The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable consistent with national security 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.

(2)

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.

567.

Use of educational assistance for courses in pursuit of civilian certifications or licenses

(a)

Courses under Department of Defense educational assistance authorities

(1)

In general

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

2015a.

Civilian certifications and licenses: use of educational assistance for courses in pursuit of civilian certifications or licenses

(a)

Limitation on use of assistance

In the case of a member of the armed forces who is enrolled in an educational institution in a State for purposes of obtaining employment in an occupation or profession requiring the approval or licensure of a board or agency of that State, educational assistance specified in subsection (b) may be used by the member for a course offered by the educational institution that is a required element of the curriculum to be satisfied to obtain employment in that occupation or profession only if—

(1)

the successful completion of the curriculum fully qualifies a student to—

(A)

take any examination required for entry into the occupation or profession, including satisfying any State or professionally mandated programmatic and specialized accreditation requirements; and

(B)

be certified or licensed or meet any other academically related pre-conditions that are required for entry into the occupation or profession; and

(2)

in the case of State licensing or professionally mandated requirements for entry into the occupation or profession that require specialized accreditation, the curriculum meets the requirement for specialized accreditation through its accreditation or pre-accreditation by an accrediting agency or association recognized by the Secretary of Education or designated by that State as a reliable authority as to the quality or training offered by the institution in that program.

(b)

Covered educational assistance

The educational assistance specified in this subsection is educational assistance as follows:

(1)

Educational assistance for members of the armed forces under section 2007 and 2015 of this title.

(2)

Educational assistance for persons enlisting for active duty under chapter 106A of this title.

(3)

Educational assistance for members of the armed forces held as captives under section 2183 of this title.

(4)

Educational assistance for members of the Selected Reserve under chapter 1606 of this title.

(5)

Educational assistance for reserve component members supporting contingency operations and other operations under chapter 1607 of this title.

(6)

Such other educational assistance provided members of the armed force under the laws the administered by the Secretary of Defense or the Secretaries of the military departments as the Secretary of Defense shall designate for purposes of this section.

.

(2)

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:

2015a. Civilian certifications and licenses: use of educational assistance for courses in pursuit of civilian certifications or licenses.

.

(b)

Effective date

The amendments made by this section shall take effect on August 1, 2014, and shall apply with respect to courses pursued on or after that date.

G

Defense Dependents’ Education

571.

Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees

(a)

Assistance to schools with significant numbers of military dependent students

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

(b)

Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations

(1)

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.

(2)

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).

(c)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

572.

Support for efforts to improve academic achievement and transition of military dependent students

The Secretary of Defense may make grants to nonprofit organizations that provide services to improve the academic achievement of military dependent students, including those nonprofit organizations whose programs focus on improving the civic responsibility of military dependent students and their understanding of the Federal Government through direct exposure to the operations of the Federal Government.

573.

Treatment of tuition payments received for virtual elementary and secondary education component of Department of Defense education program

(a)

Crediting of payments

Section 2164(l) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

Any payments received by the Secretary of Defense under this subsection shall be credited to the account designated by the Secretary for the operation of the virtual educational program under this subsection. Payments so credited shall be merged with other funds in the account and shall be available, to the extent provided in advance in appropriation Acts, for the same purposes and the same period as other funds in the account.

.

(b)

Application of amendment

The amendment made by subsection (a) shall apply only with respect to tuition payments received under section 2164(l) of title 10, United States Code, for enrollments authorized by such section, after the date of the enactment of this Act, in the virtual elementary and secondary education program of the Department of Defense education program.

H

Decorations and Awards

581.

Fraudulent representations about receipt of military decorations or medals

(a)

In general

Section 704 of title 18, United States Code, is amended—

(1)

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

(2)

so that subsection (b) reads as follows:

(b)

Fraudulent representations about receipt of military decorations or medals

Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection (c)(2) or (d) shall be fined under this title, imprisoned not more than one year, or both.

.

(b)

Addition of certain other medals

Section 704(d) of title 18, United States Code, is amended—

(1)

by striking If a decoration and inserting the following:

(1)

In general

If a decoration

;

(2)

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

(3)

by adding at the end the following new paragraph:

(2)

Combat badge defined

In this subsection, the term combat badge means a Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal.

.

(c)

Conforming amendment

Section 704 of title 18, United States Code, is amended in each of subsections (c)(1) and (d) by striking or (b).

582.

Repeal of limitation on number of medals of honor that may be awarded to the same member of the Armed Forces

(a)

Army

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

(b)

Navy and marine corps

Section 6247 of title 10, United States Code, is amended by striking medal of honor,.

(c)

Air force

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

583.

Standardization of time-limits for recommending and awarding Medal of Honor, Distinguished-Service Cross, Navy Cross, Air Force Cross, and Distinguished-Service Medal

(a)

Army

Section 3744(b) of title 10, United States Code, is amended—

(1)

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

(2)

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

(b)

Air force

Section 8744(b) of such title is amended—

(1)

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

(2)

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

584.

Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll requirements

(a)

Automatic enrollment and furnishing of certificate

(1)

In general

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

1134a.

Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll

(a)

Establishment

There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department in which the Coast Guard is operating a roll designated as the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll.

(b)

Enrollment

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

(c)

Issuance of enrollment certificate

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

(d)

Entitlement to special pension; notice to secretary of Veterans Affairs

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

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1134 the following new item:

1134a. Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll.

.

(b)

Special pension

(1)

Automatic entitlement

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

(A)

by striking each person and inserting each living person;

(B)

by striking Honor roll and inserting Honor Roll;

(C)

by striking subsection (c) of section 1561 of this title and inserting subsection (d) of section 1134a of title 10; and

(D)

by striking date of application therefor under section 1560 of this title and inserting date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section.

(2)

Election to decline special pension

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

(g)
(1)

A person who is entitled to special pension under subsection (a) may elect not to receive special pension by notifying the Secretary of such election in writing.

(2)

Upon receipt of an election made by a person under paragraph (1) not to receive special pension, the Secretary shall cease payments of special pension to the person.

.

(c)

Conforming amendments

(1)

Repeal of recodified provisions

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

(2)

Clerical amendments

The table of sections at the beginning of chapter 15 of such title is amended by striking the items relating to sections 1560 and 1561.

(d)

Application of amendments

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

585.

Treatment of victims of the attacks at recruiting station in Little Rock, Arkansas, and at Fort Hood, Texas

(a)

Award of Purple Heart required

The Secretary of the military department concerned shall award the Purple Heart to the members of the Armed Forces who were killed or wounded in the attacks that occurred at the recruiting station in Little Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on November 5, 2009.

(b)

Additional benefits

For purposes of all applicable Federal laws, regulations, and policies, a member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded in an attack described in subsection (a) shall be deemed as follows:

(1)

In the case of a member, to have been killed or wounded in a combat zone.

(2)

In the case of a civilian employee of the Department of Defense, to have been killed or wounded while serving with the Armed Forces in a contingency operation.

(c)

Exception

This section shall not apply to a member of the Armed Forces whose death or wound in an attack subsection (a) was the result of the willful misconduct of the member.

586.

Retroactive award of Army Combat Action Badge

(a)

Authority To award

The Secretary of the Army may award the Army Combat Action Badge (established by order of the Secretary of the Army through Headquarters, Department of the Army Letter 600–05–1, dated June 3, 2005) to a person who, while a member of the Army, participated in combat during which the person personally engaged, or was personally engaged by, the enemy at any time during the period beginning on December 7, 1941, and ending on September 18, 2001 (the date of the otherwise applicable limitation on retroactivity for the award of such decoration), if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation.

(b)

Procurement of badge

The Secretary of the Army may make arrangements with suppliers of the Army Combat Action Badge so that eligible recipients of the Army Combat Action Badge pursuant to subsection (a) may procure the badge directly from suppliers, thereby eliminating or at least substantially reducing administrative costs for the Army to carry out this section.

587.

Report on Navy review, findings, and actions pertaining to Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta

Not later than 30 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the Navy review, findings, and actions pertaining to the Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta. The report shall account for all evidence submitted with regard to the case.

588.

Authorization for award of the Distinguished-Service Cross to Sergeant First Class Robert F. Keiser for acts of valor during the Korean War

(a)

Authorization

Notwithstanding the time limitations specified in section 3144 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army is authorized and requested to award the Distinguished-Service Cross under section 3742 of such title to Sergeant First Class Robert F. Keiser for the acts of valor referred to in subsection (b) during the Korean War.

(b)

Acts of Valor described

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

I

Other Matters

591.

Revision of specified senior military colleges to reflect consolidation of North Georgia College and State University and Gainesville State College

Paragraph (6) of section 2111a(f) of title 10, United States Code, is amended to read as follows:

(6)

The University of North Georgia.

.

592.

Authority to enter into concessions contracts at Army National Military Cemeteries

(a)

In general

Chapter 446 of title 10, United States Code, is amended by adding at the end the following new section:

4727.

Cemetery concessions contracts

(a)

Contracts authorized

The Secretary of the Army may enter into a contract with an appropriate entity for the provision of transportation, interpretative, or other necessary or appropriate concession services to visitors at the Army National Military Cemeteries.

(b)

Special requirements

(1)

The Secretary of the Army shall establish and include in each concession contract such requirements as the Secretary determines are necessary to ensure the protection, dignity, and solemnity of the cemetery at which services are provided under the contract.

(2)

A concession contract shall not include operation of the gift shop at Arlington National Cemetery without the specific prior authorization by an Act of Congress.

(c)

Term of contracts

(1)

Except as provided in paragraph (2), a concession contract may be awarded for a period of not more than 10 years.

(2)
(A)

If the Secretary of the Army determines that the terms and conditions of a concession contract to be entered into under this section, including any required construction of capital improvements, warrant entering into the contract for a period of greater than 10 years, the Secretary may award the contract for a period of up to 20 years.

(B)

If a concession contract is intended solely for the provision of transportation services, the Secretary may enter into the contract for a period of not more than five years and may extend the period of the contract for one or more successive five-year periods pursuant to an option included in the contract or a modification of the contract. The aggregate period of any such contract, including extensions, may not exceed 10 years.

(d)

Franchise fees

A concession contract shall provide for payment to the United States of a franchise fee or such other monetary consideration as determined by the Secretary of the Army. The Secretary shall ensure that the objective of generating revenue for the United States is subordinate to the objectives of honoring the service and sacrifices of the deceased members of the armed forces and of providing necessary and appropriate services for visitors to the Cemeteries at reasonable rates.

(e)

Special account

All franchise fees (and other monetary consideration) collected by the United States under subsection (d) shall be deposited into a special account established in the Treasury of the United States. The funds deposited in such account shall be available for expenditure by the Secretary of the Army, to the extent authorized and in such amounts as are provided in advance in appropriations Acts, to support activities at the Cemeteries. The funds deposited into the account shall remain available until expended.

(f)

Concession contract defined

In this section, the term concession contract means a contract authorized and entered into under this section.

.

(b)

Clerical amendment

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

4727. Cemetery concessions contracts.

.

593.

Commission on Military Behavioral Health and Disciplinary Issues

(a)

Establishment of Commission

There is established the Commission on Military Behavioral Health and Disciplinary Issues (in this section referred to as the Commission).

(b)

Membership

(1)

Composition

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

(A)

two shall be appointed by the President;

(B)

two shall be appointed by the Chairman of the Committee on Armed Services of the Senate;

(C)

two shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;

(D)

two shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and

(E)

two shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.

(2)

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.

(3)

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.

(4)

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.

(5)

Initial Meeting

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

(6)

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.

(7)

Chair and Vice Chairman

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

(c)

Study and report

(1)

Study required

The Commission shall undertake a comprehensive study of whether—

(A)

the Department of Defense mechanisms for disciplinary action adequately address the impact of service-connected mental disorders and TBI on the basis for the disciplinary action; and

(B)

whether the disciplinary mechanisms should be revisited in light of new information regarding the connection between service-connected mental disorders and TBI, behavioral problems, and disciplinary action.

(2)

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.

(3)

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.

(d)

Powers of the commission

(1)

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.

(2)

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.

(e)

Commission personnel matters

(1)

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.

(2)

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.

(3)

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.

(f)

Termination date

The Commission shall terminate 30 days after the date on which the Commission submits its report.

594.

Commission on Service to the Nation

(a)

Establishment

There is established a commission to be known as the Commission on Service to the Nation.

(b)

Duties

(1)

Study

The Commission shall carry out a study of the following:

(A)

The effect of warfare, focusing on recent wars and conflicts, on members of the Armed Forces, the families of members, and the communities of members.

(B)

The outgoing experience and transition between military and civilian life.

(C)

The gaps between the military and those Americans who do not participate directly in the military community.

(2)

Testimony and research

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

(A)

hear testimony from all aspects of military and civilian life, including public, private, individual and institutional stakeholders, with personal testimony, expert testimony, academic testimony, as well as testimony from association and community leaders, and other testimony as appropriate;

(B)

hear and accept testimony in an open and public manner, accepting testimony in a wide variety of ways for each hearing, including submissions made through a public internet website, and testimony heard remotely if appropriate;

(C)

retain the records of all hearings and artifacts of testimony for the purposes of historical documentation and research;

(D)

assess the social, mental, and physical effects of war on active members of the Armed Forces, the families of members, and the communities of members and the preparation they receive for transitioning out of the military; and

(E)

assess the existing academic and social science research and analysis on transition from active military to civilian life.

(3)

Recommendations

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

(A)

support the transition to civilian life of a member of the Armed Forces;

(B)

support the families and communities of the member; and

(C)

better connect the military community and civilians.

(4)

Website

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

(A)

share the schedule of the Commission;

(B)

notify the public of events;

(C)

accept feedback; and

(D)

post records of events and other information to inform the public in a manner consistent with the mission of the Commission.

(c)

Composition

(1)

Members

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

(A)

Four members appointed by Majority Leader of the Senate, in consultation with the chairman of the Committee on Armed Services of the Senate.

(B)

Four members appointed by the Speaker of the House of Representatives, in consultation with the chairman of the Committee on Armed Services of the House of Representatives.

(C)

Two members appointed by the Minority Leader of the Senate, in consultation with the ranking minority member of the Committee on Armed Services of the Senate.

(D)

Two members appointed by the Minority Leader of the House of Representatives, in consultation with the ranking minority member of the Committee on Armed Service of the House of Representatives.

(E)

Three members appointed by the President.

(2)

Qualifications

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

(A)

The effects of war on members of the Armed Forces, their families, and society.

(B)

The process of transitioning out of the Armed Forces.

(C)

The resources available to members and their families as members transition out of the Armed Forces and into society.

(D)

Personnel benefits, including healthcare and job training, available to members.

(E)

Policy making and policy analysis.

(3)

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.

(4)

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.

(5)

Chairman

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

(6)

Deadline for appointment

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

(d)

Procedures

(1)

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.

(2)

Meetings

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

(3)

Quorum

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

(4)

Procedure

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

(5)

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.

(e)

Compensation and staff

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(f)

Powers

(1)

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 and the District of Columbia, and may hold hearings and forums in any commonwealth, territory, or possession of the United States as the Commission determines appropriate.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(g)

Reports

(1)

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—

(A)

a strategic plan for the work of the Commission;

(B)

a discussion of the activities of the Commission; and

(C)

any initial findings of the Commission.

(2)

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.

(h)

Termination

The Commission shall terminate 90 days after the date on which the final report is submitted under subsection (g)(2).

VI

Compensation and Other Personnel Benefits

A

Pay and Allowances

601.

Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances

Section 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2013 and inserting December 31, 2014.

B

Bonuses and Special and Incentive Pays

611.

One-year extension of certain bonus and special pay authorities for reserve forces

The following sections of title 37, United States Code, are amended by striking December 31, 2013 and inserting December 31, 2014:

(1)

Section 308b(g), relating to Selected Reserve reenlistment bonus.

(2)

Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.

(3)

Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.

(4)

Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.

(5)

Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.

(6)

Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.

(7)

Section 478a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting distance.

(8)

Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

612.

One-year extension of certain bonus and special pay authorities for health care professionals

(a)

Title 10 authorities

The following sections of title 10, United States Code, are amended by striking December 31, 2013 and inserting December 31, 2014:

(1)

Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2)

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(b)

Title 37 authorities

The following sections of title 37, United States Code, are amended by striking December 31, 2013 and inserting December 31, 2014:

(1)

Section 302c–1(f), relating to accession and retention bonuses for psychologists.

(2)

Section 302d(a)(1), relating to accession bonus for registered nurses.

(3)

Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

(4)

Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

(5)

Section 302h(a)(1), relating to accession bonus for dental officers.

(6)

Section 302j(a), relating to accession bonus for pharmacy officers.

(7)

Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

(8)

Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

613.

One-year extension of special pay and bonus authorities for nuclear officers

The following sections of title 37, United States Code, are amended by striking December 31, 2013 and inserting December 31, 2014:

(1)

Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.

(2)

Section 312b(c), relating to nuclear career accession bonus.

(3)

Section 312c(d), relating to nuclear career annual incentive bonus.

614.

One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities

The following sections of title 37, United States Code, are amended by striking December 31, 2013 and inserting December 31, 2014:

(1)

Section 331(h), relating to general bonus authority for enlisted members.

(2)

Section 332(g), relating to general bonus authority for officers.

(3)

Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.

(4)

Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(5)

Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(6)

Section 351(h), relating to hazardous duty pay.

(7)

Section 352(g), relating to assignment pay or special duty pay.

(8)

Section 353(i), relating to skill incentive pay or proficiency bonus.

(9)

Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

615.

One-year extension of authorities relating to payment of other title 37 bonuses and special pays

The following sections of title 37, United States Code, are amended by striking December 31, 2013 and inserting December 31, 2014:

(1)

Section 301b(a), relating to aviation officer retention bonus.

(2)

Section 307a(g), relating to assignment incentive pay.

(3)

Section 308(g), relating to reenlistment bonus for active members.

(4)

Section 309(e), relating to enlistment bonus.

(5)

Section 324(g), relating to accession bonus for new officers in critical skills.

(6)

Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

(7)

Section 327(h), relating to incentive bonus for transfer between armed forces.

(8)

Section 330(f), relating to accession bonus for officer candidates.

616.

One-year extension of authority to provide incentive pay for members of precommissioning programs pursuing foreign language proficiency

Section 316a(g) of title 37, United States Code is amended by striking December 31, 2013 and inserting December 31, 2014.

617.

Authority to provide bonus to certain cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps

(a)

Bonus authorized

Chapter 5 of title 37, United States Code, is amended by inserting after section 335 the following new section:

336.

Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps

(a)

Contracting bonus authorized

The Secretary concerned may pay a bonus under this section to a cadet or midshipman enrolled in the Senior Reserve Officers’ Training Corps who executes a written agreement described in subsection (c).

(b)

Amount of bonus

The amount of a bonus under subsection (a) may not exceed $5,000.

(c)

Agreement

A written agreement referred to in subsection (a) is a written agreement by the cadet or midshipman—

(1)

to complete field training or a practice cruise under section 2104(b)(6)(A)(ii) of title 10;

(2)

to complete advanced training under chapter 103 of title 10;

(3)

to accept a commission or appointment as an officer of the armed forces; and

(4)

to serve on active duty.

(d)

Payment method

Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify when the bonus will be paid and whether the bonus will be paid in a lump sum or in installments.

(e)

Repayment

A person who, having received all or part of a bonus under subsection (a), fails to fulfill the terms of the written agreement required by such subsection for receipt of the bonus shall be subject to the repayment provisions of section 373 of this title.

(f)

Regulations

The Secretary concerned shall issue such regulations as may be necessary to carry out this section.

(g)

Termination of authority

No agreement under this section may be entered into after December 31, 2015.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 335 the following new item:

336. Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

.

C

Disability, Retired Pay, Survivor, and Transitional Benefits

621.

Transitional compensation and other benefits for dependents of certain members separated for violation of the Uniform Code of Military Justice

(a)

In general

Chapter 53 of title 10, United States Code, is amended by inserting after section 1059 the following new section:

1059a.

Dependents of certain members separated for Uniform Code of Military Justice offenses: transitional compensation; commissary and exchange benefits

(a)

Authority To pay compensation

The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy), and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may each establish a program under which the Secretary may pay monthly transitional compensation in accordance with this section to dependents or former dependents of a member of the armed forces described in subsection (b) who is under the jurisdiction of the Secretary.

(b)

Members and punitive actions covered

This section applies in the case of a member of the armed forces who, after completing more than 20 years of active service or more than 20 years of service computed under section 12732 of this title—

(1)

is convicted by court-martial of an offense under chapter 47 of this title (the Uniform Code of Military Justice);

(2)

is separated from active duty pursuant to the sentence of the court-martial; and

(3)

forfeits all pay and allowances pursuant to the sentence of the court-martial.

(c)

Recipient of payments

(1)

In the case of a member of the armed forces described in subsection (b), the Secretary may pay compensation under this section to dependents or former dependents of the member as follows:

(A)

If the member was married at the time of the commission of the offense resulting in separation from the armed forces, such compensation may be paid to the spouse or former spouse to whom the member was married at that time, including an amount for each, if any, dependent child of the member who resides in the same household as that spouse or former spouse.

(B)

If there is a spouse or former spouse who is or, but for subsection (d)(2), would be eligible for compensation under this section and if there is a dependent child of the member who does not reside in the same household as that spouse or former spouse, compensation under this section may be paid to each such dependent child of the member who does not reside in that household.

(C)

If there is no spouse or former spouse who is or, but for subsection (d)(2), would be eligible under this section, compensation under this section may be paid to the dependent children of the member.

(2)

A dependent or former dependent of a member described in subsection (b) is not eligible for transitional compensation under this section if the Secretary concerned determines (under regulations prescribed under subsection (g)) that the dependent or former dependent was an active participant in the conduct constituting the offense under chapter 47 of this title (the Uniform Code of Military Justice) for which the member was convicted and separated from the armed forces.

(d)

Commencement and duration of payment

(1)

If provided under this section, the payment of transitional compensation under this section shall commence—

(A)

as of the date the court-martial sentence is adjudged if the sentence, as adjudged, includes—

(i)

a dismissal, dishonorable discharge, or bad conduct discharge; and

(ii)

forfeiture of all pay and allowances; or

(B)

if there is a pretrial agreement that provides for disapproval or suspension of the dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances, as of the date of the approval of the court-martial sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes—

(i)

an unsuspended dismissal, dishonorable discharge, or bad conduct discharge; and

(ii)

forfeiture of all pay and allowances.

(2)

Paragraphs (2) and (3) of subsection (e), paragraphs (1) and (2) of subsection (g), and subsections (f) and (h) of section 1059 of this title shall apply in determining—

(A)

the amount of transitional compensation to be paid under this section;

(B)

the period for which such compensation may be paid; and

(C)

the circumstances under which the payment of such compensation may or will cease.

(e)

Commissary and exchange benefits

A dependent or former dependent who receives transitional compensation under this section shall, while receiving such payments, be entitled to use commissary and exchange stores in the same manner as provided in subsection (j) of section 1059 of this title.

(f)

Coordination of benefits

The Secretary concerned may not make payments to a spouse or former spouse under both this section and section 1059 or 1408(h)(1) of this title. In the case of a spouse or former spouse for whom a court order provides for payments by the Secretary pursuant to section 1408(h)(1) of this title and to whom the Secretary offers payments under this section or section 1059, the spouse or former spouse shall elect which payments to receive.

(g)

Regulations

If the Secretary of Defense (or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) establishes a program to provide transitional compensation under this section, that Secretary shall prescribe regulations to carry out the program.

(h)

Dependent child defined

In this section, the term dependent child, with respect to a member or former member of the armed forces referred to in subsection (b), has the meaning given such term in subsection (l) of section 1059 of this title, except that status as a dependent child shall be determined as of the date on which the member described in subsection (b) is convicted of the offense concerned.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 53 of such title is amended by inserting after the item relating to section 1059 the following new item:

1059a. Dependents of certain members separated for Uniform Code of Military Justice offenses: transitional compensation; commissary and exchange benefits.

.

(c)

Conforming amendment

Subsection (i) of section 1059 of title 10, United States Code, is amended to read as follows:

(i)

Coordination of benefits

The Secretary concerned may not make payments to a spouse or former spouse under both this section and section 1059a or 1408(h)(1) of this title. In the case of a spouse or former spouse for whom a court order provides for payments by the Secretary pursuant to section 1408(h)(1) of this title and to whom the Secretary offers payments under this section or section 1059a, the spouse or former spouse shall elect which payments to receive.

.

622.

Prevention of retired pay inversion for members whose retired pay is computed using high-three average

(a)

Clarification of rule for members who became members on or after September 8, 1980

Section 1401a(f)(1) of title 10, United States Code, is amended—

(1)

by striking Notwithstanding any other provision of law, the monthly retired pay of a member or a former member of an armed force and inserting the following:

(A)

Members with retired pay computed using final basic pay

The monthly retired pay of a member or former member of an armed force who first became a member of a uniformed service before September 8, 1980, and

; and

(2)

by adding at the end the following new subparagraph:

(B)

Members with retired pay computed using high-three

Subject to subsections (d) and (e), the monthly retired pay of a member or former member of an armed force who first became a member of a uniformed service on or after September 8, 1980, may not be less, on the date on which the member or former member initially becomes entitled to such pay, than the monthly retired pay to which the member or former member would be entitled on that date if the member or former member had become entitled to retired pay on an earlier date, adjusted to reflect any applicable increases in such pay under this section. However, in the case of a member or former member whose retired pay is computed subject to section 1407(f) of this title, subparagraph (A) (rather than the preceding sentence) shall apply in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980, but only with respect to a calculation as of the date on which the member or former member first became entitled to retired pay.

.

(b)

Applicability

Subparagraph (B) of section 1401a(f)(1) of title 10, United States Code, as added by subsection (a)(2), applies to the computation of retired pay or retainer pay of any member or former member of an Armed Force who first became a member of a uniformed service on or after September 8, 1980, regardless of the date on which the member first becomes entitled to retired or retainer pay.

D

Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

631.

Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals

Section 1587(b) of title 10, United States Code, is amended by striking take or fail to take and inserting take, threaten to take, or fail to take.

632.

Purchase of sustainable products, local food products, and recyclable materials for resale in commissary and exchange store systems

(a)

Improved purchasing efforts

Section 2481(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)
(A)

The governing body established pursuant to paragraph (2) shall endeavor to increase the purchase for resale at commissary stores and exchange stores of sustainable products, local food products, and recyclable materials.

(B)

As part of its efforts under subparagraph (A), the governing body shall develop—

(i)

guidelines for the identification of fresh meat, poultry, seafood, and fish, fresh produce, and other products raised or produced through sustainable methods; and

(ii)

goals, applicable to all commissary stores and exchange stores world-wide, to maximize, to the maximum extent practical, the purchase of sustainable products, local food products, and recyclable materials by September 30, 2018.

.

(b)

Deadline for establishment and guidelines

The initial guidelines required by paragraph (3)(B)(i) of section 2481(c) of title 10, United States Code, as added by subsection (a), shall be issued not later than two years after the date of the enactment of this Act.

633.

Correction of obsolete references to certain nonappropriated fund instrumentalities

Section 2105(c) of title 5, United States Code, is amended by striking Army and Air Force Motion Picture Service, Navy Ship’s Stores Ashore and inserting Navy Ships Stores Program.

E

Other Matters

641.

Authority to provide certain expenses for care and disposition of human remains retained by the Department of Defense for forensic pathology investigation

(a)

Disposition of remains of persons whose death is investigated by the armed forces medical examiner

(1)

Covered decedents

Section 1481(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(10)

To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose remains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title.

.

(2)

Authorized expenses relating to care and disposition of remains

Section 1482 of such title is amended by adding at the end the following new subsection:

(g)
(1)

The payment of expenses incident to the recovery, care, and disposition of the remains of a decedent covered by section 1481(a)(10) of this title is limited to those expenses that, as determined under regulations prescribed by the Secretary of Defense, would not have been incurred but for the retention of those remains for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. The Secretary concerned shall pay all other expenses authorized to be paid under this section only on a reimbursable basis. Amounts reimbursed to the Secretary concerned under this subsection shall be credited to appropriations available at the time of reimbursement for the payment of such expenses.

(2)

In a case covered by paragraph (1), if the person designated under subsection (c) to direct disposition of the remains of a decedent does not direct disposition of the remains that were retained for the forensic pathology investigation, the Secretary may pay for the transportation of those remains to, and interment or inurnment of those remains in, an appropriate place selected by the Secretary, in lieu of the transportation authorized to be paid under subsection (a)(8).

(3)

In a case covered by paragraph (1), expenses that may be paid do not include expenses with respect to an escort under subsection (a)(8), whether or not on a reimbursable basis.

.

(b)

Clarification of coverage of inurnment

Section 1482(a)(9) of such title is amended by inserting or inurnment after Interment.

(c)

Technical amendment

Section 1482(f) of such title is amended in the third sentence by striking this subsection and inserting this section.

642.

Provision of status under law by honoring certain members of the reserve components as veterans

(a)

Veteran status

(1)

In general

Chapter 1 of title 38, United States Code, is amended by inserting after section 107 the following new section:

107A.

Honoring as veterans certain persons who performed service in the reserve components

Any person who is entitled under chapter 1223 of title 10 to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this section.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 107 the following new item:

107A. Honoring as veterans certain persons who performed service in the reserve components.

.

(b)

Clarification regarding benefits

No person may receive any benefit under the laws administered by the Secretary of Veterans Affairs solely by reason of section 107A of title 38, United States Code, as added by subsection (a).

643.

Survey of military pay and benefits preferences

(a)

Survey required

The Secretary of Defense shall carry out a anonymous survey of random members of the Armed Forces regarding military pay and benefits.

(b)

Content of survey

A survey under this section shall be conducted for the purpose of soliciting information on the following:

(1)

The value that members of the Armed Forces place on the following forms of compensation relative to one another:

(A)

Basic pay.

(B)

Allowances for housing and subsistence.

(C)

Bonuses and special pays.

(D)

Dependent healthcare benefits.

(E)

Healthcare benefits for retirees under 65 years old.

(F)

Healthcare benefits for Medicare-eligible retirees.

(G)

Retirement pay.

(2)

How the members value different levels of pay or benefits, including the impact of co-payments or deductibles on the value of benefits.

(3)

Any other issues related to military pay and benefits as the Secretary of Defense considers appropriate.

(4)

How information collected pursuant to a previous paragraph varies by age, rank, dependent status, and other factors the Secretary of Defense considers appropriate.

(c)

Submission of results

Upon the completion of a survey conducted under this section, the Secretary of Defense shall submit to Congress and make publicly available a report containing the results of the survey, including both the analyses and the raw data collected.

VII

Health Care Provisions

A

Improvements to Health Benefits

701.

Mental health assessments for members of the Armed Forces

(a)

In general

Section 1074m of title 10, United States Code, is amended—

(1)

in subsection (a)(1)—

(A)

by redesignating subparagraph (B) and (C) as subparagraph (C) and (D), respectively; and

(B)

by inserting after subparagraph (A) the following:

(B)

Once during each 180-day period during which a member is deployed.

; and

(2)

in subsection (c)(1)(A)—

(A)

in clause (i), by striking ; and and inserting a semicolon;

(B)

by redesignating clause (ii) as clause (iii); and

(C)

by inserting after clause (i) the following:

(ii)

by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and the use of such personnel for the assessments would not impair the capacity of such personnel to perform higher priority tasks; and

.

(b)

Conforming amendment

Section 1074m(a)(2) of title 10, United States Code, is amended by striking subparagraph (B) and (C) and inserting subparagraph (C) and (D).

702.

Periodic mental health assessments for members of the Armed Forces

(a)

In general

Chapter 55 of title 10, United States Code, is amended by inserting after section 1074m the following new section:

1074n.

Periodic mental health assessments for members of the armed forces

(a)

In general

The Secretary of Defense shall provide periodic, person-to-person mental health assessments to each member of the armed forces serving on active duty.

(b)

Frequency

The Secretary shall determine the frequency of the mental health assessments provided under subsection (a).

(c)

Elements

(1)

The mental health assessments provided under subsection (a) shall meet the requirements for mental health assessments as described in section 1074m(c)(1) of this title.

(2)

The Secretary may treat health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under sections 1074f and 1074m of this title, as meeting the requirements for mental health assessments required under subsection (a) if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.

(d)

Sharing of information

Section 1074m(e) of this title, regarding the sharing of information with the Secretary of Veterans Affairs, shall apply to mental health assessments provided under subsection (a).

(e)

Regulations

The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074m the following new item:

1074n. Periodic mental health assessments for members of the armed forces.

.

B

Health Care Administration

711.

Future availability of TRICARE Prime for certain beneficiaries enrolled in TRICARE Prime

Section 732 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1816) is amended—

(1)

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

(2)

by inserting the following new subsection:

(b)

Access to TRICARE Prime

(1)

One-time election

Subject to paragraph (3), the Secretary shall ensure that each affected eligible beneficiary who is enrolled in TRICARE Prime as of September 30, 2013, may make a one-time election to continue such enrollment in TRICARE Prime, notwithstanding that a contract described in subsection (a)(2)(A) does not allow for such enrollment based on the location in which such beneficiary resides. The beneficiary may continue such enrollment in TRICARE Prime so long as the beneficiary resides in the same ZIP code as the ZIP Code in which the beneficiary resided at the time of such election.

(2)

Enrollment in TRICARE Standard

If an affected eligible beneficiary makes the one-time election under paragraph (1), the beneficiary may thereafter elect to enroll in TRICARE Standard at any time in accordance with a contract described in subsection (a)(2)(A).

(3)

Residence at time of election

An affected eligible beneficiary may not make the one-time election under paragraph (1) if, at the time of such election, the beneficiary does not reside in a ZIP code that is in a region described in subsection (c)(1)(B).

.

712.

Cooperative health care agreements between the military departments and non-military health care entities

Section 713 of the National Defense Authorization Act of 2010 (Public Law 111–84; 10 U.S.C. 1073 note) is amended—

(1)

in subsection (a), by striking Secretary of Defense and inserting Secretary concerned;

(2)

in subsection (b)—

(A)

by striking Secretary shall and inserting Secretary concerned shall;

(B)

in paragraph (1)(A), by inserting if the Secretary establishing such agreement is the Secretary of Defense before the semicolon; and

(C)

in paragraph (3), by inserting or the military department concerned after the Department of Defense; and

(3)

by adding at the end the following new subsection:

(e)

Secretary concerned defined

In this section, the term Secretary concerned means—

(1)

the Secretary of a military department; or

(2)

the Secretary of Defense.

.

713.

Limitation on availability of funds for integrated electronic health record program

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for procurement or research, development, test, and evaluation for the Department of Defense for the integrated electronic health record program, not more than 75 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees a report detailing an analysis of alternatives for the plan of the Secretary to proceed with such program.

(b)

Matters included

The report under subsection (a) shall include the following:

(1)

A description of the key performance requirements for the integrated electronic health record program capability.

(2)

An analysis of alternatives for how to acquire and implement an integrated electronic health record capability that meets such requirements.

(3)

An assessment of the budgetary resources and timeline required for each of the evaluated alternatives.

(4)

A recommendation by the Secretary with respect to the alternative preferred by the Secretary.

714.

Pilot program on increased third-party collection reimbursements in military medical treatment facilities

(a)

Pilot program

(1)

In general

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

(2)

Processes described

The processes described in this paragraph are revenue-cycle management processes, including cash-flow management and accounts-receivable processes.

(b)

Requirements

In carrying out the pilot program under subsection (a)(1), the Secretary shall—

(1)

identify and analyze the best practice option, including commercial best practices, with respect to the processes described in subsection (a)(2) that are used in nonmilitary health care facilities; and

(2)

conduct a cost-benefit analysis to assess measurable results of the pilot program, including an analysis of—

(A)

the different processes used in the pilot program;

(B)

the amount of third-party collections that resulted from such processes;

(C)

the cost to implement and sustain such processes; and

(D)

any other factors the Secretary determines appropriate to assess the pilot program.

(c)

Locations

The Secretary shall carry out the pilot program under subsection (a)(1)—

(1)

at military installations that have a military medical treatment facility with inpatient and outpatient capabilities;

(2)

at a number of such installations at different military departments that the Secretary determines sufficient to fully assess the results of the pilot program.

(d)

Duration

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

(e)

Report

Not later than 180 days after completing the pilot program under subsection (a)(1), the Secretary shall submit to the congressional defense committees a report describing the results of the program, including—

(1)

a comparison of—

(A)

the processes described in subsection (a)(2) that were used in the military medical treatment facilities participating in the program; and

(B)

the third-party collection processes used by military medical treatment facilities not included in the program;

(2)

a cost analysis of implementing the processes described in subsection (a)(2) for third-party collections at military medical treatment facilities; and

(3)

an assessment of the program, including any recommendations to improve third-party collections.

C

Other Matters

721.

Display of budget information for embedded mental health providers of the reserve components

(a)

In general

Chapter 9 of title 10, United States Code, is amended by adding at the end the following new section:

236.

Embedded mental health providers of the reserve components: display of budget information

The Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense, a budget justification display with respect to embedded mental health providers within each reserve component, including the amount requested for each such component.

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(b)

Clerical amendment

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

236. Embedded mental health providers of the reserve components: display of budget information.

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722.

Authority of Uniformed Services University of Health Sciences to enter into contracts and agreements and make grants to other nonprofit entities

Section 2113(g)(1) of title 10, United States Code, is amended—

(1)

in subparagraph (B)—

(A)

by inserting , or any other nonprofit entity after Military Medicine; and

(B)

by inserting , or nonprofit entity, after such Foundation; and

(2)

in subparagraph (C)—

(A)

by inserting , or any other nonprofit entity, after Military Medicine; and

(B)

by inserting , or nonprofit entity, after such foundation.

723.

Mental health support for military personnel and families

The Secretary of Defense may carry out collaborative programs to—

(1)

respond to the escalating suicide rates and combat stress related arrest rates of members of the Armed Forces; and

(2)

train active duty members to recognize and respond to combat stress disorder, suicide risk, substance addiction, risk-taking behaviors, and family violence.

724.

Research regarding hydrocephalus

In conducting the Peer Reviewed Medical Research Program, the Secretary of Defense may consider selecting medical research projects relating to hydrocephalus.

725.

Traumatic brain injury research

The Secretary of Defense shall carry out research, development, test, and evaluation activities with respect to traumatic brain injury and psychological health, including activities regarding drug development to halt neurodegeneration following traumatic brain injury.

VIII

Acquisition Policy, Acquisition Management, and Related Matters

A

Acquisition Policy and Management

801.

Modification of reporting requirement for Department of Defense business system acquisition programs when initial operating capability is not achieved within five years of Milestone A approval

(a)

Submission to pre-certification authority

Subsection (b) of section 811 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2316; 10 U.S.C. 2222 note) is amended by striking the system shall be deemed to have undergone and all that follows through the period and inserting the appropriate official shall report such failure, along with the facts and circumstances surrounding the failure, to the appropriate pre-certification authority for that system under section 2222 of title 10, United States Code, and the information so reported shall be considered by the pre-certification authority in the decision whether to recommend certification of obligations under that section..

(b)

Covered systems

Subsection (c) of such section is amended—

(1)

by striking 3542(b)(2) of title 44 and inserting section 2222(j)(2) of title 10; and

(2)

by inserting , and that is not designated in section 2445a of title 10, United States Code, as a major automated information system program or an other major information technology investment program before the period at the end.

(c)

Updated references to DOD issuances

Subsection (d) of such section is amended—

(1)

in paragraph (1), by striking Department of Defense Instruction 5000.2 and inserting Department of Defense Directive 5000.01; and

(2)

in paragraph (2), by striking Department of Defense Instruction 5000.2, dated May 12, 2003 and inserting Department of Defense Instruction 5000.02, dated December 3, 2008.

802.

Enhanced transfer of technology developed at Department of Defense laboratories

(a)

Definitions

As used in this section:

(1)

The term military department has the meaning provided in section 101 of title 10, United States Code.

(2)

The term DOD laboratory or laboratory means any facility or group of facilities that—

(A)

is owned, leased, operated, or otherwise used by the Department of Defense; and

(B)

meets the definition of laboratory as provided in subsection (d)(2) of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).

(b)

Authority

(1)

In general

The Secretary of Defense and the Secretary of a military department each may authorize the heads of DOD laboratories to grant nonexclusive, exclusive, or partially exclusive licenses, royalty free or for royalties or for rights to other intellectual property, for computer software and its related documentation developed at a DOD laboratory, but only if—

(A)

the computer software and related documentation would be a trade secret under the meaning of section 552(b)(4) of title 5, United States Code, if the information had been obtained from a non-Federal party;

(B)

the public is notified of the availability of the software and related documentation for licensing and interested parties have a fair opportunity to submit applications for licensing;

(C)

such licensing activities and licenses comply with the requirements under section 209 of title 35, United States Code; and

(D)

the software originally was developed to meet the military needs of the Department of Defense.

(2)

Protections against unauthorized disclosure

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

(c)

Royalties

(1)

Use of royalties

Except as provided in paragraph (2), any royalties or other payments received by the Department of Defense or a military department from licensing computer software or documentation under paragraph (b)(1) shall be retained by the Department of Defense or the military department and shall be disposed of as follows:

(A)
(i)

The Department of Defense or the military department shall pay each year the first $2,000, and thereafter at least 15 percent, of the royalties or other payments, to be divided among the employees who developed the computer software.

(ii)

The Department of Defense or the military department may provide appropriate lesser incentives, from the royalties or other payments, to laboratory employees who are not developers of such computer software but who substantially increased the technical value of the software.

(iii)

The Department of Defense or the military department shall retain the royalties and other payments received until it makes payments to employees of a DOD laboratory under clause (i) or (ii).

(iv)

The Department of Defense or the military department may retain an amount reasonably necessary to pay expenses incidental to the administration and distribution of royalties or other payments under this section by an organizational unit of the Department of Defense or military department other than its laboratories.

(B)

The balance of the royalties or other payments shall be transferred by the Department of Defense or the military department to its laboratories, with the majority share of the royalties or other payments going to the laboratory where the development occurred. The royalties or other payments so transferred to any DOD laboratory may be used or obligated by that laboratory during the fiscal year in which they are received or during the 2 succeeding fiscal years—

(i)

to reward scientific, engineering, and technical employees of the DOD laboratory, including developers of sensitive or classified technology, regardless of whether the technology has commercial applications;

(ii)

to further scientific exchange among the laboratories of the agency;

(iii)

for education and training of employees consistent with the research and development missions and objectives of the Department of Defense, military department, or DOD laboratory, and for other activities that increase the potential for transfer of the technology of the laboratories;

(iv)

for payment of expenses incidental to the administration and licensing of computer software or other intellectual property made at that DOD laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for intellectual property management and licensing services; or

(v)

for scientific research and development consistent with the research and development missions and objectives of the DOD laboratory.

(C)

All royalties or other payments retained by the Department of Defense, military department, or DOD laboratory after payments have been made pursuant to subparagraphs (A) and (B) that are unobligated and unexpended at the end of the second fiscal year succeeding the fiscal year in which the royalties and other payments were received shall be paid into the Treasury of the United States.

(2)

Exception

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

(3)

Status of payments to employees

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

(d)

Information in report

The report required by section 2515(d) of title 10, United States Code, shall include information regarding the implementation and effectiveness of this section.

(e)

Expiration

The authority provided in this section shall expire on December 31, 2018.

803.

Extension of limitation on aggregate annual amount available for contract services

Section 808 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1489) is amended—

(1)

by striking fiscal year 2012 or 2013 each place it appears and inserting fiscal year 2012, 2013, 2014 or 2015; and

(2)

by striking fiscal years 2012 and 2013 each place it appears and inserting fiscal years 2012, 2013, 2014, and 2015.

B

Amendments to General Contracting Authorities, Procedures, and Limitations

811.

Additional contractor responsibilities in regulations relating to detection and avoidance of counterfeit electronic parts

Section 818(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1493; 10 U.S.C. 2302 note) is amended—

(1)

in clause (i), by inserting electronic after avoid counterfeit; and

(2)

in clause (ii), by striking were provided and inserting the following:

were—

(I)

procured from an original manufacturer or its authorized dealer or from a trusted supplier in accordance with regulations described in paragraph (3); or

(II)

provided

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812.

Amendments relating to detection and avoida