< Back to S. 1197 (113th Congress, 2013–2015)

Text of the National Defense Authorization Act for Fiscal Year 2014

This bill was introduced on June 20, 2013, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 20, 2013 (Placed on Calendar in the Senate).

Source: GPO

II

Calendar No. 91

113th CONGRESS

1st Session

S. 1197

[Report No. 113–44]

IN THE SENATE OF THE UNITED STATES

June 20, 2013

, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar

A BILL

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

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.

Sec. 4. Budgetary effects of this Act.

DIVISION A—Department of Defense Authorizations

TITLE I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle C—Navy Programs

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

Sec. 122. CVN–78 class aircraft carrier program.

Sec. 123. Repeal of requirements relating to procurement of future surface combatants.

Sec. 124. Modification of requirements to sustain Navy airborne intelligence, surveillance, and reconnaissance capabilities.

Sec. 125. Littoral Combat Ship.

Subtitle D—Air Force Programs

Sec. 131. Tactical airlift fleet of the Air Force.

Sec. 132. Modification of limitations on retirement of B–52 bomber aircraft.

Sec. 133. Repeal of requirement for maintenance of certain retired KC–135E aircraft.

Sec. 134. Prohibition of procurement of unnecessary C–27J aircraft by the Air Force.

Subtitle E—Joint and Multiservice Matters

Sec. 151. Multiyear procurement authority for C–130J aircraft.

Sec. 152. Sense of Senate on the United States helicopter industrial base.

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. Conventional Prompt Global Strike program.

Sec. 212. Modification of requirements on biennial strategic plan for the Defense Advanced Research Projects Agency.

Sec. 213. Extension of authority for program to award prizes for advanced technology achievements.

Sec. 214. Five-year extension of pilot program to include technology protection features during research and development of certain defense systems.

Sec. 215. Extension of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

Sec. 216. Sustainment or replacement of Blue Devil Intelligence, Surveillance, and Reconnaissance System.

Subtitle C—Missile Defense Programs

Sec. 231. Homeland ballistic missile defense.

Sec. 232. Regional ballistic missile defense.

Sec. 233. Missile defense cooperation with Russia.

Sec. 234. Additional missile defense radar for the protection of the United States homeland.

Sec. 235. Evaluation of options for future ballistic missile defense sensor architectures.

Sec. 236. Prohibition on the use of funds for the MEADS program.

Subtitle D—Reports and Other Matters

Sec. 251. Annual Comptroller General of the United States report on the acquisition program for the VXX Presidential Helicopter.

TITLE III—Operation and Maintenance

Subtitle A—Authorization of appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Logistics and sustainment

Sec. 311. Sustainment of critical manufacturing capabilities within Army arsenals.

Sec. 312. Strategic policy for prepositioned materiel and equipment.

Sec. 313. Extension and modification of authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes.

Subtitle C—Readiness

Sec. 321. Modification of authorities on prioritization of funds for equipment readiness and strategic capability.

Sec. 322. Strategic policy for the retrograde, reconstitution, and replacement of operating forces used to support overseas contingency operations.

Subtitle D—Reports

Sec. 331. Strategy for improving asset visibility and in-transit visibility.

Sec. 332. Changes to quarterly reports on personnel and unit readiness.

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

Sec. 334. Modification of annual corrosion control and prevention reporting requirements.

Subtitle E—Limitations and extension of authority

Sec. 341. Limitation on funding for United States Special Operations Command National Capital Region.

Sec. 342. Limitation on funding for Regional Special Operations Coordination Centers.

Sec. 343. Limitation on availability of funds for Trans Regional Web Initiative (TRWI).

Subtitle F—Other matters

Sec. 351. Revised policy on ground combat and camouflage utility uniforms.

Sec. 352. Authorization to institute a centralized, automated mail redirection system to improve the delivery of absentee ballots to military personnel serving outside the United States.

TITLE IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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. Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer.

Subtitle B—Reserve Component Management

Sec. 506. Information to be provided to boards considering officers for selective early removal from the reserve active-status list.

Sec. 507. Removal of restrictions on the transfer of officers between the active and inactive National Guard.

Sec. 508. Limitation on certain cancellations of deployment of reserve component units within 180 days of scheduled date of deployment.

Sec. 509. National Guard Youth Challenge Program.

Subtitle C—General Service Authorities

Sec. 511. Expansion and enhancement of authorities relating to protected communications of members of the Armed Forces and prohibited retaliatory actions.

Sec. 512. Enhancement of protection of rights of conscience of members of the Armed Forces and chaplains of such members.

Sec. 513. Department of Defense Inspector General reports on compliance with requirements for the protection of rights of conscience of members of the Armed Forces and their chaplains.

Subtitle D—Member Education and Training

Sec. 521. Authority for joint professional military education Phase II instruction and credit to be offered and awarded through senior-level course of School of Advanced Military Studies of the United States Army Command and General Staff College.

Sec. 522. Authority for Uniformed Services University of the Health Sciences to support undergraduate and other medical education and training programs for military medical personnel.

Sec. 523. Expansion of eligibility for associate degree programs under the Community College of the Air Force.

Sec. 524. Additional requirements for approval of educational programs for purposes of certain educational assistance under laws administered by the Secretary of Defense.

Sec. 525. Enhancement of mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses.

Sec. 526. Coverage of military occupational specialities relating to military information technology under pilot program on receipt of civilian credentials for skills required for military occupational specialties.

Sec. 527. Sense of Senate on the Troops-to-Teachers Program.

Sec. 528. Conforming amendment relating to renaming of North Georgia College and State University as University of North Georgia.

Subtitle E—Sexual Assault Prevention and Response and Military Justice Matters

PART I—Sexual Assault Prevention and Response

Sec. 531. Prohibition on service in the Armed Forces by individuals who have been convicted of certain sexual offenses.

Sec. 532. Temporary administrative reassignment or removal of a member of the Armed Forces on active duty who is accused of committing a sexual assault or related offense.

Sec. 533. Issuance of regulations applicable to the Coast Guard regarding consideration of request for permanent change of station or unit transfer by victim of sexual assault.

Sec. 534. Inclusion and command review of information on sexual-related offenses in personnel service records of members of the Armed Forces.

Sec. 535. Enhanced responsibilities of Sexual Assault Prevention and Response Office for Department of Defense sexual assault prevention and response program.

Sec. 536. Comprehensive review of adequacy of training for members of the Armed Forces on sexual assault prevention and response.

Sec. 537. Availability of Sexual Assault Response Coordinators for members of the National Guard and the Reserves.

Sec. 538. Retention of certain forms in connection with Restricted Reports and Unrestricted Reports on sexual assault involving members of the Armed Forces.

Sec. 539. Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces.

Sec. 540. Sense of Congress on commanding officer responsibility for command climate free of retaliation.

Sec. 541. Commanding officer action on reports on sexual offenses involving members of the Armed Forces.

Sec. 542. Department of Defense Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault.

Sec. 543. Advancement of submittal deadline for report of independent panel on assessment of military response systems to sexual assault.

Sec. 544. Assessment of clemency in the military justice system and of database of alleged offenders of sexual assault as additional duties of independent panel on review and assessment of systems to respond to sexual assault cases.

Sec. 545. Assessment of provisions and proposed provisions of law on sexual assault prevention and response as additional duties of independent panels for review and assessment of Uniform Code of Military Justice and judicial proceedings of sexual assault cases.

Sec. 546. Assessment of compensation and restitution of victims of offenses under the Uniform Code of Military Justice as additional duty of independent panel on review and assessment of judicial proceedings of sexual assault cases.

PART II—Related Military Justice Matters

Sec. 551. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes.

Sec. 552. Review of decisions not to refer charges of certain sexual offenses to trial by court-martial.

Sec. 553. Defense counsel interview of complaining witnesses in presence of trial counsel or outside counsel.

Sec. 554. Mandatory discharge or dismissal for certain sex-related offenses under the Uniform Code of Military Justice and trial of such offenses by general courts-martial.

Sec. 555. Limitation on authority of convening authority to modify findings of a court-martial.

Sec. 556. Participation by complaining witnesses in clemency phase of courts-martial process.

Sec. 557. Secretary of Defense report on modifications to the Uniform Code of Military Justice to prohibit sexual acts and contacts between military instructors and trainees.

Sec. 558. Sense of Senate on disposition of charges involving certain sexual misconduct offenses under the Uniform Code of Military Justice through courts-martial.

Sec. 559. Sense of Senate on the discharge in lieu of court-martial of members of the Armed Forces who commit sexual-related offenses.

PART III—Other Military Justice and Legal Matters

Sec. 561. Modification of eligibility for appointment as Judge on the United States Court of Appeals for the Armed Forces.

Sec. 562. Repeal of the offense of consensual sodomy under the Uniform Code of Military Justice.

Sec. 563. Prohibition of retaliation against members of the Armed Forces for reporting a criminal offense.

Sec. 564. Extension of crime victims' rights to victims of offenses under the Uniform Code of Military Justice.

Sec. 565. Modification of Manual for Courts-Martial to eliminate factor relating to character and military service of the accused in rule on initial disposition of offenses.

Subtitle F—Defense Dependents' Education and Military Family Readiness Matters

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. Impact aid for children with severe disabilities.

Subtitle G—Decorations and Awards

Sec. 581. Matters relating to Medals of Honor and other medals of high precedence for members of the Armed Forces.

Sec. 582. Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll.

Sec. 583. Authority for award of the Distinguished Service Cross to Robert F. Keiser for valor during the Korean War.

Sec. 584. Authority for award of the Distinguished Service Cross to Sergeant First Class Patrick N. Watkins, Jr., for acts of valor during the Vietnam War.

Subtitle H—Other Matters

Sec. 591. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing.

Sec. 592. Expansion of privileged information authorities to debriefing reports of certain recovered persons who were never placed in a missing status.

TITLE VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2014 increase in military basic pay.

Sec. 602. Repeal of authority relating to commencement of basic pay for members of the National Guard called into Federal service for less than 30 days.

Sec. 603. 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. Correction of citation for extension of reimbursement authority for travel expenses for inactive-duty training outside of normal commuting distance and additional one-year extension.

Sec. 617. Expansion to all reserve components of stipend for registered nurses in critical specialties under health professions stipend program.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Technical and standardizing amendments to Department of Defense travel and transportation authorities in connection with reform of such authorities.

Subtitle D—Disability, Retired Pay, and Survivor Benefits

Sec. 641. Clarification of prevention of retired pay inversion in the case of members whose retired pay is computed using high-three.

Sec. 642. Effect on division of retired pay of election to receive combat-related special compensation after previous election to receive concurrent retirement and disability compensation.

Sec. 643. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support.

Sec. 644. Periodic notice to members of the Ready Reserve on early retirement credit earned for significant periods of active Federal status or active duty.

Sec. 645. Preservation of retiree dependent status for certain dependents upon death or permanent incapacitation of the retired member on whom dependent status is based.

Subtitle E—Military Lending Matters

Sec. 661. Enhanced role for the Department of Justice under the Military Lending Act.

Subtitle F—Other Matters

Sec. 671. Authority to provide certain expenses for care and disposition of human remains that were retained by the Department of Defense for forensic pathology investigation.

Sec. 672. Extension of ongoing pilot programs under temporary Army incentive to provide additional recruitment incentives.

TITLE VII—Health Care Provisions

Subtitle B—Health Care Administration

Sec. 711. Pilot program on increased collection of third-party reimbursements for health care services provided in military medical treatment facilities.

Sec. 712. Sense of Senate on implementation of integrated electronic health records for the Department of Defense and the Department of Veterans Affairs.

Subtitle C—Reports and Other Matters

Sec. 721. Report on provision of advanced prosthetics and orthotics to members of the Armed Forces and veterans.

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

Subtitle A—Acquisition Policy and Management

Sec. 801. Restatement and revision of requirements applicable to multiyear defense acquisitions to be specifically authorized by law.

Sec. 802. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.

Sec. 803. Report on program manager training and experience.

Subtitle B—Provisions Relating to Major Defense Acquisition Programs

Sec. 821. Synchronization of cryptographic systems for major defense acquisition programs.

Sec. 822. Assessment of dedicated control system before Milestone B approval of major defense acquisition programs constituting a space program.

Sec. 823. Additional responsibility for product support managers for major weapon systems.

Sec. 824. Comptroller General of the United States review of Department of Defense processes for the acquisition of weapon systems.

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

Sec. 841. Maximum amount of allowable costs of compensation of contractor employees.

Sec. 842. Implementation by Department of Defense of certain recommendations of the Comptroller General of the United States on oversight of pensions offered by Department contractors.

Subtitle D—Other Matters

Sec. 861. Extension of prohibition on contracting with the enemy in the United States Central Command theater of operations.

Sec. 862. Prohibition on contracting with the enemy.

Sec. 863. Report on the elimination of improper payments.

TITLE IX—Department of Defense Organization and Management

Subtitle A—Department of Defense Management

Sec. 901. Under Secretary of Defense for Management.

Sec. 902. Supervision of Command Acquisition Executive of the United States Special Operations Command by the Under Secretary of Defense for Acquisition, Technology, and Logistics.

Sec. 903. Council on Oversight of the National Leadership Command, Control, and Communications System.

Sec. 904. Transfer of administration of Ocean Research Advisory Panel from Department of the Navy to National Oceanic and Atmospheric Administration.

Sec. 905. Streamlining of Department of Defense management headquarters.

Sec. 906. Update of statutory statement of functions of the Chairman of the Joint Chiefs of Staff relating to doctrine, training, and education.

Sec. 907. Modification of reference to major Department of Defense headquarters activities instruction.

Subtitle B—Space Activities

Sec. 921. Limitation on use of funds for Space Protection Program.

Subtitle C—Intelligence-Related Matters

Sec. 931. Personnel security.

Sec. 932. Reports on clandestine human intelligence collection.

Sec. 933. Navy Broad-Area Maritime Surveillance aircraft.

Sec. 934. Plan for transfer of Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft.

Subtitle D—Cyberspace-Related Matters

Sec. 941. Authorities, capabilities, and oversight of the United States Cyber Command.

Sec. 942. Joint software assurance center for the Department of Defense.

Sec. 943. Supervision of the acquisition of cloud computing capabilities for intelligence analysis.

Sec. 944. Cyber vulnerabilities of Department of Defense weapon systems and tactical communications systems.

Sec. 945. Strategy on use of the reserve components of the Armed Forces to support Department of Defense cyber missions.

Sec. 946. Control of the proliferation of cyber weapons.

Sec. 947. Integrated policy to deter adversaries in cyberspace.

Sec. 948. Centers of Academic Excellence for Information Assurance matters.

TITLE X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Department of Defense Readiness Restoration Fund.

Subtitle B—Counter-Drug Activities

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

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

Sec. 1013. Extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Modification of requirements for annual long-range plan for the construction of naval vessels.

Sec. 1022. Report on naval vessels and the Force Structure Assessment.

Sec. 1023. Repeal of policy relating to propulsion systems of any new class of major combatant vessels of the strike forces of the United States Navy.

Sec. 1024. Clarification of sole ownership resulting from ship donations at no cost to the Navy.

Subtitle D—Counterterrorism

Sec. 1031. Transfers to foreign countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1032. Authority to temporarily transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States for emergency or critical medical treatment.

Sec. 1033. Limitation on the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1034. Clarification of procedures for use of alternate members on military commissions.

Subtitle E—Nuclear Forces

Sec. 1041. Modification of responsibilities and reporting requirements of Nuclear Weapons Council.

Sec. 1042. Modification of deadline for report on plan for nuclear weapons stockpile and nuclear weapons complex.

Sec. 1043. Cost estimates and comparisons relating to interoperable warhead.

Sec. 1044. Sense of Congress on ensuring the modernization of United States nuclear forces.

Sec. 1045. Readiness and flexibility of intercontinental ballistic missile force.

Subtitle F—Miscellaneous Authorities and Limitations

Sec. 1051. National security spectrum strategy.

Sec. 1052. Department of Defense representation in dispute resolution regarding surrender of Department of Defense bands of electromagnetic frequencies.

Sec. 1053. Sense of Senate on parental rights of members of the Armed Forces in child custody determinations.

Subtitle G—Studies and Reports

Sec. 1061. Repeal and modification of reporting requirements.

Sec. 1062. Report on plans for the disposition of the Mine Resistant Ambush Protected vehicle fleet.

Sec. 1063. Report on foreign language support contracts for the Department of Defense.

Sec. 1064. Civil Air Patrol.

Sec. 1065. Eagle Vision system.

Subtitle H—Other Matters

Sec. 1081. Extension of Ministry of Defense Advisor Program.

TITLE XI—Civilian Personnel Matters

Sec. 1101. Extension of voluntary reduction-in-force authority for civilian employees of the Department of Defense.

Sec. 1102. Extension of authority to make lump sum severance payments to Department of Defense employees.

Sec. 1103. Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals.

Sec. 1104. Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the Armed Forces.

Sec. 1105. Amount of educational assistance under Science, Mathematics, and Research for Transformation Defense Education Program.

Sec. 1106. Flexibility in employment and compensation of civilian faculty at certain additional Department of Defense schools.

Sec. 1107. Temporary authority for direct appointment to certain positions at Department of Defense research and engineering facilities.

Sec. 1108. Modernization of titles of nonappropriated fund instrumentalities for purposes of certain civil service laws.

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. Revisions to Global Security Contingency Fund authority.

Sec. 1203. Training of general purpose forces of the United States Armed Forces with military and other security forces of friendly foreign countries.

Sec. 1204. United States counterterrorism assistance and cooperation in North Africa.

Sec. 1205. Assistance to the Government of Jordan for border security operations.

Sec. 1206. Authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction.

Sec. 1207. Support of foreign forces participating in operations to disarm the Lord's Resistance Army.

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

Sec. 1211. Commanders’ Emergency Response Program in Afghanistan.

Sec. 1212. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1213. One-year extension and modification of authority to use funds for reintegration activities in Afghanistan.

Sec. 1214. One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan.

Sec. 1215. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1216. Extension of logistical support for coalition forces supporting certain United States military operations.

Sec. 1217. Extension and improvement of the Iraqi special immigrant visa program.

Sec. 1218. Extension and improvement of the Afghan special immigrant visa program.

Sec. 1219. Sense of Congress on commencement of new long-term nation building or large-scale infrastructure development projects in Afghanistan.

Subtitle C—Reports and Other Matters

Sec. 1231. Two-year extension of authorization for non-conventional assisted recovery capabilities.

Sec. 1232. Element on 5th generation fighter program in annual report on military and security developments involving the People’s Republic of China.

Sec. 1233. Prohibition on use of funds to enter into contracts or agreements with Rosoboronexport.

Sec. 1234. Modification of statutory references to former North Atlantic Treaty Organization support organizations and related agreements.

Sec. 1235. Technical correction relating to funding for NATO Special Operations Headquarters.

Sec. 1236. Strategy to prevent the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region.

TITLE XIII—Cooperative threat reduction

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Extension of authority for utilization of contributions to the Cooperative Threat Reduction program.

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—Other Matters

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home.

Sec. 1422. 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.

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. National Defense Sealift Fund.

Sec. 1508. Chemical Agents and Munitions Destruction, Defense.

Sec. 1509. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1510. Defense Inspector General.

Sec. 1511. Defense Health program.

Subtitle B—Financial Matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Subtitle C—Other Matters

Sec. 1531. Joint Improvised Explosive Device Defeat Fund.

Sec. 1532. Afghanistan Security Forces Fund.

Sec. 1533. Extension of authority for Task Force for Business and Stability Operations in Afghanistan.

DIVISION B—Military construction authorizations

Sec. 2001. Short title.

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

TITLE XXI—Army military construction

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

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Modification of authority to carry out certain fiscal year 2011 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 2004 project.

Sec. 2107. Extension of authorizations of certain fiscal year 2011 projects.

Sec. 2108. Extension of authorizations of certain fiscal year 2010 projects.

Sec. 2109. Limitation on construction of cadet barracks at United States Military Academy, New York.

TITLE XXII—Navy military construction

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2012 project.

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

Sec. 2207. One-year extension of authorizations of certain fiscal year 2011 project.

Sec. 2208. Two-year extension of authorizations of certain fiscal year 2011 project.

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. Extension of authorizations 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 authorization of certain fiscal year 2011 project.

Sec. 2613. Extension of authorization of certain fiscal year 2011 project.

TITLE XXVII—Base realignment and closure activities

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

Sec. 2702. Precondition for any future base realignment and closure round.

Sec. 2703. Report on 2005 base closure and realignment joint basing initiative.

TITLE XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing Changes

Sec. 2801. Modification of authorities to fund military construction through payments-in-kind and to use residual value payments-in-kind.

Sec. 2802. Extension and modification 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. Authority for acceptance of funds to cover administrative expenses associated with real property leases and easements.

Sec. 2812. Application of cash payments received for utilities and services.

Sec. 2813. Modification of authority to enter into long-term contracts for receipt of utility services as consideration for utility systems conveyances.

Sec. 2814. Acquisition of real property at Naval Base Ventura County, California.

Subtitle C—Provisions Related to Asia-Pacific Military Realignment

Sec. 2821. Realignment of Marines Corps forces in Asia-Pacific Region.

Sec. 2822. Modification of reporting requirements relating to Guam realignment.

Subtitle D—Land Conveyances

Sec. 2831. Land conveyance Joint Base Pearl Harbor Hickam, Hawaii.

Sec. 2832. Mt. Soledad Veterans Memorial transfer.

Subtitle E—Other matters

Sec. 2841. Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies.

DIVISION C—Department of Energy national security authorizations and other authorizations

TITLE XXXI—Department of Energy national security programs

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Establishment of Director for Cost Estimating and Program Evaluation in National Nuclear Security Administration.

Sec. 3112. Plan for improvement and integration of financial management of nuclear security enterprise.

Sec. 3113. Certification of security measures at atomic energy defense facilities.

Sec. 3114. Plan for incorporating exascale computing into the stockpile stewardship program.

Sec. 3115. Integrated plutonium strategy.

Sec. 3116. Authorization of modular building strategy as an alternative to the replacement project for the Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico.

Sec. 3117. Increase in construction design threshold.

Sec. 3118. Clarification of form of submission of cost estimates on life extension programs and new nuclear facilities.

Subtitle C—Reports

Sec. 3121. Assessment of nuclear nonproliferation programs of the National Nuclear Security Administration.

Sec. 3122. Modification of reviews relating to cost-benefit analyses of management and operating contracts of the National Nuclear Security Administration.

Sec. 3123. Modification of deadline for certain reports relating to program on scientific engagement for nonproliferation.

Sec. 3124. Modification of certain reports on cost containment for uranium capabilities replacement project.

Sec. 3125. Submission of interim report of Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise.

Subtitle D—Technical corrections

Sec. 3131. Technical corrections to the National Nuclear Security Administration Act.

Sec. 3132. Technical corrections to the Atomic Energy Defense Act.

TITLE XXXII—Defense Nuclear Facilities Safety Board

Sec. 3201. Authorization.

TITLE XXXV—Maritime Administration

Sec. 3501. Maritime Administration.

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

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

4.

Budgetary effects of this Act

The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

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.

C

Navy Programs

121.

Multiyear procurement authority for E–2D aircraft

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract or contracts, beginning with the fiscal year 2014 program year, for the procurement of E–2D aircraft for the Department of the Navy.

(b)

Condition for out-year contract payments

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

122.

CVN–78 class aircraft carrier program

(a)

Cost limitation baseline for lead ship

Subsection (a)(1) of section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104) is amended by striking $10,500,000,000 and inserting $12,887,000,000.

(b)

Additional factor for adjustment of limitation amount

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

(7)

The amounts of increases or decreases in costs of that ship that are attributable to the shipboard test program.

.

(c)

Hull number

Such section is further amended in subsections (a)(1), (a)(2), and (b), by striking CVN–21 and inserting CVN–78.

(d)

Requirements for CVN–79

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

(e)

Requirements for CVN–79

(1)

Quarterly cost estimate

The Secretary of the Navy shall submit to the congressional defense committees on a quarterly basis a report setting forth the most current cost estimate for CVN–79 (as estimated by the program manager). Each cost estimate shall include the current percentage of completion of the program, the total costs incurred, and an estimate of costs at completion for ship construction, government-furnished equipment, and engineering and support costs.

(2)

Limitation

If any report under paragraph (1) includes a cost estimate for CVN–79 in excess of the amount specified in subsection (a)(2), the Secretary may not make any payment of fees under any cost-type or incentive fee contract associated with CVN–79 until the program manager determines that the cost estimate for CVN–79 no longer exceeds the amount specified in subsection (a)(2).

.

(e)

Conforming amendment

The heading of such section is amended to read as follows:

122.

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

.

123.

Repeal of requirements relating to procurement of future surface combatants

Section 125 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2214; 10 U.S.C. 7291 note) is repealed.

124.

Modification of requirements to sustain Navy airborne intelligence, surveillance, and reconnaissance capabilities

Section 112 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4152) is amended—

(1)

by striking subsections (b) and (c); and

(2)

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

(b)

Requirement To maintain capabilities

(1)

Sustainment of US Pacific Command

The Secretary of the Navy shall maintain sufficient numbers of EP–3 Airborne Reconnaissance Integrated Electronic System II (ARIES II) Spiral 3 aircraft and Special Projects Aircraft version P909 to support the wartime operational plans of the United States Pacific Command using realistic basing assumptions.

(2)

Sustainment of EP–3 aircraft for Global Force Management Allocation Plan

The Secretary shall maintain sufficient numbers of EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft and associated personnel to sustain five such aircraft for allocation to the commanders of the combatant commands under the Global Force Management Allocation Plan.

(3)

Intelligence systems

The Secretary shall—

(A)

extend the Spiral 3 Joint Common Configuration upgrade to include the twelfth EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft; and

(B)

correct electronic intelligence system obsolescence deficiencies on the EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft fleet and the Special Projects Aircraft version P909 fleet.

(4)

Requirements of combatant commands for airborne maritime ISR capabilities

The Chairman of the Joint Requirements Oversight Council shall coordinate with the commanders of the combatant commands (and, in particular, with the Commander of the United States Pacific Command and the Commander of the United States Special Operations Command) to determine requirements for the intelligence, surveillance, and reconnaissance capabilities and capacity to be provided by the Special Projects Aircraft version P909 fleet.

(5)

Sustainment of Special Projects Aircraft

The Secretary shall sustain sufficient numbers of Special Projects Aircraft version P909 and associated personnel to satisfy any requirements determined by the Chairman of the Joint Requirements Oversight Council to be met through such aircraft under paragraph (4).

(6)

Termination of certain requirements

(A)

The requirements in paragraphs (1) and (2) shall expire with respect to the EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft when the multi-intelligence Broad Area Maritime System TRITON aircraft with signals intelligence capabilities equal or greater than the EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft reaches Initial Operational Capability (IOC).

(B)

The requirement in paragraph (5) shall expire when the Navy achieves Initial Operational Capability of a system providing capabilities equal to or greater than the Special Projects Aircraft version P909.

.

125.

Littoral Combat Ship

(a)

Report required

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

(b)

Elements

The report required by subsection (a) shall set forth the following:

(1)

A review of the current concept of operations of the Littoral Combat Ship and a comparison of such concept of operations with the original concept of operations of the Littoral Combat Ship.

(2)

An assessment of the ability of the Littoral Combat Ship to carry out the core missions of the Cooperative Strategy for 21st Century Seapower of the Navy.

(3)

A comparison of the combat capabilities for the three missions assigned to the Littoral Combat Ship sea frames (anti-surface warfare, mine counter measures, anti-submarine warfare) with the combat capabilities for each of such missions of the systems the Littoral Combat Ship is replacing.

(4)

An assessment of expected survivability of the Littoral Combat Ship sea frames in the context of the planned employment of the Littoral Combat Ship as described in the concept of operations.

(5)

The current status of operational testing for the sea frames and the mission modules of the Littoral Combat Ship.

(6)

An updated test and evaluation masterplan for the Littoral Combat Ship.

(7)

A review of survivability testing, modeling, and simulation conducted to date on the two sea frames of the Littoral Combat Ship.

(8)

An updated assessment of the endurance of the Littoral Combat Ship at sea with respect to maintenance, fuel use, and sustainment of crew and mission modules.

(9)

An assessment of the adequacy of current ship manning plans for the Littoral Combat Ship, and an assessment the impact of increased manning on design changes and the endurance of the Littoral Combat Ship.

(10)

A list of the casualty reports to date on each Littoral Combat Ship, including a description of the impact of such casualties on the design or ability of that Littoral Combat Ship to perform assigned missions.

(c)

Form

The report required by subsection (a) shall be submitted in classified form and unclassified form.

D

Air Force Programs

131.

Tactical airlift fleet of the Air Force

(a)

Consideration of upgrades of certain aircraft in recapitalization of fleet

The Secretary of the Air Force shall consider, as part of the recapitalization of the tactical airlift fleet of the Air Force, upgrades to legacy C–130H aircraft designed to help such aircraft meet the fuel efficiency goals of the Department of the Air Force and retention of such aircraft, as so upgraded, in the tactical airlift fleet.

(b)

Manner of upgrades

The Secretary shall ensure that upgrades to the C–130H aircraft fleet are made in a manner that is proportional to the number of C–130H aircraft in the force structure of the regular Air Force, the Air Force Reserve, and the Air National Guard.

132.

Modification of limitations on retirement of B–52 bomber aircraft

Subparagraph (C) of section 131(a)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2111), as added by section 137(a)(1)(C) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 32), is amended by striking in a common capability configuration.

133.

Repeal of requirement for maintenance of certain retired KC–135E aircraft

Section 135(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114), as amended by section 131 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4377), is repealed.

134.

Prohibition of procurement of unnecessary C–27J aircraft by the Air Force

The Secretary of the Air Force shall not obligate or expend any funds for the procurement of C-27J aircraft not already on contract as of June 1, 2013.

E

Joint and Multiservice Matters

151.

Multiyear procurement authority for C–130J aircraft

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Air Force may enter into a multiyear contract or contracts, beginning with the fiscal year 2014 program year, for the procurement of C–130J aircraft for the Department of the Air Force and the Department of the Navy.

(b)

Condition for out-year contract payments

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

152.

Sense of Senate on the United States helicopter industrial base

(a)

Findings

The Senate makes the following findings:

(1)

Armed, cargo, and utility helicopters provide the Department of Defense with critical capabilities to support operations in the air, on land, and at sea.

(2)

According to the Aerospace Industries Association of America’s 2012 Year-End Review and Forecast, the United States military aircraft manufacturing sales declined by 2.4 percent between 2011 and 2012.

(3)

According to the Aerospace Industries Association of America’s July 2012 report on the aerospace industrial base, aviation industry employment of aerospace research and development scientists and engineers numbering 140,000 in 1996 has declined to 40,000 in 2008.

(4)

Today, five corporations manufacture all United States military helicopters.

(5)

Helicopter program unpredictability and reduced defense procurement have a negative impact on the ability to recruit and retain a qualified and capable aerospace workforce thereby increasing risk for the helicopter industrial base’s ability to design, build, and support the next generation of manned and unmanned military helicopters.

(b)

Sense of senate

It is the sense of the Senate that—

(1)

armed, cargo, and utility helicopters are instrumental to the Department of Defense’s ability to execute the President’s National Security Strategy;

(2)

the Department of Defense should take into consideration the health and viability of the military helicopter industrial base in its analysis and decision making when building its annual research, development, and acquisition budget request; and

(3)

the Department of Defense and Congress should endeavor to maintain budget and program predictability in order to attract and retain a skilled workforce to ensure the technological capabilities required to sustain the preeminence of the United States military helicopter fleets.

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.

Conventional Prompt Global Strike program

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense for research, development, test, and evaluation and available for the Prompt Global Strike Capability Development program (PE #64165D8Z) for the Conventional Prompt Global Strike (CPGS) program may be obligated or expended for any activities relating to the development of a submarine-launched capability under that program until 60 days after the date on which the Under Secretary of Defense for Policy submits to the congressional defense committees a report that addresses the policy considerations concerning the ambiguity problems regarding the launch of Conventional Prompt Global Strike missiles from submarine platforms.

212.

Modification of requirements on biennial strategic plan for the Defense Advanced Research Projects Agency

(a)

Elements of strategic plan

Subsection (b) of section 2352 of title 10, United States Code, is amended—

(1)

by striking paragraph (1) and inserting the following new paragraph (1):

(1)

The strategic objectives of that agency, and the linkage between such objectives and the missions of the armed forces.

;

(2)

in paragraph (2)(A), by striking goals and inserting objectives;

(3)

by striking paragraph (3);

(4)

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

(5)

in paragraph (3), as redesignated by paragraph (4) of this subsection, by striking for the programs of that agency and inserting for programs demonstrating military systems to one or more of the armed forces.

(b)

Responsibility for submittal of plan

Subsection (c) of such section is amended by striking Secretary of Defense shall and inserting Director shall, in coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics,.

(c)

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 biennial strategic plans for the Defense Advanced Research Project Agency that are submitted under section 2352 of title 10, United States Code (as amended by this section), after that date.

213.

Extension of authority for program to award prizes for advanced technology achievements

Section 2374a(f) of title 10, United States Code, is amended by striking September 30, 2013 and inserting September 30, 2017.

214.

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 (10 U.S.C. 2358 note) is amended by striking October 1, 2015 and inserting October 1, 2020.

215.

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

Section 219(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is amended by striking September 30, 2016 and inserting September 30, 2020.

216.

Sustainment or replacement of Blue Devil Intelligence, Surveillance, and Reconnaissance System

(a)

Authority for sustainment

The Secretary of the Air Force may procure the existing Blue Devil 1 Intelligence, Surveillance, and Reconnaissance Systems (in this section referred to as Blue Devil 1 aircraft system).

(b)

Requirement for plan to replace in lieu of sustainment

If the Secretary elects not to procure Blue Devil 1 aircraft systems under subsection (a), the Secretary shall, not later than 15 days after the date of the enactment of this Act, submit to the appropriate committees of Congress a report setting forth a plan to replace the capability provided by the Blue Devil 1 aircraft system with a comparable or improved capability that effectively combines wide-area motion imagery (WAMI) and near-vertical direction finding (NVDF) on the same airborne platform to enable detection, identification, and immediate precision location of targets through signals intelligence in order to permit tracking of targets through the motion imaging system.

(c)

Requirements in achievement of replacement capability

If the Secretary elects to replace the Blue Devil 1 aircraft system, the Secretary shall—

(1)

coordinate with the Commander of the United States Special Operations Command to ensure that the replacement program for the Blue Devil 1 aircraft system meets the operational needs of the United States Special Operations Command;

(2)

coordinate with the Director of the Defense Advanced Research Projects Agency to transfer to the Air Force the technology developed under the Wide-Area Network Detection program for operational integration of wide-area motion imagery and near-vertical direction finding data for effective target detection, identification, and tracking for incorporation, as practical and appropriate, into the replacement program for the Blue Devil 1 aircraft system; and

(3)

make available, to all companies that the Secretary determines are credible potential competitors for the future provision of near-vertical direction finding capabilities to the Air Force, the Blue Moon near-vertical direction finding technology, including hardware, software, algorithms, and drawings developed by a federally funded research and development center.

(d)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(2)

the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

C

Missile Defense Programs

231.

Homeland ballistic missile defense

(a)

Findings

Congress makes the following findings:

(1)

The Ballistic Missile Defense Review of February 2010 stated as its first policy priority that the United States will continue to defend the homeland against the threat of limited ballistic missile attack and that an essential element of the United States' homeland ballistic missile defense strategy is to hedge against future uncertainties, including both the uncertainty of future threat capabilities and the technical risks inherent to our own development plans.

(2)

The United States currently has an operational Ground-based Midcourse Defense (GMD) system with 30 Ground-Based Interceptors (GBIs) deployed in Alaska and California, protecting all of the United States, including the East Coast, against the threat of limited ballistic missile attack from both North Korea and Iran. During 2013, senior military and civilian defense leaders have stated repeatedly that they have confidence in the ability of the current Ground-based Midcourse Defense system to protect the United States from limited ballistic missile attack from North Korea and Iran.

(3)

On March 15, 2013, Secretary of Defense Chuck Hagel announced a series of planned steps to enhance United States homeland ballistic missile defense, to stay ahead of the future missile threat from North Korea and Iran. These steps include the deployment of 14 additional Ground-Based Interceptors at Fort Greely, Alaska, by 2017, a nearly 50 percent increase in the number of such interceptors deployed by the United States.

(4)

In response to provocative behavior and public threats by North Korea to launch missiles at the United States, the Department of Defense took a number of actions to enhance United States homeland missile defense capabilities, including deployment of the Sea-Based X-band radar into the Pacific Ocean.

(5)

Before the March 15, 2013, announcement by Secretary of Defense Hagel, General Robert Kehler, Commander of the United States Strategic Command, testified 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. Shortly after the announcement by Secretary Hagel, General Charles Jacoby, Commander of the United States Northern Command, testified that we have the capability of limited defense right now. And I think it’s not optimum and I think that we’ve made some important steps forward in what was rolled out. And I think we need to continue to assess the threat and make sure we stay ahead of it.

(6)

As its highest near-term priority, the Missile Defense Agency is designing a correction to the problem that caused a December 2010 flight test failure of the Ground-based Midcourse Defense system using the Capability Enhancement-II (CE-II) model of exo-atmospheric kill vehicle, and plans to demonstrate the correction through flight testing, including an intercept test, before resuming production, assembly, or refurbishment of additional Capability Enhancement-II kill vehicles.

(7)

The Department of Defense has a program to improve the performance and reliability of the Ground-based Midcourse Defense system. According to Department officials, the goal of the Ground-Based Interceptor reliability program is to double the number of threat Intercontinental Ballistic Missiles (ICBMs) that the current United States inventory of Ground-Based Interceptors could defeat, thereby effectively doubling the capability of the current Ground-based Midcourse Defense system.

(8)

The Missile Defense Agency, working with the Director of Operational Test and Evaluation and with United States Strategic Command, has developed a comprehensive Integrated Master Test Plan (IMTP) for missile defense, with flight tests for the Ground-based Midcourse Defense system planned through fiscal year 2023, including salvo testing, multiple simultaneous engagement testing, and operational testing. The current test plan includes an additional intercept flight test using the Capability Enhancement-I kill vehicle, scheduled for mid-2013, to demonstrate the reliability enhancements to Ground-Based Interceptors quipped with that kill vehicle. The Director of Operational Test and Evaluation reviewed and approved the Ground-based Midcourse Defense system test plan and pace, including the plan to demonstrate the correction of the Capability Enhancement-II kill vehicle.

(9)

In May, 2013, Vice Admiral James Syring, the Director of the Missile Defense Agency, testified to Congress that he is seeking to improve the performance and reliability of the Ground-Based Interceptors, and to make the Ground-based Midcourse Defense system more operationally effective and cost-effective, including by improving its sensors, discrimination, kill assessment, and battle management. He testified that these improvements are absolutely needed and are equally important to interceptors in terms of staying ahead of the threat.

(10)

As part of its United States homeland defense hedging strategy, the Department of Defense has already decided upon or implemented a number of actions to improve the missile defense posture of the United States to stay ahead of the evolving threat of Intercontinental Ballistic Missiles from North Korea and Iran. These include the following actions:

(A)

As announced by Secretary of Defense Hagel, the Department plans to deploy 14 additional Ground-Based Interceptors at Fort Greely, Alaska, by 2017, to deploy a second AN/TPY-2 radar in Japan, and to pursue an advanced kill vehicle technology development program.

(B)

The Missile Defense Agency has completed construction of Missile Field-2 at Fort Greely, Alaska, with eight extra silos available to deploy the additional operational Ground-Based Interceptors announced by Secretary of Defense Hagel.

(C)

The Department plans to refurbish the 6 prototype silos in Missile Field-1 at Fort Greely, Alaska, to deploy the additional Ground-Based Interceptors announced by Secretary of Defense Hagel.

(D)

The Missile Defense Agency plans to deploy an in-flight interceptor communication system data terminal at Fort Drum, New York, to enhance the performance of Ground-Based Interceptors defending the eastern United States against possible future missile threats from Iran.

(E)

The Missile Defense Agency is continuing the development and testing of the two-stage Ground-Based Interceptor for possible deployment in the future, if needed.

(F)

The Missile Defense Agency plans to upgrade the early warning radars in Clear, Alaska, and Cape Cod, Massachusetts, to enhance the ability to defend the United States homeland against potential future Intercontinental Ballistic Missile threats from North Korea and Iran.

(G)

The Missile Defense Agency is evaluating sites for a possible future United States homeland ballistic missile defense interceptor site in the United States, in compliance with section 227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239), and will complete an Environmental Impact Statement for the best suited sites by early 2016, in case the President decides to proceed with the deployment of such a site.

(11)

As part of its United States homeland missile defense hedging strategy, the Department of Defense is considering additional options to enhance the future United States posture and capability to defend the homeland, including the feasibility, advisability, and affordability of deploying additional Ground-Based Interceptors beyond the 14 Ground-Based Interceptors announced by Secretary of Defense Hagel, including possibly at a missile defense site on the East Coast of the United States.

(12)

In discussing the possible benefits of a potential additional missile defense interceptor site in the United States, General Jacoby testified that exploring a third site is an important next step. What a third site gives me, whether it’s on the East Coast or an alternate location, would be increased battle space. That means increased opportunity for me to engage threats from either Iran or North Korea.

(b)

Sense of congress

It is the sense of Congress that—

(1)

it is a national priority to defend the United States homeland against the threat of limited ballistic missile attack from North Korea and Iran;

(2)

the currently deployed Ground-based Midcourse Defense system, with 30 Ground-Based Interceptors deployed in Alaska and California, provides protection of the entire United States homeland, including the East Coast, against the threat of limited ballistic missile attack from North Korea and Iran, although this capability can and should be improved;;

(3)

it is essential for the Ground-based Midcourse Defense system to achieve the levels of reliability, availability, sustainability, and operational performance that will allow it to continue providing protection of the United States homeland against limited ballistic missile attack and to stay ahead of the threat as it develops;

(4)

the Missile Defense Agency should, as its highest priority, correct the problem that caused the December 2010 Ground-based Midcourse Defense system flight test failure and demonstrate the correction through flight testing, including a successful intercept test, before resuming production of the Capability Enhancement-II kill vehicle, in order to provide confidence that the system will work as intended;

(5)

the Department of Defense should continue to enhance the performance and reliability of the Ground-based Midcourse Defense system, and enhance the capability of the Ballistic Missile Defense System (including through improved sensors, discrimination, kill assessment, exo-atmospheric kill vehicles, and battle management) to provide improved capability to defend the United States homeland against the evolving missile threats from North Korea and Iran;

(6)

the Missile Defense Agency should continue its robust, rigorous, and realistic testing of the Ground-based Midcourse Defense system, as described in the Integrated Master Test Plan, including salvo testing, multiple simultaneous engagement testing, and operational testing;

(7)

the Department of Defense has taken a number of prudent, affordable, cost-effective, and operationally significant steps to hedge against the possibility of future growth in the ballistic missile threat to the United States homeland from North Korea and Iran, including the planned deployment of 14 additional Ground-Based Interceptors; and

(8)

the Department of Defense should continue to evaluate the evolving long-range missile threat from North Korea and Iran and consider further possibilities for prudent, affordable, cost-effective, and operationally significant steps to improve the posture of the United States to defend the United States homeland against possible future growth in the threat from North Korea and Iran.

(c)

Report on potential future homeland ballistic missile defense options

(1)

Report required

Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on potential future options for enhancing United States homeland ballistic missile defense.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A description of the current assessment of the threat to the United States from long-range ballistic missiles of North Korea and Iran, and an assessment of the projected future threat through 2022, including a discussion of confidence levels and uncertainties in such threat assessment.

(B)

A description of the current United States homeland ballistic missile defense capability to defend against the current threat of limited ballistic missile attack from North Korea and Iran.

(C)

A description of planned improvements to the current United States homeland ballistic missile defense system, and the capability enhancements that would result from such planned improvements, including—

(i)

deployment of 14 additional Ground-Based Interceptors at Fort Greely, Alaska;

(ii)

missile defense upgrades of early warning radars at Clear, Alaska, and Cape Cod, Massachusetts;

(iii)

deployment of an In-Flight Interceptor Communications System Data Terminal at Fort Drum, New York; and

(iv)

improvements to the effectiveness and reliability of the Ground-Based Interceptors and the overall Ground-based Midcourse defense system.

(D)

A description of potential additional future United States homeland ballistic missile defense options, in addition to those described in subparagraph (C), if future ballistic missile threats warrant deployment of such options to increase United States homeland ballistic missile defense capabilities, including—

(i)

deployment of a missile defense interceptor site on the East Coast;

(ii)

deployment of a missile defense interceptor site in another location in the United States, other than on the East Coast;

(iii)

expansion of Missile Field-1 at Fort Greely, Alaska, to an operationally available 20-silo configuration, to permit further interceptor deployments;

(iv)

deployment of additional Ground-Based Interceptors for the Ground-based Midcourse Defense system at Fort Greely, Alaska, Vandenberg Air Force Base, California, or both;

(v)

deployment of additional missile defense sensors, including possibly an X-band radar on the East Coast or elsewhere, to enhance system tracking and discrimination;

(vi)

enhancements to the operational effectiveness, cost effectiveness, and overall performance of the Ground-based Midcourse Defense system through improvements to system reliability, discrimination, battle management, exo-atmospheric kill vehicle capability, and related functions;

(vii)

the potential for future enhancement and deployment of the Standard Missile-3 Block IIA interceptor to augment United States homeland ballistic missile defense;

(viii)

missile defense options to defend the United States homeland against ballistic missiles that could be launched from vessels on the seas around the United States, including the Gulf of Mexico, or other ballistic missile threats that could approach the United States from the south, should such a threat arise in the future; and

(ix)

any other options the Secretary considers appropriate.

(3)

Evaluation of potential options

For each option described under paragraph (2)(D), the Secretary shall provide an evaluation of the advantages and disadvantages of such option. The evaluation of each such option shall include consideration of the following:

(A)

Technical feasibility.

(B)

Operational effectiveness and utility against the projected future threat.

(C)

Cost, cost effectiveness, and affordability.

(D)

Schedule considerations.

(E)

Agility to respond to changes in future threat evolution.

(4)

Conclusions and recommendations

Based on the evaluation required by paragraph (3), the Secretary shall include in the report required by paragraph (1) such findings, conclusions, and recommendations as the Secretary considers appropriate for potential future options for United States homeland ballistic missile defense.

(5)

Form

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

232.

Regional ballistic missile defense

(a)

Findings

Congress makes the following findings:

(1)

In the introduction to the Ballistic Missile Defense Review of February 2010, Secretary of Defense Robert Gates wrote that I have made defending against near-term regional threats a top priority of our missile defense plans, programs and capabilities.

(2)

In describing the threat of regional ballistic missiles, the report of the Ballistic Missile Defense Review stated that there is no uncertainty about the existence of regional threats. They are clear and present. The threat from short-range, medium-range, and intermediate-range ballistic missiles (SRBMs, MRBMs, and IRBMs) in regions where the United States deploys forces and maintains security relationships is growing at a particularly rapid pace.

(3)

North Korea has hundreds of regional ballistic missiles, including short-range Scud missiles and medium-range Nodong missiles. North Korea also has publicly displayed, but not flight-tested, intermediate-range Musudan missiles. These regional missiles can reach United States forces and allies in South Korea and Japan, and perhaps Guam. In the spring of 2013, North Korea made public threats to use nuclear weapons and ballistic missiles against South Korea, Japan, and Guam.

(4)

In response to these threats from North Korea, the United States deployed Aegis Ballistic Missile Defense ships, armed with Standard Missile–3 interceptors, to the waters near the Korean Peninsula, and a Terminal High Altitude Area Defense (THAAD) battery to Guam. It also deployed the Sea-Based X-band missile defense radar into the Pacific Ocean to enhance United States missile defense capabilities. On March 15, 2013, Secretary of Defense Hagel announced a series of planned steps to enhance missile defense, including the deployment of a second AN/TPY–2 missile defense radar in Japan to improve regional and homeland defense against North Korean missiles. As part of their response to the provocations of North Korea, South Korea deployed vessels equipped with Aegis missile defense radars, and Japan deployed its Aegis Ballistic Missile Defense ships, equipped with Standard Missile–3 interceptors.

(5)

Iran has the largest inventory of regional ballistic missiles in the Middle East, with hundreds of missiles that can reach as far as southeastern Europe and all of the Middle East, including Israel. Iran is improving its existing missiles and developing new and longer-range regional missiles.

(6)

In September 2009, President Barack Obama announced that he had accepted the unanimous recommendation of the Secretary of Defense and the Joint Chiefs of Staff to establish a European Phased Adaptive Approach (EPAA) to missile defense, designed to protect deployed United States forces, allies, and partners in Europe against the large and growing threat of ballistic missiles from Iran.

(7)

In November 2010, at the Lisbon Summit, the North Atlantic Treaty Organization (NATO) decided to adopt the core mission of missile defense of its population, territory, and forces. The North Atlantic Treaty Organization agreed to enhance its missile defense command and control system, the Active Layered Theater Ballistic Missile Defense, to provide a North Atlantic Treaty Organization command and control capability. This is in addition to voluntary contributions of missile defense capabilities from individual nations.

(8)

During 2011, the United States successfully implemented Phase 1 of the European Phased Adaptive Approach, including deployment of an AN/TPY–2 radar in Turkey, deployment of an Aegis Ballistic Missile Defense ship in the eastern Mediterranean Sea with Standard Missile–3 Block IA interceptors, and the establishment of a missile defense command and control system in Germany.

(9)

Phase 2 of the European Phased Adaptive Approach is planned for deployment around 2015, and is planned to include the deployment of Standard Missile–3 Block IB interceptors on Aegis Ballistic Missile Defense ships and at an Aegis Ashore site in Romania.

(10)

Phase 3 of the European Phased Adaptive Approach is planned for deployment around 2018, and is planned to include the deployment of Standard Missile–3 Block IIA interceptors on Aegis Ballistic Missile Defense ships and at an Aegis Ashore site in Poland.

(11)

At the North Atlantic Treaty Organization Summit in Chicago in May 2012, the North Atlantic Treaty Organization announced it had achieved an interim capability for the North Atlantic Treaty Organization missile defense system, including initial capability of its Active Layered Theater Ballistic Missile Defense system at a command and control facility in Germany.

(12)

The United States has a robust program of missile defense cooperation with Israel, including joint development of the Arrow Weapon System and the new Arrow–3 interceptor, designed to defend Israel against ballistic missiles from Iran. These jointly developed missile defense systems are designed to be interoperable with United States ballistic missile defenses, and these interoperable systems are tested in large joint military exercises, such as Austere Challenge in 2012. The United States has also deployed an AN/TPY–2 radar in Israel to enhance missile defense against missiles from Iran.

(13)

The United States is working with the nations of the Gulf Cooperation Council on enhanced national and regional missile defense capabilities against the growing missile threat from Iran. As part of this effort, the United Arab Emirates plans to purchase two Terminal High Altitude Area Defense batteries, as well as other equipment. During 2012, the United States deployed an AN/TPY–2 radar in the United States Central Command area of responsibility to enhance missile defense capability of forward-deployed United States forces, allies, and partners against missiles from Iran.

(14)

The United States has a strong program of missile defense cooperation with Japan, including the co-development of the Standard Missile–3 Block IIA interceptor for the Aegis Ballistic Missile Defense system, intended to be deployed in Phase 3 of the European Phased Adaptive Approach, the Japanese fleet of Aegis Ballistic Missile Defense ships using Standard Missile–3 Block IA interceptors, and the United States deployment of two AN/TPY–2 radars in Japan.

(b)

Sense of congress

It is the sense of Congress that—

(1)

the threat from regional ballistic missiles, particularly from North Korea and Iran, is serious and growing, and puts at risk forward-deployed United States forces, allies, and partners in the Asia-Pacific region, Europe, and the Middle East;

(2)

the Department of Defense has an obligation to provide force protection of forward-deployed United States forces and facilities from regional ballistic missile attack;

(3)

the United States has an obligation to meet its security commitments to its allies, including ballistic missile defense commitments;

(4)

the Department of Defense has a balanced program of investment and capabilities to provide for both homeland defense and regional defense against ballistic missiles, consistent with the Ballistic Missile Defense Review and with the prioritized and integrated needs of the commanders of the combatant commands;

(5)

elements of United States regional missile defenses enhance and enable the homeland defense capabilities of the United States, including forward-deployed radars and defense of critical forward-deployed missile defense systems;

(6)

the European Phased Adaptive Approach to missile defense is an appropriate and prudent response to the existing and growing ballistic missile threat from Iran to forward-deployed United States forces, allies, and partners in Europe;

(7)

the Department of Defense should, as a high priority, continue to develop, test, and plan to deploy Phases 2 and 3 of the European Phased Adaptive Approach, including the planned Aegis Ashore sites in Romania and Poland;

(8)

the Department of Defense should also continue with its other phased and adaptive regional missile defense efforts tailored to the Middle East and the Asia-Pacific region;

(9)

European members of the North Atlantic Treaty Organization are making valuable contributions to missile defense in Europe, by hosting elements of United States missile defense systems on their territories, through individual national contributions to missile defense capability, and by collective funding and development of the Active Layered Theater Ballistic Missile Defense system;

(10)

the actions taken by the Department of Defense to improve its regional missile defense posture in response to the provocative actions and threats of North Korea were prudent and appropriate and demonstrated the flexible and adaptive nature of its regional missile defense capabilities, which allows for surge deployments to meet regional contingencies in a timely manner; and

(11)

Japan and South Korea are making notable progress in enhancing their missile defense capabilities, in partnership with the United States, to protect against regional missiles from North Korea.

(c)

Report

(1)

Report required

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

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A description of the overall risk assessment from the most recent Global Ballistic Defense Assessment of regional missile defense capabilities relative to meeting the operational needs of the commanders of the geographic combatant commands, including the need for force protection of United States forward-deployed forces and capabilities and for defense of allies and partners.

(B)

An assessment whether the currently planned European Phased Adaptive Approach and other planned regional missile defense approaches and capabilities of the United States meet the integrated priorities of the commanders of the geographic combatant commands in an affordable and balanced manner.

(C)

A description of the progress made in the development and testing of elements of systems intended for deployment in Phases 2 and 3 of the European Phased Adaptive Approach, including the Standard Missile–3 Block IB and IIA interceptors and the Aegis Ashore system.

(D)

A description of the manner in which elements of regional missile defense architectures, such as forward-based X-band radars in Japan, Israel, Turkey, and the area of responsibility of the United States Central Command, contribute to the enhancement of the homeland defense of the United States.

(E)

A description of the manner in which enhanced integration of offensive military capabilities and defensive missile defense capabilities will fit into regional missile defense planning and force structure assessments.

(3)

Form

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

233.

Missile defense cooperation with Russia

(a)

Findings

Congress makes the following findings:

(1)

For more than a decade, the United States and Russia have discussed a variety of options for cooperation on shared early warning and ballistic missile defense. For example, on May 1, 2001, President George W. Bush spoke of a new cooperative relationship with Russia and said it should be premised on openness, mutual confidence and real opportunities for cooperation, including the area of missile defense. It should allow us to share information so that each nation can improve its early warning capability, and its capability to defend its people and territory. And perhaps one day, we can even cooperate in a joint defense.

(2)

Section 1231 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 1654A–329) authorized the Department of Defense to establish in Russia a joint center for the exchange of data from systems to provide early warning of launches of ballistic missiles and for notification of launches of such missiles, also known as the Joint Data Exchange Center (JDEC).

(3)

On March 31, 2008, Deputy Secretary of Defense Gordon England stated that we have offered Russia a wide-ranging proposal to cooperate on missile defense—everything from modeling and simulation, to data sharing, to joint development of a regional missile defense architecture—all designed to defend the United States, Europe, and Russia from the growing threat of Iranian ballistic missiles. An extraordinary series of transparency measures have also been offered to reassure Russia. Despite some Russian reluctance to sign up to these cooperative missile defense activities, we continue to work toward this goal.

(4)

The February 2010 report of the Ballistic Missile Defense Review established as one of its central policy pillars that increased international missile defense cooperation is in the national security interest of the United States and, with regard to cooperation with Russia, the United States is pursuing a broad agenda focused on shared early warning of missile launches, possible technical cooperation, and even operational cooperation.

(5)

At the November 2010 Lisbon Summit, the North Atlantic Treaty Organization (NATO) decided to develop a missile defense system to protect NATO European populations, territory and forces and also to seek cooperation with Russia on missile defense. In its Lisbon Summit Declaration, the North Atlantic Treaty Organization reaffirmed its readiness to invite Russia to explore jointly the potential for linking current and planned missile defense systems at an appropriate time in mutually beneficial ways. The new NATO Strategic Concept adopted at the Lisbon Summit stated that we will actively seek cooperation on missile defense with Russia, that NATO-Russia cooperation is of strategic importance, and that the security of the North Atlantic Treaty Organization and Russia is intertwined.

(6)

In a December 18, 2010, letter to the leadership of the Senate, President Obama wrote that the North Atlantic Treaty Organization invited Russia to cooperate on missile defense, which could lead to adding Russian capabilities to those deployed by NATO to enhance our common security against common threats. The Lisbon Summit thus demonstrated that the Alliance's missile defenses can be strengthened by improving NATO-Russian relations. This comes even as we have made clear that the system we intend to pursue with Russia will not be a joint system, and it will not in any way limit United States' or NATO's missile defense capabilities. Effective cooperation with Russia could enhance the overall efficiency of our combined territorial missile defenses, and at the same time provide Russia with greater security.

(7)

Section 221(a)(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4167) states that it is the sense of Congress to support the efforts of the United States Government and the North Atlantic Treaty Organization to pursue cooperation with the Russian Federation on ballistic missile defense relative to Iranian missile threats.

(8)

In a speech in Russia on March 21, 2011, Secretary of Defense Robert Gates cited the NATO-Russian decision to cooperate on defense against ballistic missiles. We've disagreed before, and Russia still has uncertainties about the European Phased Adaptive Approach, a limited system that poses no challenges to the large Russian nuclear arsenal. However, we've mutually committed to resolving these difficulties in order to develop a roadmap toward truly effective anti-ballistic missile collaboration. This collaboration may include exchanging launch information, setting up a joint data fusion center, allowing greater transparency with respect to our missile defense plans and exercises, and conducting a joint analysis to determine areas of future cooperation.

(9)

In testimony to the Committee on Armed Services of the Senate on April 13, 2011, Deputy Assistant Secretary of Defense for Nuclear and Missile Defense Policy Bradley H. Roberts stated that the United States has been pursuing a Defense Technology Cooperation Agreement with Russia since 2004, and that such an agreement is necessary for the safeguarding of sensitive information in support of cooperation on missile defense, and to provide the legal framework for undertaking cooperative efforts.

(10)

In a March 2012 answer to a question from the Committee on Armed Services of the Senate on missile defense cooperation with Russia, Acting Under Secretary of Defense for Policy Jim Miller wrote that I support U.S.-Russian cooperation on missile defenses first and foremost because it could improve the effectiveness of U.S. and NATO missile defenses, thereby improving the protection of the United States, our forces overseas, and our Allies. Missile defense cooperation with Russia is in the security interests of the United States, NATO, and Russia, first and foremost because it could strengthen capabilities across Europe to intercept Iranian missiles. He also wrote that [t]he United States has pursued missile defense cooperation with Russia with the clear understanding that we would not accept constraints on missile defense, and that we would undertake necessary qualitative and quantitative improvements to meet U.S. Security needs.

(11)

In February 2012, an international group of independent experts known as the Euro-Atlantic Security Initiative issued a report proposing missile defense cooperation between the United States (with its North Atlantic Treaty Organization allies) and Russia. The group, whose leaders included Stephen Hadley, the National Security Advisor to President George W. Bush, proposed that the nations share satellite and radar early warning data at joint cooperation centers in order to improve their ability to detect, track, and defeat medium-range and intermediate-range ballistic missiles from the Middle East.

(12)

In a letter dated April 13, 2012, Robert Nabors, Assistant to the President and Director of the Office of Legislative Affairs, wrote that it is Administration policy that we will only provide information to Russia that will enhance the effectiveness of our missile defenses. The Administration will not provide Russia with sensitive information that would in any way compromise our national security, including hit-to-kill technology and interceptor telemetry.

(13)

The May 20, 2012, NATO Chicago Summit Declaration included the following statement: Given our shared security interests with Russia, we remain committed to cooperation on missile defense in the spirit of mutual trust and reciprocity, such as the recent [NATO-Russia Council] Theatre Missile Defense Exercise. Through ongoing efforts in the NATO-Russia Council, we seek to determine how independent NATO and Russian missile defense systems can work together to enhance European security. We look forward to establishing the proposed joint NATO-Russia Missile Data Fusion Centre and the joint Planning Operations Centre to cooperate on missile defense. We propose to develop a transparency regime based upon a regular exchange of information about the current respective missile defense capabilities of NATO and Russia.

(14)

The United States currently has agreements and programs of cooperation on shared early warning with eight nations in addition to the North Atlantic Treaty Organization. The United States has developed procedures and mechanisms for sharing early warning information with partner nations while ensuring the protection of sensitive United States information.

(15)

Russia and the United States each have ballistic missile launch early warning and detection and tracking sensors that could contribute to and enhance each others' ability to detect, track, and defend against ballistic missile threats from Iran.

(16)

The Obama Administration has provided regular briefings to Congress on its discussions with Russia on possible missile defense cooperation.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

it is in the national security interest of the United States to pursue efforts at missile defense cooperation with Russia that would enhance the security of the United States, its North Atlantic Treaty Organization allies, and Russia, particularly against missile threats from Iran;

(2)

the United States should pursue ballistic missile defense cooperation with Russia on both a bilateral basis and a multilateral basis with its North Atlantic Treaty Organization allies, particularly through the NATO-Russia Council, when it is in the national security interests of the United States to do so;

(3)

missile defense cooperation with Russia should not in any way limit United States' or NATO's missile defense capabilities, as acknowledged in the December 18, 2010, letter from President Obama to the leadership of the Senate, and should be mutually beneficial and reciprocal in nature;

(4)

the United States should not provide Russia with sensitive missile defense information that would in any way compromise United States national security, including hit-to-kill technology and interceptor telemetry;

(5)

the United States should pursue missile defense cooperation with Russia in a manner that ensures that—

(A)

United States classified information is appropriately safeguarded and protected from unauthorized disclosure;

(B)

prior to entering into missile defense technology cooperation projects, the United States enters into a Defense Technology Cooperation Agreement with Russia that establishes the legal framework for a broad spectrum of potential cooperative defense projects; and

(C)

such cooperation does not limit the missile defense capabilities of the United States or its North Atlantic Treaty Organization allies; and

(6)

the sovereignty of the United States and its ability to unilaterally pursue its own missile defense program shall be protected.

(c)

Limitation on use of funds To provide Russian Federation access to certain missile defense information

No funds authorized to be appropriated or otherwise made available for fiscal year 2014 for the Department of Defense may be used to provide the Russian Federation with sensitive missile defense information that would in any way compromise United States national security, including hit-to-kill technology and telemetry data for missile defense interceptors or target vehicles.

234.

Additional missile defense radar for the protection of the United States homeland

(a)

In general

The Missile Defense Agency shall deploy an X-band radar, or other comparable sensor, at a location optimized to support the defense of the United States homeland against long-range ballistic missile threats.

(b)

Funding

Of the amount authorized to be appropriated by section 201 for fiscal year 2014 for the Department of Defense for research, development, test, and evaluation, Defense-wide, for the Missile Defense Agency for BMD Sensors (PE 63884C) as specified in the funding table in section 4201, $30,000,000 is available for initial costs toward deployment of the radar required by subsection (a).

235.

Evaluation of options for future ballistic missile defense sensor architectures

(a)

Evaluation required

(1)

In general

The Secretary of Defense shall conduct an evaluation of options and alternatives for future sensor architectures for ballistic missile defense in order to enhance United States ballistic missile defense capabilities.

(2)

Scope of evaluation

In conducting the evaluation, the Secretary shall consider a wide range of options for a future sensor architecture for ballistic missile defense, including options for future development, integration, exploitation, and deployment of sensor systems and assets.

(3)

Objective

The objective of the evaluation shall be to identify one or more future sensor architectures for ballistic missile defense that will result in an improvement of the performance of the Ballistic Missile Defense System in a cost-effective, operationally effective, timely, and affordable manner.

(b)

Elements To be evaluated

The evaluation required by subsection (a) shall include a consideration of the following:

(1)

Sensor types

The types of sensors as follows:

(A)

Radar.

(B)

Infrared.

(C)

Optical and electro-optical.

(D)

Directed energy.

(2)

Sensor modes

Deployment modes of sensors as follows:

(A)

Ground-based sensors.

(B)

Sea-based sensors.

(C)

Airborne sensors.

(D)

Space-based sensors.

(3)

Sensor functions

Missile defense-related sensor functions as follows:

(A)

Detection.

(B)

Tracking.

(C)

Characterization.

(D)

Classification.

(E)

Discrimination.

(F)

Debris mitigation.

(G)

Kill assessment.

(4)

Sensor architecture capabilities

Maximization or improvement of sensor-related capabilities as follows:

(A)

Handling of increasing raid sizes.

(B)

Precision tracking of threat missiles.

(C)

Providing fire-control quality tracks of evolving threat missiles.

(D)

Enabling launch-on-remote and engage-on-remote capabilities.

(E)

Discriminating lethal objects (warheads) from other objects.

(F)

Effectively assessing the results of engagements.

(G)

Enabling enhanced shot doctrine.

(c)

Report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the results of the evaluation required by subsection (a). The report shall include such findings, conclusions, and recommendations on future sensor architectures for ballistic missile defense as the Secretary considers appropriate in light of the evaluation.

(2)

Form

The report shall be submitted in unclassified form, but may include a classified annex.

236.

Prohibition on the use of funds for the MEADS program

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

D

Reports and Other Matters

251.

Annual Comptroller General of the United States report on the acquisition program for the VXX Presidential Helicopter

(a)

Annual GAO review

The Comptroller General of the United States shall conduct on an annual basis a review of the acquisition program for the VXX Presidential Helicopter aircraft.

(b)

Annual reports

(1)

In general

Not later than March 1 each year, the Comptroller General shall submit to the congressional defense committees a report on the review of the acquisition program for the VXX Presidential Helicopter aircraft conducted under subsection (a) during the preceding year.

(2)

Elements

Each report under paragraph (1) shall include such matters as the Comptroller General considers appropriate to fully inform the congressional defense committees of the stage of the acquisition process for the VXX Presidential Helicopter aircraft covered by the review described in such report. Such matters may include the following:

(A)

The extent to which the acquisition program for the VXX Presidential Helicopter aircraft is meeting cost, schedule, and performance goals.

(B)

The progress and results of developmental testing.

(C)

An assessment of the acquisition strategy for the program, including whether the strategy is consistent with acquisition management best practices identified by the Comptroller General for purposes of the program.

(c)

Sunset

The requirements in this section shall cease upon the earlier of—

(1)

the date on which the Navy awards a contract for full rate production for the VXX Presidential Helicopter aircraft; or

(2)

the date on which the acquisition program for the VXX Presidential Helicopter aircraft is terminated.

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

Logistics and sustainment

311.

Sustainment of critical manufacturing capabilities within Army arsenals

(a)

Review

(1)

Manufacturing requirements

The Secretary of Defense, in consultation with the military services and defense agencies, shall review current and expected manufacturing requirements across the military services and defense agencies to identify critical manufacturing competencies and supplies, components, end items, parts, assemblies, and sub-assemblies for which there is no or limited domestic commercial source and which are appropriate for manufacturing within an arsenal owned by the United States in order to support critical manufacturing capabilities.

(2)

Mechanisms for determining manufacturing capabilities

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

(b)

Report required

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

312.

Strategic policy for prepositioned materiel and equipment

(a)

Modifications to strategic policy

Section 2229(a) of title 10, United States Code, is amended to read as follows:

(a)

Policy required

(1)

In general

The Secretary of Defense shall maintain a strategic policy on the programs of the Department of Defense for prepositioned materiel and equipment. Such policy shall take into account national security threats, strategic mobility, service requirements, and the requirements of the combatant commands, and shall address how the Department's prepositioning programs, both ground and afloat, align with national defense strategies and departmental priorities.

(2)

Elements

The strategic policy required under paragraph (1) shall include the following elements:

(A)

Overarching strategic guidance concerning planning and resource priorities that link the Department of Defense's current and future needs for prepositioned stocks, such as desired responsiveness, to evolving national defense objectives.

(B)

A description of the Department's vision for prepositioning programs and the desired end state.

(C)

Specific interim goals demonstrating how the vision and end state will be achieved.

(D)

A description of the strategic environment, requirements for, and challenges associated with prepositioning.

(E)

Metrics for how the Department will evaluate the extent to which prepositioned assets are achieving defense objectives.

(F)

A framework for joint departmental oversight that reviews and synchronizes the military services’ prepositioning strategies to minimize potentially duplicative efforts and maximize efficiencies in prepositioned materiel and equipment across the Department of Defense.

(3)

Joint oversight

The Secretary of Defense shall establish joint oversight of the military services’ prepositioning efforts to maximize efficiencies across the Department of Defense.

.

(b)

Implementation plan

(1)

In general

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

(2)

Elements

The implementation plan required under paragraph (1) shall include the following elements:

(A)

Detailed guidance for how the Department of Defense will achieve the vision, end state, and goals outlined in the strategic policy.

(B)

A comprehensive list of the Department's prepositioned material and equipment programs.

(C)

A detailed description of how the plan will be implemented.

(D)

A schedule with milestones for the implementation of the plan.

(E)

An assignment of roles and responsibilities for the implementation of the plan.

(F)

A description of the resources required to implement the plan.

(G)

A description of how the plan will be reviewed and assessed to monitor progress.

(c)

Comptroller General report

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

313.

Extension and modification of authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes

Section 2642(a) of title 10, United States Code, is amended—

(1)

in the matter preceding paragraph (1), by striking airlift and inserting transportation; and

(2)

in paragraph (3)—

(A)

by striking October 28, 2014 and inserting September 30, 2019;

(B)

by striking airlift both places it appears and inserting transportation;

(C)

by inserting , and for military transportation services provided in support of foreign military sales, after Department of Defense; and

(D)

by striking air industry and inserting transportation industry.

C

Readiness

321.

Modification of authorities on prioritization of funds for equipment readiness and strategic capability

(a)

Inclusion of Marine Corps in requirements

Section 323 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (10 U.S.C. 229 note) is amended—

(1)

in subsection (a), by striking paragraph (2) and inserting the following new paragraph (2):

(2)

the Secretary of the Army to meet the requirements of the Army, and the Secretary of the Navy to meet the requirements of the Marine Corps, for that fiscal year, in addition to the requirements under paragraph (1), for the reconstitution of equipment and materiel in prepositioned stocks in accordance with requirements under the policy or strategy implemented under the guidelines in section 2229 of title 10, United States Code.

; and

(2)

in subsection (b)(2), by striking subparagraph (B) and inserting the following new subparagraph (B):

(B)

the Army and the Marine Corps for the reconstitution of equipment and materiel in prepositioned stocks.

.

(b)

Repeal of requirement for annual Army report and GAO review

Such section is further amended by striking subsections (c) through (f) and inserting the following new subsection (c):

(c)

Contingency operation defined

In this section, the term contingency operation has the meaning given that term in section 101(a)(13) of title 10, United States Code.

.

322.

Strategic policy for the retrograde, reconstitution, and replacement of operating forces used to support overseas contingency operations

(a)

Establishment of policy

(1)

In general

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

(2)

Elements

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

(A)

Establishment and assignment of responsibilities and authorities within the Department for oversight and execution of the planning, organization, and management of the programs to reestablish the readiness of redeployed operating forces.

(B)

Guidance concerning priorities, goals, objectives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant command requirements.

(C)

Oversight reporting requirements and metrics for the evaluation of Department of Defense and military department progress on restoring the readiness of redeployed operating forces in accordance with the policy required under paragraph (1).

(D)

A framework for joint departmental reviews of military services’ annual budgets proposed for retrograde, reconstitution, or replacement activities, including an assessment of the strategic and operational risk assumed by the proposed levels of investment across the Department of Defense.

(b)

Implementation plan

(1)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for implementation of the policy required under this section.

(2)

Elements

The implementation plan required under paragraph (1) shall include the following elements:

(A)

The assignment of responsibilities and authorities for oversight and execution of the planning, organization, and management of the programs to reestablish the readiness of redeployed operating forces.

(B)

Establishment of priorities, goals, objectives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant command requirements.

(C)

A description of how the plan will be implemented, including a schedule with milestones to meet the goals of the plan.

(D)

An estimate of the resources by military service and by year required to implement the plan, including an assessment of the risks assumed in the plan.

(3)

Updates

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

(c)

Comptroller general report

Not later than 180 days after the date of the enactment of this Act, and annually thereafter for three years, the Comptroller General of the United States shall review the implementation plan submitted under subsection (b) and the policy required by subsection (a), and submit to the congressional defense committees a report describing the findings of such review and progress made toward meeting the goals of the plan and including any additional information relating to the policy and plan that the Comptroller General determines appropriate.

D

Reports

331.

Strategy for improving asset visibility and in-transit visibility

(a)

Strategy and implementation plans

(1)

In general

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy for improving asset visibility tracking and in-transit visibility across the Department of Defense, together with the plans of the military departments for implementing the strategy.

(2)

Elements

The strategy and implementation plans required under paragraph (1) shall include the following elements:

(A)

A comprehensive statement that summarizes the main purpose of the strategy.

(B)

A description of the issues to be addressed by the strategy, the scope of the strategy, and the process by which it was developed.

(C)

The overarching goals and objectives that address the overall results desired from implementation of the strategy.

(D)

A description of steps to achieve those results, as well as milestones and performance measures to gauge results.

(E)

An estimate of the costs associated with executing the plan, and the sources and types of resources and investments, including skills, technology, human capital, information, and other resources, required to meet the goals and objectives.

(F)

A description of roles and responsibilities for managing and overseeing the implementation of the strategy and the establishment of mechanisms for multiple stakeholders to coordinate their efforts throughout implementation and make necessary adjustments to the strategy based on performance.

(G)

A description of a description of key factors external to the Department of Defense and beyond its control that could significantly affect the achievement of the long-term goals contained in the strategy.

(b)

Comptroller general report

Not later than one year after the strategy is submitted under subsection (a), the Comptroller General shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the strategy and its accompanying implementation plans—

(1)

include the elements set forth under subsection (a)(2);

(2)

align to achieve the overarching asset visibility and in-transit visibility goals and objectives of the Department of Defense; and

(3)

have been implemented.

332.

Changes to quarterly reports on personnel and unit readiness

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

(1)

in subsection (a)—

(A)

by striking The report for a quarter and inserting Each report; and

(B)

by striking (e), and (f) and inserting (f), and (g), and the reports for the second and fourth quarters of a calendar year shall also contain the information required by subsection (e);

(2)

in subsection (d)—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by striking , including the extent and all that follows through the period at the end and inserting the following: , including an assessment of the manning of units (authorized versus assigned numbers of personnel) for units not scheduled for deployment and the timing of the arrival of personnel into units preparing for deployments.; and

(ii)

in subparagraph (B), by inserting unit before personnel strength;

(B)

by amending paragraph (2) to read as follows:

(2)

Personnel turbulence

(A)

Recruit quality.

(B)

Personnel assigned to a unit but not trained for the level of assigned responsibility or mission.

(C)

Fitness for deployment.

(D)

Recruiting and retention status.

;

(C)

by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); and

(D)

in paragraph (3), as redesignated by subparagraph (C), by striking Training commitments and inserting Mission rehearsals;

(3)

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

(4)

by inserting after subsection (d)(3), as redesignated by paragraph (1)(C), the following new subsection:

(e)

Logistics indicators

The reports for the second and fourth quarters of a calendar year shall also include information regarding the active components of the armed forces (and an evaluation of such information) with respect to each of the following logistics indicators:

; and

(5)

in subsection (e), as designated by paragraph (4)—

(A)

by redesignating paragraphs (5), (6), and (7) as paragraphs (1), (2), and (3), respectively;

(B)

in paragraph (1), as redesignated by subparagraph (A), by striking subparagraph (E); and

(C)

in paragraph (2), as so redesignated—

(i)

in subparagraph (A), by striking Maintenance and inserting Depot maintenance; and

(ii)

by inserting after subparagraph (A) the following new subparagraph:

(B)

Equipment not available due to a lack of supplies or parts.

.

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 through the period at the end 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..

334.

Modification of annual corrosion control and prevention reporting requirements

Section 903(b)(5) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2228 note) is amended—

(1)

by inserting (A) after (5); and

(2)

by adding at the end the following new subparagraph:

(B)

The report required under subparagraph (A) shall—

(i)

provide a clear linkage between the corrosion control and prevention program of the military department and the overarching goals and objectives of the long-term corrosion control and prevention strategy developed and implemented by the Secretary of Defense under section 2228(d) of title 10, United States Code; and

(ii)

include performance measures to ensure that the corrosion control and prevention program is achieving the goals and objectives described in clause (i).

.

E

Limitations and extension of authority

341.

Limitation on funding for United States Special Operations Command National Capital Region

(a)

Limitation

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

(b)

Report elements

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

(1)

A description of the purpose of the USSOCOM-NCR.

(2)

A description of the activities to be performed by the USSOCOM–NCR.

(3)

An explanation of the impact of the USSOCOM-NCR on existing activities at United States Special Operations Command headquarters.

(4)

A detailed, by fiscal year, breakout of the staffing and other costs associated with the USSOCOM-NCR over the future years defense program.

(5)

A description of the relationship between the USSOCOM-NCR and the Office of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict.

(6)

A description of the role of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict in providing oversight of USSOCOM-NCR activities.

(7)

Any other matters the Secretary determines appropriate.

342.

Limitation on funding for Regional Special Operations Coordination Centers

(a)

Limitation

None of the funds authorized to be appropriated for fiscal year 2014 for operation and maintenance, Defense-wide, may be obligated or expended for the establishment of Regional Special Operations Coordination Centers (RSCCs).

(b)

Report required

(1)

In general

Not later than September 30, 2013, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Commander of the United States Special Operations Command, shall submit to the congressional defense committees a report on the establishment of RSCCs.

(2)

Elements

The report required under paragraph (1) shall outline, at a minimum—

(A)

the requirement and justification for the establishment of RSCCs;

(B)

the number and locations of planned RSCCs;

(C)

the projected cost to establish and maintain the proposed RSCCs in future years;

(D)

the relevance to and coordination with other multilateral engagement activities and academic institutes supported by the geographic combatant commanders and the Department of State; and

(E)

any legislative authorities that may be needed to establish RSCCs.

343.

Limitation on availability of funds for Trans Regional Web Initiative (TRWI)

None of the funds authorized to be appropriated for fiscal year 2014 by section 301 for operation and maintenance, Defense-wide, may be obligated or expended to continue the Trans Regional Web Initiative (TRWI).

F

Other matters

351.

Revised policy on ground combat and camouflage utility uniforms

(a)

Establishment of policy

It is the policy of the United States that the Secretary of Defense shall take steps to reduce the separate development and fielding of service-specific combat and camouflage utility uniforms, in order to collectively adopt and field the same combat and camouflage utility uniforms for use by all members of the Armed Forces to the maximum extent practicable.

(b)

Prohibition

Except as provided in subsection (c), each military service shall be prohibited from adopting after the date of the enactment of this Act new designs for combat and camouflage utility uniforms, including uniforms reflecting changes to the fabric and camouflage patterns used in current combat and camouflage utility uniforms, unless—

(1)

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

(2)

the military service adopts a uniform currently in use by another military service; or

(3)

the Secretary of Defense grants an exception, based on unique circumstances or requirements.

(c)

Exception

Nothing in subsection (b) shall be construed as prohibiting the development 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.

(d)

Limitation on restrictions

No military service may prevent another military service from authorizing the use of any combat or camouflage utility uniform.

(e)

Guidance required

(1)

In general

Not later than 60 days after the date of enactment of this Act, the Secretary of Defense shall issue guidance to implement this section.

(2)

Content

At a minimum, the guidance required by paragraph (1) shall—

(A)

require the secretaries of the military departments, in cooperation with the commanders of the combatant commands, including the unified combatant command for special operations forces, to collaborate on the development of joint criteria for the design, development, fielding, and characteristics of combat and camouflage utility uniforms;

(B)

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

(C)

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

(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 repealed.

352.

Authorization to institute a centralized, automated mail redirection system to improve the delivery of absentee ballots to military personnel serving outside the United States

The Secretary of Defense may immediately transfer up to $4,500,000 from amounts appropriated or otherwise made available for operation and maintenance for Defense-wide activities to the Postal Service Fund for purposes of implementing the modernization of the United States Postal Services's mail delivery system to improve the delivery of absentee ballots to military personnel serving outside the United States.

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.

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.

Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer

Section 533 of title 10, United States Code, is amended—

(1)

in subsections (a)(2) and (c), by inserting or (g) after subsection (b); and

(2)

by adding at the end the following new subsection:

(g)
(1)

Under regulations prescribed by the Secretary of Defense, if the Secretary of a military department determines that the number of commissioned officers with cyberspace-related experience or advanced education serving on active duty in an armed force under the jurisdiction of such Secretary is critically below the number needed, such Secretary may credit any person receiving an original appointment with a period of constructive service for the following:

(A)

Special experience or training in a particular cyberspace-related field if such experience or training is directly related to the operational needs of the armed force concerned.

(B)

Any period of advanced education in a cyberspace-related field beyond the baccalaureate degree level if such advanced education is directly related to the operational needs of the armed force concerned.

(2)

Constructive service credited an officer under this subsection shall not exceed one year for each year of special experience, training, or advanced education, and not more than three years total constructive service may be credited.

(3)

Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer.

(4)

The authority to award constructive service credit under this subsection expires on December 31, 2018.

.

B

Reserve Component Management

506.

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

Section 14704(a) of title 10, United States Code, is amended—

(1)

by inserting (1) after Active-Status List.—

(2)

by striking all;

(3)

by striking , in the number specified by the Secretary by each grade and competitive category; and

(4)

by adding at the end the following new paragraphs:

(2)

The Secretary of the military department concerned shall specify the number of officers described in paragraph (1) that a selection board convened under section 14101(b) of this title may recommend for removal from the reserve active-status list.

(3)

When the Secretary of the military department concerned submits a list of officers to a selection board convened under section 14101(b) of this title to consider officers for selection for removal from the reserve active-status list under this section, such list (except as provided in paragraph (4)) shall include each officer on the reserve active-status list in the same grade and competitive category whose position on the reserve active-status list is between that of the most junior officer in that grade and competitive category whose name is submitted to the board and that of the most senior officer in that grade and competitive category whose name is submitted to the board.

(4)

A list under paragraph (3) may not include an officer in that grade and competitive category who has been approved for voluntary retirement or who is to be involuntary retired under any provision of law during the fiscal year in which the selection board is convened or during the following fiscal year.

.

507.

Removal of restrictions on the transfer of officers between the active and inactive National Guard

(a)

Army National Guard

During the period ending on December 31, 2016, under regulations prescribed by the Secretary of the Army:

(1)

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

(2)

An officer of the Army National Guard transferred to the inactive Army National Guard pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.

(b)

Air National Guard

During the period ending on December 31, 2016, under regulations prescribed by the Secretary of the Air Force:

(1)

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

(2)

An officer of the Air National Guard transferred to the inactive Air National Guard pursuant to paragraph (1) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.

508.

Limitation on certain cancellations of deployment of reserve component units within 180 days of scheduled date of deployment

(a)

Limitation

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

(b)

Covered deployments

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

(c)

Nondelegation of approval

The Secretary may not delegate the approval of cancellations of deployments under subsection (a).

(d)

Notice to Congress and Governors

On approving the cancellation of deployment of a unit under subsection (a), the Secretary shall submit to the congressional defense committees and the Governor concerned a notice on the approval of cancellation of deployment of the unit.

509.

National Guard Youth Challenge Program

(a)

In general

Subsection (a) of section 509 of title 32, United States Code, is amended by striking may use and inserting shall use.

(b)

Conduct of program

Subsection (b) of such section is amended—

(1)

in paragraph (1)—

(A)

by striking Secretary of Defense and inserting Chief of the National Guard Bureau; and

(B)

by striking Secretary and inserting Chief of the National Guard Bureau;

(2)

in paragraph (2)—

(A)

by inserting of Defense after Secretary in the matter preceding subparagraph (A); and

(B)

in subparagraph (A), by striking , except that and all that follows through $62,500,000; and

(3)

in paragraph (4), by striking may use and inserting shall use.

(c)

Persons eligible to participate

Subsection (e) of such section is amended by striking Secretary of Defense and inserting Chief of the National Guard Bureau.

(d)

Report

Subsection (k) of such section is amended—

(1)

by striking Secretary of Defense and inserting Chief of the National Guard Bureau; and

(2)

by striking Secretary and inserting Chief of the National Guard Bureau.

C

General Service Authorities

511.

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

(a)

Expansion of prohibited retaliatory personnel actions

Subsection (b) of section 1034 of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A), by inserting or being perceived as making or preparing after making or preparing;

(B)

in subparagraph (A), by striking or at the end;

(C)

in subparagraph (B)—

(i)

in clause (i), by inserting or a representative of a Member of Congress after a Member of Congress;

(ii)

in clause (iv), by striking or at the end;

(iii)

by redesignating clause (v) as clause (vi);

(iv)

by inserting after clause (v) the following new clause (v):

(v)

a court, grand jury, or court-martial proceeding, or an authorized official of the Department of Justice or another law enforcement agency; or

; and

(v)

in clause (vi), as redesignated by clause (iii) of this subparagraph, by striking the period at the end and inserting ; or; and

(D)

by adding at the end the following new subparagraph:

(C)

testimony, or otherwise participating in or assisting in an investigation or proceeding related to a communication under subparagraph (A) or (B), or filing, causing to be filed, participating in, or otherwise assisting in an action brought under this section.

; and

(2)

in paragraph (2), by inserting after any favorable action the following: , or a significant change in a member's duties or responsibilities not commensurate with the member's grade.

(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)

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

(3)

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

(3)

A communication described in paragraph (2) shall not be excluded from the protections provided in this section because—

(A)

the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2);

(B)

the communication revealed information that had previously been disclosed;

(C)

of the member’s motive for making the communication;

(D)

the communication was not made in writing;

(E)

the communication was made while the member was off duty;

(F)

the communication was made during the normal course of duties of the member.

; and

(4)

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 180 days.

(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 inserting and the Secretary of the military department concerned after the Secretary of Defense; and

(C)

by striking to the Secretary, and inserting to such Secretaries,; and

(2)

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

(e)

Action in case of violations

Such section is further amended—

(1)

by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (j), and (k), respectively; and

(2)

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

(f)

Action in case of violations

(1)

Not later than 30 days after receiving a report from the Inspector General under subsection (e), the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, shall determine whether there is sufficient basis to conclude whether a personnel action prohibited by subsection (b) has occurred, and, if so, shall order such action as is necessary to correct the record of a personnel action prohibited by subsection (b). 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 and the member or former member, a notice of the determination and the reasons for not taking action; or

(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 (g) of such section, as redesignated by subsection (e)(1) of this section, is further amended—

(1)

in paragraph (1), by adding at the end the following new sentence: In a case referred to a board by the Secretary of Homeland Security or the Secretary of a military department when such Secretary has determined that a personnel action prohibited by subsection (b) has occurred, the board shall review the matter.; and

(2)

in paragraph (3), by striking board elects to hold in the matter preceding subparagraph (A) and inserting board holds.

(g)

Review

Subsection (h) of such section, as redesignated by subsection (e)(1) of this section, is further amended by striking subsection (f) and inserting subsection (g).

512.

Enhancement of protection of rights of conscience of members of the Armed Forces and chaplains of such members

(a)

In general

Subsection (a)(1) of section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1727; 10 U.S.C. prec. 1030 note) is amended—

(1)

by striking The Armed Forces shall accommodate the beliefs and inserting Unless it could have an adverse impact on military readiness, unit cohesion, and good order and discipline, the Armed Forces shall accommodate individual expressions of belief;

(2)

by inserting sincerely held before conscience; and

(3)

by striking use such beliefs and inserting use such expression of belief.

(b)

Regulations

The implementing regulations required by subsection (c) of such section shall be prescribed by not later than 120 days after the date of the enactment of this Act. In prescribing such regulations, the Secretary of Defense shall consult with the official military faith-group representatives who endorse military chaplains.

513.

Department of Defense Inspector General reports on compliance with requirements for the protection of rights of conscience of members of the Armed Forces and their chaplains

(a)

Report on assessment

(1)

In general

Not later than 180 days after the date on which the regulations required by subsection (c) of section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1726; 10 U.S.C. prec. 1030 note) are prescribed, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report setting forth an assessment by the Inspector General of the compliance of the Department of Defense with that section.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

An analysis of the regulations referred to in paragraph (1) for purposes of implementing the requirements of section 533 of the National Defense Authorization Act for Fiscal Year 2013, and an analysis of the compliance of the Department of Defense with that section and such regulations. The analysis shall include a review of the use by the Secretary and the Department of policy recommendations from nongovernment organizations for purposes of that section and such regulations, and an assessment whether the Department is seeking a wide variety of perspectives from outside nongovernment organizations with respect to policy on religious beliefs and expression for such purposes.

(B)

An anonymous survey of a representative sample of members of the Armed Forces as to whether they have experienced or witnessed adverse personnel actions, discrimination, or denials of promotion, schooling, training, or assignment in the Armed Forces based on conscience, moral principles, or religious beliefs.

(C)

An anonymous survey of a representative sample of military chaplains as to whether they have experienced or witnessed adverse personnel actions, discrimination, or denials of promotion, schooling, training, or assignment in the Armed Forces due to a refusal to perform any rite, ritual, or ceremony that violates their conscience, moral principles, or religious beliefs.

(b)

Report on investigation into compliance

(1)

In general

Not later than 18 months after the date on which the regulations required by subsection (c) of section 533 of the National Defense Authorization Act for Fiscal Year 2013 are prescribed, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report setting forth the results of an investigation by the Inspector General into the compliance by the Armed Forces with the elements of the regulations on adverse personnel actions, discrimination, or denials of promotion, schooling, training, or assignment for members of the Armed Forces based on conscience, moral principles, or religious beliefs.

(2)

Elements

The report required by paragraph (1) shall include an identification of the number of times the Inspector General or the Inspector General of a military department was contacted during the 18-month period beginning on the date the regulations were prescribed regarding an incident involving the conscience, moral principles, or religious beliefs of a member of the Armed Forces.

(c)

Consultation

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

D

Member Education and Training

521.

Authority for joint professional military education Phase II instruction and credit to be offered and awarded through senior-level course of School of Advanced Military Studies of the United States Army Command and General Staff College

Section 2151(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

(E)

The senior-level course of the School of Advanced Military Studies of the United States Army Command and General Staff College.

.

522.

Authority for Uniformed Services University of the Health Sciences to support undergraduate and other medical education and training programs for military medical personnel

(a)

In general

Section 2112(a) of title 10, United States Code, is amended—

(1)

by striking established and inserting headquartered; and

(2)

inserting after advanced degrees the following: , undergraduate degrees, and certificates and certifications.

(b)

Administration

Section 2113 of such title is amended—

(1)

in subsection (d)—

(A)

in the first sentence, by striking located in or near the District of Columbia;

(B)

in the third sentence, by striking in or near the District of Columbia; and

(C)

by striking the fifth sentence; and

(2)

in subsection (e)(3) by inserting after programs the following: , including undergraduate degree programs and certificate and certification programs,.

523.

Expansion of eligibility for associate degree programs under the Community College of the Air Force

Section 9315(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

Enlisted members of the armed forces other than the Air Force who are participating in joint-service medical training and education or are serving as instructors in such joint-service medical training and education.

.

524.

Additional requirements for approval of educational programs for purposes of certain educational assistance under laws administered by the Secretary of Defense

(a)

In general

Chapter 101 of title 10, United States Code, is amended by inserting after section 2006 the following new section:

2006a.

Assistance for education and training: availability of certain assistance for use only at certain institutions of higher education

(a)

In general

Effective as of August, 1, 2014, an individual eligible for assistance under a Department of Defense educational assistance program or authority covered by this section may, except as provided in subsection (b), only use such assistance for educational expenses incurred for an eligible program (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) that—

(1)

is offered by an institution of higher education that has entered into, and is complying with, a program participation agreement under section 487 of such Act (20 U.S.C. 1094);

(2)

in the case of a program designed to prepare individuals for licensure or certification in any State, meets the instructional curriculum licensure or certification requirements of such State; and

(3)

in the case of a program designed to prepare individuals for employment pursuant to standards developed by a State board or agency in an occupation that requires approval or licensure for such employment, is approved or licensed by such State board or agency.

(b)

Waiver

The Secretary of Defense may, by regulation, authorize the use of educational assistance under a Department of Defense educational assistance program or authority covered by this chapter for educational expenses incurred for a program of education that is not described in subsection (a) if the program—

(1)

is accredited and approved by a nationally recognized accrediting agency or association;

(2)

was not an eligible program described in subsection (a) at any time during the most recent two-year period;

(3)

is a program that the Secretary determines would further the purposes of the educational assistance programs or authorities covered by this chapter, or would further the education interests of students eligible for assistance under the such programs or authorities;

(4)

in the case of a program that prepares individuals for licensure or certification, includes instructional curriculum that satisfies the licensure or certification requirements of each State represented by the institution as being met by such program;

(5)

in the case of a program designed to prepare a student for employment in a recognized occupation requiring approval or licensure for employment by a State board or agency, the program is approved or licensed by such State board or agency; and

(6)

the institution providing the program does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.

(c)

Definitions

In this section:

(1)

The term Department of Defense educational assistance programs and authorities covered by this section means the programs and authorities as follows:

(A)

The programs to assist military spouses in achieving education and training to expand employment and portable career opportunities under section 1784a of this title.

(B)

The authority to pay tuition for off-duty training or education of members of the armed forces under section 2007 of this title.

(C)

The program of educational assistance for members of the Selected Reserve under chapter 1606 of this title.

(D)

The program of educational assistance for reserve component members supporting contingency operations and certain other operations under chapter 1607 of this title.

(E)

Any other program or authority of the Department of Defense for assistance in education or training carried out under the laws administered by the Secretary of Defense that is designated by the Secretary, by regulation, for purposes of this section.

(2)

The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act for 1965 (20 U.S.C. 1002).

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2006 the following new item:

2006a. Assistance for education and training: availability of certain assistance for use only at certain institutions of higher education.

.

(c)

Effective date

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

525.

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

(a)

Improvement of information available to members of the Armed Forces about correlation

(1)

In general

The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable, make information on civilian credentialing opportunities available to members of the Armed Forces beginning with, and at every stage of, training of members for military occupational specialties, in order to permit members—

(A)

to evaluate the extent to which such training correlates with the skills and training required in connection with various civilian certifications and licenses; and

(B)

to assess the suitability of such training for obtaining or pursuing such civilian certifications and licenses.

(2)

Coordination with Transition Goals Plans Success program

Information shall be made available under paragraph (1) in a manner consistent with the Transition Goals Plans Success (GPS) program.

(3)

Types of information

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

(A)

Information on the civilian occupational equivalents of military occupational specialties (MOS).

(B)

Information on civilian license or certification requirements, including examination requirements.

(C)

Information on the availability and opportunities for use of educational benefits available to members of the Armed Forces, as appropriate, corresponding training, or continuing education that leads to a certification exam in order to provide a pathway to credentialing opportunities.

(4)

Use and adaptation of certain programs

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

(b)

Improvement of access of accredited civilian credentialing and related entities to military training content

(1)

In general

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

(2)

Entities

The entities specified in this paragraph are the following:

(A)

Civilian credentialing agencies.

(B)

Entities approved by the Secretary of Veterans Affairs, or by State approving agencies, for purposes of the use of educational assistance benefits under the laws administered by the Secretary of Veterans Affairs.

(3)

Central repository

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

526.

Coverage of military occupational specialities relating to military information technology under pilot program on receipt of civilian credentials for skills required for military occupational specialties

The military occupational specialties designated for purposes of the pilot program on receipt of civilian credentials for skills required for military occupational specialities under section 558 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2015 note) shall include military occupational specialities relating to the military information technology workforce.

527.

Sense of Senate on the Troops-to-Teachers Program

It is the sense of the Senate to strongly urge the Secretary of Defense—

(1)

to ensure that the Troops-to-Teachers Program is a priority of the nation’s commitment to the higher education of members of the Armed Forces; and

(2)

to provide funds for the Troops-to-Teachers Program in order to help separating members of the Armed Forces and veterans who wish to transition into a teaching career.

528.

Conforming amendment relating to renaming of North Georgia College and State University as University of North Georgia

Paragraph (6) of section 2111a(f) of title 10, United States Code, is amended to read as follows:

(6)

University of North Georgia.

.

E

Sexual Assault Prevention and Response and Military Justice Matters

I

Sexual Assault Prevention and Response

531.

Prohibition on service in the Armed Forces by individuals who have been convicted of certain sexual offenses

(a)

Prohibition

(1)

In general

Chapter 37 of title 10, United States Code, is amended adding at the end the following new section:

657.

Prohibition on service in the armed forces by individuals convicted of certain sexual offenses

(a)

Prohibition on commissioning or enlistment

A person who has been convicted of an offense specified in subsection (b) under Federal or State law may not be processed for commissioning or permitted to enlist in the armed forces.

(b)

Covered offenses

An offense specified in this subsection is any felony offense as follows:

(1)

Rape or sexual assault.

(2)

Forcible sodomy.

(3)

Incest.

(4)

An attempt to commit an offense specified in paragraph (1) through (3), as punishable under applicable Federal or State law.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 37 of such title is amended by adding at the end the following new item:

657. Prohibition on service in the armed forces by individuals convicted of certain sexual offenses.

.

(b)

Repeal of superseded prohibition

Section 523 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1723; 10 U.S.C. 504 note) is repealed.

532.

Temporary administrative reassignment or removal of a member of the Armed Forces on active duty who is accused of committing a sexual assault or related offense

(a)

In general

Chapter 39 of title 10, United States Code, is amended by inserting after section 673 the following new section:

674.

Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense

(a)

Guidance for timely consideration and action

The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed an offense under section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice) or an attempt to commit such an offense as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or from an assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member's unit.

(b)

Time for determination

A determination described in subsection (a) may be made at any time afer receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 39 of such title is amended by inserting after the item relating to section 673 the following new item:

674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense.

.

(c)

Additional training requirement for commanders

The Secretary of Defense shall provide for inclusion of information and discussion regarding the availability and use of the authority described by section 674 of title 10, United States Code, as added by subsection (a), as part of the training for new and prospective commanders at all levels of command required by section 585(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note).

533.

Issuance of regulations applicable to the Coast Guard regarding consideration of request for permanent change of station or unit transfer by victim of sexual assault

Section 673(b) of title 10, United States Code, is amended by striking The Secretaries of the military departments and inserting The Secretary concerned.

534.

Inclusion and command review of information on sexual-related offenses in personnel service records of members of the Armed Forces

(a)

Information on substantiated reports on sexual-Related offenses

(1)

In general

If a complaint of a sexual-related offense is made against a member of the Armed Forces and the complaint is substantiated and the member is convicted by court-martial or receives non-judicial punishment or administrative action for such sexual-related offense, a notation to that effect shall be placed in the personnel service record of the member, regardless of the member's grade.

(2)

Purpose

The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert commanders to the members of their command who have received courts-martial conviction, non-judicial punishment, or administrative action for sexual-related offenses in order to reduce the likelihood that repeat offenses will escape the notice of commanders.

(b)

Limitation on placement

A notation under subsection (a) may not be placed in the restricted section of the personnel service record of a member.

(c)

Construction

Nothing in subsection (a) or (b) may be construed to prohibit or limit the capacity of a member of the Armed Forces to challenge or appeal the placement of a notation, or location of placement of a notation, in the member's personnel service record in accordance with procedures otherwise applicable to such challenges or appeals.

(d)

Substantiated complaints

For purposes of implementing this section, the Secretary of Defense shall use the definition of substantiated developed for purposes of the annual report on sexual assaults involving members of the Armed Forces prepared under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note).

(e)

Command review of history of sexual-Related offenses of members upon assignment or transfer to new unit

(1)

Review required

Under uniform regulations prescribed by the Secretary of Defense, the commanding officer of a facility, installation, or unit to which a member of the Armed Forces described in paragraph (2) is permanently assigned or transferred shall review the history of substantiated sexual offenses of the member in order to familiarize such officer with such history of the member.

(2)

Covered members

A member of the Armed Forces described in this paragraph is a member of the Armed Forces who, at the time of assignment or transfer as described in paragraph (1), has a history of one or more substantiated sexual offenses as documented in the personnel service record of such member or such other records or files as the Secretary shall specify in the regulations prescribed under paragraph (1).

535.

Enhanced responsibilities of Sexual Assault Prevention and Response Office for Department of Defense sexual assault prevention and response program

(a)

In general

Section 1611(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended by striking shall— and all that follows and inserting “shall do the following:

(1)

Oversee development and implementation of the comprehensive policy for the Department of Defense sexual assault prevention and response program, including guidance and assistance for the military departments in addressing matters relating to sexual assault prevention and response.

(2)

Serve as the single point of authority, accountability, and oversight for the sexual assault prevention and response program.

(3)

Undertake responsibility for the oversight of the implementation of the sexual assault prevention and response program by the Armed Forces.

(4)

Collect and maintain data of the military departments on sexual assault in accordance with section 1615.

(5)

Provide oversight to ensure that the military departments maintain documents relating to the following:

(A)

Allegations and complaints of sexual assault involving members of the Armed Forces.

(B)

Courts-martial or trials of members of the Armed Forces for offenses relating to sexual assault.

(6)

Act as liaison between the Department of Defense and other Federal and State agencies on programs and efforts relating to sexual assault prevention and response.

(7)

Oversee development of strategic program guidance and joint planning objectives for resources in support of the sexual assault prevention and response program, and make recommendations on modifications to policy, law, and regulations needed to ensure the continuing availability of such resources.

(8)

Provide to the Secretary of Veterans Affairs any records or documents on sexual assault in the Armed Forces, including restricted reports with the approval of the individuals who filed such reports, that are required by the Secretary for purposes of the administration of the laws administered by the Secretary.

.

(b)

Collection and maintenance of data

Subtitle A of title XVI of such Act (10 U.S.C. 1561 note) is amended by adding at the end the following new section:

1615.

Collection and maintenance of data of military departments on sexual assault prevention and response

In carrying out the requirements of section 1611(b)(4), the Director of the Sexual Assault Prevention and Response Office shall do the following:

(1)

Collect from each military department on a quarterly and annual basis data of such military department on sexual assaults involving members of the Armed Forces in a manner consistent with the policy and procedures developed pursuant to section 586 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 1561 note) that protect the privacy of individuals named in records and the status of records.

(2)

Maintain data collected from the military departments under paragraph (1).

(3)

Assemble from the data collected and maintained under this section quarterly and annual reports on the involvement of members of the Armed Forces in incidents of sexual assault.

(4)

Develop metrics to measure the effectiveness of, and compliance with, training and awareness objectives of the military departments on sexual assault prevention and response.

(5)

Establish categories of information to be provided by the military departments in connection with reports on sexual assault prevention and response, including, but not limited to, the annual reports required by section 1631, and ensure that the submittals of the military departments for purposes of such reports include data within such categories.

.

(c)

Element on unit of accused and victim in case synopses in annual report on sexual assaults

(1)

In general

Section 1631(f) of such Act (10 U.S.C. 1561 note) is amended—

(A)

by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and

(B)

by inserting after paragraph (4) the following new paragraph (5):

(5)

The case synopsis shall indicate the unit of each member of the Armed Forces accused of committing a sexual assault and the unit of each member of the Armed Forces who is a victim of sexual assault.

.

(2)

Application of amendments

The amendments made by paragraph (1) shall apply beginning with the report regarding sexual assaults involving members of the Armed Forces required to be submitted by March 1, 2014, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011.

536.

Comprehensive review of adequacy of training for members of the Armed Forces on sexual assault prevention and response

(a)

Comprehensive review required

(1)

In general

The Secretary of Defense shall carry out a review of the adequacy of the training provided members of the Armed Forces on sexual assault prevention and response.

(2)

Responsive action

Upon completion of the review under paragraph (1), the Secretary shall prescribe in regulations such modifications of the training provided members of the Armed Forces on sexual assault prevention and response as the Secretary considers appropriate to address any inadequacies in such training identified during the review.

(b)

Review of personnel responsible for sexual assault prevention and response activities

(1)

Review of personnel

The Secretary shall carry out a review of the adequacy of the training, qualifications, and experience of each member of the Armed Forces and civilian employee of the Department of Defense who is assigned to a position that includes responsibility for sexual assault prevention and response within the Armed Forces for the discharge of such responsibility.

(2)

Assessment of certain elements of prevention and response program

In carrying out the review under paragraph (1), the Secretary shall also conduct an assessment of the adequacy of the training and certifications required for certain such personnel by section 584 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1433; 10 U.S.C. 1561 note).

(3)

Responsive personnel actions

If as a result of the review under paragraph (1) the Secretary determines that any member or civilian employee described in that paragraph does not have the training, qualifications, or experience required to discharge the responsibility referred to in that paragraph, the Secretary shall take appropriate responsive actions, including—

(A)

re-training or re-certification of such member or civilian employee; or

(B)

reassigning such member or civilian employee to duties other than sexual assault prevention and response and replacing such member or civilian with a member or civilian employee qualified to discharge such responsibility.

(4)

Responsive actions regarding program elements

Upon completion of the review under paragraph (1), the Secretary shall prescribe in regulations the following:

(A)

Appropriate minimum levels of training, qualifications, and experience for members of the Armed Forces and civilian personnel of the Department for the discharge of responsibilities for sexual assault prevention and response within the Armed Forces.

(B)

Such requirements for improvements in the training provided to members and civilian employees referred to in subparagraph (A) as the Secretary considers appropriate, including improvements to the training and certifications referred to in paragraph (2), in order to ensure that such members and civilian employees are properly trained and certified to discharge responsibilities for sexual assault prevention and response within the Armed Forces.

(C)

Such requirements for improvements in the processes used to select and assign personnel to sexual assault prevention and response billets as the Secretary considers appropriate to ensure that the highest caliber candidates are selected and assigned to such billets.

(5)

Report required

Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following:

(A)

The findings and responsive action taken based on review under paragraph (1).

(B)

Recommendations of the Secretary for such legislative action as the Secretary considers appropriate—

(i)

to improve training provided members of the Armed Forces on sexual assault and prevention; and

(ii)

to ensure that sexual assault prevention and response positions are considered career enhancing assignments.

537.

Availability of Sexual Assault Response Coordinators for members of the National Guard and the Reserves

Section 584(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1433; 10 U.S.C. 1561 note) is amended—

(1)

by redesignating paragraph (2) as paragraph (3); and

(2)

by inserting after paragraph (1) the following new paragraph (2):

(2)

Availability for members of the National Guard and Reserves

The Secretary of the military department concerned shall ensure that each member of the National Guard or Reserve who—

(A)

is the victim of a sexual assault during the performance of duties as a member of the National Guard or Reserve; or

(B)

is the victim of a sexual assault committed by a member of the National Guard or Reserves,

has access to a Sexual Assault Response Coordinator not later than two business days following the date of such member's request for assistance from a Sexual Assault Response Coordinator.

.

538.

Retention of certain forms in connection with Restricted Reports and Unrestricted Reports on sexual assault involving members of the Armed Forces

(a)

Requirement for retention

Subsection (a) of section 577 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1762; 10 U.S.C. 1561 note) is amended—

(1)

by striking At the request of a member of the Armed Forces who files a Restricted Report on an incident of sexual assault involving the member, the Secretary of Defense shall and inserting The Secretary of Defense shall; and

(2)

by striking the Restricted Report and inserting a Restricted Report or Unrestricted Report on an incident of sexual assault involving a member of the Armed Forces.

(b)

Conforming amendment

The heading of such section is amended to read as follows:

577.

Retention of certain forms in connection with Restricted Reports and Unrestricted Reports on sexual assault involving members of the Armed Forces

.

539.

Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces

(a)

Special Victims' Counsel for certain victims of sexual assault committed by members of the Armed Forces

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall each implement a program on the provision of a Special Victims' Counsel to members of the Armed Forces, and dependents of members, who are victims of a sexual assault committed by a member of the Armed Forces.

(2)

Qualification

An individual may not be designated as a Special Victims' Counsel under this subsection unless the individual is—

(A)

a judge advocate who is a graduate of an accredited law school or is a member of the bar of a Federal court or the highest court of a State; and

(B)

certified as competent to be designated as a Special Victims' Counsel by the Judge Advocate General of the Armed Force of which the individual is a member.

(3)

Duties

(A)

In general

Subject to subparagraph (C), the duties of a Special Victims' Counsel shall include the provision of legal advice and assistance to a victim described in paragraph (1) in connection with criminal and civil legal matters related to the sexual assault committed against the victim, including the following:

(i)

Legal advice and assistance regarding any potential criminal liability of the victim.

(ii)

Legal advice and assistance regarding the victim’s responsibility to testify, and other duties to the court.

(iii)

Legal advice regarding the potential for civil litigation against other parties (other than the Department of Defense).

(iv)

Legal advice regarding any proceedings of the military justice process which the victim may observe.

(v)

Legal advice and assistance regarding any proceeding of the military justice process in which the victim may participate as a witness or other party.

(vi)

Legal advice and assistance regarding available military or civilian restraining or protective orders.

(vii)

Legal advice and assistance regarding available military and veteran benefits.

(viii)

Legal assistance in personal civil legal matters in connection with the sexual assault in accordance with section 1044 of title 10, United States Code.

(ix)

Such other legal advice and assistance as the Secretary of the military department concerned shall specify for purposes of the program implemented under this subsection.

(B)

Nature of relationship

The relationship between a Special Victims' Counsel and a victim in the provision of legal advice and assistance shall be the relationship between an attorney and client.

(b)

Assistance and reporting

(1)

Assistance

Section 1565b of title 10, United States Code, is amended—

(A)

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

(B)

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

(b)

Availability of Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces

(1)

A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault described in paragraph (2) may be provided assistance by a Special Victims' Counsel.

(2)

A sexual assault described in this paragraph is any offense if alleged to have been committed by a member of the armed forces as follows:

(A)

Rape or sexual assault under section 920 of this title (article 120 of the Uniform Code of Military Justice).

(B)

An attempt to commit an offense specified in subparagraph (A) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

(3)

A member of the armed forces or dependent who is the victim of sexual assault described in paragraph (2) shall be informed of the availability of assistance under paragraph (1) as soon as the member or dependent seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, health care providers, or any other personnel designated by the Secretary of the military department concerned for purposes of this paragraph. The member or dependent shall also be informed that the assistance of a Special Victims' Counsel under paragraph (1) is optional and may be declined, in whole or in part, at any time.

(4)

Assistance of a Special Victims' Counsel under paragraph (1) shall be available to a member or dependent regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the sexual assault.

.

(2)

Reporting

Subsection (c) of such section, as redesignated by paragraph (1)(A) of this subsection, is further amended in paragraph (2)—

(A)

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

(B)

by inserting after subparagraph (B) the following new subparagraph (C):

(C)

A Special Victims' Counsel.

.

(c)

Conforming amendments to authority on SARC, SAVA, and related assistance

Subsection (a) of such section is amended—

(1)

in paragraph (1), by striking may and inserting shall, upon request,; and

(2)

in paragraph (2)—

(A)

by inserting a Special Victims' Counsel, after a Sexual Assault Victim Advocate,; and

(B)

by striking or a trial counsel and inserting a trial counsel, health care providers, or any other personnel designated by the Secretary of the military department concerned for purposes of this paragraph.

(d)

Conforming and clerical amendments

(1)

Heading amendment

The heading of such section is amended to read as follows:

1565b.

Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, and Special Victims' Counsels

.

(2)

Table of sections

The table of sections at the beginning of chapter 80 of such title is amended by striking the item relating to section 1565b and inserting the following new item:

1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, and Special Victims' Counsels.

.

540.

Sense of Congress on commanding officer responsibility for command climate free of retaliation

It is the sense of Congress that—

(1)

commanding officers are responsible for establishing a command climate in which sexual assault allegations are properly managed and fairly evaluated and a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command;

(2)

the failure of commanding officers to maintain such a command climate is an appropriate basis for relief from their command positions; and

(3)

senior officers should evaluate subordinate commanding officers on their performance in establishing a command climate as described in paragraph (1) during the regular periodic counseling and performance appraisal process prescribed by the Armed Force concerned for inclusion in the systems of records maintained and used for assignment and promotion selection boards.

541.

Commanding officer action on reports on sexual offenses involving members of the Armed Forces

(a)

Immediate action required

A commanding officer who receives a report of a sexual-related offense involving a member of the Armed Forces in the chain of command of such officer shall act upon the report in accordance with subsection (b) immediately after receipt of the report by the commanding officer.

(b)

Action required

The action required by this subsection with respect to a report described in subsection (a) is the referral of the report to the military criminal investigation organization with responsibility for investigating that offense of the military department concerned or such other investigation service of the military department concerned as the Secretary of the military department concerned may specify for purposes of this section.

542.

Department of Defense 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.

543.

Advancement of submittal deadline for report of independent panel on assessment of military response systems to sexual assault

Section 576(c)(1)(B) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1759) is amended by striking Eighteen months and inserting Twelve months.

544.

Assessment of clemency in the military justice system and of database of alleged offenders of sexual assault as additional duties of independent panel on review and assessment of systems to respond to sexual assault cases

Paragraph (1) of Section 576(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1760) is amended—

(1)

in subparagraph (B), by adding at the end the following new sentence: The comparison shall also include an assessment of the opportunities for clemency provided in the military and civilian systems, the appropriateness of clemency proceedings in the military system, the manner in which clemency is used in the military system, and whether clemency in the military justice system could be reserved until the end of the military appeals process.;

(2)

by redesignating subparagraph (I) as subparagraph (J); and

(3)

by inserting after subparagraph (H) the following new subparagraph (I):

(I)

An assessment of the means by which the name, if known, and other necessary identifying information of an alleged offender that is collected as part of a restricted report of a sexual assault could be compiled into a protected, searchable database accessible only to military criminal investigators, Sexual Assault Response Coordinators, or other appropriate personnel only for the purposes of identifying individuals who are subjects of multiple accusations of sexual assault and encouraging victims to make an unrestricted report of sexual assault in those cases in order to facilitate increased prosecutions, particularly of serial offenders. The assessment should include an evaluation of the appropriate content to be included in the database, as well as the best means to maintain the privacy of those making a restricted report.

.

545.

Assessment of provisions and proposed provisions of law on sexual assault prevention and response as additional duties of independent panels for review and assessment of Uniform Code of Military Justice and judicial proceedings of sexual assault cases

(a)

Assessment as additional duties of panel on response systems to sexual assault crimes

Paragraph (1) of section 576(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1760), as amended by section 544 of this Act, is further amended—

(1)

by redesignating subparagraph (J) as subparagraph (L); and

(2)

by inserting after subparagraph (I) the following new subparagraphs:

(J)

An assessment of the effectiveness of the provisions of law on sexual assault prevention and response in the National Defense Authorization Act for Fiscal Year 2014, including the provisions establishing or amending requirements and authorities relating to sexual assault prevention and response.

(K)

An assessment of the potential effectiveness of the provisions of law on sexual assault prevention and response offered by Senators who are members of the Committee on Armed of the Senate in the markup by the Committee of the Bill to enact the National Defense Authorization Act for Fiscal Year 2014, and not adopted by the Committee during that markup for that Bill, including the provisions seeking to establish or amend requirements and authorities relating to sexual assault prevention and response.

.

(b)

Assessment as additional duties of panel on judicial proceedings

Paragraph (2) of such section is amended—

(1)

by redesignating subparagraph (J) as subparagraph (L); and

(2)

by inserting after subparagraph (I) the following new subparagraphs:

(J)

Monitor and assess the implementation of the provisions of law on judicial proceedings in connection with sexual assault in the National Defense Authorization Act for Fiscal Year 2014, including provisions amending chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and provisions establishing or amending other requirements and authorities relating to such judicial proceedings.

(K)

Assess the potential effectiveness of the provisions of law on judicial proceedings on sexual assault offered by Senators who are members of the Committee on Armed of the Senate in the markup by the Committee of the Bill to enact the National Defense Authorization Act for Fiscal Year 2014, and not adopted by the Committee during that markup for that Bill, including provisions seeking to amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and provisions seeking to establish or amend other requirements and authorities relating to such judicial proceedings.

.

(c)

Transmittal of provisions offered but not adopted

The Chairman and Ranking Member of the Committee on Armed Services of the Senate shall jointly transmit to the independent panels established pursuant to paragraphs (1) and (2) of section 576(a) of the National Defense Authorization Act for Fiscal Year 2013 (126 Stat. 1758) the applicable provisions of law offered by Senators who are members of the Committee on Armed of the Senate in the markup by the Committee of the Bill to enact this Act, and not adopted by the Committee during that markup for that Bill, for purposes of the discharge by such panels of the additional duties arising under the amendments made by subsections (a) and (b).

546.

Assessment of compensation and restitution of victims of offenses under the Uniform Code of Military Justice as additional duty of independent panel on review and assessment of judicial proceedings of sexual assault cases

Paragraph (2) of section 576(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1761), as amended by section 545(b) of this Act, is further amended—

(1)

by redesignating subparagraph (L) as subparagraph (M); and

(2)

by inserting after subparagraph (K) the following new subparagraph (L):

(L)

Assess the adequacy of the provision of compensation and restitution for victims of offenses under chapter 47, of title 10, United States Code (the Uniform Code of Military Justice), and develop recommendations on expanding such compensation and restitution, including consideration of the options as follows:

(i)

Providing the forfeited wages of incarcerated members of the Armed Forces to victims of offenses as compensation.

(ii)

Including bodily harm among the injuries meriting compensation for redress under section 939 of title 10, United States Code (article 139 of the Uniform Code of Military Justice).

(iii)

Requiring restitution by members of the Armed Forces to victims of their offenses upon the direction of a court-martial.

.

II

Related Military Justice Matters

551.

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

(a)

In general

Subsection (a) of section 843 of title 10, United States Code (article 43 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

Subsection (b)(2)(B)(i) of such section (article) 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 apply with respect to offenses committed on or after the date of the enactment of this Act.

552.

Review of decisions not to refer charges of certain sexual offenses to trial by court-martial

(a)

In general

The Secretary of Defense shall require the Secretaries of the military departments to provide for review of decisions not to refer charges to trial by court-martial in cases where a specified sexual offense has been alleged by a victim of the alleged offense.

(b)

Specified sexual offenses

For purposes of this section, a specified sexual offense is any of the following:

(1)

Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice).

(2)

Forcible sodomy under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice).

(3)

An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).

(c)

Review of cases not referred to court-martial following staff judge advocate recommendation of referral for trial

In any case where a staff judge advocate, pursuant to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), recommends that charges of a specified sexual offense be referred to trial by court-martial and the convening authority decides not to refer the charges to a court-martial, the convening authority shall forward the case file to the Secretary of the military department concerned for review as a superior authorized to exercise general court-martial convening authority.

(d)

Review of cases not referred to court-martial following staff judge advocate recommendation not to refer for trial

In any case where a staff judge advocate, pursuant to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), recommends that charges of a specified sexual offense should not be referred to trial by court-martial and the convening authority decides not to refer the charges to a court-martial, the convening authority shall forward the case file for review by a superior commander authorized to exercise general court-martial convening authority.

(e)

Elements of case file

A case file forwarded to higher authority pursuant to subsection (c) or (d) shall include the following:

(1)

All charges and specifications preferred under section 830 of title 10, United States Code (article 30 of the Uniform Code of Military Justice).

(2)

All reports of investigations of such charges, including the military criminal investigative organization investigation report and the investigating officer’s report under section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice).

(3)

The written advice of the staff judge advocate to the convening authority pursuant to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), together with a certification by the staff judge advocate as to whether the facts as reported by the victim of the alleged offense or complaining witness, if true, would or would not constitute a specified sexual offense.

(4)

A written statement explaining the reasons for the convening authority’s decision not to refer the charges to trial by court-martial.

(5)

A certification that the victim of the alleged offense or complaining witness was informed of the convening authority’s decision to forward the case as provided in subsection (c) or (d).

(f)

Notice on results or review

The victim of the alleged offense shall be notified of the results of the review conducted under subsection (c) or (d) in the manner prescribed by the victims and witness assistance program of the Armed Force concerned.

(g)

Allegation of specified sexual offense

The Secretary of Defense shall require the Secretaries of the military departments to develop a system to ensure that a victim of an alleged offense has an opportunity to specify that the offense alleged is a specified sexual offense either at the time of making an unrestricted report of the allegation or during the criminal investigation of the allegation.

553.

Defense counsel interview of complaining witnesses in presence of trial counsel or outside counsel

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 trial counsel, counsel for the witness, or outside counsel.

.

554.

Mandatory discharge or dismissal for certain sex-related offenses under the Uniform Code of Military Justice and trial of such offenses by general courts-martial

(a)

Mandatory discharge or dismissal required

(1)

In general

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)

While a person subject to this chapter who is found guilty of an offense under section 920, 920b, or 925 of this title (article 120, 120b, or 125) or an attempt to commit such an offense as punishable under section 880 of this title (article 80) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge.

.

(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 such title (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 section 810, 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)

Effective date

The amendments made by this section shall take effect 180 days after the date of the enactment of this Act.

555.

Limitation on authority of convening authority to modify findings of a court-martial

(a)

Limitation of authority to offenses that would not normally warrant trial by court-martial

Subsection (c) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is amended—

(1)

in paragraph (3)—

(A)

by inserting may be taken after findings of a court-martial;

(B)

by striking is not required. However, and inserting only with respect to a qualified offense. With respect to such an offense,;

(C)

by striking may— and all that follows through (A) dismiss and inserting may dismiss;

(D)

by striking ; or and inserting a period; and

(E)

by striking subparagraph (B); and

(2)

by adding at the end the following new paragraph:

(4)
(A)

In paragraph (3), the term qualified offense means, except as provided in subparagraph (B), an offense under this chapter for which—

(i)

the maximum sentence of confinement that may be adjudged does not exceed one year; and

(ii)

the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months.

(B)

Such term does not include the following:

(i)

An offense under section 920 of this title (article 120).

(ii)

An offense under section 920a of this title (article 120a).

(iii)

An offense under section 920b of this title (article 120b).

(iv)

An offense under section 920c of this title (article 120c).

(v)

Such other offenses as the Secretary of Defense may prescribe by regulation.

.

(b)

Requirement for explanation in writing

Such subsection is further amended by adding after paragraph (4), as added by subsection (a)(2), the following new paragraph:

(5)

If the convening authority or other person authorized to act under this section modifies the findings or sentence of a court-martial, such person shall prepare a written explanation for such modification. Such explanation shall be made a part of the record of trial and action thereon.

.

(c)

Conforming amendment

Subsection (e)(3) of such section (article) is amended in the first sentence by inserting (if authorized to do so under subsection (c)) after findings and sentence.

(d)

Effective date

The amendments made by subsections (a) and (c) shall apply with respect to offenses committed on or after the date of the enactment of this Act.

556.

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 by adding at the end the following new paragraphs:

(5)
(A)

If an accused elects to submit matters for consideration by the convening authority under this subsection, a copy of any portion of such matters that refers to a complaining witness shall be provided to the complaining witness before the convening authority takes any action on the findings or sentence under this section.

(B)
(i)

Upon receipt of matters under this paragraph, a complaining witness shall have 10 days to submit materials in response to such matters to the convening authority.

(ii)

If a complaining witness shows that additional time is required for submission of materials under this subparagraph, the convening authority or other person taking action under this section, for good cause, may extend the applicable period for submission of such materials for not more than an additional 20 days.

(6)

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 to the convening authority for consideration prior to taking action under this section.

(7)

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 court-martial.

.

557.

Secretary of Defense report on modifications to the Uniform Code of Military Justice to prohibit sexual acts and contacts between military instructors and trainees

(a)

Report required

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the recommendations of the Secretary for such legislative action as the Secretary considers appropriate to modify chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to prohibit sexual acts and contacts between military instructors and their trainees.

(b)

Covered military instructors

For purposes the report required by this section, military instructors shall include the following:

(1)

Drill Sergeants in the Army.

(2)

Drill Instructors in the Marine Corps.

(3)

Recruit Division Commanders in the Navy.

(4)

Military Training instructors in the Air Force.

(5)

Company Commanders in the Coast Guard.

(6)

Such other members of the Armed Forces as the Secretary considers appropriate for purposes of the report as having supervisory authority over new recruits in the Armed Forces undergoing basic training (or its equivalent).

558.

Sense of Senate on disposition of charges involving certain sexual misconduct offenses under the Uniform Code of Military Justice through courts-martial

(a)

Sense of Senate

It is the sense of the Senate that—

(1)

any charge regarding an offense specified in subsection (b) should be disposed of by court-martial, rather than by non-judicial punishment or administrative action; and

(2)

in the case of any charge regarding an offense specified in subsection (b) that is disposed of by non-judicial punishment or administrative action, rather than by court-martial, the disposition authority should include in the case file a justification for the disposition of the charge by non-judicial punishment or administrative action, rather than by court-martial.

(b)

Covered offenses

An offense specified in this subsection is any of the following offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice):

(1)

Rape or sexual assault under subsection (a) or (b) of section 920 of such chapter (article 120 of the Uniform Code of Military Justice).

(2)

Forcible sodomy under section 925 of such chapter (article 125 of the Uniform Code of Military Justice).

(3)

An attempt to commit an offense specified in paragraph (1) or (2), as punishable under section 880 of such chapter (article 80 of the Uniform Code of Military Justice).

559.

Sense of Senate on the discharge in lieu of court-martial of members of the Armed Forces who commit sexual-related offenses

It is the sense of the Senate that—

(1)

the Armed Forces should be sparing in discharging in lieu of court-martial members of the Armed Forces who have committed rape, sexual assault, forcible sodomy, or attempts to commit such offenses, and should do so only when the facts of the case clearly warrant such discharge;

(2)

whenever possible, the victims of offenses referred to in paragraph (1) should be consulted prior to the determination regarding whether to discharge the members who committed such offenses;

(3)

commanding officers should consider the views of victims of offenses referred to in paragraph (1) when determining whether to discharge the members who committed such offenses in lieu of trying such members by court-martial; and

(4)

the discharge of any member who is discharged as described in paragraph (1) should be characterized as Other Than Honorable.

III

Other Military Justice and Legal Matters

561.

Modification of eligibility for appointment as Judge on the United States Court of Appeals for the Armed Forces

(a)

Modification

Section 942(b) of title 10, United States Code (article 142(b) of the Uniform Code of Military Justice), is amended—

(1)

in paragraph (1), by striking from civilian life; and

(2)

by striking paragraph (4) and inserting the following new paragraph (4):

(4)

A person may not be appointed as a judge of the court within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.

.

(b)

Effective date

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

562.

Repeal of the offense of consensual sodomy under the Uniform Code of Military Justice

(a)

Restatement of Article 125 with consensual sodomy omitted

Section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), is amended to read as follows:

925. Art 125.

Forcible sodomy; bestiality

(a)

Forcible sodomy

Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex by force or without the consent of the other person is guilty of forcible sodomy and shall be punished as a court-martial may direct.

(b)

Bestiality

Any person subject to this chapter who engages in unnatural carnal copulation with an animal is guilty of bestiality and shall be punished as a court-martial may direct.

(c)

Scope of offenses

Penetration, however slight, is sufficient to complete an offense under subsection (a) or (b).

.

(b)

Clerical amendment

The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by striking the item relating to section 925 (article 125) and inserting the following new item:

925. Art 125. Forcible sodomy; bestiality.

.

563.

Prohibition of retaliation against members of the Armed Forces for reporting a criminal offense

(a)

Regulations on prohibition of retaliation required

The Secretary of Defense shall, not later than 120 days after the date of the enactment of this Act, prescribe regulations, or require the Secretaries of the military departments to prescribe regulations, that prohibit retaliation against an alleged victim or other member of the Armed Forces who reports a criminal offense. The regulations shall prescribe that a violation of the regulations is an offense punishable under section 892 of title 10, United States Code (article 92 of the Uniform Code of Military Justice).

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the recommendations of the Secretary as to whether chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), should be amended to prohibit retaliation against an alleged victim or other member of the Armed Forces who reports a criminal offense.

(c)

Retaliation

For purposes of this section, retaliation shall include, as a minimum, taking or threatening to take any adverse personnel action, or failing to take or threatening not to take a favorable personnel action, with respect to a member of the Armed Forces because the member reported a criminal offense.

564.

Extension of crime victims' rights to victims of offenses under the Uniform Code of Military Justice

(a)

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 modifications to the Manual for Courts-Martial, and prescribe such other regulations as the Secretary considers appropriate, to enforce the rights of victims of military crimes as specified in subsection (b) and to ensure compliance by responsible members of the Armed Forces and personnel of the Department of Defense with the obligations to enforce such rights.

(b)

Rights

The rights of victims of military crimes specified in this subsection are 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 title 10, United States Code (article 32 of the Uniform Code of Military Justice), 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 public proceeding referred to in paragraph (2) unless the military judge or investigating officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.

(4)

The right to be reasonably heard at any public proceeding referred to in paragraph (2).

(5)

The reasonable right to confer with the trial counsel in the case.

(6)

The right to full and timely restitution as provided in law.

(7)

The right to proceedings free from unreasonable delay.

(8)

The right to be treated with fairness and with respect for the victim's dignity and privacy.

(c)

Victims

(1)

In general

For purposes of the recommendations and regulations required by subsection (a), a victim of a military crime shall be any person who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of—

(A)

an offense under chapter 47 of the Uniform Code of Military Justice; or

(B)

a violation of any other law if any portion of the investigation of such violation is conducted primarily by an element of the Department of Defense.

(2)

Underage, incompetent, and other individual victims

For such purposes, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, a victim of a military crime includes one of the following (in order of precedence): a spouse, legal guardian, parent, child, sibling, another family member, or another person designated by the military judge or other appropriate authority.

(3)

Institutional entity victims

For such purposes, if a victim is an institutional entity, the victim of a military crime is an authorized representative of the entity.

(4)

Governmental entities excluded

For such purposes, departments and agencies of the Federal Government, and agencies of State and local governments, are not victims of military crimes.

(d)

Mechanisms for affording rights

The recommendations and regulations required by subsection (a) shall include the following:

(1)

Mechanisms for ensuring that victims of military crimes are afforded the rights specified in subsection (b) in all applicable proceedings.

(2)

Mechanisms for ensuring that members of the Armed Forces and civilian personnel of the Department of Defense (including military judges, trial 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 chapter 47 of title 10, United States Code (the Uniform Code of Military Justice)) make their best efforts to see that victims of military crimes are notified of, and accorded, the rights specified in subsection (b) in all applicable proceedings.

(3)

Mechanisms for the enforcement of such rights, including such mechanisms for application for such rights and for consideration and disposition of applications for such rights as the Secretary of Defense considers appropriate.

(4)

The designation of an authority within the Department of Defense to receive and investigate complaints relating to the provision or violation of the rights of victims of military crimes.

(5)

Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense who willfully or wantonly fail to comply with requirements relating to the rights of victims of military crimes.

(6)

Such other mechanisms as the Secretary of Defense considers appropriate.

565.

Modification of Manual for Courts-Martial to eliminate factor relating to character and military service of the accused in rule on initial disposition of offenses

Not later than 180 days after the date of the enactment of this Act, the discussion pertaining to Rule 306 of the Manual for Courts-Martial (relating to policy on initial disposition of offenses) shall be amended to strike the character and military service of the accused from the matters a commander should consider in deciding how to dispose of an offense.

F

Defense Dependents' Education and Military Family Readiness Matters

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, $25,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

572.

Impact aid for children with severe disabilities

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

G

Decorations and Awards

581.

Matters relating to Medals of Honor and other medals of high precedence for members of the Armed Forces

(a)

Repeal of limitation on number of Medals of Honor awardable to a member

(1)

Army

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

(2)

Navy and Marine Corps

Section 6247 of such title is amended by striking medal of honor,.

(3)

Air Force

Section 8744(a) of such title is amended by striking medal of honor, Air Force cross, or and inserting Air Force cross or.

(4)

Coast Guard

Section 494 of title 14, United States Code, is amended by striking medal of honor, both places it appears.

(b)

Standardization of time-limits for recommending and awarding Medal of Honor, service cross, or distinguished-service medal across the Armed Forces

(1)

Army

Section 3744 of title 10, United States Code, is further amended—

(A)

in subsection (b)—

(i)

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

(ii)

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

(B)

in subsection (d)(1), by striking two years and inserting three years.

(2)

Air Force

Section 8744 of such title is further amended—

(A)

in subsection (b)—

(i)

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

(ii)

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

(B)

in subsection (d)(1), by striking two years and inserting three years.

582.

Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll

(a)

Automatic enrollment and furnishing of certificate

(1)

In general

Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:

1136.

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 of Homeland Security, respectively, 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 such 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)

Certificate

(1)

In general

Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be furnished a certificate of enrollment on such roll.

(2)

Entitlement to special pension

The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under paragraph (1). Such copy 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 chapter 57 of such title is amended by adding at the end the following new item:

1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll.

.

(b)

Special pension

(1)

Automatic entitlement

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

(A)

by inserting living after each;

(B)

by striking subsection (c) of section 1561 of this title and inserting section 1136(c)(2) of title 10; and

(C)

by striking application therefor under section 1560 of this title and inserting such person's name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under section 1136(b) of title 10.

(2)

Election to decline special pension

Section 1562 of such title is further amended by adding at the end the following new subsection:

(g)
(1)

A person who is entitled to a special pension under subsection (a) may elect not to receive such special pension by notifying the Secretary of such election in writing.

(2)

The Secretary, upon receipt of such election, shall cease payments of the special pension to such person.

.

(3)

Technical amendment

Section 1562(a) of such title is further amended by striking roll and inserting Roll.

(c)

Conforming amendments

(1)

Repeal of superseded 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)

Effective date

The amendments made by this section shall be effective with respect to medals of honor awarded on or after the date of the enactment of this Act.

583.

Authority for award of the Distinguished Service Cross to Robert F. Keiser for valor during the Korean War

(a)

Waiver of time limitations

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished Service Cross under section 3742 of that title to Robert F. Keiser for the acts of valor referred to in subsection (b).

(b)

Action described

The acts of valor referred to in subsection (a) are the actions of Robert F. Keiser as a member of the 2d Military Police Company, 2d Infantry Division during the Korean War.

584.

Authority for award of the Distinguished Service Cross to Sergeant First Class Patrick N. Watkins, Jr., for acts of valor during the Vietnam War

(a)

Waiver of time limitations

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

(b)

Action described

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

H

Other Matters

591.

Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing

Section 1501(a)(1) of title 10, United States Code, is amended—

(1)

in subparagraph (B), by striking and at the end;

(2)

in subparagraph (C), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(D)

coordination of periodic briefing of families of missing persons about the efforts of the Department of Defense to account for those persons.

.

592.

Expansion of privileged information authorities to debriefing reports of certain recovered persons who were never placed in a missing status

(a)

Expansion of covered reports

Section 1506 of title 10, United States Code, is amended—

(1)

in subsection (d)—

(A)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B)

by inserting after paragraph (1) the following new paragraph (2):

(2)

The Secretary concerned shall withhold from personnel files under this section, as privileged information, any survival, evasion, resistance, and escape debriefing report provided by a person described in section 1501(c) of this title who is returned to United States control which is obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information.

; and

(2)

in subsection (f), by striking paragraphs (2) and (3) and inserting paragraphs (3) and (4).

(b)

Definition applicable to covered reports

Section 1513 of such title is amended by adding at the end the following new paragraph:

(9)

The term survival, evasion, resistance, and escape debriefing means an interview conducted with a person described in section 1501(c) of this title who is returned to United States control in order to record the person's experiences while surviving, evading, resisting interrogation or exploitation, or escaping.

.

VI

Compensation and Other Personnel Benefits

A

Pay and Allowances

601.

Fiscal year 2014 increase in military basic pay

(a)

Waiver of section 1009 adjustment

The adjustment to become effective during fiscal year 2014 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b)

Increase in Basic Pay

Effective on January 1, 2014, the rates of monthly basic pay for members of the uniformed services are increased by 1 percent.

602.

Repeal of authority relating to commencement of basic pay for members of the National Guard called into Federal service for less than 30 days

(a)

Repeal

Section 204 of title 37, United States Code, is amended by striking subsection (c).

(b)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to members of the National Guard who are called into Federal service for a period of less than 30 days on or after that date.

603.

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 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.

Correction of citation for extension of reimbursement authority for travel expenses for inactive-duty training outside of normal commuting distance and additional one-year extension

(a)

Correction of erroneous citation to former provision

Effective as of January 2, 2013, and as if included therein as enacted, section 611(7) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1776) is amended by striking Section 408a(e) and inserting Section 478a(e).

(b)

Additional one-year extension

Section 478a(e) of title 37, United States Code, as amended by section 611(7) of the National Defense Authorization Act for Fiscal Year 2013, as corrected by subsection (a), is further amended by striking December 31, 2013 and inserting December 31, 2014.

617.

Expansion to all reserve components of stipend for registered nurses in critical specialties under health professions stipend program

Section 16201(d) of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking subparagraph (B) and inserting the following new subparagraph (B):

(B)

is eligible for appointment as a Reserve officer for service in a reserve component in a Nurse Corps or as a nurse; and

; and

(2)

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

(B)

the participant shall not be eligible to receive such stipend before being appointed as a Reserve officer for service in the Ready Reserve in a Nurse Corps or as a nurse; and

.

C

Travel and Transportation Allowances

631.

Technical and standardizing amendments to Department of Defense travel and transportation authorities in connection with reform of such authorities

(a)

Escorts of dependents of members

(1)

Incorporation of escorts of dependents under general authority

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

(2)

Repeal of superseded authority

(A)

Section 1036 of title 10, United States Code, is repealed.

(B)

The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1036.

(b)

Travel and transportation of dependent patients

Section 1040 of title 10, United States Code, is amended—

(1)

in subsection (a)(1), by striking round-trip transportation and all that follows through may be paid at the expense of the United States and inserting travel and transportation allowances may be furnished necessary attendants. The dependents and any attendants shall be provided such travel and transportation allowances as specified in regulations prescribed under section 464 of title 37.; and

(2)

by striking subsection (d).

(c)

Travel in connection with leave cancelled due to contingency operations

(1)

Incorporation of expenses under general authority

Section 453 of title 37, United States Code, is amended by adding at the end the following new subsection:

(g)

Reimbursement for travel in connection with leave cancelled due to contingency operations

A member may be reimbursed as specified in regulations prescribed under section 464 of this title for travel and related expenses incurred by the member as a result of the cancellation of previously approved leave when the leave is cancelled in conjunction with the member's participation in a contingency operation and the cancellation occurs within 48 hours of the time the leave would have commenced. The settlement for reimbursement under this subsection is final and conclusive.

.

(2)

Repeal of superseded authority

(A)

Section 1053a of title 10, United States Code, is repealed.

(B)

The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1053a.

(d)

Travel and transportation for travel for specialty health care

Section 1074i of title 10, United States Code, is amended—

(1)

in subsection (a), by striking reimbursement for reasonable travel expenses and inserting travel and transportation allowances as specified in regulations prescribed under section 464 of title 37; and

(2)

in subsection (b), striking Reimbursement for travel under exceptional circumstances.—The Secretary of Defense may provide reimbursement for reasonable travel expenses of and inserting Allowable travel and transportation under exceptional circumstances.—The Secretary of Defense may provide travel and transportation allowances as specified in the regulations referred to in subsection (a) for.

(e)

Travel and transportation in connection with the disposition of remains of members

Section 1482(a)(8) of title 10, United States Code, is amended by striking and roundtrip transportation and prescribed allowances and inserting and travel and transportation allowances as specified in regulations prescribed under section 464 of title 37.

(f)

Travel and transportation in connection with funeral honors functions at funerals for veterans

Section 1491(d)(1) of title 10, United States Code, is amended by striking transportation (or reimbursement for transportation) and expenses and inserting travel and transportation allowances as specified in regulations prescribed under section 464 of title 37.

(g)

Repeal of redundant authority on motor vehicle transportation or storage for members undergoing PCS or extended deployment

(1)

Repeal

Section 2634 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of section at the beginning of chapter 157 of such title is amended by striking the item relating to section 2634.

(h)

Clarification of limitation on transportation of household goods

Section 453(c)(3) of title 37, United States Code, is amended by striking (including packing, crating, and household goods in temporary storage) and inserting (including household goods in temporary storage, but excluding packing and crating).

D

Disability, Retired Pay, and Survivor Benefits

641.

Clarification of prevention of retired pay inversion in the case of members whose retired pay is computed using high-three

(a)

Clarification

Subsection (f) of section 1401a of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking Prevention of retired pay inversions.—Notwithstanding any other provision of law, the and inserting Prevention of retired pay inversions for members with retired pay computed using final basic pay.—The; and

(B)

by inserting who first became a member of a uniformed service before September 8, 1980, and after of an armed force;

(2)

by redesignating paragraph (2) as paragraph (3); and

(3)

by inserting after paragraph (1) the following new paragraph (2):

(2)

Prevention of retired pay inversions for members with retired pay computed using high-three

Subject to subsections (d) and (e), the monthly retired pay of a member or former member of an armed force who first became a member of a uniformed service on or after September 8, 1980, may not be less, on the date on which the member or former member initially becomes entitled to such pay, than the monthly retired pay to which the member or former member would be entitled on that date if the member or former member had become entitled to retired pay on an earlier date, adjusted to reflect any applicable increases in such pay under this section. However, in the case of a member or former member whose retired pay is computed subject to section 1407(f) of this title, paragraph (1) (rather than the preceding sentence) shall apply in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980, but only with respect to a calculation as of the date on which the member or former member first became entitled to retired pay.

.

(b)

Cross-reference amendments

Such section is further amended by striking subsection (f)(2) in subsections (c)(1), (c)(2), (d), and (e) and inserting subsection (f)(3).

(c)

Applicability

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

(d)

Technical amendments

Such section is further amended by striking before the enactment of the National Defense Authorization Act for Fiscal Year 2008 in subsections (d) and (e) and inserting before January 28, 2008.

642.

Effect on division of retired pay of election to receive combat-related special compensation after previous election to receive concurrent retirement and disability compensation

(a)

In general

Section 1414(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

Payments before election to receive combat-related special compensation

(A)

An election by a member pursuant to paragraph (2) to change from receipt of retired pay in accordance with this section to receipt of special compensation in accordance with section 1413a of this title shall not affect payments made before the date of such election to the member’s spouse or former spouse pursuant to section 1408 of this title of disposable retired pay that a court treated as property for the purpose of issuing a final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such decree.

(B)

In this paragraph:

(i)

The term court has the meaning given such term in section 1408(a)(1) of this title.

(ii)

The term disposable retired pay has the meaning given such term in section 1408(a)(4) of this title.

(iii)

The term final decree has the meaning given such term in section 1408(a)(3) of this title.

(iv)

The term member has the meaning given such term in section 1408(a)(5) of this title.

(v)

The term spouse or former spouse has the meaning given such term in section 1408(a)(6) of this title.

.

(b)

Applicability

Paragraph (3) of section 1414(d) of title 10, United States Code, as added by subsection (a), shall apply with respect to payments made under section 1408 of title 10, United States Code, on or after the date of the enactment of this Act.

643.

Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support

(a)

Special needs trust as eligible beneficiary

(1)

In general

Subsection (a) of section 1450 of title 10, United States Code, is amended—

(A)

by redesignating paragraph (4) as paragraph (5); and

(B)

by inserting after paragraph (3) the following new paragraph (4):

(4)

Special needs trusts for sole benefit of certain dependent children

Notwithstanding subsection (i), a supplemental or special needs trust established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)) for the sole benefit of a dependent child considered disabled under section 1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who is incapable of self-support because of mental or physical incapacity.

.

(2)

Conforming amendment

Subsection (i) of such section is amended by inserting (a)(4) or after subsection.

(b)

Regulations

Section 1455(d) of such title is amended—

(1)

in the subsection caption, by striking and fiduciaries and inserting , fiduciaries, and special needs trusts;

(2)

in paragraph (1)—

(A)

in subparagraph (A), by striking and at the end;

(B)

in subparagraph (B), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new subparagraph:

(C)

a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust has been established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)).

;

(3)

in paragraph (2)—

(A)

by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively;

(B)

by inserting after subparagraph (B) the following new subparagraph (C):

(C)

In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant.

;

(C)

in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, by striking subparagraphs (D) and (E) and inserting subparagraphs (E) and (F); and

(D)

in subparagraph (H), as so redesignated—

(i)

by inserting or (1)(C) after paragraph (1)(B) in the matter preceding clause (i);

(ii)

in clause (i), by striking and at the end;

(iii)

in clause (ii), by striking the period at the end and inserting ; and; and

(iv)

by adding at the end the following new clause:

(iii)

procedures for determining when annuity payments to a supplemental or special needs trust shall end based on the death or marriage of the dependent child for which the trust was established.

; and

(4)

in paragraph (3), by striking or fiduciary in the paragraph caption and inserting , fiduciary, or trust.

644.

Periodic notice to members of the Ready Reserve on early retirement credit earned for significant periods of active Federal status or active duty

Section 12731(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

The Secretary concerned shall periodically notify each member of the Ready Reserve described by paragraph (2) of the current eligibility age for retired pay of such member under this section, including any reduced eligibility age by reason of the operation of that paragraph. Notice shall be provided by such means as the Secretary considers appropriate taking into account the cost of provision of notice and the convenience of members.

.

645.

Preservation of retiree dependent status for certain dependents upon death or permanent incapacitation of the retired member on whom dependent status is based

Section 1060b(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

In the case of an individual who is treated as a retiree dependent described in paragraph (1)(B) on the date on which the member providing the basis for such individual's dependent status under this section dies or becomes permanently incapacitated, no further certification of the individual as a retiree dependent on the basis of dependency for financial support shall be required or carried out for purposes of this section on or after that date.

.

E

Military Lending Matters

661.

Enhanced role for the Department of Justice under the Military Lending Act

(a)

Enforcement by the Attorney General

Subsection (f) of section 987 of title 10, United States Code, is amended by adding at the end the following new paragraph:

(7)

Enforcement by the Attorney General

(A)

In general

The Attorney General may commence a civil action in any appropriate district court of the United States against any person who—

(i)

engages in a pattern or practice of violating this section; or

(ii)

engages in a violation of this section that raises an issue of general public importance.

(B)

Relief

In a civil action commenced under subparagraph (A), the court—

(i)

may grant any appropriate equitable or declaratory relief with respect to the violation of this section;

(ii)

may award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and

(iii)

may, to vindicate the public interest, assess a civil penalty—

(I)

in an amount not exceeding $110,000 for a first violation; and

(II)

in an amount not exceeding $220,000 for any subsequent violation.

(C)

Intervention

Upon timely application, a person aggrieved by a violation of this section with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under paragraph (5) with respect to that violation, along with costs and a reasonable attorney fee.

(D)

Issuance and service of civil investigative demands

Whenever the Attorney General, or a designee, has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this section, the Attorney General, or a designee, may, before commencing a civil action under subparagraph (A), issue in writing and cause to be served upon such person, a civil investigative demand requiring—

(i)

the production of such documentary material for inspection and copying;

(ii)

that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or

(iii)

the production of any combination of such documentary material or answers.

(E)

Relationship to False Claims Act

The statutory provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 of title 31 (known as the False Claims Act) shall govern the authority to issue, use, and enforce civil investigative demands under subparagraph (D), except that—

(i)

any reference in that section to false claims law investigators or investigations shall be applied for purposes of subparagraph (D) as referring to investigators or investigations under this section;

(ii)

any reference in that section to interrogatories shall be applied for purposes of subparagraph (D) as referring to written questions and answers to such need not be under oath;

(iii)

the statutory definitions for purposes of that section relating to false claims law shall not apply; and

(iv)

provisions of that section relating to qui tam relators shall not apply.

.

(b)

Consultation with Department of Justice

Subsection (h)(3) of such section is amended by adding at the end the following new subparagraph:

(H)

The Department of Justice.

.

F

Other Matters

671.

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

(a)

Disposition of remains of persons whose death is investigated by the Armed Forces Medical Examiner

(1)

Covered decedents

Section 1481(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(10)

To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose remains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title.

.

(2)

Authorized expenses relating to care and disposition of remains

Section 1482 of such title is amended by adding at the end the following new subsection:

(g)
(1)

The payment of expenses incident to the recovery, care, and disposition of the remains of a decedent covered by section 1481(a)(10) of this title is limited to those expenses that, as determined under regulations prescribed by the Secretary of Defense, would not have been incurred but for the retention of those remains for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title.

(2)

In a case covered by paragraph (1), if the person designated under subsection (c) to direct disposition of the remains of a decedent does not direct disposition of the remains that were retained for the forensic pathology investigation, the Secretary may pay for the transportation of those remains to, and interment or inurnment of those remains in, an appropriate place selected by the Secretary, in lieu of the transportation authorized to be paid under paragraph (8) of subsection (a).

(3)

In a case covered by paragraph (1), expenses that may be paid do not include expenses with respect to an escort under paragraph (8) of subsection (a), whether or not on a reimbursable basis.

(4)

The Secretary concerned may pay any other expenses relating to the remains of such a decedent that are authorized to be paid under this section 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.

.

(b)

Clarification of coverage of inurnment

Section 1482(a)(9) of such title is amended by inserting or inurnment after Interment.

(c)

Technical amendment

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

672.

Extension of ongoing pilot programs under temporary Army incentive to provide additional recruitment incentives

Section 681(i) of the National Defense Authorization Act for Fiscal Year 2006 (10 U.S.C. 503 note) is amended—

(1)

in paragraph (1), by striking The Secretary may not and inserting Except as provided in paragraph (2), the Secretary may not;

(2)

by redesignating paragraph (2) as paragraph (3);

(3)

by inserting after paragraph (1) the following new paragraph (2):

(2)

Authority to continue certain pilot programs

The Secretary may continue through December 31, 2015, any pilot program carried out under the authority in this section that was ongoing as of December 31, 2012.

; and

(4)

in paragraph (3), as redesignated by paragraph (2) of this section—

(A)

by striking paragraph (1) and inserting this subsection; and

(B)

by striking that paragraph and inserting the applicable paragraph of this subsection.

VII

Health Care Provisions

B

Health Care Administration

711.

Pilot program on increased collection of third-party reimbursements for health care services provided in military medical treatment facilities

(a)

Pilot program

The Secretary of Defense shall, in coordination with the Secretaries of the military departments, carry out a pilot program to assess the feasibility and advisability of using processes described in subsection (b) to increase the amounts collected under section 1095 of title 10, United States Code, from third-party payers for charges for health care services incurred by the United States at military medical treatment facilities.

(b)

Covered processes

The processes described in this subsection are commercially available enhanced recovery practices for medical payment collection, including rates and percentages of collection in accordance with industry standards for such practices.

(c)

Elements

The Secretary shall carry out the pilot program so as—

(1)

to facilitate the identification and analysis of best practices in connection with the processes described in subsection (b) that are used in nonmilitary health care facilities; and

(2)

to permit a cost-benefit analysis of the processes used under the pilot program, including an analysis of—

(A)

the amount of third-party collections that resulted from such processes;

(B)

the cost to implement and sustain such processes; and

(C)

such other matters as the Secretary considers appropriate for the pilot program.

(d)

Location

The Secretary shall carry out the pilot program at not less than two military installations of different military departments each of which meets the following criteria:

(1)

Such installation has a military medical treatment facility with both inpatient and outpatient capabilities.

(2)

The catchment area of such installation contains a significant-sized military beneficiary population who are potentially covered by third-party payers (as defined in section 1095(h)(1) of title 10, United States Code).

(e)

Duration

The Secretary shall commence the pilot program by not later than 270 days after the date of the enactment of this Act, and shall carry out the pilot program for two years.

(f)

Report

Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. The report shall include the following:

(1)

A description of the pilot program.

(2)

A comparative description of—

(A)

the processes described in subsection (b) that were used in the military medical treatment facilities included in the pilot program; and

(B)

third-party collection processes used by similar military medical treatment facilities not included in the pilot program.

(3)

An assessment of the feasibility and advisability of using processes described in subsection (b) to increase the amounts collected from third-party payers for charges for health care services incurred by the United States at military medical treatment facilities, including a cost-benefit analysis of the implementation of such processes for third-party collections for health care services at military medical treatment facilities.

(4)

Such recommendations for legislative or administrative action to improve third-party collections for health care services at military medical treatment facilities as the Secretary considers appropriate in light of the pilot program.

712.

Sense of Senate on implementation of integrated electronic health records for the Department of Defense and the Department of Veterans Affairs

(a)

Findings

The Senate makes the following findings:

(1)

The electronic health records systems used by the Department of Defense and the Department of Veterans Affairs have been independently developed and implemented by each Department. As a result, and despite more than 15 years of efforts including numerous initiatives and programs, full interoperability between the systems has yet to be achieved.

(2)

The lack of full interoperability between the health records systems negatively impacts members of the Armed Forces who separate from military service and transition to veteran status. Medical records may be lost, requiring patients to repeat tests, increase overall costs, and further exacerbate the backlog of disability claims at the Department of Veterans Affairs.

(3)

The Government Accountability Office has identified several problems that the Department of Defense and the Department of Veterans Affairs face in their efforts to achieve full interoperability of their health records systems. The Government Accountability Office points to the failure of the Departments to define performance goals and measures that would allow for program management and assessment of progress. The Government Accountability Office also highlights inadequate management in the Departments and the Interagency Program Office, which oversees the integration of Department of Defense and Department of Veterans Affairs medical records.

(4)

The National Defense Authorization Act for Fiscal Year 2008 directed the Department of Defense and the Department of Veterans Affairs to jointly develop and implement fully interoperable health record capabilities by September 30, 2009.

(b)

Sense of Senate

It is the sense of the Senate that—

(1)

despite clear congressional direction, years of effort, and the expenditure of significant resources, full electronic interoperability between the health records systems of the Department of Defense and the Department of Veterans Affairs has not been achieved;

(2)

the Secretary of Defense, in collaboration with the Secretary of Veterans Affairs, should fully staff the Interagency Program Office and provide it with a robust charter meeting the original intent of Congress;

(3)

the Secretary of Defense, in collaboration with the Secretary of Veterans Affairs, should establish challenging, but achievable, deadlines for the development and implementation of measures and goals for electronic health records for the Department of Defense and the Department of Veterans Affairs, including measures and goals relating to—

(A)

the creation of a health data authoritative source;

(B)

the ability of patients of both the Department of Defense and the Department of Veterans Affairs to download their medical records (commonly referred to as the Blue Button Initiative);

(C)

the full interoperability of personal health care information between the Departments;

(D)

the standardization of health care data between the Departments;

(E)

the acceleration of the exchange of real-time health care data between the Departments;

(F)

the upgrade of the graphical user interface to display the new standardized health care data of the Departments; and

(G)

the provision to members of the Armed Forces of access to an electronic copy of their health care records throughout the course of their military career; and

(4)

the Interagency Program Office should establish a secure, remote, network-accessible computer storage system (commonly referred to as cloud storage) to—

(A)

provide members of the Armed Forces and veterans the ability to upload their health care records; and

(B)

allow medical providers of the Department of Defense and the Department of Veterans Affairs to access such records in the course of providing care to members of the Armed Forces and veterans.

C

Reports and Other Matters

721.

Report on provision of advanced prosthetics and orthotics to members of the Armed Forces and veterans

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the plans of the Department of Defense and the Department of Veterans Affairs, respectively, to ensure that the most clinically appropriate prosthetics and orthotics are made available to injured members of the Armed Forces and veterans using technological advances as appropriate.

(b)

Covered prosthetics and orthotics

The prosthetics and orthotics to be covered by the report under subsection (a) shall include, but not be limited to, powered prosthetics and orthotics that will enable members of the Armed Forces and veterans who have suffered amputation and, in the case of orthotics wearers, other injuries with limb salvage, to restore functionality to the maximum extent practicable.

(c)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and

(2)

the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.

VIII

Acquisition Policy, Acquisition Management, and Related Matters

A

Acquisition Policy and Management

801.

Restatement and revision of requirements applicable to multiyear defense acquisitions to be specifically authorized by law

(a)

In general

Subsection (i) of section 2306b of title 10, United States Code, is amended to read as follows:

(i)

Defense acquisitions specifically authorized by law

(1)

In the case of the Department of Defense, a multiyear contract in amount equal to or greater than $500,000,000 may not be entered into under this section unless the contract is specifically authorized by law in an Act other than an appropriations Act.

(2)

In submitting a request for a specific authorization by law to carry out a defense acquisition program using multiyear contract authority under this section, the Secretary shall include in the request a report containing preliminary findings of the agency head required in paragraphs (1) through (6) of subsection (a) together with the basis for such findings.

(3)

A multiyear contract may not be entered into under this section for a defense acquisition program that has been specifically authorized by law to be carried out using multiyear contract authority unless the Secretary of Defense certifies in writing, not later than 30 days before entry into the contract, that each of the following conditions is satisfied:

(A)

The Secretary has determined that each of the requirements in paragraphs (1) through (6) of subsection (a) will be met by such contract and has provided the basis for such determination to the congressional defense committees.

(B)

The Secretary's determination under subparagraph (A) was made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Analysis and such analysis supports the findings.

(C)

The system being acquired pursuant to such contract has not been determined to have experienced cost growth in excess of the critical cost growth threshold pursuant to section 2433(d) of this title within 5 years prior to the date the Secretary anticipates such contract (or a contract for advance procurement entered into consistent with the authorization for such contract) will be awarded.

(D)

A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most current estimates of the program acquisition unit cost or procurement unit cost for such system to determine that current estimates of such unit costs are realistic.

(E)

During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required to execute the program without cancellation.

(F)

The contract is a fixed price type contract.

(G)

The proposed multiyear contract provides for production at not less than minimum economic rates given the existing tooling and facilities.

(4)

If for any fiscal year a multiyear contract to be entered into under this section is authorized by law for a particular procurement program and that authorization is subject to certain conditions established by law (including a condition as to cost savings to be achieved under the multiyear contract in comparison to specified other contracts) and if it appears (after negotiations with contractors) that such savings cannot be achieved, but that substantial savings could nevertheless be achieved through the use of a multiyear contract rather than specified other contracts, the President may submit to Congress a request for relief from the specified cost savings that must be achieved through multiyear contracting for that program. Any such request by the President shall include details about the request for a multiyear contract, including details about the negotiated contract terms and conditions.

(5)
(A)

The Secretary may obligate funds for procurement of an end item under a multiyear contract for the purchase of property only for procurement of a complete and usable end item.

(B)

The Secretary may obligate funds appropriated for any fiscal year for advance procurement under a contract for the purchase of property only for the procurement of those long-lead items necessary in order to meet a planned delivery schedule for complete major end items that are programmed under the contract to be acquired with funds appropriated for a subsequent fiscal year (including an economic order quantity of such long-lead items when authorized by law).

(6)

The Secretary may make the certification under paragraph (3) notwithstanding the fact that one or more of the conditions of such certification are not met, if the Secretary determines that, due to exceptional circumstances, proceeding with a multiyear contract under this section is in the best interest of the Department of Defense and the Secretary provides the basis for such determination with the certification.

(7)

The Secretary may not delegate the authority to make the certification under paragraph (3) or the determination under paragraph (6) to an official below the level of Under Secretary of Defense for Acquisition, Technology, and Logistics.

.

(b)

Conforming amendment

Subsection (a)(7) of such section is amended by striking subparagaphs (C) through (F) of paragraph (1) of subsection (i) and inserting subparagraphs (C) through (F) of subsection (i)(3).

(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 requests for specific authorization by law to carry out defense acquisition programs using multiyear contract authority that are made on or after that date.

802.

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

(a)

Extension

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

(b)

Clarification of authority

Subsection (b)(1)(B) of such section is amended—

(1)

by striking and the NATO International Security Assistance Force and inserting or NATO forces; and

(2)

by striking to Afghanistan and inserting to or from Afghanistan.

803.

Report on program manager training and experience

(a)

Updated report on program manager training and experience deficiencies

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an updated version of the 2009 Department of Defense report entitled OSD Study of Program Manager Training and Experience. The updated version of the report shall address the personnel specified in subsection (b).

(b)

Covered personnel

The personnel to be addressed by the report required by subsection (a) shall be the acquisition personnel of the Department of Defense as follows:

(1)

Acquisition personnel classified as ACAT I personnel.

(2)

Acquisition personnel classified as ACAT IA personnel.

(3)

Acquisition personnel classified as ACAT II personnel.

(c)

Elements

The report required in subsection (a) shall—

(1)

take into consideration the training, qualifications, and experience of covered personnel to perform acquisition program management functions for the Department of Defense;

(2)

summarize assessments by covered personnel of the practicality and comprehensiveness of the training provided such personnel in acquisition program management;

(3)

identify, describe, and analyze trends in the training and experience of covered personnel in acquisition program management between the time of the report referred to in subsection (a) and the updated version of the report as required by subsection (a); and

(4)

set forth such recommendations for improvements to the training and experience of covered personnel in acquisition program management as the Secretary considers appropriate.

B

Provisions Relating to Major Defense Acquisition Programs

821.

Synchronization of cryptographic systems for major defense acquisition programs

(a)

In general

Section 2366b(a)(3) of title 10, United States Code, is amended—

(1)

in subparagraph (F), by striking and at the end;

(2)

by redesignating subparagraph (G) as subparagraph (H); and

(3)

by inserting after subparagraph (F) the following new subparagraph (G):

(G)

there is a plan to mitigate and account for any costs in connection with any anticipated de-certification of cryptographic systems and components during the production and procurement of the major defense acquisition program to be acquired; and

.

(b)

Effective date

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

822.

Assessment of dedicated control system before Milestone B approval of major defense acquisition programs constituting a space program

(a)

In general

As part of the certification required by section 2366b(a) of title 10, United States Code, before Milestone B approval of a space system, the milestone decision authority shall perform a business case analysis for any new or follow on satellite system using a dedicated control system instead of a shared control system.

(b)

Sunset

No business case analysis is required to be performed under subsection (a) for any Milestone B approval of a space system after December 31, 2019.

823.

Additional responsibility for product support managers for major weapon systems

Section 2337(b)(2) of title 10, United States Code, is amended—

(1)

in subparagraph (G), by striking and at the end;

(2)

in subparagraph (H), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(I)

ensure that each product support arrangement for the weapon system states explicitly how such arrangement will maximize use of government-owned inventory before obtaining inventory from commercial sources.

.

824.

Comptroller General of the United States review of Department of Defense processes for the acquisition of weapon systems

(a)

Review required

Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall carry out a comprehensive review of the processes and procedures of the Department of Defense for the acquisition of weapon systems.

(b)

Objective of review

The objective of the review required by subsection (a) shall be to identify the following:

(1)

Processes and procedures that provide little or no value added, or for which any value added is outweighed by the cost or schedule delay of the processes or procedures.

(2)

Elements of organizations and layers of review that are redundant or unnecessary, add cost, or create schedule delays to the acquisition of weapon systems without adding commensurate value.

(c)

Report

(1)

In general

Not later than 120 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the results of the review required by subsection (a).

(2)

Elements

The report required by paragraph (1) shall include, at a minimum, the following:

(A)

A statement of any processes, procedures, organizations, or layers of review that are recommended by the Comptroller General for modification or elimination, including the rationale for the modification or elimination recommended and the legislative or administrative action required to carry out the modification or elimination recommended.

(B)

Such other findings and recommendations, including recommendations for legislative or administrative action, as the Comptroller General considers appropriate in light of the review required by subsection (a).

(3)

Consistency with WSARA

Any modification or elimination of a process, procedure, organization, or layer of review recommended in the report required by paragraph (1) shall be consistent with the requirements of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23) and the amendments made by that Act.

C

Amendments to General Contracting Authorities, Procedures, and Limitations

841.

Maximum amount of allowable costs of compensation of contractor employees

(a)

Amendment to cost principles

Section 2324(e)(1)(P) of title 10, United States Code, is amended—

(1)

by striking the benchmark and all that follows through section 1127 of title 41 and inserting $487,000 per year, adjusted annually to reflect the change in the Employment Cost Index for all workers, as calculated by the Bureau of Labor Statistics; and

(2)

by striking scientists and engineers and inserting scientists, engineers, medical professionals, cybersecurity experts, and other workers with unique areas of expertise.

(b)

Review

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall review alternative benchmarks and industry standards for compensation and provide the congressional defense committees with the views of the Department of Defense as to whether any such benchmarks or standards would provide a more appropriate measure of allowable compensation for the purposes of section 2324(e)(1)(P) of title 10, United States Code, as amended by subsection (a).

(c)

Effective date

The amendment mades by subsection (a) shall take effect on January 1, 2014, and shall apply with respect to costs of compensation incurred on or after that date under contracts entered into before, on, or after that date.

842.

Implementation by Department of Defense of certain recommendations of the Comptroller General of the United States on oversight of pensions offered by Department contractors

In order to implement certain of the recommendations of the Comptroller General of the United States in the January 2013 report entitled Pension Costs on DOD Contacts (GAO–13–158), the Secretary of Defense shall do the following:

(1)

Assign responsibility within the Department of Defense for oversight of the reasonableness of the pension plans offered by Department contractors, including, in specific, the value of benefits earned by participants in such pension plans.

(2)

Issue guidance on the measurement of the value of pension benefits that participants earn in a given year in order to permit the Department to obtain a comprehensive understanding of the total compensation provided employees by Department contractors.

(3)

Issue guidance on the extent to which defined benefit pension plans are to be included in assessments of the reasonableness of compensation for executives of Department contractors.

(4)

Issue guidance for the acquisition organizations of the Department, including the Defense Contract Management Activity and the Defense Contract Audit Activity, on the discount rate or rates that are acceptable for Department contractors to use in calculating person costs for forward pricing purposes.

D

Other Matters

861.

Extension of prohibition on contracting with the enemy in the United States Central Command theater of operations

Section 841(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1510; 10 U.S.C. 2302 note) is amended by striking the date that is three years after the date of the enactment of this Act and inserting December 31, 2016.

862.

Prohibition on contracting with the enemy

(a)

Authority To terminate or void contracts, grants, and cooperative agreements and To restrict future award

(1)

Identification of persons and entities

The Secretary of Defense shall designate in each geographic combatant command an element to carry out intelligence missions within the area of responsibility of such combatant command outside the United States to identify persons and entities that—

(A)

provide funds received under a contract, grant, or cooperative agreement of the Department of Defense directly or indirectly to a person or entity who is supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict; or

(B)

fail to exercise due diligence to ensure that none of the funds received under a contract, grant, or cooperative agreement of the Department of Defense are provided directly or indirectly to a person or entity who is supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict.

(2)

Notice on supporters identified

Upon the identification of a person or entity as meeting subparagraph (A) or (B) of paragraph (1), the element making the identification shall notify the commander of the combatant command concerned, and any deputies of the commander specified by the commander for purposes of this section, of such identification of such person or entity.

(3)

Responsive actions

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

(4)

Authorities

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to authorize the head of contracting activity in each geographic combatant command, pursuant to a request from the commander of a combatant command under paragraph (3)—

(A)

to restrict the award of Department of Defense contracts, grants, or cooperative agreements that such head of contracting activity determines in writing would provide funding directly or indirectly to a person or entity that has been identified by the commander as supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict;

(B)

to terminate for default any Department contract, grant, or cooperative agreement upon a written determination by such head of contracting activity that the contractor, or the recipient of the grant or cooperative agreement, has failed to exercise due diligence to ensure that none of the funds received under the contract, grant, or cooperative agreement are provided directly or indirectly to a person or entity that has been identified by a commander of a combatant command as supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict; or

(C)

to void in whole or in part any Department contract, grant, or cooperative agreement upon a written determination by such head of contracting activity that the contract, grant, or cooperative agreement provides funding directly or indirectly to a person or entity that has been identified by a commander of a combatant command as supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict

(b)

Contract clause

(1)

In general

Not later than 30 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that—

(A)

the clause described in paragraph (2) shall be included in each covered contract, grant, and cooperative agreement of the Department of Defense that is awarded on or after the date of the enactment of this Act; and

(B)

to the maximum extent practicable, each covered contract, grant, and cooperative agreement of the Department of Defense that is awarded before the date of the enactment of this Act shall be modified to include the clause described in paragraph (2).

(2)

Clause described

The clause described in this paragraph is a clause that—

(A)

requires the contractor, or the recipient of the grant or cooperative agreement, to exercise due diligence to ensure that none of the funds received under the contract, grant, or cooperative agreement are provided directly or indirectly to a person or entity that has been identified by a commander of a combatant command as supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict; and

(B)

notifies the contractor, or the recipient of the grant or cooperative agreement, of the authority of the head of the contracting activity to terminate or void the contract, grant, or cooperative agreement, in whole or in part.

(3)

Covered contract, grant, or cooperative agreement

In this subsection, the term covered contract, grant, or cooperative agreement means a contract, grant, or cooperative agreement with an estimated value in excess of $20,000.

(4)

Treatment as void

For purposes of subsection (a)(4) and the exercise under subsection (a)(3) of the authorities in the Federal Acquisition Regulation pursuant to this subsection:

(A)

A contract, grant, or cooperative agreement that is void is unenforceable as contrary to public policy.

(B)

A contract, grant, or cooperative agreement that is void in part is unenforceable as contrary to public policy with regard to a segregable task or effort under the contract, grant, or cooperative agreement.

(c)

Requirements following contract actions

Not later than 30 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised as follows:

(1)

To require that any head of contracting activity taking an action pursuant to subsection (a)(3) or (a)(4) to terminate, void, or restrict a contract, grant, or cooperative agreement notify in writing the contractor or recipient of the grant or cooperative agreement, as applicable, of the action.

(2)

To permit, in such manner as the Federal Acquisition Regulation as so revised shall provide, the contractor or recipient of a grant or cooperative agreement subject to an action taken pursuant to subsection (a)(3) or (a)(4) to terminate or void the contract, grant, or cooperative agreement, as the case may be, an opportunity to contest the action within 30 days of receipt of notice of the action.

(d)

Annual review

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

(e)

Protection of classified information

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

(f)

Delegation of certain responsibilities

(1)

Responsibilities relating to identification and review

The commander of a geographic combatant command may delegate the responsibilities in subsection (a)(3) to any deputies of the commander specified by the commander pursuant to that subsection. The commander may delegate under any responsibilities under subsection (d) to the deputy commander of the combatant command. Any delegation of responsibilities under this paragraph shall be made in writing.

(2)

Nondelegation of responsibility for contract actions

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

(g)

Inclusion of information on contract actions in FAPIIS

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

(h)

Reports

(1)

In general

Not later than March 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authorities in this section in the preceding calendar year, including the following:

(A)

For each instance in which a contract, grant, or cooperative agreement was terminated or voided, or entry into contracts, grants, and cooperative agreements was restricted, pursuant to subsection (a)(3) or (a)(4), the following:

(i)

An explanation of the basis for the action taken.

(ii)

The value of the contract, grant, or cooperative agreement terminated or voided.

(iii)

The value of all contracts, grants, or cooperative agreements of the Department of Defense in force with the person or entity concerned at the time the contract, grant, or cooperative agreement was terminated or voided.

(iv)

Information on how the goods or services covered by the terminated or voided contract, grant, or cooperative agreement were otherwise obtained by the commander of the combatant command concerned.

(B)

For each instance in which a contract, grant, or cooperative agreement of a person or entity identified pursuant to subsection (a)(2) was not terminated or voided pursuant to subsection (a)(3) or (a)(4), or the future award of contracts, grants, and cooperative agreements to such person or entity was not restricted pursuant to subsection (a)(3) or (a)(4), an explanation why such action was not taken.

(2)

Form

Any report under this subsection may be submitted in classified form.

(i)

Other definitions

In this section:

(1)

The term combatant command means a command established pursuant to chapter 6 of title 10, United States Code.

(2)

The term head of contracting activity has the meaning given that term in subpart 601 of part 1 of the Federal Acquisition Regulation.

(j)

Sunset

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

863.

Report on the elimination of improper payments

(a)

Secretary of Defense report on Department of Defense plan of action

(1)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the plan of action of the Department of Defense to achieve the following:

(A)

Implementation of the recommendations of the Comptroller General of the United States in the May 2013 report GAO 13–227 entitled Significant Improvements Needed in Efforts to Address Improper Payment Requirements.

(B)

Reduction of occurrences of improper payments by the Department of Defense.

(2)

Information on recommendations not To be implemented

If the plan of action does not provide for implementation of one or more of the recommendations of the Comptroller General described in paragraph (1)(A), the report shall include a description of each such recommendation and a detailed statement of the reasons why the plan of action does not include implementation of such recommendation.

(b)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2)

the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives.

IX

Department of Defense Organization and Management

A

Department of Defense Management

901.

Under Secretary of Defense for Management

(a)

Conversion of position of Deputy Chief Management Officer to position of Under Secretary of Defense for Management

(1)

In general

Chapter 4 of title 10, United States Code, is amended—

(A)

by redesignating section 137a as section 137b; and

(B)

by inserting after section 137 the following new section 137a:

137a.

Under Secretary of Defense for Management

(a)

Appointment

There is an Undersecretary of Defense for Management, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive management background, as well as a concrete understanding of Department of Defense business operations.

(b)

Responsibility for discharge of certain statutory position requirements

(1)

In addition to the responsibilities specified in subsection (c), the Under Secretary of Defense for Management is also the following:

(A)

The Deputy Chief Management Officer of the Department of Defense.

(B)

The Performance Improvement Officer of the Department of Defense.

(C)

The Chief Information Officer of the Department of Defense.

(2)

In the capacity of Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Management shall exercise authority, direction, and control over the Information Assurance Directorate of the National Security Agency.

(c)

General responsibilities

The Under Secretary of Defense for Management is responsible, subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense in the role of the Deputy Secretary as Chief Management Officer of the Department of Defense, for—

(1)

supervising the management of the business operations of the Department of Defense and adjudicating issues and conflicts in functional domain business policies;

(2)

establishing business strategic planning and performance management policies and the Department of Defense Strategic Management Plan;

(3)

establishing business information technology portfolio policies and overseeing investment management of that portfolio for the Department of Defense; and

(4)

establishing end-to-end process and standards policies and the Business Enterprise Architecture.

(d)

Precedence

The Under Secretary of Defense for Management takes precedence in the Department of Defense after the Under Secretary of Defense for Intelligence.

.

(2)

Conforming repeal of superseded authority

Section 132a of such title is repealed.

(3)

Continuation of office

Notwithstanding subsection (a) of section 137a of title 10, United States Code (as amended by paragraph (1)), the individual serving in the position of Deputy Chief Management Officer of the Department of Defense as of the date of the enactment of this Act may serve as Under Secretary of Defense for Management under that section until a successor is appointed Under Secretary of Defense for Management as specified in that subsection.

(b)

Clarification of order of precedence for the Principal Deputy Under Secretaries of Defense

Subsection (d) of section 137b of such title, as redesignated by subsection (a)(1) of this section, is amended by striking and the Deputy Chief Management Officer of the Department of Defense and inserting the Under Secretary of Defense for Management, and the officials serving in the positions specified in section 131(b)(4) of this title.

(c)

Technical and conforming amendments

(1)

In general

Title 10, United States Code, is further amended as follows:

(A)

In section 131(b)—

(i)

in paragraph (2), by adding at the end the following new subparagraph:

(F)

The Under Secretary of Defense for Management.

;

(ii)

by striking paragraph (3); and

(iii)

by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively.

(B)

In section 186—

(i)

in subsection (a), by striking paragraph (2) and inserting the following new paragraph (2):

(2)

The Under Secretary of Defense for Management.

; and

(ii)

in subsection (b), by striking the Deputy Chief Management Officer of the Department of Defense and inserting the Under Secretary of Defense for Management.

(C)

In section 2222, by striking the Deputy Chief Management Officer of the Department of Defense each place it appears in subsections (c)(2)(E), (d)(3), (f)(1)(D), (f)(1)(E), and (f)(2)(E) and inserting the Under Secretary of Defense for Management.

(2)

Clerical amendments

The table of sections at the beginning of chapter 4 of such title is amended—

(A)

by striking the item relating to section 132a; and

(B)

by striking the item relating to section 137a and inserting the following new items:

137a. Under Secretary of Defense for Management.

137b. Principal Deputy Under Secretaries of Defense.

.

(3)

Executive schedule matters

Section 5314 of title 5, United States Code, is amended by striking the item relating to the Deputy Chief Management Office of the Department of Defense and inserting the following new item:

Under Secretary of Defense for Management.

.

902.

Supervision of Command Acquisition Executive of the United States Special Operations Command by the Under Secretary of Defense for Acquisition, Technology, and Logistics

(a)

In general

Section 167(e)(4)(C)(i) of title 10, United States Code, is amended in the matter preceding subclause (I) by inserting after who shall the following: , subject to the direction of the Under Secretary of Defense for Acquisition, Technology, and Logistics for acquisition programs expected to require the expenditure of at least $75,000,000 in research, development, test, and evaluation funds or such other programs as the Under Secretary shall designate as having high technology risk,.

(b)

Designation of responsible official in Office of USD for ATL

Not later than 90 days after the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall designate an official within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics who shall be responsible for providing oversight and direction to the Command Acquisition Executive of the United States Special Operations Command.

903.

Council on Oversight of the National Leadership Command, Control, and Communications System

(a)

Establishment

(1)

In general

Chapter 7 of title 10, United States Code, is amended by inserting after section 171 the following new section:

171a.

Council on Oversight of the National Leadership Command, Control, and Communications System

(a)

Establishment

There is hereby established within the Department of Defense a council to be known as the Council on Oversight of the National Leadership Command, Control, and Communications System (in this section referred to as the Council).

(b)

Membership

The members of the Council shall be as follows:

(1)

The Undersecretary of Defense for Policy.

(2)

The Under Secretary of Defense for Acquisition, Technology, and Logistics.

(3)

The Vice Chairman of the Joint Staff.

(4)

The Chief Information Officer of the Department of Defense.

(5)

Such other officers of the Department of Defense as the Secretary may designate.

(c)

Co-Chair

The Council shall be co-chaired by the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition, Technology, and Logistics.

(d)

Responsibilities

(1)

The Council shall be responsible for oversight of the command, control, and communications system for the national leadership of the United States, including nuclear command, control, and communications.

(2)

In carrying out the responsibility specified in paragraph (1), the Council shall be responsible for the following with respect to the command, control, and communications system referred to in that paragraph:

(A)

Oversight of performance assessments (including interoperability).

(B)

Vulnerability identification and mitigation.

(C)

Architecture development.

(D)

Resource prioritization.

(E)

Such other responsibilities as the Secretary of Defense shall specify for purposes of this section.

(e)

Annual reports

At the same time each year the budget of the President for the fiscal year beginning in such year is submitted to Congress under section 1105(a) of title 31, the Council shall submit to the congressional defense committees a report on the activities of the Council. Each report shall include the following:

(1)

A description and assessment of the activities of the Council during the previous fiscal year.

(2)

A description of the activities proposed to be undertaken by the Council during the period of the current fiscal-years defense program under section 221 of this title.

(f)

National leadership of the United States defined

In this section, the term national leadership of the United States means the following:

(1)

The President.

(2)

The Vice President.

(3)

Such other civilian officials of the United States Government as the President shall designate for purposes of this section.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 171 the following new item:

171a. Council on Oversight of the National Leadership Command, Control, and Communications System.

.

(b)

Report on establishment

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the Council on Oversight of the National Leadership Command, Control, and Communications System established by section 171a of title 10, United States Code (as added by subsection (a)), including the following:

(1)

The charter and organizational structure of the Council.

(2)

Such recommendations for legislative action as the Secretary considers appropriate to improve the authorities relating to the Council.

(3)

A funding plan over the period of the current future-years defense program under section 221 of title 10, United States Code, to ensure a robust and modern nuclear command, control, and communications capability.

904.

Transfer of administration of Ocean Research Advisory Panel from Department of the Navy to National Oceanic and Atmospheric Administration

(a)

Authority for Ocean Research Advisory Panel

Subsection (a) of section 7903 of title 10, United States Code, is amended—

(1)

in the matter preceding paragraph (1)—

(A)

by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, after The Council;

(B)

by striking Panel consisting and inserting Panel. The Panel shall consist; and

(C)

by striking chairman and inserting Administrator of the National Oceanic and Atmospheric Administration, on behalf of the Council;

(2)

in paragraph (1), by striking National Academy of Science and inserting National Academies; and

(3)

by striking paragraphs (2) and (3); and

(4)

by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively.

(b)

Responsibilities of panel

Subsection (b) of such section is amended—

(1)

by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, after The Council;

(2)

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

(3)

by striking paragraph (2) and inserting the following new paragraphs (2) and (3):

(2)

To advise the Council on the determination of scientific priorities and needs.

(3)

To provide the Council strategic advice regarding national ocean program execution and collaboration.

.

(c)

Funding to support activities of panel

Subsection (c) of such section is amended by striking Secretary of the Navy and inserting Secretary of Commerce.

905.

Streamlining of Department of Defense management headquarters

(a)

Plan required

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

(b)

Scope of plan

The plan required by subsection (a) shall specifically address staffing and services provided by military personnel, civilian personnel, and contractor personnel to each of the following:

(1)

The Office of the Secretary of Defense.

(2)

The Joint Staff.

(3)

The Defense Agencies.

(4)

The Department of Defense field activities.

(5)

The headquarters of the combatant commands.

(6)

Headquarters, Department of the Army, including the Office of the Secretary of the Army, the Office of the Chief of Staff of the Army, and the Army Staff.

(7)

The major command headquarters of the Army.

(8)

The Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and Headquarters, United States Marine Corps.

(9)

The major command headquarters of the Navy and the Marine Corps.

(10)

Headquarters, Department of the Air Force, including the Office of the Secretary of the Air Force, the Office of the Air Force Chief of Staff, and the Air Staff.

(11)

The major command headquarters of the Air Force.

(12)

The National Guard Bureau.

(c)

Savings objective

The objective of the plan required by subsection (a) shall be to reduce aggregate spending by the Department for management headquarters by not less than $100,000,000,000 over a ten fiscal-year period beginning with fiscal year 2015.

(d)

Reports

(1)

Initial report

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

(2)

Status report

The Secretary shall include with the Department of Defense materials submitted to Congress with the budget of the President for each of fiscal years 2016 through 2025 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a report describing the implementation of the plan required by subsection (a) during the preceding fiscal year and any modifications to the plan required due to changing circumstances. Each such report shall include the following:

(A)

A summary of savings achieved for each organization covered by the plan in the fiscal year covered by such report.

(B)

A description of the amount saved through reductions in military personnel, civilian personnel, and contract services personnel in the fiscal year covered by such report.

(C)

In any case in which savings under the plan fall short of the objective of the plan for the fiscal year covered by such report, an explanation of the reasons for the shortfall.

(D)

A description of any modifications to the plan made during the fiscal year covered by such report, and an explanation of the reasons for such modifications.

906.

Update of statutory statement of functions of the Chairman of the Joint Chiefs of Staff relating to doctrine, training, and education

(a)

In general

Paragraph (5) of section 153(a) of title 10, United States Code, is amended—

(1)

in subparagraph (B), by inserting and technical standards, and executing actions, after policies;

(2)

in subparagraph (C), by striking and training; and

(3)

by adding at the end the following new subparagraphs:

(D)

Formulating policies for concept development and experimentation for the joint employment of the armed forces.

(E)

Formulating policies for gathering, developing, and disseminating joint lessons learned for the armed forces.

.

(b)

Conforming amendment

The heading of such paragraph is amended by striking Doctrine, training, and education and inserting Joint force development activities.

907.

Modification of reference to major Department of Defense headquarters activities instruction

Section 194(f) of title 10, United States Code, is amended by striking Directive 5100.73 and all that follows and inserting Instruction 5100.73, entitled Major DoD Headquarters Activities..

B

Space Activities

921.

Limitation on use of funds for Space Protection Program

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

C

Intelligence-Related Matters

931.

Personnel security

(a)

Comparative analysis

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Director of Cost Assessment and Program Evaluation, submit to Congress a report setting forth a comprehensive analysis comparing the cost, schedule, and performance of personnel security clearance investigations and reinvestigations for employees and contractor personnel of the Department of Defense that are conducted by the Office of Personnel Management with the cost, schedule, and performance of personnel security clearance investigations and reinvestigations for such personnel that are conducted by the components of the Department of Defense.

(2)

Elements of analysis

The analysis under paragraph (1) shall do the following:

(A)

Determine, for each of the Office of Personnel Management and the components of the Department that conduct personnel security investigations, the cost, schedule, and performance associated with personnel security investigations and reinvestigations of each type and level of clearance, and identify the elements that contribute to such cost, schedule, and performance.

(B)

Identify mechanisms for permanently improving the transparency of the cost structure of personnel security investigations and reinvestigations.

(b)

Personnel security for Department of Defense employees and contractors

(1)

In general

If the Secretary of Defense determines that the current approach for obtaining personnel security investigations and reinvestigations for employees and contractor personnel of the Department of Defense is not the most advantageous approach for the Department, the Secretary shall develop a plan, by not later than October 1, 2014, for the transition of personnel security investigations and reinvestigations to the approach preferred by the Secretary.

(2)

Considerations

In selecting the most advantageous approach preferred for the Department under paragraph (1), the Secretary shall consider whether cost, schedule, and performance could be improved through increased reliance on private-sector entities to conduct, or provide supporting information for, personnel security investigations and reinvestigations for employees and contractor personnel of the Department.

(c)

Strategy for continuous modernization of personnel security

(1)

Strategy required

The Secretary of Defense and the Director of National Intelligence shall jointly develop and implement a strategy to continuously modernize all aspects of personnel security for the Department of Defense with the objectives of lowering costs, increasing efficiencies, enabling and encouraging reciprocity, and improving security.

(2)

Metrics

(A)

Metrics required

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

(B)

Report

At the same time the budget of the President for each of fiscal years 2015 through 2018 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary and the Director shall jointly submit to the appropriate committees of Congress a report on the metrics established under paragraph (1), including an assessment using the metrics of the effectiveness of the strategy in meeting the objectives specified in paragraph (1).

(3)

Elements

In developing the strategy required by paragraph (1), the Secretary and the Director shall consider, and may adopt, mechanisms for the following:

(A)

Elimination of manual or inefficient processes in investigations and reinvestigations for personnel security, wherever practicable, and automating and integrating the elements of the investigation process, including in the following:

(i)

The clearance application process.

(ii)

Case management.

(iii)

Adjudication management.

(iv)

Investigation methods for the collection, analysis, storage, retrieval, and transfer of data and records.

(v)

Records management for access and eligibility determinations.

(B)

Elimination or reduction, where possible, of the use of databases and information sources that cannot be accessed and processed automatically electronically, or modification of such databases and information sources, if appropriate and cost-effective, to enable electronic access and processing.

(C)

Access and analysis of government, publically available, and commercial data sources, including social media, that provide independent information pertinent to adjudication guidelines to improve quality and timeliness, and reduce costs, of investigations and reinvestigations.

(D)

Use of government-developed and commercial technology for continuous monitoring and evaluation of government and commercial data sources that can identify and flag information pertinent to adjudication guidelines and eligibility determinations.

(E)

Standardization of forms used for routine reporting required of cleared personnel (such as travel, foreign contacts, and financial disclosures) and use of continuous monitoring technology to access databases containing such reportable information to independently obtain and analyze reportable data and events.

(F)

Establishment of an authoritative central repository of personnel security information that is accessible electronically at multiple levels of classification and eliminates technical barriers to rapid access to information necessary for eligibility determinations and reciprocal recognition thereof.

(G)

Elimination or reduction of the scope of, or alteration of the schedule for, periodic reinvestigations of cleared personnel, when such action is appropriate in light of the information provided by continuous monitoring or evaluation technology.

(H)

Electronic integration of personnel security processes and information systems with insider threat detection and monitoring systems, and pertinent law enforcement, counterintelligence and intelligence information, for threat detection and correlation.

(I)

Determination of the net value of implementing phased investigative approaches designed to reach an adjudicative decision sooner than is currently achievable by truncating investigations based on thresholds where no derogatory information or clearly unacceptably derogatory information is obtained through initial background checks.

(4)

Appropriate committees of Congress defined

In this subsection, the term appropriate committees of Congress means—

(A)

the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(B)

the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

(d)

Reciprocity of clearances

The Secretary of Defense and the Director of National Intelligence shall jointly ensure that the transition of personnel security clearances between and among Department of Defense components, Department contractors, and Department contracts proceeds as rapidly and inexpensively as possible, including through the following:

(1)

By providing for reciprocity of personnel security clearances among positions requiring personnel holding secret, top secret, or sensitive compartmented information clearances (the latter with a counterintelligence polygraph examination), to the maximum extent feasible consistent with national security requirements.

(2)

By permitting personnel, when feasible and consistent with national security requirements, to begin work in positions requiring additional security requirements, such as a full-scope polygraph examination, pending satisfaction of such additional requirements.

(e)

Benchmarks

For purposes of carrying out the requirements of this section, the Secretary of Defense and the Director of National Intelligence shall jointly determine, by not later than 180 days after the date of the enactment of this Act, the following:

(1)

The current level of mobility and personnel security clearance reciprocity of cleared personnel as personnel make a transition between Department of Defense components, between Department contracts, and between government and the private sector.

(2)

The costs due to lost productivity in inefficiencies in such transitions arising from personnel security clearance matters.

932.

Reports on clandestine human intelligence collection

(a)

Report on establishment of military support division in National Clandestine Service

(1)

In general

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Director of Cost Assessment and Program Evaluation of the Department of Defense and in consultation with the Director of National Intelligence (acting through the Director of the Cost Analysis Improvement Group) and the Director of the Central Intelligence Agency, submit to the appropriate committees of Congress an assessment of the savings and added effectiveness to be achieved in clandestine human intelligence collection by consolidating clandestine human intelligence collection operations in the National Clandestine Service of the Central Intelligence Agency through the establishment of a military support division in the National Clandestine Service.

(2)

Assumption on supervision of detailed personnel

For the purposes of the assessment required by paragraph (1), the Secretary and the Director of National Intelligence shall assume that the military and civilian case officers and support personnel in the military support division referred to in that paragraph shall be detailed to the National Clandestine Service under the supervision of a general or flag officer of the Armed Forces assigned to the National Clandestine Service.

(3)

Elements

The assessment required by paragraph (1) shall include the following:

(A)

A determination whether savings could be achieved through the reduction of overhead and management by eliminating the clandestine human intelligence (HUMINT) management element at the Defense Intelligence Agency.

(B)

The development and use of a methodology for comparing the effectiveness of the ratios of support personnel to deployed case officers maintained by the Central Intelligence Agency and the military support division referred to in paragraph (1), and a recommendation on an optimum ratio of support personnel to deployed case officers for the military support division.

(C)

A determination whether institutional and procedural safeguards are available to ensure that the Department of Defense could rely on the National Clandestine Service, with the military support division referred to in paragraph (1), to support the human intelligence collection requirements of the Department, and, if so, a description of such safeguards.

(D)

A determination of the advisability of conducting a pilot program on a military support division within the National Clandestine Service using available personnel.

(b)

Report on implementation of Defense Clandestine Service

(1)

In general

Not later than January 15, 2015, the Director of Cost Assessment and Program Evaluation shall submit to the appropriate committees of Congress a report setting forth an assessment of the implementation of the Defense Clandestine Service through September 30, 2014.

(2)

Elements

The report required by paragraph (1) shall include an assessment of the following:

(A)

The commitment and ability of the Armed Forces to provide and sustain qualified military case officers and to manage their careers effectively.

(B)

The ability of the Defense Intelligence Agency to provide effective cover and support for case officers deployed overseas with the planned ratio of support personnel to case officers.

(C)

Whether the locations overseas where capacity exists to deploy additional Department of Defense case officers can address the human intelligence collection needs of the Department.

(c)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(2)

the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

933.

Navy Broad-Area Maritime Surveillance aircraft

(a)

Modification of radar

The Secretary of Defense shall take appropriate actions to modify the radar system that will be deployed on the Broad Area Maritime Surveillance (BAMS) aircraft fleet of the Navy to provide a ground moving target indicator collection, processing, and dissemination capability that is comparable to the performance of such capability under the Global Hawk Block 40 Multi-Platform Radar Technology Insertion Program of the Air Force.

(b)

Designation of aircraft fleet as joint asset

The Secretary shall designate the Broad Area Maritime Surveillance aircraft fleet of the Navy as a joint asset available to support operational requirements of the unified combatant commands, including requirements for ground moving target indicator and signals intelligence support to commanders of air and ground components.

934.

Plan for transfer of Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft

(a)

Plan for transfer

The Secretary of Defense shall develop and carry out a plan for the orderly transfer of the Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance (ISR) aircraft to the Army and to the United States Special Operations Command or one of its component commands.

(b)

Elements

The plan required by subsection (a) shall—

(1)

ensure that the transfer does not affect ongoing intelligence, surveillance, and reconnaissance operations in Afghanistan and elsewhere around the world;

(2)

identify the appropriate size, composition, and configuration of the fleet of manned intelligence, surveillance, and reconnaissance aircraft of the Army;

(3)

identify the appropriate size, composition, configuration, and disposition of the remaining fleet of Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft;

(4)

provide for the modification of the Air Force Liberty C–12 Intelligence, Surveillance, and Reconnaissance aircraft transferred under the plan to meet the long-term needs of the Army and the United States Special Operations Command; and

(5)

include a timeline for the orderly transfer of Air Force Liberty C–12 Intelligence, Surveillance, and Reconnaissance aircraft in manner consistent with the requirement in paragraph (1).

(c)

Report

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

(d)

Prohibition on acquisition of certain system

The Army may not acquire the Enhanced Medium Altitude Reconnaissance and Surveillance System in fiscal year 2014.

(e)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(2)

the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

D

Cyberspace-Related Matters

941.

Authorities, capabilities, and oversight of the United States Cyber Command

(a)

Assignment of SIGINT collection authorities

(1)

Determination of necessity of assignment

The Secretary of Defense shall, in consultation with the Joint Chiefs of Staff, determine whether the United States Cyber Command requires signals intelligence (SIGINT) collection authorities to execute its missions in support of the Department of Defense, the other combatant commands, and the national cyber defense generally, whether in peacetime or conflict, including in the operational preparation of the environment.

(2)

Delegation of authority

If the Secretary determines pursuant to paragraph (1) that the United States Cyber Command requires signals intelligence collection authorities to execute its missions, the Secretary, as the executive agent of the President for signals intelligence pursuant to Executive Order No. 12333, shall, in consultation with the Director of National Intelligence, delegate appropriate signals intelligence collection authorities to the United States Cyber Command.

(b)

Provision of certain operational capabilities

The Secretary shall take such actions as the Secretary considers appropriate to provide the United States Cyber Command operational military units with infrastructure and equipment enabling access to the Internet and other types of networks in order to permit the United States Cyber Command to conduct its peacetime and wartime missions independently of the National Security Agency so as to avoid compromising sources and methods in the execution of military operations.

(c)

Cyber ranges

(1)

In general

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

(2)

Elements

Each range so adapted under this subsection shall have the capability to support offensive military operations against targets that—

(A)

have not been previously identified and prepared for attack; and

(B)

must be compromised or neutralized immediately without regard to whether the adversary can detect and attribute the attack.

(d)

Principal advisor on offensive military cyber force matters

(1)

Designation

The Secretary shall designate, from among the existing personnel of the Office of the Under Secretary of Defense for Policy, an official to act as the principal advisor to the Secretary on offensive military cyber forces. Any official so designated shall be an official who holds the official's current position by and with the advice and consent of the Senate.

(2)

Responsibilities

The official designated under this subsection shall have responsibility for the following:

(A)

Resource management and oversight of the organizing, training, and equipping of offensive military cyber forces, including oversight of the planning, programming, and budgeting process for such forces.

(B)

Such other matters relating to offensive military cyber forces as the Secretary shall specify for purposes of this subsection.

(e)

Training of cyber personnel

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

(f)

Sense of Congress on funding and management of personnel

It is the sense of Congress that the Secretary should fund and manage personnel of the Department whose cyber operations responsibilities are primarily offensive in nature outside of the Military Intelligence Program (MIP) and the Information Systems Security Program.

942.

Joint software assurance center for the Department of Defense

(a)

Center required

(1)

In general

The Secretary of Defense shall provide for the establishment of a joint software assurance center for the Department of Defense (in this section referred to as the center).

(2)

Purpose

The purpose of the center shall be to serve as a joint, Department-wide resource for efforts of the Department to ensure security in the software developed, acquired, maintained, and used by the Department.

(b)

Discharge of establishment

In providing for the establishment of the center, the Secretary shall consider whether the purpose of the center can be met by an existing software assurance center in the Department.

(c)

Charter

Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue a charter for the center. The charter shall set forth the following:

(1)

The role of the center in supporting program offices in implementing the supply chain risk management strategy of the Department.

(2)

The software assurance expertise and capabilities of the center, including policies, standards, requirements, best practices, contracting, training, testing, and code analysis and remediation.

(3)

Requirements for the discharge by the center, in coordination with the Center for Assured Software of the National Security Agency, of a program of research and development to improve automated software code vulnerability analysis and testing tools.

(4)

Requirements for the center to procure, manage, and distribute enterprise licenses for automated software vulnerability analysis tools.

(d)

Report

The Secretary shall submit to the congressional defense committees, at the time of the submittal to Congress of the budget of the President for fiscal year 2016 (as submitted pursuant to section 1105 of title 31, United States Code), a report on the funding and management of the center. The report shall set forth such recommendations as the Secretary considers appropriate regarding the optimal placement of the center within the organizational structure of the Department, including responsibility for the funding and management of the center.

943.

Supervision of the acquisition of cloud computing capabilities for intelligence analysis

(a)

Supervision

(1)

In general

The Secretary of Defense shall, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Under Secretary of Defense for Intelligence, the Chief Information Officer of the Department of Defense, and the Chairman of the Joint Requirements Oversight Council, supervise the following:

(A)

Review, development, modification, and approval of requirements for cloud computing solutions for intelligence data analysis and storage by the Armed Forces and the Defense Agencies, including requirements for cross-domain, enterprise-wide discovery and correlation of data stored in cloud and non-cloud computing databases, relational and non-relational databases, and hybrid databases.

(B)

Review, development, modification, approval, and implementation of plans for the competitive acquisition of cloud computing systems or services to meet requirements described in subparagraph (A), including plans for the transition from current computing systems to systems or services acquired.

(C)

Development and implementation of plans to ensure that the cloud systems or services acquired pursuant to subparagraph (B) are interoperable and universally accessible and usable through attribute-based access controls.

(D)

Integration of plans under subparagraphs (B) and (C) with enterprise-wide plans of the Armed Forces and the Department of Defense for the Joint Information Environment and the Defense Intelligence Information Environment.

(2)

Direction

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

(b)

Integration with intelligence community efforts

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

944.

Cyber vulnerabilities of Department of Defense weapon systems and tactical communications systems

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the status of the capability of each military department to operate in non-permissive and hostile cyber environments.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

A description and assessment of potential cyber threats or threat systems to major weapon systems and tactical communications systems that could emerge in the next five years.

(2)

A description and assessment of cyber vulnerabilities of current major weapons and tactical communications systems.

(3)

A detailed description of the current strategy to detect, deter, and defend against cyber attacks on current and planned major weapon systems and tactical communications systems.

(4)

An estimate of the costs anticipated to be incurred in addressing cyber vulnerabilities to Department of Defense weapons systems and tactical communications systems over the next five years

(c)

Form

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

945.

Strategy on use of the reserve components of the Armed Forces to support Department of Defense cyber missions

(a)

Strategy required

In developing the force structure to accomplish the cyber missions of the Department of Defense through United States Cyber Command, the Secretary of Defense shall develop a strategy for integrating the reserve components of the Armed Forces into the total force to support the cyber missions of the United States Cyber Command, including support for civil authorities, in the discharge of such missions.

(b)

Actions required during development

In developing the strategy, the Secretary shall do the following:

(1)

In consultation with the Secretaries of the military departments and the Commander of the United States Cyber Command, identify the Department of Defense cyber mission requirements that could be discharged by members of the reserve components.

(2)

In consultation with the Secretary of Homeland Security, ensure that the Governors of the several States, through the Council of Governors, as appropriate, have an opportunity to provide the Secretary of Defense and the Secretary of Homeland Security an independent evaluation of State cyber capabilities, and State cyber needs that cannot be fulfilled through the private sector.

(3)

Identify the existing capabilities and plans for cyber activities of the reserve components, including by the following:

(A)

An identification of current positions in the reserve components serving Department cyber missions.

(B)

An inventory of the existing cyber skills of reserve component personnel.

(C)

An assessment of the manner in which the military departments plan to use the reserve components to meet total force resource requirements, and the effect of such plans on the potential ability of members of the reserve components to support the cyber missions of the United States Cyber Command.

(4)

Assess whether the National Guard, when activated in a State status (either State Active Duty or in a duty status under title 32, United States Code) can operate under unique and useful authorities to support domestic cyber missions and requirements of the Department or the United States Cyber Command.

(5)

Assess the appropriateness of hiring on a part-time basis non-dual status technicians who possess appropriate cyber security expertise for purposes of assisting the National Guard in protecting critical infrastructure and carrying out cyber security missions in defense of the United States homeland.

(6)

Assess the current and potential ability of the reserve components to—

(A)

attract and retain personnel with substantial, relevant cyber technical expertise who use those skills in the private sector;

(B)

organize such personnel into units at the State, regional, or national level under appropriate command and control arrangements for Department cyber missions;

(C)

meet and sustain the training standards of the United States Cyber Command; and

(D)

establish and manage career paths for such personnel.

(7)

Determine how the reserve components could contribute to total force solutions to cyber operations requirements of the United States Cyber Command.

(8)

Develop an estimate of the personnel, infrastructure, and training required, and the costs that would be incurred, in connection with implementing the strategy for integrating the reserve components into the total force for support of the cyber missions of the Department and United States Cyber Command.

(c)

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 strategy developed under this section. The report shall include a comprehensive description of the strategy, including the results of the actions required by subsection (b), and such other matters on the strategy as the Secretary considers appropriate.

946.

Control of the proliferation of cyber weapons

(a)

Interagency process for establishment of policy

The President shall establish an interagency process to provide for the establishment of an integrated policy to control the proliferation of cyber weapons through unilateral and cooperative export controls, law enforcement activities, financial means, diplomatic engagement, and such other means as the President considers appropriate.

(b)

Objectives

The objectives of the interagency process established under subsection (a) shall be as follows:

(1)

To identify the types of dangerous software that can and should be controlled through export controls, whether unilaterally or cooperatively with other countries.

(2)

To identify the intelligence, law enforcement, and financial sanctions tools that can and should be used to suppress the trade in cyber tools and infrastructure that are or can be used for criminal, terrorist, or military activities while preserving the ability of governments and the private sector to use such tools for legitimate purposes of self-defense.

(3)

To establish a statement of principles to control the proliferation of cyber weapons, including principles for controlling the proliferation of cyber weapons that can lead to expanded cooperation and engagement with international partners.

(c)

Recommendations

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

947.

Integrated policy to deter adversaries in cyberspace

(a)

Integrated policy

The President shall establish an interagency process to provide for the development of an integrated policy to deter adversaries in cyberspace.

(b)

Objective

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

(c)

Report

(1)

In general

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

(2)

Form

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

948.

Centers of Academic Excellence for Information Assurance matters

(a)

Contingent preservation of certification during fiscal year 2014

The Centers of Academic Excellence for Information Assurance shall not lose their certification as centers of academic excellence in fiscal year 2014 for failure to meet revised guidelines and criteria for such certification issued by the National Security Agency if the Centers qualify for certification as centers of academic excellence under guidelines and standards for such certification as of September 30, 2013.

(b)

Assessment of proper body for accreditation or certification

Not later than 180 days after the date of the enactment of this Act, the President shall, in consultation with the Secretary of Education and with the advice of the National Advisory Committee on Institutional Quality and Integrity, determine whether either—

(1)

information assurance has become a mature academic discipline that warrants the creation of a non-government national accreditation body for the development of curricula and other criteria for accrediting the information assurance programs of institutions of higher education; or

(2)

a direct Government role is still required for the development of curricula and other criteria for certifying the information assurance programs of the existing Centers of Academic Excellence for Information Assurance.

(c)

Plan

(1)

In general

Not later than one year after the date of the enactment of this Act, the President shall submit to Congress a plan on the following:

(A)

Implementing the determination made pursuant to subsection (b) on appropriate mechanisms for developing the curricula and other criteria for accrediting or certifying the the information assurance programs of the Centers of Academic Excellence for Information Assurance.

(B)

Transitioning the responsibility specified in subparagraph (A) from the sole administration of the National Security Agency.

(2)

Consultation

In developing the plan, the President shall consult with appropriate representatives of information assurance interests in all departments and agencies of the Federal Government, State and local governments, academia, and the private sector.

(3)

Conforming of process to processes for other academic disciplines

In developing the plan, the President shall seek to conform the accreditation or certification process for the Centers of Academic Excellence for Information Assurance to the peer-based accreditation practices used for all other established academic disciplines, including a process involving all appropriate constituency communities, and covering standards for curriculum, quality of instruction, contribution to the discipline, and supporting facilities.

X

General Provisions

A

Financial Matters

1001.

General transfer authority

(a)

Authority To transfer authorizations

(1)

Authority

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

(2)

Limitation

Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4,000,000,000.

(3)

Exception for transfers between military personnel authorizations

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

(b)

Limitations

The authority provided by subsection (a) to transfer authorizations—

(1)

may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

(2)

may not be used to provide authority for an item that has been denied authorization by Congress.

(c)

Effect on authorization amounts

A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(d)

Notice to Congress

The Secretary shall promptly notify Congress of each transfer made under subsection (a).

1002.

Department of Defense Readiness Restoration Fund

(a)

Establishment

The Secretary of Defense shall establish a fund to be known as the Department of Defense Readiness Restoration Fund (in this section referred to as the Fund) in order to provide funds, in addition to other funds that may be available, for training activities of the Armed Forces (including flying hours and steaming days) and the maintenance of military equipment.

(b)

Purpose

The purpose of the Fund is to provide the Department of Defense with increased flexibility to transfer funds to high priority readiness accounts, where necessary to address significant shortfalls in funding otherwise available for the training activities of the Armed Forces (including flying hours and steaming days) and the maintenance of military equipment.

(c)

Management

(1)

In general

The Fund shall be managed by a senior official of the Department of Defense designated by the Under Secretary of Defense (Comptroller) for that purpose.

(2)

Consultation

The senior official designated under paragraph (1) shall manage the Fund in consultation with the Assistant Secretary of Defense for Logistics and Materiel Readiness and the Assistant Secretary of Defense for Readiness.

(d)

Elements

(1)

In general

The Fund shall consist of the following:

(A)

Amounts transferred to the Fund in accordance with paragraph (2).

(B)

Any other amounts appropriated to, credited to, or deposited into the Fund by law.

(2)

Transfers

The Secretary of Defense may transfer to the Fund, in accordance with established procedures governing such transfers, any unobligated funds available to the Department of Defense. Any amount so transferred shall be credited to the Fund.

(e)

Availability of funds

(1)

In general

Subject to the provisions of this subsection, amounts in the Fund shall be available to the Secretary of Defense for transfer to the operation and maintenance accounts of a military department or Defense Agency for expenditure for training activities of the Armed Forces (including flying hours and steaming days) and the maintenance of military equipment.

(2)

Limitation

Amounts in the Fund may not be obligated for any purpose other than purposes described in paragraph (1).

(3)

Priority in readiness needs

The Assistant Secretary of Defense for Logistics and Materiel Readiness and the Assistant Secretary of Defense for Readiness shall establish a process for identifying, evaluating, and prioritizing the key readiness needs of the Department and for ensuring that amounts in the Fund are made available for the highest priority readiness needs so identified.

(4)

Period of availability

The period of availability for obligation of amounts in the Fund shall not be affected by a transfer of such amounts under this section.

(5)

Effect on authorization amounts

A transfer made from one account to another under the authority of this section shall be deemed to change the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(f)

Construction of transfer authority

(1)

Transfers to Fund

The transfer of amounts to the Fund pursuant to subsection (d)(2) shall not be counted toward the dollar limitation on transfer authority in section 1001, any similar provision in an annual Act authorizing appropriations for a fiscal year for the Department of Defense, or any other provision of law imposing a ceiling on amounts that may be transferred by the Department.

(2)

Transfers from Fund

The transfer of amounts from the Fund to a military department or Defense Agency pursuant to subsection (e)(1) shall not be counted toward the dollar limitation on transfer authority in section 1001, any similar provision in an annual Act authorizing appropriations for a fiscal year for the Department of Defense, or any other provision of law imposing a ceiling on amounts that may be transferred by the Department.

(g)

Sunset

(1)

Transfers of unobligated funds

The authority to transfer unobligated funds to the Fund under subsection (d)(2) shall cease on September 30, 2014.

(2)

Transfers from Fund

The authority to transfer amounts from the Fund under subsection (e) shall expire on April 1, 2015.

(3)

Exceptions from transfer limitations

The exception from the provisions of law referred to in paragraphs (1) and (2) of subsection (f) of transfers of amounts referred to in such paragraphs shall cease on September 30, 2014.

(h)

Notice to Congress

The Secretary of Defense shall promptly notify the congressional defense committees of each transfer under subsection (d)(2) or (e)(1).

(i)

Annual report

Not later than 60 days after the end of any fiscal year in which amounts are available in the Fund, the Secretary of Defense shall submit to the congressional defense committees a report on the operation of the Fund during such fiscal year. Each report shall include, for the fiscal year covered by such report, the following:

(1)

A statement of the amounts transferred, appropriated, credited, or deposited to or into the Fund, and the source of such amounts.

(2)

A description of the expenditures made from the Fund (including expenditures following a transfer of amounts in the Fund to a military department or Defense Agency), including the purpose of such expenditures.

(3)

A description and assessment of the improvements to the readiness of the Department of Defense resulting from such expenditures.

(4)

A statement of the balance in the Fund at the beginning and end of such fiscal year.

B

Counter-Drug Activities

1011.

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

(a)

Extension

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2042), as most recently amended by section 1010 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1907), is further amended—

(1)

in subsection (a), by striking 2013 and inserting 2015; and

(2)

in subsection (c), by striking 2013 and inserting 2015.

(b)

Notice to Congress on assistance

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

1012.

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

Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended by striking 2013 and inserting 2015.

1013.

Extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments

(a)

Extension

Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as most recently amended by section 1006 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1557), is further amended by striking 2013 and inserting 2018.

(b)

Maximum amount of support

Subsection (e)(2) of such section 1033, as so amended, is further amended by striking 2013 and inserting 2018.

(c)

Additional governments eligible To receive support

Subsection (b) of such section 1033, as so amended, is further amended by adding at the end the following new paragraphs:

(36)

Government of Chad.

(37)

Government of Libya.

(38)

Government of Mali.

(39)

Government of Niger.

.

C

Naval Vessels and Shipyards

1021.

Modification of requirements for annual long-range plan for the construction of naval vessels

(a)

Annual naval vessel construction plan

Subsection (b) of section 231 of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking should be designed both places it appears and inserting shall be designed; and

(B)

by striking is capable of supporting both places it appears and inserting supports; and

(2)

in paragraph (2)—

(A)

in subparagraph (B), by inserting and capabilities after naval vessel force structure; and

(B)

by adding at the end the following new subparagraph:

(D)

The estimated total cost of construction for each vessel used to determine estimated levels of annual funding under subparagraph (C).

.

(b)

Assessment when construction plan does not meet force structure requirements

Such section is further amended—

(1)

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

(2)

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

(d)

Assessment when annual naval vessel construction plan does not meet force structure requirements

If the annual naval vessel construction plan for a fiscal year under subsection (b) does not result in a force structure or capabilities that meet the requirements identified in subsection (b)(2)(B), the Secretary shall include with the defense budget materials for that fiscal year an assessment of the extent of the strategic and operational risk to national security associated with the reduced force structure of naval vessels over the period of time that the required force structure or capabilities are not achieved. Such assessment shall include an analysis whether the risks are acceptable, and plans to mitigate such risks. Such assessment shall be coordinated in advance with the commanders of the combatant commands and the Nuclear Weapons Council under section 179 of this title.

.

1022.

Report on naval vessels and the Force Structure Assessment

(a)

Report required

Not later than February 1, 2014, the Chief of Naval Operations shall submit to the congressional defense committees a report on current and anticipated requirements for combatant vessels of the Navy over the next 30 years.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

A description of the naval capability requirements identified by the combatant commands in developing the Force Structure Assessment (FSA) in 2005 and revalidating that Assessment in 2010.

(2)

The capabilities for each class of vessel that was assumed in the Force Structure Assessment.

(3)

An assessment of the capabilities of the current fleet of combatant vessels of the Navy to meet current and anticipated requirements.

(4)

An assessment the capabilities of the anticipated fleet of combatant vessels of the Navy to meet emerging threats over the next 30 years.

(5)

An assessment of how the Navy will meet combatant command requirements for forward-deployed naval capabilities with a smaller number of ships and submarines.

(6)

An assessment of how the Navy will manage the risk of massing a greater set of capabilities on a smaller number of ships while facing an expanding range of asymmetrical threats, such as—

(A)

anti-access/area-denial capabilities;

(B)

diesel-electric submarines;

(C)

mines; and

(D)

anti-ship cruise and ballistic missiles.

(c)

Form

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

1023.

Repeal of policy relating to propulsion systems of any new class of major combatant vessels of the strike forces of the United States Navy

Section 1012 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 7291 note) is repealed.

1024.

Clarification of sole ownership resulting from ship donations at no cost to the Navy

(a)

Clarification of transfer authority

Subsection (a) of section 7306 of title 10, United States Code, is amended to read as follows:

(a)

Authority To make transfer

The Secretary of the Navy may convey, by donation, all right, title, and interest to any vessel stricken from the Naval Vessel Register or any captured vessel, for use as a museum or memorial for public display in the United States, to—

(1)

any State, the District of Columbia, any Commonwealth or possession of the United States, or any municipal corporation or political subdivision thereof; or

(2)

any nonprofit entity.

.

(b)

Clarification of limitations on liability and responsibility

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

(b)

Limitations on liability and responsibility

(1)

Immunity of United States

The United States and all departments and agencies thereof, and their officers and employees, shall not be liable at law or in equity for any injury or damage to any person or property occurring on a vessel donated under this section.

(2)

Improvements, upgrades, and repairs

Notwithstanding any other law, the United States and all departments and agencies thereof, and their officers and employees, shall have no responsibility or obligation to make, engage in, or provide funding for, any improvement, upgrade, modification, maintenance, preservation, or repair to a vessel donated under this section.

.

(c)

Clarification that transfers to be made at no cost to united states

Subsection (c) of such section is amended by inserting after under this section the following: , the maintenance and preservation of that vessel as a museum or memorial, and the ultimate disposal of that vessel, including demilitarization of Munitions List items at the end of the useful life of the vessel as a museum or memorial,.

(d)

Application of environmental laws; definitions

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

(e)

Application of environmental laws

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

(f)

Definitions

In this section:

(1)

The term nonprofit entity means any entity qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986.

(2)

The term Munitions List means the United States Munitions List created and controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778).

(3)

The term donee means any entity receiving a vessel pursuant to subsection (a).

.

(e)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

7306.

Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation

.

(2)

Table of sections

The table of sections at the beginning of chapter 633 of such title is amended by striking the item relating to section 7306 and inserting the following new item:

7306. Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation.

.

D

Counterterrorism

1031.

Transfers to foreign countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba

(a)

Authority To transfer under certain circumstances

The Secretary of Defense is authorized to transfer or release any individual detained at Guantanamo to the individual’s country of origin, or any other foreign country, if—

(1)

the Secretary determines, following a review conducted in accordance with the requirements of section 1023 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 801 note) and Executive Order No. 13567, that the individual is no longer a threat to the national security of the United States;

(2)

such transfer or release outside the United States is to effectuate an order affecting disposition of the individual by a court or competent tribunal of the United States having jurisdiction; or

(3)

such individual has been tried in a court or competent tribunal of the United States having jurisdiction on charges based on the same conduct that serves as the basis for the determination that the individual is an enemy combatant and—

(A)

has been acquitted of such charges; or

(B)

has been convicted and has completed serving the sentence pursuant to the conviction.

(b)

Determination required prior to transfer

Except as provided in subsection (a), the Secretary of Defense may transfer an individual detained at Guantanamo to the custody or control of the individual’s country origin, or any other foreign country, only if the Secretary determines that—

(1)

actions that have been or are planned to be taken will substantially mitigate the risk of such individual engaging or reengaging in any terrorist or other hostile activity that threatens the United States or United States persons or interests; and

(2)

the transfer is in the national security interest of the United States.

(c)

Factors To Be considered in making determination

In making the determination specified in subsection (b), the Secretary of Defense shall take into consideration the following factors:

(1)

The recommendations of the Guantanamo Detainee Review Task Force established pursuant to Executive Order No. 13492 and the recommendations of the Periodic Review Boards established pursuant to No. Executive Order 13567, as applicable.

(2)

Any confirmed case in which an individual transferred to the foreign country to which the individual is to be transferred subsequently engaged in terrorist or other other hostile activity that threatened the United States or United States persons or interests.

(3)

Any actions taken by the United States or the foreign country to which the individual is to be transferred, or change in circumstances in such country, that reduce the risk of recidivism of the type described in paragraph (2).

(4)

Any assurances provided by the government of the foreign country to which the individual is to be transferred, including that—

(A)

such government maintains control over any facility at which the individual is to be detained if the individual is to be housed in a government-controlled facility; and

(B)

such government has taken or agreed to take actions to substantially mitigate the risk of the individual engaging or reengaging in any terrorist or other hostile activity that threatens the United States or United States persons or interests.

(5)

An assessment of the capacity, willingness, and past practices (if applicable) of the foreign country described in paragraph (4) in meeting any assurances it has provided, including assurances under paragraph (4) regarding its capacity and willingness to mitigate the risk of recidivism.

(6)

Any record of cooperation by the individual to be transferred with United States intelligence and law enforcement authorities, pursuant to a pre-trial agreement, while in the custody of or under the effective control of the Department of Defense, and any agreements and effective mechanisms that may be in place, to the extent relevant and necessary, to provide continued cooperation with United States intelligence and law enforcement authorities.

(d)

Notification

The Secretary of Defense shall notify the appropriate committees of Congress of a determination of the Secretary under subsection (a) or (b) not later than 30 days before the transfer or release of the individual under such subsection. Each notification shall include, at a minimum, the following:

(1)

A detailed statement of the basis for the transfer or release.

(2)

An explanation of why the transfer or release is in the national security interests of the United States.

(3)

A description of any actions to be taken to mitigate the risks of recidivism by the individual to be transferred or released.

(e)

Definitions

In this section:

(1)

The term appropriate committees of Congress means—

(A)

the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(B)

the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2)

The term individual detained at Guantanamo means any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who—

(A)

is not a citizen of the United States or a member of the Armed Forces of the United States; and

(B)

is—

(i)

in the custody or under the control of the Department of Defense; or

(ii)

otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

(f)

Repeal of superseded authorities

The following provisions of law are repealed:

(1)

Section 1033 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4351).

(2)

Section 1028 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1567; 10 U.S.C. 801 note).

(3)

Section 1028 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1914; 10 U.S.C. 801 note).

1032.

Authority to temporarily transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States for emergency or critical medical treatment

(a)

Transfer for emergency or critical medical treatment authorized

Notwithstanding section 1031(a), or any similar provision of law enacted after September 30, 2013, the Secretary of Defense may temporarily transfer any individual detained at Guantanamo to a Department of Defense medical facility in the United States for the sole purpose of providing the individual medical treatment if the Secretary determines that—

(1)

the Senior Medical Officer, Joint Task Force–Guantanamo Bay, Cuba, has determined that the medical treatment is necessary to prevent death or imminent significant injury or harm to the health of the individual;

(2)

based on the recommendation of the Senior Medical Officer, Joint Task Force–Guantanamo Bay, Cuba, the medical treatment is not available to be provided at United States Naval Station, Guantanamo Bay, Cuba, without incurring excessive and unreasonable costs; and

(3)

the Department of Defense has provided for appropriate security measures for the custody and control of the individual during any period in which the individual is temporarily in the United States under this subsection.

(b)

Limitation on exercise of authority

The authority of the Secretary of Defense under subsection (a) may be exercised only by the Secretary of Defense or by another official of the Department of Defense at the level of Under Secretary of Defense or higher.

(c)

Conditions of transfer

An individual who is temporarily transferred under the authority in subsection (a) shall—

(1)

remain in the custody and control of the Secretary of Defense at all times; and

(2)

be returned to United States Naval Station, Guantanamo Bay, Cuba, as soon as feasible after a Department of Defense physician determines that—

(A)

the individual is medically cleared to travel; and

(B)

in consultation with the Commander, Joint Task Force–Guantanamo Bay, Cuba, any necessary follow-up medical care may reasonably be provided the individual at United States Naval Station, Guantanamo Bay, Cuba.

(d)

Status while in United States

An individual who is temporarily transferred under the authority in subsection (a), while in the United States—

(1)

shall be considered to be paroled into the United States temporarily pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A));

(2)

shall not be permitted to apply for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), be placed in removal proceedings under section 240 of such Act (8 U.S.C. 1229a), or be eligible to apply for admission into the United States; and

(3)

shall not be permitted to avail himself of any right, privilege, or benefit of any law of the United States beyond those available to individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

(e)

Judicial review precluded

A decision not to grant a temporary transfer under subsection (a), or not to recommend the granting of such a transfer, shall not give rise to a judicial cause of action.

(f)

Notification

The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of any temporary transfer of an individual under the authority in subsection (a) not later than 5 days after the transfer of the individual under that authority.

(g)

Individual detained at Guantanamo defined

In this section, the term individual detained at Guantanamo has the meaning given that term in section 1031(e)(2).

1033.

Limitation on the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba

(a)

In general

Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2014 may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who—

(1)

is not a United States citizen or a member of the Armed Forces of the United States; and

(2)

is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

(b)

Transfer for detention and trial

The Secretary of Defense may transfer a detainee described in subsection (a) to the United States for detention and trial if the Secretary—

(1)

determines that the transfer is in the national security interest of the United States;

(2)

determines that appropriate actions have been taken, or will be taken, to address any risk to public safety that could arise in connection with the detention and trial in the United States; and

(3)

notifies the appropriate committees of Congress not later than 30 days before the date of the proposed transfer.

(c)

Notification elements

A notification on a transfer under subsection (b)(3) shall include the following:

(1)

A statement of the basis for the determination that the transfer is in the national security interest of the United States.

(2)

A description of the actions the Secretary determines have been taken, or will be taken, to address any risk to public safety that could arise in connection with the detention and trial in the United States.

(d)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(2)

the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

1034.

Clarification of procedures for use of alternate members on military commissions

(a)

Primary and alternate members

(1)

Number of members

Subsection (a) of section 948m of title 10, United States Code, is amended—

(A)

in paragraph (1)—

(i)

by striking at least five members and inserting at least five primary members and as many alternate members as the convening authority shall detail; and

(ii)

by adding at the end the following new sentence: Alternate members shall be designated in the order in which they will replace an excused primary member.; and

(B)

in paragraph (2), by inserting primary after the number of.

(2)

General rules

Such section is further amended—

(A)

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

(B)

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

(b)

Primary members

Primary members of a military commission under this chapter are voting members.

(c)

Alternate members

(1)

A military commission may include alternate members to replace primary members who are excused from service on the commission.

(2)

Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed.

.

(3)

Excuse of members

Subsection (d) of such section, as redesignated by paragraph (2)(A), is amended—

(A)

in the matter before paragraph (1), by inserting primary or alternate before member;

(B)

in paragraph (2), by striking or at the end;

(C)

in paragraph (3), by striking the period at the end and inserting ; or; and

(D)

by adding at the end the following new paragraph:

(4)

in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority.

.

(4)

Absent and additional members

Subsection (e) of such section, as redesignated by paragraph (2)(A), is amended—

(A)

in the first sentence—

(i)

by inserting the number of primary members of after Whenever;

(ii)

by inserting primary before members required by; and

(iii)

by inserting and there are no remaining alternate members to replace the excused primary members after subsection (a); and

(B)

by adding at the end the following new sentence: An alternate member who was present for the introduction of all evidence shall not be considered to be a new or additional member..

(b)

Challenges

Section 949f of such title is amended—

(1)

in subsection (a), by inserting primary or alternate before members; and

(2)

in subsection (b), by adding at the end the following new sentence: Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice..

(c)

Number of votes required

Section 949m of such title is amended—

(1)

by inserting primary before members each place it appears; and

(2)

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

(4)

The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met.

.

E

Nuclear Forces

1041.

Modification of responsibilities and reporting requirements of Nuclear Weapons Council

(a)

Responsibilities

Subsection (d) of section 179 of title 10, United States Code, is amended—

(1)

by striking paragraph (10); and

(2)

by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively.

(b)

Annual report

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

(6)

A description of the joint efforts of the Department of Defense and the Department of Energy with respect to the physical protection of special nuclear material and the development of common physical protection standards for such material.

.

1042.

Modification of deadline for report on plan for nuclear weapons stockpile and nuclear weapons complex

Section 1043(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576) is amended—

(1)

in the subsection heading, by striking on the plan and all that follows through control system and inserting required;

(2)

in paragraph (1)—

(A)

by striking Together with the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2013 through 2019, the President and inserting The President; and

(B)

by striking control system. and inserting the following: “control system—

(A)

together with the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2013 and 2014; and

(B)

except as provided in paragraph (2), not later than 60 days after the submission of the budget of the President to Congress under that section for each of fiscal years 2015 through 2019.

;

(3)

by redesignating paragraph (2) as paragraph (3); and

(4)

by inserting after paragraph (1) the following new paragraph (2):

(2)

Extension of deadline for report

If the Secretary of Defense and the Secretary of Energy jointly determine that a report required by paragraph (1) for any of fiscal years 2015 through 2019 will not able to be transmitted to the committees specified in that paragraph by the time required under subparagraph (B) of that paragraph, such Secretaries shall—

(A)

promptly, and before the submission to Congress of the budget of the President for that fiscal year under section 1105(a) of title 31, United States Code, notify those committees of the expected date for the transmission of the report; and

(B)

not later than 30 days after the submission of that budget to Congress, provide a briefing to those committees on the content of the report.

.

1043.

Cost estimates and comparisons relating to interoperable warhead

(a)

Cost estimate of certain life extension activities

(1)

In general

The Secretary of Defense, acting through the Director of Cost Assessment and Program Evaluation, shall estimate the costs of life extension activities for the following:

(A)

Deployed and hedge W88 Trident II D5 missile warheads.

(B)

Deployed and hedge W78 intercontinental ballistic missile warheads.

(C)

Deployed and hedge W87 intercontinental ballistic missile warheads.

(2)

Submission

The Secretary shall submit the cost estimate required by paragraph (1) to the congressional defense committees not later than February 1, 2014.

(b)

Cost comparison relating to interoperable warhead

(1)

In general

The Secretary, acting through the Director, shall compare the costs of life extension activities for the warheads referred to in subsection (a)(1), using the cost estimate required by that subsection, to the costs of replacing the W88 Trident II D5 missile warheads and the W78 intercontinental ballistic missile warheads with an interoperable warhead, using the cost estimate for phase 6.2A (relating to design definition and cost study) for the interoperable warhead.

(2)

Submission

The Secretary shall submit to the congressional defense committees a report on the cost comparison required by paragraph (1) not later than April 1, 2014.

(c)

Limitation on use of funds

None of the funds authorized to be appropriated or otherwise made available by this Act may be obligated or expended for an interoperable warhead to replace the W88 Trident II D5 missile warheads and the W78 intercontinental ballistic missile warheads after the completion of phase 6.2A for the interoperable warhead until the Secretary submits to the congressional defense committees the report on the cost comparison required by subsection (b).

1044.

Sense of Congress on ensuring the modernization of United States nuclear forces

(a)

Policy

It is the policy of the United States to modernize or replace the triad of strategic nuclear delivery systems, to proceed with a robust stockpile stewardship program, and to maintain and modernize the nuclear weapons production capabilities that will ensure the safety, security, reliability, and performance of the United States nuclear arsenal at the New START Treaty levels and meet requirements for hedging against possible international developments or technical problems, in conformance with United States policies and to underpin deterrence.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

Congress is committed to providing the resources needed to achieve the objectives stated in subsection (a) at a minimum at the level set forth in the 10-year plan provided to Congress on an annual basis pursuant to section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81), as amended;

(2)

Congress supports the modernization or replacement of the triad of strategic nuclear delivery systems: a heavy bomber and air-launched cruise missile, an ICBM, and an SSBN and SLBM; and

(3)

the President and Congress should work together to meet the objectives stated in subsection (a) in the most cost-efficient manner possible.

1045.

Readiness and flexibility of intercontinental ballistic missile force

(a)

In general

The Secretary of Defense may, in a manner consistent with the obligations of the United States under international agreements—

(1)

retain intercontinental ballistic missile launch facilities currently supporting deployed strategic nuclear delivery vehicles within the limit of 800 deployed and non-deployed strategic launchers;

(2)

maintain intercontinental ballistic missiles on alert or operationally deployed status; and

(3)

preserve intercontinental ballistic missile silos in operational or warm status.