Text: H.R.1960 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Placed on Calendar Senate (07/08/2013)

Calendar No. 126

113th CONGRESS
1st Session
H. R. 1960

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.


IN THE SENATE OF THE UNITED STATES
July 8, 2013

Received; read twice and placed on the calendar


AN ACT

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

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

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

(a) Divisions.—This Act is organized into five 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.

(5) Division E—Federal Information Technology Acquisition Reform Act.

(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. 101. Authorization of appropriations.

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

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

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

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

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

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

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

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

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

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

Sec. 144. Personal protection equipment procurement.

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

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

Sec. 201. Authorization of appropriations.

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

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

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

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

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

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

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

Sec. 218. Long-range standoff weapon requirement.

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

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

Sec. 221. Requirement to complete individual carbine testing.

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

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

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

Sec. 225. Limitation on availability of funds for space-based infrared systems space program.

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

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

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

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

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

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

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

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

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

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

Sec. 241. Readiness of intercontinental ballistic missile force.

Sec. 242. Sense of Congress on negotiations affecting the missile defenses of the United States.

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

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

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

Sec. 254. Report on powered rail system.

Sec. 255. Report on science, technology, engineering, and mathematics scholarship program.

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

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

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

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

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

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

Sec. 267. Approval of certain new uses of research, development, test, and evaluation land.

Sec. 268. Canines as stand-off detection of explosives and explosive precursors.

Sec. 301. Operation and maintenance funding.

Sec. 302. Authorization of appropriations for Marine Security Guard.

Sec. 303. Authorization of appropriations for Crisis Response Force.

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

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

Sec. 313. Reauthorization of Sikes Act.

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

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

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

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

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

Sec. 319. Limitation on procurement of biofuels.

Sec. 320. Military readiness and southern sea otter conservation.

Sec. 321. Littoral Combat Ship Strategic Sustainment Plan.

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

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

Sec. 324. Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of certain functions to contractor performance.

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

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

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

Sec. 334. Ordnance related records review and reporting requirement for Vieques and Culebra Islands, Puerto Rico.

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

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

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

Sec. 401. End strengths for active forces.

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

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.

Sec. 421. Military personnel.

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

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

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

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

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

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

Sec. 516. Designation of State student cadet corps as Department of Defense youth organizations.

Sec. 521. Review of Integrated Disability Evaluation System.

Sec. 522. Compliance requirements for organizational climate assessments.

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

Sec. 524. Contents of Transition Assistance Program.

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

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

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

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

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

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

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

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

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

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

Sec. 530E. Meetings with respect to religious liberty.

Sec. 530F. Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act.

Sec. 530G. Policy on military recruitment and enlistment of graduates of secondary schools.

Sec. 530H. Comptroller General report on use of determination of personality disorder or adjustment disorder as basis to separate members from the Armed Forces.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 550A. Discharge or dismissal, and confinement required for certain sex-related offenses committed by members of the Armed Forces.

Sec. 550B. Enhancement to requirements for availability of information on sexual assault prevention and response resources.

Sec. 550C. Military Hazing Prevention Oversight Panel.

Sec. 550D. Prevention of sexual assault at military service academies.

Sec. 550E. Ensuring awareness of policy to instruct victims of sexual assault seeking security clearance to answer “no” to question 21.

Sec. 550F. Report on policies and regulations regarding service members living with or at risk of contracting HIV.

Sec. 550G. Additional modification of annual Department of Defense reporting requirements regarding sexual assaults and prevention and response program.

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

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

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

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

Sec. 555. Transition of members of the Armed Forces and their families from military to civilian life.

Sec. 556. Mortgage protection for members of the Armed Forces, surviving spouses, and certain veterans and other improvements to the Servicemembers Civil Relief Act.

Sec. 557. Department of Defense recognition of dependents of members of the Armed Forces who serve in combat zones.

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

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

Sec. 563. Service-wide 360 assessments.

Sec. 564. Health welfare inspections.

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

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

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

Sec. 568. Requirement to continue provision of tuition assistance for members of the Armed Forces.

Sec. 569. Internet access for members of the Army, Navy, Air Force, and Marine Corps serving in combat zones.

Sec. 570. Report on the Troops to Teachers program.

Sec. 570A. Secretary of Defense report on feasibility of requiring automatic operation of current prohibition on accrual of interest on direct student loans of certain members of the Armed Forces.

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

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

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

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

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

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

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

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

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

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

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

Sec. 589. Required gold content for Medal of Honor.

Sec. 590. Consideration of Silver Star Award nominations.

Sec. 590A. Report on Army review, findings, and actions pertaining to Medal of Honor nomination of Captain William L. Albracht.

Sec. 590B. Replacement of military decorations.

Sec. 590C. Authorization for award of the Medal of Honor to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War.

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

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

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

Sec. 594. Commission on Service to the Nation.

Sec. 595. Electronic tracking of certain reserve duty.

Sec. 596. Military salute during recitation of pledge of allegiance by members of the Armed Forces not in uniform and by veterans.

Sec. 597. Provision of service records.

Sec. 598. Sense of Congress regarding the recovery of the remains of certain members of the Armed Forces killed in Thurston Island, Antarctica.

Sec. 599. Gifts made for the benefit of military musical units.

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

Sec. 602. Recognition of additional means by which members of the National Guard called into Federal service for a period of 30 days or less may initially report for duty for entitlement to basic pay.

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 634. Exchange store system participation in the Accord on Fire and Building Safety in Bangladesh.

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

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

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

Sec. 644. Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total.

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

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

Sec. 703. Behavioral health treatment of developmental disabilities under TRICARE.

Sec. 704. Extension of Transitional Assistance Management Program.

Sec. 705. Comprehensive policy on improvements to care and transition of service members with urotrauma.

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

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

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

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

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

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

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

Sec. 724. Research regarding hydrocephalus.

Sec. 725. Traumatic brain injury research.

Sec. 726. Data sharing with State adjutant generals to facilitate suicide prevention efforts.

Sec. 727. Increased collaboration with NIH to combat triple negative breast cancer.

Sec. 728. Sense of Congress on mental health counselors for members of the Armed Forces and their families.

Sec. 729. Report on role of Department of Veterans Affairs in Department of Defense centers of excellence.

Sec. 730. Preliminary mental health assessments.

Sec. 731. Sense of Congress on the traumatic brain injury plan.

Sec. 732. Report on memorandum regarding traumatic brain injuries.

Sec. 733. Pilot program for investigational treatment of members of the Armed Forces for traumatic brain injury and post-traumatic stress disorder.

Sec. 734. Integrated Electronic Health Record of the Departments of Defense and Veterans Affairs.

Sec. 735. Comptroller General report on recovery audit program for TRICARE.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 833. Report on procurement supply chain vulnerabilities.

Sec. 834. Study on the impact of contracting with veteran-owned small businesses.

Sec. 835. Revisions to requirements relating to justification and approval of sole-source defense contracts.

Sec. 836. Improved management of Defense equipment and supplies through automated information and data capture technologies.

Sec. 837. Revision of Defense Supplement to the Federal Acquisition Regulation to take into account sourcing laws.

Sec. 838. Prohibition on purchase of military coins not made in United States.

Sec. 839. Compliance with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces.

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

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

Sec. 903. Report on strategic importance of United States military installation of the U.S. Pacific Command.

Sec. 904. Comptroller General report on potential relocation of Federal Government tenants on Asia-Pacific and Arctic-oriented United States military installations.

Sec. 911. National security space satellite reporting policy.

Sec. 912. National security space defense and protection.

Sec. 913. Space acquisition strategy.

Sec. 914. Space control mission report.

Sec. 915. Responsive launch.

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

Sec. 922. Department of Defense intelligence priorities.

Sec. 923. Defense Clandestine Service.

Sec. 924. Prohibition on National Intelligence Program consolidation.

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

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

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

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

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

Sec. 936. Limitation on availability of funds for collaborative cybersecurity activities with China.

Sec. 937. Small business cybersecurity solutions office.

Sec. 938. Small business cyber education.

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

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

Sec. 1001. General transfer authority.

Sec. 1002. Budgetary effects of this Act.

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

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

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

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

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

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

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

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

Sec. 1023. Repair of vessels in foreign shipyards.

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

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

Sec. 1026. Report comparing costs of DDG 1000 and DDG 51 Flight III ships.

Sec. 1027. Sense of Congress on establishment of an Advisory Board on Toxic Substances and Worker Health.

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 1040B. Procedures governing United States citizens apprehended inside the United States pursuant to the Authorization for Use of Military Force.

Sec. 1040C. Prohibition on the use of funds for recreational facilities for individuals detained at Guantanamo.

Sec. 1040D. Prohibition on transfer or release of individuals detained at Guantanamo to Yemen.

Sec. 1041. Congressional notification of sensitive military operations.

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

Sec. 1043. Counterterrorism operational briefings.

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

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

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

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

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

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

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

Sec. 1058. Cost estimates for nuclear weapons.

Sec. 1059. Report on New START Treaty.

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

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

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

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

Sec. 1065. Unmanned aircraft joint training and usage plan.

Sec. 1071. Oversight of combat support agencies.

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

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

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

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

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

Sec. 1077. Reports on unmanned aircraft systems.

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

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

Sec. 1080. Report on United States citizens subject to military detention.

Sec. 1080A. Report on implementation of the recommendations of the Palomares Nuclear Weapons Accident Revised Dose Evaluation Report.

Sec. 1080B. Report on long-term costs of operation Iraqi Freedom and Operation Enduring Freedom.

Sec. 1081. Technical and clerical amendments.

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

Sec. 1082A. Transportation of supplies to members of the Armed Forces from nonprofit organizations.

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

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

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

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

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

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

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

Sec. 1090. Transfer or loan of equipment to the Department of Homeland Security relating to border security.

Sec. 1091. Transfer to the Department of Homeland Security of the Tethered Aerostat Radar System.

Sec. 1092. Sale or donation of excess personal property for border security activities.

Sec. 1093. Unmanned aircraft systems and national airspace.

Sec. 1094. Days on which the POW/MIA flag is displayed on certain Federal property.

Sec. 1095. Sense of Congress on improvised explosive devices.

Sec. 1096. Sense of Congress to maintain a strong National Guard and military reserve force.

Sec. 1097. Access of employees of congressional support offices to department of defense facilities.

Sec. 1098. Cost of wars.

Sec. 1099. Sense of Congress regarding consideration of foreign languages and cultures in the building of partner capacity.

Sec. 1099A. Sense of Congress regarding preservation of Second Amendment rights of active duty military personnel stationed or residing in the District of Columbia.

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

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

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

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

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

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

Sec. 1107. Defense Science Initiative for Personnel.

Sec. 1108. Compliance with law regarding availability of funding for civilian personnel.

Sec. 1109. Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the armed forces.

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

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

Sec. 1203. Global Security Contingency Fund.

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

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

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

Sec. 1207. Monitoring and evaluation of overseas humanitarian, disaster, and civic aid programs of the Department of Defense.

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

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

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

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

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

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

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

Sec. 1218. Improvement of the Iraqi special immigrant visa program.

Sec. 1219. Improvement of the Afghan Special Immigrant Visa Program.

Sec. 1220. Sense of congress.

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

Sec. 1222. Completion of accelerated transition of United States combat and military and security operations to the Government of Afghanistan.

Sec. 1223. Defense intelligence plan.

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

Sec. 1225. Limitation on funds to establish permanent military installations or bases in Afghanistan.

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

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

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

Sec. 1234. Integrated air and missile defense programs at training locations in Southwest Asia.

Sec. 1235. Statement of Policy on condemning the Government of Iran for its state-sponsored persecution of its Baha’i minority.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 1258. Rule of construction.

Sec. 1259. Sense of Congress regarding relations with Taiwan.

Sec. 1260. Sense of Congress on the threat posed by Hezbollah.

Sec. 1261. Combating crime through intelligence capabilities.

Sec. 1262. Limitation on availability of funds to implement the Arms Trade Treaty.

Sec. 1263. War Powers of Congress.

Sec. 1264. Prohibition on use of drones to kill United States citizens.

Sec. 1265. Sale of F–16 aircraft to Taiwan.

Sec. 1266. Statement of policy and report on the inherent right of Israel to self-defense.

Sec. 1267. Report on collective and national security implications of central Asian and South Caucasus energy development.

Sec. 1268. Report on military and security developments involving the Russian Federation.

Sec. 1269. Limitation on assistance to provide tear gas or other riot control items.

Sec. 1270. Report on certain financial assistance to Afghan military.

Sec. 1271. Israel’s right to self-defense.

Sec. 1272. Sense of Congress strongly supporting the full implementation of United States and international sanctions on Iran and urging the President to continue to strengthen enforcement of sanctions legislation.

Sec. 1273. Sense of Congress on the illegal nuclear weapons programs of Iran and North Korea.

Sec. 1274. Limitation on use of funds to purchase equipment from Rosoboronexport.

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

Sec. 1302. Funding allocations.

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

Sec. 1304. Strategy to modernize cooperative threat reduction and prevent the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region.

Sec. 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.

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

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

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

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

Sec. 1423. Cemeterial expenses.

Sec. 1501. Purpose.

Sec. 1502. Procurement.

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

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

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

Sec. 1508. Defense Inspector General.

Sec. 1509. Defense Health Program.

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Sec. 1531. Afghanistan Security Forces Fund.

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

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

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

Sec. 1535. Limitation on funds for the Afghanistan Security Forces Fund to acquire certain aircraft, vehicles, and equipment.

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

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

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

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

Sec. 1605. Foreign commercial satellite services.

Sec. 1606. Proof of Concept Commercialization Pilot Program.

Sec. 1607. Reporting on goals for procurement contracts awarded to small business concerns.

Sec. 1608. Program to provide Federal contracts to early stage small businesses.

Sec. 1609. Credit for certain subcontractors.

Sec. 1610. GAO Study on subcontracting reporting systems.

Sec. 1611. Inapplicability of requirement to review and justify certain contracts.

Sec. 2001. Short title.

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

Sec. 2003. Effective date.

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

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

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

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

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

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

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

Sec. 2109. Transfer of Administrative Jurisdiction, Camp Frank D. Merrill, Dahlonega, Georgia.

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

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

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

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

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

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

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

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

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

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

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

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

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

Sec. 2502. Authorization of appropriations, NATO.

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.

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

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

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

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

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

Sec. 2713. Consideration of the value of services provided by a local community to the Armed Forces as part of the economic analysis in making base realignment or closure decisions.

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

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

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

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

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

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

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

Sec. 2807A. Department of Defense report on Military Housing Privatization Initiative.

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

Sec. 2809. Development of master plans for major military installations.

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

Sec. 2812. Report on utilization of Department of Defense real property.

Sec. 2813. Conditions on Department of Defense expansion of Piñon Canyon Maneuver Site, Fort Carson, Colorado.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 2866. Establishment of military divers memorial at Washington Navy Yard.

Sec. 2867. Inclusion of emblems of belief as part of military memorials.

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

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

Sec. 3002. Management of withdrawn and reserved lands.

Sec. 3003. Special rules governing minerals management.

Sec. 3004. Grazing.

Sec. 3005. Duration of withdrawal and reservation.

Sec. 3006. Payments in lieu of taxes.

Sec. 3007. Hunting, fishing and trapping.

Sec. 3008. Water rights.

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

Sec. 3010. On-going decontamination.

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

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

Sec. 3013. Relinquishment.

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

Sec. 3022. Water rights.

Sec. 3023. Withdrawal.

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

Sec. 3032. Water rights.

Sec. 3033. Withdrawal.

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

Sec. 3042. Management and use of transferred land.

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

Sec. 3044. Effect of termination of military use.

Sec. 3045. Temporary extension of existing withdrawal period.

Sec. 3046. Water rights.

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

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

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

Sec. 3054. Water rights.

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

Sec. 3062. Water rights.

Sec. 3063. Withdrawal.

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Energy security and assurance.

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 3123. Extension of authority of Secretary of Energy to enter into transactions to carry out certain research projects.

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

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

Sec. 3133. Repeal of certain reporting requirements.

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

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

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

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

Sec. 3145. Government Waste Isolation Pilot Plant Extension.

Sec. 3146. Conveyance of land at the Hanford Site.

Sec. 3147. Manhattan Project National Historical Park.

Sec. 3201. Authorization.

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

Sec. 3401. Authorization of appropriations.

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

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

Sec. 3503. Sense of Congress.

Sec. 3504. Treatment of funds for intermodal transportation maritime facility, Port of Anchorage, Alaska.

Sec. 3505. Strategic seaports.

Sec. 4001. Authorization of amounts in funding tables.

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

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

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

Sec. 4301. Operation and maintenance.

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

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Sec. 4601. Military construction.

Sec. 4701. Department of energy national security programs.

Sec. 5001. Short title.

Sec. 5002. Table of contents.

Sec. 5003. Definitions.

Sec. 5101. Increased authority of agency Chief Information Officers over information technology.

Sec. 5102. Lead coordination role of Chief Information Officers Council.

Sec. 5103. Reports by Government Accountability Office.

Sec. 5201. Purpose.

Sec. 5202. Definitions.

Sec. 5203. Federal data center optimization initiative.

Sec. 5204. Performance requirements related to data center consolidation.

Sec. 5205. Cost savings related to data center optimization.

Sec. 5206. Reporting requirements to Congress and the Federal Chief Information Officer.

Sec. 5301. Inventory of information technology assets.

Sec. 5302. Website consolidation and transparency.

Sec. 5303. Transition to the cloud.

Sec. 5304. Elimination of unnecessary duplication of contracts by requiring business case analysis.

Sec. 5401. Establishment of Federal infrastructure and common application collaboration center.

Sec. 5402. Designation of Assisted Acquisition Centers of Excellence.

Sec. 5411. Expansion of training and use of information technology acquisition cadres.

Sec. 5412. Plan on strengthening program and project management performance.

Sec. 5413. Personnel awards for excellence in the acquisition of information systems and information technology.

Sec. 5501. Maximizing the benefit of the Federal Strategic Sourcing Initiative.

Sec. 5502. Promoting transparency of blanket purchase agreements.

Sec. 5503. Additional source selection technique in solicitations.

Sec. 5504. Enhanced transparency in information technology investments.

Sec. 5505. Enhanced communication between Government and industry.

Sec. 5506. Clarification of current law with respect to technology neutrality in acquisition of software.

SEC. 3. Congressional defense committees.

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

SEC. 101. Authorization of appropriations.

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

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

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

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

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

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

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

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

(5) Any other matters the Secretary considers appropriate.

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

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into—

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

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

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

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

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

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

“(a) Limitation.—

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

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

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

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

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

“(3) The amounts of outfitting costs and post-delivery costs incurred for that ship.

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

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

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

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

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

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

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

“(d) Notice.—

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

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

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

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

(b) Conforming amendment.—The table of contents at the beginning of such Act is amended by striking the item relating to section 122 and inserting the following:


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

SEC. 131. Multiyear procurement authority for multiple variants of the C–130J aircraft program.

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Air Force may enter into—

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

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

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

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

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

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

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

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

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

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

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

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

(a) Findings.—Congress finds the following:

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

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

(b) Plan.—

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

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

(A) The proposed cost, schedule, and performance.

(B) Mission assurance activities.

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

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

(E) Any other areas the Secretary determines appropriate.

(c) Submission to Congress.—

(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall—

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

(B) provide to such committees a briefing on such plan.

(2) GAO REVIEW.—The Comptroller General of the United States shall—

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

(B) provide to such committees a briefing on such plan.

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means the following:

(A) The congressional defense committees.

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

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

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

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

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

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

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

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

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

(c) Notification required.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall notify the congressional defense committees of—

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

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

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

(1) The status of procurements under such contract.

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

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

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

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

(f) Core tactical vehicles defined.—In this section, the term “core tactical wheeled vehicles” means—

(1) the family of medium tactical vehicles;

(2) medium tactical wheeled vehicle replacements;

(3) the family of heavy tactical vehicles; and

(4) logistics vehicle system replacements.

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

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

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

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

(1) by striking “(a) Limitation.—”; and

(2) by striking subsection (b).

SEC. 144. Personal protection equipment procurement.

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

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

(c) Personal protection equipment defined.—In this section, the term “personal protection equipment” means the following:

(1) Body armor components.

(2) Combat helmets.

(3) Combat protective eyewear.

(4) Protective clothing.

(5) Other items as determined appropriate by the Secretary.

SEC. 145. Repeal of certain F–35 reporting requirements.

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

(1) by striking subsection (b); and

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

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

(a) Study.—

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

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

(b) Report.—

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

(2) MATTERS INCLUDED.—The report under paragraph (1) shall include the following:

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

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

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

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

(c) Personal protection equipment.—In this section, the term “personal protection equipment” includes body armor.

SEC. 201. Authorization of appropriations.

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

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

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

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

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

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

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

(A) feasible and fully-defined requirements;

(B) fully mature technologies;

(C) independent and high-confidence cost estimates;

(D) available funding; and

(E) a realistic and achievable schedule.

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

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

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

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

(1) strategies to—

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

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

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

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

(A) shared throughout the Department of Defense and the military departments; and

(B) considered in program planning for similar logistics information technology systems.

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

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

(b) Matters included.—The report under subsection (a) shall include the following:

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

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

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

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

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

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

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

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

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

(b) Matters included.—The report under subsection (a) shall include the following:

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

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

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

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

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

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

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

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

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

SEC. 218. Long-range standoff weapon requirement.

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

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

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

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

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

(1) managing the software development program; and

(2) delivering critical software capability in accordance with current program milestones.

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

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

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

(B) will be successful in meeting the established program schedule.

(2) Any recommendations of the independent team with respect to improving the software development program to ensure that, in support of the start of initial operational testing, the established program schedule is met on time.

(3) If the independent team determines that the software development program will be unable to deliver the full complement of software within the established program schedule, any potential alternatives that the independent team considers appropriate to deliver such software within such schedule.

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

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

(b) Analysis.—

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

(2) ELEMENTS.—The analysis required under paragraph (1) shall include the following:

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

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

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

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

(c) Competition required.—

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

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

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

(A) the reasons for making such a waiver; and

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

(d) Covered official defined.—In this section, the term “covered official” means the following:

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

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

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

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

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

SEC. 221. Requirement to complete individual carbine testing.

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

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

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

(3) submits to the congressional defense committees—

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

(B) the business case analysis described in paragraph (2).

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

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

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

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

(a) Findings.—Congress finds the following:

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

(2) April 2013 marked the 50-year anniversary of the agreement.

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

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

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

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

It is the sense of the Congress that—

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

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

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

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

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

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

SEC. 225. Limitation on availability of funds for space-based infrared systems space program.

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

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

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

(b) Harvesting technology.—

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

(2) ACTIONS DESCRIBED.—Actions described in this paragraph are actions relating to harvesting technology of the medium extended air defense system.

(c) Report.—

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

(2) MATTERS INCLUDED.—The report under paragraph (1) shall include the following:

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

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

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

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

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

(a) Findings.—Congress makes the following findings:

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

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

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

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

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

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

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

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

(b) Additional missile defense site.—

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

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

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

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

(a) Policy.—It is the policy of the United States that—

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

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

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

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

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

(A) such dismantlement has occurred; and

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

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

(1) the President submits to the congressional defense committees—

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

(B) a report, in unclassified form, explaining—

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

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

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

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

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

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

(a) In general.—Section 225 of title 10, United States Code, is amended—

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

(2) by adding at the end the following:

“(e) Quality of cost estimates.—(1) The Director shall ensure that each cost estimate included in an acquisition baseline pursuant to subsection (b)(3) includes all operation and support costs, regardless of funding source, for which the Director is responsible.

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

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

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

(a) Analysis of alternatives required.—

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

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

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

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

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

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

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

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

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

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

(b) Submission required.—

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

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

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

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

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

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

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

(a) Organic kill assessment capability.—The Director of the Missile Defense Agency and the Commander of the United States Northern Command, in consultation with the Commander of the United States Strategic Command, shall jointly develop—

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

(2) a plan to carry out such options that gives priority to including such capabilities in at least some of the 14 ground-based interceptors that will be procured by the Director, as announced by the Secretary of Defense on March 15, 2013.

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

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

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

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

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

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

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

(a) NATO funding.—

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

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

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

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

(3) REPORTS.—Not later than 180 days after the date of the enactment of this Act, and each 180-day period thereafter, the President shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the funding provided by NATO pursuant to paragraphs (1) and (2).

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

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

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

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

(a) Findings.—Congress finds the following:

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

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

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

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

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

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

(7) Russian President Vladimir Putin said the move was “not a threat to the security of the Russian Federation”.

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

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

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

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

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

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

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

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

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

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

(b) Sense of Congress.—Congress—

(1) recognizes the inspiring leadership of President Ronald Reagan to “maintain the peace through strength”;

(2) recognizes the enduring obligation President as Commander in Chief to“ preserve, protect, and defend the Constitution”;

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

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

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

SEC. 241. Readiness of intercontinental ballistic missile force.

The Secretary of Defense shall preserve each intercontinental ballistic missile silo that contains a deployed missile as of the date of the enactment of this Act in, at minimum, a warm status that enables such silo to—

(1) remain a fully functioning element of the interconnected and redundant command and control system of the missile field; and

(2) be made fully operational with a deployed missile.

SEC. 242. Sense of Congress on negotiations affecting the missile defenses of the United States.

(a) Findings.—Congress finds the following:

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

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

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

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

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

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

(b) Sense of Congress.—It is the sense of Congress that—

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

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

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

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

(b) Annual reports.—

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

(2) MATTERS TO BE INCLUDED.—Each report under paragraph (1) shall include the following:

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

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

(i) developmental and operational testing of the vehicle; and

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

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

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

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

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

(A) the analysis of alternatives;

(B) the initial capabilities document; and

(C) the capabilities development document.

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

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

(b) Matters included.—The report under subsection (a) shall include the following:

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

(2) For each such solution—

(A) the costs, schedules, and performance requirements;

(B) the research and development funding profile;

(C) a description of the materials being used in the solution; and

(D) the feasibility and technology readiness levels of the solution and the materials.

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

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

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

(6) Any other matter the Secretary considers appropriate.

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

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

SEC. 254. Report on powered rail system.

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

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

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

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

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

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

SEC. 255. Report on science, technology, engineering, and mathematics scholarship program.

Not later than 60 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that assesses whether the Science, Mathematics and Research for Transformation (SMART) scholarship program, or related scholarship or fellowship programs within the Department of Defense, are providing the necessary number of undergraduate and graduate students in the fields of science, technology, engineer, and mathematics to meet the recommendations contained in the report of the Commission on Research and Development in the United States Intelligence Community, as well as recommendation for how SMART and similar program might be improved to better satisfy those recommendations.

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

(a) In general.—Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section:

§ 189. Cryptographic Modernization Review and Advisory Board

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

“(b) Members.—(1) The Secretary shall determine the number of members of the Board.

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

“(c) Responsibilities.—The Board shall—

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

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

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

“(4) develop a five-year cryptographic modernization plan to—

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

“(B) identify previously unidentified requirements;

“(5) develop a long-term roadmap to—

“(A) ensure synchronization with major planning documents;

“(B) anticipate risks and issues in 10- and 20-year timelines; and

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

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

“(7) advise the Secretary on the development of a cryptographic asset visibility system.

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

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding after the item relating to section 188 the following new item:


“189. Cryptographic Modernization Review and Advisory Board.”.

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

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

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

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

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

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

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

“(b) Availability of funds for infrastructure revitalization projects.—

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

“(2) PRIOR NOTICE OF COSTS OF PROJECTS.—Funds shall be available in accordance with paragraph (1) for a project referred to in that paragraph only if the congressional defense committees are notified of the total cost of the project before the commencement of the project.

“(3) ACCUMULATION OF FUNDS FOR PROJECTS.—Funds may accumulate under a mechanism under subsection (a) for a project referred to in paragraph (1) for not more than five years.

“(4) LIMITATION ON TOTAL COST OF PROJECT.—Funds shall be available in accordance with paragraph (1) for a project referred to in that paragraph only if the cost of the project does not exceed $4,000,000.”.

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

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

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

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

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

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

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

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

(b) Matters included.—The briefing under subsection (a) shall include the following:

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

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

(A) system failure and losses, including—

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

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

(B) mitigation and response to disasters and attacks;

(C) variable energy resource integration on the bulk power system;

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

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

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

(G) facilitating increased consumer self-sufficiency.

SEC. 267. Approval of certain new uses of research, development, test, and evaluation land.

(a) In general.—Notwithstanding any other provision of law, the Secretary of Defense, or the head of any other department or agency of the Federal Government, may not finalize any decision regarding new land use activity on covered land unless the Secretary concerned approves such activity in writing.

(b) Definitions.—In this section:

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

(2) The term “new land use activity” means an activity regarding the use of covered land that—

(A) as of the date of the enactment of this Act, is not carried out on covered land; and

(B) is carried out by, or in cooperation with, a department or agency of the Federal Government other than the Department of Defense.

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

SEC. 268. Canines as stand-off detection of explosives and explosive precursors.

Not later than 90 days after the date of enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall provide to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report that—

(1) describes how the Department of Defense intends to maintain the capability and infrastructure required to support canines as stand-off detection of explosives and explosive precursors;

(2) specifies the appropriate office to oversee the acquisition process, research and development, technology advancement, testing and evaluation, and production and procurement with respect to canines as stand-off detection of explosives and explosive precursors;

(3) specifies the plan to sustain and enhance the partnerships and relationships of the Department of Defense with service laboratories, private sector companies, and academic institutions to ensure that the latest data and information regarding canine capabilities are distributed throughout the Department and other Federal agencies that could benefit from such information; and

(4) specifies any technologies capable of replacing the canine as a stand-off detection capability during the next 2 years.

SEC. 301. Operation and maintenance funding.

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

SEC. 302. Authorization of appropriations for Marine Security Guard.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, as specified in the corresponding funding table in section 4301, for Marine Security Guard is hereby increased by $13,400,000.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Army, as specified in the corresponding funding table in section 4301, is hereby reduced by $13,400,000, to be derived from the Maneuver Units.

SEC. 303. Authorization of appropriations for Crisis Response Force.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, as specified in the corresponding funding table in section 4301, for the Crisis Response Force is hereby increased by $10,600,000.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Army, as specified in the corresponding funding table in section 4301, is hereby reduced by $10,600,000, to be derived from the Maneuver Units.

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

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

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

(2) by adding at the end the following new paragraph:

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

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

“(B) March 31 of the previous fiscal year.”.

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

(a) Use of funds under certain agreements.—Section 2684a of title 10, United States Code, is amended—

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

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

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

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

SEC. 313. Reauthorization of Sikes Act.

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

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

(a) Multiyear agreements To fund long-Term management.—Subsection (b) of section 103A of the Sikes Act (16 U.S.C. 670c–1) is amended—

(1) by inserting “(1)” before “Funds”; and

(2) by adding at the end the following new paragraph:

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

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

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

(b) Availability of funds and relation to other laws.—Subsection (c) of such section is amended to read as follows:

“(c) Availability of funds and relation to other laws.—(1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.

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

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

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

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

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

(c) Annual audits.—Such section is further amended by adding at the end the following new subsection:

“(d) Annual audits.—The Inspector General of the Department of Defense shall annually audit each natural resources project funded with amounts available to the Department of Defense under this Act that is not on a military installation.”.

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

SEC. 315. Exclusions from definition of “chemical substance” under Toxic Substances Control Act.

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

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

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

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

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

(1) Tires.

(2) Treated wood.

(3) Batteries.

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

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

(6) Compressed gas cylinders, unless empty with valves removed.

(7) Fuel containers, unless completely evacuated of its contents.

(8) Aerosol cans.

(9) Polychlorinated biphenyls.

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

(11) Asbestos.

(12) Mercury.

(13) Foam tent material.

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

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

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

SEC. 319. Limitation on procurement of biofuels.

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

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

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

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

(1) in limited quantities necessary to complete test and certification; or

(2) for the biofuel research and development efforts of the Department.

SEC. 320. Military readiness and southern sea otter conservation.

(a) Establishment of the southern sea otter military readiness areas.—Chapter 631 of title 10, United States Code, is amended by adding at the end the following new section:

§ 7235. Establishment of the Southern Sea Otter Military Readiness Areas

“(a) Establishment.—The Secretary of Defense shall establish areas to be known as ‘Southern Sea Otter Military Readiness Areas’ for national defense purposes. Such areas shall include each of the following:

“(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:

“N. Latitude/W. Longitude
“33°27.8′/119°34.3′
“33°20.5′/119°15.5′
“33°13.5′/119°11.8′
“33°06.5′/119°15.3′
“33°02.8′/119°26.8′
“33°08.8′/119°46.3′
“33°17.2′/119°56.9′
“33°30.9′/119°54.2′;

“(2) That area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by 33 CFR part 165 on May 20, 2010, as the San Clemente Island 3NM Safety Zone.

“(b) Activities within the southern sea otter military readiness areas.—

“(1) INCIDENTAL TAKINGS UNDER ENDANGERED SPECIES ACT OF 1973.—Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.

“(2) INCIDENTAL TAKINGS UNDER MARINE MAMMAL PROTECTION ACT OF 1972.—Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting military readiness activities.

“(3) TREATMENT AS SPECIES PROPOSED TO BE LISTED.—For purposes of any military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).

“(c) Removal.—Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas as of the effective date of this section or thereafter be removed from the Areas.

“(d) Revision or termination of exceptions.—The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary, in consultation with the Secretary of the Navy, determines that military activities authorized under subsection (b) are impeding southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels.

“(e) Monitoring.—

“(1) IN GENERAL.—The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the sea otter population and on the near-shore eco-system. Monitoring and research parameters and methods shall be determined in consultation with the service.

“(2) REPORTS.—Within 24 months after the effective date of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1).

“(f) Definitions.—In this section:

“(1) INCIDENTAL TAKING.—The term ‘incidental taking’ means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

“(2) OPTIMUM SUSTAINABLE POPULATION.—The term ‘optimum sustainable population’ means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.

“(3) SOUTHERN SEA OTTER.—The term ‘southern sea otter’ means any member of the subspecies Enhydra lutris nereis.

“(4) TAKE.—The term ‘take’—

“(A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531–1544) shall have the meaning given such term in that statute; and

“(B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361–1423h), shall have the meaning given such term in that statute.

“(5) MILITARY READINESS ACTIVITY.—The term ‘military readiness activity’ has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2509; 16 U.S.C. 703 note), and includes all training and operations of the Armed Forces that relate to combat, and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following:


“7235. Establishment of the Southern Sea Otter Military Readiness Areas.”.

(c) Conforming Amendment.—Section 1 of Public Law 99–625 (16 U.S.C. 1536 note) is repealed.

SEC. 321. Littoral Combat Ship Strategic Sustainment Plan.

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

(1) An estimate of the cost and schedule of implementing the plan.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Determination of use of arsenals.—

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

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

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

SEC. 324. Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of certain functions to contractor performance.

No Department of Defense function that is performed by Department of Defense civilian employees and is tied to a certain military base may be converted to performance by a contractor until the Secretary of Defense conducts an assessment to determine if the Department of Defense has carried out sufficient outreach programs to assist small business concerns owned and controlled by women (as such term is defined in section 8(d)(3)(D) of the Small Business Act) and small business concerns owned and controlled by socially and economically disadvantaged individuals (as such term is defined in section 8(d)(3)(C) of the Small Business Act) that are located in the geographic area near the military base.

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

(a) Assessment of assigned missions and contractor support.—Section 482 of title 10, United States Code, is amended—

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

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

“(g) Combatant command assigned mission assessments.—(1) Each report shall also include an assessment by each commander of a geographic or functional combatant command of the ability of the command to successfully execute each of the assigned missions of the command. Each such assessment for a combatant command shall also include a list of the mission essential tasks for each assigned mission of the command and an assessment of the ability of the command to successfully complete each task within prescribed timeframes.

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

“(h) Risk assessment of dependence on contractor support.—Each report shall also include an assessment by the Chairman of the Joint Chiefs of Staff of the level of risk incurred by using contract support in contingency operations as required under Department of Defense Instruction 1100.22, ‘Policies and Procedures for Determining Workforce Mix’.

“(i) Combat support agencies assessment.—(1) Each report shall also include an assessment by the Secretary of Defense of the military readiness of the combat support agencies, including, for each such agency—

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

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

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

“(iii) any readiness deficiencies and actions recommended to address such deficiencies; and

“(iv) key indicators and other relevant information related to any deficiency or other problem identified;

“(B) any recommendations that the Secretary considers appropriate.

“(2) In this subsection, the term ‘combat support agency’ means any of the following Defense Agencies:

“(A) The Defense Information Systems Agency.

“(B) The Defense Intelligence Agency.

“(C) The Defense Logistics Agency.

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

“(E) The Defense Contract Management Agency.

“(F) The Defense Threat Reduction Agency.

“(G) The National Reconnaissance Office.

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

“(I) Any other Defense Agency designated as a combat support agency by the Secretary of Defense.”.

(b) Conforming amendment.—Such section is further amended in subsection (a), by striking “and (f)” and inserting “(f), (g), (h), and (i)”.

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

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

(1) by striking subsection (d);

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

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

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

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

SEC. 334. Ordnance related records review and reporting requirement for Vieques and Culebra Islands, Puerto Rico.

(a) Identification of military munitions and navy operational history.—

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

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

(b) Report.—Not later than 450 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate, and shall make publicly available, a report detailing the findings and determinations of the review required by subsection (a). The report shall be organized to include the information detailed in subsection (a) in addition to site history, site description, real estate ownership information, and any other information about known military munitions and military training that occurred historically on the islands of Vieques and Culebra, Puerto Rico, and in the nearby cays and waters. The report shall include any information and recommendations that the Secretary deems appropriate about the potential hazards to the public associated with unexploded ordnance on the islands of Vieques and Culebra, Puerto Rico, and in the nearby cays and waters.

(c) Definitions.—In this section:

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

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

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

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

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

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

(b) United States.—In this section, the term “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.

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

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

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

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

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

(c) Exceptions.—Nothing in subsection (b) shall be construed as—

(1) prohibiting the development or fielding of combat and camouflage utility uniforms for use by personnel assigned to or operating in support of the unified combatant command for special operations forces described in section 167 of title 10, United States Code;

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

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

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

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

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

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

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

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

SEC. 401. End strengths for active forces.

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

(1) The Army, 520,000.

(2) The Navy, 323,600.

(3) The Marine Corps, 190,200.

(4) The Air Force, 327,600.

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

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

“(1) For the Army, 520,000.

“(2) For the Navy, 323,600.

“(3) For the Marine Corps, 190,200.

“(4) For the Air Force, 327,600.”.

SEC. 411. End strengths for Selected Reserve.

(a) In general.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2014, as follows:

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

(2) The Army Reserve, 205,000.

(3) The Navy Reserve, 59,100.

(4) The Marine Corps Reserve, 39,600.

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

(6) The Air Force Reserve, 70,400.

(7) The Coast Guard Reserve, 9,000.

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

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

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

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

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

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

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

(2) The Army Reserve, 16,261.

(3) The Navy Reserve, 10,159.

(4) The Marine Corps Reserve, 2,261.

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

(6) The Air Force Reserve, 2,911.

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

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

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

(2) For the Army Reserve, 8,395.

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

(4) For the Air Force Reserve, 10,429.

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

(a) Limitations.—

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

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

(B) For the Air National Guard of the United States, 350.

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

(3) AIR FORCE RESERVE.—The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2014, may not exceed 90.

(b) Non-dual status technicians defined.—In this section, the term “non-dual status technician” has the meaning given that term in section 10217(a) of title 10, United States Code.

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

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

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

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

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

(6) The Air Force Reserve, 14,000.

SEC. 421. Military personnel.

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

(b) Construction of authorization.—The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2014.

SEC. 501. Limitations on number of general and flag officers on active duty.

(a) Per-service limitations; limited joint duty exclusions.—Section 526 of title 10, United States Code, as amended by section 502 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1387) and section 501(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1714), is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking “231” and inserting “226”

(B) in paragraph (2), by striking “162” and inserting “157”; and

(C) in paragraph (3), by striking “198” and inserting “193”; and

(2) in subsection (b)—

(A) in paragraph (1), by striking “310” and inserting “300”; and

(B) in paragraph (2)—

(i) in subparagraph (A), by striking “85” and inserting “81”;

(ii) in subparagraph (B), by striking “61” and inserting “59”;

(iii) in subparagraph (C), by striking “73” and inserting “70”; and

(iv) in subparagraph (D), by striking “21” and inserting “20”.

(b) Effective date.—The amendments made by this section shall take effect on October 1, 2014.

SEC. 511. Minimum notification requirements for members of reserve components before deployment or cancellation of deployment related to a contingency operation.

Section 12301 of title 10, United States Code, is amended—

(1) in subsection (e), by striking “The period” and inserting “Subject to subsection (i), the period”; and

(2) by adding at the end the following new subsection:

“(i)(1) The Secretary concerned shall provide not less than 120 days advance notice to a unit of the reserve components that—

“(A) will be ordered to active duty for deployment in connection with a contingency operation; or

“(B) having been notified of such a deployment, has such deployment canceled, postponed, or otherwise altered.

“(2) If a member of the reserve components is not assigned to a unit organized to serve as a unit or is to be ordered to active duty apart from the member’s unit, the required notice under paragraph (1) shall be provided directly to the member.

“(3) If the Secretary concerned fails to provide timely notification as required by paragraph (1) or (2), the Secretary concerned shall submit, within 30 days after the date of the failure, written notification to the Committees on Armed Services of the House of Representatives and the Senate explaining the reason for the failure and the units and members of the reserve components affected.”.

SEC. 512. Information to be provided to boards considering officers for selective early removal from reserve active-status list.

(a) Officers to be considered; exclusions.—Section 14704(a) of title 10, United States Code, is amended—

(1) by inserting “(1)” before “Whenever” ;

(2) by striking “all officers on that list” and inserting “officers on the reserve active-status list”;

(3) by striking “the reserve active-status list, in the number specified by the Secretary by each grade and competitive category.” and inserting “that list.”; and

(4) by adding at the end the following new paragraphs:

“(2) Except as provided in paragraph (3), the list of officers in a reserve component whose names are submitted to a board under paragraph (1) shall include each officer on the reserve active-status list for that reserve component in the same grade and competitive category whose position on the reserve active-status list is between—

“(A) that of the most junior officer in that grade and competitive category whose name is submitted to the board; and

“(B) that of the most senior officer in that grade and competitive category whose name is submitted to the board.

“(3) A list submitted to a board under paragraph (1) may not include an officer who—

“(A) has been approved for voluntary retirement; or

“(B) is to be involuntarily retired under any provision of law during the fiscal year in which the board is convened or during the following fiscal year.”.

(b) Specification of number of officers who may be recommended for removal.—Such section is further amended—

(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(2) by inserting after subsection (a) the following new subsection:

“(b) Specification of number of officers who may be recommended for separation.—The Secretary of the military department concerned shall specify the number of officers described in subsection (a)(1) that a board may recommend for separation under subsection (c).”.

SEC. 513. Temporary authority to maintain active status and inactive status lists of members in the inactive National Guard.

(a) Authority to maintain active and inactive status lists in the inactive national guard.—

(1) ACTIVE AND INACTIVE STATUS LISTS AUTHORIZED.—The Secretary of the Army and the Secretary of the Air Force may maintain an active status list and an inactive status list of members in the inactive Army National Guard and the inactive Air National Guard, respectively.

(2) TOTAL NUMBER ON ALL LISTS AT ONE TIME.—The total number of members of the Army National Guard and members of the Air National Guard on the active status lists and the inactive status lists assigned to the inactive National Guard may not exceed a total of 10,000 at any time.

(3) TOTAL NUMBER ON ACTIVE STATUS LISTS AT ONE TIME.—The total number of members of the Army National Guard and members of the Air National Guard on the active status lists of the inactive National Guard may not exceed 4,000 at any time.

(4) CONDITION OF IMPLEMENTATION.—Before the authority provided by this subsection is used to establish an active status list and an inactive status list of members in the inactive Army National Guard or the inactive Air National Guard, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a copy of the implementation guidance to be used to execute this authority.

(b) Additional enlisted member transfer authority.—In addition to the transfer authority provided by section 303(b) of title 32, United States Code, while an inactive status list for the inactive National Guard exists—

(1) an enlisted member of the active Army National Guard may be transferred to the inactive Army National Guard without regard to whether the member was formerly enlisted in the inactive Army National Guard; and

(2) an enlisted member of the active Air National Guard may be transferred to the inactive Air National Guard without regard to whether the member was formerly enlisted in the inactive Air National Guard.

(c) Removal of restrictions on transfer of officers.—While an inactive status list for the inactive National Guard exists, nothing in chapter 3 of title 32, United States Code, shall be construed to prevent any of the following:

(1) An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard from being transferred from the active Army National Guard to the inactive Army National Guard.

(2) An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard from being transferred from the active Air National Guard to the inactive Air National Guard.

(3) An officer of the Army National Guard transferred to the inactive Army National Guard from being transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.

(4) An officer of the Air National Guard transferred to the inactive Air National Guard from being transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.

(d) Status and training categories for members in inactive status.—While an inactive status list for the inactive Army National Guard or inactive Air National Guard exists—

(1) the first sentence of subsection (b) of section 10141 of title 10, United States Code, shall apply only with respect to members of the reserve components assigned to the inactive Army National Guard or inactive Air National Guard who are assigned to such inactive status list; and

(2) the exclusion of the Army National Guard of the United States or Air National Guard of the United States under the first sentence of subsection (c) of such section shall not apply.

(e) Eligibility for inactive-duty training pay.—While an inactive status list for the inactive National Guard exists, the limitation on pay for inactive-duty training contained in section 206(c) of title 37, United States Code, shall apply only to persons assigned to the inactive status list of the inactive National Guard, rather than to all persons enlisted in the inactive National Guard.

(f) Conforming amendments.—

(1) MODIFICATION OF ACTIVE STATUS DEFINITION.—Section 101(d)(4) of title 10, United States Code, is amended by adding at the end the following new sentence: “However, while an inactive status list for the inactive Army National Guard or inactive Air National Guard exists, such term means the status of a member of the Army National Guard of the United States or Air National Guard of the United States who is not assigned to the inactive status list of the inactive Army National Guard or inactive Air National Guard, on another inactive status list, or in the Retired Reserve.”.

(2) COMPUTATION OF YEARS OF SERVICE FOR ENTITLEMENT TO RETIRED PAY.—Paragraph (3) of section 12732(b) of such title is amended to read as follows:

“(3) Service in the inactive National Guard (for any period other than a period in which an inactive status list for the inactive National Guard exists) and service while assigned to the inactive status list of the inactive National Guard (for any period in which an inactive status list for the inactive National Guard exists).”.

(g) Evaluation of use of authority.—

(1) INDEPENDENT STUDY REQUIRED.—Before the end of the period specified in subsection (h), the Secretary of Defense shall commission an independent study to evaluate the effectiveness of using an active status list for the inactive National Guard to improve the readiness of the Army National Guard and the Air National Guard.

(2) ELEMENTS.—As part of the study required by this subsection, the entity conducting the study shall determine, for each year in which the temporary authority provided by subsection (a) is used—

(A) how many members of the Army National Guard and the Air National Guard were transferred to the active status list of the inactive National Guard;

(B) how many of these vacancies were filled with personnel new to the Army National Guard;

(C) the additional cost of filling these positions; and

(D) the impact on drill and annual training participation rates.

(3) ADDITIONAL CONSIDERATION.—The study required by this subsection also shall include an assessment of the impact of the use of the temporary authority provided by subsection (a) on medical readiness category 3B personnel transferred to the active status inactive National Guard, including—

(A) how long it took them to complete the Integrated Disability Evaluation System (IDES) process; and

(B) how satisfied they were with their unit’s management and collaboration during the IDES process.

(4) SUBMISSION OF RESULTS.—Not later than 180 days after completion of the study required by this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the results of the study.

(h) Duration of authority.—The authority provided by subsection (a) for the maintenance of both an active status list and inactive status list of members in the inactive National Guard exists only during the period beginning on October 1, 2013, and ending on December 31, 2018.

SEC. 514. Review of requirements and authorizations for reserve component general and flag officers in an active status.

(a) Review required.—The Secretary of Defense shall conduct a review of the general officer and flag officer requirements for members of the reserve component in an active status.

(b) Purpose of review.—The purpose of the review is to ensure that the authorized strengths provided in section 12004 of title 10, United States Code, for reserve general officers and reserve flag officers in an active status—

(1) are based on an objective requirements process and are sufficient for the effective management, leadership, and administration of the reserve components;

(2) provide a qualified, sufficient pool from which reserve component general and flag officers can continue to be assigned on active duty in joint duty and in-service military positions;

(3) reflect a review of the appropriateness and number of exemptions provided by subsections (b), (c), and (d) of section 12004 of title 10, United States Code;

(4) reflect the efficiencies that can be achieved through downgrading or elimination of reserve component general or flag officer positions, including through the conversion of certain reserve component general or flag officer positions to senior civilian positions; and

(5) are subjected to periodic review, control, and adjustment.

(c) Report.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review, including such recommendations for changes in law and policy related to authorized reserve general and flag officers strengths as the Secretary considers to be appropriate.

SEC. 515. Feasability study on establishing a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.

(a) Study required.—The Secretary of Defense shall conduct a study to determine the feasibility of establishing—

(1) a unit of the National Guard in American Samoa; and

(2) a unit of the National Guard in the Commonwealth of the Northern Mariana Islands.

(b) Force structure elements of study.—In conducting the study required under subsection (a), the Secretary of Defense shall consider the following:

(1) The allocation of National Guard force structure and manpower to American Samoa and the Commonwealth of the Northern Mariana Islands in the event of the establishment of a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands, and the impact of this allocation on existing National Guard units in the 50 states, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and the District of Columbia.

(2) The Federal funding that would be required to support pay, benefits, training operations, and missions of members of a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, based on the allocation derived from paragraph (1), and the equipment, including maintenance, required to support such force structure.

(3) The presence of existing infrastructure to support a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, and the requirement for additional infrastructure, including information technology infrastructure, to support such force structure, based on the allocation derived from paragraph (1).

(4) How a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Island would accommodate the National Guard Bureau’s “Essential Ten” homeland defense capabilities (i.e., aviation, engineering, civil support teams, security, medical, transportation, maintenance, logistics, joint force headquarters, and communications) and reflect regional needs.

(5) The manpower cadre, both military personnel and full-time support, including National Guard technicians, required to establish, maintain, and sustain a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands, and the ability of American Samoa and of the Commonwealth of the Northern Mariana Islands to support demographically a unit of the National Guard at each location.

(6) The ability of a unit of the National Guard in American Samoa and the Commonwealth of the Northern Mariana Islands to maintain unit readiness and the logistical challenges associated with transportation, communications, supply/resupply, and training operations and missions.

(c) Submission of results.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under subsection (a). The report shall also include the following:

(1) A determination of whether the executive branch of American Samoa and of the Commonwealth of the Northern Mariana Islands has enacted and implemented statutory authorization for an organized militia as a prerequisite for establishing a unit of the National Guard, and a description of any other steps that such executive branches must take to request and carry out the establishment of a National Guard unit.

(2) A list of any amendments to titles 10, 32, and 37, United States Code, that would have to be enacted by Congress to provide for the establishment of a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.

(3) A description of any required Department of Defense actions to establish a unit of the National Guard in American Samoa and in the Commonwealth of the Northern Mariana Islands.

(4) A suggested timeline for completion of the steps and actions described in the preceding paragraphs.

SEC. 516. Designation of State student cadet corps as Department of Defense youth organizations.

Section 508(d) of title 32, United States Code, is amended—

(1) by redesignating paragraph (14) as paragraph (15); and

(2) by inserting after paragraph (13) the following new paragraph (14):

“(14) Any State student cadet corps authorized under State law.”.

SEC. 521. Review of Integrated Disability Evaluation System.

(a) Review.—The Secretary of Defense shall conduct a review of—

(1) the backlog of pending cases in the Integrated Disability Evaluation System with respect to members of the reserve components of the Armed Forces for the purpose of addressing the matters specified in paragraph (1) of subsection (b); and

(2) the improvements to the Integrated Disability Evaluation System specified in paragraph (2) of such subsection.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the review under subsection (a). Such report shall include the following:

(1) With respect to the reserve components of the Armed Forces—

(A) the number of pending cases that exist as of the date of the report, listed by military department, component, and, with respect to the National Guard, State;

(B) as of the date of the report, the average time it takes to process a case in the Integrated Disability Evaluation System;

(C) a description of the steps the Secretary will take to resolve the backlog of cases in the Integrated Disability Evaluation System; and

(D) the date by which the Secretary plans to resolve such backlog for each military department.

(2) With respect to the regular components and reserve components of the Armed Forces—

(A) a description of the progress being made to transition the Integrated Disability Evaluation System to an integrated and readily accessible electronic format that a member of the Armed Forces may access and see the status of the member during each phase of the system;

(B) an estimate of the cost to complete the transition to an integrated and readily accessible electronic format; and

(C) an assessment of the feasibility of improving in-transit visibility of pending cases, including by establishing a method of tracking a pending case when a military treatment facility is assigned a packet and pending case for action regarding a member.

(c) Pending case defined.—In this section, the term “pending case” means a case involving a member of the Armed Forces who, as of the date of the review under subsection (a), is within the Integrated Disability Evaluation System and has been referred to a medical evaluation board.

SEC. 522. Compliance requirements for organizational climate assessments.

(a) Verification and tracking requirements.—The Secretary of Defense shall direct the Secretaries of the military departments to verify and track the compliance of commanding officers in conducting organizational climate assessments required as part of the comprehensive policy for the Department of Defense sexual assault prevention and response program pursuant to section 572(a)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1753).

(b) Implementation.—No later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing—

(1) a description of the progress of the development of the system that will verify and track the compliance of commanding officers in conducting organizational climate assessments; and

(2) an estimate of when the system will be completed and implemented.

SEC. 523. Command responsibility and accountability for remains of members of the Army, Navy, Air Force, and Marine Corps who die outside the United States.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall take such steps as may be necessary to ensure that there is continuous, designated military command responsibility and accountability for the care, handling, and transportation of the remains of each deceased member of the Army, Navy, Air Force, or Marine Corps who died outside the United States, beginning with the initial recovery of the remains, through the defense mortuary system, until the interment of the remains or the remains are otherwise accepted by the person designated as provided by section 1482(c) of title 10, United States Code, to direct disposition of the remains.

SEC. 524. Contents of Transition Assistance Program.

(a) In general.—Section 1144 of title 10, United States Code, is amended—

(1) in subsection (b), by adding at the end the following new paragraph:

“(9) Provide information about disability-related employment and education protections.”.

(2) by redesignating subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively; and

(3) by inserting after subsection (b) the following new subsection (c):

“(c) Additional elements of program.—The mandatory program carried out by this section shall include—

“(1) for any such member who plans to use the member’s entitlement to educational assistance under title 38—

“(A) instruction providing an overview of the use of such entitlement; and

“(B) courses of post-secondary education appropriate for the member, courses of post-secondary education compatible with the member’s education goals, and instruction on how to finance the member’s post-secondary education; and

“(2) instruction in the benefits under laws administered by the Secretary of Veterans Affairs and in other subjects determined by the Secretary concerned.”.

(b) Deadline for implementation.—The program carried out under section 1144 of title 10, United States Code, shall comply with the requirements of subsections (b)(9) and (c) of such section, as added by subsection (a), by not later than April 1, 2015.

(c) Feasibility study.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate and the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives the results of a study carried out by the Secretary to determine the feasibility of providing the instruction described in subsection (b) of section 1142 of title 10, United States Code, at all overseas locations where such instruction is provided by entering into a contract jointly with the Secretary of Labor for the provision of such instruction.

SEC. 525. Procedures for judicial review of military personnel decisions relating to correction of military records.

(a) Availability of Judicial review; limitations.—

(1) IN GENERAL.—Chapter 79 of title 10, United States Code, is amended by adding at the end the following new section:

§ 1560. Judicial review of decisions relating to correction of military records

“(a) Availability of judicial review.—

“(1) IN GENERAL.—Pursuant to sections 1346 and 1491 of title 28 and chapter 7 of title 5 any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter.

“(2) RECORDS CORRECTION FINAL DECISION DEFINED.—In this section, the term ‘records correction final decision’ means any of the following decisions:

“(A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title.

“(B) A final decision issued by the Secretary concerned pursuant to section 1034(f) of this title.

“(C) A final decision issued by the Secretary of Defense pursuant to section 1034(g) of this title.

“(b) Exhaustion of administrative remedies.—

“(1) GENERAL RULE.—Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless—

“(A) the petitioner has requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title); and

“(B) the Secretary concerned has rendered a final decision denying that correction in whole or in part.

“(2) WHISTLEBLOWER CASES.—When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner does seek such review, judicial review may not be sought until the earlier of the following occurs:

“(A) The Secretary of Defense makes a decision in the matter.

“(B) The period specified in section 1034(g) of this title for the Secretary to make a decision in the matter expires.

“(3) CLASS ACTIONS.—If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified.

“(4) TIMELINESS.—Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction.

“(c) Statutes of limitation.—

“(1) SIX YEARS FROM FINAL DECISION.—A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision.

“(2) SIX YEARS FOR CERTAIN CLAIMS THAT MAY RESULT IN PAYMENT OF MONEY.—(A) In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such six-year period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision.

“(B) Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money, other than payments made under chapter 73 of this title, either under a court order or under a subsequent administrative determination.

“(d) Habeas corpus.—This section does not affect any cause of action arising under chapter 153 of title 28.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“1560. Judicial review of decisions.”.

(b) Effect of denial of request for correction of records when prohibited personnel action alleged.—

(1) NOTICE OF DENIAL; PROCEDURES FOR JUDICIAL REVIEW.—Subsection (f) of section 1034 of such title is amended by adding at the end the following new paragraph:

“(7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member—

“(A) a concise written statement of the basis for the decision; and

“(B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.”.

(2) SECRETARY OF DEFENSE REVIEW; NOTICE OF DENIAL.—Subsection (g) of such section is amended—

(A) by inserting “(1)” before “Upon the completion of all”; and

(B) by adding at the end the following new paragraph:

“(2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member—

“(A) a concise written statement of the basis for the decision; and

“(B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.”.

(3) SOLE BASIS FOR JUDICIAL REVIEW.—Such section is further amended—

(A) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and

(B) by inserting after subsection (g) the following new subsection (h):

“(h) Judicial review.—(1) A decision of the Secretary of Defense under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.

“(2) In a case in which review by the Secretary of Defense under subsection (g) was not sought, a decision of the Secretary of a military department under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.

“(3) A decision by the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.”.

(c) Effect of denial of other requests for correction of military records.—Section 1552 of such title is amended by adding at the end the following new subsections:

“(h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant—

“(1) a concise written statement of the basis for the decision; and

“(2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.

“(i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.”.

(d) Effective date and application.—

(1) IN GENERAL.—The amendments made by this section shall take effect on January 1, 2015, and shall apply to all final decisions of the Secretary of Defense under section 1034(g) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(f) or 1552 of such title rendered on or after such date.

(2) TREATMENT OF EXISTING CASES.—This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in paragraph (1).

(e) Implementation.—The Secretary of a military department and the Secretary of Homeland Security (in the case of the Coast Guard when it is not operating as a service in the Department of the Navy) may prescribe regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. Regulations or interim guidance prescribed by the Secretary of a military department may not take effect until approved by the Secretary of Defense.

SEC. 526. Establishment and use of consistent definition of gender-neutral occupational standard for military career designators.

(a) Establishment of definitions.—Section 543 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 113 note) is amended by adding at the end the following new subsection:

“(d) Definitions.—In this section:

“(1) GENDER-NEUTRAL OCCUPATIONAL STANDARD.—The term ‘gender-neutral occupational standard’, with respect to a military career designator, means that all members of the Armed Forces serving in or assigned to the military career designator must meet the same physical and performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed while serving in or assigned to the military career designator.

“(2) MILITARY CAREER DESIGNATOR.—The term ‘military career designator’ refers to—

“(A) in the case of enlisted members and warrant officers of the Armed Forces, military occupational specialties, specialty codes, enlisted designators, enlisted classification codes, additional skill identifiers, and special qualification identifiers; and

“(B) in the case of commissioned officers (other than commissioned warrant officers), officer areas of concentration, occupational specialties, specialty codes, additional skill identifiers, and special qualification identifiers.”.

(b) Use of definitions.—Such section is further amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking “military occupational career field” and inserting “military career designator”; and

(B) in paragraph (1), by striking “common, relevant performance standards” and inserting “an occupational standard”;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) by striking “any military occupational specialty” and inserting “any military career designator”; and

(ii) by striking “requirements for members in that specialty and shall ensure (in the case of an occupational specialty” and inserting “requirements as part of the gender-neutral occupational standard for members in that career designator and shall ensure (in the case of a career designator”; and

(B) in paragraph (2)—

(i) by striking “an occupational specialty” and inserting “a military career designator”;

(ii) by striking “that occupational specialty” and inserting “that military career designator”; and

(iii) by striking “that specialty” and inserting “that military career designator”; and

(3) in subsection (c)—

(A) by striking “the occupational standards for a military occupational field” and inserting “the gender-neutral occupational standard for a military career designator”; and

(B) by striking “that occupational field” and inserting “that military career designator”.

SEC. 527. Expansion and enhancement of authorities relating to protected communications of members of the Armed Forces and prohibited retaliatory actions.

(a) Expansion of prohibited retaliatory personnel actions.—Subsection (b) of section 1034 of title 10, United States Code, is amended—

(1) in paragraph (1)(B)—

(A) by striking “or” at the end of clause (iv);

(B) by redesignating clause (v) as clause (vi); and

(C) by inserting after clause (iv) the following new clause (v):

“(v) a court-martial proceeding; or”; and

(2) in paragraph (2), by inserting after “any favorable action” the following: “, or a significant change in a member's duties, responsibilities, or working conditions”.

(b) Inspector General investigations of allegations.—Subsection (c) of such section is amended—

(1) in paragraph (1), by striking “paragraph (3)” and inserting “paragraph (4)”;

(2) in paragraph (2), by striking subparagraph (A) and inserting the following new subparagraph (A):

“(A) Any violation of any law, rule, or regulation, including a law or regulation prohibiting rape, sexual assault, or other sexual misconduct in sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment or unlawful discrimination.”;

(3) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively;

(4) by inserting after paragraph (2) the following new paragraph (3):

“(3) A communication described in paragraph (2) shall not be excluded from the protections provided in this section because—

“(A) the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2);

“(B) the communication revealed information that had previously been communicated;

“(C) of the member’s motive for making the communication;

“(D) the communication was not made in writing;

“(E) the communication was made while the member was off duty;

“(F) the communication was made during the normal course of duties of the member.”;

(5) in subparagraph (D) of paragraph (4), as redesignated by paragraph (3) of this subsection, by inserting before the period at the end of the second sentence the following: “, with the consent of the member”;

(6) in paragraph (5), as so redesignated—

(A) by striking “paragraph (3)(A)” and inserting “paragraph (4)(A)”;

(B) by striking “paragraph (3)(D)” and inserting “paragraph (4)(D)”; and

(C) by striking “60 days” and inserting “one year”.

(c) Inspector General investigations of underlying allegations.—Subsection (d) of such section is amended by striking “subparagraph (A) or (B) of subsection (c)(2)” and inserting “subparagraph (A), (B), or (C) of subsection (c)(2)”.

(d) Reports on investigations.—Subsection (e) of such section is amended—

(1) in paragraph (1)—

(A) by striking “subsection (c)(3)(E)” both places it appears and inserting “subsection (c)(4)(E)”;

(B) by striking “the Secretary of Defense” and inserting “the Secretary of the military department concerned”;

(C) by striking “to the Secretary,” and inserting “to such Secretary,”;

(2) in paragraph (3), by striking “the Secretary of Defense” and inserting “the Secretary of the military department concerned”;

(3) in paragraph (4), by striking the second sentence and inserting the following new sentence: “The report shall include an explicit determination as to whether a personnel action prohibited by subsection (b) has occurred and a recommendation as to the disposition of the complaint, including appropriate corrective action for the member.”.

(e) Action in case of violations.—Section 1034 of title 10, United States Code, is further amended—

(1) by redesignating subsections (i) and (j), as redesignated by section 525(b) of this Act, as subsections (k) and (l), respectively; and

(2) by inserting after subsection (h), as added by section 525(b), the following new subsection:

“(i) Action in case of violations.—(1) If an Inspector General reports under subsection (e) that a personnel action prohibited by subsection (b) has occurred, not later than 30 days after receiving such report from the Inspector General, the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, shall order such action as is necessary to correct the record of a personnel action prohibited by subsection (b), taking into account the recommendations in the report by the Inspector General. Such Secretary shall take any appropriate disciplinary action against the individual who committed such prohibited personnel action.

“(2) If the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, determines that an order for corrective or disciplinary action is not appropriate, not later than 30 days after making the determination, such Secretary shall—

“(A) provide to the Secretary of Defense, the Committees on Armed Services of the Senate and the House of Representatives, and the member or former member, a notice of the determination and the reasons for not taking action; and

“(B) refer the report to the appropriate board for the correction of military records for further review under subsection (g).”.

(f) Correction of records.—Subsection (f) of such section is amended—

(1) in paragraph (2)(C), by striking “may” and inserting “upon the request of the member or former member, after an initial determination that a complaint is not frivolous and has not previously been addressed by the board, shall”; and

(2) in paragraph (3)—

(A) in the matter preceding subparagraph (A), by striking “board elects to hold” and inserting “board holds”; and

(B) in subparagraph (A)—

(i) by striking “may be provided” and inserting “shall be provided”; and

(ii) in clause (ii), by striking “the case is unusually complex or otherwise requires” and inserting “the member or former member would benefit from”.

(g) Burdens of proof.—Such section is further amended by inserting after subsection (i), as added by subsection (e) of this section, the following new subsection:

“(j) Burdens of proof.—The burdens of proof specified in section 1221(e) of title 5 shall apply in any investigation conducted by an Inspector General, and any review conducted by the Secretary of Defense, the Secretary of Homeland Security, and any board for the correction of military records, under this section.”.

(h) Effective date.—The amendments made by this section shall take effect on the date that is 30 days after the date of the enactment of this Act, and shall apply with respect to allegations pending or submitted under section 1034 of title 10, United States Code, on or after that date.

SEC. 528. Applicability of medical examination requirement regarding post-traumatic stress disorder or traumatic brain injury to proceedings under the Uniform Code of Military Justice.

Section 1177 of title 10, United States Code, is amended by striking subsection (c).

SEC. 529. Protection of the religious freedom of military chaplains to close a prayer outside of a religious service according to the traditions, expressions, and religious exercises of the endorsing faith group.

(a) United states army.—Section 3547 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”.

(b) United states military academy.—Section 4337 of such title is amended—

(1) by inserting “(a)” before “There”; and

(2) by adding at the end the following new subsection:

“(b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”.

(c) United states navy and marine corps.—Section 6031 of such title is amended by adding at the end the following new subsection:

“(d) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”.

(d) United states air force.—Section 8547 of such title is amended by adding at the end the following new subsection:

“(c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”.

(e) United states air force academy.—Section 9337 of such title is amended—

(1) by inserting “(a)” before “There”; and

(2) by adding at the end the following new subsection:

“(b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”.

SEC. 530. Expansion and implementation of protection of rights of conscience of members of the Armed Forces and chaplains of such members.

(a) Accommodation of members’ beliefs, actions, and speech.—Subsection (a)(1) of section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1727; 10 U.S.C. prec. 1030 note) is amended—

(1) by striking “The Armed Forces shall accommodate the beliefs” and inserting “Except in cases of military necessity, the Armed Forces shall accommodate the beliefs, actions, and speech”; and

(2) by inserting “, actions, or speech” after “such beliefs”.

(b) Narrow exception.—Subsection (a)(2) of such section is amended by striking “that threaten” and inserting “that actually harm”.

(c) Deadline for regulations; consultation.—The implementation regulations required by subsection (c) of such section shall be issued not later than 120 days after the date of the enactment of this Act. In preparing such regulations, the Secretary of Defense shall consult with the official military faith-group representatives who endorse military chaplains.

SEC. 530A. Servicemembers’ Accountability, Rights, and Responsibilities Training.

(a) Responsibilities of Secretary of Defense.—

(1) IN GENERAL.—The Secretary of Defense, acting through the Secretaries of the military departments, shall ensure that all members of the Armed Forces understand and comply with the rights and responsibilities specified in subsections (b) and (c).

(2) IMPLEMENTATION.—The Secretary of Defense shall have discretion regarding the manner in which this information will be disseminated to members, except that, at a minimum, the Secretary shall require acknowledgment of these rights and responsibilities by a member at these occurrences during the military service of the member:

(A) Recruitment.

(B) Enlistment and reenlistment.

(C) Commissioning.

(D) Promotion in rank.

(E) Selection for command.

(b) Member rights.—Each member of the Armed Forces has the following rights:

(1) To a workplace and battlespace free from the threat of sexual violence, including harassment, abuse, assault, and rape.

(2) To have every instance of illegal activity appropriately investigated. Law enforcement agencies will investigate every allegation of criminal behavior, and commanders will respond appropriately to every report of wrongdoing.

(3) To make a restricted or unrestricted report of a sex-based criminal act. Victims will have access to vital services whether they pursue an investigation or not.

(4) To use any and all reporting and prosecution avenues to pursue an allegation of sexual assault.

(5) To not face retaliation for reporting a criminal offense or harmful behavior.

(c) Member responsibilities.—Each member of the Armed Forces has the following responsibilities:

(1) To responsibly intervene in any situation that involves the presence or threat of criminal behavior.

(2) To never leave another member behind in a situation of risk to self or others, on the battlefield or anywhere else.

(3) To immediately report observation or knowledge of criminal behavior to appropriate officials.

SEC. 530B. Inspector General of the Department of Defense review of separation of members of the Armed Forces who made unrestricted reports of sexual assault.

(a) Review required.—The Inspector General of the Department of Defense shall conduct a review—

(1) to identify all members of the Armed Forces who, since January 1, 2002, were separated from the Armed Forces after making an unrestricted report of sexual assault;

(2) to determine the circumstances of and grounds for each such separation, including—

(A) whether the separation was in retaliation for or influenced by the identified member making an unrestricted report of sexual assault; and

(B) whether the identified member requested an appeal; and

(3) if an identified member was separated on the grounds of having a personality or adjustment disorder, to determine whether the separation was carried out in compliance with Department of Defense Instruction 1332.14 and any other applicable Department of Defense regulations, directives, and policies.

(b) Submission of results and recommendations.—Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives the results of the review conducted under subsection (a), including such recommendations as the Inspector General of the Department of Defense considers necessary.

SEC. 530C. Report on data and information collected in connection with Department of Defense review of laws, policies, and regulations restricting service of female members of the Armed Forces.

(a) Report required.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the specific results and data produced during the research programs, tests, surveys, consultant reports, assessments, and similar projects conducted to comply with the requirement of section 535 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4217) to review laws, policies, and regulations that may restrict the service of female members of the Armed Forces.

(b) Public availability.—Subject to subsection (c), the Secretary of Defense shall make the report required by subsection (a) publically available.

(c) Rule of construction.—Nothing in this section shall be construed as a request or authority for the Secretary of Defense to provide in the report required by subsection (a) any personal information that would identify, or violate the privacy of, members of the Armed Forces, including members who participated in the research programs, tests, surveys, reports, assessments, and similar projects conducted regarding the possible future assignments of female members of the Armed Forces.

SEC. 530D. Sense of Congress regarding the Women in Service Implementation Plan.

(a) Findings.—Congress makes the following findings:

(1) In February 2012, the Secretary of Defense notified Congress of the intent of the Secretary to rescind the co-location restriction and to implement policy exceptions to allow female members of the Armed Forces to be assigned to specified positions in ground combat units at the battalion level.

(2) On January 24, 2013, the Secretary of Defense and the Joint Chiefs of Staff issued guidance to rescind the direct combat exclusion rule for female members of the Armed Forces and eliminate all unnecessary gender-based barriers to service in the Armed Forces.

(3) The Secretaries of the military departments were required to develop and submit their plans for implementation of the rescission of the direct combat exclusion rule by May 15, 2013.

(4) As of 2013, there are approximately 202,000 female members of the Armed Forces, approximately 20,000 female members have served in Iraq and Afghanistan, and more than 60 female members have been killed in combat.

(b) Sense of congress.—It is the sense of Congress that the Secretaries of the military departments—

(1) no later than September 2015, should develop, review, and validate individual occupational standards, using validated gender-neutral occupational standards, so as to assess and assign members of the Armed Forces to units, including Special Operations Forces; and

(2) no later than January 1, 2016, should complete all assessments.

SEC. 530E. Meetings with respect to religious liberty.

(a) Notice.—

(1) IN GENERAL.—The Department of Defense shall provide to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate advance written notice of any meeting to be held between Department employees and civilians for the purpose of writing, revising, issuing, implementing, enforcing, or seeking advice, input, or counsel regarding military policy related to religious liberty.

(2) CONTENTS OF NOTICE.—Notice provided under paragraph (1) shall include information on the time, date, location, and anticipated attendees of the meeting and information on who initiated the meeting.

(3) VERBAL NOTICE.—If a meeting to which this subsection applies is scheduled less than 24 hours in advance of the meeting, the notice requirement under paragraph (1) may be satisfied by a phone call if Committee staff provide verbal confirmation of receipt of the notice.

(b) Reports.—Not later than 72 hours after the conclusion of a meeting to which subsection (a) applies, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the meeting, which shall include information on the time, date, location, duration, and attendees of the meeting and information on who initiated the meeting.

SEC. 530F. Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act.

Section 207(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C. App. 527(b)(1)) is amended by inserting after “calling the servicemember to military service” the following: “, or other appropriate indicator of military service, including a certified letter from a commanding officer or information from the Defense Manpower Database Center,”.

SEC. 530G. Policy on military recruitment and enlistment of graduates of secondary schools.

(a) Conditions on use of test, assessment, or screening tools.—In the case of any test, assessment, or screening tool utilized under the policy on recruitment and enlistment required by subsection (b) of section 532 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1403; 10 U.S.C. 503 note) for the purpose of identifying persons for recruitment and enlistment in the Armed Forces, the Secretary of Defense shall—

(1) implement a means for ensuring that graduates of a secondary school (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)), including all persons described in subsection (a)(2) of section 532 of the National Defense Authorization Act for Fiscal Year 2012, are required to meet the same standard on the test, assessment, or screening tool; and

(2) use uniform testing requirements and grading standards.

(b) Rule of construction.—Nothing in section 532(b) of the National Defense Authorization Act for Fiscal Year 2012 or this section shall be construed to permit the Secretary of Defense or the Secretary of a military department to create or use a different grading standard on any test, assessment, or screening tool utilized for the purpose of identifying graduates of a secondary school (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)), including all persons described in subsection (a)(2) of section 532 of the National Defense Authorization Act for Fiscal Year 2012, for recruitment and enlistment in the Armed Forces.

SEC. 530H. Comptroller General report on use of determination of personality disorder or adjustment disorder as basis to separate members from the Armed Forces.

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report evaluating—

(1) the use by the Secretaries of the military departments, since January 1, 2007, of the authority to separate members of the Armed Forces from the Armed Forces due of unfitness for duty because of a mental condition not amounting to disability, including separation on the basis of a personality disorder or adjustment disorder and the total number of members separated on such basis;

(2) the extent to which the Secretaries failed to comply with regulatory requirements in separating members of the Armed Forces on the basis of a personality or adjustment disorder; and

(3) the impact of such a separation on the ability of veterans so separated to access service-connected disability compensation, disability severance pay, and disability retirement pay.

SEC. 531. Limitations on convening authority discretion regarding court-martial findings and sentence.

(a) Elimination of unlimited command prerogative and discretion.—Paragraph (1) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended by striking the first sentence.

(b) Limitations on discretion regarding court-martial findings.—Paragraph (3) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended to read as follows:

“(3)(A) Action on the findings of a court-martial by the convening authority or by another person authorized to act under this section is not required.

“(B) If the convening authority or another person authorized to act under this section acts on the findings of a court-martial, the convening authority or other person may not—

“(i) dismiss any charge or specification, other than a charge or specification for a qualifying offense, by setting aside a finding of guilty thereto; or

“(ii) change a finding of guilty to a charge or specification, other than a charge or specification for a qualifying offense, to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

“(C) If the convening authority or another person authorized to act under this section acts on the findings to dismiss or change any charge or specification for a qualifying offense, the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of the trial and action thereon.

“(D)(i) In this paragraph, the term ‘qualifying offense’ means, except in the case of an offense specified in clause (ii), an offense under this chapter for which—

“(I) the maximum sentence of confinement that may be adjudged does not exceed two years; and

“(II) the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months.

“(ii) Such term does not include the following:

“(I) An offense under section 920 of this title (article 120).

“(II) An offense under section 928 of this title (article 128), if such offense consisted of assault consummated by battery upon child under 16 years of age.

“(III) An offense under section 934 of this title (article 134), if such offense consisted of indecent language communicated to child under the age of 16 years.

“(IV) Such other offenses as the Secretary of Defense may exclude by regulation.”.

(c) Limitations on discretion to modify an adjudged sentence.—Section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended—

(1) in paragraph (2), by striking “The convening authority” and inserting the following:

“(B) Except as provided in paragraph (4), the convening authority”; and

(2) by adding at the end the following new paragraph:

“(4)(A) Except as provided in subparagraphs (B) and (C), the convening authority or another person authorized to act under this section may not modify an adjudged sentence of confinement or a punitive discharge or disapprove, commute, or suspend an adjudged sentence of confinement or a punitive discharge in whole or in part.

“(B)(i) Upon the recommendation of the trial counsel, the convening authority or another person authorized to act under this section shall have the authority to impose a sentence below a level established by statute as a minimum sentence, to impose a sentence of confinement below the adjudged confinement sentence, or to disapprove, commute, or suspend the adjudged sentence in whole or in part in recognition of the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense.

“(ii) If a mandatory minimum sentence exists for a charge, the convening authority or another person authorized to act under this section may not modify an adjudged sentence to reduce the sentence to less than the mandatory minimum sentence or disapprove, commute, or suspend the adjudged mandatory minimum sentence in whole or in part. This limitation does not restrict the discretion of the convening authority or another person authorized to act under this section to modify, disapprove, commute, or suspend any portion of the adjudged sentence that is in addition to the mandatory minimum sentence.

“(C) In addition, if a mandatory minimum sentence does not exist for a charge and a pre-trial agreement has been entered into by the convening authority and the accused, as authorized by Rule for Court-Martial 705, the convening authority or another person authorized to act under this section may take action to reduce, dismiss, or suspend an adjudged sentence of confinement in whole or in part pursuant to the terms of the pre-trial agreement.”.

(d) Explanation for any decision disapproving, commuting, or suspending court-martial sentence.—Section 860(c)(2) of title 10, United States Code (article 60(c)(2) of the Uniform Code of Military Justice), as amended by subsection (c)(1), is further amended—

(1) by inserting “(A)” after “(2)”; and

(2) by adding at the end the following new subparagraph:

“(C) If the convening authority or another person authorized to act under this section acts to disapprove, commute, or suspend the sentence in whole or in part, the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of the trial and action thereon.”.

(e) Conforming amendment to other authority for convening authority to suspend sentence.—Section 871(d) of such title (article 71(d) of the Uniform Code of Military Justice) is amended by adding at the end the following new sentence: “Paragraphs (2) and (4) of subsection (c) of section 860 of this title (article 60) shall apply to any decision by the convening authority or such person to suspend the execution of any sentence or part thereof under this subsection.”.

(f) Effective date.—The amendments made by this section shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to findings and sentences of courts-martial reported to convening authorities under section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by this section, on or after that effective date.

SEC. 532. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes.

(a) Inclusion of additional offenses.—Section 843(a) of title 10, United States Code (article 43(a) of the Uniform Code of Military Justice) is amended by striking “rape, or rape of a child” and inserting “rape or sexual assault, or rape or sexual assault of a child”.

(b) Conforming amendment.—Section 843(b)(2)(B)(i) of title 10, United States Code (article 43(b)(2)(B)(i) of the Uniform Code of Military Justice) is amended by inserting before the period at the end the following: “, unless the offense is covered by subsection (a)”.

(c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to an offense covered by section 920(b) or 920b(b) of title 10, United States Code (article 120(b) or 120b(b) of the Uniform Code of Military Justice) that is committed on or after that date.

SEC. 533. Discharge or dismissal for certain sex-related offenses and trial of offenses by general courts-martial.

(a) Mandatory discharge or dismissal required.—

(1) IMPOSITION.—Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice) is amended—

(A) by inserting “(a)” before “The punishment”; and

(B) by adding at the end the following new subsection:

“(b)(1) While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge.

“(2) Paragraph (1) applies to the following offenses:

“(A) An offense in violation of subsection (a) or (b) of section 920 (article 120(a) or (b)).

“(B) Forcible sodomy under section 925 of this title (article 125).

“(C) An attempt to commit an offense specified in subparagraph (A) or (B) that is punishable under section 880 of this title (article 80).”.

(2) CLERICAL AMENDMENTS.—

(A) SECTION HEADING.—The heading of such section is amended to read as follows:

§ 856. Art. 56. Maximum and minimum limits”.

(B) TABLE OF SECTIONS.—The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by striking the item relating to section 856 and inserting the following new item:


“856. Art 56. Maximum and minimum limits.”.

(b) Jurisdiction limited to general courts-martial.—Section 818 of title 10, United States Code (article 18 of the Uniform Code of Military Justice) is amended—

(1) by inserting “(a)” before the first sentence;

(2) in the third sentence, by striking “However, a general court-martial” and inserting the following:

“(b) A general court-martial”; and

(3) by adding at the end the following new subsection:

“(c) Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).”.

(c) Additional duties for independent panels.—

(1) RESPONSE SYSTEMS PANEL.—The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall assess the appropriateness of statutorily mandated minimum sentencing provisions for additional offenses under the Uniform Code of Military Justice. The panel shall include the results of the assessment in the report required by subsection (c)(1) of such section.

(2) JUDICIAL PROCEEDINGS PANEL.—The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall assess the implementation and effect of the mandatory minimum sentences established by section 856(b) of title 10, United States Code (article 56(b) of the Uniform Code of Military Justice), as added by subsection (a) of this section. The panel shall include the results of the assessment in one of the reports required by subsection (c)(2)(B) of such section 576.

(d) Effective date.—The amendments made by this section shall take effect 180 days after the date of the enactment of this Act, and apply to offenses specified in section 856(b)(2) of title 10, United States Code (article 56(b)(2) of the Uniform Code of Military Justice), as added by subsection (a)(1), committed after that date.

SEC. 534. Regulations regarding consideration of application for permanent change of station or unit transfer by victims of sexual assault.

Section 673(b) of title 10, United States Code, is amended by striking “The Secretaries of the military departments” and inserting “The Secretary concerned”.

SEC. 535. Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense.

(a) In general.—Chapter 39 of title 10, United States Code, is amended by inserting after section 673 the following new section:

§ 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense

“(a) Guidance for timely consideration and action.—The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed a sexual assault or other sex-related offense covered by section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit.

“(b) Time for determinations.—A determination described in subsection (a) may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 673 the following new item:


“674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense.”.

(c) Additional training requirement for commanders.—The Secretary of Defense shall provide for inclusion of information and discussion regarding the availability and use of the authority provided by section 674 of title 10, United States Code, as added by subsection (a), as part of the training for new and prospective commanders at all levels of command required by section 585(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note).

SEC. 536. Victims’ Counsel for victims of sex-related offenses and related provisions.

(a) Designation and duties.—

(1) IN GENERAL.—Chapter 53 of title 10, United States Code, is amended by inserting after section 1044d the following new section:

§ 1044e. Victims' Counsel for victims of sex-related offenses

“(a) Designation; purposes.—The Secretary concerned shall designate legal counsel (to be known as ‘Victims’ Counsel’) for the purpose of providing legal assistance to an individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.

“(b) Types of legal assistance authorized.—The types of legal assistance authorized by subsection (a) include the following:

“(1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services.

“(2) Legal consultation regarding the Victim Witness Assistance Program, including—

“(A) the rights and benefits afforded the victim;

“(B) the role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison; and

“(C) the nature of communication made to the liaison in comparison to communication made to a Victims’ Counsel or a legal assistance attorney under section 1044 of this title.

“(3) Legal consultation regarding the responsibilities and support provided to the victim by the Sexual Assault Response Coordinator, a unit or installation Sexual Assault Victim Advocate or domestic abuse advocate, to include any privileges that may exist regarding communications between those persons and the victim.

“(4) Legal consultation regarding the potential for civil litigation against other parties (other than the Department of Defense).

“(5) Legal consultation regarding the military justice system, including—

“(A) the roles and responsibilities of the trial counsel, the defense counsel, and investigators;

“(B) any proceedings of the military justice process in which the victim may observe or participate as a witness or other party;

“(C) the Government’s authority to compel cooperation and testimony; and

“(D) the victim’s responsibility to testify, and other duties to the court.

“(6) Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense.

“(7) Legal consultation regarding—

“(A) services available from appropriate agencies or offices for emotional and mental health counseling and other medical services;

“(B) eligibility for and requirements for obtaining any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of this title and other State and Federal victims’ compensation programs; and

“(C) the availability of, and any protections offered by, civilian and military restraining orders.

“(8) Legal consultation and assistance in personal civil legal matters in accordance with section 1044 of this title.

“(9) Such other legal assistance as the Secretary of Defense (or, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) may authorize in the regulations prescribed under subsection (g).

“(c) Qualifications.—An individual may not be designated as a Victims’ Counsel under this section unless the individual—

“(1) meets the qualifications specified in section 1044(d)(2) of this title; and

“(2) is certified as competent to be designated as a Victims’ Counsel by the Judge Advocate General of the Armed Force in which the judge advocate is a member or by which the civilian attorney is employed.

“(d) Administrative responsibility.—(1) Consistent with the regulations prescribed under subsection (g), the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Victims’ Counsel.

“(2) The Secretary of Defense (and, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) shall conduct a periodic evaluation of the Victims’ Counsel programs operated under this section.

“(e) Availability of victims’ counsel.—(1) An individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense shall be offered the option of receiving assistance from a Victims’ Counsel upon report of an alleged sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.

“(2) The assistance of a Victims’ Counsel under this subsection shall be available to an individual eligible for military legal assistance under section 1044 of this title regardless of whether the individual elects unrestricted or restricted reporting of the alleged sex-related offense. The individual shall also be informed that the assistance of a Victims’ Counsel may be declined, in whole or in part, but that declining such assistance does not preclude the individual from subsequently requesting the assistance of a Victims’ Counsel.

“(f) Alleged sex-related offense defined.—In this section, the term ‘alleged sex-related offense’ means any allegation of—

“(1) a violation of section 920, 920a, 920b, 920c, or 925 of ths title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or

“(2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

“(g) Regulations.—The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1044d the following new item:


“1044e. Victims' Counsel for victims of sex-related offenses.”.

(3) CONFORMING AMENDMENTS.—

(A) QUALIFICATIONS OF PERSONS PROVIDING LEGAL ASSISTANCE.—Section 1044(d)(2) of such title is amended by inserting before the period at the end the following: “and, for purposes of service as a Victims’ Counsel under section 1044e of this title, meets the additional qualifications specified in subsection (c)(2) of such section.”.

(B) INCLUSION IN DEFINITION OF MILITARY LEGAL ASSISTANCE.—Section 1044(d)(3)(B) of such title is amended by striking “and 1044d” and inserting “1044d, 1044e, and 1565b(a)(1)(A)”.

(C) ACCESS TO LEGAL ASSISTANCE AND SERVICES.—Section 1565b(a)(1)(A) of such title is amended by striking “section 1044” and inserting “sections 1044 and 1044e”.

(4) IMPLEMENTATION.—Section 1044e of title 10, United States Code, as added by paragraph (1), shall be implemented within six months after the date of the enactment of this Act.

(b) Enhanced Training Requirement.—The Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall implement, consistent with the guidelines provided under section 1044e of title 10, United States Code, as added by subsection (a), in-depth and advanced training for all military and civilian attorneys providing legal assistance under section 1044 or 1044e of such to support victims of alleged sex-related offenses.

(c) Secretary of Defense implementation report.—

(1) REPORT REQUIRED.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services and Transportation and Infrastructure of the House of Representatives a report describing how the Armed Forces will implement the requirements of section 1044e of title 10, United States Code, as added by subsection (a).

(2) ADDITIONAL SUBMISSION REQUIREMENT.—The report required by paragraph (1) shall also be submitted to the independent review panel established by the Secretary of Defense under section 576(a)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) and to the Joint Services Committee on Military Justice.

(c) Additional duties for independent panels.—

(1) RESPONSE SYSTEMS PANEL.—The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall conduct an assessment regarding whether the roles, responsibilities, and authorities of Victims’ Counsel to provide legal assistance under section 1044e of title 10, United States Code, as added by subsection (a), to victims of alleged sex-related offenses should be expanded to include legal standing to represent the victim during investigative and military justice proceedings in connection with the prosecution of the offense. The panel shall include the results of the assessment in the report required by subsection (c)(1) of such section.

(2) JUDICIAL PROCEEDINGS PANEL.—The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall conduct an assessment of the implementation and effect of section 1044e of title 10, United States Code, as added by subsection (a), and make such recommendations for modification of such section 1044e as the panel considers appropriate. The panel shall include the results of the assessment and its recommendations in one of the reports required by subsection (c)(2)(B) of such section 576.

SEC. 537. Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault.

Section 1034(c)(2)(A) of title 10, United States Code, is amended by striking “sexual harassment or” and inserting “rape, sexual assault, or other sexual misconduct in violation of sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment, or”.

SEC. 538. Secretary of Defense report on role of commanders in military justice process.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing—

(1) an assessment of the current role and authorities of commanders in the administration of military justice and the investigation, prosecution, and adjudication of offenses under the Uniform Code of Military Justice; and

(2) a recommendation by the Secretary of Defense regarding whether the role and authorities of commanders should be further modified or repealed.

SEC. 539. Review and policy regarding Department of Defense investigative practices in response to allegations of sex-related offenses.

(a) Review.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the practices of the military criminal investigative organizations (Army Criminal Investigation Command, Naval Criminal Investigative Service, and Air Force Office of Special Investigation) regarding the investigation of alleged sex-related offenses involving members of the Armed Forces, including the extent to which the military criminal investigative organizations make a recommendation regarding whether an allegation of a sex-related offense appears founded or unfounded.

(b) Policy.—After conducting the review required by subsection (a), the Secretary of Defense shall develop a uniform policy for the Armed Forces, to the extent practicable, regarding the use of case determinations to record the results of the investigation of a sex-related offense. In developing the policy, the Secretary shall consider the feasibility of adopting case determination methods, such as the uniform crime report, used by nonmilitary law enforcement agencies.

(c) Sex-related offense defined.—In this section, the term “sex-related offense” includes—

(1) any offense covered by section 920, 920a, 920b, 920c, or 925 of title 10, United States Code (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or

(2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).

SEC. 540. Uniform training and education programs for sexual assault prevention and response program.

Section 585(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1434; 10 U.S.C. 1561 note) is amended—

(1) in paragraph (1)—

(A) in the first sentence, by striking “Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall develop a curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces under the jurisdiction of the Secretary and civilian employees of the military department” and inserting “Not later than June 30, 2014, the Secretary of Defense shall develop a uniform curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces and civilian employees of the Department of Defense”; and

(B) in the second sentence, by inserting “including lesson plans to achieve core competencies and learning objectives,” after “curriculum,”; and

(2) in paragraph (3)—

(A) by striking “Consistent training.—The Secretary of Defense shall ensure” and inserting “Uniform training.—The Secretary of Defense shall require”; and

(B) by striking “consistent” and inserting “uniform”.

SEC. 541. Development of selection criteria for assignment as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent.

(a) Qualifications for assignment.—Section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note; 124 Stat. 4431) is amended—

(1) by redesignating subparagraph (B) as subparagraph (C); and

(2) by striking subparagraph (A) and inserting the following new subparagraphs:

“(A) the qualifications necessary for a member of the Armed Forces or a civilian employee of the Department of Defense to be selected for assignment to duty as a Sexual Assault Response and Prevention Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis;

“(B) consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note; 125 Stat. 1433), the training, certification, and status of members of the Armed Forces and civilian employees of the department assigned to duty as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and”.

(b) Assignment of Sexual Assault Nurse Examiners-Adult/Adolescent to Certain Military Units.—

(1) ASSIGNMENT TO CERTAIN MILITARY UNITS.—Section 584 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note) is amended—

(A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(B) by inserting after subsection (b) the following new subsection (c):

“(c) Sexual Assault Nurse Examiners-Adult/Adolescent.—

“(1) ASSIGNMENT REQUIREMENTS.—The Secretary of each military department shall assign at least one Sexual Assault Nurse Examiner-Adult/Adolescent to each brigade or equivalent unit level of each armed force under the jurisdiction of that Secretary unless assignment to other units is determined to be more practicable and effective by the Secretary of Defense. The Secretary of the military department concerned may assign additional Sexual Assault Nurse Examiners-Adult/Adolescent as necessary based on the demographics or needs of a military unit. The Secretary of the military department concerned may waive the assignment requirement for a specific unit level if that Secretary determines that compliance will impose an undue burden, except that the Secretary shall notify Congress of each waiver and explain how compliance would impose an undue burden.

“(2) ELIGIBLE PERSONS.—On and after October 1, 2015, only members of the armed forces and civilian employees of the Department of Defense may be assigned to duty as a Sexual Assault Nurse Examiner-Adult/Adolescent. The Secretary of the military department concerned may satisfy paragraph (1) through the assignment of additional personnel to a unit or by assigning the duties of a Sexual Assault Nurse Examiner-Adult/Adolescent to current personnel of the unit, so long as such personnel meet the training and certification requirements of subsection (d).”.

(2) TRAINING AND CERTIFICATION.—Subsection (d) of such section, as redesignated by paragraph (1)(A), is amended—

(A) in paragraph (1), by striking “assigned under subsection (a) and Sexual Assault Victim Advocates assigned under subsection (b)” and inserting “, Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent assigned under this section”;

(B) in paragraph (2), by adding at the end the following new sentence: “In the case of the curriculum and other components of the program for certification of Sexual Assault Nurse Examiners-Adult/Adolescent, the Secretary of Defense shall utilize the most recent guidelines and standards as outlined by the Department of Justice, Office on Violence Against Women, in the National Training Standards for Sexual Assault Medical Forensic Examiners.”; and

(C) in paragraph (3), by adding at the end the following new sentence: “On and after October 1, 2015, before a member or civilian employee may be assigned to duty as a Sexual Assault Nurse Examiner-Adult/Adolescent under subsection (c), the member or employee must have completed the training program required by paragraph (1) and obtained the certification.”.

(c) Conforming amendments.—Section 584 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note; 125 Stat. 1432) is amended—

(1) in subsection (a)(2), by inserting “who satisfy the selection criteria established under section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note; 124 Stat. 4431)” after “Defense”; and

(2) in subsection (b)(2), by inserting “who satisfy the selection criteria established under section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011” after “Defense”.

(d) Clerical amendment.—The heading of section 584 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note) is amended to read as follows:

“SEC. 584. Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent”.

SEC. 542. Extension of crime victims’ rights to victims of offenses under the Uniform Code of Military Justice.

(a) Victims' rights.—

(1) IN GENERAL.—Subchapter I of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section (article):

§ 806b. Art. 6b. Rights of victims of offenses under this chapter

“(a) Rights of a victim of a military crime.—A victim of a military crime has the following rights:

“(1) The right to be reasonably protected from the accused.

“(2) The right to reasonable, accurate, and timely notice of any public proceeding in an investigation under section 832 of this title (article 32), court-martial, involuntary plea hearing, pre-sentencing hearing, or parole hearing involving the offense or of any release or escape of the accused.

“(3) The right not to be excluded from any such public proceeding, referred to in paragraph (2) unless the military judge, after receiving clear and convincing evidence, determines that testimony by the victim of a military crime would be materially altered if the victim of a military crime heard other testimony at that proceeding.

“(4) The reasonable right to confer with the trial counsel in the case.

“(5) The right to full and timely restitution as provided in law.

“(6) The right to proceedings free from unreasonable delay.

“(7) The right to be treated with fairness and with respect for the dignity and privacy of the victim of a military crime.

“(b) Duty of military judge.—In any court-martial proceeding involving an offense against a victim of a military crime, the military judge shall ensure that the victim of a military crime is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the military judge shall make every effort to permit the fullest attendance possible by the victim of a military crime and shall consider reasonable alternatives to the exclusion of the victim of a military crime from the criminal proceeding. The reasons for any decision denying relief under this subsection shall be clearly stated on the record.

“(c) Best efforts required.—(1) Military judges, trial and defense counsel, military criminal investigation organizations, services, and personnel, and other members and personnel of the Department of Defense engaged in the detection, investigation, or prosecution of offenses under this chapter (the Uniform Code of Military Justice) shall make their best efforts to see that a victim of a military crime is notified of, and accorded, the rights described in subsection .

“(2) The trial counsel in a case shall advise a victim of a military crime that the victim of a military crime can seek the advice of an attorney with respect to the rights described in subsection (a).

“(3) Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person.

“(d) Victim of a military crime defined.—

“(1) DEFINITION.—In this section, the term ‘victim of a military crime’ means a person who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime in violation of this chapter (the Uniform Code of Military Justice) or in violation of the law of another jurisdiction if any portion of the investigation of the violation of that law was conducted primarily by a military criminal investigative organization (Army Criminal Investigation Command, Naval Criminal Investigative Service, or Air Force Office of Special Investigation). The term shall include, at a minimum, the following:

“(A) Members of the armed forces and their dependents.

“(B) Civilian employees of the Department of Defense and contractor employees stationed outside the continental United States and their dependents residing with them.

“(C) Such other individuals as the Secretary of Defense determines should be included.

“(2) TREATMENT OF CERTAIN VICTIMS.—In the case of a victim of a military crime who is under 18 years of age, incompetent, incapacitated, or deceased, the term shall also include an individual acting on behalf of the victim who is (in order of precedence) a spouse, parent, legal guardian, child, sibling, or another dependent of the victim or another person designated by the military judge, but in no event shall an accused be designated or included.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 47 of such title (the Uniform Code of Military Justice) is amended by adding at the end the following new item:


“806b. Art. 6b. Victims' rights of victims of offenses under this chapter.”.

(b) Procedures To promote compliance.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall recommend to the President changes to the Manual for Courts-Martial, and prescribe such other regulations as the Secretary considers appropriate, to implement section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a).

(2) ELEMENTS.—The modifications and regulations issued pursuant to paragraph (1) shall include the following:

(A) The designation of an administrative authority within the Department of Defense to oversee the implementation of such section 806(b), and within each Armed Force, an authority to receive and investigate complaints relating to the provision or violation of the rights of victims of military crimes.

(B) A requirement for a course of training for judge advocates and other appropriate members of the Armed Forces and personnel of the Department to promote compliance with and implementation of such section 806b and assist such personnel in responding more effectively to the needs of victims of military crimes.

(C) Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense, including suspension or termination from employment in the case of employees of the Department, who willfully or wantonly fail to comply with such section 806b.

(D) Mechanisms to ensure that the Secretary of Defense shall be the final arbiter of a complaint authorized pursuant to subparagraph (A) by a victim of a military crime that the victim was not afforded a right under such section 806b.

(c) Additional duty for Response systems independent panel.—The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall assess the feasibility and appropriateness of extending to victims of military crimes the additional right afforded a crime victim in civilian criminal legal proceedings under subsection (a)(4) of section 3771 of title 18, United States Code, and the legal standing to seek enforcement of crime victim rights provided by subsection (d) of such section. The panel shall include the results of the assessment in the report required by subsection (c)(1) of such section.

SEC. 543. Defense counsel interview of complaining witnesses in presence of counsel for the complaining witness or a Sexual Assault Victim Advocate.

Section 846 of title 10, United States Code (article 46 of the Uniform Code of Military Justice), is amended—

(1) by inserting “(a) Opportunity To obtain witnesses and other evidence.—”before “The trial counsel”;

(2) by striking “Process issued” and inserting the following:

“(c) Process.—Process issued”; and

(3) by inserting after subsection (a), as designated by paragraph (1), the following new subsection (b):

“(b) Interview of complaining witnesses by defense counsel.—(1) Upon notice by trial counsel to defense counsel of the name and address of the complaining witness or witnesses trial counsel intends to call to testify in any portion of an investigation under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make all requests to interview any such complaining witness through trial counsel.

“(2) If requested by a complaining witness subject to a request for interview under paragraph (1), any interview of the witness by defense counsel shall take place only in the presence of counsel for the complaining witness or a Sexual Assault Victim Advocate.

“(3) In this subsection, the term ‘complaining witness’ means a person who has suffered a direct physical, emotional, or pecuniary harm as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice).”.

SEC. 544. Participation by complaining witnesses in clemency phase of courts-martial process.

Section 860(b) of title 10, United States Code (article 60(b) of the Uniform Code of Military Justice), is amended—

(1) by inserting “(A)” after “(b)(1)”;

(2) by redesignating paragraphs (2), (3), and (4) as subparagraphs (B), (C), and (D), respectively, and, in such subparagraphs as so redesignated, by striking “paragraph (1)” each place it appears and inserting “subparagraph (A)”; and

(3) by adding at the end the following new paragraphs:

“(2)(A) In any case in which findings and sentence have been adjudged for an offense involving a complaining witness, the complaining witness shall be provided an opportunity to submit matters for consideration by the convening authority or by another person authorized to act under this section before the convening authority or such other person takes action under this section. Such a submission shall be made within 10 days after the complaining witness has been given an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection (d).

“(B) If a complaining witness shows that additional time is required for submission of matters under subparagraph (A), the convening authority or other person taking action under this section, for good cause, may extend the submission period for not more than an additional 20 days.

“(C) In this paragraph, the term ‘complaining witness’ means a person who has suffered a direct physical, emotional, or pecuniary harm as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice).

“(3) The convening authority shall not consider under this section any submitted matters that go to the character of a complaining witness unless such matters were presented at the trial.”.

SEC. 545. Eight-day incident reporting requirement in response to unrestricted report of sexual assault in which the victim is a member of the Armed Forces.

(a) Incident reporting policy requirement.—The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall establish and maintain a policy to require the submission by a designated person of a written incident report not later than eight days after an unrestricted report of sexual assault has been made in which a member of the Armed Forces is the victim. At a minimum, this incident report shall be provided to the following:

(1) The installation commander, if such incident occurred on or in the vicinity of a military installation.

(2) The first officer in the grade of 0–6 in the chain of command of the victim.

(3) The first general officer or flag officer in the chain of command of the victim.

(b) Purpose of the report.—The purpose of the required incident report under subsection (a) is to detail the actions taken or in progress to provide the necessary care and support to the victim of the assault, to refer the allegation of sexual assault to the appropriate investigatory agency, and to provide initial notification of the serious incident when that notification has not already taken place.

(c) Elements of report.—

(1) IN GENERAL.—The report of an incident under subsection (a) shall include, at a minimum, the following:

(A) Time/Date/Location of incident.

(B) Type of offense allegation.

(C) Service affiliation, assigned unit, and location of the victim.

(D) Service affiliation, assigned unit, and location of the alleged offender, including information regarding whether the alleged offender has been temporarily transferred or removed from an assigned billet or ordered to pretrial confinement or otherwise restricted, if applicable.

(E) Post-incident actions taken in connection with the incident, including the following:

(i) Referral of the victim to medical services and all other services available for members of the Armed Forces who are victims of sexual assault, including the date of each such referral.

(ii) Receipt and processing status of a request for expedited victim transfer, if applicable.

(iii) Notification of incident to appropriate investigatory offices, including the organization notified and date of such notification.

(iv) Issuance of any military protective orders in connection with the incident.

(2) MODIFICATION.—

(A) IN GENERAL.—The Secretary of Defense may modify the elements required in a report under this section regarding an incident involving a member of the Armed Forces (including the Coast Guard when it is operating as service in the Department of the Navy) if the Secretary determines that such modification will facilitate compliance with best practices for such reporting as identified by the Sexual Assault Prevention and Response Office of the Department of Defense.

(B) COAST GUARD.—The Secretary of the Department in which the Coast Guard is operating may modify the elements required in a report under this section regarding an incident involving a member of the Coast Guard if the Secretary determines that such modification will facilitate compliance with best practices for such reporting as identified by the Coast Guard Office of Work-Life Programs.

(3) FOR OFFICIAL USE ONLY.—A report under this section shall be intended for official use only and shall not be distributed beyond the requirements listed above.

(d) Regulations.—Not later than 180 days after enactment, The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.

SEC. 546. Amendment to Manual for Courts-Martial to eliminate considerations relating to character and military service of accused in initial disposition of sex-related offenses.

(a) Amendment required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the President a proposed amendment to rule 306 of the Manual for Courts-Martial (relating to policy on initial disposition of offenses) to eliminate the character and military service of the accused from the list of factors that may be considered by the disposition authority in disposing of a sex-related offense.

(b) Sex-related offense defined.—In this section, a “sex-related offense” includes—

(1) any offense covered by section 920, 920a, 920b, 920c, or 925 of title 10, United States Code (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or

(2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).

SEC. 547. Inclusion of letter of reprimands, nonpunitive letter of reprimands and counseling statements.

(a) Inclusion in performance evaluation reports.—The Secretary of Defense shall require commanders to include letter of reprimands, nonpunitive letter of actions and counseling statements involving substantiated cases of sexual harassment or sexual assault in the performance evaluation report of a member of the Armed Forces for the purpose of—

(1) providing commanders increased visibility of the background information of members of the unit;

(2) identifying and preventing trends of bad behavior early and effectively disciplining repeated actions which hinder units from fostering a healthy climate; and

(3) preventing the transfer of sexual offenders.

(b) Definitions.—In this section:

(1) The term “sexual harassment” has the meaning given such term in Department of Defense Directive 1350.2, Department of Defense Military Equal Opportunity Program.

(2) The term “sexual assault” means any of the offenses described in section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice).

SEC. 548. Enhanced protections for prospective members and new members of the Armed Forces during entry-level processing and training.

(a) Defining inappropriate and prohibited relationships, communication, conduct, and contact between certain members.—

(1) POLICY REQUIRED.—The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall establish and maintain a policy to uniformly define and prescribe, for the persons described in paragraph (2), what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between a member of the Armed Forces described in paragraph (2)(A) and a prospective member or member of the Armed Forces described in paragraph (2)(B).

(2) COVERED MEMBERS.—The policy required by paragraph (1) shall apply to—

(A) a member of the Armed Forces who is superior in rank to, exercises authority or control over, or supervises a person described in subparagraph (B) during the entry-level processing or training of the person; and

(B) a prospective member of the Armed Forces or a member of the Armed Forces undergoing entry-level processing or training.

(3) INCLUSION OF CERTAIN MEMBERS REQUIRED.—The members of the Armed Forces covered by paragraph (2)(A) shall include, at a minimum, military personnel assigned or attached to duty—

(A) for the purpose of recruiting or assessing persons for enlistment or appointment as a commissioned officer, warrant officer, or enlisted member of the Armed Forces;

(B) at a Military Entrance Processing Station; or

(C) at an entry-level training facility or school of an Armed Force.

(b) Effect of violations.—A member of the Armed Forces who violates the policy established pursuant to subsection (a) shall be subject to prosecution under the Uniform Code of Military Justice.

(c) Processing for administrative separation.—

(1) IN GENERAL.—(A) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall require the processing for administrative separation of any member of the Armed Forces described in subsection (a)(2)(A) in response to the first substantiated violation by the member of the policy established pursuant to subsection (a), when the member is not otherwise punitively discharged or dismissed from the Armed Forces for that violation.

(B) The Secretary of each military department shall revise regulations applicable to the Armed Forces under the jurisdiction of the Secretary as necessary to ensure compliance with the requirement under subparagraph (A).

(2) REQUIRED ELEMENTS.—(A) In imposing the requirement under paragraph (1), the Secretaries shall ensure that any separation decision regarding a member of the Armed Forces is based on the full facts of the case and that due process procedures are provided under existing law or regulations or additionally prescribed, as considered necessary by the Secretaries, pursuant to subsection (f).

(B) The requirement imposed by paragraph (1) shall not be interpreted to limit or alter the authority of the Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating to process members of the Armed Forces for administrative separation—

(i) for reasons other than a substantiated violation of the policy established pursuant to subsection (a); or

(ii) under other provisions of law or regulation.

(3) SUBSTANTIATED VIOLATION.—For purposes of paragraph (1), a violation by a member of the Armed Forces described in subsection (a)(2)(A) of the policy established pursuant to subsection (a) shall be treated as substantiated if—

(A) there has been a court-martial conviction for violation of the policy, but the adjudged sentence does not include discharge or dismissal; or

(B) a nonjudicial punishment authority under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) has determined that a member has committed an offense in violation of the policy and imposed nonjudicial punishment upon the member.

(d) Proposed Uniform Code of Military Justice punitive article.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives—

(1) a proposed amendment to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to create an additional article under subchapter X of such chapter regarding violations of the policy required by subsection (a); and

(2) the conforming changes to part IV, punitive articles, in the Manual for Courts-Martial that will be necessary upon adoption of such article.

(e) Definitions.—In this section:

(1) The term “entry-level processing or training”, with respect to a member of the Armed forces, means the period beginning on the date on which the member became a member of the Armed Forces and ending on the date on which the member physically arrives at that member’s first duty assignment following completion of initial entry training (or its equivalent), as defined by the Secretary of the military department concerned or the Secretary of the Department in which the Coast Guard is operating.

(2) The term “prospective member of the Armed Forces” means a person who has had a face-to-face meeting with a member of the Armed Forces assigned or attached to duty described in subsection (a)(3)(A) regarding becoming a member of the Armed Forces, regardless of whether the person eventually becomes a member of the Armed Forces.

(f) Regulations.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall issue such regulations as may be necessary to carry out this section. The Secretary of Defense shall ensure that, to the extent practicable, the regulations are uniform for each armed force under the jurisdiction of that Secretary.

SEC. 549. Independent reviews and assessments of Uniform Code of Military Justice and judicial proceedings of sexual assault cases.

(a) Additional duties for response systems panel regarding disposition authority.—

(1) IN GENERAL.—The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall—

(A) conduct an assessment of the impact, if any, that removing from the chain of command any disposition authority regarding charges preferred under the Uniform Code of Military Justice would have on overall reporting and prosecution of sexual assault cases; and

(B) review and provide comment on the report of the Secretary of Defense on the role of military commanders in the military justice process, which is required pursuant to section 538 of this Act.

(2) SUBMISSION OF RESULTS.—The panel shall include the results of the assessment and review and its recommendations and comments in the report required by subsection (c)(1) of such section 576, as amended by subsection (b) of this section.

(b) Earlier submission deadline for report of the response systems panel.—Subsection (c) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) is amended by striking paragraph (1) and inserting the following new paragraph:

“(1) RESPONSE SYSTEMS PANEL.—Not later than one year after the date of the first meeting of the panel established under subsection (a)(1), the panel shall submit a report of its findings and recommendations, through the Secretary of Defense, to the Committees on Armed Services of the Senate and the House of Representatives. The panel shall terminate 30 days after submission of such report.”.

(c) Additional duty for response systems panel regarding instances of members’ abusing chain of command position to gain access to or coerce another person for a sex-related offense.—

(1) IN GENERAL.—The independent panel established by the Secretary of Defense under subsection (a)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall conduct an assessment of instances in the Armed Forces in which a member of the Armed Forces has committing a sexual act upon another person by abusing one’s position in the chain of command of the other person to gain access to or coerce the other person.

(2) SUBMISSION OF RESULTS.—The panel shall include the results of the assessment and its recommendations and comments in the report required by subsection (c)(1) of such section 576, as amended by subsection (b) of this section.

(d) Additional duty for judicial proceedings panel regarding additional revision of definition of Article 120 sex-related offenses.—The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) shall assess the likely consequences of amending of definition of rape and sexual assault under article 120 of the Uniform Code of Military Justice to expressly cover a situation in which a person subject to the Uniform Code of Military Justice commits a sexual act upon another person by abusing one’s position in the chain of command of the other person to gain access to or coerce the other person. The panel shall include the results of the assessment in one of the reports required by subsection (c)(2)(B) of such section 576.

SEC. 550. Review of the Office of Diversity Management and Equal Opportunity role in sexual harassment cases.

(a) Review required.—The Secretary of Defense shall conduct a review of the Office of Diversity Management and Equal Opportunity for the purposes specified in subsection (b).

(b) Elements of study.—In conducting the review under subsection (a), the Secretary of Defense shall—

(1) identify and evaluate the resource and personnel gaps in the Office;

(2) identify and evaluate the role of the Office in sexual harassment cases; and

(3) evaluate how the Office works with the Sexual Assault Prevention and Response Office to address sexual harassment in the Armed Forces.

(c) Definition.—In this section, the term “sexual harassment” has the meaning given such term in Department of Defense Directive 1350.2, Department of Defense Military Equal Opportunity Program.

SEC. 550A. Discharge or dismissal, and confinement required for certain sex-related offenses committed by members of the Armed Forces.

(a) Mandatory punishments.—

(1) IMPOSITION.—Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice) is amended—

(A) by inserting “(a)” before “The punishment”; and

(B) by adding at the end the following new subsection:

“(b)(1) While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum—

“(A) dismissal or dishonorable discharge; and

“(B) confinement for two years.

“(2) Paragraph (1) applies to the following offenses:

“(A) An offense in violation of subsection (a) or (b) of section 920 (article 120(a) or (b)).

“(B) Forcible sodomy under section 925 of this title (article 125).

“(C) An attempt to commit an offense specified in subparagraph (A) or (B) that is punishable under section 880 of this title (article 80).”.

(2) CLERICAL AMENDMENTS.—

(A) SECTION HEADING.—The heading of such section is amended to read as follows:

§ 856. Art. 56. Maximum and minimum limits”.

(B) TABLE OF SECTIONS.—The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by striking the item relating to section 856 and inserting the following new item:


“856. Art 56. Maximum and minimum limits.”.

(b) Effective date.—The amendments made by this section shall take effect 180 days after the date of the enactment of this Act, and apply to offenses specified in section 856(b)(2) of title 10, United States Code (article 56(b)(2) of the Uniform Code of Military Justice), as added by subsection (a)(1), committed after that date.

SEC. 550B. Enhancement to requirements for availability of information on sexual assault prevention and response resources.

(a) Required posting of information on sexual assault prevention and response resources.—

(1) POSTING.—The Secretary of Defense shall require that there be prominently posted, in accordance with paragraph (2), notice of the following information relating to sexual assault prevention and response, in a form designed to ensure visibility and understanding:

(A) Resource information for members of the Armed Forces, military dependents, and civilian personnel of the Department of Defense with respect to prevention of sexual assault and reporting of incidents of sexual assault.

(B) Contact information for personnel who are designated as Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.

(C) The Department of Defense “hotline” telephone number, referred to as the Safe Helpline, for reporting incidents of sexual assault, or any successor operation.

(2) POSTING PLACEMENT.—Posting under subsection (a) shall be at the following locations, to the extent practicable:

(A) Any Department of Defense duty facility.

(B) Any Department of Defense dining facility.

(C) Any Department of Defense multi-unit residential facility.

(D) Any Department of Defense health care facility.

(E) Any Department of Defense commissary or exchange.

(F) Any Department of Defense Community Service Agency.

(G) Any Department of Defense website.

(b) Notice to victims of available assistance.—The Secretary of Defense shall require that procedures in the Department of Defense for responding to a complaint or allegation of sexual assault submitted by or against a member of the Armed Forces include prompt notice to the person making the complaint or allegation of the forms of assistance available to that person from the Department of Defense and, to the extent known to the Secretary, through other departments and agencies, including State and local agencies, and other sources.

SEC. 550C. Military Hazing Prevention Oversight Panel.

(a) Establishment.—There is established a panel to be known as the Military Hazing Prevention Oversight Panel (in this section referred to as the “Panel”).

(b) Membership.—The Panel shall be composed of the following members:

(1) The Secretary of the Army or the Secretary’s designee.

(2) The Secretary of the Navy or the Secretary’s designee.

(3) The Secretary of the Air Force or the Secretary’s designee.

(4) The Secretary of Homeland Security (with respect to the Coast Guard) or the Secretary’s designee.

(5) Members appointed by the Secretary of Defense from among individuals who are not officers or employees of any government and who have expertise in advocating for—

(A) women;

(B) racial or ethnic minorities;

(C) religious minorities; or

(D) gay, lesbian, bisexual, or transgender individuals.

(c) Duties.—The Panel shall—

(1) make recommendations to the Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) on the development of the policies, programs, and procedures to prevent and respond to hazing in the Armed Forces; and

(2) monitor any policies, programs, and procedures in place to prevent and respond to hazing in the Armed Forces and make recommendations to the Secretary concerned on ways to improve such policies, programs, and procedures.

(d) Initial Meeting.—Not later than 180 days after the date of the enactment of this Act, the Panel shall hold its initial meeting.

(e) Meetings.—The Panel shall meet not less than annually.

SEC. 550D. Prevention of sexual assault at military service academies.

The Secretary of Defense shall ensure that each of the military service academies adds a section in the ethics curricula of such academies that outlines honor, respect, and character development as such pertain to the issue of preventing sexual assault in the Armed Forces. Such curricula shall include a brief history of the problem of sexual assault in the Armed Forces, a definition of sexual assault, information relating to reporting a sexual assault, victims’ rights, and dismissal and dishonorable discharge for offenders. Such ethics training shall be provided within 60 days after the initial arrival of a new cadet or midshipman at a military services academy and repeated in annual ethics training requirements.

SEC. 550E. Ensuring awareness of policy to instruct victims of sexual assault seeking security clearance to answer “no” to question 21.

(a) Ensuring awareness of policy.—The Secretary of Defense shall inform members of the United States Armed Forces of the policy described in subsection (b)—

(1) at the earliest time possible, such as upon enlistment and commissioning; and

(2) during sexual assault awareness training and service member interactions with sexual assault response coordinators.

(b) Policy described.—The policy described in this subsection is the policy of instructing an individual to answer “no” to question 21 of Standard Form 86 of the Questionnaire for National Security Positions with respect to consultation with a health care professional if—

(1) the individual is a victim of a sexual assault; and

(2) the consultation occurred with respect to an emotional or mental health condition strictly in relation to the sexual assault.

SEC. 550F. Report on policies and regulations regarding service members living with or at risk of contracting HIV.

(a) Report to Congress.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress and make publicly available a report on the use of the Uniform Code of Military Justice, the Manual for Courts-Martial, and related policies, punitive articles, and regulations with regard to service members living with or at risk of contracting HIV.

(b) Contents.—The report shall include the following:

(1) An assessment of whether the Uniform Code of Military Justice, the Manual for Courts-Martial, and related policies, punitive articles, and regulations are exercised in a way that demonstrates an evidence-based, medically accurate understanding of—

(A) the multiple factors that lead to HIV transmission;

(B) the relative risk of HIV transmission routes;

(C) the associated benefits of treatment and support services for people living with HIV; and

(D) the impact of HIV-specific policies and regulations on public health and on people living with or at risk of contracting HIV.

(2) A review of court-martial decisions in recent years preceding the date of enactment of this Act.

(3) Recommendations for adjustments to the Uniform Code of Military Justice, the Manual for Courts-Martial, and related policies, punitive articles, and regulations, as may be necessary, in order to ensure that policies and regulations regarding service members living with or at risk of contracting HIV are in accordance with a contemporary understanding of HIV transmission routes and associated benefits of treatment.

(c) Definition of HIV.—In this section, the term “HIV” means infection with the human immunodeficiency virus.

SEC. 550G. Additional modification of annual Department of Defense reporting requirements regarding sexual assaults and prevention and response program.

(a) Additional elements of each report.—Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note) is amended by adding at the end the following new paragraphs:

“(11) A description of the implementation of the comprehensive policy on the retention of and access to evidence and records relating to sexual assaults involving members of the Armed Forces required to comply with section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1434; 10 U.S.C. 1561 note).

“(12) The policies, procedures, and processes implemented by the Secretary concerned to ensure detailed evidence and records are transmitted to the Department of Veterans Affairs, including medical records of sexual assault victims that accurately and completely describe the physical and emotional injuries resulting from a sexual trauma that occurred during active duty service.”.

(b) Application of amendments.—The amendment made by this section 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.

SEC. 551. Department of Defense recognition of spouses of members of the Armed Forces who serve in combat zones.

(a) Establishment and Presentation of Lapel Buttons.—Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section:

§ 1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation

“(a) Design and eligibility.—A lapel button, to be known as the spouse-of-a-combat-veteran lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize the spouse of a member of the armed forces who is serving or has served in a combat zone for a period of more than 30 days.

“(b) Presentation.—The Secretary concerned may authorize the use of appropriated funds to procure spouse-of-a-combat-veteran lapel buttons and to provide for their presentation to eligible spouses of members.

“(c) Exception to time-period requirement.—The 30-day period specified in subsection (a) does not apply if the member is killed or wounded in the combat zone before the expiration the period.

“(d) License to manufacture and sell lapel buttons.—Section 901(c) of title 36 shall apply with respect to the spouse-of-a-combat-veteran lapel button authorized by this section.

“(e) Combat zone defined.—In this section, the term ‘combat zone’ has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.

“(f) Regulations.—The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable.”.

(b) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1126 the following new item:


“1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation.”.

(c) Sense of congress regarding implementation.—It is the sense of Congress that, as soon as practicable once the spouse-of-a-combat-veteran lapel button becomes available, the Secretary of Defense should—

(1) widely announce the availability of spouse-of-a-combat-veteran lapel buttons through military and public information channels; and

(2) encourage commanders at all levels to conduct ceremonies recognizing the support provided by spouses of members of the Armed Forces and to use the ceremonies as an opportunity for members to present their spouses with a spouse-of-a-combat-veteran lapel button.

SEC. 552. Protection of child custody arrangements for parents who are members of the Armed Forces.

(a) Child custody protection.—Title II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section:

“SEC. 208. Child custody protection.

“(a) Restriction on temporary custody order.—If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, then the court shall require that, upon the return of the servicemember from deployment, the custody order that was in effect immediately preceding the temporary order shall be reinstated, unless the court finds that such a reinstatement is not in the best interest of the child, except that any such finding shall be subject to subsection (b).

“(b) Limitation on consideration of member’s deployment in determination of Child’s Best Interest.—If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.

“(c) No federal jurisdiction or right of action or removal.—Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.

“(d) Preemption.—In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.

“(e) Deployment Defined.—In this section, the term ‘deployment’ means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—

“(1) that are designated as unaccompanied;

“(2) for which dependent travel is not authorized; or

“(3) that otherwise do not permit the movement of family members to that location.”.

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title II the following new item:


“208. Child custody protection.”.

SEC. 553. Treatment of relocation of members of the Armed Forces for active duty for purposes of mortgage refinancing.

(a) In general.—Title III of the Servicemembers Civil Relief Act is amended by inserting after section 303 (50 U.S.C. App. 533) the following new section:

“SEC. 303A. Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing.

“(a) Treatment of absence from residence due to active duty.—While a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of a relocation described in subsection (c)(1)(B), if the servicemember inquires about or applies for a covered refinancing mortgage, the servicemember shall be considered, for all purposes relating to the covered refinancing mortgage (including such inquiry or application and eligibility for, and compliance with, any underwriting criteria and standards regarding such covered refinancing mortgage) to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of such relocation.

“(b) Limitation.—Subsection (a) shall not apply with respect to a servicemember who inquires about or applies for a covered refinancing mortgage if, during the 5-year period preceding the date of such inquiry or application, the servicemember entered into a covered refinancing mortgage pursuant to this section.

“(c) Definitions.—In this section:

“(1) EXISTING MORTGAGE.—The term ‘existing mortgage’ means a mortgage that is secured by a 1- to 4-family residence, including a condominium or a share in a cooperative ownership housing association, that was the principal residence of a servicemember for a period that—

“(A) had a duration of 13 consecutive months or longer; and

“(B) ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 18 months that did not allow the servicemember to continue to occupy such residence as a principal residence.

“(2) COVERED REFINANCING MORTGAGE.—The term ‘covered refinancing mortgage’ means any mortgage that—

“(A) is made for the purpose of paying or prepaying, and extinguishing, the outstanding obligations under an existing mortgage or mortgages; and

“(B) is secured by the same residence that secured such existing mortgage or mortgages.”.

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item:


“303A. Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing.”.

SEC. 554. Family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.

(a) Pilot programs authorized.—Consistent with such regulations as the Secretary of Defense may prescribe to carry out this section, the Commander of the United States Special Operations Command may conduct up to three pilot programs to assess the feasibility and benefits of providing family support activities for the immediate family members of members of the Armed Forces assigned to special operations forces.

(b) Selection of programs.—In selecting the pilot programs to be conducted under subsection (a), the Commander shall—

(1) identify family support activities that have a direct and concrete impact on the readiness of special operations forces, but that are not being provided to the immediate family members of members of the Armed Forces assigned to special operations forces by the Secretary of a military department; and

(2) conduct a cost-benefit analysis of each family support activity proposed to be included in a pilot program.

(c) Evaluation.—The Commander shall develop outcome measurements to evaluate the success of each family support activity included in a pilot program under subsection (a).

(d) Additional authority.—The Commander may expend up to $5,000,000 during each fiscal year specified in subsection (f) to carry out the pilot programs under subsection (a).

(e) Definitions.—In this section:

(1) The term “Commander” means the Commander of the United States Special Operations Command.

(2) The term “immediate family members” has the meaning given that term in section 1789(c) of title 10, United States Code.

(3) The term “special operations forces” means those forces of the Armed Forces identified as special operations forces under section 167(i) of such title.

(f) Duration of pilot program authority.—The authority provided by subsection (a) is available to the Commander during fiscal years 2014 through 2016.

(g) Report.—Not later than 180 days after completing a pilot program under subsection (a), the Commander shall submit to the congressional defense committees a report describing the results of the pilot program.

SEC. 555. Transition of members of the Armed Forces and their families from military to civilian life.

(a) Findings.—The Congress finds the following:

(1) Members of the Armed Forces and their families make great sacrifices on behalf of the United States, and, when their active duty service is successfully concluded, members deserve the opportunity to also make a successful transition to the civilian labor force.

(2) When transitioning from active duty in the Armed Forces to civilian employment, members often face barriers that make it difficult to fully utilize the skills and training they gained during their military service.

(3) Members and veterans are too often required to repeat education or training in order to receive industry certifications and State occupational licenses, even though their military training and experience often overlaps with the certification or licensing requirements.

(4) When members are transferred from military assignment to military assignment, their spouses often face barriers to transferring their credentials and to securing employment in their new location.

(5) More than one million members will make the transition to civilian life in the coming years.

(6) The Department of Defense established the Military Credentialing and Licensing Task Force in 2012.

(7) The Joining Forces program, a national initiative to mobilize all sectors of society to give members of the Armed Forces and their families the opportunities and support they have earned, will make it easier for members and their families to transfer skills learned while the member was serving in the Armed Forces to civilian employment.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the Federal Government and State governments should make the transition of a member of the Armed Forces and the member's spouse from military to civilian life as seamless as possible by creating opportunities for the member and spouse to earn, while the member is in the Armed Forces, civilian occupational credentials and licenses, with an emphasis on well-paying industries and occupations that have a high demand for skilled workers, including: manufacturing, information technology, transportation and logistics, health care, and emergency medical services;

(2) the Federal Government should assist State governments in translating military training and experience into credit towards professional licensure; and

(3) State governments should streamline approaches for assessing the equivalency of military training and experience, and accelerate occupational licensing processes for members, veterans, and their spouses.

SEC. 556. Mortgage protection for members of the Armed Forces, surviving spouses, and certain veterans and other improvements to the Servicemembers Civil Relief Act.

(a) Members of the Armed Forces, surviving spouses, and certain disabled veterans.—

(1) IN GENERAL.—Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by inserting after section 303A, as added by section 553, the following new section:

“SEC. 303B. Mortgages and trust deeds of certain servicemembers, surviving spouses, and disabled veterans.

“(a) Mortgage as Security.—This section applies only to an obligation on real or personal property owned by a covered individual that—

“(1) originated at any time and for which the covered individual is still obligated; and

“(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.

“(b) Stay of Proceedings.—

“(1) IN GENERAL.—In accordance with subsection (d)(1), in a judicial action pending or in a nonjudicial action commenced during a covered time period to enforce an obligation described in subsection (a), a court—

“(A) may, after a hearing and on its own motion, stay the proceedings until the end of the covered time period; and

“(B) shall, upon application by a covered individual, stay the proceedings until the end of the covered time period.

“(2) OBLIGATION TO STOP PROCEEDINGS.—Upon receipt of notice provided under subsection (d)(1), a mortgagee, trustee, or other creditor seeking to foreclose on real property secured by an obligation covered by this section using any judicial or nonjudicial proceedings shall immediately stop any such proceeding until the end of the covered time period.

“(c) Sale or Foreclosure.—A sale, judicial or nonjudicial foreclosure, or seizure of property for a breach of an obligation described in subsection (a) that is not stayed under subsection (b) shall not be valid during a covered time period except—

“(1) upon a court order granted before such sale, judicial or nonjudicial foreclosure, or seizure with a return made and approved by the court; or

“(2) if made pursuant to an agreement as provided in section 107.

“(d) Notice required.—

“(1) IN GENERAL.—To be covered under this section, a covered individual shall provide to the mortgagee, trustee, or other creditor written notice that such individual is so covered.

“(2) MANNER.—Written notice under paragraph (1) may be provided electronically.

“(3) TIME.—Notice provided under paragraph (1) shall be provided during the covered time period.

“(4) CONTENTS.—With respect to a servicemember described in subsection (g)(1)(A), notice shall include—

“(A) a copy of the servicemember’s official military orders, or any notification, certification, or verification from a servicemember's commanding officer that provides evidence of servicemember's eligibility for special pay as described in subsection (g)(1)(A); or

“(B) an official notice using a form designed under paragraph (5).

“(5) OFFICIAL FORMS.—

“(A) IN GENERAL.—The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1).

“(B) USE OF OFFICIAL FORM NOT REQUIRED.—Failure by any individual to use a form designed or distributed under subparagraph (A) to provide notice shall not make such provision of notice invalid.

“(e) Aggregate duration.—The aggregate duration for which a covered individual (except a servicemember described in subsection (g)(1)(A)) may be covered under this section is one year.

“(f) Misdemeanor.—A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.

“(g) Definitions.—In this section:

“(1) COVERED INDIVIDUAL.—The term ‘covered individual’ means the following individuals:

“(A) A servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service.

“(B) A servicemember placed on convalescent status, including a servicemember transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code.

“(C) A veteran who was medically discharged and retired under chapter 61 of title 10, United States Code, except for a veteran described in section 1207 of such title.

“(D) A surviving spouse (as defined in section 101(3) of title 38, United States Code, and in accordance with section 103 of such title) of a servicemember who died while in military service if such spouse is the successor in interest to property covered under subsection (a).

“(2) COVERED TIME PERIOD.—The term ‘covered time period’ means the following time periods:

“(A) With respect to a servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service, during the period beginning on the first day on which the servicemember is or was eligible for such special pay during such period of military service and ending on the date that is one year after the last day of such period of military service.

“(B) With respect to a servicemember described in paragraph (1)(B), during the one-year period beginning on the date on which the servicemember is placed on convalescent status or transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code.

“(C) With respect to a veteran described in paragraph (1)(C), during the one-year period beginning on the date of the retirement of such veteran.

“(D) With respect to a surviving spouse of a servicemember as described in paragraph (1)(D), during the one-year period beginning on the date on which the spouse receives notice of the death of the servicemember.”.

(2) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item:


“Sec. 303B. Mortgages and trust deeds of certain servicemembers, surviving spouses, and disabled veterans.”.

(3) CONFORMING AMENDMENT.—Section 107 of the Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended by adding at the end the following:

“(e) Other individuals.—For purposes of this section, the term ‘servicemember’ includes any covered individual under section 303B.”.

(b) Increased civil penalties for mortgage violations.—Paragraph (3) of section 801(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended to read as follows:

“(3) to vindicate the public interest, assess a civil penalty—

“(A) with respect to a violation of section 207, 303, or 303B regarding real property—

“(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; and

“(B) with respect to any other violation of this Act—

“(i) in an amount not exceeding $55,000 for a first violation; and

“(ii) in an amount not exceeding $110,000 for any subsequent violation.”.

(c) Credit discrimination.—Section 108 of such Act (50 U.S.C. App. 518) is amended—

(1) by striking “Application by” and inserting “(a) Application or receipt.—Application by”; and

(2) by adding at the end the following new subsection:

“(b) Eligibility.—In addition to the protections under subsection (a), an individual who is entitled to any right or protection provided under this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such entitlement.”.

(d) Requirements for lending institutions that are creditors for obligations and liabilities covered by the Servicemembers Civil Relief Act.—Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527) is amended—

(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(2) by inserting after subsection (c) the following new subsection (d):

“(d) Lending institution requirements.—

“(1) COMPLIANCE OFFICERS.—Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution’s compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section.

“(2) TOLL-FREE TELEPHONE NUMBER.—During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet website of the institution.”.

(e) Pension for certain veterans covered by medicaid plans for services furnished by nursing facilities.—Section 5503(d)(7) of title 38, United States Code, is amended by striking “November 30, 2016” and inserting “March 1, 2017”.

(f) Effective date.—Section 303B of the Servicemembers Civil Relief Act, as added by subsection (a), and the amendments made by this section (other than the amendment made by subsection (e)), shall take effect on the date that is one year after the date of the enactment of this Act.

SEC. 557. Department of Defense recognition of dependents of members of the Armed Forces who serve in combat zones.

(a) Establishment and Presentation of Lapel Buttons.—Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section:

§ 1126b. Dependent-of-a-combat-veteran lapel button: eligibility and presentation

“(a) Design and eligibility.—A lapel button, to be known as the dependent-of-a-combat-veteran lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize the dependent of a member of the armed forces who is serving or has served in a combat zone for a period of more than 30 days.

“(b) Presentation.—The Secretary concerned may authorize the use of appropriated funds to procure dependent-of-a-combat-veteran lapel buttons and to provide for their presentation to eligible dependents of members.

“(c) Exception to time-period requirement.—The 30-day period specified in subsection (a) does not apply if the member is killed or wounded in the combat zone before the expiration the period.

“(d) License to manufacture and sell lapel buttons.—Section 901(c) of title 36 shall apply with respect to the dependent-of-a-combat-veteran lapel button authorized by this section.

“(e) Combat zone defined.—In this section, the term ‘combat zone’ has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.

“(f) Regulations.—The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable.”.

(b) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1126 the following new item:


“1126b. Dependent-of-a-combat-veteran lapel button: eligibility and presentation.”.

SEC. 561. Inclusion of Freely Associated States within scope of Junior Reserve Officers’ Training Corps program.

Section 2031(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(3) If a secondary educational institution in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau otherwise meets the conditions imposed by subsection (b) on the establishment and maintenance of units of the Junior Reserve Officers’ Training Corps, the Secretary of a military department may establish and maintain a unit of the Junior Reserve Officers’ Training Corps at the secondary educational institution even though the secondary educational institution is not a United States secondary educational institution.”.

SEC. 562. Improved climate assessments and dissemination and tracking of results.

(a) Improved dissemination of results in chain of command.—The Secretary of Defense shall ensure that the results of command climate assessments are provided to the relevant individual commander and to the next higher level of command.

(b) Performance tracking.—

(1) EVIDENCE OF COMPLIANCE.—The Secretary of each military department shall include in the performance evaluations and assessments used by each Armed Force under the jurisdiction of the Secretary a designated form where senior commanders can indicate whether the commander has conducted the required climate assessments.

(2) EFFECT OF FAILURE TO CONDUCT ASSESSMENT.—If a commander is found to not have conducted the required climate assessments, the failure shall be noted in the commander’s performance evaluation and be considered a serious factor during consideration for any subsequent promotion.

(c) Tracking system.—The Inspector General of the Department of Defense shall develop a system to track whether commanders are conducting command climate assessments.

(d) Unit compliance reports.—Working with the Inspector General of the Department of Defense, unit commanders shall gather all the climate assessments from the unit and develop a compliance report that, at a minimum, shall include the following:

(1) A comprehensive overview of the concerns members of the unit expressed in the climate assessments.

(2) Data showing how leadership is perceived in the unit.

(3) A detailed strategic plan on how leadership plans to address the expressed concerns.

SEC. 563. Service-wide 360 assessments.

(a) Adoption of 360-degree approach.—The Secretary of each military department shall develop an assessment program modeled after the current Department of the Army Multi-Source Assessment and Feedback (MSAF) Program, known in this section as the “360-degree approach”.

(b) Report on inclusion in performance evaluation reports.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of an assessment of the feasibility of including the 360-degree approach as part of the performance evaluation reports.

(c) Individual counseling.—The Secretary of each military department shall include individual counseling as part of the performance evaluation process.

SEC. 564. Health welfare inspections.

The Secretary of each military department shall conduct health welfare inspections on a monthly basis in order to ensure and maintain security, military readiness, good order, and discipline of all units of the Armed Forces under the jurisdiction of the Secretary. Results of the Health Welfare Inspections shall be provided to both the commander and senior commander.

SEC. 565. Review of security of military installations, including barracks and multi-family residences.

(a) Review of security measures.—The Secretary of Defense shall conduct a review of security measures on United States military installations, specifically with regard to barracks and multi-family residences on military installations, for the purpose of ensuring the safety of members of the Armed Forces and their dependents who reside on military installations.

(b) Elements of study.—In conducting the review under subsection (a), the Secretary of Defense shall—

(1) identify security gaps on military installations; and

(2) evaluate the feasibility and effectiveness of using 24-hour electronic monitoring or placing security personnel at all points of entry into barracks and multi-family residences on military installation.

(c) Submission of results.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of the study conducted under subsection (a), including an estimate of the costs—

(1) to eliminate all security gaps identified under subsection (b)(1); and

(2) to provide 24-hour security monitoring as evaluated under subsection (b)(2).

SEC. 566. Enhancement of mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses.

(a) Improvement of information available to members of the Armed Forces about correlation.—

(1) IN GENERAL.—The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable, make information on civilian credentialing opportunities available to members of the Armed Forces beginning with, and at every stage of, training of members for military occupational specialties, in order to permit members—

(A) to evaluate the extent to which such training correlates with the skills and training required in connection with various civilian certifications and licenses; and

(B) to assess the suitability of such training for obtaining or pursuing such civilian certifications and licenses.

(2) COORDINATION WITH TRANSITION GOALS PLANS SUCCESS PROGRAM.—Information shall be made available under paragraph (1) in a manner consistent with the Transition Goals Plans Success (GPS) program.

(3) TYPES OF INFORMATION.—The information made available under paragraph (1) shall include, but not be limited to, the following:

(A) Information on the civilian occupational equivalents of military occupational specialties (MOS).

(B) Information on civilian license or certification requirements, including examination requirements.

(C) Information on the availability and opportunities for use of educational benefits available to members of the Armed Forces, as appropriate, corresponding training, or continuing education that leads to a certification exam in order to provide a pathway to credentialing opportunities.

(4) USE AND ADAPTATION OF CERTAIN PROGRAMS.—In making information available under paragraph (1), the Secretaries of the military departments may use and adapt appropriate portions of the Credentialing Opportunities On-Line (COOL) programs of the Army and the Navy and the Credentialing and Educational Research Tool (CERT) of the Air Force.

(b) Improvement of access of accredited civilian credentialing agencies to military training content.—

(1) IN GENERAL.—The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable consistent with national security requirements, make available to accredited civilian credentialing agencies that issue certifications or licenses, upon request of such agencies, information such as military course training curricula, syllabi, and materials, levels of military advancement attained, and professional skills developed.

(2) CENTRAL REPOSITORY.—The actions taken pursuant to paragraph (1) may include the establishment of a central repository of information on training and training materials provided members in connection with military occupational specialities that is readily accessible by accredited civilian credentialing agencies described in that paragraph in order to meet requests described in that paragraph.

SEC. 567. Use of educational assistance for courses in pursuit of civilian certifications or licenses.

(a) Courses under Department of Defense educational assistance authorities.—

(1) IN GENERAL.—Chapter 101 of title 10, United States Code, is amended by inserting after section 2015 the following new section:

§ 2015a. Civilian certifications and licenses: use of educational assistance for courses in pursuit of civilian certifications or licenses

“(a) Limitation on use of assistance.—In the case of a member of the armed forces who is enrolled in an educational institution in a State for purposes of obtaining employment in an occupation or profession requiring the approval or licensure of a board or agency of that State, educational assistance specified in subsection (b) may be used by the member for a course offered by the educational institution that is a required element of the curriculum to be satisfied to obtain employment in that occupation or profession only if—

“(1) the successful completion of the curriculum fully qualifies a student to—

“(A) take any examination required for entry into the occupation or profession, including satisfying any State or professionally mandated programmatic and specialized accreditation requirements; and

“(B) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the occupation or profession; and

“(2) in the case of State licensing or professionally mandated requirements for entry into the occupation or profession that require specialized accreditation, the curriculum meets the requirement for specialized accreditation through its accreditation or pre-accreditation by an accrediting agency or association recognized by the Secretary of Education or designated by that State as a reliable authority as to the quality or training offered by the institution in that program.

“(b) Covered educational assistance.—The educational assistance specified in this subsection is educational assistance as follows:

“(1) Educational assistance for members of the armed forces under section 2007 and 2015 of this title.

“(2) Educational assistance for persons enlisting for active duty under chapter 106A of this title.

“(3) Educational assistance for members of the armed forces held as captives under section 2183 of this title.

“(4) Educational assistance for members of the Selected Reserve under chapter 1606 of this title.

“(5) Educational assistance for reserve component members supporting contingency operations and other operations under chapter 1607 of this title.

“(6) Such other educational assistance provided members of the armed force under the laws the administered by the Secretary of Defense or the Secretaries of the military departments as the Secretary of Defense shall designate for purposes of this section.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2015 the following new item:


“2015a. Civilian certifications and licenses: use of educational assistance for courses in pursuit of civilian certifications or licenses.”.

(b) Effective date.—The amendments made by this section shall take effect on August 1, 2014, and shall apply with respect to courses pursued on or after that date.

SEC. 568. Requirement to continue provision of tuition assistance for members of the Armed Forces.

The Secretary of each military department shall carry out tuition assistance programs for members of an Armed Force under the jurisdiction of that Secretary during fiscal year 2014 using an amount not less than the sum of any amounts appropriated or otherwise made available for tuition assistance for members of that Armed Force for fiscal year 2014.

SEC. 569. Internet access for members of the Army, Navy, Air Force, and Marine Corps serving in combat zones.

(a) Provision of internet access requirement.—The Secretaries of the military departments shall ensure that members of the Army, Navy, Air Force, and Marine Corps who are deployed in an area for which imminent danger pay or hazardous duty pay is authorized under section 310 or 351 of title 37, United States Code, have reasonable access to the Internet in order to permit the members—

(1) to engage in video-conferencing and other communication with their families and friends; and

(2) to enjoy the educational and recreational capabilities of the Internet via websites approved by the Secretary concerned.

(b) Waiver authority.—The Secretary of a military department may waive the requirement imposed by subsection (a) for an area, or for certain time periods in an area, if the Secretary determines that the security environment of the area does not reasonably allow for recreational Internet use.

(c) No charge for access and use.—Internet access and use shall be provided to members under this section without charge.

(d) Effective date.—The requirement imposed by subsection (a) shall take effect on January 1, 2014.

SEC. 570. Report on the Troops to Teachers program.