H.R.1960 - National Defense Authorization Act for Fiscal Year 2014113th Congress (2013-2014)
|Sponsor:||Rep. McKeon, Howard P. "Buck" [R-CA-25] (Introduced 05/14/2013)(by request)|
|Committees:||House - Armed Services|
|Committee Reports:||House Report 113-102,Part 1; House Report 113-102,Part 2|
|Latest Action:||07/08/2013 Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 126. (All Actions)|
|Major Recorded Votes:||06/14/2013 : Passed House|
|Notes:||For further action, see H.R.3304, which became Public Law 113-66 on 12/26/2013.|
This bill has the status Passed House
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Summary: H.R.1960 — 113th Congress (2013-2014)All Bill Information (Except Text)
Passed House amended (06/14/2013)
National Defense Authorization Act for Fiscal Year 2014 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2014 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table set forth in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Prohibits more than 75% of FY2014 funds authorized for the Stryker vehicle program from being obligated or expended until 15 days after the Secretary of the Army reports to the congressional defense and appropriations committees on the status of the Stryker vehicle spare parts inventory in Auburn, Washington.
Subtitle C: Navy Programs - (Sec. 121) Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of E-2D aircraft and related mission equipment.
(Sec. 122) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to increase specified cost limits for the lead ship and follow-on ships in the CVN-78 class of aircraft carriers. Includes as an additional justification for cost increases under such program costs attributable to the shipboard test program.
Subtitle D: Air Force Programs - (Sec. 131) Authorizes the Secretary of the Air Force, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of multiple variants of C-130J aircraft for the Navy and Air Force.
(Sec. 132) Prohibits the Secretary of the Air Force from canceling or modifying the avionics modernization program of record for C-130 aircraft.
(Sec. 133) Requires the Secretary of the Air Force to maintain each KC-135R aircraft that is retired in such a condition as to allow its recall to future service in the Air Force Reserve, Air National Guard, or active forces aerial refueling. Provides an exception. Allows such Secretary to waive such requirement with respect to one retired KC-135R aircraft for each KC-46A aircraft that is delivered to the Air Force when the Commander of the Air Mobility Command certifies it as mission capable.
(Sec. 134) Directs the Secretary of the Air Force to: (1) 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, and (2) report and brief specified congressional committees on such plan. Directs the Comptroller General (CG) to review the plan and provide a review briefing to such committees.
Subtitle E: Defense-Wide, Joint, and Multiservice Matters - (Sec. 141) Authorizes the Director of the Missile Defense Agency (MDA), beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of 14 ground-based interceptors.
(Sec. 142) Authorizes the Secretary of Defense (Secretary), beginning with the FY2014 program year, to enter into one or more multiyear, multi-vehicle contracts for the procurement of core tactical wheeled vehicles. Requires the Secretary to notify the defense and appropriations committees of whether the Secretary will enter into such a contract and, if not, of an explanation therefor. Requires the Secretary, for each fiscal year in which a contract is entered, to report to Congress on such procurements and the cost savings achieved. Terminates such contract authority at the end of FY2018.
(Sec. 143) Prohibits any FY2014 DOD funds from being used to retire, prepare to retire, or place in storage an RQ-4 Block 30 Global Hawk unmanned aircraft system. Requires the Secretary of the Air Force, during the period preceding December 31, 2016, to maintain the operational capability of each such aircraft belonging or delivered to the Air Force.
(Sec. 144) Directs the Secretary to ensure that: (1) personal protection equipment is procured using funds authorized under this title and specified in the funding table in Division D; and (2) in the budget materials submitted to the President, a separate, dedicated procurement line item is designated within each military department procurement account for such equipment.
(Sec. 145) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to repeal certain report requirements with respect to a system management plan for the F-35 joint strike fighter aircraft program.
(Sec. 146) Directs the Secretary to contract with a federally funded research and development center for a study to identify and assess alternative means for stimulating competition and innovation in the personal protection equipment industrial base.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2014 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Prohibits Army funds authorized for the engineering and manufacturing phase for the ground combat vehicle program from being obligated or expended until 30 days after the Secretary of the Army submits an independent assessment of the documentation for such vehicle, as well as a certification as to program attributes.
(Sec. 212) Prohibits the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) from awarding a technology development contract with respect to the unmanned carrier-launched surveillance and strike system program until 30 days after the Under Secretary certifies 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.
(Sec. 213) Prohibits the obligation or expenditure of more than 50% of the funds authorized for Air Force logistics information technology until 30 days after the Secretary of the Air Force reports on how such systems will be modernized and updated following the cancellation of the expeditionary combat support system.
(Sec. 214) Prohibits the obligation or expenditure of more than 90% of the funds authorized for Air Force defensive cyberspace operations until 30 days after the Secretary of the Air Force reports n the Application Software Assurance Center of Excellence.
(Sec. 215) Prohibits the obligation or expenditure of more than 50% of the funds authorized for the precision extended range munition program until the Under Secretary certifies to the defense and appropriations committees concerning the necessity of such program and that a sufficient business case exists to proceed with the development and production of such program.
(Sec. 216) Prohibits the obligation or expenditure of more than 75% of the funds authorized for future biometric architectures or systems until the Secretary submits an assessment of the future program structure for biometrics oversight and execution and requirements for biometrics enabling capability.
(Sec. 217) Requires the Secretary of the Navy to demonstrate certain aerial refueling capabilities with respect to the X-47B unmanned combat air system aircraft.
(Sec. 218) Requires the Secretary of the Air Force to develop a follow-on air-launched cruise missile to the AGM-86 with specified operational and internal carriage and employment capabilities.
(Sec. 219) Directs the Under Secretary to establish an independent team to review the development of software for the F-35 aircraft program.
(Sec. 220) Requires, in DOD budget materials for FY2015 and thereafter, each capability component within the distributed common ground system program to be set forth as a separate project code and each project official to submit supporting justification for the project code. Directs the Under Secretary to analyze the commercial link analysis tools that are compliant with intelligence community data standards and that could be used to meet the requirements of such program. Requires the Under Secretary, upon determining that one or more analysis tools could meet such requirements, to conduct a competition for the acquisition of such tools.
(Sec. 221) Prohibits the Secretary of the Army from cancelling the individual carbine program unless such Secretary: (1) completes the Phase III down-select and user-evaluation phase of the individual carbine competitors, (2) conducts the required business case analysis of such program, and (3) submits the results of the evaluation and analysis.
(Sec. 222) Directs the Secretary of the Navy to ensure that each future-years defense program submitted to Congress for FY2018-FY2028 includes a funding line and fielding plan for a Navy laser weapon system with respect to such fiscal years. Allows such Secretary to waive such requirement upon written justification to the defense and appropriations committees.
(Sec. 223) Expresses the sense of Congress that the Secretaries of Defense and the Navy should 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 commitment in sea-based strategic deterrence.
(Sec. 224) Expresses the sense of Congress that: (1) the Secretary of the Air Force should pursue both near- and long-term high power microwave weapon systems, and (2) such development should not prohibit or divert resources from an analysis of alternatives to a cruise missile-delivered high power microwave weapon.
(Sec. 225) Prohibits the obligation or expenditure of more than 50% of the funding for the space-based infrared systems space modernization initiative wide-field-of-view testbed until the Executive Agent for Space of DOD certifies to the defense and appropriations committees that the Secretary is carrying out the Operationally Responsive Space Program Office in accordance with federal requirements.
Subtitle C: Missile Defense Programs - (Sec. 231) Prohibits FY2014 DOD funds from being obligated or expended for the medium extended air defense system (MEADS). Prohibits the Secretary from carrying out actions relating to MEADS harvesting technology until 120 days after notifying the defense and appropriations committees of such intent. Requires a report from the Secretary of the Army to such committees on the opportunities to harvest such technology in order to modernize the various air and missile defense systems and integrated architecture of the Army.
(Sec. 232) Directs the MDA to construct and make operational in FY2018 an additional homeland missile defense site, designed to complement existing sites in Alaska and California, to deal more effectively with long-range ballistic missile threats from the Middle East. Requires the MDA Director to report to Congress on such site and its required funding.
(Sec. 233) Prohibits any DOD funds for FY2014 or thereafter from being obligated or expended to remove U.S. missile defense equipment from East Asia until 180 days after the President has certified to the defense and appropriations committees with respect to the dismantlement of nuclear weapons and ballistic missile programs by East Asia countries that pose a threat to U.S. allies in the area. Authorizes the President to waive such prohibition in the national security interest, after congressional notification and justification. Provides a prohibition exception with respect to Navy destroyers and cruisers equipped with the Aegis ballistic missile defense (BMD) system.
(Sec. 234) Requires the MDA Director to ensure that each cost estimate included in a BMD acquisition baseline includes all operational support costs for which the Director is responsible. Requires the Director to: (1) include in each baseline whether the underlying cost estimates meet the CG's criteria for a high-quality estimate, and (2) report on MDA plans and schedules to meet such estimate requirements.
(Sec. 235) Requires the MDA Director to: (1) perform an analysis of alternatives for a successor to the precision tracking space system, (2) compare the advantages and disadvantages of developing with other federal departments and agencies space systems that are multi-mission, and (3) submit to the defense and appropriations committees the terms of reference for the analysis of alternatives.
(Sec. 236) Directs the MDA Director and the Commander of the United States Northern Command to jointly: (1) develop options and a plan to achieve an organic kill assessment capability for the ground-based midcourse defense system by the end of 2019, and (2) develop an interim capability for improved hit assessment for such system that can be integrated into near-term enhanced kill vehicle upgrades and refurbishment.
(Sec. 237) Earmarks specified FY2014 RDT&E funds for enhancing the capability for producing the Iron Dome short-range rocket defense program in the United States.
(Sec. 238) Directs the President to consult with the North Atlantic Council and the Secretary General of the North Atlantic Treaty Organization (NATO) on the funding of the phased, adaptive approach to missile defense in Europe and on establishing a plan for NATO to provide at least 50% of the infrastructure and operation and maintenance costs of phase I of such approach. Requires the President to report semiannually to the defense, appropriations, and foreign relations committees on the funding provided by NATO for such purpose.
(Sec. 239) Expresses the sense of Congress that the Secretary should not procure a Capability Enhancement II exoatmospheric kill vehicle for deployment until after a successful operational flight test has occurred, unless such procurement is for test assets or to maintain a warm line for the industrial base.
(Sec. 240) Expresses the sense of Congress: (1) recognizing the inspiring leadership of Ronald Reagan on the 30th anniversary of the Strategic Defense Initiative; (2) that it is imperative that the United States continue fielding a robust missile defense system, including additional ground-based interceptors; and (3) in support of continued investments in future missile defense capabilities and emerging technologies such as directed energy and railguns.
(Sec. 241) Directs the Secretary to preserve each current intercontinental ballistic missile (ICBM) silo that contains a deployed missile in 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) Expresses 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) such missile defenses are central to the defense of the homeland from ballistic missile threats, and should not be traded away for the prospects of nuclear arms reductions with Russia, China, or any other foreign country.
Subtitle D: Reports - (Sec. 251) Directs the CG, through March 1, 2018, to annually review and report the amphibious combat vehicle acquisition program.
(Sec. 252) Directs the Secretary to report to on the comprehensive research and development strategy to achieve significant reductions in the weight of body armor.
(Sec. 253) Requires the Secretary of the Army to report on the investment strategy to accelerate fuel efficiency improvements to the current engine and transmission of the M1 Abrams series main battle tank.
(Sec. 254) Directs the Secretary to report on the powered rail system compared to currently fielded solutions.
(Sec. 255) Requires a report from the Secretary to the defense and appropriations committees assessing the success of the science, mathematics, and research for transformation scholarship program or related scholarship or fellowship programs within DOD.
Subtitle E: Other Matters - (Sec. 261) Establishes in DOD a Cryptographic Modernization Review and Advisory Board to review and assess the cryptographic modernization activities of DOD and advise the Secretary with respect to such activities.
(Sec. 262) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 1995 to allow a state to participate in the defense experimental program to stimulate competitive research if it is eligible for a similar program under the National Science Foundation Authorization Act of 1988.
(Sec. 263) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to allow funds for specific defense laboratory infrastructure revitalization projects to remain available until expended (without fiscal year limits). Allows funds to be available for such projects only if the defense and appropriations committees receive notification of the total project cost before project commencement. Allows funds to be accumulated for such projects only after the date of enactment of this Act and for up to five years. Limits per-project costs to $4 million. Extends project authority through FY2020.
(Sec. 264) Extends through FY2018 DOD authority to award prizes for advanced technology achievements.
(Sec. 265) Amends the Skelton Act to extend until October 1, 2020, the pilot program to include technology protection features during the research and development of designated defense systems.
(Sec. 266) Directs the Secretary to brief the defense committees on power and energy research conducted at university-affiliated research centers.
(Sec. 267) Prohibits the Secretary or the head of any other federal department or agency from finalizing any decision regarding new land use activity on federal test ranges currently used for activities determined to be critical to national security unless the Secretary of the military department concerned (Secretary concerned) approves such activity in writing.
(Sec. 268) Requires a report from the Under Secretary to the defense committees on the necessary infrastructure and related processes for the use of canines as stand-off detection of explosives and explosive precursors.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2014 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
(Sec. 302) Increases the amounts authorized for FY2014 for Marine Security Guard and Crisis Response Force O&M, with corresponding offsets to Army O&M.
Subtitle B: Energy and Environment - (Sec. 311) Provides an alternative deadline for required annual DOD reports on proposed budgets for activities relating to operational energy strategy.
(Sec. 312) Permits recipients of funds under interagency conservation cooperation agreements or under the Sikes Act (conservation programs on federal lands) to use such funds for matching funds or cost-sharing requirements of conservation programs of the Departments of Agriculture or the Interior. Terminates the cooperative agreement authority on October 1, 2019, while allowing agreements entered into before such date to continue through their full term.
(Sec. 313) Reauthorizes the Sikes Act through FY2019.
(Sec. 314) Amends the Sikes Act to authorize lump-sum payments under cooperative agreements for land management related to DOD military readiness activities. Allows such agreements to be used to acquire property and services for the direct benefit or use of the government. Provides limitations on funds used for conservation or rehabilitation of natural resources in an area that is not on a military installation. Requires the DOD Inspector General to annually audit each such project. Terminates this section on October 1, 2019, while allowing agreements entered into before such date to continue through their full term.
(Sec. 315) Amends the Toxic Substances Control Act to exclude from its definition of "chemical substance" any component of an article including shot, bullets and other projectiles, propellants when manufactured for or used in such an article, and primers.
(Sec. 316) Makes inapplicable to DOD certain alternative or synthetic fuel procurement requirements of the Energy Independence and Security Act of 2007.
(Sec. 317) Includes within the definition of "covered waste" for purposes of the DOD prohibition against disposal of certain waste in open-air burn pits:
- treated wood;
- plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream;
- munitions and explosives;
- compressed gas cylinders, unless empty with valves removed;
- fuel containers, unless completely evacuated of contents;
- aerosol cans;
- polychlorinated biphenyls;
- petroleum, oils, and lubricants products (other than waste fuel for initial combustion);
- foam tent material; and
- any item containing any of such materials.
(Sec. 318) Prohibits the Secretary from contracting for the planning, design, refurbishing, or construction of a biofuels refinery unless such activity is specifically authorized by law.
(Sec. 319) Prohibits DOD funds from being used to purchase or produce biofuels until the earlier of the date on which: (1) the cost of the biofuels is equal to the cost of conventional fuels purchased by DOD, or (2) the Budget Control Act of 2011 and its sequestration are no longer in effect. Provides exceptions.
(Sec. 320) Directs the Secretary to establish Southern Sea Otter Military Readiness Areas for national defense purposes (thereby conserving the southern sea otter [otter] in such Areas while allowing reasonable military readiness activities). Allows certain incidental otter takings in such Areas in the course of a military readiness activity, while authorizing the Secretary of the Interior to revise or terminate such takings upon determining that the military activities are substantially impeding otter conservation or the return of such otters to optimum sustainable levels. Directs the Secretary of the Navy to: (1) monitor the Areas to evaluate otter status, and (2) report on such monitoring every three years to Congress and the public.
Subtitle C: Logistics and Sustainment - (Sec. 321) Directs the Secretary of the Navy to submit to the CG and the defense and appropriations committees a strategic sustainment plan for the littoral combat ship.
(Sec. 322) Directs the Secretary to: (1) review current and expected manufacturing requirements across DOD to identify critical manufacturing competencies, supplies, components, end items, parts, assemblies, and sub-assemblies for which no or a limited domestic commercial source exists; and (2) brief the defense and appropriations committees on review results.
(Sec. 323) Requires a program executive officer or program manager of a military service or defense, when undertaking a make-or-buy analysis, to solicit information from all U.S.-owned arsenals regarding the capability of that arsenal to fulfill the manufacturing requirement. Requires such officer or manager to allow an arsenal to submit a material solution in response to the requirement.
(Sec. 324) Prohibits any DOD function performed by DOD civilian employees and tied to a certain military base from being converted to performance by a contractor until the Secretary conducts an assessment to determine if DOD has carried out sufficient outreach programs to assist small businesses owned and controlled by women or socially and economically disadvantaged individuals that are located in the geographic area near the military base.
Subtitle D: Reports - (Sec. 331) Requires each DOD report concerning personnel and unit readiness to include an assessment: (1) by each commander of a combatant command of that command's ability to successfully execute its assigned missions, (2) by the Chairman of the Joint Chiefs of Staff (JCS) 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,"and (3) by the Secretary of the military readiness of the combat support agencies.
(Sec. 332) Amends the Warner Act to repeal an annual CG report on Army progress in moving to a modular force design.
(Sec. 333) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to increase the information technology capital assets threshold for required report purposes.
(Sec. 334) Directs the Secretary to: (1) review existing DOD records to determine and describe the historical use of military munitions and training on the islands of Vieques and Culebra, Puerto Rico, and their nearby cays and waters; and (2) submit to the defense committees and the public a report detailing review findings and determinations.
Subtitle E: Limitations and Extensions of Authority - (Sec. 341) Prohibits the Secretary of the Air Force from reducing the force structure at Lajes Air Force Base, Azores, below that of the October 1, 2013, level until 30 days after the Secretary of Defense concludes the European Infrastructure Consolidation Assessment initiated on January 25, 2013, and briefs the defense and appropriations committees on such Assessment.
(Sec. 342) Prohibits the use of FY2014-FY2015 DOD funds for the performance of flight demonstration teams at any location outside the United States.
Subtitle F: Other Matters - (Sec. 351) States as the policy of the United States that, by no later than October 1, 2018, the Secretary shall require all military services to use a joint combat camouflage uniform, including color and pattern variants designed for specific combat environments. Prohibits the adoption of individual military service camouflage uniforms except under specific limited circumstances. Provides prohibition exceptions and authorizes the Secretary to waive the prohibition after certifying to Congress that exceptional circumstances require the development or fielding of a new combat camouflage uniform.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2014.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2014 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2014 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2014 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2014.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2014 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Reduces by 14 total the number of general and flag officers among the military departments authorized to perform joint duty assignments. Makes such reductions effective as of October 1, 2014.
Subtitle B: Reserve Component Management - (Sec. 511) Requires the Secretary concerned to provide to members of the reserves at least 120 days' advance notice of either an active-duty deployment in connection with a contingency operation or a cancellation, postponement, or other change in such a deployment. Requires the appropriate Secretary to notify the defense committees of any failure to provide such notification and the reasons therefor.
(Sec. 512) Makes procedures for the board consideration for early removal of officers from the reserve active-status list the same as procedures for the consideration of early removal of officers from active duty (thus allowing officers with approved voluntary or involuntary retirements to be excluded from consideration for early removal from the reserve active-status list).
(Sec. 513) Authorizes the Secretaries of the Army and Air Force, between October 1, 2013, and December 31, 2018, to maintain an active status and an inactive status list of members in the inactive National Guard of each such department. Limits to 4,000 the number of members that can be maintained on the active status list at any time, and to 10,000 the total number of members on both lists. Requires the Secretary of Defense, before the exercise of such authority, to submit to the defense committees the implementation guidance for such authority. Provides additional authority to transfer enlisted personnel to such lists. Directs the Secretary to commission an independent study of the effectiveness of using an active status list for the inactive National Guard to improve the readiness of the Army and Air National Guards.
(Sec. 514) Requires the Secretary to review the general and flag officer requirements for members of the reserves in an active status.
(Sec. 515) Directs the Secretary to study the feasibility of establishing a unit of the National Guard in each of American Samoa and the Commonwealth of the Mariana Islands.
(Sec. 516) Makes a state student cadet corps eligible for DOD assistance to certain youth and charitable organizations.
Subtitle C: General Service Authorities - (Sec. 521) Requires the Secretary to review improvements to the Integrated Disability Evaluation System, as well as its backlog of cases with respect to reserve members.
(Sec. 522) Requires the Secretary to: (1) direct the Secretaries of the military departments to verify and track the compliance of their commanding officers in conducting organizational climate assessments as required under the NDAA for Fiscal Year 2013, and (2) report on the progress of developing a system that will verify and track such compliance.
(Sec. 523) Directs the Secretary to ensure continuous, designated military command responsibility and accountability for the care, handling, and transportation of the remains of each deceased member of the Armed Forces who died outside the United States, beginning with the initial recovery of the remains, through the defense mortuary system, and until their interment or acceptance by the person designated to accept such remains.
(Sec. 524) Requires DOD's Transition Assistance Program (employment and job training assistance and related services for members being separated from active duty and their spouses) to include: (1) information about disability-related employment and education protections, (2) instruction in the use of educational assistance entitlements, (3) instruction on the financing of post-secondary education, and (4) information on benefits provided under laws administered by the Secretary of Veterans Affairs (VA) and in other subjects determined by the Secretary concerned.
Requires the VA Secretary to submit to the veterans committees the results of a study of the feasibility of providing veterans' benefits instruction at all overseas locations where such instruction is provided through a joint contract with the Secretary of Labor.
(Sec. 525) Allows any member of the Armed Forces (member) adversely affected by a records correction final decision to obtain judicial review of such decision, as long as all possible administrative remedies have been exhausted (including final decision by the Secretary concerned). Provides that, in a military whistleblower case, as long as the member has received a final decision by the Secretary concerned, he or she may obtain judicial review before seeking review by the Secretary of Defense (an option in such cases). Provides a six-year statute of limitations for the judicial review of final decisions. Requires the Secretary concerned (or the Secretary of Defense, with respect to a whistleblower case), after a final decision, to notify the member of his or her right to judicial review.
(Sec. 526) Amends the NDAA for Fiscal Year 1994 to add definitions of "gender-neutral occupational standard" and "military career designator" and apply such definitions to provisions concerning military gender-neutral occupational performance standards.
(Sec. 527) Revises military whistleblower protection provisions to include as a prohibited retaliatory personnel action a significant change in a member's duties, responsibilities, or working conditions. Requires the inspector general of the military department concerned to investigate allegations of a violation of any law, rule, or regulation, including those prohibiting rape, sexual assault, or other sexual misconduct under provisions of the Uniform Code of Military Justice (UCMJ). Provides that neither an initial determination of whether a prohibited personnel retaliatory action was taken against a member for such a communication nor a subsequent investigation is required in the case of an allegation made more than one year (under current law, 60 days) after the member first becomes aware of the personnel action.
Requires reports by inspectors general of the military departments concerned concerning prohibited retaliatory personnel actions to: (1) be submitted to the Secretary concerned (under current law, to the Secretary of Defense); and (2) include an explicit determination as to whether a prohibited personnel action has occurred and recommendations for disposition of the complaint, including appropriate corrective action. Requires any such corrective action to occur within 30 days after the receipt of such report. Requires the Secretary of Homeland Security (with respect to the Coast Guard) and the Secretary concerned, when determining not to take a recommended corrective action, to notify the Secretary, the defense committees, and the member of such determination and the reasons therefor. Requires (under current law, allows) the appropriate correction of military records upon the request of a member for whom a prohibited action determination has been made.
Specifies the burdens of proof with respect to military whistleblower protection investigations and determinations.
(Sec. 528) Repeals a current exception to a required medical examination regarding post-traumatic stress disorder (PTSD) or traumatic brain injury in connection with the administrative discharge of a member in the case of a member facing court-martial or other proceedings under the UCMJ.
(Sec. 529) Allows a military chaplain, if called upon to lead a prayer outside of a religious service, to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.
(Sec. 530) Amends the NDAA for Fiscal Year 2013 to include, as protected religious beliefs of members and chaplains, the protection of religious actions and speech. Allows disciplinary action only for beliefs, action, or speech that actually harm (under current law, that threaten) good order and discipline.
(Sec. 530A) Requires the Secretary to ensure members' rights and responsibilities regarding protection from and response to sexual misconduct or criminal behavior in the workplace.
(Sec. 530B) Requires the DOD Inspector General to review the cases of all members who, since January 1, 2002, were separated after making an unrestricted report of sexual assault.
(Sec. 530C) Directs the Secretary to submit to the defense committees results and data produced during DOD programs and projects to review laws, policies, and regulations that may restrict the military service of female members. Requires the report to be made public.
(Sec. 530D) Expresses the sense of Congress that the military department Secretaries should : (1) no later than September 2015, develop, review, and validate individual gender-neutral occupational standards for assigning members to units, including special operations forces; and (2) no later than January 1, 2016, complete all related assessments.
(Sec. 530E) Requires DOD to provide the defense committees with advance written notice of any meeting to be held between DOE employees and civilians for the purpose of writing, implementing, enforcing, or seeking input regarding military policy related to religious liberty. Requires a report from the Secretary to the defense committees within 72 hours after any such meeting.
(Sec. 530F) Amends the Servicemembers Civil Relief Act to allow any appropriate indicator of military service, including a certified letter from a commanding officer or information from the Defense Manpower Database Center, as proof of service for purposes of interest rate limitations provided to servicemembers under such Act.
(Sec. 530G) Directs the Secretary, in any test, assessment, or screening tool utilized for military recruitment and enlistment under provisions of the NDAA for Fiscal Year 2012, to: (1) implement a means for ensuring that graduates of a secondary school are required to meet the same standards, and (2) use uniform testing requirements and grading standards.
(Sec. 530H) Directs the CG to report to the defense committees on the use by DOD since January 1, 2007, of the authority to separate members due to unfitness for duty based on a mental condition not amounting to disability.
Subtitle D: Military Justice, Including Sexual Assault Prevention and Response - (Sec. 531) Amends the UCMJ to repeal the authority of a convening authority (the person taking action on the findings of a court-martial) to use discretion to either set aside a finding of guilty or change it to a finding of guilty to a lesser included offense (with exceptions). Requires a convening authority, when changing a charge with respect to a minor offense, to prepare a written explanation of such action, which shall be made part of the record.
Prohibits (with limited exceptions) a convening authority from reducing a sentence to less than the mandatory minimum sentence, except to reflect the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense. Requires a convening authority who disapproves, commutes, or suspends a sentence, in whole or in part, to prepare a detailed written explanation therefor, which shall be made part of the record.
(Sec. 532) Eliminates the five-year statute of limitations with respect to UCMJ actions for sexual assault and sexual assault of a child.
(Sec. 533) Requires mandatory dismissal or dishonorable discharge of a person found guilty under the UCMJ of rape, sexual assault, forcible sodomy, or an attempt thereof. Requires the Response Systems Panel (established under the NDAA for Fiscal Year 2013) to: (1) assess the implementation and effect of the mandatory minimum sentences for such offenses, and (2) assess the appropriateness of establishing additional mandatory minimum sentences for other offenses under the UCMJ.
(Sec. 534) Requires the Secretary concerned (under current law, the Secretaries of the military departments) to issue regulations regarding applications for consideration of a change of station or unit transfer submitted by a member-victim of sexual assault.
(Sec. 535) Authorizes the Secretary concerned to provide guidance for commanders with respect to his or her authority to make determinations and take action regarding whether a member serving on active duty who is alleged to have committed a sexual assault or other sex-related offense should be temporarily reassigned or removed from a position of authority or assignment in order to maintain order and discipline within the member's unit. Requires enhanced training for commanders for making such determinations.
(Sec. 536) Directs the Secretary concerned to designate legal counsel (knows as a Victims' Counsel) to provide legal assistance to a member or dependent who is the victim of a sex-related offense, whether the allegation is restricted (confidential) or unrestricted. Requires enhanced training for all military and civilian attorneys providing such assistance. Requires the Secretary, and the Secretary of Homeland Security with respect to the Coast Guard, to report to specified committees on the implementation of such requirements. Provides related assessment requirements of the Response Systems Panel and the Judicial Proceedings Panel (the latter also established under the NDAA for Fiscal Year 2013).
(Sec. 537) Requires the appropriate inspector general to investigate allegations of retaliatory personnel actions taken in response to making protected communications regarding alleged instances of rape, sexual assault, or other forms of sexual misconduct in violation of the UCMJ.
(Sec. 538) Requires the Secretary to report to the defense committees on the roles of commanders in the administration of military justice and the investigation, prosecution, and adjudication of UCMJ offenses.
(Sec. 539) Directs the Secretary to: (1) review the practices of the military criminal investigative organizations with respect to sex-related offenses involving members, including whether they make a recommendation regarding whether the allegation appears founded or unfounded; and (2) develop a uniform policy for the Armed Forces regarding the use of case determinations to record the results of such investigations.
(Sec. 540) Amends the NDAA for Fiscal Year 2012 to require the Secretary to develop a uniform, DOD-wide curriculum to provide sexual assault prevention and response training and education for members and civilian DOD employees.
(Sec. 541) Amends the Skelton Act to require the Secretary to develop necessary qualifications of and training for a member or civilian DOD employee to be selected as a sexual assault response and prevention program manager, sexual assault response coordinator, or sexual assault victim advocate.
Direct the Secretary of each military department to assign at least one Sexual Assault Nurse Examiner-Adult/Adolescent (Examiner) to each brigade or equivalent unit level under that Secretary's jurisdiction, unless assignment to other units is determined to be more practicable and effective by the Secretary of Defense. Allows the assignment of more than one Examiner as necessary based on the demographics or needs of a unit. Allows for the waiver of such assignment for a specific unit level if a department Secretary determines that compliance will impose an undue burden, but requires congressional notification and justification therefor. Requires that, on and after October 1, 2015, only members of the Armed Forces and civilian DOD employees may be assigned as Examiners. Requires appropriate Examiner training and certification.
(Sec. 542) Provide specific rights for victims of offenses under the UCMJ, including the right to: (1) be protected from the accused; (2) reasonable, accurate, and timely notice of any public proceeding involving the offense; (3) not be excluded from such proceeding (with an exception); (4) confer with trial counsel in the case; (5) full and timely restitution; (6) proceedings free from unreasonable delay; and (7) be treated with fairness and respect for the victim's dignity and privacy. Requires the military judge to ensure such rights in any court-martial proceeding. Requires all others involved in the matter to make their best efforts to afford such rights. Provides for the assumption of such rights by a legal guardian, family member, or estate representative in the case of a victim who is under 18 years old, incompetent, incapacitated, or deceased. Directs the Secretary to recommend to the President appropriate changes in the Manual for Courts-Martial and to prescribe regulations for the enforcement of such rights. Requires a related assessment by the Response Systems Panel.
(Sec. 543) Requires that: (1) if a defense counsel in an action under the UCMJ wishes to interview a complaining witness, the interview request must be placed through trial counsel; and (2) if such an interview occurs, it must take place in the presence of the counsel for the witness or a sexual assault victim advocate.
(Sec. 544) Allows a complaining witness to be given an opportunity to submit matters for consideration by the convening authority in the clemency phase of a court-martial. Requires such submission to be made within 10 days after the complaining witness is given a trial record. Allows such period to be extended by up to an additional 20 days for good cause shown.
(Sec. 545) Directs the Secretary and the Secretary of the department in which the Coast Guard is operating to establish and maintain a policy to require the submission by a designated person of a written report no later than eight days after an unrestricted report of sexual assault has been made in which a member is the victim.
(Sec. 546) Directs the Secretary to submit to the President a proposed amendment to rule 306 of the Manual for Courts-Martial (relating to the 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.
(Sec. 547) Directs the Secretary to require commanders to include letters of reprimand, nonpunitive letters of action, and counseling statements involving substantiated cases of sexual harassment or sexual assault in the performance evaluation report of a member under their command.
(Sec. 548) Directs the Secretary and the and the Secretary of the department in which the Coast Guard is operating to establish and maintain a policy to uniformly define and prescribe what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between: (1) a member who is superior in rank to, exercises control over, or supervises a person during entry-level process or training; and (2) a prospective member or member undergoing such processing and training. Makes violators subject to prosecution under the UCMJ. Directs such Secretaries to require the processing for administrative separation of any member described in (1), above, in response to the first substantiated violation of such policy, if the member is not otherwise punitively discharged or dismissed for such violation. Requires the DOD Secretary to submit to the defense committees a proposed UCMJ punitive article regarding such violations.
(Sec. 549) Requires the Response Systems Panel to: (1) assess the impact that removing from the chain of command any disposition authority regarding charges preferred under the UCMJ would have on the overall reporting and prosecution of sexual assault cases, (2) review and provide comment on a required report of the Secretary on the role of military commanders in the military justice process, (3) submit assessment and review results within a currently-required report, and (4) submit its report within one year after its first meeting. Requires related assessments by such Panel and the Judicial Proceedings Panel.
(Sec. 550) Directs the Secretary to conduct a review of DOD's Office of Diversity Management and Equal Opportunity.
(Sec. 550A) Requires, at a minimum, dismissal or dishonorable discharge and confinement for two years of a member of the armed forces found guilty of rape, sexual assault, forcible sodomy, or attempts thereof in violation of the UCMJ.
(Sec. 550B) Directs the Secretary to require the prominent posting of specified resource and contact information relating to sexual assault prevention and response. Requires prompt notification to victims of the availability and forms of assistance.
(Sec. 550C) Establishes the Military Hazing Prevention Oversight Panel to make recommendations to the Secretary concerned on the development of policies, programs, and procedures to prevent and respond to hazing in the Armed Forces and on ways to improve them.
(Sec. 550D) Directs the Secretary to ensure that each of the military service academies adds a section in its ethics curricula that outlines honor, respect, and character development pertaining to the issue of preventing sexual assault in the Armed Forces. Requires such training to be provided within 60 days after the initial arrival of a new cadet or midshipman and to be repeated annually.
(Sec. 550E) Directs the Secretary to inform members, at the earliest time possible, of the policy of instructing an individual to answer "no" to question 21 of the Questionnaire for National Security Positions (concerning whether an individual has had a consultation with a health care professional about an emotional or mental health condition) if a consultation occurred strictly in relation to a sexual assault.
(Sec. 550F) Requires the Secretary to submit to Congress and make publicly available a report on the use of the UCMJ, the Manual for Courts-Martial, and related policies, articles, and regulations with regard to servicemembers living with or at risk of contracting HIV.
(Sec. 550G) Amends the Skelton Act to require specified additional information within an annual DOD report regarding sexual assaults within the military.
Subtitle E: Military Family Readiness - (Sec. 551) Directs that a lapel button be designed, as approved by the Secretary, to identify and recognize the spouse of a member who is serving or has served in a combat zone for more than 30 days. Requires such button to be known as the spouse-of-a-combat-veteran lapel button. Authorizes the Secretary to use appropriated funds to procure such buttons and to provide for their presentation to eligible spouses. States that the 30-day service period shall not apply if the member is killed or wounded before its expiration. Expresses the sense of Congress that, as soon as the buttons become available, the Secretary should: (1) widely announce their availability through military and public information channels; and (2) encourage commanders at all levels to conduct ceremonies recognizing the support provided by such spouses and to use such ceremonies as an opportunity for members to present their spouses with the button.
(Sec. 552) Amends the Servicemembers Civil Relief Act to provide that if a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent-servicemember, the court shall require that upon the return of that servicemember from deployment the custody order that was in effect preceding such deployment shall be reinstated, unless the court finds that reinstatement in not in the child's best interest. Prohibits a servicemember's deployment or possible deployment from being considered in the determination of a child's best interest in a motion seeking a permanent order to modify custody. Provides that under a temporary custody order, if a state law provides a higher standard of protection to the deploying parent-servicemember, the appropriate court shall apply the higher standard.
(Sec. 553) Prohibits the absence of a servicemember from his or her principal place of residence due to active-duty military service from preventing such servicemember from refinancing a mortgage on such residence. Makes such prohibition inapplicable to a servicemember who entered into a refinancing on such residence within the past five years.
(Sec. 554) Authorizes the Commander of the U.S. Special Operations Command, during FY2014-FY2016, to conduct up to three pilot programs to assess the feasibility and benefits of providing family support activities for the immediate family members of members assigned to special operations forces.
(Sec. 555) Expresses the sense of Congress that: (1) the federal government and state governments should make the transition of a member and his or her spouse from military to civilian life as seamless as possible by creating opportunities for them to earn civilian occupational credentials and licenses; (2) the federal government should assist state governments in translating military training and experience into credit towards professional licensing; and (3) state governments should streamline approaches for assessing the equivalency of military training and experience and accelerate occupational licensing processing for members, veterans, and their spouses.
(Sec. 556) Amends the Servicemembers Civil Relief Act to allow a court, in an action to enforce an obligation on real or personal property secured by a mortgage against a servicemember who is or was eligible for hostile fire or imminent danger pay during a period of military service, a servicemember placed on convalescent status, a veteran who was medically discharged and retired, or the surviving spouse of a member who died during military service, to stay such proceedings for a specified period (generally, one year after the event for which the individual became covered). Requires such court to stay such proceedings for such period upon application by any such individual. Prohibits the sale, foreclosure, or seizure of the subject property during such period, except upon a court order or pursuant to an agreement authorized under such Act. Requires the individual so covered to notify the mortgagee, trustee, or other creditor of such coverage. Provides a criminal penalty for violations of the sale, foreclosure, or seizure prohibitions and increases current civil penalties for mortgage violations under the Act.
Prohibits an individual from being denied or refused credit solely by reason of eligibility for relief under this section. Requires each lending institution acting as a creditor to such servicemember, veteran, or surviving spouse to designate an employee responsible for ensuring the institution's compliance with the requirements of this Act. Requires any such institution that had prior annual assets of $10 billion or more to maintain on its primary website a toll-free number for information concerning such requirements.
Extends through March 1, 2017 (under current law, November 30, 2016) a limitation on the use of a veteran's pension to pay for the cost of VA nursing home care for a veteran having neither a spouse nor child.
(Sec. 557) Directs that a lapel button be designed, as approved by the Secretary, to identify and recognize the dependent of a member who is serving or has served in a combat zone for more than 30 days. Requires such button to be known as the dependent-of-a-combat-veteran lapel button. Authorizes the Secretary to use appropriated funds to procure such buttons and to provide for their presentation to eligible dependents. States that the 30-day service period shall not apply if the member is killed or wounded before its expiration.
Subtitle F: Education and Training Opportunities and Wellness - (Sec. 561) Authorizes the Secretary concerned to establish and maintain a unit of the Junior Reserve Officers' Training Corps (JROTC) at a secondary institution in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau, as long as such institutions meet other requirements.
(Sec. 562) Directs the Secretary to ensure that the results of command climate assessments are provided to the relevant individual commander and to the next higher level of command. Requires each military department Secretary to include in performance evaluations and assessments a designated form where senior commanders can indicate whether the commander has conducted the required climate assessments. Requires a commander's failure to conduct any such assessment to be noted in his or her performance evaluation and considered a serious factor in promotion consideration. Directs the DOD Inspector General to develop a system to track whether commanders are conducting such assessments. Requires each unit commander to gather all unit climate assessments and develop a compliance report.
(Sec. 563) Directs: (1) each department Secretary to develop an assessment program modeled after the current Army multi-source assessment and feedback program (known as the 360-degree approach), and (2) the DOD Secretary to submit to Congress an assessment of the feasibility of including such approach within performance evaluation reports.
(Sec. 564) Directs each department Secretary to conduct health welfare inspections on a monthly basis in order to ensure and maintain security, military readiness, good order, and discipline of all units under his or her command.
(Sec. 565) Requires the Secretary to review security measures on U.S. military installations with regard to barracks and multi-family residences.
(Sec. 566) Directs the department Secretaries to make information on civilian credentialing opportunities available to members beginning with, and at every stage of, their training for military occupational specialities, in order to permit such members to: (1) evaluate the extent to which such training correlates with skills and training required for various civilian certifications and licenses, and (2) assess the suitability of such training for obtaining and pursuing such certifications and licenses. Requires the information made available to: (1) be consistent with the Transition Goals Plans Success program, and (2) include information on the civilian occupational equivalents of military occupational specialties. Requires such Secretaries to make available to civilian credentialing agencies specified information on the content of military training provided to members.
(Sec. 567) Allows members or veterans to use educational assistance provided through DOD or the VA in pursuit of a civilian certification or license only if the successful completion of a curriculum fully qualifies such student to take the appropriate examination and to be certified or licensed to meet any other academic conditions required for entry into that occupation or profession.
(Sec. 568) Directs the Secretary of each military department to carry out tuition assistance programs for members during FY2014.
(Sec. 569) Requires such Secretaries to ensure that members deployed in an area for which imminent danger or hazardous duty pay is authorized have Internet access to: (1) engage in videoconferencing and other communication with their families and friends, and (2) enjoy the educational and recreational opportunities and capabilities of the Internet through approved websites. Allows the Secretary concerned to waive such requirement for security purposes. Prohibits charging members for such service.
(Sec. 570) Requires a report from the Secretary to the defense committees on the troops-to-teachers program.
(Sec. 570A) Directs the Secretary to report to Congress on the feasibility of requiring automatic operation of the current prohibition on the accrual of interest on direct student loans for certain military personnel.
Subtitle G: Defense Dependents' Education - (Sec. 571) Earmarks specified DOD O&M funds for assistance to local educational agencies: (1) that benefit a significant number of dependents of members and civilian DOD employees; and (2) with enrollment changes due to base closures, force structure changes, or force relocations.
(Sec. 572) Directs the Secretary to make grants to nonprofit organizations that provide services to improve the academic achievement of military dependent students.
(Sec. 573) Requires tuition payments received by DOD for the enrollment of military and DOD civilian employee dependents in defense dependent elementary and secondary schools to be credited to an account designated for operation of the DOD virtual educational program.
Subtitle H: Decorations and Awards - (Sec. 581) Amends the federal criminal code to rewrite provisions relating to fraudulent claims about military service to subject to a fine, imprisonment for not more than one year, or both an individual who, with intent to obtain money, property, or other tangible benefit, fraudulently holds himself or herself out to be a recipient of:
- a Congressional Medal of Honor,
- a distinguished-service cross,
- a Navy cross,
- an Air Force cross,
- a Silver star,
- a Purple Heart,
- a Combat Infantryman's Badge,
- a Combat Action Badge,
- a Combat Medical Badge,
- a Combat Action Ribbon,
- a Combat Action Medal, or
- any replacement or duplicate for such medals as authorized by law.
(Sec. 582) Authorizes a member to receive more than one Medal of Honor.
(Sec. 583) Changes the time limits for recommending (from two years to three years after the distinguished service) and awarding (from three years to five years after the date of the act justifying the award) a Medal of Honor, Service Cross, or Distinguished Service Medal to members of the Army and Air Force (thereby standardizing such limits for all military departments).
(Sec. 584) Establishes in each military department and the Coast Guard the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. Directs: (1) the Secretary concerned to enter and record on such Honor Roll each person who has been awarded a Medal of Honor, and (2) each person listed to be issued a certificate of enrollment. Entitles listed individuals to a special pension of $1,000 a month. Allows such an individual to elect to decline the special pension.
(Sec. 585) Directs the Secretary concerned to award the Purple Heart to members killed or wounded in the attacks that occurred at the recruiting station in Little Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on November 5, 2009. Provides an exception for a member whose wound was the result of willful misconduct.
(Sec. 586) Authorizes the Secretary of the Army to award the Army Combat Action Badge to any member of the Army who participated in combat during which the person actually engaged, or was personally engaged by, the enemy at any time between December 7, 1941, and September 18, 2001, as long as such person has not been previously recognized for such participation.
(Sec. 587) Directs the Secretary of the Navy to submit to the defense committees the Navy's review, findings, and actions pertaining to the Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta.
(Sec. 588) Authorizes and requests the Secretary of the Army to award the Distinguished Service Cross to Sergeant First Class Robert F. Keiser for acts of valor during the Korean War.
(Sec. 589) Requires the metal content of the Medal of Honor to be 90% gold and 10% alloy. Makes such requirement inapplicable with respect to the issuance of a duplicate Medal.
(Sec. 590) Directs the Secretary of the Army to consider the nominations for the Silver Star Award for retired Master Sergeants Michael McElhiney, Ronnie Raikes, and Gilbert Magallanes, and for Staff Sergeant Wesley McGirr.
(Sec. 590A) Directs the Secretary of the Army to submit to the defense committees the results of the Army's review, findings, and actions pertaining to the Medal of Honor nomination of Captain William L. Albracht.
(Sec. 590B) Directs the Secretary concerned, when recipients of certain military decorations or medals (or in some cases, their immediate next of kin) request a replacement of such decoration (e.g., when the original medal is lost, stolen, or destroyed), to ensure that: (1) all actions to be taken with respect to the request, including verification of the service record of the recipient, are completed within one year; and (2) the replacement is mailed to the person making the request within 60 days after such verification.
Directs the Secretary of Defense to submit to the defense and appropriations committees: (1) an annual report regarding compliance by the military departments with such replacement performance standards; and (2) a plan to implement such standards, including an estimate of FY2015 funds necessary to meet or exceed such standards.
(Sec. 590C) Authorizes and requests the President to award the Medal of Honor to then First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War.
Subtitle I: Other Matters - (Sec. 591) Reflects the name change of North Georgia College and State University (a senior military college) to the University of North Georgia.
(Sec. 592) Authorizes the Secretary of the Army to contract with an appropriate entity for the provision of transportation, interpretative, or other necessary or appropriate concession services to visitors at the Army National Military Cemeteries. Authorizes a contract for up to a 10-year period, with an authorized 10-year extension. Requires all franchise fees to be deposited into a special account to be used to support activities there.
(Sec. 593) Establishes the Commission on Military Behavioral Health and Disciplinary Issues to study the adequacy of DOD mechanisms for disciplinary military personnel action in addressing the behavioral impact of service-connected mental disorders and traumatic brain injury.
(Sec. 594) Establishes the Commission on Service to the Nation to study: (1) the effect of warfare on members, their families, and their community; (2) the outgoing experience and transition between military and civilian life; and (3) the gaps between the military and those Americans who do not participate directly in the military community.
(Sec. 595) Directs the Secretary to establish an electronic means by which Ready Reserve members can track their operational active-duty service performed after January 28, 2008, for purposes of early reserve retirement credit.
(Sec. 596) Allows members not in uniform and veterans to render the military salute during the recitation of the pledge of allegiance.
(Sec. 597) Directs the Secretary to make the service treatment records, personal records, unit records, and medical records (service records) of each member available to the VA Secretary in an electronic format. Provides post-discharge or release timelines for such availability. Requires each service record provided to include a DOD certification of its completeness. Deems such service record release a permitted disclosure under requirements of the Health Insurance Portability and Accountability Act of 1996.
(Sec. 598) States that Congress: (1) reaffirms its support for the recovery and return to the United States of the remains and bodies of all members killed in the line of duty and for efforts by the Joint POW-MIA Accounting Command to recover remains of members from all wars, conflicts and missions; (2) recognizes the courage and sacrifice of all members who participated in Operation Highjump and all missions vital to U.S. national security; (3) acknowledges the dedicated research and efforts by the U.S. Geological Survey, the National Science Foundation, the Joint POW/MIA Accounting Command, the Fallen American Veterans Foundation, and other persons and organizations to identify, locate, and advocate for the recovery of the bodies of Ensign Maxwell Lopez, Naval Aviator, Frederick Williams, Aviation Machinist's Mate 1st Class, and Wendell Hendersin, Aviation Radioman 1st Class of the "George 1" explosion and crash; and (4) encourages DOD to review the facts, research, and pursue new efforts to recover, identify, and return the bodies of the "George 1" crew from Antarctica's Thurston Island.
(Sec. 599) Requires any gift made to the Secretary on the condition that it be used for the benefit of a military musical unit to be credited to the appropriation or account providing funds for such unit and to be merged with and used for the same purposes.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Extends through 2014 DOD authority to provide a temporary increase in the rates of basic allowance for housing for military housing in an area impacted by a natural disaster or experiencing a sudden influx of personnel.
(Sec. 602) Entitles a member of the National Guard who is called into federal service for a period of 30 days or less to basic pay for such service from the date on which the member first contacts the member's unit. (Under current law, such entitlement begins on the date on which the member appears at the place of company rendezvous.)
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2014 specified authorities currently scheduled to expire at the end of 2013 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 617) Authorizes the Secretary concerned to pay a bonus to a cadet or midshipman enrolled in the Senior ROTC to complete the appropriate training, accept a commission, and serve on active duty. Limits the bonus to $5,000. Requires pro rata repayment for failure to complete agreement requirements. Terminates the bonus program at the end of 2015.
Subtitle C: Disability, Retired Pay, Survivor, and Transitional Benefits - (Sec. 621) Directs the Secretary, and the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy, to each establish a program to pay monthly transitional compensation to dependents or former dependents of members who served for more than 20 years and are separated from service for convictions under the UCMJ. Prohibits any such payment to a dependent or former dependent who was an active participant in the conduct constituting the offense. Limits such payment duration to generally at least 12 months following the conviction or separation and no longer than 36 months thereafter. Allows such dependent or former dependent, while receiving such payments, to use commissary and exchange benefits in the same manner as dependents of active-duty personnel.
(Sec. 622) Prohibits the retired pay of a member using the high-three pay years formula and who first became a member on or after September 8, 1980, from being less on the date the member or former member initially becomes entitled to such pay than the retired pay to which the member would be entitled on that date if the member or former member had become entitled to retired pay on an earlier date, adjusted to reflect any adjustments due to cost-of-living increases.
Subtitle D: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations - (Sec. 631) Includes threatening to take an adverse personnel action within prohibited actions under whistleblower protections for nonappropriated fund instrumentality employees (thus affording them the same protections provided to military personnel under military whistleblower protections).
(Sec. 632) Requires the governing body for the oversight and management of military exchange and commissary systems to: (1) establish guidelines for the identification of fresh meat, poultry, seafood, fish, produce, and other products raised or produced through sustainable methods; and (2) establish goals, applicable to all such systems, to maximize the purchase by the end of FY2018 of such products, local food products, and recyclable materials.
(Sec. 633) Corrects an obsolete reference with respect to the Navy Ship Stores Program.
(Sec. 634) Directs the senior DOD official responsible for overseeing the defense commissary and exchange store system to require that such system: (1) comply with requirements of the Accord on Fire and Building Safety in Bangladesh (Accord) in the purchase of garments manufactured in Bangladesh for the private label brands sold in the system, and (2) give a preference to retailers and licensees that are signatories to such Accord. Requires DOD to notify Congress in the case of garments purchased from non-signatory suppliers.
Subtitle E: Other Matters - (Sec. 641) Authorizes DOD to provide certain expenses related to the recovery, care, and disposition of human remains when such remains are retained by the Armed Forces Medical Examiner for forensic pathology investigation.
(Sec. 642) Honors as a veteran (but without any additional veteran's benefit) a person who is entitled to retired pay for non-regular (reserve) service or who, but for age, would be so entitled.
(Sec. 643) Directs the Secretary to: (1) carry out a random survey of members regarding the value of military pay and benefits; and (2) submit to Congress, and make publicly available, a report containing survey results.
(Sec. 644) Directs the Secretary to provide transportation on scheduled and unscheduled military flights within the United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for veterans with a service-connected, permanent disability rated as total.
Title VII: Health Care Provisions - Subtitle A: Improvements to Health Benefits - (Sec. 701) Requires the Secretary to provide for a one-on-one mental health assessment of each member during each 180-day period that the member is deployed. Allows such an assessment by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and their use for such purpose would not impair their capacity to perform higher priority tasks.
(Sec. 702) Directs the Secretary to provide periodic, person-to-person, mental health assessments to each member serving on active duty. Requires the sharing with the VA Secretary of information from such assessments.
(Sec. 703) Requires the treatment of developmental disabilities under TRICARE (a DOD-managed health care program) to include behavioral health treatment, including applied behavioral analysis, when prescribed by a physician. Outlines requirements, including appropriate licensing or certification, with respect to the provision of such services. Provides behavioral health treatment exclusions.
(Sec. 704) Directs the Secretary, in carrying out the transitional assistance management program, to extend such program's coverage by an additional 180 days for treatment provided through telemedicine. Directs the Secretary to extend such program's coverage for mental health care and behavioral services for a period determined necessary by a health care professional treating the individual. Terminates such latter care and services at the end of 2018 if the Secretary determines that, by such date, the suicide rates for both active-duty and reserve members are 50% less than such rates as of December 31, 2012.
(Sec. 705) Requires the DOD and VA Secretaries to jointly develop, implement, and report to Congress on a comprehensive policy on improvements to the care, management, and transition of recovering servicemembers with urotrauma (injury to the urinary tract from a penetrating, blunt, blast, thermal, chemical, or biological cause).
Subtitle B: Health Care Administration - (Sec. 711) Amends the NDAA for Fiscal Year 2013 to direct the Secretary to ensure that each beneficiary other than an active-duty beneficiary who is enrolled in TRICARE Prime as of September 30, 2013, may make a one-time election to continue such enrollment, notwithstanding that an existing TRICARE contract does not allow for such enrollment based on the location in which the beneficiary resides. Allows the beneficiary to continue in such enrollment while residing in the same ZIP code in which the beneficiary resided at the time of election. Allows such beneficiary to elect, at any time, to instead enroll in TRICARE Standard.
(Sec. 712) Authorizes each Secretary concerned to establish cooperative health care agreements between military installations and local or regional health care entities.
(Sec. 713) Prohibits the obligation or expenditure of more than 75% of the FY2014 funds earmarked for the integrated electronic health record program until 30 days after the Secretary submits to the defense and appropriations committees an analysis of alternatives for the plan to proceed with such program.
(Sec. 714) Requires the Secretary to carry out a three-year pilot program to assess the feasibility of using revenue-cycle management improvement processes to increase the amounts collected from third party payees for charges for health care provided in the United States at a military medical treatment facility. Requires the pilot program to be conducted at a number of installations of different military departments. Requires a report from the Secretary to the defense and appropriations committees on the methods employed by the military departments to collect charges from third-party payers for costs incurred at military medical treatment facilities.
Subtitle C: Other Matters - (Sec. 721) Directs the Secretary to submit, as part of the annual DOD budget justification materials, a display with respect to embedded mental health providers within each reserve component.
(Sec. 722) Authorizes the Uniformed Services University of the Health Sciences to enter into contracts and agreements with, and make grants to, other nonprofit entities. (Under current law, such authority is permitted only with the Henry M. Jackson Foundation for the Advancement of Military Medicine.)
(Sec. 723) Authorizes the Secretary to carry out collaborative programs to: (1) respond to escalating suicide and combat-stress-related arrest rates of members; (2) train active-duty members to recognize and respond to combat stress disorder, suicide risk, substance addiction, risk-taking behaviors, and family violence; and (3) determine the effectiveness of DOD efforts in reducing suicide rates among members.
(Sec. 724) Authorizes the Secretary, in conducting the peer reviewed medical research program, to consider selecting medical research projects relating to hydrocephalus.
(Sec. 725) Directs the Secretary to carry out RDT&E activities with respect to traumatic brain injury and psychological health, including drug development to halt neurodegeneration following such injury.
(Sec. 726) Directs the Secretary, upon request of a state adjutant general, to share contact information of members of the Individual Ready Reserve and individual mobilization augmentees who reside in that state, for the purpose of conducting suicide prevention outreach efforts.
(Sec. 727) Requires DOD's Office of Health to work in collaboration with the National Institutes of Health (NIH) to: (1) identify targets and biomarkers for triple negative breast cancer; and (2) provide information useful in biomarker selection, drug discovery, and clinical trials design.
(Sec. 728) Expresses the sense of Congress that: (1) the Secretary should develop a plan to ensure a sustainable flow of qualified counselors to meet the long-term needs of members and their families; and (2) the plan should include the participation of schools and universities, health care providers, professional counselors, family service or support centers, chaplains, and other appropriate resources of DOD.
(Sec. 729) Directs the VA Secretary to report to the defense and veterans committees on the role of the VA in DOD centers of excellence for the treatment of traumatic brain injury (TBI), post-traumatic stress disorder (PTSD) and related mental health issues, and the treatment and rehabilitation of military eye injuries.
(Sec. 730) Requires the Secretary, before an individual is enlisted or commissioned, to provide the individual with a mental health assessment and include the results as a baseline for any subsequent mental health examinations.
(Sec. 731) Expresses the sense of Congress that: (1) current law requires the Secretary to submit to Congress, within 180 days after the date of enactment of the NDAA for Fiscal Year 2013, a plan to improve the coordination and integration of DOD programs that address TBI and the psychological health of members; (2) the requirement to submit such plan is still in effect; and (3) the Secretary should deliver the report within the required time.
(Sec. 732) Directs the Secretary to report to the defense and appropriations committees on how the Secretary will identify, refer, and treat TBIs of members who served in Operations Enduring Freedom or Iraqi Freedom before the date in June 2010 on which the memorandum on using a 50-meter distance from an explosion as a criterion to properly identify, refer, and treat members for potential TBI took effect.
(Sec. 733) Directs the Secretary to carry out a five-year pilot program to establish a process for providing payments for investigational treatments of TBI or PTSD received by members in facilities other than military treatment facilities. Subjects such payments to specified conditions, including approval of the treatment by the Secretary and demonstrated improvement by the patient.
Requires the Secretary to: (1) develop and maintain a database containing data from each patient case involving the use of such treatments, (2) establish a process to notify members of the opportunity to receive such treatments, and (3) report annually to Congress on the implementation of this section and any available results of investigational treatment studies. Terminates such authority five years after the date of enactment of this Act. Authorizes appropriations.
(Sec. 734) Expresses the sense of Congress that: (1) DOD and VA have failed to implement a solution that allows seamless electronic sharing of medical health care data, (2) the recent decision by the DOD and VA Secretaries to abandon their earlier agreement and pursue separate paths to integration jeopardizes such possible solution, and (3) the President should make the necessary leadership changes to assure the timely completion of such solution. Requires such Secretaries to implement an integrated electronic health record to be used by both departments and to deploy such record by October 1, 2016. Outlines record design principles.
Directs the Secretaries to: (1) develop and submit to the defense, veterans, and appropriations committee a program plan for the oversight and execution of such record; and (2) jointly commission an independent assessment of the program plan. Requires monthly reports on program plan expenditures, as well as the DOD-VA sharing by October 1, 2014, of all health care information contained in their departmental systems. Requires the conduct and submission of accountability reviews if any of the above requirements are not met. Directs the Secretaries to establish an advisory panel to support the development and validation of requirements, assessments, and other actions needed with respect to the shared electronic health record. Requires the advisory panel to submit quarterly activities reports.
(Sec. 735) Directs the CG to report to the defense and appropriations committees evaluating similarities and differences in the approaches to identifying and recovering improper payments across Medicare and TRICARE.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Amends the Warner Act to include within a reporting requirement for DOD business system acquisition programs the reporting of any failure to achieve initial operating capability within five years of milestone A approval.
(Sec. 802) Authorizes the Secretary and the Secretary of each military department to allow the heads of DOD laboratories to grant licenses for computer software and related documentation developed at a DOD laboratory, but only if: (1) such software and documentation would be a trade secret if the information had been obtained from a non-federal party, (2) the public is notified of such availability and has a fair opportunity to submit license applications, (3) such licenses comply with federal requirements for the licensing of federally owned inventions, and (4) the software was originally developed to meet DOD military needs. Requires such Secretaries to provide appropriate protections against the unauthorized disclosure of any such software or documentation. Provides for the DOD retention and use of royalties on such software and documentation. Terminates the authority under this section at the end of 2018.
(Sec. 803) Amends the NDAA for Fiscal Year 2012 to extend through FY2015 a limitation on the aggregate amount available to DOD for contract services.
Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 811) Amends the NDAA for Fiscal Year 2012 to include as allowable DOD contractor costs those associated with the use of counterfeit electronic parts if such parts were procured from an original manufacturer or its authorized dealer or from a trusted supplier.
(Sec. 812) Makes unallowable (with limited exceptions) the cost of counterfeit electronic parts and suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of obsolete parts.
(Sec. 813) Limits to $763,029 the DOD and other federal agency allowable cost for annual compensation to a single contractor. Limits any increases to such limit to the annual compensation baseline adjustment under the Employment Cost Index. Makes unallowable the entire compensation of the five most-highly compensated employees of a contractor who was awarded more than $500 million in federal contracts in the previous fiscal year.
(Sec. 814) Requires the inclusion in quarterly DOD selected acquisition reports of additional cost estimate information with respect to each major defense acquisition program or designated major subprogram included in such report. Requires the Director of Cost Assessment and Program Evaluation to: (1) annually review the cost estimates and associated information included in each report, and (2) include in the Director's required annual report on cost assessment activities a summary thereof, together with recommendations for improving such cost estimates.
(Sec. 815) Directs the Secretary to make publicly available electronically any determination of a compelling reason to solicit an offer from, extend, or approve a subcontract with an offeror or contractor that has been debarred or suspended by a federal agency.
(Sec. 816) Requires cost or price to the government to be given equal importance as any technical or other criteria in evaluating competitive proposals for defense contracts. Directs the Secretary to annually submit to Congress and post on a publicly-available DOD website a report of each waiver of such requirement issued by the head of a defense agency.
(Sec. 817) Includes a flag of the United States among those items that DOD must procure from a domestic source.
Subtitle C: Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan - (Sec. 821) Amends the NDAA for Fiscal Year 2012 to revise provisions authorizing the Secretary to void a contract upon determining that an entity under the contract is engaged in hostilities against the United States or its coalition partners. Lowers the limit for contracts covered from $100,000 to $50,000. Provides such authority to combatant commanders engaged in a contingency operation (under current law, only to the Commander of the U.S. Central Command). Makes such authority permanent (under current law, terminates on December 31, 2014).
(Sec. 822) Amends the NDAA for Fiscal Year 2008 relating to contracting requirements for contracts in Iraq and Afghanistan to allow the imposition of a penalty on any contractor that does not comply with such requirements. Requires information on any penalties so imposed to be included in a required annual CG report concerning such contracts.
Subtitle D: Other Matters - (Sec. 831) Amends: (1) the Skelton Act to extend through 2019 a DOD pilot program on the acquisition of military purpose non-development al items, and (2) the NDAA for Fiscal Year 2010 to extend through 2015 DOD authority to acquire products and services produced in countries located along a major supply route to Afghanistan.
(Sec. 833) Directs the Secretary to report to the defense committees on how sole source suppliers of components to the DOD procurement supply chain create vulnerabilities to military attack, terrorism, natural disaster, industrial shock, or financial or geopolitical crisis such as an embargo of key raw materials or industrial inputs.
(Sec. 834) Directs the Secretary to issue a report on the impacts of DOD contracting with small businesses owned and controlled by veterans and service-disabled veterans on veteran entrepreneurship and veteran unemployment.
(Sec. 835) Requires the Secretary to modify certain provisions of the Department of Defense Supplement to the Federal Acquisition Regulation (DOD-FAR) to provide that the authority of the head of an agency to make an award pursuant to a sole-source defense contract is delegable.
(Sec. 836) Directs the Secretary to adopt and implement item unique identification, radio frequency identification, biometrics, and other automated information and data capture technologies for the tracking and management of, and accountability for, assets deployed across DOD.
(Sec. 837) Requires DOD-FAR revision to take into account specified personnel management and procurement source requirements.
(Sec. 838) Prohibits this Act's funds from being used to purchase military coins not produced in the United States.
(Sec. 839) Requires footwear needed by members upon their initial entry into service to comply with DOD requirements concerning the procurement of products through domestic sources (Buy American requirements), without regard to the applicability of any simplified acquisition threshold. Provides an exception with respect to athletic footwear that is medically required to meet unique physiological needs that cannot be met by footwear complying with such requirements.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Redesignates: (1) the Department of the Navy as the Department of the Navy and Marine Corps; and (2) as appropriate the Secretary and other statutory offices within such departments.
(Sec. 902) Revises the definition of "legacy systems" for purposes of the transition plan under the defense business enterprise architecture.
(Sec. 903) Directs the Secretary to report to the defense and appropriations committees on the strategic value of each major installation that supports operations in the U.S. Pacific Command.
(Sec. 904) Requires a report from the CG containing the results of a review of the potential for: (1) consolidating under-used facilities on military installations; or (2) vacating costly leased space by relocating federal agency tenants, activities, missions, and personnel onto such installations. Requires the CG to specifically evaluate potential consolidation of federal tenants on Asia-Pacific and Arctic-oriented installations.
Subtitle B: Space Activities - (Sec. 911) Expresses the sense of Congress that: (1) DOD depends on national security space programs to support communications, missile warning, position, navigating, timing, intelligence, surveillance, reconnaissance, and environmental monitoring; and (2) foreign threats to such space systems are increasing. Requires the Secretary to notify the defense, appropriations, and foreign relations committees within 48 hours of an attempt by a foreign actor to disrupt, degrade, or destroy a U.S. national security space capability.
(Sec. 912) Directs the Secretary to enter into an agreement with the National Research Council to review strategic options available to address threats to U.S. national security space systems and to identify recommended courses of action to address such threats. Requires U.S. space protection strategy information to be included in a report required under the NDAA for Fiscal Year 2008.
(Sec. 913) Directs the Under Secretary to establish a strategy to enable the multi-year procurement of commercial satellite services.
(Sec. 914) Requires the Secretary to report on DOD's space control mission.
(Sec. 915) Directs the DOD Executive Agency for Space to conduct a study on responsive, low-cost launch efforts.
Subtitle C: Defense Intelligence and Intelligence-Related Activities - (Sec. 921) Revises provisions concerning DOD authority to conduct commercial activities overseas as security for intelligence collection activities to: (1) change an audit requirement from annually to biennially, (2) remove the requirement that the Defense Intelligence Agency (DIA) be responsible for the management and supervision of the collection activities (instead, making it DOD), and (3) add the defense and appropriations committees to the report requirement.
(Sec. 922) Requires the Secretary to establish and brief the defense, appropriations, and intelligence committees on a written policy governing the coordination and prioritization of intelligence priorities of the Office of the Secretary of Defense, the Joint Staff, the combatant commands, and the military departments.
(Sec. 923) Prohibits the obligation or expenditure of more than 50% of the funds available for the Defense Clandestine Service in FY2014 until the Secretary makes a specified certification to such committees with respect to Service activities. Requires annual assessments by the Secretary of such Service's employment and performance. Directs the Secretary to brief such committees quarterly on the Service's deployment and intelligence collection activities.
(Sec. 924) Prohibits any DOD funds from being used, until the end of 2014, to execute the separation or consolidation of the National Intelligence Program budget from or within the DOD budget. Requires the Secretary and the Director of National Intelligence (DNI) to jointly brief the defense, appropriations, and intelligence committees on any planned execution.
Subtitle D: Cyberspace-Related Matters - (Sec. 931) Amends the NDAA for Fiscal Year 2013 to require additional information in a required report concerning a DOD inventory of defense tactical data link systems.
(Sec. 932) Directs the Defense Science Board to: (1) assess the organization, missions, and authorities of the United States Cyber Command; and (2) report assessment results to the Secretary, the DNI, and the defense, appropriations, and foreign relations committees. Requires the Secretary and DNI to submit to such committees an evaluation of the findings and recommendations contained in such report.
(Sec. 933) Requires: (1) the Secretary to conduct a mission analysis of the cyber operations of DOD, and (2) the Chief of the National Guard Bureau to submit an assessment of the role of the National Guard in supporting such mission.
(Sec. 934) Directs the Secretary to: (1) notify the defense and appropriations committees within 30 days after the initiation of any investigation related to the potential compromise of DOD critical program information related to a weapons system or other developmental activity, (2) notify such committees of the completion of any such investigation, and (3) report on any known intrusions that occurred on or after January 1, 2000, and before August 1, 2013, and resulted in a compromise.
(Sec. 935) Directs DOD's Chief Information Officer (CIO): (1) to update a required plan for the inventory of selected software licenses of DOD to include an additional plan for the inventory of all such licenses for which a military department spends more than $5 million annually on any individual title; and (2) if necessary, to implement a plan to bring the number of required software licenses into balance with DOD needs and the terms of any relevant contract.
(Sec. 936) Prohibits funds from being used for collaborative cybersecurity activities with China or an entity owned or controlled by China.
(Sec. 937) Directs the Secretary to report to Congress on the feasibility of establishing a small business cyber technology office to assist small businesses in providing cybersecurity solutions to the federal government.
(Sec. 938) Requires the Secretary to establish an outreach and education program to assist small businesses contracted by DOD to: (1) understand the gravity and scope of cyber threats, (2) develop a plan to protect intellectual property, and (3) develop a plan to protect the networks of such businesses.
Subtitle E: Total Force Management - (Sec. 941) Requires the Secretary of the military department or head of the defense agency responsible to provide appropriate oversight or corrective actions with respect to the contracting of services closely associated with inherently governmental functions.
(Sec. 942) Requires the Secretary or his designee, beginning in FY2014 and continuing through FY2018, to certify that all DOD contractor positions responsible for the performance of inherently governmental functions have been eliminated. Requires the CG to submit to such committees, for each such fiscal year, an assessment of related reviews conducted by the Secretary with respect to such functions.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $3.5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1003) Expresses the sense of Congress that in the aftermath of the sequestration enacted by the Budget Control Act of 2011, financial reform is imperative and DOD should place continued continued importance on such efforts. Directs the Secretary, upon the conclusion of FY2018, to ensure that a full audit is performed on the financial statements of DOD for that fiscal year. Requires the Secretary to submit to Congress the results of such audit by no later than March 31, 2019.
(Sec. 1004) Provides that if the amount authorized for weapons activities of the National Nuclear Security Administration (NNSA) for FY2014 is less than $8.4 billion, the Secretary may transfer to the Secretary of Energy for such purposes up to $150 million. Requires congressional notification of any such transfer.
Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 to extend through FY2014 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
(Sec. 1012) Amends the NDAA for Fiscal Year: (1) 2004 to extend through FY2014 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities, and (2) 1998 to extend through FY2015 DOD authority to support counter-drug activities of certain foreign governments.
(Sec. 1014) Expresses the sense of Congress that the National Guard Counter-Narcotic Program is a valuable tool to counter-drug operations across the United States and should receive continued funding.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Permits the Secretary of the Navy to donate any vessel stricken from the Naval Vessel Register or any captured vessel for use only as a museum or memorial for public display in the United States. Exempts the United States and any of its officers or employees from liability for any subsequent activities with regard to donated vessels. Prohibits any cost to the United States with respect not only to such transfer, but to any subsequent maintenance, preservation, or demilitarization at the end of the vessel's useful life.
(Sec. 1022) Prohibits (with an exception) any FY2014 DOD funds from being used to retire, inactivate, or place in storage a cruiser or dock landing ship. Authorizes the Secretary, with a specified limit, to transfer FY2013 DOD funds for the modernization of such vessels.
(Sec. 1023) Designates naval vessels that do not have a homeport as being homeported in the United States or Guam for purposes of their repair and maintenance in foreign shipyards.
(Sec. 1024) Expresses the sense of Congress that: (1) DOD and the Navy must prioritize funding towards increased shipbuilding rates; (2) the Navy's future budget requests and the long range plan for the construction of naval forces must anticipate and reflect the true investment necessary to meet force structure goals; (3) without modification to such plan, the future of the industrial base that enables construction of large, combat-survivable amphibious assault ships is at significant risk; and (4) DOD and Congress should act expeditiously to restore the force structure and capability balance of the Navy fleet.
(Sec. 1025) Authorizes the Secretary of the Navy to extend or renew, for a conditional period of up to 180 days, the lease of not more than four blocking vessels supporting the transit protection system escort program after the expiration of the lease of such vessels. Provides funding. Requires prior notification of any such extension or renewal to the defense and appropriations committees.
(Sec. 1026) Directs the Secretary of the Navy to submit to the defense and appropriations committees an updated comparison of the costs and risks of acquiring DDG-1000 and DDG-51 Flight III vessels equipped for enhanced BMD capability.
(Sec. 1027) Expresses the sense of Congress that the President should establish an Advisory Board on Toxic Substances and Worker Health, as described in a prior CG report, to advise the President concerning the review and approval of the Department of Labor site exposure matrix (used to determine the eligibility of contractor employee claims for compensation for illness resulting from exposure to toxic substances).
Subtitle D: Counterterrorism - (Sec. 1030) Allows military commissions to include alternate members to replace primary members who are excused from service by challenge, for health reasons, or for other good cause shown.
(Sec. 1031) Establishes additional annual report requirements from the Regional Defense Combating Terrorism Fellowship Program.
(Sec. 1032) Prohibits DOD funds from being used, through 2014, to construct or modify any facility in the United States or its territories or possessions to house any individual detained by DOD at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo), for purposes of detention or imprisonment, unless authorized by Congress. Makes such prohibition inapplicable to facility modifications at Guantanamo.
(Sec. 1033) Prohibits the Secretary, through 2014, from using DOD funds to transfer any individual detained at Guantanamo to the custody or control of such individual's country of origin, or to any other foreign country or entity, unless the Secretary, at least 30 days beforehand, has made a certification to Congress that the country to which the individual is about to be transferred: (1) is not a designated state sponsor of terrorism or foreign terrorist organization; and (2) has agreed to take steps to ensure that the individual cannot engage or re-engage in any terrorist activity. Prohibits any such transfer if there is a confirmed case that any individual previously detained at Guantanamo and then transferred to a foreign country or entity subsequently engaged in a terrorist activity, but authorizes the Secretary to waive such prohibition in the interests of national security. Requires congressional notification of any such waiver. Authorizes the Secretary, in assessing an individual's risk factor, to give consideration to such individual's substantial cooperation with U.S. intelligence and law enforcement authorities and related activities.
(Sec. 1034) Prohibits funds from this Act from being used, through 2014, to transfer, release, or assist in the transfer or release to or within the United States or its territories or possessions of Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at Guantanamo, by DOD.
(Sec. 1035) Requires the Secretary to make publicly available a summary of information relating to individuals detained by DOD at the Detention Facility at Parwan, Afghanistan, pursuant to the Authorization for Use of Military Force who have been determined to represent an enduring security threat to the United States.
(Sec. 1036) Directs the Secretary to submit an assessment of activities of al Qaeda affiliates and adherents operating outside of the United States.
(Sec. 1037) Directs the Secretary to designate a senior DOD official with principal responsibility for coordination and management of the transfer of individuals detained at Guantanamo and to set forth such official's responsibilities with respect to such transfers.
(Sec. 1038) Requires the chief defense counsel and chief prosecutor to have the same rank for purposes of any military commission established to try an alien unprivileged enemy belligerent who is detained at Guantanamo.
(Sec. 1039) Directs the Secretaries of Defense and State to jointly report on the capability of the government of Yemen to detain, rehabilitate, and prosecute individuals detained at Guantanamo who are transferred to Yemen.
(Sec. 1040) Directs the Secretary and the Attorney General to jointly report on the attachment of rights to individuals detained at Guantanamo upon their transfer to the United States.
(Sec. 1040A) Requires the Secretary to make publicly available a summary of information relating to individuals formerly detained at Guantanamo who, after such transfer, have become leaders or are involved in the leadership structure of a foreign terrorist group.
(Sec. 1040B) Prohibits the Authorization for Use of Military Force from being construed to deny the availability of habeas corpus to any U.S. citizen apprehended inside the United States pursuant to such Act. Requires, in such a proceeding, the government to have the burden of proof by clear and convincing evidence that such citizen is an unprivileged enemy belligerent.
(Sec. 1040C) Prohibits the use of DOD funds to: (1) provide additional or upgraded recreational facilities for individuals detained at Guantanamo; or (2) transfer or release, through December 31, 2014, an individual detained at Guantanamo to the custody or control of Yemen or any entity within Yemen.
Subtitle E: Sensitive Military Operations - (Sec. 1041) Directs the Secretary to promptly notify the defense and appropriations committees in writing upon the completion of any sensitive military operation. Requires such committees to follow procedures designed to protect classified information relating to national security with respect to such information. Provides an exception with respect to a sensitive military operation executed within Afghanistan pursuant to the Authorization for Use of Military Force.
(Sec. 1042) Directs the Secretary to submit an explanation of the legal and policy considerations and approval processes used in determining whether an individual or group could be the target of a lethal operation or capture conducted by U.S. Armed Forces outside the United States.
(Sec. 1043) Requires the Secretary to brief such committees quarterly outlining DOD counterterrorism operations and related activities.
Subtitle F: Nuclear Forces - (Sec. 1051) Prohibits the obligation or expenditure of FY2014 DOD funds to reduce, convert, or decommission any strategic delivery system if such reduction, conversion, or decommissioning would eliminate a leg of the nuclear triad.
(Sec. 1052) Prohibits any FY2014 DOD funds for NNSA from being obligated or expended to carry out U.S. nuclear force reductions required by the New START Treaty until: (1) the Secretary submits a reduction plan required under the NDAA for Fiscal Year 2012, and (2) the President certifies that any further reduction below such Treaty's required level will be carried out only pursuant to a treaty or international agreement specifically approved with the advice and consent of the Senate or by an Act of Congress. Provides exceptions.
(Sec. 1053) Prohibits the use of FY2014 DOD funds to reduce or consolidate the basing of dual-capable U.S. aircraft based in Europe until 90 days after the Secretary makes certain certifications with respect to similar actions by the Russian Federation and consultation with NATO-member states.
(Sec. 1054) States as the policy of the United States that any agreement for further arms reduction below the levels of the New START Treaty may only be made pursuant to the President's treaty-making power or by an Act of Congress. Prohibits any funds available to DOD for FY2014 or thereafter from being used to retire, dismantle, or deactivate any strategic nuclear delivery vehicle if such action reduces the number of such vehicles to less than the 800 required to implement such Treaty. Authorizes a waiver upon a specific certification from the President with respect to equal reduction actions by the Russian Federation. Provides additional funding limitations if the President makes such a waiver. Provides an exception to such funding limitations in the case of reductions made to ensure the safety, security, reliability, and credibility of the U.S. nuclear weapons stockpile and strategic delivery systems.
(Sec. 1055) Expresses the sense of Congress that the President should consider not seeking to further limit or reduce U.S. nuclear forces with a foreign country, such as the Russian Federation, that remains in active noncompliance with existing nuclear arms obligations. Outlines specific actions to be taken by the President upon the determination of a country's noncompliance, including consultation with Congress and the submission of a plan to bring such country into compliance.
(Sec. 1056) Directs the Secretary of the Air Force to ensure that the Air Force is capable of: (1) deploying multiple independently targetable reentry vehicles to Minuteman III intercontinental ballistic missiles, and (2) commencing such deployment within 270 days after the President determines such deployment to be necessary. Requires the Nuclear Weapons Council to ensure that: (1) the nuclear weapons stockpile contains a sufficient number of nuclear warheads for such purpose, and (2) such deployment is capable of being commenced within such period.
(Sec. 1057) Amends the NDAA for Fiscal Year 2013 to provide a funding limit on the Office of the Secretary until the Secretary notifies Congress that the Secretary has entered into an agreement for an assessment of the nuclear weapons program of China.
(Sec. 1058) Amends the NDAA for Fiscal Year 2012 to require inclusion in an annual report of an estimate of the personnel costs associated with sustaining and modernizing the U.S. nuclear deterrent and nuclear weapons stockpile.
(Sec. 1059) Directs the Secretary and the JCS Chairman to jointly report on whether the New START Treaty is in the U.S. national security interests.
Subtitle G: Miscellaneous Authorities and Limitations - (Sec. 1061) Authorizes the Secretary to establish the Conflict Records Research Center to facilitate research and analysis of records captured from countries, organizations, and individuals now or once hostile to the United States. Outlines related Center activities.
(Sec. 1062) Extends through FY2019 DOD authority to provide military transportation services to certain other federal agencies at the DOD reimbursement rate. Allows DOD to use extra capacity on its military transport assets to provide transportation in support of foreign military sales.
(Sec. 1063) Prohibits FY2014 Army funds from being used to modify its force structure or basing strategy until the Secretary of the Army: (1) submits to Congress a force structure report required under the NDAA for Fiscal Year 2103, and (2) briefs the defense and appropriations committees on the most recent force mix analysis conducted by such Secretary.
(Sec. 1064) Prohibits any DOD funds from being obligated or expended on any public-private cooperation activity undertaken by a combatant command until the Secretary reports to the defense committees on the conclusions of the Defense Business Board (as required under a prior House report).
(Sec. 1065) Directs the Secretary, the Secretary of Homeland Security (DHS), and the Administrator of the Federal Aviation Administration (FAA) to jointly: (1) develop and implement plans and procedures to review the potential of joint testing and evaluation of unmanned aircraft equipment and systems with other appropriate federal departments and agencies for purposes of meeting future requirements of combatant commanders and strengthening international border security, and (2) report to Congress on the status of the development of such plans and procedures.
Subtitle H: Studies and Reports - (Sec. 1071) Requires periodic assessments of combat support agencies by the JCS Chairman to also be submitted to the defense and appropriations committees (under current law, only to the Secretary).
(Sec. 1072) Requires the inclusion, in an annual report from the Secretary describing interagency coordination relating to humanitarian demining technology, of interagency efforts to coordinate RDT&E for such technology as well as mechanical clearance methods.
(Sec. 1073) Amends the NDAA for Fiscal Year 2012 to: (1) extend through 2014 the deadline for a CG report on the assignment of civilian DOD employees as advisors to foreign ministries of defense, and (2) repeal a required CG assessment of DOD efficiencies.
(Sec. 1075) Outlines additional requirements of the National Defense Panel in conducting the assessment of the 2013 quadrennial defense review, including assessing the establishment of a standing, independent strategic review panel. Directs the Secretary, in providing information or updates to the Panel, to also provide information related to the Strategic Choices and Management Review.
(Sec. 1076) Requires: (1) the Secretary to review and report on U.S. Special Operations Forces organization, capabilities, and structure; and (2) the CG to submit to such committees a review of such report.
(Sec. 1077) Directs the Secretary of Transportation (DOT), the Administrator of the Federal Aviation Administration (FAA), and the Administrator of the National Aeronautics and Space Administration (NASA) to jointly report to Congress with respect to the testing and assessment of, and improvements to, unmanned aircraft systems. Requires a separate report from the DOD Secretary on resource requirements necessary to meet the milestones for such systems' integration as described in the five-year roadmap under the FAA Modernization and Reform Act.
(Sec. 1078) Directs that unclassified reports required of any element of DOD be made available on a publicly accessible DOD website.
(Sec. 1079) Directs the Secretary, at the same time as the annual DOD budget submission, to submit to the defense and appropriations committees summaries of defense planning guidance and contingency plan information. Sets a funding limit with respect to O&M for the Office of the Secretary until each such report is submitted.
(Sec. 1080) Directs: (1) the Secretary to report to Congress on U.S. citizens subject to military detention, (2) the Secretary of the Air Force to report to the defense committees on implementation of the recommendations of the Palomares Nuclear Weapons Accident Revised Dose Evaluation Report, and (3) the President to submit to Congress an estimate of previous costs of Operation New Dawn and the long-term costs of Operation Enduring Freedom under a specified force level and time period scenario.
Subtitle I: Other Matters - (Sec. 1081) Makes technical and clerical amendments to federal armed forces provisions and prior national defense authorization Acts.
(Sec. 1082) Allows only aircraft owned by the United States or operated by or under the supervision of U.S. air carriers and registered in the Civil Reserve Air Fleet (CRAF) to be used for the transportation of supplies on behalf of any component of DOD. Prohibits charges made for the transportation of those supplies by such aircraft from being higher than charges made for transporting like goods for private persons. Makes an exception to the aircraft-type limit in the case of outsize or oversize cargoes if no air carrier registered with CRAF nor any U.S.-owned aircraft is capable and available for transporting such cargo. Requires an annual report from the Secretary on outsize and oversize cargo flights.
Requires other federal departments and agencies, in entering into such transportation contracts or subcontracts, to ensure that at least 50% of the gross tonnage of the equipment or materials which may be transported on their behalf is transported on privately-owned aircraft that are owned, operated, or otherwise supervised by air carriers holding a U.S. certificate of documentation and registered in the CRAF, to the extent that such aircraft are appropriate and available at fair and reasonable rates. Provides an exception with respect to equipment or materials transported for the U.S. military services or to respond to a humanitarian disaster. Authorizes the President, the DOT Secretary, or the Secretary of State to waive the federal transportation requirement in the national interest or to respond to an emergency. Requires waiver notification to specified congressional committees. Provides for the expiration, but possible continued renewal, of such waiver.
(Sec. 1082A) Authorizes the Secretary to transport to any country, on a space-available basis and without charge, supplies that have been furnished by a nonprofit organization and that are intended for distribution to members of the Armed Forces. Prohibits such transportation unless the Secretary determines that: (1) such transportation is consistent with U.S. policies, (2) the supplies are suitable for distribution and in usable condition, (3) there is a legitimate need for the supplies, and (4) adequate arrangements have been made for their distribution. Makes the nonprofit organization responsible for ensuring the suitability for transport of such supplies. Allows the supplies to be distributed by the U.S. government or a nonprofit organization.
(Sec. 1083) Allows a DOD senior official responsible for a major automated information system program, whenever a critical change to such system occurs, to submit to the defense and appropriations committees either: (1) a report on such change (current law), or (2) a streamlined notification when such official determines that the critical change occurred primarily because of congressional action. Requires total acquisition costs (under current law, development costs) to be included in such systems' cost, schedule, and performance information.
(Sec. 1084) Extends through 2014 DOT authority to issue aviation insurance and reinsurance.
(Sec. 1085) Revises the compensation of members of the National Commission on the Structure of the Air Force.
(Sec. 1086) Directs the Secretary to certify that defense critical assets designated as tier one task critical assets and which receive power supply from commercial or other non-military sources are protected from the adverse effects of man-made or naturally occurring electromagnetic pulse and high-powered microwave weapons. Requires the Secretary to submit a plan for such assets to receive electricity in a way that protects them from such adverse effects.
(Sec. 1087) Directs the Secretary to develop and implement a strategy for military information operations capabilities for future contingencies.
(Sec. 1088) Requires the Secretary, in implementing the 2013 sequester, to ensure that all military departments remain fully compliant with minimum safe staffing standards as outlined in the Department of Defense Fire and Emergency Services Program.
(Sec. 1089) Directs the Secretary, in the case of a trip taken by a Member of Congress in carrying out official duties and for which DOD provides the transportation, to: (1) determine the cost, (2) provide to the Member and the appropriate defense committee a written statement of the cost, and (3) make such statement available on the Secretary's official public website until four years after the final day of the trip involved. Provides exceptions with respect to trips: (1) to visit one or more U.S. military installations or to visit U.S. military personnel in a war zone, and (2) when the use of DOD transportation is necessary to protect the safety and security of such individuals.
(Sec. 1090) Authorizes the Secretary to coordinate with the DHS Secretary to identify and provide for the transfer or long-term loan to DHS of equipment that the Secretary determines to be excess and that the DHS Secretary determines to be appropriate for increasing situational awareness and achieving operational control of U.S. international borders.
(Sec. 1091) Authorizes the Secretary to transfer to the DHS Secretary ownership and management responsibilities for the existing Tethered Aerostat Radar System program and contracts.
(Sec. 1092) Includes border security within authorized activities for which the Secretary may transfer DOD personal property to federal and state agencies.
(Sec. 1093) Authorizes the Secretary to enter into a memorandum of understanding with a non-DOD entity to allow such entity to access non-regulatory special use airspace if such access: (1) is used by the entity as part of a test range program, and (2) does not interfere with DOD activities or otherwise interrupt or delay DOD missions or training.
(Sec. 1094) Eliminates specific dates on which the POW/MIA flag must be displayed and provides that such flag shall be displayed on all days on which the U.S. flag is displayed.
(Sec. 1095) Expresses the sense of Congress that: (1) the use of improvised explosive devices (IEDs) against members of the Armed Forces or people of the United States should be condemned; (2) supports members, first responders, and explosive ordnance disposal personnel who face the threat of IEDs and put their lives on the line to defeat them; (3) all relevant federal agencies should be called upon to coordinate with international partners and other responsible entities to reduce the use of IEDs and curb their proliferation; and (4) the exchange of blast trauma research data should be facilitated between all relevant federal agencies.
(Sec. 1096) Expresses the sense of Congress that: (1) the Secretary should make every effort to ensure that the Reserve and National Guard are sustained by a fully manned and funded force and that the United States fulfills its long-standing commitment to unyielding readiness in terms of defense; (2) the Secretary should act with the knowledge that such Reserve and Guard are critical military components, particularly as a means of preserving combat power during a time of budget austerity; and (3) Congress repudiates proposals to diminish the Reserve or Guard and affirms their growth as circumstances warrant.
(Sec. 1097) Directs the Secretary to provide employees of any congressional support office who work on issues related to national security with access to facilities of DOD in the same manner as employees of the defense committees.
(Sec. 1098) Directs the Secretary to post on the DOD public website the costs to each American taxpayer of each of the wars in Afghanistan and Iraq.
(Sec. 1099) Expresses the sense of Congress that the head of each DOD element should take into consideration foreign languages and cultures during the development of training, tools, and methodologies to engage in military-to-military activities and the building of partner capacity.
(Sec. 1099A) Expresses the sense of Congress that active-duty military personnel stationed or residing in the District of Columbia should be permitted to fully exercise their rights under the Second Amendment to the Constitution and be exempt from the District's restrictions on the possession of firearms.
Title XI: Civilian Personnel Matters - (Sec. 1101) Amends the Hunter Act to extend through 2014 DOD authority to waive the annual limit on premium pay as well as the aggregate pay limit for certain federal employees working abroad.
(Sec. 1102) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2015 the authority of federal departments and agencies to grant certain allowances, benefits, and gratuities to civilian employees on official duty in a combat zone.
(Sec. 1103) Extends through: (1) FY2015 a voluntary reduction-in-force authority with respect to DOD civilian employees, and (2) FY2018 the authority to make lump-sum severance payments to certain DOD civilian employees.
(Sec. 1105) Removes specific items for which the Secretary may provide financial assistance to students under the Science, Mathematics, and Research for Transformation program (thereby allowing the Secretary more flexibility in providing such assistance).
(Sec. 1106) Amends the NDAA for Fiscal Year 2010 to extend through FY2023 a program for the temporary exchange of information technology personnel between DOD and the private industry.
(Sec. 1107) States that it is the policy of the United States to assure the scientific and technological preeminence of its defense laboratories. Establishes within DOD the Defense Science Initiative for Personnel. Includes under such Initiative DOD laboratories designated as science and technology reinvention laboratories (STRLs), and authorizes the director of an STRL to appoint qualified candidates directly to scientific, technical, engineering, mathematical, or medical positions within such STRL. Excludes any such appointees from DOD workforce personnel limits. Establishes within each STRL senior scientific technical manager positions, whose primary functions shall be to: (1) engage in research and development in the physical, biological, medical, engineering sciences or another field closely related to the mission of that STRL; and (2) carry out technical supervisory responsibilities. Provides for the selection and compensation of specially-qualified scientific and professional personnel within such STRLs.
(Sec. 1108) Directs the Secretary to prescribe regulations implementing the authority of a provision of the NDAA for Fiscal Year 2010 regarding the availability of funding for the compensation of DOD civilian personnel.
(Sec. 1109) Extends through 2020 DOD enhanced authority for the recruitment, appointment, and retention of health care personnel for the care and treatment of wounded or injured members. Repeals an obsolete strategy requirement.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the NDAA for Fiscal Year 2006 concerning a DOD program to build the capacity of certain friendly foreign military forces to include under such program: (1) supporting the theater security priorities of a geographic combatant commander, and (2) building the capacity of a foreign country's security forces to conduct counterterrorism operations. Increases the annual funding limit for such program. Requires the Secretary to include within the annual DOD budget materials submitted for FY2016 and thereafter a description of the proposed planning and execution of at least 50% of the funds in connection with such program. Terminates the program at the end of FY2016.
Amends the NDAA for Fiscal Year 2013 to repeal DOD authority to build the capacity of certain counterterrorism forces in Yemen and East Africa.
(Sec. 1202) Amends the Hunter Act to extend through FY2016 DOD authority for a non-conventional assisted personnel recovery program for certain employees supporting U.S. national interests abroad.
(Sec. 1203) Amends the NDAA for Fiscal Year 2012 to revise congressional notification requirements of the Secretaries of Defense and State with respect to assistance provided from the Global Security Contingency Fund. Requires such Secretaries to submit to Congress the guidance and processes used for the exercise of such authority and to submit additional reports following any modifications to such guidance and processes.
(Sec. 1204) Codifies under federal law the National Guard State Partnership Program (international partnerships to support the building of mutual defense and security capacity). Provides additional Program purposes, as well as funding limitations. Repeals superseded Program authority under the NDAA for Fiscal Year 2010.
(Sec. 1205) Authorizes the Secretary, with the concurrence of the Secretary of State, to provide assistance to the military and civilian response organizations of Jordan, Kuwait, Bahrain, the United Arab Emirates, Iraq, Turkey, and other countries in the region of Syria in order for such countries to respond to incidents involving weapons of mass destruction in Syria and that region. Authorizes the Secretary to use up to $4 million per fiscal year from DOD O&M funds for such purpose. Requires detailed annual reports from the Secretary on assistance provided. Terminates such authority at the end of FY2015.
(Sec. 1206) Amends the NDAA for Fiscal Year 2012 to extend through FY2014 DOD authority to support foreign forces participating in operations to disarm the Lord's Resistance Army.
(Sec. 1207) Earmarks specified funds to conduct monitoring and evaluation of DOD overseas humanitarian, disaster, and civic aid programs. Requires a briefing by the Secretary to the defense, appropriations, and foreign relations committees on mechanisms used to evaluate such programs.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 DOD authority to reimburse certain coalition countries for support provided for U.S. military operations. Provides a reduced funding limit for that fiscal year. Provides a limitation on such reimbursement for Pakistan until the Secretary certifies that such country is not limiting or otherwise restricting the movement of U.S. equipment and supplies along the ground lines of communication through Pakistan to Afghanistan and that Pakistan is taking certain other actions in support of U.S. counterterrorism and related activities in the region. Allows the Secretary to waive such certification requirement for national security purposes.
(Sec. 1212) Amends the Skelton Act to lower the annual funding limit, while extending through FY2014 the authority, for using DOD funds for former insurgent reintegration activities in Afghanistan.
(Sec. 1213) Amends the NDAA for Fiscal Year 2012 to extend through FY2014 the Commander's Emergency Response Program (urgent humanitarian and reconstruction relief) in Afghanistan. Reduces the FY2014 funding for such Program.
(Sec. 1214) Amends such Act to extend through FY2014 DOD authority to use funds provided for the Office of Security Cooperation in Iraq to conduct training of Iraqi Ministry of Defense personnel. Provides an FY2014 funding limit.
(Sec. 1215) Amends the Skelton Act to extend through FY2014, with a funding limit, a DOD program to develop and carry out infrastructure projects in Afghanistan. Requires an assessment of the capability of the Afghan National Security Forces to provide security for projects funded under such program after January 1, 2015.
(Sec. 1216) Amends the Afghan Allies Protection Act of 2009 to require an Afghan alien seeking special immigrant status to apply for approval from the appropriate chief of mission or designee by the end of FY2015. Limits to 435 the total number of such aliens who may be provided such status.
Amends the Refugee Crisis in Iraq Act of 2007 to authorize the Secretaries of Homeland Security or State to provide special immigrant status to an Iraqi alien who so applies on or before the date of enactment of this Act.
(Sec. 1217) Requires the Secretary to withhold from obligation for assistance to Afghanistan for FY2014 100% of the total taxes assessed by the government of Afghanistan during FY2013, to the extent that such taxes have not been reimbursed by Afghanistan. Allows a waiver of such requirement when considered necessary to achieve U.S. goals in Afghanistan. Requires a report from the Secretary to the defense committees on the total taxes assessed by Afghanistan during FY2013.
(Sec. 1218) Amends the Refugee Crisis in Iraq Act of 2007 to direct the Secretary of State or Homeland Security to improve the efficiency by which Iraqi special immigrant visa applications are processed so that all steps for the issuance of such visas are completed within nine months after the application is submitted. Provides a review process for applicants denied Chief of Mission approval. Allows the carry-forward through FY2014 of any unused balance of authorized visas from FY2008-FY2013. Requires: (1) a one-time report from such Secretaries to the judiciary and foreign relations committees on visa efficiency improvements implemented, and (2) quarterly reports on a Department of State website describing such improvements.
(Sec. 1219) Amends the Afghan Allies Protection Act of 2009 to provide a similar review process for Afghan special immigrant visa applicants denied Chief of Mission approval. Directs the Secretaries of State and Homeland Security to carry out the same application processing improvements with respect to such visas by the same deadline. Requires the same one-time and quarterly reports with respect to the implementation of efficiency improvements to the Afghan special immigrant visa process.
(Sec. 1220) Expresses the sense of the House of Representatives that the Iraq and Afghanistan special immigrant visa programs should be reformed by: (1) ensuring that applications are processed in a timely and transparent fashion; (2) providing parity so that Afghan principal applicants, like Iraqi principal applicants, are able to include their spouses, children, siblings, and parents; and (3) expanding eligibility to Afghan or Iraqi men and women employed by or on behalf of a media or nongovernmental organization headquartered in the United States or an organization or entity closely associated with the U.S. mission in Iraq or Afghanistan that has received U.S. government funding. Calls for such programs to be extended through 2018, without authorizing any additional special immigrant visas as authorized in the original statute.
Subtitle C: Matters Relating to Afghanistan Post 2014 - (Sec. 1221) Amends the NDAA for Fiscal Year 2008 to include in a required report on progress toward security and stabilization in Afghanistan: (1) a detailed description relating to the redeployment of U.S. Armed Forces from Afghanistan, and (2) a detailed assessment of the capability of the Afghan National Security Forces to provide operations and maintenance functions for their infrastructure projects after January 1, 2015.
(Sec. 1222) Expresses the sense of Congress that should the President determine it necessary to maintain U.S. troops in Afghanistan to carry out missions after December 31, 2014, such presence and missions should be authorized by a separate vote of Congress no later than June 1, 2014.
(Sec. 1223) Directs the Secretary to submit a plan regarding DOD intelligence assets and personnel supporting military operations in Afghanistan in relation to the drawdown of U.S. Armed Forces there.
(Sec. 1224) Prohibits the use of certain funds authorized under prior defense authorization Acts for infrastructure projects or reintegration activities in Afghanistan until 15 days after the Secretary makes a specified certification to Congress with respect to the bilateral security agreement with Afghanistan. Limits the availability of specified funds for the Commander's Emergency Response Program in Afghanistan and for the Afghanistan Security Forces Fund until 15 days after such certification.
(Sec. 1225) Prohibits the use of funds to establish any military installation or base for the purpose of providing for the permanent stationing of U.S. Armed Forces in Afghanistan.
Subtitle D: Matters Relating to Iran - (Sec. 1231) Directs the Secretary to report on the U.S. military partnership with Gulf Cooperation Council countries.
(Sec. 1232) Amends the NDAA for Fiscal Year 2010 to require additional information in a report concerning the military power of Iran.
(Sec. 1233) Expresses the sense of Congress that: (1) maintaining only one aircraft carrier battle group in the Arabian Gulf constrains U.S. ability to conduct military operations to prevent Iran from threatening the United States, its allies, or Iran's neighbors; (2) it is in the U.S. interest to maintain both land- and sea-based capabilities in the region; (3) U.S. military commanders have expressed concerns about operational constraints in the region; (4) the United States should construct and sustain a fleet of at least 11 aircraft carriers and associated battle force ships in order to meet current and future requirements in the Arabian Gulf; and (5) the United States, at the earliest possible date, should finalize bilateral agreements with key Gulf Cooperation Council countries that support the Defense of the Arabian Gulf requirements.
(Sec. 1234) Amends the Foreign Assistance Act of 1961 to authorize the President to enter into cooperative arrangements for the participation of foreign and U.S. military and civilian defense personnel in integrated air and missile defense programs.
(Sec. 1235) Condemns the government of Iran for its state-sponsored persecution of its Baha'i religious minority and its continued violation of the International Covenants on Human Rights. Calls on the government of Iran to release imprisoned Baha'i leaders, educators, and all other prisoners held solely on account of their religion. Calls on the President and Secretary of State, in cooperation with responsible nations, to condemn Iran's continued violation of human rights and demand the release of prisoners held on account of their religion.
Subtitle E: Reports and Other Matters - (Sec. 1241) Expresses the sense of Congress that: (1) the terrorist attack in Benghazi, Libya, on September 11, 2012, may have never occurred or could have been prevented had there been an international stabilizing force following NATO-led operations; (2) the U.S. military is more able to respond to terrorist attacks on U.S. facilities abroad if the responding military assets are forward deployed; and (3) the U.S. military should regularly reevaluate the posture and alert status requirements of its crisis response elements in order to be more responsive to the evolving and global nature of the terrorist threat. Directs the Secretary to report on the posture and readiness of U.S. Armed Forces to respond to future terrorist attacks in Africa and the Middle East.
(Sec. 1242) Expresses the sense of Congress that: (1) the United States should continue to closely monitor Egyptian President Morsi's support for the peace treaty with Israel; (2) the U.S. military relationship with the Egyptian military is long-standing and should remain a key pillar to, and component of, U.S. engagement with Egypt; (3) the Egyptian military has exercised restraint and professionalism during the unrest in Egypt over the last two years and hopefully will remain a key mechanism through which the United States can support the people of Egypt in achieving a representative and democratic political system; and (4) U.S. military assistance and support to the Egyptian military should continue, even as civilian aid to Egypt receives greater scrutiny as a result of the uncertainty associated with Egypt's current political leadership and economic policies. Directs: (1) the Secretary to submit a plan for U.S. military assistance and cooperation with Egypt, and (2) the CG to submit a follow-up report.
(Sec. 1243) Expresses the sense of Congress that: (1) the United States and its allies, South Korea and Japan, share the goal of a stable and peaceful Korean Peninsula free from nuclear weapons; (2) Congress supports the verifiable denuclearization of the Korean Peninsula in a peaceful manner, North Korea's abandonment of its nuclear programs, and North Korea's full acceptance of and compliance with the terms of the 1953 Armistice Agreement; (3) the United States encourages China and Russia to fully implement and enforce U.S. and United Nations (UN) Security Council sanctions against North Korea; and (4) the President, the Secretary of State, and the Secretary of Defense should keep Congress fully informed on security developments on the Korean Peninsula.
(Sec. 1244) Declares that: (1) the United States remains committed to assisting the people of Georgia in establishing a free and democratic society; (2) measures taken by the Georgian government against former officials and political opponents may have a significant negative impact on cooperation between the United States and Georgia; (3) the United States must be unambiguous in its actions with Georgia; and (4) the people of the United States and Members of Congress express their deepest condolences to the Georgian people on the loss of seven soldiers in Georgia in a suicide bombing on June 6, 2013, and on the deaths of three soldiers killed in another suicide bombing on May 13, 2013, while they were supporting U.S. and NATO forces in Afghanistan.
(Sec. 1245) Prohibits FY2014 DOD funds from being obligated or expended to plan, prepare, establish, or implement any regional special operations forces coordination center or similar entity. Provides an exception for any center authorized by statute. Requires a report from the Secretary on the concept, intent, and purpose of, and validated requirements justifying the establishment of, such a center.
(Sec. 1246) Amends the NDAA for Fiscal Year 2012 to require, when appropriate, updates on reports concerning military and security developments involving North Korea.
(Sec. 1247) Amends the Arms Control and Disarmament Act to: (1) add specified committees as recipients of an annual report concerning adherence to arms control agreements and commitments; and (2) require an annual briefing of such committees concerning such report.
(Sec. 1248) Prohibits FY2014-FY2018 DOD funds from being used to provide the Russian Federation with access to information on: (1) U.S. missile defense hit-to-kill technology, or (2) telemetry data relating to missile defense interceptors or target vehicles.
(Sec. 1249) Directs the President to: (1) encourage the Russian Federation to disclose any support provided for the ballistic missile programs of China, Syria, Iran, or North Korea; and (2) submit an initial and semiannual reports on any support provided.
Directs the Secretary of State to: (1) develop a plan to seek and secure the cooperation of Russia and China to reduce the spread of nuclear technology and expertise in support of the ballistic missile programs of Syria, Iran, North Korea, or any other country determined to have such a program; and (2) report annually until 2018 to the intelligence and foreign relations committees, and provide briefings, concerning such plan and its results.
(Sec. 1250) Directs the Secretary, with respect to any status of forces agreements between the United States and a foreign country, to notify and brief the defense, appropriations, and foreign relations committees.
(Sec. 1251) Expresses the sense of Congress that: (1) President Obama should have a comprehensive policy and ensure robust contingency planning to secure U.S. interests in Syria and should consider all courses of action to remove Syrian President Bashar al-Assad from power; (2) the conflict in Syria threatens the vital national security interests of Israel and the stability of Jordan, Lebanon, and Turkey, the implications of which should be weighed by the President when considering Syrian policy approaches; (3) the sale or transfer of advanced anti-aircraft weapon systems to Syria poses a grave risk to Israel and the United States supports Israel's right to respond to such threat; (4) the United States should support the stability of countries on Syria's border, including Jordan, Turkey, Iraq, Lebanon, and Israel; (5) the United States should continue to support Syrian opposition forces with non-lethal aid; (6) the President should fully consider, and DOD should plan for, the provision of lethal aid and relevant operational training to vetted Syrian opposition forces; and (7) the President should use all diplomatic means to disrupt the flow of arms into Syria.
(Sec. 1252) Corrects certain statutory references to former NATO support organizations and related NATO agreements under federal armed forces provisions and the Arms Export Control Act.
(Sec. 1253) Reaffirms that no action should be taken that reduces or limits U.S. Armed Forces or armaments in a militarily significant manner except pursuant to treaty-making power or unless specifically authorized by Congress. Prohibits funds for DOD for FY2014 or thereafter from being used to implement: (1) any executive agreement relating to U.S. missile defense capabilities, or (2) rules of engagement or guidance for employment of forces relating to such an executive agreement. Provides an exception with respect to a country with which the United States has entered into a treaty of alliance or security guarantee.
(Sec. 1254) Prohibits FY2014 funds for threat reduction engagement activities from being obligated or expended until the President certifies to Congress that no party to the Comprehensive Nuclear-Test-Ban Treaty has undertaken nuclear test activities in FY2013. Prohibits certain DOD funds from being used for lobbying or advocacy activities in the United States relating to such Treaty.
(Sec. 1255) Expresses the sense of Congress that DOD should fully consider and assess the Burmese military's efforts to implement ethnic reforms, end impunity for human rights abuses, and increase transparency and accountability before expanding military-to-military cooperation beyond initial dialogue and isolated engagements.
(Sec. 1256) Expresses the sense of Congress that: (1) forward-stationed U.S. troops and units in the U.S. European Command remain essential for U.S. planning, logistics, and operations; (2) DOD should implement certain recommendations to enable informed decisions prior to changes in U.S. force posture in Europe that could increase risk for the United States; and (3) the Secretary should keep Congress fully informed regarding the requirements of such force posture and the costs associated with maintaining such force.
(Sec. 1257) Urges the government of China to work peacefully to resolve existing territorial disputes in the Asia-Pacific region and to adopt a maritime code of conduct for activities there.
(Sec. 1258) States that nothing in this Act shall be construed as authorizing the use of force against Syria.
(Sec. 1259) Expresses the sense of Congress that the United States should: (1) allow all high-level officials of Taiwan to enter the United States or its embassies and consulates under conditions which demonstrate appropriate respect for the dignity of such leaders; (2) allow meetings between high-level Taiwanese and U.S. executive department officials; (3) allow the Taipei Economic and Cultural Representative Office and all other Taiwanese instrumentalities to conduct official business activities, including activities which involve participation by Members of Congress and other representatives of the federal, state, and local governments and all high-level Taiwanese officials, without U.S. government or foreign obstruction; and (4) adopt a policy of allowing high-ranking Taiwanese leaders to make official visits with high-ranking U.S. officials.
(Sec. 1260) Expresses the sense of Congress that: (1) the United States should continue to use all necessary means to fight against terrorism, including Hezbollah, (2) the President should strongly encourage his European counterparts to publicly condemn Hezbollah, (3) such allies should officially recognize Hezbollah as a terrorist organization, (4) any attempt to distinguish between military and civilian wings in Hezbollah is meaningless, and (5) all countries should work together to fight against radical terrorist organizations like Hezbollah.
(Sec. 1261) Authorizes the Secretary to deploy assets, personnel, and resources to the Joint Interagency Task Force South to combat various activities, including drug and human trafficking and narco-terrorism, by supplying sufficient intelligence capabilities.
(Sec. 1262) Prohibits the use of any DOD funds for FY2014 or thereafter to implement the Arms Trade Treaty unless it has been signed by the President, has received the advice and consent of the Senate, and has been the subject of implementing legislation by Congress.
(Sec. 1263) States that nothing in this Act shall be construed to authorize any use of military force.
(Sec. 1264) Prohibits DOD from using a drone to kill a U.S. citizen. Provides an exception in the case of an individual actively engaged in combat against the United States.
(Sec. 1265) Directs the President to carry out the sale of no fewer than 66 F-16C/D multi-role fighter aircraft to Taiwan.
(Sec. 1266) States that it is the policy of the United States to take all necessary steps to ensure that Israel possesses and maintains an independent capability to remove existential threats to its security and defend its vital national interests. Expresses the sense of Congress that air refueling tankers and advanced bunker-buster munitions should be immediately transferred to Israel for such purposes. Requires a report from the President to the defense, foreign relations, and appropriations committees on the identification, availability, and transfer to Israel of such aerial refueling platforms, munitions, and related capabilities.
(Sec. 1267) Directs the Secretary to report to the defense and foreign relations committees on: (1) the implications of new energy resource development and distribution networks in the areas surrounding the Caspian Sea for energy security strategies of the United States and NATO, and (2) the current and future military power of the Russian Federation.
(Sec. 1269) Prohibits DOD funds from being used to provide tear gas or other riot control items to the government of a country undergoing a transition to democracy in the Middle East or North Africa unless the Secretary certifies to the defense committees that the security forces of such government are not using excessive force to repress peaceful, lawful, and organized dissent.
(Sec. 1270) Requires the Secretary to report to Congress on measures to monitor and ensure that U.S. financial assistance to the Afghan National Security Forces to purchase fuel is not used to purchase fuel from Iran in violation of U.S. sanctions.
(Sec. 1271) Declares that Congress fully supports Israel's lawful exercise of self-defense, including actions to halt aggression.
(Sec. 1272) States that Congress:
- reaffirms the long-standing bonds of friendship and cooperation between the United States and Israel, which enjoy bipartisan support in Congress and among the people of the United States;
- supports the close military, intelligence, and security cooperation that President Obama has pursued with Israel;
- condemns the statements and policies of the leaders of the Islamic Republic of Iran threatening Israel's security and existence;
- recognizes the tremendous threat posed to the United States, the West, and Israel by Iran's pursuit of a nuclear weapons capability;
- reiterates that U.S. policy is to prevent Iran from acquiring a nuclear weapon capability and to take necessary action to implement such policy;
- supports the full implementation of U.S. and international sanctions on Iran;
- declares that the United States has a vital national interest and commitment to ensuring Israel's existence and security;
- supports Israel's right to self-defense; and
- urges that, if Israel is compelled to take military action in self-defense against Iran's nuclear weapons program, the U.S. government should provide Israel with diplomatic, military, and economic support.
States that nothing in this section shall be construed as an authorization for the use of force or a declaration of war.
(Sec. 1273) Expresses the sense of Congress that: (1) the paramount U.S. security concern is the ongoing and illegal nuclear weapons programs of Iran and North Korea; (2) it should be the primary objective of the President to ensure that North Korea's nuclear program is completely and verifiably eliminated and that Iran and its terrorist proxies are not permitted to develop nuclear weapons capability and the means to deliver them; (3) the continuing failure to compel Iran and North Korea to comply with their respective obligations under international law risks greater nuclear proliferation throughout already unstable regions; (4) nuclear arms reductions by the United States and the Russian Federation have not persuaded or incentivized Iran and North Korea to halt or reverse their nuclear weapons programs, and (5) the President should use all international forums available to pursue the complete and verifiable elimination of the nuclear weapons programs of Iran and North Korea.
(Sec. 1274) Prohibits DOD funds from being used to purchase any equipment from Rosoboronexport until the Secretary certifies to the defense and appropriations committees that: (1) such company is cooperating fully with the Defense Contract Audit Agency, (2) such company has not delivered S-300 advanced anti-aircraft missiles to Syria, and (3) no new contracts have been signed between such company and the Bashar al Assad regime in Syria since January 1, 2013. Allows the Secretary to waive such prohibition upon certification that it is in the national security interest to do so and requires a waiver report to such committees.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits FY2014 CTR funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Amends the NDAA for Fiscal Year 2010 to extend through 2018 DOD authority to accept certain contributions for CTR activities.
(Sec. 1304) Directs the Secretary to establish a strategy to reduce the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region. Requires such strategy to include: (1) an assessment of gaps in current cooperative nonproliferation efforts, (2) an articulation of agencies' threat reduction priorities in such region, (3) establishment of appropriate metrics for determining success in the region, and (4) steps to ensure that the strategy fits with broader U.S. efforts to reduce the threat from weapons of mass destruction.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2014 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, and (6) the Defense Health Program.
Subtitle B: National Defense Stockpile - (Sec. 1411) Directs the President to provide for the recovery of any strategic and critical materials from excess materials made available by federal agencies. Allows funds from the National Defense Stockpile Transaction Fund to be used for encouraging the conservation of such materials.
(Sec. 1412) Authorizes the National Defense Stockpile Manager to acquire specified materials determined to be strategic and critical to meet the defense, industrial, and essential civilian needs of the United States. Allows the Manager to use up to $41 million for such purpose and to make such purchases during FY2014-FY2019.
Subtitle C: Other Matters - (Sec. 1421) Earmarks specified funds for transfer from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
(Sec. 1422) Authorizes appropriations for FY2014 for the Armed Forces Retirement Home and for Army cemeterial expenses.
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1501) Authorizes appropriations for DOD for FY2014 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) drug interdiction and counter-drug activities, (7) the Defense Inspector General, and (8) the Defense Health Program.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $3 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Limitations and Other Matters - (Sec. 1531) Requires funds authorized for the Afghanistan Security Forces Fund to be subject to Fund use and other conditions outlined under the NDAA for Fiscal Year 2008. Directs the Secretary to revise a Fund use plan originally established under the NDAA for Fiscal Year 2013 to ensure that an office or official of DOD is made responsible for each program or activity utilizing such funds. Requires the Secretary to submit the revised plan to the defense and appropriations committees within 90 days after the enactment of this Act. Earmarks specified Fund amounts for FY2014 for the recruitment and retention of women in the Afghanistan National Security Forces.
(Sec. 1532) Directs the Secretary to report on the future DOD plans for the Joint Improvised Explosive Device Defeat Organization.
(Sec. 1533) Prohibits the obligation or expenditure of funds for intelligence, surveillance, and reconnaissance support for Operation Observant Compass until the Secretary reports to the defense and appropriations committees on such Operation, including specific goals to counter the Lord Resistance Army.
(Sec. 1534) Directs the Secretary to report on U.S. force levels and costs of military operations in Afghanistan for each of 2015 through 2020.
(Sec. 1535) Limits FY2014 funding for the Afghanistan Security Forces Fund until the Secretary submits to the defense committees a report concerning the aircraft, vehicles, and equipment to be purchased with such funds.
Title XVI: Industrial Base Matters - (Sec. 1601) Requires the DOD Inspector General to: (1) conduct periodic (at least every three years) audits of Buy American procurement contracting practices and policies, and (2) ensure that audit findings and related information are included in a required semiannual report to Congress.
(Sec. 1602) Directs the Under Secretary to publish in the Federal Register and on the website of DOD's Office of Small Business Programs a list of capabilities and characteristics recommended for the transition of a small business to become competitive as an other-than-small-business for contracts awarded by DOD. Requires such list to be reviewed and updated on an annual basis. Requires any contract awarded to a small business that would exceed the applicable small business size standard to include a clause that would encourage the small business to develop the capabilities and characteristics recommended in order to remain competitive for such contracts. Authorizes the DOD procurement technical assistance cooperative agreement program to provide assistance to such small businesses without the application of certain funding and cost-sharing limitations. Requires the Secretary to report in each of 2015 through 2017 on the implementation of this section.
(Sec. 1603) Increases the maximum federal share and per-entity assistance limits under the procurement technical assistance cooperative agreement program.
(Sec. 1604) Prohibits the Administrator of the Defense Logistics Agency from reducing the requirements for war reserve stocks for meals ready-to-eat until such Administrator and the heads of the military departments develop a strategic plan to address such requirements for each of the military departments. Requires such Administrator to brief the defense and appropriations committees on the plan before making any reductions.
(Sec. 1605) Prohibits the Secretary from contracting for satellite services with a foreign entity if such entity: (1) is one in which the government of China, North Korea, or a country that is a state sponsor of terrorism has an ownership interest, or (2) plans or is expected to provide launch or other satellite services under the contract from such a country. Authorizes the Secretary to waive such prohibition for a particular contract if the Secretary submits to the defense and appropriations committees a national security assessment that includes specified information on the entity and foreign country involved.
(Sec. 1606) Directs the Secretary to establish and implement the Proof of Concept Commercialization Pilot Program to accelerate the commercialization of basic research innovations from nonprofit institutions or federal laboratories. Authorizes the provision of awards to such institutions or laboratories using a competitive, merit-based process. Limits awards to $500,000 per year per institution. Terminates the program at the end of FY2018.
(Sec. 1607) Amends the Small Business Act to require the head of each federal agency, at the conclusion of each fiscal year, to report to the Administrator of the Small Business Administration (SBA) on the extent of participation in the procurement contracts of such agency by small businesses, qualified HUBZones (historically underutilized business zones), and small businesses owned and controlled by veterans, socially and economically disadvantaged individuals, or women. Requires the SBA Administrator to submit annually to the President and Congress each such report and a determination of whether each federal agency achieved its goal for that fiscal year for small business participation in federal procurement contracts.
(Sec. 1608) Directs such Administrator to establish and carry out a program to provide increased access to federal contract opportunities for early stage small businesses (businesses with no more than 15 employees and average annual receipts of no more than $1 million). Requires the Administrator to identify appropriate federal procurement contracts for award under the program. Allows a contracting officer to award: (1) a sole source contract under the program if an entity is determined to be a responsible contractor and the officer does not reasonably expect that two or more early stage businesses will submit offers, and (2) contracts on the basis of competition restricted to early stage businesses if the officer reasonably expects that at least two early stage businesses will submit offers and that the award can be made at a fair market price. Requires: (1) all program contract awards to be counted toward goals for small business participation in federal procurement contracts, and (2) the Administrator to report to Congress on the program's performance. Repeals a similar program under the Small Business Administration Reauthorization and Amendments Act of 1994.
(Sec. 1609) Amends Small Business Act provisions relating to federal agency contracting and subcontracting goals with respect to small businesses to allow prime contractors under a subcontracting plan pertaining to a single contract to receive credit under such goals for using small businesses as first tier subcontractors or at any tier under such plan. Allows the prime contractor, if the subcontracting goals pertain to more than one contract with one or more federal agencies or to one contract with more than one federal agency, to count only first tier subcontractors that are small businesses.
(Sec. 1610) Directs the CG to submit to the small business committees a report studying the feasibility of using federal subcontracting reporting systems to attribute subcontractors to particular contracts in the case of contractors that have subcontracting plans that pertain to multiple contracts with federal agencies.
(Sec. 1611) Provides that certain requirements under the NDAA for Fiscal Year 2013 concerning contracting officer requirements for contracts for which the offeror intends to award subcontracts for more than 70% of the contract value shall not apply in the case of a defense procurement contract to which subcontracting limitations of the Small Business Act apply,.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2014 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII and XXIX of this Act on October 1, 2016, or the date of enactment of an Act authorizing funds for military construction for FY2017, whichever is later, with an exception.
Title XXI: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to carry out architectural engineering services and construction design activities with respect to the construction and improvement of military family housing. Authorizes appropriations to the Army for fiscal years after 2013 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects.
(Sec. 2109) Directs the Secretary of Agriculture to transfer to the Secretary of the Army, for Army force protection measures, certain federal land administered as part of the Chattahoochee National Forest, Georgia.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Modifies or extends certain prior-year Navy military construction projects.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2013 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments).
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2013 for military construction and land acquisition for chemical demilitarization.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2013 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2013 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Other Matters - (Sec. 2611) Modifies the authority of the Secretary of the Navy with respect to a joint reserve construction project at Camp Dodge, Iowa, under the Military Construction Authorization Act (MCAA) for Fiscal Year 2013.
(Sec. 2612) Extends certain National Guard and reserve construction projects under the MCAA for Fiscal Year 2011.
Title XXVII: Base Realignment and Closure Activities - Subtitle A: Authorization of Appropriations - (Sec. 2701) Authorizes appropriations for fiscal years after 2013 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account.
Subtitle B: Other Matters - (Sec. 2711) States that nothing in this Act shall be construed to authorize an additional base realignment and closure (BRAC) round and prohibits any funds authorized in this Act from being used for such purpose.
(Sec. 2712) Amends the Wounded Warrior Act to eliminate a quarterly certification requirement with respect to the capacity of the military health care system in the National Capital Region.
(Sec. 2713) Requires the Secretary, in the analysis of any base closure or realignment decision, to include an accounting of the value of services (such as schools, libraries, and utilities, as well as land, structures, and access to other infrastructure) that are provided by the local community to the military installation and that result in cost savings for the Armed Forces.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Increases: (1) the authorized threshold (before certain report requirements) for unspecified minor military construction projects, and (2) the maximum amount of O&M funds authorized for carrying out such a project. Authorizes the Secretary concerned to adjust the dollar amount of limitations applicable to such projects to reflect the area's construction cost index for military construction projects (as published by DOD). Increases the cost threshold and extends through FY2020 the authority for DOD laboratory revitalization projects.
(Sec. 2802) Repeals a provision that: (1) requires the Secretary concerned to ensure that room patterns and floor areas of military family housing are similar to such patterns and areas of private housing in that locality, and (2) allows the Secretary concerned to enter into limited partnerships with private developers for the construction of housing within commuting distance of a military installation.
(Sec. 2804) Requires the Secretary concerned, in developing construction standards, to take into consideration the probability of a terrorist attack in that area.
(Sec. 2805) Provides for the treatment of payments received for providing utilities and services in connection with the use of alternative authority for the acquisition and improvement of military housing.
(Sec. 2806) Removes required congressional notification in connection with the use of funds from certain DOD military housing funds for cash investments in entities carrying out projects for the acquisition or construction of military housing units.
(Sec. 2807) Directs the Secretary, in required annual military housing privatization projects, to include any variances associated with litigation costs.
(Sec. 2807A) Directs the Secretary to report to Congress on the Military Housing Privatization Initiative.
(Sec. 2808) Amends the MCAA for Fiscal Year 1994 to extend through FY2014 the temporary, limited authority to use O&M funds for construction projects outside the United States. Extends related report requirements.
(Sec. 2809) Requires additional information within DOD master plans for major military installations.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Codifies under federal law certain policies and requirements regarding the closure and realignment of U.S. military installations abroad. Repeals superseded provisions of the NDAA for Fiscal Year 1991.
(Sec. 2812) Requires a report from the Secretary to Congress on the utilization of real property across DOD.
(Sec. 2813) Prohibits the Secretary and the Secretary of the Army from acquiring any land to expand the Pin.AE6on canyon maneuver site near Fort Carson, Colorado, unless: (1) the land acquisition is specifically authorized by Congress, (2) funds are specifically appropriated for the acquisition, and (3) the appropriate Secretary completes an environmental impact statement with respect to such acquisition.
Subtitle C: Energy Security - (Sec. 2821) Amends the MCAA for Fiscal Year 2012 to continue during FY2014 the prohibition on the use of funds for achieving Leadership in Energy and Environmental Design gold or platinum certifications.
Subtitle D: Provisions Related to Asia-Pacific Military Realignment - (Sec. 2831) Amends the MCAA for Fiscal Year: (1) 2010 to change from the previous fiscal year to the previous calendar year the period covered in an annual report by military inspectors general concerning Guam realignment, and (2) 2013 to repeal certain restrictions on the realignment of Marine Corps forces in the Asia-Pacific region.
Subtitle E: Land Conveyances - (Sec. 2841) Authorizes the Secretary of the Navy to: (1) acquire certain real property at Naval Base Ventura County, California, for the leasing of military family housing; (2) convey to such County the former Oxnard Air Force Base, to be used for public purposes; and (3) convey to the Philadelphia Regional Port Authority a portion of real property at the Philadelphia Naval Shipyard.
(Sec. 2844) Directs the Secretary of the Interior to convey to the state of Utah all U.S. rights and interests to certain lands within Camp Williams, Utah, to be used for Utah National Guard training purposes.
(Sec. 2845) Authorizes the Secretary of the Air Force to convey to the state of Utah the Air National Guard radar site on Francis Peak, Utah, to be used to support emergency public safety communications for northern Utah.
(Sec. 2846) Expresses the sense of Congress regarding the need for the conveyance of certain portions of the former Fort Monroe in Hampton, Virginia. Authorizes the Secretary of the Army to convey to the commonwealth of Virginia certain real property at the Fort.
(Sec. 2847) Authorizes the Secretary of the Army to convey to Derry Township, Pennsylvania, all U.S. rights and interests to the Mifflin County Army Reserve Center in Lewistown, Pennsylvania, to be used for a regional police headquarters or other public purposes.
Subtitle F: Other Matters - (Sec. 2861) Amends the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 to repeal a required annual report from the Economic Adjustment Committee.
(Sec. 2862) Redesignates the: (1) Asia-Pacific Center for Security Studies as the "Daniel K. Inouye Asia-Pacific Center for Security Studies," and (2) Graduate School of Nursing at the Uniformed Services University of the Health Sciences as the "Daniel K. Inouye Graduate School of Nursing."
(Sec. 2864) Amends the Dayton Aviation Heritage Preservation Act of 1992 to redesignate the John W. Berry, Sr. Wright Brothers Aviation Center as the "John W. Berry, Sr. Wright Brothers National Museum."
(Sec. 2865) Designates the memorial to members who have been awarded the Distinguished Flying Cross, located at March Air Field Museum in Riverside, California, as the "Distinguished Flying Cross National Memorial."
(Sec. 2866) Authorizes the Secretary of the Navy to permit a third party to establish and maintain, at a suitable location at the former Navy Dive School at the Washington Navy Yard (District of Columbia), a memorial to honor members who have served as divers and whose service in defense of the United States has been carried out beneath the waters of the world. Prohibits the use of federal funds for designing, procuring, preparing, installing, or maintaining the memorial.
(Sec. 2867) Permits emblems of belief approved for placement on government-provided headstones and markers to be included as part of: (1) a military memorial established or acquired by the federal government; or (2) any other military memorial established in cooperation with the American Battle Monuments Commission. Includes as approved emblems, at a minimum, all those authorized by the National Cemetery Administration.
Title XXIX: Overseas Contingency Operations Military Construction - (Sec. 2901) Authorizes the Secretary of the Army to acquire real property and carry out a military construction project at Guantanamo Bay, Cuba. Authorizes the use of unobligated prior-year funds for such purpose. Requires congressional notification if it becomes necessary to exceed the estimated project cost. Requires a briefing from the Secretary to the defense and appropriations committees on infrastructure and certain costs in support of detention operations at Guantanamo, as well as a master plan for continued detention operations there. Requires a related plan from the President regarding individuals proposed to be transferred from there.
Title XXX: Military Land Transfers and Withdrawals to Support Readiness and Security - Subtitle A: Limestone Hills Training Area, Montana - (Sec. 3001) Withdraws from all forms of appropriation under public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, specified public lands and interests in Broadwater County, Montana, identified on the map titled the "Limestone Hills Training Area Land Withdrawal." Reserves the withdrawn lands for use for: (1) training for regular and reserve components of the Armed Forces; (2) construction and operation of support and maintenance facilities for such components; (3) training by the Montana Department of Military Affairs; (4) training by state and local law enforcement agencies, civil defense organizations, and public education institutions; and (5) other defense-related purposes. Sets forth special rules regarding: (1) mining the Indian Creek Mine and the removal of unexploded ordnance; and (2) grazing permits and leases, hunting, fishing, and trapping, water rights, fire prevention and suppression, and ongoing decontamination on the withdrawn lands. Terminates such withdrawal on March 31, 2039, but allows the Secretary of the Army to apply for a renewal within five years of such date. Provides for a notice of withdrawal relinquishment by such Secretary.
Subtitle B: White Sands Missile Range, New Mexico - (Sec. 3021) Directs the Secretary of the Interior to transfer certain Bureau of Land Management (BLM) land in Dona Ana County, New Mexico, to the Secretary of the Army for inclusion in the White Sands Missile Range for use for military purposes. Requires the Secretary of the Interior, if a grazing permit or lease exists for any part of such land to be transferred, to transfer the grazing rights associated with such permit or lease to other public land that is acceptable to the permit or lease holder so that the grazing rights continue having the same value to the holder. Withdraws such transferred land from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, so long as the land remains under the jurisdiction of the Secretary of the Army.
Subtitle C: Naval Air Weapons Station China Lake, California - (Sec. 3031) Directs the Secretary of the Interior to transfer to the Secretary of the Navy certain public land in Inyo, Kern, and San Bernardino Counties, California, that is currently administered by BLM. Requires the transferred land to be included as part of the Naval Air Weapons Station China Lake, California, and authorizes the use of such land for military purposes. Withdraws such transferred land from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, so long as the land remains under the jurisdiction of the Secretary of the Navy.
Subtitle D: Chocolate Mountain Aerial Gunnery Range, California - (Sec. 3041) Directs the Secretary of the Interior to transfer to the Secretary of the Navy certain public lands in Imperial and Riverside Counties, California, for inclusion within the Chocolate Mountain Aerial Gunnery Range. Requires the Secretary of the Navy, upon determining that there is no longer a military need for the transferred lands, to transfer such lands back to the Secretary of the Interior. Requires appropriate land decontamination preceding the re-transfer. Extends a land withdrawal and reservation period consistent with the original transfer.
Subtitle E: Marine Corps Air Ground Combat Center Twentynine Palms, California - (Sec. 3051) Designates approximately 188,000 acres of specified public lands and interests administered by BLM in San Bernardino County, California, as the Johnson Valley Off-Highway Vehicle Recreation Area (Area) for purposes of public recreation (when the lands are not in use for military training as authorized by this section) and natural resources conservation. Authorizes the Secretary of the Navy to use parts of the Area twice each year for up to a total of 60 days for: (1) arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces; (2) individual and unit live-fire training ranges; (3) equipment and tactics development; and (4) other defense-related purposes. Prohibits the use of dud-producing ordnance in any such military activity conducted in the Area. Directs the Secretary of the Interior to transfer approximately 20,000 acres of specified BLM-administered land in San Bernardino County to the Secretary of the Navy. Includes such transferred land as part of the Marine Corps Air Ground Combat Center Twentynine Palms in California. Requires the termination, by no later than March 31, 2039, of the use of the Area for military purposes.
Subtitle F: Naval Air Station Fallon, Nevada - (Sec. 3061) Directs the Secretary of the Interior to transfer to the Secretary of the Navy specified previously withdrawn federal lands adjacent to Naval Air Station Fallon, Nevada.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2014 for: (1) activities of NNSA in carrying out programs necessary for national security; and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, and energy security and assurance.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the National Nuclear Security Administration Act (NNSA Act) to require the NNSA Administrator, in carrying out the NNSA mission, to ensure that NNSA operations and activities are consistent with: (1) protecting the environment; (2) safeguarding the safety and health of the public and the NNSA workforce; and (3) ensuring the security of nuclear weapons, nuclear material, and classified information in the custody of NNSA.
(Sec. 3112) Amends the NNSA Act to authorize the Secretary of Energy (Secretary, for purposes of this title only) to terminate an employee of NNSA or any element of DOE that involves nuclear security if the Secretary: (1) determines that the employee acted in a manner that endangers the security of special nuclear material or classified information, (2) considers the termination to be in the best interests of the United States, and (3) determines that termination procedures prescribed in other laws cannot be invoked in a manner consistent with national security. Allows such an employee, within 30 days after termination notification, to submit to the Secretary statements or affidavits to show why the employee should be restored to duty. Makes the Secretary's decision, after reviewing such filings, final and not subject to appeal or review outside DOE. Requires the Secretary to promptly notify the defense and appropriations committees of any such termination.
(Sec. 3113) Amends the Atomic Energy Defense Act to allow the Secretary of Defense to delegate the conduct of independent cost estimates with respect to DOE life extension programs and the construction of new nuclear facilities. Authorizes such Secretary to conduct an independent cost assessment of any NNSA initiative or program estimated to cost more than $500 million. Requires the Secretary to: (1) request an independent review of each guidance issued for the analysis of alternatives for each nuclear weapon system undergoing life extension and each new nuclear facility, as well as the results of such analysis; and (2) submit the results of such analysis to the Nuclear Weapons Council and the defense and appropriations committees. Terminates the independent review requirement three years after the enactment of this Act.
Expresses the sense of Congress urging the NNSA Administrator and the Nuclear Weapons Council to follow the results of such analysis when selecting a final option for a life extension program or defense nuclear facility construction project.
(Sec. 3114) Amends the NNSA Act to direct the Secretary to submit a comprehensive plan through 2025 for the retrieval, treatment, and disposition of nuclear waste contained in the tank farms of Hanford Nuclear Reservation, Richland, Washington. Outlines information required to be included in such plan, including all necessary requirements, assumptions, and criteria to design, construct, and operate Hanford's Waste Treatment and Immobilization Plant and any required infrastructure of facilities at the Tank Farms.
(Sec. 3115) Authorizes the Secretary, in carrying out certain procurements, to take specified actions with regard to reduction of DOE supply chain risks.
(Sec. 3116) Prohibits the obligation or expenditure of specified FY2014 NNSA funds until the Administrator submits: (1) a plan to realize the planned efficiencies (cost savings), and (2) written certification that such efficiencies will be achieved during FY2014. Requires additional explanation with respect to unrealized efficiencies. Provides an exception.
(Sec. 3117) Prohibits the obligation or expenditure of more than 75% of the funds authorized for the Office of the Administrator until the submission to Congress of specified reports required under prior law concerning nuclear weapons stockpile stewardship and oversight.
(Sec. 3118) Expresses the sense of Congress that NNSA should: (1) prioritize its primary mission of sustaining and modernizing the nuclear weapons stockpile, and (2) shift funding from secondary missions as needed to ensure that modernization programs stay on schedule and deliver the nuclear warheads needed to support U.S. military requirements. Prohibits the obligation or expenditure of more than 80% of funding for the Global Threat Reduction Initiative until 60 days after the Administrator certifies that the B61 life extension program will deliver a first production unit in FY2019.
Sec. 3119) Directs the Administrator to establish within the nuclear security enterprise a Center for Security Technology, Analysis, Testing, and Response to provide expertise with respect to security technologies, systems, analysis, testing, and response forces.
(Sec. 3120) Amends the NDAA for Fiscal Year 2013 to provide that, if a management and operating contract awarded by NNSA is protested, a report required under such Act shall be submitted within 30 days after such protest is resolved. Requires the report to include assumptions used and analysis conducted to determine expected cost savings under such contracts. Excludes from such requirement management and operations contracts for naval reactor facilities.
(Sec. 3121) Directs the Secretaries of Defense and Energy, in carrying out certain phases of the joint W78/88-1 warhead life extension program, to include during such phases an analysis of feasibility, design definition, and cost estimation for four listed life extension options.
(Sec. 3122) Requires the Administrator to ensure that: (1) the principles of a prior pilot program to improve and streamline oversight of the Kansas City Plant of NNSA are permanently implemented there, and (2) such principles are extended to at least two additional facilities of the DOE nuclear security enterprise. Authorizes the Administrator to exempt high-hazard or high-risk activities from such extension and requires the Administrator to exempt nuclear operations from such extension. Requires a certification from the Administrator with respect to the maturity of processes in place to ensure such extensions without undue risk.
(Sec. 3123) Amends the Department of Energy Organization Act to extend through FY2020 the authority to enter into transactions other than a contract, grant, or cooperative agreement in order to carry out certain DOE research projects.
Subtitle C: Reports - (Sec. 3131) Amends the Atomic Energy Defense Act to require the Administrator to submit annually to the Secretary and the defense and appropriations committees: (1) a report detailing the status of the nuclear security enterprise; and (2) written certification that the special nuclear material, nuclear weapons, and classified information in the custody of NNSA are secure.
(Sec. 3132) Requires additional information within annual assessments regarding the condition of the nuclear weapons stockpile, including results from any investigations. Requires any assessment submitted by the Commander of the U.S. Strategic Command to include a summary of major assembly releases. Requires that if the President does not forward such assessments to Congress by March 15 annually (as required), the official involved shall submit such assessments, without changes, to the defense and appropriations committees.
(Sec. 3133) Repeals required annual reports concerning: (1) counterintelligence and security practices at national laboratories, and (2) advanced supercomputer sales to certain foreign countries.
Subtitle D: Other Matters - (Sec. 3141) Amends the NDAA for Fiscal Year 2013 to revise report deadlines of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise. Extends the Panel's termination date to no later than September 30, 2014, and requires a final report prior to such termination.
(Sec. 3142) Directs the Administrator to study and report on the potential reuse of nuclear weapon secondaries, including an assessment of the potential for reusing secondaries in future life extension programs.
(Sec. 3145) Directs the Secretary to manage the Waste Isolation Pilot Plant in such a way as to include the transportation and disposal of any non-defense federally-owned transuranic waste meeting certain criteria described in the document entitled "Transuranic Waste Acceptance Criteria For The Waste Isolation Pilot Plant," published by DOE on April 21, 2011.
(Sec. 3146) Directs the Secretary to convey to the Community Reuse Organization of the Hanford Site (Washington) certain real property on the Hanford Reservation.
(Sec. 3147) Establishes the Manhattan Project National Historical Park (Park) as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in land in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Requires inclusion of the B Reactor National Historic Landmark in Hanford. Directs the Secretary of the Interior and the Secretary of Energy to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under DOE's jurisdiction to be included in the Park. Requires the Interior Secretary under any such agreement to: (1) have decisionmaking authority for the content of the historic interpretation of the Manhattan Project for purposes of administering the Park, and (2) ensure that the agreement provides for an appropriate advisory role for the National Park Service (NPS) in preserving the historic resources covered by the agreement. Requires the DOE Secretary under any such agreement to: (1) ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of DOE at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) retain responsibility for any necessary environmental remediation; and (3) retain authority and legal obligations for historic preservation and general maintenance.
Requires the Interior Secretary to: (1) consult with interested state, county, and local officials and members of the public before executing any such agreement or developing a general management plan; and (2) complete such a plan within three years after funds are provided for the Park. Authorizes the Secretary to provide interpretive tours of historically significant Manhattan Project sites and resources located outside Park boundaries. Prohibits the acquisition by condemnation of any land or interest in land for the purposes of this Act.
Authorizes the Interior Secretary to: (1) enter into agreements with federal agencies to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under their control; and (2) accept donations from, and enter into cooperative agreements with, state governments, local governments, tribal governments, organizations, or individuals to further the purpose of such agreement, or to provide visitor services and administrative facilities. Authorizes the Secretary to provide certain technical assistance to such governments, organizations, or individuals. Prohibits anything in this Act, the establishment of the Park, or the management plan for the Park from being construed as creating buffer zones outside of the Park.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2014 for the Defense Nuclear Facilities Safety Board.
(Sec. 3202) Authorizes the Secretary of Energy to request an analysis from the Board regarding the costs and benefits of any draft or final recommendation with respect to DOE defense nuclear facilities, including facility operations, standards, and research needs.
Title XXXIV [sic]: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2014 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation for FY2014 for the Maritime Administration (MA) for specified activities, including: (1) operations and support of the U.S. Merchant Marine Academy and the state maritime academies, (2) the disposal of obsolete vessels in the National Defense Reserve Fleet, (3) maintaining a U.S.-flag merchant fleet, and (4) maritime loan guarantees.
(Sec. 3502) Extends through 2020 the authority of the Secretary of Transportation to provide insurance and reinsurance under the vessel war risk insurance program.
(Sec. 3503) Expresses the sense of Congress that: (1) maintaining a U.S. shipbu ilding base is critical to meeting U.S. national security requirements; (2) it is vitally important that the MA's Ready Reserve Force remains capable, modern, and efficient; (3) federal agencies must consider investment options for replacing aging vessels within such Force; and (4) DOT should pursue the most cost-effective means of recapitalizing such Force, including by promoting the building of new vessels that are militarily useful and commercially viable.
(Sec. 3504) Authorizes (current law requires) funds provided for an intermodal transportation maritime facility at Port of Anchorage, Alaska, to be transferred to and administered by the MA Administrator.
(Sec. 3505) Authorizes the Administrator, under the port infrastructure development program, to give funding priority to strategic seaports in support of national security requirements. Authorizes the Secretary of Transportation to provide financial assistance to port authorities or commissions under such program.
Division D: Funding Tables - (Sec. 4001) Provides that whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation or expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
Title XLI: Procurement - (Sec. 4101) Sets forth authorized FY2014 funding levels with respect to procurement.
Title XLII: Research, Development, Test, and Evaluation - (Sec. 4201) Sets forth authorized funding levels with respect to RDT&E.
Title XLIII: Operation and Maintenance - (Sec. 4301) Sets forth authorized funding levels for O&M.
Title XLIV: Military Personnel - (Sec. 4401) Sets forth authorized funding levels for military personnel.
Title XLV: Other Authorizations - (Sec. 4501) Sets forth authorized funding levels for other authorizations.
Title XLVI: Military Construction - (Sec. 4601) Sets forth authorized funding levels for military construction.
Title XLVII: Department of Energy National Security Programs - (Sec. 4701) Sets forth authorized funding levels for DOE national security programs.
Division E: Federal Information Technology Acquisition Reform Act - Federal Information Technology Acquisition Reform Act - Title LI: Management of Information Technology Within Federal Government - (Sec. 5101) Modifies the current framework governing the management of information technology (IT) within the federal government to require presidential appointment or designation of the Chief Information Officer (CIO) in specified federal agencies (thereby providing consistency with the presidential appointment or designation of Chief Financial Officers for such agencies, but specifically excludes DOD).
(Sec. 5102) Designates the Chief Information Officers Council as the lead interagency forum for improving agency coordination of information resources investment. Requires the Council, annually over a six-year period, to report to the defense and oversight committees on its activities.
(Sec. 5103) Require the CG to examine the effectiveness of the Council, and report examination results to such committees.
Title LII: Data Center Optimization - (Sec. 5203) Requires the Federal Chief Information Officer (FCIO) (defined as the Administrator of the Office of Electronic Government in the Office of Management and Budget [OMB]) to develop and implement the Federal Data Center Optimization Initiative to optimize the usage and efficiency of federal data centers. Directs the FCIO to develop and submit to Congress a plan for the Initiative.
(Sec. 5204) Sets forth permissible methods for agencies to consolidate data centers and achieve maximum server utilization and energy efficiency.
(Sec. 5205) Requires agencies to track costs resulting from implementation of the Initiative within each agency and to submit an annual report on such costs to the FCIO. Requires such agencies to also track savings achieved. Directs the CG to examine methods for calculating savings from the Initiative and to report findings and recommendations to the FCIO.
(Sec. 5206) Requires: (1) each agency to report annually to the FCIO on Initiative implementation, and (2) the FCIO to report annually to such committees assessing agency progress in carrying out the Initiative.
Title LIII: Elimination of Duplication and Waste in Information Technology Acquisition - (Sec. 5301) Requires the OMB Director to develop a plan for conducting a government-wide inventory of IT assets and to submit such plan to Congress. Directs the CG to review such plan and submit review results to such committees.
(Sec. 5302) Directs the OMB Director to: (1) assess all publicly available websites of federal agencies, and (2) require agencies to eliminate or consolidate any duplicate or overlapping sites.
(Sec. 5303) Expresses the sense of Congress that transition to cloud computing offers significant potential benefits for the the implementation of federal IT projects. Permits CIOs to establish cloud service working capital funds.
(Sec. 5304) Prohibits an executive agency from issuing a solicitation for contract vehicles for IT or other goods and services in excess of $50 million unless the agency performs a business case analysis and obtains approval from the Administrator for Federal Procurement Policy (FPP). Requires such Administrator to report to such committees on the implementation of this section.
Title LIV: Strengthening and Streamlining Information Technology Acquisition Management Practices - Subtitle A: Strengthening and Streamlining IT Program Management Practices - (Sec. 5401) Requires the OMB Director to establish a Federal Infrastructure and Common Application Collaboration Center to serve as a focal point for coordinated program management practices and to develop and maintain requirements for the acquisition of IT infrastructure and applications commonly used by federal agencies. Requires: (1) the Director to report annually to such committees on the Center's organization, staff, and activities; (2) the Center to identify and develop a strategic sourcing initiative to enhance government-wide acquisition, shared use, and dissemination of software, as well as compliance with end user license agreements; and (3) the Center to compile a price list and catalogue containing current pricing information by vendor for each of its IT infrastructure and common applications categories. Establishes the Federal IT Acquisition Management Improvement Fund to support Center activities. Provides deadlines for various Center activities.
(Sec. 5402) Requires the OMB Director, within one year after the enactment of this section and every three years thereafter, to designate, redesignate, or withdraw the designation of assisted acquisition centers of excellence (AACEs) to develop areas of specialized IT acquisition expertise within various executive agencies. Sets forth authority for AACEs to implement best practices, assist agencies in expedient and low-cost interagency acquisitions by engaging in repeated and frequent acquisition of similar IT requirements, and assist with IT workforce recruitment and training. Directs the CG to review and assess the use and management of fees received by the AACEs and report review results to such committees.
Subtitle B: Strengthening IT Acquisition Workforce - (Sec. 5411) Requires the Director to submit to such committees a five-year strategic plan to develop, strengthen, and solidify IT acquisition cadres. Requires: (1) the Director to report annually for five years after such plan's submission on progress made under the plan, (2) the CG to review such plan and report review results, and (3) the CG to independently assess the findings of the annual report and brief such committees thereafter. (According to H.Rept. 113-359, accompanying H.R.1232, "Director" is the OMB Director.)
(Sec. 5412) Requires the OMB Director to submit to such committees a plan for improving management of IT programs and projects.
(Sec. 5413) Directs the Office of Personnel Management (OPM) to develop policies for agencies to develop a program to recognize excellent performance by federal employees and teams in the acquisition of information systems and IT. Requires such policies to include guidance regarding the award of cash bonuses and other incentives.
Title LV: Additional Reforms - (Sec. 5501) Directs the FPP Administrator to prescribe regulations requiring a comparative value analysis to be included in the contract file when the federal government purchases services and supplies offered under the Federal Strategic Sourcing Initiative from sources outside such Initiative.
(Sec. 5502) Requires the final negotiated price offered by an awardee of a blanket purchase agreement to be treated as public information. Requires additional information concerning blanket purchase agreements and IT investments to be made available to the public.
(Sec. 5503) Permits executive agencies to state in solicitations that awards will be made using a fixed price technical competition under which all offerors compete solely on non-price factors and the fixed award price is pre-announced in the solicitation.
(Sec. 5504) Requires the OMB Director to make publicly available the cost, schedule, and performance data for at least: (1) 80% of all IT investments government-wide, and (2) 60% of all IT investments made by specified federal agencies. Allows for the waiver of such requirement in the national security interest.
(Sec. 5505) Requires the Federal Acquisition Regulatory Council to prescribe a regulation making it clear that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as such exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms.
(Sec. 5506) Establishes guidance for developing and evaluating software acquisition processes that promote procurement choices based on performance and value in a manner free of preconceived preferences based on how technology is developed, licensed, or distributed. Requires the OMB Director to issue guidance concerning the technology-neutral procurement and use of software within the federal government. Prohibits such guidance from modifying the federal policy of following technology-neutral principles when selecting and acquiring IT. Directs the CG to report to such committees on an assessment of the effectiveness of the guidance issued, an identification of barriers to widespread federal government use of specific software technologies, and appropriate recommendations.