Library / Laws / 113th / hr / H.R. 1960 / Placed on Calendar (Senate)
II
Calendar No. 126
113th CONGRESS
1st Session
H. R. 1960
IN THE SENATE OF THE UNITED
STATES
July 8, 2013
Received; read twice and placed on the
calendar
AN ACT
To authorize appropriations for fiscal year
2014 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy, to
prescribe military personnel strengths for such fiscal year, and for other
purposes.
1.
Short title
This Act may be cited as the
National Defense Authorization Act for
Fiscal Year 2014.
2.
Organization of Act
into divisions; table of contents
(a)
Divisions
This
Act is organized into five divisions as follows:
(1) Division
A—Department of Defense Authorizations.
(2) Division
B—Military Construction Authorizations.
(3) Division
C—Department of Energy National Security Authorizations and Other
Authorizations.
(4) Division D—Funding
Tables.
(5) Division E—Federal Information Technology
Acquisition Reform Act.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of
contents.
Sec. 3. Congressional defense committees.
Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
Title I—Procurement
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Limitation on availability of funds for Stryker
vehicle program.
Subtitle C—Navy Programs
Sec. 121. Multiyear procurement authority for E–2D aircraft
program.
Sec. 122. Cost limitation for CVN–78 aircraft
carriers.
Subtitle D—Air Force Programs
Sec. 131. Multiyear procurement authority for multiple variants
of the C–130J aircraft program.
Sec. 132. Prohibition on cancellation or modification of
avionics modernization program for C–130 aircraft.
Sec. 133. Retirement of KC–135R aircraft.
Sec. 134. Competition for evolved expendable launch vehicle
providers.
Subtitle E—Defense-Wide, Joint, and Multiservice
Matters
Sec. 141. Multiyear procurement authority for ground-based
interceptors.
Sec. 142. Multiyear procurement authority for tactical wheeled
vehicles.
Sec. 143. Limitation on availability of funds for retirement of
RQ–4 Global Hawk unmanned aircraft systems.
Sec. 144. Personal protection equipment
procurement.
Sec. 145. Repeal of certain F–35 reporting
requirements.
Sec. 146. Study on procurement of personal protection
equipment.
Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. Limitation on availability of funds for ground combat
vehicle engineering and manufacturing phase.
Sec. 212. Limitation on Milestone A activities for Unmanned
Carrier-launched Surveillance and Strike system program.
Sec. 213. Limitation on availability of funds for Air Force
logistics transformation.
Sec. 214. Limitation on availability of funds for defensive
cyberspace operations of the Air Force.
Sec. 215. Limitation on availability of funds for precision
extended range munition program.
Sec. 216. Limitation on availability of funds for the program
manager for biometrics of the Department of Defense.
Sec. 217. Unmanned combat air system demonstration testing
requirement.
Sec. 218. Long-range standoff weapon requirement.
Sec. 219. Review of software development for F–35
aircraft.
Sec. 220. Evaluation and assessment of the Distributed Common
Ground System.
Sec. 221. Requirement to complete individual carbine
testing.
Sec. 222. Establishment of funding line and fielding plan for
Navy laser weapon system.
Sec. 223. Sense of Congress on importance of aligning common
missile compartment of Ohio-class replacement program with the United Kingdom's
Vanguard successor program.
Sec. 224. Sense of congress on counter-electronics high power
microwave missile project.
Sec. 225. Limitation on availability of funds for space-based
infrared systems space program.
Subtitle C—Missile Defense Programs
Sec. 231. Prohibition on use of funds for MEADS
program.
Sec. 232. Additional missile defense site in the United States
for optimized protection of the homeland.
Sec. 233. Limitation on removal of missile defense equipment
from East Asia.
Sec. 234. Improvements to acquisition accountability reports on
ballistic missile defense system.
Sec. 235. Analysis of alternatives for successor to precision
tracking space system.
Sec. 236. Plan to improve organic kill assessment capability of
the ground-based midcourse defense system.
Sec. 237. Availability of funds for Iron Dome short-range
rocket defense program.
Sec. 238. NATO and the phased, adaptive approach to missile
defense in Europe.
Sec. 239. Sense of Congress on procurement of capability
enhancement II exoatmospheric kill vehicle.
Sec. 240. Sense of Congress on 30th anniversary of the
Strategic Defense Initiative.
Sec. 241. Readiness of intercontinental ballistic missile
force.
Sec. 242. Sense of Congress on negotiations affecting the
missile defenses of the United States.
Subtitle D—Reports
Sec. 251. Annual Comptroller General report on the amphibious
combat vehicle acquisition program.
Sec. 252. Report on strategy to improve body armor.
Sec. 253. Report on main battle tank fuel efficiency
initiative.
Sec. 254. Report on powered rail system.
Sec. 255. Report on science, technology, engineering, and
mathematics scholarship program.
Subtitle E—Other Matters
Sec. 261. Establishment of Cryptographic Modernization Review
and Advisory Board.
Sec. 262. Clarification of eligibility of a State to
participate in defense experimental program to stimulate competitive
research.
Sec. 263. Extension and expansion of mechanisms to provide
funds for defense laboratories for research and development of technologies for
military missions.
Sec. 264. Extension of authority to award prizes for advanced
technology achievements.
Sec. 265. Five-year extension of pilot program to include
technology protection features during research and development of certain
defense systems.
Sec. 266. Briefing on power and energy research conducted at
university affiliated research centers.
Sec. 267. Approval of certain new uses of research,
development, test, and evaluation land.
Sec. 268. Canines as stand-off detection of explosives and
explosive precursors.
Title III—Operation and Maintenance
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Authorization of appropriations for Marine Security
Guard.
Sec. 303. Authorization of appropriations for Crisis Response
Force.
Subtitle B—Energy and Environment
Sec. 311. Deadline for submission of reports on proposed
budgets for activities relating to operational energy strategy.
Sec. 312. Facilitation of interagency cooperation in
conservation programs of the Departments of Defense, Agriculture, and Interior
to avoid or reduce adverse impacts on military readiness
activities.
Sec. 313. Reauthorization of Sikes Act.
Sec. 314. Cooperative agreements under Sikes Act for land
management related to Department of Defense readiness activities.
Sec. 315. Exclusions from definition of chemical
substance under Toxic Substances Control Act.
Sec. 316. Exemption of Department of Defense from alternative
fuel procurement requirement.
Sec. 317. Clarification of prohibition on disposing of waste in
open-air burn pits.
Sec. 318. Limitation on plan, design, refurbishing, or
construction of biofuels refineries.
Sec. 319. Limitation on procurement of biofuels.
Sec. 320. Military readiness and southern sea otter
conservation.
Subtitle C—Logistics and Sustainment
Sec. 321. Littoral Combat Ship Strategic Sustainment
Plan.
Sec. 322. Review of critical manufacturing capabilities within
Army arsenals.
Sec. 323. Inclusion of Army arsenals capabilities in
solicitations.
Sec. 324. Assessment of outreach for small business concerns
owned and controlled by women and minorities required before conversion of
certain functions to contractor performance.
Subtitle D—Reports
Sec. 331. Additional reporting requirements relating to
personnel and unit readiness.
Sec. 332. Repeal of annual Comptroller General report on Army
progress.
Sec. 333. Revision to requirement for annual submission of
information regarding information technology capital assets.
Sec. 334. Ordnance related records review and reporting
requirement for Vieques and Culebra Islands, Puerto Rico.
Subtitle E—Limitations and Extensions of Authority
Sec. 341. Limitation on reduction of force structure at Lajes
Air Force Base, Azores.
Sec. 342. Prohibition on performance of Department of Defense
flight demonstration teams outside the United States.
Subtitle F—Other Matters
Sec. 351. Requirement to establish policy on joint combat
uniforms.
Title IV—Military Personnel Authorizations
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength
minimum levels.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support
of the reserves.
Sec. 413. End strengths for military technicians (dual
status).
Sec. 414. Fiscal year 2014 limitation on number of non-dual
status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be
on active duty for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
Title V—Military Personnel Policy
Subtitle A—Officer Personnel Policy Generally
Sec. 501. Limitations on number of general and flag officers on
active duty.
Subtitle B—Reserve Component Management
Sec. 511. Minimum notification requirements for members of
reserve components before deployment or cancellation of deployment related to a
contingency operation.
Sec. 512. Information to be provided to boards considering
officers for selective early removal from reserve active-status
list.
Sec. 513. Temporary authority to maintain active status and
inactive status lists of members in the inactive National Guard.
Sec. 514. Review of requirements and authorizations for reserve
component general and flag officers in an active status.
Sec. 515. Feasability study on establishing a unit of the
National Guard in American Samoa and in the Commonwealth of the Northern
Mariana Islands.
Sec. 516. Designation of State student cadet corps as
Department of Defense youth organizations.
Subtitle C—General Service Authorities
Sec. 521. Review of Integrated Disability Evaluation
System.
Sec. 522. Compliance requirements for organizational climate
assessments.
Sec. 523. Command responsibility and accountability for remains
of members of the Army, Navy, Air Force, and Marine Corps who die outside the
United States.
Sec. 524. Contents of Transition Assistance
Program.
Sec. 525. Procedures for judicial review of military personnel
decisions relating to correction of military records.
Sec. 526. Establishment and use of consistent definition of
gender-neutral occupational standard for military career
designators.
Sec. 527. Expansion and enhancement of authorities relating to
protected communications of members of the Armed Forces and prohibited
retaliatory actions.
Sec. 528. Applicability of medical examination requirement
regarding post-traumatic stress disorder or traumatic brain injury to
proceedings under the Uniform Code of Military Justice.
Sec. 529. Protection of the religious freedom of military
chaplains to close a prayer outside of a religious service according to the
traditions, expressions, and religious exercises of the endorsing faith
group.
Sec. 530. Expansion and implementation of protection of rights
of conscience of members of the Armed Forces and chaplains of such
members.
Sec. 530A. Servicemembers’ Accountability, Rights, and
Responsibilities Training.
Sec. 530B. Inspector General of the Department of Defense
review of separation of members of the Armed Forces who made unrestricted
reports of sexual assault.
Sec. 530C. Report on data and information collected in
connection with Department of Defense review of laws, policies, and regulations
restricting service of female members of the Armed Forces.
Sec. 530D. Sense of Congress regarding the Women in Service
Implementation Plan.
Sec. 530E. Meetings with respect to religious
liberty.
Sec. 530F. Proof of period of military service for purposes of
interest rate limitation under the Servicemembers Civil Relief Act.
Sec. 530G. Policy on military recruitment and enlistment of
graduates of secondary schools.
Sec. 530H. Comptroller General report on use of determination
of personality disorder or adjustment disorder as basis to separate members
from the Armed Forces.
Subtitle D—Military Justice, Including Sexual Assault
Prevention and Response
Sec. 531. Limitations on convening authority discretion
regarding court-martial findings and sentence.
Sec. 532. Elimination of five-year statute of limitations on
trial by court-martial for additional offenses involving sex-related
crimes.
Sec. 533. Discharge or dismissal for certain sex-related
offenses and trial of offenses by general courts-martial.
Sec. 534. Regulations regarding consideration of application
for permanent change of station or unit transfer by victims of sexual
assault.
Sec. 535. Consideration of need for, and authority to provide
for, temporary administrative reassignment or removal of a member on active
duty who is accused of committing a sexual assault or related
offense.
Sec. 536. Victims’ Counsel for victims of sex-related offenses
and related provisions.
Sec. 537. Inspector General investigation of allegations of
retaliatory personnel actions taken in response to making protected
communications regarding sexual assault.
Sec. 538. Secretary of Defense report on role of commanders in
military justice process.
Sec. 539. Review and policy regarding Department of Defense
investigative practices in response to allegations of sex-related
offenses.
Sec. 540. Uniform training and education programs for sexual
assault prevention and response program.
Sec. 541. Development of selection criteria for assignment as
Sexual Assault Response and Prevention Program Managers, Sexual Assault
Response Coordinators, Sexual Assault Victim Advocates, and Sexual Assault
Nurse Examiners-Adult/Adolescent.
Sec. 542. Extension of crime victims’ rights to victims of
offenses under the Uniform Code of Military Justice.
Sec. 543. Defense counsel interview of complaining witnesses in
presence of counsel for the complaining witness or a Sexual Assault Victim
Advocate.
Sec. 544. Participation by complaining witnesses in clemency
phase of courts-martial process.
Sec. 545. Eight-day incident reporting requirement in response
to unrestricted report of sexual assault in which the victim is a member of the
Armed Forces.
Sec. 546. Amendment to Manual for Courts-Martial to eliminate
considerations relating to character and military service of accused in initial
disposition of sex-related offenses.
Sec. 547. Inclusion of letter of reprimands, nonpunitive letter
of reprimands and counseling statements.
Sec. 548. Enhanced protections for prospective members and new
members of the Armed Forces during entry-level processing and
training.
Sec. 549. Independent reviews and assessments of Uniform Code
of Military Justice and judicial proceedings of sexual assault
cases.
Sec. 550. Review of the Office of Diversity Management and
Equal Opportunity role in sexual harassment cases.
Sec. 550A. Discharge or dismissal, and confinement required for
certain sex-related offenses committed by members of the Armed
Forces.
Sec. 550B. Enhancement to requirements for availability of
information on sexual assault prevention and response resources.
Sec. 550C. Military Hazing Prevention Oversight
Panel.
Sec. 550D. Prevention of sexual assault at military service
academies.
Sec. 550E. Ensuring awareness of policy to instruct victims of
sexual assault seeking security clearance to answer no to
question 21.
Sec. 550F. Report on policies and regulations regarding service
members living with or at risk of contracting HIV.
Sec. 550G. Additional modification of annual Department of
Defense reporting requirements regarding sexual assaults and prevention and
response program.
Subtitle E—Military Family Readiness
Sec. 551. Department of Defense recognition of spouses of
members of the Armed Forces who serve in combat zones.
Sec. 552. Protection of child custody arrangements for parents
who are members of the Armed Forces.
Sec. 553. Treatment of relocation of members of the Armed
Forces for active duty for purposes of mortgage refinancing.
Sec. 554. Family support programs for immediate family members
of members of the Armed Forces assigned to special operations
forces.
Sec. 555. Transition of members of the Armed Forces and their
families from military to civilian life.
Sec. 556. Mortgage protection for members of the Armed Forces,
surviving spouses, and certain veterans and other improvements to the
Servicemembers Civil Relief Act.
Sec. 557. Department of Defense recognition of dependents of
members of the Armed Forces who serve in combat zones.
Subtitle F—Education and Training Opportunities and
Wellness
Sec. 561. Inclusion of Freely Associated States within scope of
Junior Reserve Officers’ Training Corps program.
Sec. 562. Improved climate assessments and dissemination and
tracking of results.
Sec. 563. Service-wide 360 assessments.
Sec. 564. Health welfare inspections.
Sec. 565. Review of security of military installations,
including barracks and multi-family residences.
Sec. 566. Enhancement of mechanisms to correlate skills and
training for military occupational specialties with skills and training
required for civilian certifications and licenses.
Sec. 567. Use of educational assistance for courses in pursuit
of civilian certifications or licenses.
Sec. 568. Requirement to continue provision of tuition
assistance for members of the Armed Forces.
Sec. 569. Internet access for members of the Army, Navy, Air
Force, and Marine Corps serving in combat zones.
Sec. 570. Report on the Troops to Teachers program.
Sec. 570A. Secretary of Defense report on feasibility of
requiring automatic operation of current prohibition on accrual of interest on
direct student loans of certain members of the Armed Forces.
Subtitle G—Defense Dependents’ Education
Sec. 571. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 572. Support for efforts to improve academic achievement
and transition of military dependent students.
Sec. 573. Treatment of tuition payments received for virtual
elementary and secondary education component of Department of Defense education
program.
Subtitle H—Decorations and Awards
Sec. 581. Fraudulent representations about receipt of military
decorations or medals.
Sec. 582. Repeal of limitation on number of medals of honor
that may be awarded to the same member of the Armed Forces.
Sec. 583. Standardization of time-limits for recommending and
awarding Medal of Honor, Distinguished-Service Cross, Navy Cross, Air Force
Cross, and Distinguished-Service Medal.
Sec. 584. Recodification and revision of Army, Navy, Air Force,
and Coast Guard Medal of Honor Roll requirements.
Sec. 585. Treatment of victims of the attacks at recruiting
station in Little Rock, Arkansas, and at Fort Hood, Texas.
Sec. 586. Retroactive award of Army Combat Action
Badge.
Sec. 587. Report on Navy review, findings, and actions
pertaining to Medal of Honor nomination of Marine Corps Sergeant Rafael
Peralta.
Sec. 588. Authorization for award of the Distinguished-Service
Cross to Sergeant First Class Robert F. Keiser for acts of valor during the
Korean War.
Sec. 589. Required gold content for Medal of Honor.
Sec. 590. Consideration of Silver Star Award
nominations.
Sec. 590A. Report on Army review, findings, and actions
pertaining to Medal of Honor nomination of Captain William L.
Albracht.
Sec. 590B. Replacement of military decorations.
Sec. 590C. Authorization for award of the Medal of Honor to
First Lieutenant Alonzo H. Cushing for acts of valor during the Civil
War.
Subtitle I—Other Matters
Sec. 591. Revision of specified senior military colleges to
reflect consolidation of North Georgia College and State University and
Gainesville State College.
Sec. 592. Authority to enter into concessions contracts at Army
National Military Cemeteries.
Sec. 593. Commission on Military Behavioral Health and
Disciplinary Issues.
Sec. 594. Commission on Service to the Nation.
Sec. 595. Electronic tracking of certain reserve
duty.
Sec. 596. Military salute during recitation of pledge of
allegiance by members of the Armed Forces not in uniform and by
veterans.
Sec. 597. Provision of service records.
Sec. 598. Sense of Congress regarding the recovery of the
remains of certain members of the Armed Forces killed in Thurston Island,
Antarctica.
Sec. 599. Gifts made for the benefit of military musical
units.
Title VI—Compensation and Other Personnel Benefits
Subtitle A—Pay and Allowances
Sec. 601. Extension of authority to provide temporary increase
in rates of basic allowance for housing under certain
circumstances.
Sec. 602. Recognition of additional means by which members of
the National Guard called into Federal service for a period of 30 days or less
may initially report for duty for entitlement to basic pay.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus
authorities for nuclear officers.
Sec. 614. One-year extension of authorities relating to title
37 consolidated special pay, incentive pay, and bonus authorities.
Sec. 615. One-year extension of authorities relating to payment
of other title 37 bonuses and special pays.
Sec. 616. One-year extension of authority to provide incentive
pay for members of precommissioning programs pursuing foreign language
proficiency.
Sec. 617. Authority to provide bonus to certain cadets and
midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
Subtitle C—Disability, Retired Pay, Survivor, and Transitional
Benefits
Sec. 621. Transitional compensation and other benefits for
dependents of certain members separated for violation of the Uniform Code of
Military Justice.
Sec. 622. Prevention of retired pay inversion for members whose
retired pay is computed using high-three average.
Subtitle D—Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
Sec. 631. Expansion of protection of employees of
nonappropriated fund instrumentalities from reprisals.
Sec. 632. Purchase of sustainable products, local food
products, and recyclable materials for resale in commissary and exchange store
systems.
Sec. 633. Correction of obsolete references to certain
nonappropriated fund instrumentalities.
Sec. 634. Exchange store system participation in the Accord on
Fire and Building Safety in Bangladesh.
Subtitle E—Other Matters
Sec. 641. Authority to provide certain expenses for care and
disposition of human remains retained by the Department of Defense for forensic
pathology investigation.
Sec. 642. Provision of status under law by honoring certain
members of the reserve components as veterans.
Sec. 643. Survey of military pay and benefits
preferences.
Sec. 644. Transportation on military aircraft on a
space-available basis for disabled veterans with a service-connected, permanent
disability rated as total.
Title VII—Health Care Provisions
Subtitle A—Improvements to Health Benefits
Sec. 701. Mental health assessments for members of the Armed
Forces.
Sec. 702. Periodic mental health assessments for members of the
Armed Forces.
Sec. 703. Behavioral health treatment of developmental
disabilities under TRICARE.
Sec. 704. Extension of Transitional Assistance Management
Program.
Sec. 705. Comprehensive policy on improvements to care and
transition of service members with urotrauma.
Subtitle B—Health Care Administration
Sec. 711. Future availability of TRICARE Prime for certain
beneficiaries enrolled in TRICARE Prime.
Sec. 712. Cooperative health care agreements between the
military departments and non-military health care entities.
Sec. 713. Limitation on availability of funds for integrated
electronic health record program.
Sec. 714. Pilot program on increased third-party collection
reimbursements in military medical treatment facilities.
Subtitle C—Other Matters
Sec. 721. Display of budget information for embedded mental
health providers of the reserve components.
Sec. 722. Authority of Uniformed Services University of Health
Sciences to enter into contracts and agreements and make grants to other
nonprofit entities.
Sec. 723. Mental health support for military personnel and
families.
Sec. 724. Research regarding hydrocephalus.
Sec. 725. Traumatic brain injury research.
Sec. 726. Data sharing with State adjutant generals to
facilitate suicide prevention efforts.
Sec. 727. Increased collaboration with NIH to combat triple
negative breast cancer.
Sec. 728. Sense of Congress on mental health counselors for
members of the Armed Forces and their families.
Sec. 729. Report on role of Department of Veterans Affairs in
Department of Defense centers of excellence.
Sec. 730. Preliminary mental health assessments.
Sec. 731. Sense of Congress on the traumatic brain injury
plan.
Sec. 732. Report on memorandum regarding traumatic brain
injuries.
Sec. 733. Pilot program for investigational treatment of
members of the Armed Forces for traumatic brain injury and post-traumatic
stress disorder.
Sec. 734. Integrated Electronic Health Record of the
Departments of Defense and Veterans Affairs.
Sec. 735. Comptroller General report on recovery audit program
for TRICARE.
Title VIII—Acquisition Policy, Acquisition Management, and
Related Matters
Subtitle A—Acquisition Policy and Management
Sec. 801. Modification of reporting requirement for Department
of Defense business system acquisition programs when initial operating
capability is not achieved within five years of Milestone A
approval.
Sec. 802. Enhanced transfer of technology developed at
Department of Defense laboratories.
Sec. 803. Extension of limitation on aggregate annual amount
available for contract services.
Subtitle B—Amendments to General Contracting Authorities,
Procedures, and Limitations
Sec. 811. Additional contractor responsibilities in regulations
relating to detection and avoidance of counterfeit electronic
parts.
Sec. 812. Amendments relating to detection and avoidance of
counterfeit electronic parts.
Sec. 813. Government-wide limitations on allowable costs for
contractor compensation.
Sec. 814. Inclusion of additional cost estimate information in
certain reports.
Sec. 815. Amendment relating to compelling reasons for waiving
suspension or debarment.
Sec. 816. Requirement that cost or price to the Federal
Government be given at least equal importance as technical or other criteria in
evaluating competitive proposals for defense contracts.
Sec. 817. Requirement to buy American flags from domestic
sources.
Subtitle C—Provisions Relating to Contracts in Support of
Contingency Operations in Iraq or Afghanistan
Sec. 821. Amendments relating to prohibition on contracting
with the enemy.
Sec. 822. Collection of data relating to contracts in Iraq and
Afghanistan.
Subtitle D—Other Matters
Sec. 831. Extension of pilot program on acquisition of military
purpose nondevelopmental items.
Sec. 832. Extension of authority to acquire products and
services produced in countries along a major route of supply to
Afghanistan.
Sec. 833. Report on procurement supply chain
vulnerabilities.
Sec. 834. Study on the impact of contracting with veteran-owned
small businesses.
Sec. 835. Revisions to requirements relating to justification
and approval of sole-source defense contracts.
Sec. 836. Improved management of Defense equipment and supplies
through automated information and data capture technologies.
Sec. 837. Revision of Defense Supplement to the Federal
Acquisition Regulation to take into account sourcing laws.
Sec. 838. Prohibition on purchase of military coins not made in
United States.
Sec. 839. Compliance with domestic source requirements for
footwear furnished to enlisted members of the Armed Forces upon their initial
entry into the Armed Forces.
Title IX—Department of Defense Organization and
Management
Subtitle A—Department of Defense Management
Sec. 901. Redesignation of the Department of the Navy as the
Department of the Navy and Marine Corps.
Sec. 902. Revisions to composition of transition plan for
defense business enterprise architecture.
Sec. 903. Report on strategic importance of United States
military installation of the U.S. Pacific Command.
Sec. 904. Comptroller General report on potential relocation of
Federal Government tenants on Asia-Pacific and Arctic-oriented United States
military installations.
Subtitle B—Space Activities
Sec. 911. National security space satellite reporting
policy.
Sec. 912. National security space defense and
protection.
Sec. 913. Space acquisition strategy.
Sec. 914. Space control mission report.
Sec. 915. Responsive launch.
Subtitle C—Defense Intelligence and Intelligence-Related
Activities
Sec. 921. Revision of Secretary of Defense authority to engage
in commercial activities as security for intelligence collection
activities.
Sec. 922. Department of Defense intelligence
priorities.
Sec. 923. Defense Clandestine Service.
Sec. 924. Prohibition on National Intelligence Program
consolidation.
Subtitle D—Cyberspace-Related Matters
Sec. 931. Modification of requirement for inventory of
Department of Defense tactical data link systems.
Sec. 932. Defense Science Board assessment of United States
Cyber Command.
Sec. 933. Mission analysis for cyber operations of Department
of Defense.
Sec. 934. Notification of investigations related to compromise
of critical program information.
Sec. 935. Additional requirements relating to the software
licenses of the Department of Defense.
Sec. 936. Limitation on availability of funds for collaborative
cybersecurity activities with China.
Sec. 937. Small business cybersecurity solutions
office.
Sec. 938. Small business cyber education.
Subtitle E—Total Force Management
Sec. 941. Requirement to ensure sufficient levels of Government
oversight of functions closely associated with inherently Governmental
functions.
Sec. 942. Five-year requirement for certification of
appropriate manpower performance.
Title X—General Provisions
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Audit of Department of Defense fiscal year 2018
financial statements.
Sec. 1004. Authority to transfer funds to the National Nuclear
Security Administration to sustain nuclear weapons modernization.
Subtitle B—Counter-Drug Activities
Sec. 1011. Extension of authority to support unified
counter-drug and counterterrorism campaign in Colombia.
Sec. 1012. Extension of authority for joint task forces to
provide support to law enforcement agencies conducting counter-terrorism
activities.
Sec. 1013. Two-year extension of authority to provide
additional support for counter-drug activities of certain foreign
governments.
Sec. 1014. Sense of Congress regarding the National Guard
Counter-Narcotic Program.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Clarification of sole ownership resulting from ship
donations at no cost to the navy.
Sec. 1022. Availability of funds for retirement or inactivation
of Ticonderoga class cruisers or dock landing ships.
Sec. 1023. Repair of vessels in foreign shipyards.
Sec. 1024. Sense of Congress regarding a balanced future naval
force.
Sec. 1025. Authority for short-term extension or renewal of
leases for vessels supporting the Transit Protection System Escort
Program.
Sec. 1026. Report comparing costs of DDG 1000 and DDG 51 Flight
III ships.
Sec. 1027. Sense of Congress on establishment of an Advisory
Board on Toxic Substances and Worker Health.
Subtitle D—Counterterrorism
Sec. 1030. Clarification of procedures for use of alternate
members on military commissions.
Sec. 1031. Modification of Regional Defense Combating Terrorism
Fellowship Program reporting requirement.
Sec. 1032. Prohibition on use of funds to construct or modify
facilities in the United States to house detainees transferred from United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Requirements for certifications relating to the
transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to
foreign countries and other foreign entities.
Sec. 1034. Prohibition on the use of funds for the transfer or
release of individuals detained at United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1035. Unclassified summary of information relating to
individuals detained at Parwan, Afghanistan.
Sec. 1036. Assessment of affiliates and adherents of al-Qaeda
outside the United States.
Sec. 1037. Designation of Department of Defense senior official
for facilitating the transfer of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1038. Rank of chief prosecutor and chief defense counsel
in military commissions established to try individuals detained at
Guantanamo.
Sec. 1039. Report on capability of Yemeni government to detain,
rehabilitate, and prosecute individuals detained at Guantanamo who are
transferred to Yemen.
Sec. 1040. Report on attachment of rights to individuals
detained at Guantanamo if transferred to the United States.
Sec. 1040A. Summary of information relating to individuals
detained at Guantanamo who became leaders of foreign terrorist
groups.
Sec. 1040B. Procedures governing United States citizens
apprehended inside the United States pursuant to the Authorization for Use of
Military Force.
Sec. 1040C. Prohibition on the use of funds for recreational
facilities for individuals detained at Guantanamo.
Sec. 1040D. Prohibition on transfer or release of individuals
detained at Guantanamo to Yemen.
Subtitle E—Sensitive Military Operations
Sec. 1041. Congressional notification of sensitive military
operations.
Sec. 1042. Report on process for determining targets of lethal
operations.
Sec. 1043. Counterterrorism operational briefings.
Subtitle F—Nuclear Forces
Sec. 1051. Prohibition on elimination of the nuclear
triad.
Sec. 1052. Limitation on availability of funds for reduction of
nuclear forces.
Sec. 1053. Limitation on availability of funds for reduction or
consolidation of dual-capable aircraft based in Europe.
Sec. 1054. Statement of policy on implementation of any
agreement for further arms reduction below the levels of the New START Treaty;
limitation on retirement or dismantlement of strategic delivery
systems.
Sec. 1055. Sense of congress on compliance with nuclear arms
control agreements.
Sec. 1056. Retention of capability to redeploy multiple
independently targetable reentry vehicles.
Sec. 1057. Assessment of nuclear weapons program of the
People’s Republic of China.
Sec. 1058. Cost estimates for nuclear weapons.
Sec. 1059. Report on New START Treaty.
Subtitle G—Miscellaneous Authorities and
Limitations
Sec. 1061. Enhancement of capacity of the United States
Government to analyze captured records.
Sec. 1062. Extension of authority to provide military
transportation services to certain other agencies at the Department of Defense
reimbursement rate.
Sec. 1063. Limitation on availability of funds for modification
of force structure of the Army.
Sec. 1064. Limitation on use of funds for public-private
cooperation activities.
Sec. 1065. Unmanned aircraft joint training and usage
plan.
Subtitle H—Studies and Reports
Sec. 1071. Oversight of combat support agencies.
Sec. 1072. Inclusion in annual report of description of
interagency coordination relating to humanitarian demining
technology.
Sec. 1073. Extension of deadline for Comptroller General report
on assignment of civilian employees of the Department of Defense as advisors to
foreign ministries of defense.
Sec. 1074. Repeal of requirement for Comptroller General
assessment of Department of Defense efficiencies.
Sec. 1075. Matters for inclusion in the assessment of the 2013
quadrennial defense review.
Sec. 1076. Review and assessment of United States Special
Operations Forces and United States Special Operations Command.
Sec. 1077. Reports on unmanned aircraft systems.
Sec. 1078. Online availability of reports submitted to
Congress.
Sec. 1079. Provision of defense planning guidance and
contingency operation plan information to Congress.
Sec. 1080. Report on United States citizens subject to military
detention.
Sec. 1080A. Report on implementation of the recommendations of
the Palomares Nuclear Weapons Accident Revised Dose Evaluation
Report.
Sec. 1080B. Report on long-term costs of operation Iraqi
Freedom and Operation Enduring Freedom.
Subtitle I—Other Matters
Sec. 1081. Technical and clerical amendments.
Sec. 1082. Transportation of supplies for the United States by
aircraft operated by United States air carriers.
Sec. 1082A. Transportation of supplies to members of the Armed
Forces from nonprofit organizations.
Sec. 1083. Reduction in costs to report critical changes to
major automated information system programs.
Sec. 1084. Extension of authority of Secretary of
Transportation to issue non-premium aviation insurance.
Sec. 1085. Revision of compensation of members of the National
Commission on the Structure of the Air Force.
Sec. 1086. Protection of tier one task critical assets from
electromagnetic pulse and high-powered microwave systems.
Sec. 1087. Strategy for future military information operations
capabilities.
Sec. 1088. Compliance of military departments with minimum safe
staffing standards.
Sec. 1089. Determination and Disclosure of Transportation Costs
Incurred by Secretary of Defense for congressional trips outside the United
States.
Sec. 1090. Transfer or loan of equipment to the Department of
Homeland Security relating to border security.
Sec. 1091. Transfer to the Department of Homeland Security of
the Tethered Aerostat Radar System.
Sec. 1092. Sale or donation of excess personal property for
border security activities.
Sec. 1093. Unmanned aircraft systems and national
airspace.
Sec. 1094. Days on which the POW/MIA flag is displayed on
certain Federal property.
Sec. 1095. Sense of Congress on improvised explosive
devices.
Sec. 1096. Sense of Congress to maintain a strong National
Guard and military reserve force.
Sec. 1097. Access of employees of congressional support offices
to department of defense facilities.
Sec. 1098. Cost of wars.
Sec. 1099. Sense of Congress regarding consideration of foreign
languages and cultures in the building of partner capacity.
Sec. 1099A. Sense of Congress regarding preservation of Second
Amendment rights of active duty military personnel stationed or residing in the
District of Columbia.
Title XI—Civilian Personnel Matters
Sec. 1101. One-year extension of authority to waive annual
limitation on premium pay and aggregate limitation on pay for Federal civilian
employees working overseas.
Sec. 1102. One-year extension of discretionary authority to
grant allowances, benefits, and gratuities to personnel on official duty in a
combat zone.
Sec. 1103. Extension of voluntary reduction-in-force authority
for civilian employees of Department of Defense.
Sec. 1104. Extension of authority to make lump-sum severance
payments to Department of Defense employees.
Sec. 1105. Revision to amount of financial assistance under
Department of Defense Science, Mathematics, and Research for Transformation
(SMART) Defense Education Program.
Sec. 1106. Extension of program for exchange of
information-technology personnel.
Sec. 1107. Defense Science Initiative for
Personnel.
Sec. 1108. Compliance with law regarding availability of
funding for civilian personnel.
Sec. 1109. Extension of enhanced appointment and compensation
authority for civilian personnel for care and treatment of wounded and injured
members of the armed forces.
Title XII—Matters relating to foreign nations
Subtitle A—Assistance and training
Sec. 1201. Modification and extension of authorities relating
to program to build the capacity of foreign military forces.
Sec. 1202. Three-year extension of authorization for
non-conventional assisted recovery capabilities.
Sec. 1203. Global Security Contingency Fund.
Sec. 1204. Codification of National Guard State Partnership
Program.
Sec. 1205. Authority to conduct activities to enhance the
capability of certain foreign countries to respond to incidents involving
weapons of mass destruction in Syria and the region.
Sec. 1206. One-year extension of authority to support foreign
forces participating in operations to disarm the Lord's Resistance
Army.
Sec. 1207. Monitoring and evaluation of overseas humanitarian,
disaster, and civic aid programs of the Department of Defense.
Subtitle B—Matters relating to Iraq, Afghanistan, and
Pakistan
Sec. 1211. One-year extension and modification of authority for
reimbursement of certain coalition nations for support provided to United
States military operations.
Sec. 1212. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1213. Extension of Commanders’ Emergency Response Program
in Afghanistan.
Sec. 1214. Extension of authority to support operations and
activities of the Office of Security Cooperation in Iraq.
Sec. 1215. One-year extension and modification of authority for
program to develop and carry out infrastructure projects in
Afghanistan.
Sec. 1216. Special immigrant visas for certain Iraqi and Afghan
allies.
Sec. 1217. Requirement to withhold Department of Defense
assistance to Afghanistan in amount equivalent to 100 percent of all taxes
assessed by Afghanistan to extent such taxes are not reimbursed by
Afghanistan.
Sec. 1218. Improvement of the Iraqi special immigrant visa
program.
Sec. 1219. Improvement of the Afghan Special Immigrant Visa
Program.
Sec. 1220. Sense of congress.
Subtitle C—Matters relating to Afghanistan post
2014
Sec. 1221. Modification of report on progress toward security
and stability in Afghanistan.
Sec. 1222. Completion of accelerated transition of United
States combat and military and security operations to the Government of
Afghanistan.
Sec. 1223. Defense intelligence plan.
Sec. 1224. Limitation on availability of funds for certain
authorities for Afghanistan.
Sec. 1225. Limitation on funds to establish permanent military
installations or bases in Afghanistan.
Subtitle D—Matters relating to Iran
Sec. 1231. Report on United States military partnership with
Gulf Cooperation Council countries.
Sec. 1232. Additional elements in annual report on military
power of Iran.
Sec. 1233. Sense of Congress on the defense of the Arabian
Gulf.
Sec. 1234. Integrated air and missile defense programs at
training locations in Southwest Asia.
Sec. 1235. Statement of Policy on condemning the Government of
Iran for its state-sponsored persecution of its Baha’i minority.
Subtitle E—Reports and other matters
Sec. 1241. Report on posture and readiness of United States
Armed Forces to respond to future terrorist attacks in Africa and the Middle
East.
Sec. 1242. Role of the Government of Egypt to United States
national security.
Sec. 1243. Sense of Congress on the military developments on
the Korean peninsula.
Sec. 1244. Statement of Congress on defense cooperation with
Georgia.
Sec. 1245. Limitation on establishment of Regional Special
Operations Forces Coordination Centers.
Sec. 1246. Additional reports on military and security
developments involving the Democratic People’s Republic of Korea.
Sec. 1247. Amendments to annual report under Arms Control and
Disarmament Act.
Sec. 1248. Limitation on funds to provide the Russian
Federation with access to certain missile defense technology.
Sec. 1249. Reports on actions to reduce support of ballistic
missile programs of China, Syria, Iran, and North Korea.
Sec. 1250. Congressional notifications relating to status of
forces agreements.
Sec. 1251. Sense of Congress on the conflict in
Syria.
Sec. 1252. Revision of statutory references to former NATO
support organizations and related NATO agreements.
Sec. 1253. Limitation on funds to implement executive
agreements relating to United States missile defense capabilities.
Sec. 1254. Limitation on availability of funds for Threat
Reduction Engagement activities and United States contributions to the
Comprehensive Nuclear-Test-Ban Treaty Organization.
Sec. 1255. Sense of Congress on military-to-military
cooperation between the United States and Burma.
Sec. 1256. Sense of Congress on the stationing of United States
forces in Europe.
Sec. 1257. Sense of Congress on military capabilities of the
People’s Republic of China.
Sec. 1258. Rule of construction.
Sec. 1259. Sense of Congress regarding relations with
Taiwan.
Sec. 1260. Sense of Congress on the threat posed by
Hezbollah.
Sec. 1261. Combating crime through intelligence
capabilities.
Sec. 1262. Limitation on availability of funds to implement the
Arms Trade Treaty.
Sec. 1263. War Powers of Congress.
Sec. 1264. Prohibition on use of drones to kill United States
citizens.
Sec. 1265. Sale of F–16 aircraft to Taiwan.
Sec. 1266. Statement of policy and report on the inherent right
of Israel to self-defense.
Sec. 1267. Report on collective and national security
implications of central Asian and South Caucasus energy
development.
Sec. 1268. Report on military and security developments
involving the Russian Federation.
Sec. 1269. Limitation on assistance to provide tear gas or
other riot control items.
Sec. 1270. Report on certain financial assistance to Afghan
military.
Sec. 1271. Israel’s right to self-defense.
Sec. 1272. Sense of Congress strongly supporting the full
implementation of United States and international sanctions on Iran and urging
the President to continue to strengthen enforcement of sanctions
legislation.
Sec. 1273. Sense of Congress on the illegal nuclear weapons
programs of Iran and North Korea.
Sec. 1274. Limitation on use of funds to purchase equipment
from Rosoboronexport.
Title XIII—Cooperative Threat Reduction
Sec. 1301. Specification of cooperative threat reduction
programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Extension for use of contributions to the
Cooperative Threat Reduction Program.
Sec. 1304. Strategy to modernize cooperative threat reduction
and prevent the proliferation of weapons of mass destruction and related
materials in the Middle East and North Africa region.
Title XIV—Other Authorizations
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National defense sealift fund.
Sec. 1403. Chemical Agents and Munitions Destruction,
Defense.
Sec. 1404. Drug interdiction and counter-drug activities,
defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Subtitle B—National Defense Stockpile
Sec. 1411. Use of National Defense Stockpile for the
conservation of a strategic and critical materials supply.
Sec. 1412. Authority to acquire additional materials for the
National Defense Stockpile.
Subtitle C—Other Matters
Sec. 1421. Authority for transfer of funds to Joint Department
of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund
for Captain James A. Lovell Health Care Center, Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces
Retirement Home.
Sec. 1423. Cemeterial expenses.
Title XV—Authorization of Additional Appropriations for Overseas
Contingency Operations
Subtitle A—Authorization of Additional
Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and
evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug Interdiction and Counter-Drug Activities,
Defense-wide.
Sec. 1508. Defense Inspector General.
Sec. 1509. Defense Health Program.
Subtitle B—Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C—Limitations and Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Future role of Joint Improvised Explosive Device
Defeat Organization.
Sec. 1533. Limitation on intelligence, surveillance, and
reconnaissance support for Operation Observant Compass.
Sec. 1534. Report on United States force levels and costs of
military operations in Afghanistan.
Sec. 1535. Limitation on funds for the Afghanistan Security
Forces Fund to acquire certain aircraft, vehicles, and equipment.
Title XVI—Industrial Base Matters
Sec. 1601. Periodic audits of contracting compliance by
Inspector General of Department of Defense.
Sec. 1602. Expansion of the procurement technical assistance
program to advance small business growth.
Sec. 1603. Amendments relating to Procurement Technical
Assistance Cooperative Agreement Program.
Sec. 1604. Strategic plan for requirements for war reserve
stocks of meals ready-to-eat.
Sec. 1605. Foreign commercial satellite services.
Sec. 1606. Proof of Concept Commercialization Pilot
Program.
Sec. 1607. Reporting on goals for procurement contracts awarded
to small business concerns.
Sec. 1608. Program to provide Federal contracts to early stage
small businesses.
Sec. 1609. Credit for certain subcontractors.
Sec. 1610. GAO Study on subcontracting reporting
systems.
Sec. 1611. Inapplicability of requirement to review and justify
certain contracts.
Division B—Military Construction Authorizations
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to
be specified by law.
Sec. 2003. Effective date.
Title XXI—Army Military Construction
Sec. 2101. Authorized Army construction and land acquisition
projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Additional authority to carry out certain fiscal
year 2004 project.
Sec. 2105. Modification of authority to carry out certain
fiscal year 2010 project.
Sec. 2106. Modification of authority to carry out certain
fiscal year 2011 project.
Sec. 2107. Extension of authorizations of certain fiscal year
2010 projects.
Sec. 2108. Extension of authorizations of certain fiscal year
2011 projects.
Sec. 2109. Transfer of Administrative Jurisdiction, Camp Frank
D. Merrill, Dahlonega, Georgia.
Title XXII—Navy Military Construction
Sec. 2201. Authorized Navy construction and land acquisition
projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing
units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Limitation on project authorization to carry out
certain fiscal year 2014 project.
Sec. 2206. Modification of authority to carry out certain
fiscal year 2011 project.
Sec. 2207. Modification of authority to carry out certain
fiscal year 2012 project.
Sec. 2208. Extension of authorizations of certain fiscal year
2011 projects.
Title XXIII—Air Force Military Construction
Sec. 2301. Authorized Air Force construction and land
acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing
units.
Sec. 2304. Authorization of appropriations, Air
Force.
Sec. 2305. Modification of authority to carry out certain
fiscal year 2013 project.
Sec. 2306. Limitation on project authorization to carry out
certain fiscal year 2014 project.
Sec. 2307. Extension of authorization of certain fiscal year
2011 project.
Title XXIV—Defense Agencies Military Construction
Subtitle A—Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense
Agencies.
Subtitle B—Chemical Demilitarization
Authorizations
Sec. 2411. Authorization of appropriations, chemical
demilitarization construction, defense-wide.
Title XXV—North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition
projects.
Sec. 2502. Authorization of appropriations, NATO.
Title XXVI—Guard and Reserve Forces Facilities
Subtitle A—Project Authorizations and Authorization of
Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land
acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and
Reserve.
Subtitle B—Other Matters
Sec. 2611. Modification of authority to carry out certain
fiscal year 2013 project.
Sec. 2612. Extension of authorizations of certain fiscal year
2011 projects.
Title XXVII—Base Realignment and Closure Activities
Subtitle A—Authorization of Appropriations
Sec. 2701. Authorization of appropriations for base realignment
and closure activities funded through Department of Defense Base Closure
Account.
Subtitle B—Other Matters
Sec. 2711. Prohibition on conducting additional Base
Realignment and Closure (BRAC) round.
Sec. 2712. Elimination of quarterly certification requirement
regarding availability of military health care in National Capital
Region.
Sec. 2713. Consideration of the value of services provided by a
local community to the Armed Forces as part of the economic analysis in making
base realignment or closure decisions.
Title XXVIII—Military Construction General Provisions
Subtitle A—Military Construction Program and Military Family
Housing Changes
Sec. 2801. Modification of authority to carry out unspecified
minor military construction.
Sec. 2802. Repeal of requirements for local comparability of
room patterns and floor areas for military family housing and submission of net
floor area information.
Sec. 2803. Repeal of separate authority to enter into limited
partnerships with private developers of housing.
Sec. 2804. Military construction standards to reduce
vulnerability of structures to terrorist attack.
Sec. 2805. Treatment of payments received for providing
utilities and services in connection with use of alternative authority for
acquisition and improvement of military housing.
Sec. 2806. Repeal of advance notification requirement for use
of military housing investment authority.
Sec. 2807. Additional element for annual report on military
housing privatization projects.
Sec. 2807A. Department of Defense report on Military Housing
Privatization Initiative.
Sec. 2808. Extension of temporary, limited authority to use
operation and maintenance funds for construction projects in certain areas
outside the United States.
Sec. 2809. Development of master plans for major military
installations.
Subtitle B—Real Property and Facilities
Administration
Sec. 2811. Codification of policies and requirements regarding
closure and realignment of United States military installations in foreign
countries.
Sec. 2812. Report on utilization of Department of Defense real
property.
Sec. 2813. Conditions on Department of Defense expansion of
Piñon Canyon Maneuver Site, Fort Carson, Colorado.
Subtitle C—Energy Security
Sec. 2821. Continuation of limitation on use of funds for
Leadership in Energy and Environmental Design (LEED) gold or platinum
certification.
Subtitle D—Provisions Related to Asia-Pacific Military
Realignment
Sec. 2831. Change from previous calendar year to previous
fiscal year for period covered by annual report of Interagency Coordination
Group of Inspectors General for Guam Realignment.
Sec. 2832. Repeal of certain restrictions on realignment of
Marine Corps forces in Asia-Pacific region.
Subtitle E—Land Conveyances
Sec. 2841. Real property acquisition, Naval Base Ventura
County, California.
Sec. 2842. Land conveyance, former Oxnard Air Force Base,
Ventura County, California.
Sec. 2843. Land conveyance, Philadelphia Naval Shipyard,
Philadelphia, Pennsylvania.
Sec. 2844. Land conveyance, Camp Williams, Utah.
Sec. 2845. Conveyance, Air National Guard radar site, Francis
Peak, Wasatch Mountains, Utah.
Sec. 2846. Land conveyance, former Fort Monroe, Hampton,
Virginia.
Sec. 2847. Land conveyance, Mifflin County United States Army
Reserve Center, Lewistown, Pennsylvania.
Subtitle F—Other Matters
Sec. 2861. Repeal of annual Economic Adjustment Committee
reporting requirement.
Sec. 2862. Redesignation of the Asia-Pacific Center for
Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security
Studies.
Sec. 2863. Redesignation of the Graduate School of Nursing at
the Uniformed Services University of the Health Sciences as the Daniel K.
Inouye Graduate School of Nursing.
Sec. 2864. Renaming site of the Dayton Aviation Heritage
National Historical Park, Ohio.
Sec. 2865. Designation of Distinguished Flying Cross National
Memorial in Riverside, California.
Sec. 2866. Establishment of military divers memorial at
Washington Navy Yard.
Sec. 2867. Inclusion of emblems of belief as part of military
memorials.
Title XXIX—Overseas Contingency Operations Military Construction
Sec. 2901. Authorized Army construction and land acquisition
project.
Title XXX—Military Land Transfers and Withdrawals to Support
Readiness and Security
Subtitle A—Limestone Hills Training Area, Montana
Sec. 3001. Withdrawal and reservation of public lands for
Limestone Hills Training Area, Montana.
Sec. 3002. Management of withdrawn and reserved
lands.
Sec. 3003. Special rules governing minerals
management.
Sec. 3004. Grazing.
Sec. 3005. Duration of withdrawal and reservation.
Sec. 3006. Payments in lieu of taxes.
Sec. 3007. Hunting, fishing and trapping.
Sec. 3008. Water rights.
Sec. 3009. Brush and range fire prevention and
suppression.
Sec. 3010. On-going decontamination.
Sec. 3011. Application for renewal of a withdrawal and
reservation.
Sec. 3012. Limitation on subsequent availability of lands for
appropriation.
Sec. 3013. Relinquishment.
Subtitle B—White Sands Missile Range, New Mexico
Sec. 3021. Transfer of administrative jurisdiction, White Sands
Missile Range, New Mexico.
Sec. 3022. Water rights.
Sec. 3023. Withdrawal.
Subtitle C—Naval Air Weapons Station China Lake,
California
Sec. 3031. Transfer of administrative jurisdiction, Naval Air
Weapons Station China Lake, California.
Sec. 3032. Water rights.
Sec. 3033. Withdrawal.
Subtitle D—Chocolate Mountain Aerial Gunnery Range,
California
Sec. 3041. Transfer of administrative jurisdiction, Chocolate
Mountain Aerial Gunnery Range, California.
Sec. 3042. Management and use of transferred land.
Sec. 3043. Realignment of range boundary and related transfer
of title.
Sec. 3044. Effect of termination of military use.
Sec. 3045. Temporary extension of existing withdrawal
period.
Sec. 3046. Water rights.
Subtitle E—Marine Corps Air Ground Combat Center Twentynine
Palms, California
Sec. 3051. Designation of Johnson Valley National Off-Highway
Vehicle Recreation Area.
Sec. 3052. Limited biannual Marine Corps Air Ground Combat
Center Twentynine Palms use of Johnson Valley National Off-Highway Vehicle
Recreation Area.
Sec. 3053. Transfer of administrative jurisdiction, Southern
Study Area, Marine Corps Air Ground Combat Center Twentynine Palms,
California.
Sec. 3054. Water rights.
Subtitle F—Naval Air Station Fallon, Nevada
Sec. 3061. Transfer of administrative jurisdiction, Naval Air
Station Fallon, Nevada.
Sec. 3062. Water rights.
Sec. 3063. Withdrawal.
Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs
Authorizations
Sec. 3101. National Nuclear Security
Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Energy security and assurance.
Subtitle B—Program Authorizations, Restrictions, and
Limitations
Sec. 3111. Clarification of principles of National Nuclear
Security Administration.
Sec. 3112. Termination of Department of Energy employees to
protect national security.
Sec. 3113. Modification of independent cost estimates on life
extension programs and new nuclear facilities.
Sec. 3114. Plan for retrieval, treatment, and disposition of
tank farm waste at Hanford Nuclear Reservation.
Sec. 3115. Enhanced procurement authority to manage supply
chain risk.
Sec. 3116. Limitation on availability of funds for National
Nuclear Security Administration.
Sec. 3117. Limitation on availability of funds for Office of
the Administrator.
Sec. 3118. Limitation on availability of funds for Global
Threat Reduction Initiative.
Sec. 3119. Establishment of Center for Security Technology,
Analysis, Testing, and Response.
Sec. 3120. Cost-benefit analyses for competition of management
and operating contracts.
Sec. 3121. W88–1 warhead and W78–1 warhead life extension
options.
Sec. 3122. Extension of principles of pilot program to
additional facilities of the nuclear security enterprise.
Sec. 3123. Extension of authority of Secretary of Energy to
enter into transactions to carry out certain research projects.
Subtitle C—Reports
Sec. 3131. Annual report and certification on status of the
security of the nuclear security enterprise.
Sec. 3132. Modifications to annual reports regarding the
condition of the nuclear weapons stockpile.
Sec. 3133. Repeal of certain reporting
requirements.
Subtitle D—Other matters
Sec. 3141. Congressional advisory panel on the governance of
the nuclear security enterprise.
Sec. 3142. Study of potential reuse of nuclear weapon
secondaries.
Sec. 3143. Clarification of role of Secretary of
Energy.
Sec. 3144. Technical amendment to Atomic Energy Act of
1954.
Sec. 3145. Government Waste Isolation Pilot Plant
Extension.
Sec. 3146. Conveyance of land at the Hanford Site.
Sec. 3147. Manhattan Project National Historical
Park.
Title XXXII—Defense Nuclear Facilities Safety Board
Sec. 3201. Authorization.
Sec. 3202. Improvements to the Defense Nuclear Facilities
Safety Board.
Title XXXIV—Naval Petroleum Reserves
Sec. 3401. Authorization of appropriations.
Title XXXV—Maritime Administration
Sec. 3501. Authorization of appropriations for national
security aspects of the Merchant Marine for fiscal year 2014.
Sec. 3502. 5-year reauthorization of vessel war risk insurance
program.
Sec. 3503. Sense of Congress.
Sec. 3504. Treatment of funds for intermodal transportation
maritime facility, Port of Anchorage, Alaska.
Sec. 3505. Strategic seaports.
Division D—Funding Tables
Sec. 4001. Authorization of amounts in funding
tables.
Title
XLI—PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement
for overseas contingency operations.
Title XLII—RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research,
development, test, and evaluation.
Sec. 4202. Research,
development, test, and evaluation for overseas contingency
operations.
Title XLIII—OPERATION AND
MAINTENANCE
Sec. 4301. Operation
and maintenance.
Sec. 4302. Operation
and maintenance for overseas contingency operations.
Title XLIV—MILITARY
PERSONNEL
Sec. 4401. Military
personnel.
Sec. 4402. Military
personnel for overseas contingency operations.
Title XLV—OTHER
AUTHORIZATIONS
Sec. 4501. Other
authorizations.
Sec. 4502. Other
authorizations for overseas contingency operations.
Title XLVI—MILITARY
CONSTRUCTION
Sec. 4601. Military
construction.
Title XLVII—DEPARTMENT OF
ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department
of energy national security programs.
Division E—Federal Information Technology Acquisition Reform
Act
Sec. 5001. Short title.
Sec. 5002. Table of contents.
Sec. 5003. Definitions.
Title LI—Management of Information Technology Within Federal
Government
Sec. 5101. Increased authority of agency Chief Information
Officers over information technology.
Sec. 5102. Lead coordination role of Chief Information Officers
Council.
Sec. 5103. Reports by Government Accountability
Office.
Title LII—Data Center Optimization
Sec. 5201. Purpose.
Sec. 5202. Definitions.
Sec. 5203. Federal data center optimization
initiative.
Sec. 5204. Performance requirements related to data center
consolidation.
Sec. 5205. Cost savings related to data center
optimization.
Sec. 5206. Reporting requirements to Congress and the Federal
Chief Information Officer.
Title LIII—Elimination of Duplication and Waste in Information
Technology Acquisition
Sec. 5301. Inventory of information technology
assets.
Sec. 5302. Website consolidation and transparency.
Sec. 5303. Transition to the cloud.
Sec. 5304. Elimination of unnecessary duplication of contracts
by requiring business case analysis.
Title LIV—Strengthening and Streamlining Information Technology
Acquisition Management Practices
Subtitle A—Strengthening and Streamlining IT Program
Management Practices
Sec. 5401. Establishment of Federal infrastructure and common
application collaboration center.
Sec. 5402. Designation of Assisted Acquisition Centers of
Excellence.
Subtitle B—Strengthening IT Acquisition Workforce
Sec. 5411. Expansion of training and use of information
technology acquisition cadres.
Sec. 5412. Plan on strengthening program and project management
performance.
Sec. 5413. Personnel awards for excellence in the acquisition
of information systems and information technology.
Title LV—Additional Reforms
Sec. 5501. Maximizing the benefit of the Federal Strategic
Sourcing Initiative.
Sec. 5502. Promoting transparency of blanket purchase
agreements.
Sec. 5503. Additional source selection technique in
solicitations.
Sec. 5504. Enhanced transparency in information technology
investments.
Sec. 5505. Enhanced communication between Government and
industry.
Sec. 5506. Clarification of current law with respect to
technology neutrality in acquisition of software.
3.
Congressional defense
committees
In this Act, the
term congressional defense committees has the meaning given that
term in section
101(a)(16) of title 10, United States Code.
A
DEPARTMENT OF
DEFENSE AUTHORIZATIONS
I
Procurement
A
Authorization of
Appropriations
101.
Authorization
of appropriations
Funds are
hereby authorized to be appropriated for fiscal year 2014 for procurement for
the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide
activities, as specified in the funding table in section 4101.
B
Army
Programs
111.
Limitation on
availability of funds for Stryker vehicle program
(a)
Limitation
Of
the funds authorized to be appropriated by this Act or otherwise made available
for fiscal year 2014 for weapons and tracked combat vehicles, Army, for the
procurement or upgrade of Stryker vehicles, not more than 75 percent may be
obligated or expended until a period of 15 days has elapsed following the date
on which the Secretary of the Army submits the report under subsection
(b).
(b)
Report
required
The Secretary of the
Army shall submit to the congressional defense committees a report on the
status of the Stryker vehicle spare parts inventory located in Auburn,
Washington, cited in the report of the Inspector General of the Department of
Defense (number 2013–025) dated November 30, 2012. The report submitted under
this subsection shall include the following:
(1) The status of the
implementation by the Secretary of the recommendations specified on pages 30 to
34 of the report by the Inspector General.
(2) The value of the
parts remaining in warehouse that may still be used by the Secretary for the
repair, upgrade, or reset of Stryker vehicles.
(3) The value of the
parts remaining in the warehouse that are no longer usable by the Secretary for
the repair, upgrade, or reset of Stryker vehicles.
(4) A
cost estimate of the monthly cost of maintaining the inventory of parts no
longer usable by the Secretary.
(5) Any other matters
the Secretary considers appropriate.
C
Navy
Programs
121.
Multiyear
procurement authority for E–2D aircraft program
(a)
Authority for
multiyear procurement
Subject
to section
2306b of title 10, United States Code, the Secretary of the
Navy may enter into—
(1) one or more multiyear contracts, beginning
with the fiscal year 2014 program year, for the procurement of E–2D aircraft;
and
(2) one or more
multiyear contracts, beginning with the fiscal year 2014 program year, for the
procurement of mission equipment with respect to aircraft procured under a
contract entered into under paragraph (1).
(b)
Condition for
out-year contract payments
A contract entered into under
subsection (a) shall provide that any obligation of the United States to make a
payment under the contract for a fiscal year after fiscal year 2014 is subject
to the availability of appropriations for that purpose for such later fiscal
year.
122.
Cost limitation
for CVN–78 aircraft carriers
(a)
In
general
Section 122 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law
109–364; 120 Stat. 2104) is amended to read as follows:
122.
Adherence to
Navy cost estimates for CVN–78 class of aircraft carriers
(a)
Limitation
(1)
Lead
ship
The total amount
obligated from funds appropriated or otherwise made available for Shipbuilding
and Conversion, Navy, or for any other procurement account, for the aircraft
carrier designated as CVN–78 may not exceed $12,887,000,000 (as adjusted
pursuant to subsection (b)).
(2)
Follow-on
ships
The total amount
obligated from funds appropriated or otherwise made available for Shipbuilding
and Conversion, Navy, or for any other procurement account, for the
construction of any ship that is constructed in the CVN–78 class of aircraft
carriers after the lead ship of that class may not exceed $11,411,000,000 (as
adjusted pursuant to subsection (b)).
(b)
Adjustment of
limitation amount
The Secretary of the Navy may adjust the amount
set forth in subsection (a) for any ship constructed in the CVN–78 class of
aircraft carriers by the following:
(1) The amounts of
increases or decreases in costs attributable to economic inflation after
September 30, 2013.
(2) The amounts of
increases or decreases in costs attributable to compliance with changes in
Federal, State, or local laws.
(3) The amounts of
outfitting costs and post-delivery costs incurred for that ship.
(4) The amounts of
increases or decreases in costs of that ship that are attributable to insertion
of new technology into that ship, as compared to the technology baseline as it
was defined in the approved acquisition program baseline estimate of December
2005.
(5) The amounts of
increases or decreases to nonrecurring design and engineering cost attributable
to achieving compliance with the cost limitation.
(6) The amounts of
increases or decreases to cost required to correct deficiencies that may affect
the safety of the ship and personnel or otherwise preclude the ship from safe
operations and crew certification.
(7) With respect to the aircraft carrier
designated as CVN–78, the amounts of increases or decreases in costs of that
ship that are attributable to the shipboard test program.
(c)
Limitation on
technology insertion cost adjustment
The Secretary of the Navy
may use the authority under paragraph (4) of subsection (b) to adjust the
amount set forth in subsection (a) for a ship referred to in that subsection
with respect to insertion of new technology into that ship only if—
(1) the Secretary
determines, and certifies to the congressional defense committees, that
insertion of the new technology would lower the life-cycle cost of the ship;
or
(2) the Secretary
determines, and certifies to the congressional defense committees, that
insertion of the new technology is required to meet an emerging threat and the
Secretary of Defense certifies to those committees that such threat poses grave
harm to national security.
(d)
Notice
(1)
Requirement
The
Secretary of the Navy shall submit to the congressional defense committees each
year, at the same time that the budget is submitted under
section
1105(a) of title 31, United States Code, for the next fiscal
year, written notice of—
(A) any change in the
amount set forth in subsection (a) during the preceding fiscal year that the
Secretary has determined to be associated with a cost referred to in subsection
(b); and
(B) the most accurate estimate possible of the
Secretary with respect to the total cost compared to the amount set forth in
subsection (a), as adjusted by subsection (b), and the steps the Secretary is
taking to reduce the costs below such amount.
(2)
Effective
date
The requirement in paragraph (1) shall become effective with
the budget request for the year of procurement of the first ship referred to in
subsection
(a).
.
(b)
Conforming
amendment
The table of contents at the beginning of such Act is
amended by striking the item relating to section 122 and inserting the
following:
Sec. 122. Adherence to Navy cost estimates
for CVN–78 class of aircraft
carriers.
.
D
Air Force
Programs
131.
Multiyear
procurement authority for multiple variants of the C–130J aircraft
program
(a)
Authority for
multiyear procurement
Subject
to section
2306b of title 10, United States Code, the Secretary of the Air
Force may enter into—
(1) one or more
multiyear contracts, beginning with the fiscal year 2014 program year, for the
procurement of multiple variants of C–130J aircraft for the Department of the
Navy and the Department of the Air Force; and
(2) one or more
multiyear contracts, beginning with the fiscal year 2014 program year, for the
procurement of mission equipment with respect to aircraft procured under a
contract entered into under paragraph (1).
(b)
Condition for
out-year contract payments
A contract entered into under
subsection (a) shall provide that any obligation of the United States to make a
payment under the contract for a fiscal year after fiscal year 2014 is subject
to the availability of appropriations for that purpose for such later fiscal
year.
132.
Prohibition on
cancellation or modification of avionics modernization program for C–130
aircraft
(a)
Prohibition
The Secretary of the Air Force may not take
any action to cancel or modify the avionics modernization program of record for
C–130 aircraft.
(b)
Conforming
repeal
Section 143 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1662)
is repealed.
133.
Retirement of
KC–135R aircraft
(a)
Treatment of
retired KC–135R aircraft
Except as provided by subsections (b) and
(c), the Secretary of the Air Force shall maintain each KC–135R aircraft that
is retired by the Secretary in a condition that would allow recall of that
aircraft to future service in the Air Force Reserve, Air National Guard, or
active forces aerial refueling force structure.
(b)
Exception
Subsection (a) shall not apply to a KC–135R
aircraft that the Secretary transfers or sells to allies or partner nations of
the United States.
(c)
Delivery of
KC–46A aircraft
For each
KC–46A aircraft that is delivered to the Air Force and the Commander of the Air
Mobility Command initially certifies as mission capable, the Secretary may
waive the requirements of subsection (a) with respect to one retired KC–135R
aircraft.
(d)
Conforming
repeal
Section 135 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114)
is repealed.
134.
Competition for
evolved expendable launch vehicle providers
(a)
Findings
Congress finds the following:
(1) The new
acquisition strategy for the evolved expendable launch vehicle program of the
Air Force will maintain mission assurance, reduce costs, and provide
opportunities for competition for certified launch providers.
(2) The method in which the current and
potential future certified launch providers will be evaluated in a competition
is still under development.
(b)
Plan
(1)
In
general
The Secretary of the Air Force shall develop and
implement a plan to ensure the fair evaluation of competing contractors in
awarding a contract to a certified evolved expendable launch vehicle
provider.
(2)
Comparison
The plan under paragraph (1) shall include
a description of how the following areas will be addressed in the
evaluation:
(A) The proposed cost,
schedule, and performance.
(B) Mission assurance
activities.
(C) The manner in
which the contractor will operate under the Federal Acquisition
Regulation.
(D) The effect of other contracts in which the
contractor is entered into with the Federal Government, such as the evolved
expendable launch vehicle launch capability contract and the space station
commercial resupply services contracts.
(E) Any other areas
the Secretary determines appropriate.
(c)
Submission to
Congress
(1)
In
general
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall—
(A) submit to the
appropriate congressional committees a report that includes the plan under
subsection (b)(1); or
(B) provide to such
committees a briefing on such plan.
(2)
GAO
review
The Comptroller General of the United States shall—
(A) submit to the
appropriate congressional committees a review of the plan under subsection
(b)(1); or
(B) provide to such
committees a briefing on such plan.
(3)
Appropriate
congressional committees defined
In this subsection, the term
appropriate congressional committees means the following:
(A) The congressional
defense committees.
(B) The Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(C) The Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate.
E
Defense-Wide,
Joint, and Multiservice Matters
141.
Multiyear
procurement authority for ground-based interceptors
(a)
Authority for
multiyear procurement
Subject
to section
2306b of title 10, United States Code, the Director of the
Missile Defense Agency may enter into one or more multiyear contracts,
beginning with the fiscal year 2014 program year, for the procurement of 14
ground-based interceptors.
(b)
Authority for
advance procurement
The
Director may enter into one or more contracts for advance procurement
associated with the ground-based interceptors for which authorization to enter
into a multiyear procurement contract is provided under subsection (a).
(c)
Condition for
out-year contract payments
A contract entered into under
subsection (a) shall provide that any obligation of the United States to make a
payment under the contract for a fiscal year after fiscal year 2014 is subject
to the availability of appropriations for that purpose for such later fiscal
year.
142.
Multiyear
procurement authority for tactical wheeled vehicles
(a)
Authority for
multiyear procurement
Subject to
section
2306b of title 10, United States Code, the Secretary of Defense
may enter into one or more multiyear, multivehicle contracts, beginning with
the fiscal year 2014 program year, for the procurement of core tactical wheeled
vehicles.
(b)
Condition for
out-year contract payments
A contract entered into under
subsection (a) shall provide that any obligation of the United States to make a
payment under the contract for a fiscal year after fiscal year 2014 is subject
to the availability of appropriations for that purpose for such later fiscal
year.
(c)
Notification
required
Not later than 180 days after the date of the enactment
of this Act, the Secretary shall notify the congressional defense committees
of—
(1) whether the
Secretary will enter into a contract under subsection (a); and
(2) if not, an
explanation for why the Secretary will not enter into such a contract.
(d)
Annual
reports
For each fiscal year
in which the Secretary is entered into a contract under this section, the
Secretary shall submit to the congressional defense committees, as part of the
material submitted in support of the budget of the President for such fiscal
year, as submitted to Congress pursuant to
section
1105(a) of title 31, United States Code, the following:
(1) The status of
procurements under such contract.
(2) A
detailed analysis of any cost savings achieved for each class of vehicle
procured under such contract.
(3) A
description of any challenges to the Secretary in carrying out this section or
in achieving any such cost savings.
(4) Any
recommendations for future implementation of a program for multiyear,
multi-vehicle procurement.
(e)
Termination of
authority
The Secretary may not enter into a contract under this
section after September 30, 2018. During the five-year period beginning on
October 1, 2018, the Secretary may continue to carry out any contract entered
into under this section before such date using funds made available to the
Secretary for such purpose before such date.
(f)
Core tactical
vehicles defined
In this section, the term core tactical
wheeled vehicles means—
(1) the family of
medium tactical vehicles;
(2) medium tactical
wheeled vehicle replacements;
(3) the family of
heavy tactical vehicles; and
(4) logistics vehicle
system replacements.
143.
Limitation on
availability of funds for retirement of RQ–4 Global Hawk unmanned aircraft
systems
(a)
Limitation
None
of the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2014 for the Department of Defense may be obligated
or expended to retire, prepare to retire, or place in storage an RQ–4 Block 30
Global Hawk unmanned aircraft system.
(b)
Maintained
levels
During the period preceding December 31, 2016, in
supporting the operational requirements of the combatant commands, the
Secretary of the Air Force shall maintain the operational capability of each
RQ–4 Block 30 Global Hawk unmanned aircraft system belonging to the Air Force
or delivered to the Air Force during such period.
(c)
Conforming
amendment
Section 154 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1666)
is amended—
(1) by striking
(a) Limitation.—; and
(2) by striking
subsection (b).
144.
Personal protection
equipment procurement
(a)
Procurement
The
Secretary of Defense shall ensure that personal protection equipment is
procured using funds authorized to be appropriated by section 101 and available
for such purpose as specified in the funding table in sections 4101 and
4102.
(b)
Procurement line
item
In the budget materials submitted to the President by the
Secretary of Defense in connection with the submission to Congress, pursuant to
section
1105 of title 31, United States Code, of the budget for fiscal
year 2015, and each subsequent fiscal year, the Secretary shall ensure that
within each military department procurement account, a separate, dedicated
procurement line item is designated for personal protection equipment.
(c)
Personal
protection equipment defined
In this section, the term
personal protection equipment means the following:
(1) Body armor
components.
(2) Combat
helmets.
(3) Combat protective
eyewear.
(4) Protective
clothing.
(5) Other items as
determined appropriate by the Secretary.
145.
Repeal of
certain F–35 reporting requirements
Section 122 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law
111–383; 124 Stat. 4157) is amended—
(1) by striking
subsection (b); and
(2) by redesignating
subsection (c) as subsection (b).
146.
Study on procurement
of personal protection equipment
(a)
Study
(1)
In
general
Not later than 30
days after the date of the enactment of this Act, the Secretary of Defense
shall enter into a contract with a federally funded research and development
center to conduct a study to identify and assess alternative and effective
means for stimulating competition and innovation in the personal protection
equipment industrial base.
(2)
Submission
Not later than 180 days after the date of
the enactment of this Act, the federally funded research and development center
conducting the study under paragraph (1) shall submit to the Secretary the
study, including any findings and recommendations.
(b)
Report
(1)
In
general
Not later than 270
days after the date of the enactment of this Act, the Secretary shall submit to
the congressional defense committees a report on the study conducted under
subsection (a)(1).
(2)
Matters
included
The report under paragraph (1) shall include the
following:
(A) The study,
findings, and recommendations submitted to the Secretary under subsection
(a)(2).
(B) An assessment of current and future
technologies that could markedly improve body armor, including by decreasing
weight, increasing survivability, and making other relevant
improvements.
(C) An analysis of the capability of the
personal protection equipment industrial base to leverage such technologies to
produce the next generation body armor.
(D) An assessment of
alternative body armor acquisition models, including different types of
contracting and budgeting practices of the Department of Defense.
(c)
Personal
protection equipment
In this section, the term personal
protection equipment includes body armor.
II
RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION
A
Authorization of
Appropriations
201.
Authorization
of appropriations
Funds are
hereby authorized to be appropriated for fiscal year 2014 for the use of the
Department of Defense for research, development, test, and evaluation as
specified in the funding table in section 4201.
B
Program
Requirements, Restrictions, and Limitations
211.
Limitation on
availability of funds for ground combat vehicle engineering and manufacturing
phase
None of the funds
authorized to be appropriated by this Act or otherwise made available for
fiscal year 2014 for the Army may be obligated or expended for post-Milestone B
engineering and manufacturing phase development activities for the ground
combat vehicle program until a period of 30 days has elapsed following the date
on which the Secretary of the Army submits to the congressional defense
committees a report that includes the following:
(1) An independent
assessment of the draft milestone B documentation for the ground combat vehicle
that—
(A) is performed by
the Director of Cost Assessment and Program Evaluation, the Assistant Secretary
of Defense for Research and Engineering, or other similar official; and
(B) analyzes whether
there is a sufficient business case to proceed with the engineering and
manufacturing development phase for the ground combat vehicle using only one
contractor.
(2) A
certification by the Secretary that the ground combat vehicle program
has—
(A) feasible and
fully-defined requirements;
(B) fully mature
technologies;
(C) independent and
high-confidence cost estimates;
(D) available funding;
and
(E) a realistic and
achievable schedule.
212.
Limitation on
Milestone A activities for Unmanned Carrier-launched Surveillance and Strike
system program
The Under
Secretary of Defense for Acquisition, Technology, and Logistics may not award a
Milestone A technology development contract with respect to the Unmanned
Carrier-launched Surveillance and Strike system program until a period of 30
days has elapsed following the date on which the Under Secretary certifies to
the congressional defense committees that the software and system engineering
designs for the control system and connectivity and aircraft carrier segments
of such program can achieve, with low level of integration risk, successful
compatibility and interoperability with the air vehicle segment selected for
contract award with respect to such program.
213.
Limitation on
availability of funds for Air Force logistics transformation
Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2014 for procurement,
Air Force, or research, development, test, and evaluation, Air Force, for
logistics information technology, including for the expeditionary combat
support system, not more than 50 percent may be obligated or expended until the
date that is 30 days after the date on which the Secretary of the Air Force
submits to the congressional defense committees a report on how the Secretary
will modernize and update the logistics information technology systems of the
Air Force following the cancellation of the expeditionary combat support
system. Such report shall include—
(1) strategies
to—
(A) in the near term,
address any gaps in capability with respect to logistics information
technology; and
(B) during the period covered by the current
future-years defense plan, provide for long-term modernization of logistics
information technology;
(2) an analysis of the root causes leading to
the failure of the expeditionary combat support system program; and
(3) a
plan of action by the Secretary to ensure that the lessons learned under such
analysis are—
(A) shared throughout
the Department of Defense and the military departments; and
(B) considered in
program planning for similar logistics information technology systems.
214.
Limitation on
availability of funds for defensive cyberspace operations of the Air
Force
(a)
Limitation
Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2014 for procurement,
Air Force, or research, development, test, and evaluation, Air Force, for
Defensive Cyberspace Operations (Program Element 0202088F), not more than 90
percent may be obligated or expended until a period of 30 days has elapsed
following the date on which the Secretary of the Air Force submits to the
congressional defense committees a report on the Application Software Assurance
Center of Excellence.
(b)
Matters
included
The report under subsection (a) shall include the
following:
(1) A description of how the Application
Software Assurance Center of Excellence is used to support the software
assurance activities of the Air Force and other elements of the Department of
Defense, including pursuant to section 933 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112–239;
10 U.S.C.
2224 note).
(2) A
description of the resources used to support the Center of Excellence from the
beginning of the Center through fiscal year 2014.
(3) The plan of the Secretary for sustaining
the Center of Excellence during the period covered by the future-years defense
program submitted in 2013 under
section
221 of title 10, United States Code.
215.
Limitation on
availability of funds for precision extended range munition
program
Of the funds
authorized to be appropriated by this Act or otherwise made available for
fiscal year 2014 for the Department of Defense, not more than 50 percent may be
obligated or expended for the precision extended range munition program until
the date on which the Under Secretary of Defense for Acquisition, Technology,
and Logistics submits to the congressional defense committees written
certification that—
(1) such program is necessary to meet a valid
operational need that cannot be met by the existing precision guided mortar
munition of the Army, other indirect fire weapons, or aerial-delivered joint
fires; and
(2) a
sufficient business case exists to proceed with development and production of
such program.
216.
Limitation on
availability of funds for the program manager for biometrics of the Department
of Defense
(a)
Limitation
Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2014 for research,
development, test, and evaluation for the Department of Defense program manager
for biometrics for future biometric architectures or systems, not more than 75
percent may be obligated or expended until a period of 30 days has elapsed
following the date on which the Secretary of Defense submits to the
congressional defense committees a report assessing the future program
structure for biometrics oversight and execution and architectural requirements
for biometrics enabling capability.
(b)
Matters
included
The report under subsection (a) shall include the
following:
(1) An assessment of the roles and
responsibilities of the principal staff assistant for biometrics, the program
manager for biometrics, and the Biometrics Identity Management Agency,
including an analysis of alternatives to evaluate—
(A) how to better
align responsibilities for the multiple elements of the military departments
and the Department of Defense with responsibility for biometrics, including the
Navy and the Marine Corps; the Office of the Provost Marshall General, and the
intelligence community; and
(B) whether the program management
responsibilities of the Department of Defense program manager for biometrics
should be retained by the Army or transferred to another military department or
element of the Department based on the expected future operating
environment.
(2) An assessment of
the current requirements for the biometrics enabling capability to ensure the
capability continues to meet the needs of the relevant military departments and
elements of the Department of Defense based on the future operating environment
after the drawdown in Afghanistan.
(3) An analysis of the
need to merge the program management structures and systems architecture and
requirements development process for biometrics and forensics
applications.
217.
Unmanned combat air
system demonstration testing requirement
Not later than October 1, 2014, the
Secretary of the Navy shall demonstrate, with respect to the X–47B unmanned
combat air system aircraft, the following:
(1) Unmanned
autonomous rendezvous and aerial-refueling operations using the receptacle and
probe equipment of the X–47B aircraft.
(2) The ability of
such aircraft to on-load fuel from airborne tanker aircraft using both the boom
and drogue equipment installed on the tanker aircraft.
218.
Long-range standoff
weapon requirement
The
Secretary of the Air Force shall develop a follow-on air-launched cruise
missile to the AGM–86 that—
(1) achieves initial operating capability for
both conventional and nuclear missions by not later than 2030; and
(2) is certified for internal carriage and
employment for both conventional and nuclear missions on the next-generation
long-range strike bomber by not later than 2034.
219.
Review of software
development for F–35 aircraft
(a)
Review
The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall establish an independent team
consisting of subject matter experts to review the development of software for
the F–35 aircraft program (in this section referred to as the software
development program), including by reviewing the progress made
in—
(1) managing the
software development program; and
(2) delivering
critical software capability in accordance with current program
milestones.
(b)
Report
Not
later than March 3, 2014, the Under Secretary shall submit to the congressional
defense committees a report on the review under subsection (a). Such report
shall include the following:
(1) An assessment by the independent team with
respect to whether the software development program—
(A) has been successful in meeting the key
milestone dates occurring before the date of the report; and
(B) will be successful
in meeting the established program schedule.
(2) Any recommendations of the independent team
with respect to improving the software development program to ensure that, in
support of the start of initial operational testing, the established program
schedule is met on time.
(3) If the independent
team determines that the software development program will be unable to deliver
the full complement of software within the established program schedule, any
potential alternatives that the independent team considers appropriate to
deliver such software within such schedule.
220.
Evaluation and
assessment of the Distributed Common Ground System
(a)
Project codes
for budget submissions
In the
budget transmitted by the President to Congress under
section
1105 of title 31, United States Code, for fiscal year 2015 and
each subsequent fiscal year, each capability component within the distributed
common ground system program shall be set forth as a separate project code
within the program element line, and each covered official shall submit
supporting justification for the project code within the program element
descriptive summary.
(b)
Analysis
(1)
Requirement
The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall conduct an analysis of commercial
link analysis tools that are compliant with the intelligence community data
standards and could be used to meet the requirements of the distributed common
ground system program.
(2)
Elements
The
analysis required under paragraph (1) shall include the following:
(A) Revalidation of the distributed common
ground system program requirements for link analysis tools based on current
program needs, recent operational experience, and the requirement for
nonproprietary solutions that adhere to open-architecture principles.
(B) Market research of
current commercially available link analysis tools to determine which tools, if
any, could potentially satisfy the requirements described in subparagraph
(A).
(C) Analysis of the
competitive acquisition options for any commercially available link analysis
tools identified in subparagraph (B).
(3)
Submission
Not
later than 180 days after the date of the enactment of this Act, the Under
Secretary shall submit to the congressional defense committees the results of
the analysis conducted under paragraph (1).
(c)
Competition
required
(1)
In
general
Except as provided by
paragraph (3), if the Under Secretary identifies one or more commercial link
analysis tools under subsection (b) (other than such tools offered by the
current technology provider) that meet the requirements for the distributed
common ground system program, including the requirement for nonproprietary
solutions that adhere to open-architecture principles, each covered official
shall initiate a request for proposals for such link analysis tools by not
later than 180 days after the Under Secretary makes such identification. Such a
request for proposals shall be based on market research and competitive
procedures in accordance with applicable law and the Defense Federal
Acquisition Regulation Supplement.
(2)
Notification
Each covered official shall submit to the
congressional defense committees written notification of any request for
proposals issued under paragraph (1) by not later than 30 days after such
request is issued.
(3)
Waiver of RFP
timeline
If a covered
official determines that issuing a request for proposals by the date specified
in paragraph (1) would not be aligned with the acquisition or developmental
milestones of the distributed common ground station program, the covered
official may waive the requirement to issue such a request for proposals by
such date if the covered official submits to the congressional defense
committees a written notification of such waiver that includes—
(A) the reasons for
making such a waiver; and
(B) identification of
when in the acquisition timeline of such program that the covered official
plans to issue the request for proposals.
(d)
Covered official
defined
In this section, the term covered official
means the following:
(1) The Secretary of the Army, with respect to
matters concerning the Army.
(2) The Secretary of
the Navy, with respect to matters concerning the Navy.
(3) The Secretary of
the Air Force, with respect to matters concerning the Air Force.
(4) The Commandant of
the Marine Corps, with respect to matters concerning the Marine Corps.
(5) The Commander of
the United States Special Operations Command, with respect to matters
concerning the United States Special Operations Command.
221.
Requirement to
complete individual carbine testing
The Secretary of the Army may not cancel the
individual carbine program unless the Secretary—
(1) completes the
Phase III down-select and user-evaluation phase of the individual carbine
competitors;
(2) conducts the required comprehensive
business case analysis of such program; and
(3) submits to the congressional defense
committees—
(A) the results of the
down-select and user evaluation described in paragraph (1); and
(B) the business case
analysis described in paragraph (2).
222.
Establishment of
funding line and fielding plan for Navy laser weapon system
(a)
In
general
The Secretary shall
ensure that each future-years defense program submitted to Congress under
section
221 of title 10, United States Code, that covers any of fiscal
years 2018 through 2028 includes a funding line and fielding plan for a Navy
laser weapon system with respect to such fiscal years.
(b)
Alternative
report
If the Secretary
determines that the technology and maturation efforts of a Navy laser weapon
system conducted prior to fiscal year 2016 do not indicate that suitable
technology warranting a program of record for such system will be available by
2018, the Secretary may waive the requirements of subsection (a) if the
Secretary submits to the congressional defense committees written justification
of such determination, including a description of the technical shortcomings of
such system, by not later than March 30, 2016.
223.
Sense of Congress on
importance of aligning common missile compartment of Ohio-class replacement
program with the United Kingdom's Vanguard successor program
(a)
Findings
Congress finds the following:
(1) The Polaris Sales Agreement of 1963
formally arranged for the Polaris missile system to be purchased by the United
Kingdom for its submarines. It was extended in 1982 to include the Trident
missile system and this agreement continues to underpin the independent nuclear
deterrent of the United Kingdom.
(2) April 2013 marked
the 50-year anniversary of the agreement.
(3) Since the inception of the agreement, the
agreement has been a tremendous success and provided great benefits to both
nations by creating major cost savings, stronger nuclear deterrence, and a
stronger alliance.
(4) The Ohio-class ballistic missile submarine
replacement of the United States and the Vanguard-class ballistic missile
successor of the United Kingdom will share a common missile compartment and the
Trident II/D5 strategic weapon system.
(b)
Sense of
Congress
It is the sense of
Congress that the Secretary of Defense and the Secretary of the Navy should
make every effort to ensure that the common missile compartment associated with
the Ohio-class ballistic missile submarine replacement program stays on
schedule and is aligned with the Vanguard-successor program of the United
Kingdom in order for the United States to fulfill its longstanding commitment
to our ally and partner in sea-based strategic deterrence.
224.
Sense of
congress on counter-electronics high power microwave missile
project
It is the sense of the
Congress that—
(1) following the successful joint technology
capability demonstration that the counter-electronics high power microwave
missile project (in this section referred to as CHAMP) conducted
last year, the Air Force should examine the results of the demonstration and
consider the demonstration as a potential solution during any analysis of
alternatives conducted in 2014;
(2) an analysis of
alternatives is an important step in the long term-term development of a high
power microwave weapon;
(3) additionally, a
near-term option may be available to get such capability to commanders of the
combatant commands should the capability be required;
(4) the Secretary of
the Air Force should pursue both near- and long-term high power microwave
weapon systems;
(5) CHAMP could be
developed as a cruise missile delivered weapon with target availability to
commanders of the combatant commands by 2016; and
(6) such development
should not prohibit or divert resources from an analysis of alternatives and
long-term development of a high power microwave weapon.
225.
Limitation on
availability of funds for space-based infrared systems space
program
Of the funds
authorized to be appropriated by this Act or otherwise made available for
fiscal year 2014 for the Department of Defense, not more than 50 percent may be
obligated or expended for the space-based infrared systems space modernization
initiative wide-field-of-view testbed until the Executive Agent for Space of
the Department of Defense certifies to the congressional defense committees
that the Secretary of Defense is carrying out the Operationally Responsive
Space Program Office in accordance with
section
2273a of title 10, United States Code.
C
Missile Defense
Programs
231.
Prohibition on
use of funds for MEADS program
(a)
Prohibition
None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year 2014 for
the Department of Defense may be obligated or expended for the medium extended
air defense system.
(b)
Harvesting
technology
(1)
Notice and
wait
The Secretary of Defense
may not carry out actions described in paragraph (2) until a period of 120 days
has elapsed following the date on which the Secretary notifies the
congressional defense committees of the plans of the Secretary to carry out
such actions.
(2)
Actions
described
Actions described
in this paragraph are actions relating to harvesting technology of the medium
extended air defense system.
(c)
Report
(1)
In
general
Not later than
February 15, 2014, the Secretary of the Army shall submit to the congressional
defense committees a report on the opportunities to harvest technology of the
medium extended air defense system to modernize the various air and missile
defense systems and integrated architecture of the Army, based on the report
required by section 226 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112–239; 126 Stat. 1678).
(2)
Matters
included
The report under paragraph (1) shall include the
following:
(A) A review of current Army and joint
requirements to which any harvested technology of the medium extended air
defense system might be applied.
(B) The timeline of
the Secretary for completion of an analysis of alternatives to technologies and
systems being considered for harvesting.
(C) An overview of the planned acquisition
strategy for any major systems being considered for harvesting and for
insertion into the integrated air and missile defense architecture.
(d)
Application
The prohibition in subsection (a) may not
be superseded except by a provision of law that specifically supersedes,
repeals, or modifies such subsection.
232.
Additional missile
defense site in the United States for optimized protection of the
homeland
(a)
Findings
Congress makes the following
findings:
(1) President George
W. Bush and President Barack Obama have each recognized the necessity for an
additional measure of protection–beyond missile defense sites in Alaska and
California–for defending the United States against intercontinental ballistic
missile (ICBM) threats emanating from the Middle East.
(2) General Jacoby,
the Commander of the United States Northern Command, testified before Congress
that we should consider that Iran has a capability within the next few
years of flight testing ICBM capable technologies and that the
Iranians are intent on developing an ICBM.
(3) General Kehler,
the Commander of the United States Strategic Command, testified before Congress
that I am confident that we can defend against a limited attack from
Iran, although we are not in the most optimum posture to do that today * * * it
doesn’t provide total defense today.
(4) General Jacoby
also testified before Congress that I would agree that a third site,
wherever the decision is to build a third site, would give me better weapons
access, increased GBI inventory and allow us the battle space to more optimize
our defense against future threats from Iran and North Korea.
(5) Section 227 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1678) directs the Missile Defense
Agency—
(A) to conduct
environmental impact studies for three potential locations for an additional
missile defense site capable of protecting the homeland; and
(B) to develop a
contingency plan in case the President determines to proceed with deployment of
such an additional site.
(6) According the
Missile Defense Agency, the cost to deploy up to 20 ground-based interceptors
(GBIs) at a new missile defense site on the East Coast of the United States is
approximately $3,000,000,000 and would require approximately 5 to 6 years to
complete.
(b)
Additional
missile defense site
(1)
In
general
The Missile Defense
Agency shall construct and make operational in fiscal year 2018 an additional
homeland missile defense site capable of protecting the homeland, designed to
complement existing sites in Alaska and California, to deal more effectively
with the long-range ballistic missile threat from the Middle East.
(2)
Requirement in
addition to other required activities regarding missile defense
sites
The Missile Defense Agency shall carry out the requirement
in paragraph (1) to construct and deploy an additional homeland missile defense
site (including any advance procurement and engineering and design in
connection with such site) while continuing to meet the requirement to prepare
environmental impact statements and a contingency plan under section 227 of the
National Defense Authorization Act for Fiscal Year 2013 for the missile defense
sites described in that section.
(3)
Report
Not
later than 180 days after the date of the enactment of this Act, the Director
of the Missile Defense Agency shall submit to Congress a report on the missile
defense site required to be constructed and deployed under paragraph (1). The
report shall include a description of the current estimate of the funding to be
required for construction and deployment of the missile defense site, including
for advance procurement, engineering and design, materials and construction,
interceptor missiles, and sensors.
233.
Limitation on
removal of missile defense equipment from East Asia
(a)
Policy
It is the policy of the United States
that—
(1) the missile
defenses of the United States provide defense against multiple threats,
including threats to the United States, allies of the United States, and the
deployed forces of the United States; and
(2) the elimination of
one threat, for example the illegal nuclear weapons program of a rogue state,
does not eliminate the reason the United States deploys missile defenses to a
particular region, including to defend allies of the United States and deployed
forces of the United States from other regional threats.
(b)
Limitation
Except as provided by subsection (c) or
(d), none of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2014 or any fiscal year thereafter may be
obligated or expended to remove missile defense equipment of the United States
from East Asia until a period of 180 days has elapsed following the date on
which the President certifies to the congressional defense committees the
following:
(1) Each country in East Asia that poses a
threat to allies of the United States has verifiably dismantled the nuclear
weapons and ballistic missile programs of such country.
(2) The President has
consulted with such allies with respect to the dismantlement described in
paragraph (1) that—
(A) such dismantlement
has occurred; and
(B) the missile
defense platforms of the United States located in East Asia are no longer
needed.
(c)
Waiver
The President may waive the limitation in
subsection (b) with respect to removing missile defense equipment of the United
States from East Asia if—
(1) the President
submits to the congressional defense committees—
(A) a certification
that such waiver is in the national security interest of the United States;
and
(B) a report, in
unclassified form, explaining—
(i) why
the President cannot make a certification for such removal under subsection
(b);
(ii) the
national security interest covered by the certification made under subparagraph
(A); and
(iii) how the President will provide a
commensurate level of defense for the United States, allies of the United
States, and deployed forces of the United States, as provided by such missile
defense equipment being removed; and
(2) a period of 30 days has elapsed following
the date on which the President submits the information under paragraph
(1).
(d)
Exception
The limitation in subsection (b) shall not
apply to destroyers and cruisers of the Navy equipped with the Aegis ballistic
missile defense system.
234.
Improvements to
acquisition accountability reports on ballistic missile defense system
(a)
In
general
Section 225 of title
10, United States Code, is amended—
(1) in subsection
(b)(3)(A), by inserting comprehensive before
life-cycle; and
(2) by adding at the
end the following:
(e)
Quality of cost
estimates
(1) The Director shall ensure that each cost
estimate included in an acquisition baseline pursuant to subsection (b)(3)
includes all operation and support costs, regardless of funding source, for
which the Director is responsible.
(2) In each such baseline submitted to the
congressional defense committees, the Director shall state whether the
underlying cost estimates in such baseline meet the criteria of the Comptroller
General of the United States to be considered a high-quality estimate. If the
Director states that such estimates do not meet such criteria, the Director
shall include in such baseline the actions, including a schedule, that the
Director plans to carry out for the estimates to meet such
criteria.
.
(b)
Report
Not later than February 15, 2014, the
Director of the Missile Defense Agency shall submit to the congressional
defense committees a report of the plans and schedule of the Director with
respect to when the Director will meet the quality and criteria of cost
estimates required by section 225(e) of title 10, United
States Code, as added by subsection (a)(2).
235.
Analysis of
alternatives for successor to precision tracking space system
(a)
Analysis of
alternatives required
(1)
In
general
The Director of the
Missile Defense Agency, in cooperation with the Director of Cost Assessment and
Program Evaluation and the Defense Space Council, shall perform an analysis of
alternatives for a successor to the precision tracking space system.
(2)
Consideration
The Director shall ensure that the analysis
of alternatives under paragraph (1) considers the following:
(A) Current and future terrestrial, airborne,
and space capabilities and capability gaps for missile defense sensing
requirements.
(B) Current and planned overhead persistent
infrared architecture and the potential for the future exploitability of such
architecture.
(C) Lessons learned
from the space tracking and surveillance system and precision tracking space
system technology development programs.
(D) Opinions of
private industry based on the experience of such industry with delivering space
capabilities.
(E) Opportunities for such successor system to
contribute to nonmissile defense missions with unmet requirements, including
space situational awareness.
(3)
Role of other
departments
In conducting the analysis of alternatives under
paragraph (1), the Director shall compare the advantages and disadvantages,
including in terms of costs, with respect to the Director—
(A) developing a
successor to the precision tracking space system solely for the Missile Defense
Agency; and
(B) cooperating with
other heads of departments and agencies of the United States to develop space
systems that are multi-mission, including by hosting payloads.
(b)
Submission
required
(1)
Terms of
reference
Not later than 60
days after the date of the enactment of this Act, the Director shall submit to
the congressional defense committees the terms of reference of the analysis of
alternatives performed under subsection (a)(1).
(2)
In
general
Not later than 180
days after the date of the enactment of this Act, the Director shall submit to
the congressional defense committees a report including—
(A) the analysis of alternatives for a
successor to the precision tracking space system performed under subsection
(a)(1); and
(B) a description of
the potential platforms on which a hosted payload could be hosted.
(3)
Form
The
report required by paragraph (2) shall be submitted in unclassified form, but
may include a classified annex.
(c)
Conforming
repeal
Section 224 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1675)
is repealed.
236.
Plan to improve
organic kill assessment capability of the ground-based midcourse defense
system
(a)
Organic kill
assessment capability
The
Director of the Missile Defense Agency and the Commander of the United States
Northern Command, in consultation with the Commander of the United States
Strategic Command, shall jointly develop—
(1) options to achieve an organic kill
assessment capability for the ground-based midcourse defense system that can be
developed by not later than December 31, 2019, including by improving the
command, control, battle management, and communications program and the sensor
and communications architecture of the Agency; and
(2) a
plan to carry out such options that gives priority to including such
capabilities in at least some of the 14 ground-based interceptors that will be
procured by the Director, as announced by the Secretary of Defense on March 15,
2013.
(b)
Improved hit
assessment
The Director and
the Commander of the United States Northern Command, in consultation with the
Commander of the United States Strategic Command, shall jointly develop an
interim capability for improved hit assessment for the ground-based midcourse
defense system that can be integrated into near-term enhanced kill vehicle
upgrades and refurbishment.
(c)
Submission to
Congress
Not later than March 15, 2014, the Director and the
Commander of the United States Northern Command shall jointly submit to the
congressional defense committees a report on—
(1) the development of
an organic kill assessment capability under subsection (a), including the plan
developed under paragraph (2) of such subsection; and
(2) the development of an interim capability
for improved hit assessment under subsection (b).
237.
Availability of
funds for Iron Dome short-range rocket defense program
Of the funds authorized to be appropriated
for fiscal year 2014 by section 201 for research, development, test, and
evaluation, Defense-wide, and available for the Missile Defense Agency,
$15,000,000 may be obligated or expended for enhancing the capability for
producing the Iron Dome short-range rocket defense program in the United
States, including for infrastructure, tooling, transferring data, special test
equipment, and related components.
238.
NATO and the
phased, adaptive approach to missile defense in Europe
(a)
NATO
funding
(1)
Phase I of
EPAA
Not later than 60 days
after the date of the enactment of this Act, the President shall consult with
the North Atlantic Council and the Secretary General of the North Atlantic
Treaty Organization (in this section referred to as NATO)
on—
(A) the funding of the
phased, adaptive approach to missile defense in Europe; and
(B) establishing a plan for NATO to provide at
least 50 percent of the infrastructure and operations and maintenance costs of
phase I of the phased, adaptive approach to missile defense in Europe.
(2)
Phases II and
III of EPAA
The President
shall use the NATO Military Common-Funded Resources process to seek to fund at
least 50 percent of the costs for phases II and III of the phased, adaptive
approach to missile defense in Europe.
(3)
Reports
Not later than 180 days after the date of
the enactment of this Act, and each 180-day period thereafter, the President
shall submit to the congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on Foreign Relations
of the Senate a report on the funding provided by NATO pursuant to paragraphs
(1) and (2).
(b)
Interceptors
If the Secretary of Defense determines that
it is useful to the interests of the United States, the Secretary shall seek to
engage with members of NATO to establish a NATO common pool of Aegis standard
missile–3 block IA, standard missile–3 block IB, and standard missile–3 block
IIA interceptors to defend NATO members through the phased, adaptive approach
to missile defense in Europe.
239.
Sense of
Congress on procurement of capability enhancement II exoatmospheric kill
vehicle
It is the sense of
Congress that the Secretary of Defense should not procure a Capability
Enhancement II exoatmospheric kill vehicle for deployment until after the date
on which a successful operational flight test of the Capability Enhancement II
ground-based interceptor has occurred unless such procurement is for test
assets or to maintain a warm line for the industrial base.
240.
Sense of
Congress on 30th anniversary of the Strategic Defense Initiative
(a)
Findings
Congress finds the following:
(1) President Ronald Reagan in March 1983, in a
speech from the oval office, laid the corner stone for a long-term research and
development program to begin to achieve our ultimate goal of eliminating the
threat posed by strategic nuclear missiles.
(2) President Reagan
stated, I've become more and more deeply convinced that the human spirit
must be capable of rising above dealing with other nations and human beings by
threatening their existence * * * What if free people could live secure in the
knowledge that their security did not rest upon the threat of instant United
States retaliation to deter a Soviet attack, that we could intercept and
destroy strategic ballistic missiles before they reached our own soil or that
of our allies?.
(3) The Strategic
Defense Initiative, also known as Star Wars, challenged the
nation to accomplish the impossible by moving beyond the obvious possibilities
of the day to set the United States and our allies up for success.
(4) In 1999, the
Ballistic Missile Defense Organization (BMDO), National Missile Defense (NMD)
prototype interceptor successfully demonstrated “hit-to-kill” technology
intercepting a modified Minuteman intercontinental Ballistic Missile
(ICBM).
(5) Congress passed
the National Missile Defense Act of 1999 (Public Law 106–38) (signed by
President Clinton), which stated, It is the policy of the United States
to deploy, as soon as is technologically possible, an effective National
Missile Defense system capable of defending the territory of the United States
against limited ballistic missile attack (whether accidental, unauthorized, or
deliberate).
(6) On December 13,
2001, President George W. Bush announced I have concluded the ABM treaty
hinders our government's ability to develop ways to protect our people from
future terrorist or rogue state missile attacks.
(7) Russian President
Vladimir Putin said the move was not a threat to the security of the
Russian Federation.
(8) Since 2001, the
United States has deployed considerable Missile Defense capability: 30
ground-based interceptors defending the continental U.S. today; 32 Aegis BMD
ships; 113 SM–3 IA interceptors; 25 SM–3 IB interceptors; 3 THAAD batteries and
89 interceptors; and 8 AN/TPY–2 forward-based sensors.
(9) The United States
has partnerships with 22 nations, and the North Atlantic Treaty Organization
(NATO), for missile defense cooperation. Likewise, India and South Korea are
developing missile defenses and the Russian Federation and People’s Republic of
China are also developing and improving missile defenses.
(10) Since 2001 when
they began development, United States missile defenses have had a test record
of 58 of 73 hit-to-kill intercept attempts and have been successful across all
programs of the integrated system, including Aegis Ballistic Missile Defense
(BMD), Ground-based Midcourse Defense (GMD), Terminal High Altitude Area
Defense (THAAD), and PATRIOT Advanced Capability–3.
(11) In July of 2004,
the United States missile defense system was declared operational with limited
capability. Since that time, it has offered defense against limited threats to
the continental United States.
(12) The United States has cooperatively
developed with our Israeli allies a number of missile defense systems including
Arrow, Arrow 3 and David’s Sling, systems which will protector our Israeli
allies and contribute technology and expertise to United States systems.
(13) The United States
in support of NATO deployed a Patriot missile battery to defend the population
and territory of Turkey and provide material support for Article V of the North
Atlantic Treaty in the event of spillover from the Syrian civil war and has
deployed Phase I of the European Phased Adaptive Approach, which includes a
transportable x-band radar array and an on-station AEGIS ballistic missile
defense ship armed with Standard Missile 3 block IA missile
interceptors.
(14) When United
States territory, deployed forces and allies were threatened by North Korean
ballistic missiles the United States had the operational capability and
national will to deploy THAAD units to Guam to provide a defensive
shield.
(15) The United States
continues to work jointly with Japan to improve the Navy Aegis Ballistic
Missile Defense (BMD) which in addition to providing missile defense in the
Pacific is also a keystone in the Phased Adaptive Approach for European missile
defense.
(16) On-going research
and development under the auspices of the Missile Defense Agency will continue
to expand the technology envelope to deploy a layered missile defense system
capable of defending the homeland, our military forces deployed overseas,
friendly nations and our allies against all ballistic missiles from launch and
orbit to reentry.
(17) A credible
ballistic missile defense system is critical to the national defense of the
United States.
(b)
Sense of
Congress
Congress—
(1) recognizes the
inspiring leadership of President Ronald Reagan to maintain the peace
through strength;
(2) recognizes the
enduring obligation President as Commander in Chief to preserve,
protect, and defend the Constitution;
(3) commemorates the
vision of President Reagan on the 30th anniversary of the Strategic Defense
Initiative;
(4) believes that it
is imperative that the United States continue fielding a robust missile defense
system, including additional ground based interceptors; and
(5) commits to
supporting continued investments in future missile defense capabilities and
emerging technologies such as directed energy and railguns.
241.
Readiness of
intercontinental ballistic missile force
The Secretary of Defense shall preserve each
intercontinental ballistic missile silo that contains a deployed missile as of
the date of the enactment of this Act in, at minimum, a warm status that
enables such silo to—
(1) remain a fully
functioning element of the interconnected and redundant command and control
system of the missile field; and
(2) be made fully
operational with a deployed missile.
242.
Sense of
Congress on negotiations affecting the missile defenses of the United
States
(a)
Findings
Congress finds the following:
(1) On April 15, 2013,
the National Security Advisor to the President, Tom Donilon, conveyed a
personal letter from President Obama to the President of the Russian
Federation, Vladimir Putin.
(2) Press reports
indicate that in this letter the President proposed, developing a
legally-binding agreement on transparency, which would include exchange of
information to confirm that our programs do not pose a threat to each other’s
deterrence forces, through a so-called executive agreement, for
which [the President] does not need to seek the consent of
Congress..
(3) The Deputy Foreign
Minister of Russia, Sergei Ryabkov, stated in response to the letter that,
the proposals of the U.S. side on the issue are quite concrete and are
related in a certain way to the discussions our countries had at various levels
in the past years. And it cannot be said from this point of view that the
offers are decorative and not serious. No, I want to emphasize that we are
committing to the seriousness of these proposals but we note their
insufficiency..
(4) Press reports
indicate that the Secretary of the Russian Security Council, Nikolai Patrushev,
conveyed a response to the letter from President Putin.
(5) President Obama’s
proposed deal with Russian President Putin has been kept secret from Congress
and the American people.
(6) The Administration has systematically
denied Congress information about past offers of United States missile defense
concessions to Russia, including written requests from Members of the House of
Representatives.
(b)
Sense of
Congress
It is the sense of Congress that—
(1) the President
should promptly convey to Congress the details of any proposed deals with the
Russian Federation concerning the missile defenses or nuclear arms of the
United States; and
(2) the missile
defenses of the United States are central to the defense of the homeland from
ballistic missile threats, particularly if nuclear deterrence fails, thus such
defenses are not something that the President should continue to trade away for
the prospects of nuclear arms reductions with Russia, the People’s Republic of
China, or any other foreign country.
D
Reports
251.
Annual
Comptroller General report on the amphibious combat vehicle acquisition
program
(a)
Annual GAO
review
During the period beginning on the date of the enactment
of this Act and ending on March 1, 2018, the Comptroller General of the United
States shall conduct an annual review of the amphibious combat vehicle
acquisition program.
(b)
Annual
reports
(1)
In
general
Not later than March
1 of each year beginning in 2014 and ending in 2018, the Comptroller General
shall submit to the congressional defense committees a report on the review of
the amphibious combat vehicle acquisition program conducted under subsection
(a).
(2)
Matters to be
included
Each report under paragraph (1) shall include the
following:
(A) The extent to
which the program is meeting development and procurement cost, schedule,
performance, and risk mitigation goals.
(B) With respect to meeting the desired initial
operational capability and full operational capability dates for the amphibious
combat vehicle, the progress and results of—
(i) developmental and
operational testing of the vehicle; and
(ii) plans for
correcting deficiencies in vehicle performance, operational effectiveness,
reliability, suitability, and safety.
(C) An assessment of
procurement plans, production results, and efforts to improve manufacturing
efficiency and supplier performance.
(D) An assessment of the acquisition strategy
of the amphibious combat vehicle, including whether such strategy is in
compliance with acquisition management best-practices and the acquisition
policy and regulations of the Department of Defense.
(E) An assessment of the projected operations
and support costs and the viability of the Marine Corps to afford to operate
and sustain the amphibious combat vehicle.
(3)
Additional
information
In submitting to
the congressional defense committees the first report under paragraph (1) and a
report following any changes made by the Secretary of the Navy to the baseline
documentation of the amphibious combat vehicle acquisition program, the
Comptroller General shall include, with respect to such program, an assessment
of the sufficiency and objectivity of—
(A) the analysis of
alternatives;
(B) the initial
capabilities document; and
(C) the capabilities
development document.
252.
Report on strategy
to improve body armor
(a)
Report
Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the comprehensive research and
development strategy of the Secretary to achieve significant reductions in the
weight of body armor.
(b)
Matters
included
The report under subsection (a) shall include the
following:
(1) A brief description of each solution for
body armor weight reduction that is being developed as of the date of the
report.
(2) For each such
solution—
(A) the costs, schedules, and performance
requirements;
(B) the research and
development funding profile;
(C) a description of
the materials being used in the solution; and
(D) the feasibility
and technology readiness levels of the solution and the materials.
(3) A
strategy to provide resources for future research and development of body armor
weight reduction.
(4) An explanation of how the Secretary is
using a modular or tailorable solution to approach body armor weight
reduction.
(5) A description of how the Secretary
coordinates the research and development of body armor weight reduction being
carried out by the military departments.
(6) Any other matter
the Secretary considers appropriate.
253.
Report on main
battle tank fuel efficiency initiative
Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report on the investment strategy to
accelerate fuel efficiency improvements to the current engine and transmission
of the M1 Abrams series main battle tank as part of the Army’s Engineering
Change Proposal Phase I strategy.
254.
Report on
powered rail system
(a)
Report
required
Not later than 90
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report on the powered
rail system compared to currently fielded solutions. Such report shall include
each of the following:
(1) Verification of relevant studies previously
conducted by the Army, including that of the Maneuver Center of Excellence,
which show that a typical infantry platoon requires approximately 430 pounds of
batteries for a 72-hour mission, or roughly 10 pounds per soldier, and that the
per-soldier, per-year procurement, storage, transport and disposal costs of
these batteries are between $50,000 and $65,000.
(2) An assessment of
the comparative total cost of ownership, including procurement, fielding,
training, and sustainment of the existing rail system and associated
rail-mounted devices with respect to battery types and usage, when compared to
that of a powered rail or intelligent rail system with a consolidated power
source.
(3) An assessment of
the specific effects of excessive battery weight on soldier mobility, endurance
and lethality determined through side-by-side time, endurance, motion and
lethality tests between soldiers operating with existing rail-mounted weapon
accessories and soldiers using the powered rail or intelligent rail
solution.
(4) An assessment of
the advantages to the Army of incorporating the high-speed communications
capability embedded in the powered rail or intelligent rail technology,
including the integration of existing Army devices and devices in development
such as the family of weapons sights and the enhanced night vision goggles,
with the powered rail technology, and the connection of these previously
unconnected devices to the soldier network.
(b)
Testing
Any testing conducted in order to produce
the report required by subsection (a) shall be supervised and validated by the
Director of Operational Test and Evaluation of the Department of
Defense.
255.
Report on
science, technology, engineering, and mathematics scholarship
program
Not later than 60 days
after the date of enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report that assesses whether the
Science, Mathematics and Research for Transformation (SMART) scholarship
program, or related scholarship or fellowship programs within the Department of
Defense, are providing the necessary number of undergraduate and graduate
students in the fields of science, technology, engineer, and mathematics to
meet the recommendations contained in the report of the Commission on Research
and Development in the United States Intelligence Community, as well as
recommendation for how SMART and similar program might be improved to better
satisfy those recommendations.
E
Other
Matters
261.
Establishment of
Cryptographic Modernization Review and Advisory Board
(a)
In
general
Chapter
7 of title 10, United States Code, is amended by adding at the
end the following new section:
189.
Cryptographic
Modernization Review and Advisory Board
(a)
Establishment
There shall be in the Department of Defense
a Cryptographic Modernization Review and Advisory Board (in this section
referred to as the Board) to review and assess the cryptographic
modernization activities of the Department and provide advice to the Secretary
with respect to such activities pursuant to the roles and responsibilities
outlined in the Chairman of the Joint Chiefs of Staff Instruction 6510.02D.
(b)
Members
(1) The Secretary shall
determine the number of members of the Board.
(2) The Secretary shall appoint officers
in the grade of general or admiral and civilian employees of the Department of
Defense in the Senior Executive Service to serve as members of the
Board.
(c)
Responsibilities
The Board shall—
(1) review compliance
with cease-use dates for specific cryptographic systems based on rigorous
analysis of technical and threat factors and issue guidance, as needed, to
relevant program executive offices and program managers;
(2) monitor the
overall cryptographic modernization efforts of the Department, including while
such efforts are being executed;
(3) convene in-depth
technical program reviews, as needed, for specific cryptographic modernization
developments with respect to validating current and in-draft requirements of
systems of the Department of Defense and identifying programmatic risks;
(4) develop a five-year cryptographic
modernization plan to—
(A) make recommendations to the Joint
Requirements Oversight Council with respect to updating or modifying
requirements for cryptographic modernization; and
(B) identify
previously unidentified requirements;
(5) develop a
long-term roadmap to—
(A) ensure synchronization with major planning
documents;
(B) anticipate risks
and issues in 10- and 20-year timelines; and
(C) ensure that the expertise and insights of
the military departments, Defense Agencies, the combatant commands, industry,
academia, and key allies are included in the course of developing and carrying
out cryptographic modernization activities;
(6) develop a concept of operations for how
cryptographic systems should function in a system-of-systems environment;
and
(7) advise the
Secretary on the development of a cryptographic asset visibility system.
(d)
Exclusion of
certain programs
The Board
shall not include programs funded under the National Intelligence Program (as
defined in section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6)))
in carrying out this
section.
.
(b)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 188 the following new
item:
189. Cryptographic Modernization Review
and Advisory
Board.
.
262.
Clarification
of eligibility of a State to participate in defense experimental program to
stimulate competitive research
Subparagraph (A) of section 257(d)(2) of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law
103–337;
10 U.S.C.
2358 note) is amended to read as follows:
(A) the State is eligible for the experimental
program to stimulate competitive research under section 113 of the National
Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g);
and
.
263.
Extension and
expansion of mechanisms to provide funds for defense laboratories for research
and development of technologies for military missions
(a)
Clarification of
availability of funds
Section 219 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is
amended—
(1) by redesignating
subsections (b) and (c) as subsections (c) and (d), respectively; and
(2) by inserting after
subsection (a) the following new subsection (b):
(b)
Availability of
funds for infrastructure revitalization projects
(1)
In
general
Subject to the provisions of this subsection, funds
available under a mechanism under subsection (a) for specific laboratory
infrastructure revitalization projects shall be available for such projects
until expended.
(2)
Prior notice of
costs of projects
Funds shall be available in accordance with
paragraph (1) for a project referred to in that paragraph only if the
congressional defense committees are notified of the total cost of the project
before the commencement of the project.
(3)
Accumulation of
funds for projects
Funds may accumulate under a mechanism under
subsection (a) for a project referred to in paragraph (1) for not more than
five years.
(4)
Limitation on
total cost of project
Funds shall be available in accordance with
paragraph (1) for a project referred to in that paragraph only if the cost of
the project does not exceed
$4,000,000.
.
(b)
Extension
Subsection
(d) of such section, as redesignated by subsection (a)(1) of this section, is
amended by striking September 30, 2016 and inserting
September 30, 2020.
(c)
Application
Subsection (b) of section 219 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358
note), as added by subsection (a)(2), shall apply with respect to funds made
available under such section 219 after the date of the enactment of this
Act.
264.
Extension of
authority to award prizes for advanced technology achievements
Section 2374a(f) of
chapter 139 of title 10,
United States Code, is amended by striking September 30, 2013
and inserting September 30, 2018.
265.
Five-year
extension of pilot program to include technology protection features during
research and development of certain defense systems
Section 243(d) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law
111–383;
10 U.S.C.
2358 note) is amended by striking October 1,
2015 and inserting October 1, 2020.
266.
Briefing on
power and energy research conducted at university affiliated research
centers
(a)
Briefing
Not later than March 31, 2014, the
Secretary of Defense shall brief the Committees on Armed Services of the Senate
and the House of Representatives on power and energy research conducted at the
university affiliated research centers.
(b)
Matters
included
The briefing under subsection (a) shall include the
following:
(1) A
description of current and planned research on power grid issues conducted with
other university-based energy centers.
(2) A description of current and planned
collaboration efforts regarding power grid issues with university-based
research centers that have an expertise in energy efficiency and renewable
energy, including efforts with respect to—
(A) system failure and
losses, including—
(i) utility logistics
and supply chain management for events resulting in system failure or other
major damage;
(ii) near real-time
utility and law enforcement access to damage assessment information during
events resulting in system failure or other major damage;
(B) mitigation and
response to disasters and attacks;
(C) variable energy
resource integration on the bulk power system;
(D) integration of
high penetrations of distributed energy technologies on the electric
distribution system;
(E) substation and
asset hardening techniques appropriate for use in civilian areas;
(F) facilitating
development of training programs to support significant increase in required
technical skills of present and future utility field forces, including hands-on
training; and
(G) facilitating
increased consumer self-sufficiency.
267.
Approval of
certain new uses of research, development, test, and evaluation land
(a)
In
general
Notwithstanding any
other provision of law, the Secretary of Defense, or the head of any other
department or agency of the Federal Government, may not finalize any decision
regarding new land use activity on covered land unless the Secretary concerned
approves such activity in writing.
(b)
Definitions
In this section:
(1) The term
covered land means ranges, test areas, or other land in the
contiguous United States used by the Secretary of Defense for activities
related to research, development, test, and evaluation that the Secretary
determines, for purposes of this section, to be critical to national
security.
(2) The term
new land use activity means an activity regarding the use of
covered land that—
(A) as of the date of
the enactment of this Act, is not carried out on covered land; and
(B) is carried out by,
or in cooperation with, a department or agency of the Federal Government other
than the Department of Defense.
(3) The term
Secretary concerned has the meaning given that term in
section
101(a)(9) of title 10, United States Code.
268.
Canines as
stand-off detection of explosives and explosive precursors
Not later than 90 days after the date of
enactment of this Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall provide to the Committee on Armed Services of
the House of Representatives and the Committee on Armed Services of the Senate
a report that—
(1) describes how the
Department of Defense intends to maintain the capability and infrastructure
required to support canines as stand-off detection of explosives and explosive
precursors;
(2) specifies the appropriate office to oversee
the acquisition process, research and development, technology advancement,
testing and evaluation, and production and procurement with respect to canines
as stand-off detection of explosives and explosive precursors;
(3) specifies the plan to sustain and enhance
the partnerships and relationships of the Department of Defense with service
laboratories, private sector companies, and academic institutions to ensure
that the latest data and information regarding canine capabilities are
distributed throughout the Department and other Federal agencies that could
benefit from such information; and
(4) specifies any technologies capable of
replacing the canine as a stand-off detection capability during the next 2
years.
III
Operation and
Maintenance
A
Authorization of
Appropriations
301.
Operation and
maintenance funding
Funds are
hereby authorized to be appropriated for fiscal year 2014 for the use of the
Armed Forces and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and maintenance, as
specified in the funding table in section 4301.
302.
Authorization
of appropriations for Marine Security Guard
(a)
Increase
Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to be appropriated in
section 301 for Operation and Maintenance, as specified in the corresponding
funding table in section 4301, for Marine Security Guard is hereby increased by
$13,400,000.
(b)
Offset
Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to be appropriated in
section 301 for Operation and Maintenance, Army, as specified in the
corresponding funding table in section 4301, is hereby reduced by $13,400,000,
to be derived from the Maneuver Units.
303.
Authorization
of appropriations for Crisis Response Force
(a)
Increase
Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to be appropriated in
section 301 for Operation and Maintenance, as specified in the corresponding
funding table in section 4301, for the Crisis Response Force is hereby
increased by $10,600,000.
(b)
Offset
Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to be appropriated in
section 301 for Operation and Maintenance, Army, as specified in the
corresponding funding table in section 4301, is hereby reduced by $10,600,000,
to be derived from the Maneuver Units.
B
Energy and
Environment
311.
Deadline for
submission of reports on proposed budgets for activities relating to
operational energy strategy
Section 138c(e) of
title 10, United States Code, is amended—
(1) in paragraph (4),
by striking Not later than 30 days after the date on which the budget
for a fiscal year is submitted to Congress pursuant to
section
1105 of title 31, the Secretary of Defense shall submit to
Congress a report on the proposed budgets for that fiscal year and
inserting The Secretary of Defense shall submit to Congress a report on
the proposed budgets for a fiscal year; and
(2) by adding at the
end the following new paragraph:
(6) The report required by paragraph (4) for a
fiscal year shall be submitted by the later of the following dates:
(A) The date that is 30 days after the date on
which the budget for that fiscal year is submitted to Congress pursuant to
section
1105 of title 31.
(B) March 31 of the previous fiscal
year.
.
312.
Facilitation of
interagency cooperation in conservation programs of the Departments of Defense,
Agriculture, and Interior to avoid or reduce adverse impacts on military
readiness activities
(a)
Use of funds
under certain agreements
Section 2684a of title 10, United
States Code, is amended—
(1) by redesignating
subsections (h) and (i) as subsections (i) and (j); and
(2) by inserting after
subsection (g) the following new subsection (h):
(h)
Interagency
cooperation in conservation programs To avoid or reduce adverse impacts on
military readiness activities
In order to facilitate interagency
cooperation and enhance the effectiveness of actions that will protect both the
environment and military readiness, the recipient of funds provided pursuant an
agreement under this section or under the Sikes Act (16 U.S.C. et seq.) may,
with regard to the lands and waters within the scope of the agreement, use such
funds to satisfy any matching funds or cost-sharing requirement of any
conservation program of the Department of Agriculture or the Department of the
Interior notwithstanding any limitation of such program on the source of
matching or cost-sharing
funds.
.
(b)
Sunset
This section and subsection (h) of
section
2684a of title 10, United States Code, as added by this
section, shall expire on October 1, 2019, except that any agreement referred to
in such subsection that is entered into on or before September 30, 2019, shall
continue according to its terms and conditions as if this section has not
expired.
313.
Reauthorization
of Sikes Act
Section 108 of
the Sikes Act (16
U.S.C. 670f) is amended by striking fiscal years 2009
through 2014 each place it appears and inserting fiscal years
2014 through 2019.
314.
Cooperative
agreements under Sikes Act for land management related to Department of Defense
readiness activities
(a)
Multiyear
agreements To fund long-Term management
Subsection (b) of section 103A of the Sikes
Act (16 U.S.C.
670c–1) is amended—
(1) by inserting (1) before
Funds; and
(2) by adding at the
end the following new paragraph:
(2) In the case of a cooperative agreement
under subsection (a)(2), funds referred to in paragraph (1)—
(A) may be paid in a lump sum and include
an amount intended to cover the future costs of the natural resource
maintenance and improvement activities provided for under the agreement;
and
(B) may be invested by the recipient in
accordance with the recipient’s own guidelines for the management and
investment of financial assets, and any interest or income derived from such
investment may be applied for the same purposes as the
principal.
.
(b)
Availability of
funds and relation to other laws
Subsection (c) of such section
is amended to read as follows:
(c)
Availability of
funds and relation to other laws
(1) Cooperative agreements and interagency
agreements entered into under this section shall be subject to the availability
of funds.
(2) Notwithstanding
chapter 63 of title 31,
United States Code, a cooperative agreement under this section may be used to
acquire property or services for the direct benefit or use of the United States
Government.
(3) Amounts available to the Department of
Defense that are provided to any Federal, State, local, or nongovernmental
entity for conservation and rehabilitation of natural resources in an area that
is not on a military installation—
(A) may only be used for payment of direct
costs associated with the management of such area; and
(B) may be used to pay not more than 3 percent
of total project administrative costs, fees, and management charges.
(4) Amounts available to the Department of
Defense may not be used under this Act to acquire fee title interest in real
property for natural resources projects that are not on a military
installation.
.
(c)
Annual
audits
Such section is
further amended by adding at the end the following new subsection:
(d)
Annual
audits
The Inspector General
of the Department of Defense shall annually audit each natural resources
project funded with amounts available to the Department of Defense under this
Act that is not on a military
installation.
.
(d)
Sunset
This
section and the provisions of law enacted by the amendments made by this
section shall expire on October 1, 2019, except that any cooperative agreement
referred to in such provisions that is entered into on or before September 30,
2019, shall continue according to its terms and conditions as if this section
has not expired.
315.
Exclusions from
definition of chemical substance under Toxic Substances Control
Act
Section 3(2)(B)(v) of the
Toxic Substances Control Act (15 U.S.C. 2602(2)(B)(v)) is amended
by striking , and and inserting ‘‘and any component of such an
article (including, without limitation, shot, bullets and other projectiles,
propellants when manufactured for or used in such an article, and primers),
and’’.
316.
Exemption of
Department of Defense from alternative fuel procurement
requirement
Section 526 of
the Energy Independence and Security Act of 2007 (Public Law
110–140;
42 U.S.C.
17142) is amended by adding at the end the following:
This section shall not apply to the Department of
Defense..
317.
Clarification
of prohibition on disposing of waste in open-air burn pits
For the purposes of Department of Defense
Instruction 4715.19, issued as required by section 317 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84;
10 U.S.C.
2701 note) or any successor instruction, the term
covered waste specifically includes, in addition to the
materials already specified in subparagraphs (A) and (B) of subsection (c)(2)
of such section, the following:
(1) Tires.
(2) Treated
wood.
(3) Batteries.
(4) Plastics, except insignificant amounts of
plastic remaining after a good-faith effort to remove or recover plastic
materials from the solid waste stream.
(5) Munitions and explosives, the destruction
of which is covered in Department of Defense Instruction 6055.09–M (Reference
(i)).
(6) Compressed gas
cylinders, unless empty with valves removed.
(7) Fuel containers,
unless completely evacuated of its contents.
(8) Aerosol
cans.
(9) Polychlorinated
biphenyls.
(10) Petroleum, oils,
and lubricants products (other than waste fuel for initial combustion).
(11) Asbestos.
(12) Mercury.
(13) Foam tent
material.
(14) Any item
containing any of the materials referred to in a preceding paragraph.
318.
Limitation on
plan, design, refurbishing, or construction of biofuels
refineries
Notwithstanding any
other provision of law, the Secretary of Defense may not enter into a contract
for the planning, design, refurbishing, or construction of a biofuels refinery
any other facility or infrastructure used to refine biofuels unless such
planning, design, refurbishing, or construction is specifically authorized by
law.
319.
Limitation on
procurement of biofuels
(a)
In
general
Except as provided in
subsection (b), none of the amounts authorized to be appropriated by this Act
or otherwise made available for the Department of Defense may be used to
purchase or produce biofuels until the earlier of the following dates:
(1) The date on which
the cost of the biofuel is equal to the cost of conventional fuels purchased by
the Department.
(2) The date on which the Budget Control Act of
2011 (Public
Law 112–25), and the sequestration in effect by reason of such
Act, are no longer in effect.
(b)
Exceptions
The limitation under subsection (a) shall
not apply to biofuels purchased—
(1) in limited
quantities necessary to complete test and certification; or
(2) for the biofuel
research and development efforts of the Department.
320.
Military readiness
and southern sea otter conservation
(a)
Establishment of
the southern sea otter military readiness areas
Chapter
631 of title 10, United States Code, is amended by adding at
the end the following new section:
7235.
Establishment
of the Southern Sea Otter Military Readiness Areas
(a)
Establishment
The
Secretary of Defense shall establish areas to be known as Southern Sea
Otter Military Readiness Areas for national defense purposes. Such
areas shall include each of the following:
(1) The area that
includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the
adjacent and surrounding waters within the following coordinates:
N. Latitude/W. Longitude
33°27.8′/119°34.3′
33°20.5′/119°15.5′
33°13.5′/119°11.8′
33°06.5′/119°15.3′
33°02.8′/119°26.8′
33°08.8′/119°46.3′
33°17.2′/119°56.9′
33°30.9′/119°54.2′;
(2) That area that
includes Naval Base Coronado, San Clemente Island and the adjacent and
surrounding waters running parallel to shore to 3 nautical miles from the high
tide line designated by 33 CFR part 165 on May 20, 2010, as the San Clemente
Island 3NM Safety Zone.
(b)
Activities
within the southern sea otter military readiness areas
(1)
Incidental
takings under Endangered Species Act of 1973
Sections 4 and 9 of
the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not
apply with respect to the incidental taking of any southern sea otter in the
Southern Sea Otter Military Readiness Areas in the course of conducting a
military readiness activity.
(2)
Incidental
takings under Marine Mammal Protection Act of 1972
Sections 101
and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371,
1372) shall not apply with respect to the incidental taking of any southern sea
otter in the Southern Sea Otter Military Readiness Areas in the course of
conducting military readiness activities.
(3)
Treatment as
species proposed to be listed
For purposes of any military
readiness activity, any southern sea otter while within the Southern Sea Otter
Military Readiness Areas shall be treated for the purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a
species that is proposed to be listed as an endangered species or a threatened
species under section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533).
(c)
Removal
Nothing
in this section or any other Federal law shall be construed to require that any
southern sea otter located within the Southern Sea Otter Military Readiness
Areas as of the effective date of this section or thereafter be removed from
the Areas.
(d)
Revision or
termination of exceptions
The
Secretary of the Interior may revise or terminate the application of subsection
(b) if the Secretary, in consultation with the Secretary of the Navy,
determines that military activities authorized under subsection (b) are
impeding southern sea otter conservation or the return of southern sea otters
to optimum sustainable population levels.
(e)
Monitoring
(1)
In
general
The Secretary of the Navy shall conduct monitoring and
research within the Southern Sea Otter Military Readiness Areas to determine
the effects of military readiness activities on the growth or decline of the
sea otter population and on the near-shore eco-system. Monitoring and research
parameters and methods shall be determined in consultation with the
service.
(2)
Reports
Within
24 months after the effective date of this section and every three years
thereafter, the Secretary of the Navy shall report to Congress and the public
on monitoring undertaken pursuant to paragraph (1).
(f)
Definitions
In
this section:
(1)
Incidental
taking
The term incidental taking means any take
of a southern sea otter that is incidental to, and not the purpose of, the
carrying out of an otherwise lawful activity.
(2)
Optimum
sustainable population
The term optimum sustainable
population means, with respect to any population stock, the number of
animals that will result in the maximum productivity of the population or the
species, keeping in mind the carrying capacity of the habitat and the health of
the ecosystem of which they form a constituent element.
(3)
Southern sea
otter
The term southern sea otter means any member
of the subspecies Enhydra lutris nereis.
(4)
Take
The
term take—
(A) when used in
reference to activities subject to regulation by the Endangered Species Act of
1973 (16 U.S.C.
1531–1544) shall have the meaning given such term in that
statute; and
(B) when used in
reference to activities subject to regulation by the Marine Mammal Protection
Act of 1972 (16
U.S.C. 1361–1423h), shall have the meaning given such term in
that statute.
(5)
Military
readiness activity
The term
military readiness activity has the meaning given that term in
section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107–314; 116 Stat. 2509;
16 U.S.C.
703 note), and includes all training and operations of the
Armed Forces that relate to combat, and the adequate and realistic testing of
military equipment, vehicles, weapons, and sensors for proper operation and
suitability for combat
use.
.
(b)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by adding at the end the following:
7235. Establishment of the Southern Sea Otter Military
Readiness
Areas.
.
(c)
Conforming
Amendment
Section 1 of
Public Law
99–625 (16 U.S.C. 1536 note) is repealed.
C
Logistics and
Sustainment
321.
Littoral Combat Ship
Strategic Sustainment Plan
(a)
In
general
Not later than 120 days after the date of the enactment
of this Act, the Secretary of the Navy shall submit to the congressional
defense committees and to the Comptroller General of the United States a
strategic sustainment plan for the Littoral Combat Ship. Such plan shall
include each of the following:
(1) An estimate of the cost and schedule of
implementing the plan.
(2) An identification
of the requirements and planning for the long-term sustainment of the Littoral
Combat Ship and its mission modules in accordance with
section
2366b of title 10, United States Code, as amended by section
801 of the National Defense Authorization Act for Fiscal Year 2012
(Public Law
112–81; 125 Stat. 1482).
(3) A description of the current and future
operating environments of the Littoral Combat Ship, as specified or referred to
in strategic guidance and planning documents of the Department of
Defense.
(4) The facility,
supply, and logistics systems requirements of the Littoral Combat Ship when
forward deployed, and an estimate of the cost and personnel required to conduct
the necessary maintenance activities.
(5) Any required
updates to host-nation agreements to facilitate the forward-deployed
maintenance requirements of the Littoral Combat Ship, including a discussion of
overseas management of Ship ordnance and hazardous materials and delivery of
equipment and spare parts needed for emergent repair.
(6) An evaluation of
the forward-deployed maintenance requirements of the Littoral Combat Ship and a
schedule of pier-side maintenance timelines when forward-deployed, including
requirements for multiple ships and variants.
(7) An assessment of
the total quantity of equipment, spare parts, permanently forward-stationed
personnel, and size of fly away teams required to support forward-deployed
maintenance requirements for the U.S.S. Freedom while in Singapore, and
estimates for follow-on deployments of Littoral Combat Ships of both
variants.
(8) A
detailed description of the continuity of operations plans for the Littoral
Combat Ship Squadron and of any plans to increase the number of Squadron
personnel.
(9) An identification
of mission critical single point of failure equipment for which a sufficient
number spare parts are necessary to have on hand, and determination of Littoral
Combat Ship forward deployed equipment and spare parts locations and
levels.
(b)
Form
The
plan required under subsection (a) shall be submitted in unclassified form but
may have a classified annex.
322.
Review of
critical manufacturing capabilities within Army arsenals
(a)
Review
The Secretary of Defense, in consultation
with the Secretaries of the military departments and the directors of the
Defense Agencies, shall conduct a review of the current and expected
manufacturing requirements across the Department of Defense to identify
critical manufacturing competencies, supplies, components, end items, parts,
assemblies, and sub-assemblies for which no or a limited domestic commercial
source exists. In conducting the review under this section, the
Secretary—
(1) shall assess which
of the competencies for which no or a limited domestic commercial source exists
could be executed by an arsenal owned by the United States; and
(2) may review other
manufacturing capabilities, as the Secretary determines appropriate, to
determine if such capabilities could be executed by an arsenal owned by the
United States.
(b)
Congressional
briefing
Not later than 180 days after the date of the enactment
of this Act, the Secretary shall brief the congressional defense committees on
the results of the review conducted under subsection (a).
323.
Inclusion of
Army arsenals capabilities in solicitations
(a)
Determination of
use of arsenals
(1)
Solicitation of
information
When undertaking
a make-or-buy analysis, a Program Executive Officer or Program Manager of a
military service or Defense Agency shall solicit information from an arsenal
owned by the United States regarding the capability of the arsenal to fulfill a
manufacturing requirement.
(2)
Submittal of
material solution
Upon a determination, that an arsenal owned by
the United States is capable of fulfilling a manufacturing requirement, a
Program Executive Officer or Program Manager shall allow the arsenal to submit
a material solution in response to the requirement.
(b)
Notification of
solicitations
When issuing a
solicitation, a Program Executive Officer or Program Manager shall notify each
arsenal owned by the United States of any manufacturing requirement that the
arsenal has the capability to fulfill and allow the arsenal to submit a
proposal in response to the requirement.
324.
Assessment of
outreach for small business concerns owned and controlled by women and
minorities required before conversion of certain functions to contractor
performance
No Department of
Defense function that is performed by Department of Defense civilian employees
and is tied to a certain military base may be converted to performance by a
contractor until the Secretary of Defense conducts an assessment to determine
if the Department of Defense has carried out sufficient outreach programs to
assist small business concerns owned and controlled by women (as such term is
defined in section 8(d)(3)(D) of the Small Business Act) and small business
concerns owned and controlled by socially and economically disadvantaged
individuals (as such term is defined in section 8(d)(3)(C) of the Small
Business Act) that are located in the geographic area near the military
base.
D
Reports
331.
Additional reporting
requirements relating to personnel and unit readiness
(a)
Assessment of
assigned missions and contractor support
Section 482 of title 10, United
States Code, is amended—
(1) by redesignating
subsection (g) as subsection (j); and
(2) by inserting after
subsection (f) the following new subsections:
(g)
Combatant
command assigned mission assessments
(1) Each report shall also include an
assessment by each commander of a geographic or functional combatant command of
the ability of the command to successfully execute each of the assigned
missions of the command. Each such assessment for a combatant command shall
also include a list of the mission essential tasks for each assigned mission of
the command and an assessment of the ability of the command to successfully
complete each task within prescribed timeframes.
(2) For purposes of this subsection, the
term assigned mission means any contingency response program
plan, theater campaign plan, or named operation that is approved and assigned
by the Joint Chiefs of Staff.
(h)
Risk assessment
of dependence on contractor support
Each report shall also include an
assessment by the Chairman of the Joint Chiefs of Staff of the level of risk
incurred by using contract support in contingency operations as required under
Department of Defense Instruction 1100.22, Policies and Procedures for
Determining Workforce Mix.
(i)
Combat support
agencies assessment
(1) Each report shall also
include an assessment by the Secretary of Defense of the military readiness of
the combat support agencies, including, for each such agency—
(A) a determination with respect to the
responsiveness and readiness of the agency to support operating forces in the
event of a war or threat to national security, including—
(i) a list of mission essential tasks
and an assessment of the ability of the agency to successfully perform those
tasks;
(ii) an assessment of how the ability
of the agency to accomplish the tasks referred to in subparagraph (A) affects
the ability of the military departments and the unified and geographic
combatant commands to execute operations and contingency plans by
number;
(iii) any readiness deficiencies and
actions recommended to address such deficiencies; and
(iv) key indicators and other relevant
information related to any deficiency or other problem identified;
(B) any recommendations that the Secretary
considers appropriate.
(2) In this subsection, the term
combat support agency means any of the following Defense
Agencies:
(A) The Defense Information Systems
Agency.
(B) The Defense Intelligence
Agency.
(C) The Defense Logistics Agency.
(D) The National Geospatial-Intelligence Agency
(but only with respect to combat support functions that the agencies perform
for the Department of Defense).
(E) The Defense Contract Management
Agency.
(F) The Defense Threat Reduction
Agency.
(G) The National Reconnaissance
Office.
(H) The National Security Agency (but only with
respect to combat support functions that the agencies perform for the
Department of Defense) and Central Security Service.
(I) Any other Defense Agency designated as
a combat support agency by the Secretary of
Defense.
.
(b)
Conforming
amendment
Such section is
further amended in subsection (a), by striking and (f) and
inserting (f), (g), (h), and (i).
332.
Repeal of annual
Comptroller General report on Army progress
Section 323 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109–364; 120 Stat. 2146;
10 U.S.C.
229 note) is amended—
(1) by striking
subsection (d);
(2) by redesignating
subsections (e) and (f) as subsections (d) and (e), respectively; and
(3) in subsection (e),
as so redesignated, by striking or (d).
333.
Revision to
requirement for annual submission of information regarding information
technology capital assets
Section 351(a)(1) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law
107–314;
10 U.S.C.
221 note) is amended by striking in excess of
$30,000,000 and all that follows and inserting (as computed in
fiscal year 2000 constant dollars) in excess of $32,000,000 or an estimated
total cost for the future-years defense program for which the budget is
submitted (as computed in fiscal year 2000 constant dollars) in excess of
$378,000,000, for all expenditures, for all increments, regardless of the
appropriation and fund source, directly related to the assets definition,
design, development, deployment, sustainment, and disposal..
334.
Ordnance
related records review and reporting requirement for Vieques and Culebra
Islands, Puerto Rico
(a)
Identification
of military munitions and navy operational history
(1)
Records
review
The Secretary of Defense shall conduct a review of all
existing Department of Defense records to determine and describe the historical
use of military munitions and military training on the islands of Vieques and
Culebra, Puerto Rico, and in the nearby cays and waters. The review shall, to
the extent practicable and based on historical documents available, identify
the type of munitions, the quantity of munitions, and the location where such
munitions may have potentially been used or may be remaining on the islands of
Vieques and Culebra, Puerto Rico, and in the nearby cays or waters. The
historical review shall also determine the type of various military training
exercises that occurred on each island and in the nearby cays and
waters.
(2)
Cooperation and
consultation
The Secretary of Defense may request the assistance
of other Federal agencies and may consult the Governor of Puerto Rico as may be
deemed appropriate in conducting the review required by this subsection and in
preparing the report required by subsection (b).
(b)
Report
Not later than 450 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the Senate,
and shall make publicly available, a report detailing the findings and
determinations of the review required by subsection (a). The report shall be
organized to include the information detailed in subsection (a) in addition to
site history, site description, real estate ownership information, and any
other information about known military munitions and military training that
occurred historically on the islands of Vieques and Culebra, Puerto Rico, and
in the nearby cays and waters. The report shall include any information and
recommendations that the Secretary deems appropriate about the potential
hazards to the public associated with unexploded ordnance on the islands of
Vieques and Culebra, Puerto Rico, and in the nearby cays and waters.
(c)
Definitions
In
this section:
(1) The term
military munitions has the meaning given that term in
section
101(e)(4) of title 10, United States Code.
(2) The term unexploded ordnance
has the meaning given that term in
section
101(e)(5) of title 10, United States Code.
E
Limitations and
Extensions of Authority
341.
Limitation on
reduction of force structure at Lajes Air Force Base, Azores
The Secretary of the Air Force may not
reduce the force structure at Lajes Air Force Base, Azores, relative to the
force structure at such Air Force Base as of October 1, 2013, until 30 days
after the Secretary of Defense concludes the European Infrastructure
Consolidation Assessment initiated by the Secretary on January 25, 2013, and
briefs the congressional defense committees regarding such Assessment. Such
briefing shall include a specific assessment of the efficacy of Lajes Air Force
Base, Azores, in supporting the United Stated overseas force posture.
342.
Prohibition on
performance of Department of Defense flight demonstration teams outside the
United States
(a)
Prohibition
None of the funds authorized to be
appropriated or otherwise available to the Secretary of Defense for fiscal year
2014 or 2015 may be used for the performance of flight demonstration teams
under the jurisdiction of the Secretary at any location outside the United
States.
(b)
United
States
In this section, the
term United States means the several States of the United
States, the District of Columbia, and the commonwealths, territories, and
possessions of the United States.
F
Other
Matters
351.
Requirement to
establish policy on joint combat uniforms
(a)
Establishment of
policy
It is the policy of the United States that by not later
than October 1, 2018, the Secretary of Defense shall require all military
services to use a joint combat camouflage uniform, including color and pattern
variants designed for specific combat environments.
(b)
Prohibition
Except
as provided in subsection (c), each military service shall be prohibited from
adopting a new combat camouflage uniform, unless—
(1) the combat
camouflage utility uniform will be a joint uniform adopted by all military
services; or
(2) the military
services adopt a uniform currently in use by another military service.
(c)
Exceptions
Nothing
in subsection (b) shall be construed as—
(1) prohibiting the
development or fielding of combat and camouflage utility uniforms for use by
personnel assigned to or operating in support of the unified combatant command
for special operations forces described in
section
167 of title 10, United States Code;
(2) prohibiting the military services from
fielding ancillary uniform items, including headwear, footwear, or other such
items as determined by the Secretaries of the military departments; or
(3) prohibiting the
military services from issuing working or vehicle crew uniforms.
(d)
Guidance
required
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall issue guidance to implement this
section. At a minimum, such guidance shall—
(1) require the
Secretaries of the military departments to collaborate on the development of
joint criteria for the design, development, fielding, and characteristics of
combat camouflage uniforms;
(2) require the
Secretaries of the military departments to ensure that new combat and
camouflage utility uniforms meet the geographic and operational requirements of
the commanders of the combatant commands; and
(3) require the
Secretaries of the military departments to ensure that all new combat and
camouflage utility uniforms achieve interoperability with other components of
individual war fighter systems, including organizational clothing and
individual equipment such as body armor and other individual protective
systems.
(e)
Waiver
The
Secretary of Defense may waive the prohibition in subsection (b) if the
Secretary certifies to Congress that there are exceptional operational
circumstances that require the development or fielding of a new combat
camouflage uniform.
(f)
Repeal of
policy
Section 352 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111–84, 123 Stat. 2262;
10 U.S.C.
771 note prec.) is hereby repealed.
IV
Military
Personnel Authorizations
A
Active
Forces
401.
End strengths for
active forces
The Armed Forces
are authorized strengths for active duty personnel as of September 30, 2014, as
follows:
(1) The Army, 520,000.
(2) The Navy, 323,600.
(3) The Marine Corps, 190,200.
(4) The Air Force, 327,600.
402.
Revision in
permanent active duty end strength minimum levels
Section 691(b) of
title 10, United States Code, is amended by striking paragraphs (1) through (4)
and inserting the following new paragraphs:
(1) For the Army,
520,000.
(2) For the Navy,
323,600.
(3) For the Marine
Corps, 190,200.
(4) For the Air Force,
327,600.
.
B
Reserve
Forces
411.
End strengths for
Selected Reserve
(a)
In
general
The Armed Forces are authorized strengths for Selected
Reserve personnel of the reserve components as of September 30, 2014, as
follows:
(1) The Army National Guard of the United
States, 354,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 59,100.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United
States, 105,400.
(6) The Air Force Reserve, 70,400.
(7) The Coast Guard Reserve, 9,000.
(b)
End strength
reductions
The end strengths prescribed by subsection (a) for the
Selected Reserve of any reserve component shall be proportionately reduced
by—
(1) the total
authorized strength of units organized to serve as units of the Selected
Reserve of such component which are on active duty (other than for training) at
the end of the fiscal year; and
(2) the total number
of individual members not in units organized to serve as units of the Selected
Reserve of such component who are on active duty (other than for training or
for unsatisfactory participation in training) without their consent at the end
of the fiscal year.
(c)
End strength
increases
Whenever units or individual members of the Selected
Reserve of any reserve component are released from active duty during any
fiscal year, the end strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased proportionately by the
total authorized strengths of such units and by the total number of such
individual members.
412.
End strengths for
Reserves on active duty in support of the reserves
Within
the end strengths prescribed in section 411(a), the reserve components of the
Armed Forces are authorized, as of September 30, 2014, the following number of
Reserves to be serving on full-time active duty or full-time duty, in the case
of members of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United
States, 32,060.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,159.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United
States, 14,734.
(6) The Air Force Reserve, 2,911.
413.
End strengths for
military technicians (dual status)
The minimum number of military technicians
(dual status) as of the last day of fiscal year 2014 for the reserve components
of the Army and the Air Force (notwithstanding
section
129 of title 10, United States Code) shall be the
following:
(1) For the Army National Guard of the United
States, 27,210.
(2) For the Army Reserve, 8,395.
(3) For the Air National Guard of the United
States, 21,875.
(4) For the Air Force Reserve, 10,429.
414.
Fiscal year 2014
limitation on number of non-dual status technicians
(a)
Limitations
(1)
National
guard
Within the limitation provided in
section
10217(c)(2) of title 10, United States Code, the number of
non-dual status technicians employed by the National Guard as of September 30,
2014, may not exceed the following:
(A) For the Army
National Guard of the United States, 1,600.
(B) For the Air
National Guard of the United States, 350.
(2)
Army
reserve
The number of non-dual status technicians employed by the
Army Reserve as of September 30, 2014, may not exceed 595.
(3)
Air force
reserve
The number of non-dual status technicians employed by the
Air Force Reserve as of September 30, 2014, may not exceed 90.
(b)
Non-dual status
technicians defined
In this section, the term non-dual
status technician has the meaning given that term in
section
10217(a) of title 10, United States Code.
415.
Maximum number of
reserve personnel authorized to be on active duty for operational
support
During fiscal year
2014, the maximum number of members of the reserve components of the Armed
Forces who may be serving at any time on full-time operational support duty
under section
115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United
States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United
States, 16,000.
(6) The Air Force Reserve, 14,000.
C
Authorization of
Appropriations
421.
Military personnel
(a)
Authorization of
appropriations
Funds are
hereby authorized to be appropriated for fiscal year 2014 for the use of the
Armed Forces and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as specified in
the funding table in section 4401.
(b)
Construction of authorization
The authorization of appropriations in
subsection (a) supersedes any other authorization of appropriations (definite
or indefinite) for such purpose for fiscal year 2014.
V
Military Personnel
Policy
A
Officer Personnel
Policy Generally
501.
Limitations on
number of general and flag officers on active duty
(a)
Per-service
limitations; limited joint duty exclusions
Section 526 of title 10, United
States Code, as amended by section 502 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1387)
and section 501(a) of the National Defense Authorization Act for Fiscal Year
2013 (Public
Law 112–239; 126 Stat. 1714), is amended—
(1) in subsection
(a)—
(A) in paragraph (1),
by striking 231 and inserting 226
(B) in paragraph (2),
by striking 162 and inserting 157; and
(C) in paragraph (3),
by striking 198 and inserting 193; and
(2) in subsection
(b)—
(A) in paragraph (1),
by striking 310 and inserting 300; and
(B) in paragraph
(2)—
(i) in subparagraph
(A), by striking 85 and inserting 81;
(ii) in
subparagraph (B), by striking 61 and inserting
59;
(iii) in
subparagraph (C), by striking 73 and inserting
70; and
(iv) in
subparagraph (D), by striking 21 and inserting
20.
(b)
Effective
date
The amendments made by
this section shall take effect on October 1, 2014.
B
Reserve Component
Management
511.
Minimum notification
requirements for members of reserve components before deployment or
cancellation of deployment related to a contingency operation
Section 12301 of
title 10, United States Code, is amended—
(1) in subsection (e),
by striking The period and inserting Subject to
subsection (i), the period; and
(2) by adding at the
end the following new subsection:
(i)
(1) The Secretary concerned shall provide not
less than 120 days advance notice to a unit of the reserve components
that—
(A) will be ordered to active duty for
deployment in connection with a contingency operation; or
(B) having been notified of such a deployment,
has such deployment canceled, postponed, or otherwise altered.
(2) If a member of the reserve components
is not assigned to a unit organized to serve as a unit or is to be ordered to
active duty apart from the member’s unit, the required notice under paragraph
(1) shall be provided directly to the member.
(3) If the Secretary concerned fails to provide
timely notification as required by paragraph (1) or (2), the Secretary
concerned shall submit, within 30 days after the date of the failure, written
notification to the Committees on Armed Services of the House of
Representatives and the Senate explaining the reason for the failure and the
units and members of the reserve components
affected.
.
512.
Information to
be provided to boards considering officers for selective early removal from
reserve active-status list
(a)
Officers to be
considered; exclusions
Section 14704(a) of title 10,
United States Code, is amended—
(1) by inserting
(1) before Whenever ;
(2) by striking
all officers on that list and inserting officers on the
reserve active-status list;
(3) by striking
the reserve active-status list, in the number specified by the Secretary
by each grade and competitive category. and inserting that
list.; and
(4) by adding at the
end the following new paragraphs:
(2) Except as provided in paragraph (3), the
list of officers in a reserve component whose names are submitted to a board
under paragraph (1) shall include each officer on the reserve active-status
list for that reserve component in the same grade and competitive category
whose position on the reserve active-status list is between—
(A) that of the most junior officer in
that grade and competitive category whose name is submitted to the board;
and
(B) that of the most senior officer in
that grade and competitive category whose name is submitted to the
board.
(3) A list submitted to a board under
paragraph (1) may not include an officer who—
(A) has been approved for voluntary
retirement; or
(B) is to be involuntarily retired under
any provision of law during the fiscal year in which the board is convened or
during the following fiscal
year.
.
(b)
Specification of
number of officers who may be recommended for removal
Such
section is further amended—
(1) by redesignating
subsections (b) and (c) as subsections (c) and (d), respectively; and
(2) by inserting after
subsection (a) the following new subsection:
(b)
Specification of
number of officers who may be recommended for separation
The Secretary of the military department
concerned shall specify the number of officers described in subsection (a)(1)
that a board may recommend for separation under subsection
(c).
.
513.
Temporary
authority to maintain active status and inactive status lists of members in the
inactive National Guard
(a)
Authority to
maintain active and inactive status lists in the inactive national
guard
(1)
Active and
inactive status lists authorized
The Secretary of the Army and
the Secretary of the Air Force may maintain an active status list and an
inactive status list of members in the inactive Army National Guard and the
inactive Air National Guard, respectively.
(2)
Total number on
all lists at one time
The total number of members of the Army
National Guard and members of the Air National Guard on the active status lists
and the inactive status lists assigned to the inactive National Guard may not
exceed a total of 10,000 at any time.
(3)
Total number on
active status lists at one time
The total number of members of
the Army National Guard and members of the Air National Guard on the active
status lists of the inactive National Guard may not exceed 4,000 at any
time.
(4)
Condition of
implementation
Before the
authority provided by this subsection is used to establish an active status
list and an inactive status list of members in the inactive Army National Guard
or the inactive Air National Guard, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of Representatives and the Senate
a copy of the implementation guidance to be used to execute this authority.
(b)
Additional
enlisted member transfer authority
In addition to the transfer authority
provided by section
303(b) of title 32, United States Code, while an inactive
status list for the inactive National Guard exists—
(1) an enlisted member
of the active Army National Guard may be transferred to the inactive Army
National Guard without regard to whether the member was formerly enlisted in
the inactive Army National Guard; and
(2) an enlisted member
of the active Air National Guard may be transferred to the inactive Air
National Guard without regard to whether the member was formerly enlisted in
the inactive Air National Guard.
(c)
Removal of
restrictions on transfer of officers
While an inactive status list for the
inactive National Guard exists, nothing in
chapter
3 of title 32, United States Code, shall be construed to
prevent any of the following:
(1) An officer of the
Army National Guard who fills a vacancy in a federally recognized unit of the
Army National Guard from being transferred from the active Army National Guard
to the inactive Army National Guard.
(2) An officer of the
Air National Guard who fills a vacancy in a federally recognized unit of the
Air National Guard from being transferred from the active Air National Guard to
the inactive Air National Guard.
(3) An officer of the
Army National Guard transferred to the inactive Army National Guard from being
transferred from the inactive Army National Guard to the active Army National
Guard to fill a vacancy in a federally recognized unit.
(4) An officer of the
Air National Guard transferred to the inactive Air National Guard from being
transferred from the inactive Air National Guard to the active Air National
Guard to fill a vacancy in a federally recognized unit.
(d)
Status and
training categories for members in inactive status
While
an inactive status list for the inactive Army National Guard or inactive Air
National Guard exists—
(1) the first sentence of subsection (b) of
section
10141 of title 10, United States Code, shall apply only with
respect to members of the reserve components assigned to the inactive Army
National Guard or inactive Air National Guard who are assigned to such inactive
status list; and
(2) the exclusion of the Army National Guard of
the United States or Air National Guard of the United States under the first
sentence of subsection (c) of such section shall not apply.
(e)
Eligibility for
inactive-duty training pay
While an inactive status list for the
inactive National Guard exists, the limitation on pay for inactive-duty
training contained in section 206(c) of title 37, United
States Code, shall apply only to persons assigned to the inactive status list
of the inactive National Guard, rather than to all persons enlisted in the
inactive National Guard.
(f)
Conforming
amendments
(1)
Modification of
active status definition
Section 101(d)(4) of title 10,
United States Code, is amended by adding at the end the following new sentence:
However, while an inactive status list for the inactive Army National
Guard or inactive Air National Guard exists, such term means the status of a
member of the Army National Guard of the United States or Air National Guard of
the United States who is not assigned to the inactive status list of the
inactive Army National Guard or inactive Air National Guard, on another
inactive status list, or in the Retired Reserve..
(2)
Computation of
years of service for entitlement to retired pay
Paragraph (3) of
section 12732(b) of such title is amended to read as follows:
(3) Service in the
inactive National Guard (for any period other than a period in which an
inactive status list for the inactive National Guard exists) and service while
assigned to the inactive status list of the inactive National Guard (for any
period in which an inactive status list for the inactive National Guard
exists).
.
(g)
Evaluation of
use of authority
(1)
Independent
study required
Before the end
of the period specified in subsection (h), the Secretary of Defense shall
commission an independent study to evaluate the effectiveness of using an
active status list for the inactive National Guard to improve the readiness of
the Army National Guard and the Air National Guard.
(2)
Elements
As part of the study required by this
subsection, the entity conducting the study shall determine, for each year in
which the temporary authority provided by subsection (a) is used—
(A) how many members of the Army National Guard
and the Air National Guard were transferred to the active status list of the
inactive National Guard;
(B) how many of these vacancies were
filled with personnel new to the Army National Guard;
(C) the additional cost of filling
these positions; and
(D) the impact on drill and annual
training participation rates.
(3)
Additional
consideration
The study
required by this subsection also shall include an assessment of the impact of
the use of the temporary authority provided by subsection (a) on medical
readiness category 3B personnel transferred to the active status inactive
National Guard, including—
(A) how long it took
them to complete the Integrated Disability Evaluation System (IDES) process;
and
(B) how satisfied they
were with their unit’s management and collaboration during the IDES
process.
(4)
Submission of
results
Not later than 180
days after completion of the study required by this subsection, the Secretary
of Defense shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing the results of the
study.
(h)
Duration of
authority
The authority
provided by subsection (a) for the maintenance of both an active status list
and inactive status list of members in the inactive National Guard exists only
during the period beginning on October 1, 2013, and ending on December 31,
2018.
514.
Review of
requirements and authorizations for reserve component general and flag officers
in an active status
(a)
Review
required
The Secretary of
Defense shall conduct a review of the general officer and flag officer
requirements for members of the reserve component in an active status.
(b)
Purpose of
review
The purpose of the
review is to ensure that the authorized strengths provided in
section
12004 of title 10, United States Code, for reserve general
officers and reserve flag officers in an active status—
(1) are based on an
objective requirements process and are sufficient for the effective management,
leadership, and administration of the reserve components;
(2) provide a
qualified, sufficient pool from which reserve component general and flag
officers can continue to be assigned on active duty in joint duty and
in-service military positions;
(3) reflect a review of the appropriateness and
number of exemptions provided by subsections (b), (c), and (d) of
section
12004 of title 10, United States Code;
(4) reflect the efficiencies that can be
achieved through downgrading or elimination of reserve component general or
flag officer positions, including through the conversion of certain reserve
component general or flag officer positions to senior civilian positions;
and
(5) are subjected to
periodic review, control, and adjustment.
(c)
Report
Not later than 18 months after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of Representatives a
report containing the results of the review, including such recommendations for
changes in law and policy related to authorized reserve general and flag
officers strengths as the Secretary considers to be appropriate.
515.
Feasability
study on establishing a unit of the National Guard in American Samoa and in the
Commonwealth of the Northern Mariana Islands
(a)
Study
required
The Secretary of
Defense shall conduct a study to determine the feasibility of
establishing—
(1) a
unit of the National Guard in American Samoa; and
(2) a
unit of the National Guard in the Commonwealth of the Northern Mariana
Islands.
(b)
Force structure
elements of study
In conducting the study required under
subsection (a), the Secretary of Defense shall consider the following:
(1) The allocation of National Guard force
structure and manpower to American Samoa and the Commonwealth of the Northern
Mariana Islands in the event of the establishment of a unit of the National
Guard in American Samoa and in the Commonwealth of the Northern Mariana
Islands, and the impact of this allocation on existing National Guard units in
the 50 states, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
the District of Columbia.
(2) The Federal funding that would be required
to support pay, benefits, training operations, and missions of members of a
unit of the National Guard in American Samoa and the Commonwealth of the
Northern Mariana Islands, based on the allocation derived from paragraph (1),
and the equipment, including maintenance, required to support such force
structure.
(3) The presence of existing infrastructure to
support a unit of the National Guard in American Samoa and the Commonwealth of
the Northern Mariana Islands, and the requirement for additional
infrastructure, including information technology infrastructure, to support
such force structure, based on the allocation derived from paragraph
(1).
(4) How a unit of the National Guard in
American Samoa and the Commonwealth of the Northern Mariana Island would
accommodate the National Guard Bureau’s Essential Ten homeland
defense capabilities (i.e., aviation, engineering, civil support teams,
security, medical, transportation, maintenance, logistics, joint force
headquarters, and communications) and reflect regional needs.
(5) The manpower cadre, both military personnel
and full-time support, including National Guard technicians, required to
establish, maintain, and sustain a unit of the National Guard in American Samoa
and the Commonwealth of the Northern Mariana Islands, and the ability of
American Samoa and of the Commonwealth of the Northern Mariana Islands to
support demographically a unit of the National Guard at each location.
(6) The ability of a unit of the National Guard
in American Samoa and the Commonwealth of the Northern Mariana Islands to
maintain unit readiness and the logistical challenges associated with
transportation, communications, supply/resupply, and training operations and
missions.
(c)
Submission of
results
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional defense
committees a report containing the results of the study conducted under
subsection (a). The report shall also include the following:
(1) A determination of whether the executive
branch of American Samoa and of the Commonwealth of the Northern Mariana
Islands has enacted and implemented statutory authorization for an organized
militia as a prerequisite for establishing a unit of the National Guard, and a
description of any other steps that such executive branches must take to
request and carry out the establishment of a National Guard unit.
(2) A
list of any amendments to titles 10, 32, and 37, United States Code, that would
have to be enacted by Congress to provide for the establishment of a unit of
the National Guard in American Samoa and in the Commonwealth of the Northern
Mariana Islands.
(3) A description of any required Department of
Defense actions to establish a unit of the National Guard in American Samoa and
in the Commonwealth of the Northern Mariana Islands.
(4) A
suggested timeline for completion of the steps and actions described in the
preceding paragraphs.
516.
Designation of
State student cadet corps as Department of Defense youth
organizations
Section 508(d) of
title 32, United States Code, is amended—
(1) by redesignating
paragraph (14) as paragraph (15); and
(2) by inserting after
paragraph (13) the following new paragraph (14):
(14) Any State student cadet corps authorized
under State
law.
.
C
General Service
Authorities
521.
Review of Integrated
Disability Evaluation System
(a)
Review
The Secretary of Defense shall conduct a
review of—
(1) the backlog of
pending cases in the Integrated Disability Evaluation System with respect to
members of the reserve components of the Armed Forces for the purpose of
addressing the matters specified in paragraph (1) of subsection (b); and
(2) the improvements to the Integrated
Disability Evaluation System specified in paragraph (2) of such
subsection.
(b)
Report
Not
later than 180 days after the date of the enactment of this Act, the Secretary
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the review under subsection (a).
Such report shall include the following:
(1) With respect to the reserve components of
the Armed Forces—
(A) the number of
pending cases that exist as of the date of the report, listed by military
department, component, and, with respect to the National Guard, State;
(B) as of the date of the report, the average
time it takes to process a case in the Integrated Disability Evaluation
System;
(C) a description of the steps the Secretary
will take to resolve the backlog of cases in the Integrated Disability
Evaluation System; and
(D) the date by which the Secretary plans to
resolve such backlog for each military department.
(2) With respect to the regular components and
reserve components of the Armed Forces—
(A) a description of
the progress being made to transition the Integrated Disability Evaluation
System to an integrated and readily accessible electronic format that a member
of the Armed Forces may access and see the status of the member during each
phase of the system;
(B) an estimate of the cost to complete the
transition to an integrated and readily accessible electronic format;
and
(C) an assessment of the feasibility of
improving in-transit visibility of pending cases, including by establishing a
method of tracking a pending case when a military treatment facility is
assigned a packet and pending case for action regarding a member.
(c)
Pending case
defined
In this section, the
term pending case means a case involving a member of the Armed
Forces who, as of the date of the review under subsection (a), is within the
Integrated Disability Evaluation System and has been referred to a medical
evaluation board.
522.
Compliance
requirements for organizational climate assessments
(a)
Verification and
tracking requirements
The
Secretary of Defense shall direct the Secretaries of the military departments
to verify and track the compliance of commanding officers in conducting
organizational climate assessments required as part of the comprehensive policy
for the Department of Defense sexual assault prevention and response program
pursuant to section 572(a)(3) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112–239; 126 Stat.
1753).
(b)
Implementation
No later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a report
containing—
(1) a
description of the progress of the development of the system that will verify
and track the compliance of commanding officers in conducting organizational
climate assessments; and
(2) an estimate of
when the system will be completed and implemented.
523.
Command
responsibility and accountability for remains of members of the Army, Navy, Air
Force, and Marine Corps who die outside the United States
Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall take such steps as may be
necessary to ensure that there is continuous, designated military command
responsibility and accountability for the care, handling, and transportation of
the remains of each deceased member of the Army, Navy, Air Force, or Marine
Corps who died outside the United States, beginning with the initial recovery
of the remains, through the defense mortuary system, until the interment of the
remains or the remains are otherwise accepted by the person designated as
provided by section
1482(c) of title 10, United States Code, to direct disposition
of the remains.
524.
Contents of
Transition Assistance Program
(a)
In
general
Section 1144 of
title 10, United States Code, is amended—
(1) in subsection (b),
by adding at the end the following new paragraph:
(9) Provide information about
disability-related employment and education
protections.
.
(2) by redesignating
subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively;
and
(3) by inserting after
subsection (b) the following new subsection (c):
(c)
Additional
elements of program
The mandatory program carried out by this
section shall include—
(1) for any such
member who plans to use the member’s entitlement to educational assistance
under title 38—
(A) instruction
providing an overview of the use of such entitlement; and
(B) courses of
post-secondary education appropriate for the member, courses of post-secondary
education compatible with the member’s education goals, and instruction on how
to finance the member’s post-secondary education; and
(2) instruction in the
benefits under laws administered by the Secretary of Veterans Affairs and in
other subjects determined by the Secretary
concerned.
.
(b)
Deadline for
implementation
The program carried out under
section
1144 of title 10, United States Code, shall comply with the
requirements of subsections (b)(9) and (c) of such section, as added by
subsection (a), by not later than April 1, 2015.
(c)
Feasibility
study
Not later than 270 days
after the date of the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans’ Affairs and the Committee on Armed
Services of the Senate and the Committee on Veterans’ Affairs and the Committee
on Armed Services of the House of Representatives the results of a study
carried out by the Secretary to determine the feasibility of providing the
instruction described in subsection (b) of
section
1142 of title 10, United States Code, at all overseas locations
where such instruction is provided by entering into a contract jointly with the
Secretary of Labor for the provision of such instruction.
525.
Procedures for
judicial review of military personnel decisions relating to correction of
military records
(a)
Availability of
Judicial review; limitations
(1)
In
general
Chapter
79 of title 10, United States Code, is amended by adding at the
end the following new section:
1560.
Judicial
review of decisions relating to correction of military records
(a)
Availability of
judicial review
(1)
In
general
Pursuant to sections
1346
and 1491 of title 28 and
chapter
7 of title 5 any person adversely affected by a records
correction final decision may obtain judicial review of the decision in a court
with jurisdiction to hear the matter.
(2)
Records
correction final decision defined
In this section, the term records
correction final decision means any of the following decisions:
(A) A final decision
issued by the Secretary concerned pursuant to section 1552 of this
title.
(B) A final decision
issued by the Secretary concerned pursuant to section 1034(f) of this
title.
(C) A final decision
issued by the Secretary of Defense pursuant to section 1034(g) of this
title.
(b)
Exhaustion of
administrative remedies
(1)
General
rule
Except as provided in
paragraphs (3) and (4), judicial review of a matter that could be subject to
correction under a provision of law specified in subsection (a)(2) may not be
obtained under this section or any other provision of law unless—
(A) the petitioner has
requested a correction under section 1552 of this title (including such a
request in a matter arising under section 1034 of this title); and
(B) the Secretary
concerned has rendered a final decision denying that correction in whole or in
part.
(2)
Whistleblower
cases
When the final decision of the Secretary concerned is
subject to review by the Secretary of Defense under section 1034(g) of this
title, the petitioner is not required to seek such review before obtaining
judicial review, but if the petitioner does seek such review, judicial review
may not be sought until the earlier of the following occurs:
(A) The Secretary of
Defense makes a decision in the matter.
(B) The period
specified in section 1034(g) of this title for the Secretary to make a decision
in the matter expires.
(3)
Class
actions
If judicial review of
a records correction final decision is sought, and the petitioner for such
judicial review also seeks to bring a class action with respect to a matter for
which the petitioner requested a correction under section 1552 of this title
(including such a request in a matter arising under section 1034 of this title)
and the court issues an order certifying a class in the case, paragraphs (1)
and (2) do not apply to any member of the certified class (other than the
petitioner) with respect to any matter covered by a claim for which the class
is certified.
(4)
Timeliness
Paragraph (1) shall not apply if the
records correction final decision of the Secretary concerned is not issued by
the date that is 18 months after the date on which the petitioner requests a
correction.
(c)
Statutes of
limitation
(1)
Six years from
final decision
A records
correction final decision (other than in a matter to which paragraph (2)
applies) is not subject to judicial review under this section or otherwise
subject to review in any court unless petition for such review is filed in a
court not later than six years after the date of the records correction final
decision.
(2)
Six years for
certain claims that may result in payment of money
(A) In a case of a records correction final
decision described in subparagraph (B), the records correction final decision
(or the portion of such decision described in such subparagraph) is not subject
to judicial review under this section or otherwise subject to review in any
court unless petition for such review is filed in a court before the end of the
six-year period that began on the date of discharge, retirement, release from
active duty, or death while on active duty, of the person whose military
records are the subject of the correction request. Such six-year period does
not include any time between the date of the filing of the request for
correction of military records leading to the records correction final decision
and the date of the final decision.
(B) Subparagraph (A) applies to a records
correction final decision or portion of the decision that involves a denial of
a claim that, if relief were to be granted by the court, would support, or
result in, the payment of money, other than payments made under chapter 73 of
this title, either under a court order or under a subsequent administrative
determination.
(d)
Habeas
corpus
This section does not affect any cause of action arising
under chapter 153 of title
28.
.
(2)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
1560. Judicial review of
decisions.
.
(b)
Effect of denial
of request for correction of records when prohibited personnel action
alleged
(1)
Notice of
denial; procedures for judicial review
Subsection (f) of section 1034 of such
title is amended by adding at the end the following new paragraph:
(7) In any case in which the final decision of
the Secretary concerned results in denial, in whole or in part, of any
requested correction of the record of the member or former member, the
Secretary concerned shall provide the member or former member—
(A) a concise written statement of the
basis for the decision; and
(B) a
notification of the availability of judicial review of the decision pursuant to
section 1560 of this title and the time period for obtaining such review in
accordance with the applicable statute of
limitations.
.
(2)
Secretary of
defense review; notice of denial
Subsection (g) of such section
is amended—
(A) by inserting
(1) before Upon the completion of all; and
(B) by adding at the
end the following new paragraph:
(2) The submittal of a matter to the Secretary
of Defense by the member or former member under paragraph (1) must be made
within 90 days of the receipt by the member or former member of the final
decision of the Secretary of the military department concerned in the matter.
In any case in which the final decision of the Secretary of Defense results in
denial, in whole or in part, of any requested correction of the record of the
member or former member, the Secretary of Defense shall provide the member or
former member—
(A) a concise written statement of the
basis for the decision; and
(B) a
notification of the availability of judicial review of the decision pursuant to
section 1560 of this title and the time period for obtaining such review in
accordance with the applicable statute of
limitations.
.
(3)
Sole basis for
judicial review
Such section is further amended—
(A) by redesignating
subsections (h) and (i) as subsections (i) and (j), respectively; and
(B) by inserting after
subsection (g) the following new subsection (h):
(h)
Judicial
review
(1) A decision of the Secretary of Defense
under subsection (g) shall be subject to judicial review only as provided in
section 1560 of this title.
(2) In a case in which review by the
Secretary of Defense under subsection (g) was not sought, a decision of the
Secretary of a military department under subsection (f) shall be subject to
judicial review only as provided in section 1560 of this title.
(3) A decision by the Secretary of
Homeland Security under subsection (f) shall be subject to judicial review only
as provided in section 1560 of this
title.
.
(c)
Effect of denial
of other requests for correction of military records
Section 1552
of such title is amended by adding at the end the following new
subsections:
(h) In any case in which the final decision of
the Secretary concerned results in denial, in whole or in part, of any
requested correction, the Secretary concerned shall provide the
claimant—
(1) a concise written
statement of the basis for the decision; and
(2) a notification of the availability of
judicial review of the decision pursuant to section 1560 of this title and the
time period for obtaining such review in accordance with the applicable statute
of limitations.
(i) A decision by the
Secretary concerned under this section shall be subject to judicial review only
as provided in section 1560 of this
title.
.
(d)
Effective date
and application
(1)
In
general
The amendments made
by this section shall take effect on January 1, 2015, and shall apply to all
final decisions of the Secretary of Defense under
section
1034(g) of title 10, United States Code, and of the Secretary
of a military department and the Secretary of Homeland Security under sections
1034(f) or 1552 of such title rendered on or after such date.
(2)
Treatment of
existing cases
This section and the amendments made by this
section do not affect the authority of any court to exercise jurisdiction over
any case that was properly before the court before the effective date specified
in paragraph (1).
(e)
Implementation
The Secretary of a military department and
the Secretary of Homeland Security (in the case of the Coast Guard when it is
not operating as a service in the Department of the Navy) may prescribe
regulations, and interim guidance before prescribing such regulations, to
implement the amendments made by this section. Regulations or interim guidance
prescribed by the Secretary of a military department may not take effect until
approved by the Secretary of Defense.
526.
Establishment and
use of consistent definition of gender-neutral occupational standard for
military career designators
(a)
Establishment of
definitions
Section 543 of
the National Defense Authorization Act for Fiscal Year 1994 (Public Law
103–160;
10 U.S.C.
113 note) is amended by adding at the end the following new
subsection:
(d)
Definitions
In this section:
(1)
Gender-neutral
occupational standard
The
term gender-neutral occupational standard, with respect to a
military career designator, means that all members of the Armed Forces serving
in or assigned to the military career designator must meet the same physical
and performance outcome-based standards for the successful accomplishment of
the necessary and required specific tasks associated with the qualifications
and duties performed while serving in or assigned to the military career
designator.
(2)
Military career
designator
The term military career designator
refers to—
(A) in the case of
enlisted members and warrant officers of the Armed Forces, military
occupational specialties, specialty codes, enlisted designators, enlisted
classification codes, additional skill identifiers, and special qualification
identifiers; and
(B) in the case of commissioned officers (other
than commissioned warrant officers), officer areas of concentration,
occupational specialties, specialty codes, additional skill identifiers, and
special qualification
identifiers.
.
(b)
Use of
definitions
Such section is
further amended—
(1) in subsection
(a)—
(A) in the matter
preceding paragraph (1), by striking military occupational career
field and inserting military career designator;
and
(B) in paragraph (1),
by striking common, relevant performance standards and inserting
an occupational standard;
(2) in subsection (b)—
(A) in paragraph
(1)—
(i) by
striking any military occupational specialty and inserting
any military career designator; and
(ii) by
striking requirements for members in that specialty and shall ensure (in
the case of an occupational specialty and inserting requirements
as part of the gender-neutral occupational standard for members in that career
designator and shall ensure (in the case of a career designator;
and
(B) in paragraph
(2)—
(i) by
striking an occupational specialty and inserting a
military career designator;
(ii) by striking that occupational
specialty and inserting that military career designator;
and
(iii) by striking that specialty
and inserting that military career designator; and
(3) in subsection
(c)—
(A) by striking
the occupational standards for a military occupational field and
inserting the gender-neutral occupational standard for a military career
designator; and
(B) by striking
that occupational field and inserting that military
career designator.
527.
Expansion and
enhancement of authorities relating to protected communications of members of
the Armed Forces and prohibited retaliatory actions
(a)
Expansion of
prohibited retaliatory personnel actions
Subsection (b) of
section
1034 of title 10, United States Code, is amended—
(1) in paragraph
(1)(B)—
(A) by striking
or at the end of clause (iv);
(B) by redesignating
clause (v) as clause (vi); and
(C) by inserting after
clause (iv) the following new clause (v):
(v) a court-martial proceeding;
or
; and
(2) in paragraph (2),
by inserting after any favorable action the following: ,
or a significant change in a member's duties, responsibilities, or working
conditions.
(b)
Inspector
General investigations of allegations
Subsection (c) of such
section is amended—
(1) in paragraph (1),
by striking paragraph (3) and inserting paragraph
(4);
(2) in paragraph (2),
by striking subparagraph (A) and inserting the following new subparagraph
(A):
(A) Any violation of any law, rule, or
regulation, including a law or regulation prohibiting rape, sexual assault, or
other sexual misconduct in sections 920 through 920c of this title (articles
120 through 120c of the Uniform Code of Military Justice), sexual harassment or
unlawful
discrimination.
;
(3) by redesignating
paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6),
respectively;
(4) by inserting after
paragraph (2) the following new paragraph (3):
(3) A communication described in
paragraph (2) shall not be excluded from the protections provided in this
section because—
(A) the communication was made to a person
who participated in an activity that the member reasonably believed to be
covered by paragraph (2);
(B) the communication revealed information
that had previously been communicated;
(C) of the member’s motive for making the
communication;
(D) the communication was not made in
writing;
(E) the communication was made while the
member was off duty;
(F) the communication was made during the
normal course of duties of the
member.
;
(5) in subparagraph
(D) of paragraph (4), as redesignated by paragraph (3) of this subsection, by
inserting before the period at the end of the second sentence the following:
, with the consent of the member;
(6) in paragraph (5),
as so redesignated—
(A) by striking
paragraph (3)(A) and inserting paragraph
(4)(A);
(B) by striking
paragraph (3)(D) and inserting paragraph (4)(D);
and
(C) by striking
60 days and inserting one year.
(c)
Inspector
General investigations of underlying allegations
Subsection (d)
of such section is amended by striking subparagraph (A) or (B) of
subsection (c)(2) and inserting subparagraph (A), (B), or (C) of
subsection (c)(2).
(d)
Reports on
investigations
Subsection (e) of such section is amended—
(1) in paragraph
(1)—
(A) by striking
subsection (c)(3)(E) both places it appears and inserting
subsection (c)(4)(E);
(B) by striking
the Secretary of Defense and inserting the Secretary of
the military department concerned;
(C) by striking
to the Secretary, and inserting to such
Secretary,;
(2) in paragraph (3),
by striking the Secretary of Defense and inserting the
Secretary of the military department concerned;
(3) in paragraph (4),
by striking the second sentence and inserting the following new sentence:
The report shall include an explicit determination as to whether a
personnel action prohibited by subsection (b) has occurred and a recommendation
as to the disposition of the complaint, including appropriate corrective action
for the member..
(e)
Action in case
of violations
Section 1034 of title 10, United
States Code, is further amended—
(1) by redesignating
subsections (i) and (j), as redesignated by section 525(b) of this Act, as
subsections (k) and (l), respectively; and
(2) by inserting after
subsection (h), as added by section 525(b), the following new
subsection:
(i)
Action in case
of violations
(1) If an Inspector General
reports under subsection (e) that a personnel action prohibited by subsection
(b) has occurred, not later than 30 days after receiving such report from the
Inspector General, the Secretary of Homeland Security or the Secretary of the
military department concerned, as applicable, shall order such action as is
necessary to correct the record of a personnel action prohibited by subsection
(b), taking into account the recommendations in the report by the Inspector
General. Such Secretary shall take any appropriate disciplinary action against
the individual who committed such prohibited personnel action.
(2) If the Secretary of Homeland Security
or the Secretary of the military department concerned, as applicable,
determines that an order for corrective or disciplinary action is not
appropriate, not later than 30 days after making the determination, such
Secretary shall—
(A) provide to the Secretary of Defense,
the Committees on Armed Services of the Senate and the House of
Representatives, and the member or former member, a notice of the determination
and the reasons for not taking action; and
(B) refer the report to the appropriate
board for the correction of military records for further review under
subsection
(g).
.
(f)
Correction of
records
Subsection (f) of such section is amended—
(1) in paragraph
(2)(C), by striking may and inserting upon the request of
the member or former member, after an initial determination that a complaint is
not frivolous and has not previously been addressed by the board,
shall; and
(2) in paragraph
(3)—
(A) in the matter
preceding subparagraph (A), by striking board elects to hold and
inserting board holds; and
(B) in subparagraph
(A)—
(i) by
striking may be provided and inserting shall be
provided; and
(ii) in
clause (ii), by striking the case is unusually complex or otherwise
requires and inserting the member or former member would benefit
from.
(g)
Burdens of
proof
Such section is further amended by inserting after
subsection (i), as added by subsection (e) of this section, the following new
subsection:
(j)
Burdens of
proof
The burdens of proof specified in
section
1221(e) of title 5 shall apply in any investigation conducted
by an Inspector General, and any review conducted by the Secretary of Defense,
the Secretary of Homeland Security, and any board for the correction of
military records, under this
section.
.
(h)
Effective
date
The amendments made by this section shall take effect on the
date that is 30 days after the date of the enactment of this Act, and shall
apply with respect to allegations pending or submitted under
section
1034 of title 10, United States Code, on or after that
date.
528.
Applicability
of medical examination requirement regarding post-traumatic stress disorder or
traumatic brain injury to proceedings under the Uniform Code of Military
Justice
Section 1177 of
title 10, United States Code, is amended by striking subsection (c).
529.
Protection of
the religious freedom of military chaplains to close a prayer outside of a
religious service according to the traditions, expressions, and religious
exercises of the endorsing faith group
(a)
United states
army
Section 3547 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
(c) If called upon to
lead a prayer outside of a religious service, a chaplain shall have the
prerogative to close the prayer according to the traditions, expressions, and
religious exercises of the endorsing faith
group.
.
(b)
United states
military academy
Section 4337 of such title is amended—
(1) by inserting
(a) before There; and
(2) by adding at the
end the following new subsection:
(b) If called upon to
lead a prayer outside of a religious service, the Chaplain shall have the
prerogative to close the prayer according to the traditions, expressions, and
religious exercises of the endorsing faith
group.
.
(c)
United states
navy and marine corps
Section 6031 of such title is amended by
adding at the end the following new subsection:
(d) If called upon to
lead a prayer outside of a religious service, a chaplain shall have the
prerogative to close the prayer according to the traditions, expressions, and
religious exercises of the endorsing faith
group.
.
(d)
United states
air force
Section 8547 of such title is amended by adding at the
end the following new subsection:
(c) If called upon to
lead a prayer outside of a religious service, a chaplain shall have the
prerogative to close the prayer according to the traditions, expressions, and
religious exercises of the endorsing faith
group.
.
(e)
United states
air force academy
Section 9337 of such title is amended—
(1) by inserting
(a) before There; and
(2) by adding at the
end the following new subsection:
(b) If called upon to
lead a prayer outside of a religious service, the Chaplain shall have the
prerogative to close the prayer according to the traditions, expressions, and
religious exercises of the endorsing faith
group.
.
530.
Expansion and
implementation of protection of rights of conscience of members of the Armed
Forces and chaplains of such members
(a)
Accommodation of
members’ beliefs, actions, and speech
Subsection (a)(1) of section 533 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1727; 10 U.S.C. prec. 1030 note) is
amended—
(1) by striking
The Armed Forces shall accommodate the beliefs and inserting
Except in cases of military necessity, the Armed Forces shall
accommodate the beliefs, actions, and speech; and
(2) by inserting , actions, or
speech after such beliefs.
(b)
Narrow
exception
Subsection (a)(2) of such section is amended by
striking that threaten and inserting that actually
harm.
(c)
Deadline for
regulations; consultation
The
implementation regulations required by subsection (c) of such section shall be
issued not later than 120 days after the date of the enactment of this Act. In
preparing such regulations, the Secretary of Defense shall consult with the
official military faith-group representatives who endorse military
chaplains.
530A.
Servicemembers’
Accountability, Rights, and Responsibilities Training
(a)
Responsibilities
of Secretary of Defense
(1)
In
general
The Secretary of
Defense, acting through the Secretaries of the military departments, shall
ensure that all members of the Armed Forces understand and comply with the
rights and responsibilities specified in subsections (b) and (c).
(2)
Implementation
The
Secretary of Defense shall have discretion regarding the manner in which this
information will be disseminated to members, except that, at a minimum, the
Secretary shall require acknowledgment of these rights and responsibilities by
a member at these occurrences during the military service of the member:
(A) Recruitment.
(B) Enlistment and
reenlistment.
(C) Commissioning.
(D) Promotion in
rank.
(E) Selection for
command.
(b)
Member
rights
Each member of the
Armed Forces has the following rights:
(1) To a workplace and
battlespace free from the threat of sexual violence, including harassment,
abuse, assault, and rape.
(2) To have every
instance of illegal activity appropriately investigated. Law enforcement
agencies will investigate every allegation of criminal behavior, and commanders
will respond appropriately to every report of wrongdoing.
(3) To make a restricted or unrestricted report
of a sex-based criminal act. Victims will have access to vital services whether
they pursue an investigation or not.
(4) To use any and all reporting and
prosecution avenues to pursue an allegation of sexual assault.
(5) To not face
retaliation for reporting a criminal offense or harmful behavior.
(c)
Member
responsibilities
Each member of the Armed Forces has the
following responsibilities:
(1) To responsibly
intervene in any situation that involves the presence or threat of criminal
behavior.
(2) To never leave
another member behind in a situation of risk to self or others, on the
battlefield or anywhere else.
(3) To immediately
report observation or knowledge of criminal behavior to appropriate
officials.
530B.
Inspector
General of the Department of Defense review of separation of members of the
Armed Forces who made unrestricted reports of sexual assault
(a)
Review
required
The Inspector
General of the Department of Defense shall conduct a review—
(1) to identify all members of the Armed Forces
who, since January 1, 2002, were separated from the Armed Forces after making
an unrestricted report of sexual assault;
(2) to determine the circumstances of and
grounds for each such separation, including—
(A) whether the
separation was in retaliation for or influenced by the identified member making
an unrestricted report of sexual assault; and
(B) whether the
identified member requested an appeal; and
(3) if an identified member was separated on
the grounds of having a personality or adjustment disorder, to determine
whether the separation was carried out in compliance with Department of Defense
Instruction 1332.14 and any other applicable Department of Defense regulations,
directives, and policies.
(b)
Submission of
results and recommendations
Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the Department of Defense
shall submit to the Committees on Armed Services of the Senate and the House of
Representatives the results of the review conducted under subsection (a),
including such recommendations as the Inspector General of the Department of
Defense considers necessary.
530C.
Report on data
and information collected in connection with Department of Defense review of
laws, policies, and regulations restricting service of female members of the
Armed Forces
(a)
Report
required
Not later than 30
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the House of
Representatives a report containing the specific results and data produced
during the research programs, tests, surveys, consultant reports, assessments,
and similar projects conducted to comply with the requirement of section 535 of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law
111–383; 124 Stat. 4217) to review laws, policies, and
regulations that may restrict the service of female members of the Armed
Forces.
(b)
Public
availability
Subject to
subsection (c), the Secretary of Defense shall make the report required by
subsection (a) publically available.
(c)
Rule of
construction
Nothing in this
section shall be construed as a request or authority for the Secretary of
Defense to provide in the report required by subsection (a) any personal
information that would identify, or violate the privacy of, members of the
Armed Forces, including members who participated in the research programs,
tests, surveys, reports, assessments, and similar projects conducted regarding
the possible future assignments of female members of the Armed Forces.
530D.
Sense of
Congress regarding the Women in Service Implementation Plan
(a)
Findings
Congress makes the following
findings:
(1) In February 2012, the Secretary of Defense
notified Congress of the intent of the Secretary to rescind the co-location
restriction and to implement policy exceptions to allow female members of the
Armed Forces to be assigned to specified positions in ground combat units at
the battalion level.
(2) On January 24,
2013, the Secretary of Defense and the Joint Chiefs of Staff issued guidance to
rescind the direct combat exclusion rule for female members of the Armed Forces
and eliminate all unnecessary gender-based barriers to service in the Armed
Forces.
(3) The Secretaries of the military departments
were required to develop and submit their plans for implementation of the
rescission of the direct combat exclusion rule by May 15, 2013.
(4) As of 2013, there
are approximately 202,000 female members of the Armed Forces, approximately
20,000 female members have served in Iraq and Afghanistan, and more than 60
female members have been killed in combat.
(b)
Sense of
congress
It is the sense of
Congress that the Secretaries of the military departments—
(1) no later than September 2015, should
develop, review, and validate individual occupational standards, using
validated gender-neutral occupational standards, so as to assess and assign
members of the Armed Forces to units, including Special Operations Forces;
and
(2) no later than January 1, 2016, should
complete all assessments.
530E.
Meetings with
respect to religious liberty
(a)
Notice
(1)
In
general
The Department of
Defense shall provide to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate advance
written notice of any meeting to be held between Department employees and
civilians for the purpose of writing, revising, issuing, implementing,
enforcing, or seeking advice, input, or counsel regarding military policy
related to religious liberty.
(2)
Contents of
notice
Notice provided under
paragraph (1) shall include information on the time, date, location, and
anticipated attendees of the meeting and information on who initiated the
meeting.
(3)
Verbal
notice
If a meeting to which
this subsection applies is scheduled less than 24 hours in advance of the
meeting, the notice requirement under paragraph (1) may be satisfied by a phone
call if Committee staff provide verbal confirmation of receipt of the
notice.
(b)
Reports
Not later than 72 hours after the
conclusion of a meeting to which subsection (a) applies, the Secretary of
Defense shall submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate a report on
the meeting, which shall include information on the time, date, location,
duration, and attendees of the meeting and information on who initiated the
meeting.
530F.
Proof of
period of military service for purposes of interest rate limitation under the
Servicemembers Civil Relief Act
Section 207(b)(1) of the Servicemembers
Civil Relief Act (50 U.S.C. App. 527(b)(1))
is amended by inserting after calling the servicemember to military
service the following: , or other appropriate indicator of
military service, including a certified letter from a commanding officer or
information from the Defense Manpower Database Center,.
530G.
Policy on military
recruitment and enlistment of graduates of secondary schools
(a)
Conditions on
use of test, assessment, or screening tools
In the case of any test, assessment, or
screening tool utilized under the policy on recruitment and enlistment required
by subsection (b) of section 532 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1403;
10 U.S.C.
503 note) for the purpose of identifying persons for
recruitment and enlistment in the Armed Forces, the Secretary of Defense
shall—
(1) implement a means for ensuring that
graduates of a secondary school (as defined in section 9101(38) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)), including all
persons described in subsection (a)(2) of section 532 of the National Defense
Authorization Act for Fiscal Year 2012, are required to meet the same standard
on the test, assessment, or screening tool; and
(2) use uniform
testing requirements and grading standards.
(b)
Rule of
construction
Nothing in
section 532(b) of the National Defense Authorization Act for Fiscal Year 2012
or this section shall be construed to permit the Secretary of Defense or the
Secretary of a military department to create or use a different grading
standard on any test, assessment, or screening tool utilized for the purpose of
identifying graduates of a secondary school (as defined in section 9101(38) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(38)), including all persons described in subsection (a)(2)
of section 532 of the National Defense Authorization Act for Fiscal Year 2012,
for recruitment and enlistment in the Armed Forces.
530H.
Comptroller
General report on use of determination of personality disorder or adjustment
disorder as basis to separate members from the Armed Forces
Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and the House of
Representatives a report evaluating—
(1) the use by the
Secretaries of the military departments, since January 1, 2007, of the
authority to separate members of the Armed Forces from the Armed Forces due of
unfitness for duty because of a mental condition not amounting to disability,
including separation on the basis of a personality disorder or adjustment
disorder and the total number of members separated on such basis;
(2) the extent to which the Secretaries failed
to comply with regulatory requirements in separating members of the Armed
Forces on the basis of a personality or adjustment disorder; and
(3) the impact of such a separation on the
ability of veterans so separated to access service-connected disability
compensation, disability severance pay, and disability retirement pay.
D
Military Justice,
Including Sexual Assault Prevention and Response
531.
Limitations on
convening authority discretion regarding court-martial findings and
sentence
(a)
Elimination of
unlimited command prerogative and discretion
Paragraph (1) of
section
860(c) of title 10, United States Code (article 60(c) of the
Uniform Code of Military Justice) is amended by striking the first
sentence.
(b)
Limitations on
discretion regarding court-martial findings
Paragraph (3) of
section
860(c) of title 10, United States Code (article 60(c) of the
Uniform Code of Military Justice) is amended to read as follows:
(3)
(A) Action on the findings of a court-martial
by the convening authority or by another person authorized to act under this
section is not required.
(B) If the convening authority or another
person authorized to act under this section acts on the findings of a
court-martial, the convening authority or other person may not—
(i) dismiss any charge or specification, other
than a charge or specification for a qualifying offense, by setting aside a
finding of guilty thereto; or
(ii) change a finding of guilty to a charge or
specification, other than a charge or specification for a qualifying offense,
to a finding of guilty to an offense that is a lesser included offense of the
offense stated in the charge or specification.
(C) If the convening authority or another
person authorized to act under this section acts on the findings to dismiss or
change any charge or specification for a qualifying offense, the convening
authority or other person shall provide, at that same time, a written
explanation of the reasons for such action. The written explanation shall be
made a part of the record of the trial and action thereon.
(D)
(i) In this paragraph, the
term qualifying offense means, except in the case of an offense
specified in clause (ii), an offense under this chapter for which—
(I) the maximum sentence of confinement
that may be adjudged does not exceed two years; and
(II) the sentence adjudged does not
include dismissal, a dishonorable or bad-conduct discharge, or confinement for
more than six months.
(ii) Such term does not include the
following:
(I) An offense under
section
920 of this title (article 120).
(II) An offense under
section
928 of this title (article 128), if such offense consisted of
assault consummated by battery upon child under 16 years of age.
(III) An offense under
section
934 of this title (article 134), if such offense consisted of
indecent language communicated to child under the age of 16 years.
(IV) Such other offenses as the Secretary
of Defense may exclude by
regulation.
.
(c)
Limitations on
discretion to modify an adjudged sentence
Section 860(c) of title 10, United
States Code (article 60(c) of the Uniform Code of Military Justice) is
amended—
(1) in paragraph (2),
by striking The convening authority and inserting the
following:
(B) Except as provided in paragraph (4), the
convening authority
;
and
(2) by adding at the
end the following new paragraph:
(4)
(A) Except as provided in subparagraphs (B) and
(C), the convening authority or another person authorized to act under this
section may not modify an adjudged sentence of confinement or a punitive
discharge or disapprove, commute, or suspend an adjudged sentence of
confinement or a punitive discharge in whole or in part.
(B)
(i) Upon the recommendation of the trial
counsel, the convening authority or another person authorized to act under this
section shall have the authority to impose a sentence below a level established
by statute as a minimum sentence, to impose a sentence of confinement below the
adjudged confinement sentence, or to disapprove, commute, or suspend the
adjudged sentence in whole or in part in recognition of the substantial
assistance by the accused in the investigation or prosecution of another person
who has committed an offense.
(ii) If a mandatory minimum sentence exists for
a charge, the convening authority or another person authorized to act under
this section may not modify an adjudged sentence to reduce the sentence to less
than the mandatory minimum sentence or disapprove, commute, or suspend the
adjudged mandatory minimum sentence in whole or in part. This limitation does
not restrict the discretion of the convening authority or another person
authorized to act under this section to modify, disapprove, commute, or suspend
any portion of the adjudged sentence that is in addition to the mandatory
minimum sentence.
(C) In addition, if a mandatory minimum
sentence does not exist for a charge and a pre-trial agreement has been entered
into by the convening authority and the accused, as authorized by Rule for
Court-Martial 705, the convening authority or another person authorized to act
under this section may take action to reduce, dismiss, or suspend an adjudged
sentence of confinement in whole or in part pursuant to the terms of the
pre-trial
agreement.
.
(d)
Explanation for
any decision disapproving, commuting, or suspending court-martial
sentence
Section 860(c)(2) of
title 10, United States Code (article 60(c)(2) of the Uniform Code of Military
Justice), as amended by subsection (c)(1), is further amended—
(1) by inserting
(A) after (2); and
(2) by adding at the
end the following new subparagraph:
(C) If the convening authority or another
person authorized to act under this section acts to disapprove, commute, or
suspend the sentence in whole or in part, the convening authority or other
person shall provide, at that same time, a written explanation of the reasons
for such action. The written explanation shall be made a part of the record of
the trial and action
thereon.
.
(e)
Conforming
amendment to other authority for convening authority to suspend
sentence
Section 871(d) of
such title (article 71(d) of the Uniform Code of Military Justice) is amended
by adding at the end the following new sentence: Paragraphs (2) and (4)
of subsection (c) of section 860 of this title (article 60) shall apply to any
decision by the convening authority or such person to suspend the execution of
any sentence or part thereof under this subsection..
(f)
Effective
date
The amendments made by this section shall take effect 180
days after the date of the enactment of this Act and shall apply with respect
to findings and sentences of courts-martial reported to convening authorities
under section
860 of title 10, United States Code (article 60 of the Uniform
Code of Military Justice), as amended by this section, on or after that
effective date.
532.
Elimination of
five-year statute of limitations on trial by court-martial for additional
offenses involving sex-related crimes
(a)
Inclusion of
additional offenses
Section 843(a) of title 10, United
States Code (article 43(a) of the Uniform Code of Military Justice) is amended
by striking rape, or rape of a child and inserting rape
or sexual assault, or rape or sexual assault of a child.
(b)
Conforming
amendment
Section
843(b)(2)(B)(i) of title 10, United States Code (article
43(b)(2)(B)(i) of the Uniform Code of Military Justice) is amended by inserting
before the period at the end the following: , unless the offense is
covered by subsection (a).
(c)
Effective
date
The amendments made by
this section shall take effect on the date of the enactment of this Act, and
shall apply with respect to an offense covered by section
920(b) or
920b(b) of title 10, United States
Code (article 120(b) or 120b(b) of the Uniform Code of Military Justice) that
is committed on or after that date.
533.
Discharge or
dismissal for certain sex-related offenses and trial of offenses by general
courts-martial
(a)
Mandatory
discharge or dismissal required
(1)
Imposition
Section 856 of title 10, United
States Code (article 56 of the Uniform Code of Military Justice) is
amended—
(A) by inserting
(a) before The punishment; and
(B) by adding at the
end the following new subsection:
(b)
(1) While a person subject to this chapter who
is found guilty of an offense specified in paragraph (2) shall be punished as a
general court-martial may direct, such punishment must include, at a minimum,
dismissal or dishonorable discharge.
(2) Paragraph (1) applies to the
following offenses:
(A) An
offense in violation of subsection (a) or (b) of section 920 (article 120(a) or
(b)).
(B) Forcible sodomy under section 925 of this
title (article 125).
(C) An attempt to commit an offense
specified in subparagraph (A) or (B) that is punishable under section 880 of
this title (article
80).
.
(2)
Clerical
amendments
(A)
Section
heading
The heading of such
section is amended to read as follows:
856. Art.
56.
Maximum and minimum
limits
.
(B)
Table of
sections
The table of sections at the beginning of subchapter
VIII of chapter 47 of such title is amended by striking the item relating to
section 856 and inserting the following new item:
856. Art 56. Maximum and minimum
limits.
.
(b)
Jurisdiction
limited to general courts-martial
Section 818 of title 10, United
States Code (article 18 of the Uniform Code of Military Justice) is
amended—
(1) by inserting
(a) before the first sentence;
(2) in the third
sentence, by striking However, a general court-martial and
inserting the following:
(b) A general
court-martial
;
and
(3) by adding at the
end the following new subsection:
(c) Consistent with sections 819, 820, and
856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial
have jurisdiction over an offense specified in section 856(b)(2) of this title
(article
56(b)(2)).
.
(c)
Additional
duties for independent panels
(1)
Response systems
panel
The independent panel
established by the Secretary of Defense under subsection (a)(1) of section 576
of the National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1758) shall assess the appropriateness of
statutorily mandated minimum sentencing provisions for additional offenses
under the Uniform Code of Military Justice. The panel shall include the results
of the assessment in the report required by subsection (c)(1) of such
section.
(2)
Judicial
proceedings panel
The
independent panel established by the Secretary of Defense under subsection
(a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year
2013 (Public
Law 112–239; 126 Stat. 1758) shall assess the implementation
and effect of the mandatory minimum sentences established by
section
856(b) of title 10, United States Code (article 56(b) of the
Uniform Code of Military Justice), as added by subsection (a) of this section.
The panel shall include the results of the assessment in one of the reports
required by subsection (c)(2)(B) of such section 576.
(d)
Effective
date
The amendments made by
this section shall take effect 180 days after the date of the enactment of this
Act, and apply to offenses specified in
section
856(b)(2) of title 10, United States Code (article 56(b)(2) of
the Uniform Code of Military Justice), as added by subsection (a)(1), committed
after that date.
534.
Regulations
regarding consideration of application for permanent change of station or unit
transfer by victims of sexual assault
Section 673(b) of
title 10, United States Code, is amended by striking The Secretaries of
the military departments and inserting The Secretary
concerned.
535.
Consideration of
need for, and authority to provide for, temporary administrative reassignment
or removal of a member on active duty who is accused of committing a sexual
assault or related offense
(a)
In
general
Chapter
39 of title 10, United States Code, is amended by inserting
after section
673 the following new section:
674.
Temporary
administrative reassignment or removal of a member on active duty accused of
committing a sexual assault or related offense
(a)
Guidance for
timely consideration and action
The Secretary concerned may provide
guidance, within guidelines provided by the Secretary of Defense, for
commanders regarding their authority to make a timely determination, and to
take action, regarding whether a member of the armed forces serving on active
duty who is alleged to have committed a sexual assault or other sex-related
offense covered by section 920, 920a, 920b, or 920c of this title (article 120,
120a, 120b, or 120c of the Uniform Code of Military Justice) should be
temporarily reassigned or removed from a position of authority or assignment,
not as a punitive measure, but solely for the purpose of maintaining good order
and discipline within the member’s unit.
(b)
Time for
determinations
A
determination described in subsection (a) may be made at any time after receipt
of notification of an unrestricted report of a sexual assault or other
sex-related offense that identifies the member as an alleged
perpetrator.
.
(b)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 673 the following
new item:
674. Temporary administrative reassignment
or removal of a member on active duty accused of committing a sexual assault or
related
offense.
.
(c)
Additional
training requirement for commanders
The Secretary of Defense shall provide for
inclusion of information and discussion regarding the availability and use of
the authority provided by
section
674 of title 10, United States Code, as added by subsection
(a), as part of the training for new and prospective commanders at all levels
of command required by section 585(b) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112–81;
10 U.S.C.
1561 note).
536.
Victims’ Counsel for
victims of sex-related offenses and related provisions
(a)
Designation and
duties
(1)
In
general
Chapter
53 of title 10, United States Code, is amended by inserting
after section
1044d the following new section:
1044e.
Victims'
Counsel for victims of sex-related offenses
(a)
Designation;
purposes
The Secretary
concerned shall designate legal counsel (to be known as Victims’
Counsel) for the purpose of providing legal assistance to an individual
eligible for military legal assistance under section 1044 of this title who is
the victim of an alleged sex-related offense, regardless of whether the report
of that offense is restricted or unrestricted.
(b)
Types of legal
assistance authorized
The
types of legal assistance authorized by subsection (a) include the
following:
(1) Legal consultation regarding potential
criminal liability of the victim stemming from or in relation to the
circumstances surrounding the alleged sex-related offense and the victim’s
right to seek military defense services.
(2) Legal consultation
regarding the Victim Witness Assistance Program, including—
(A) the rights and
benefits afforded the victim;
(B) the role of the
Victim Witness Assistance Program liaison and what privileges do or do not
exist between the victim and the liaison; and
(C) the nature of
communication made to the liaison in comparison to communication made to a
Victims’ Counsel or a legal assistance attorney under section 1044 of this
title.
(3) Legal consultation
regarding the responsibilities and support provided to the victim by the Sexual
Assault Response Coordinator, a unit or installation Sexual Assault Victim
Advocate or domestic abuse advocate, to include any privileges that may exist
regarding communications between those persons and the victim.
(4) Legal consultation
regarding the potential for civil litigation against other parties (other than
the Department of Defense).
(5) Legal consultation
regarding the military justice system, including—
(A) the roles and
responsibilities of the trial counsel, the defense counsel, and
investigators;
(B) any proceedings of
the military justice process in which the victim may observe or participate as
a witness or other party;
(C) the Government’s
authority to compel cooperation and testimony; and
(D) the victim’s
responsibility to testify, and other duties to the court.
(6) Accompanying the
victim at any proceedings in connection with the reporting, military
investigation, and military prosecution of the alleged sex-related
offense.
(7) Legal consultation
regarding—
(A) services available
from appropriate agencies or offices for emotional and mental health counseling
and other medical services;
(B) eligibility for
and requirements for obtaining any available military and veteran benefits,
such as transitional compensation benefits found in section 1059 of this title
and other State and Federal victims’ compensation programs; and
(C) the availability
of, and any protections offered by, civilian and military restraining
orders.
(8) Legal consultation
and assistance in personal civil legal matters in accordance with section 1044
of this title.
(9) Such other legal
assistance as the Secretary of Defense (or, in the case of the Coast Guard, the
Secretary of the Department in which the Coast Guard is operating) may
authorize in the regulations prescribed under subsection (g).
(c)
Qualifications
An
individual may not be designated as a Victims’ Counsel under this section
unless the individual—
(1) meets the qualifications specified in
section 1044(d)(2) of this title; and
(2) is certified as
competent to be designated as a Victims’ Counsel by the Judge Advocate General
of the Armed Force in which the judge advocate is a member or by which the
civilian attorney is employed.
(d)
Administrative
responsibility
(1) Consistent with the regulations prescribed
under subsection (g), the Judge Advocate General (as defined in section 801(1)
of this title) under the jurisdiction of the Secretary, and within the Marine
Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is
responsible for the establishment and supervision of individuals designated as
Victims’ Counsel.
(2) The Secretary of Defense (and, in the case
of the Coast Guard, the Secretary of the Department in which the Coast Guard is
operating) shall conduct a periodic evaluation of the Victims’ Counsel programs
operated under this section.
(e)
Availability of
victims’ counsel
(1) An individual eligible for military legal
assistance under section 1044 of this title who is the victim of an alleged
sex-related offense shall be offered the option of receiving assistance from a
Victims’ Counsel upon report of an alleged sex-related offense or at the time
the victim seeks assistance from a Sexual Assault Response Coordinator, a
Sexual Assault Victim Advocate, a military criminal investigator, a
victim/witness liaison, a trial counsel, a healthcare provider, or any other
personnel designated by the Secretary concerned for purposes of this
subsection.
(2) The assistance of a Victims’ Counsel under
this subsection shall be available to an individual eligible for military legal
assistance under section 1044 of this title regardless of whether the
individual elects unrestricted or restricted reporting of the alleged
sex-related offense. The individual shall also be informed that the assistance
of a Victims’ Counsel may be declined, in whole or in part, but that declining
such assistance does not preclude the individual from subsequently requesting
the assistance of a Victims’ Counsel.
(f)
Alleged
sex-related offense defined
In this section, the term
alleged sex-related offense means any allegation of—
(1) a violation of section 920, 920a, 920b,
920c, or 925 of ths title (article 120, 120a, 120b, 120c, or 125 of the Uniform
Code of Military Justice); or
(2) an attempt to
commit an offense specified in a paragraph (1) as punishable under section 880
of this title (article 80 of the Uniform Code of Military Justice).
(g)
Regulations
The Secretary of Defense and the Secretary
of the Department in which the Coast Guard is operating shall prescribe
regulations to carry out this
section.
.
(2)
Clerical
amendment
The table of
sections at the beginning of such chapter is amended by inserting after the
item relating to section 1044d the following new item:
1044e. Victims' Counsel for victims of
sex-related
offenses.
.
(3)
Conforming
amendments
(A)
Qualifications
of persons providing legal assistance
Section 1044(d)(2) of such title is amended
by inserting before the period at the end the following: and, for
purposes of service as a Victims’ Counsel under section 1044e of this title,
meets the additional qualifications specified in subsection (c)(2) of such
section..
(B)
Inclusion in
definition of military legal assistance
Section 1044(d)(3)(B) of such title is
amended by striking and 1044d and inserting 1044d, 1044e,
and 1565b(a)(1)(A).
(C)
Access to legal
assistance and services
Section 1565b(a)(1)(A) of such title is
amended by striking section 1044 and inserting sections
1044 and 1044e.
(4)
Implementation
Section 1044e of title 10, United
States Code, as added by paragraph (1), shall be implemented within six months
after the date of the enactment of this Act.
(b)
Enhanced
Training Requirement
The
Secretary of each military department, and the Secretary of Homeland Security
with respect to the Coast Guard when it is not operating as a service in the
Department of the Navy, shall implement, consistent with the guidelines
provided under section 1044e of title 10, United
States Code, as added by subsection (a), in-depth and advanced training for all
military and civilian attorneys providing legal assistance under section 1044
or 1044e of such to support victims of alleged sex-related offenses.
(c)
Secretary of
Defense implementation report
(1)
Report
required
Not later than 90
days after the date of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Homeland Security with respect to the Coast
Guard, shall submit to the Committees on Armed Services and Commerce, Science,
and Transportation of the Senate and the Committees on Armed Services and
Transportation and Infrastructure of the House of Representatives a report
describing how the Armed Forces will implement the requirements of
section
1044e of title 10, United States Code, as added by subsection
(a).
(2)
Additional
submission requirement
The
report required by paragraph (1) shall also be submitted to the independent
review panel established by the Secretary of Defense under section 576(a)(1) of
the National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1758) and to the Joint Services Committee on
Military Justice.
(c)
Additional
duties for independent panels
(1)
Response systems
panel
The independent panel
established by the Secretary of Defense under subsection (a)(1) of section 576
of the National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1758) shall conduct an assessment regarding
whether the roles, responsibilities, and authorities of Victims’ Counsel to
provide legal assistance under
section
1044e of title 10, United States Code, as added by subsection
(a), to victims of alleged sex-related offenses should be expanded to include
legal standing to represent the victim during investigative and military
justice proceedings in connection with the prosecution of the offense. The
panel shall include the results of the assessment in the report required by
subsection (c)(1) of such section.
(2)
Judicial
proceedings panel
The
independent panel established by the Secretary of Defense under subsection
(a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year
2013 (Public
Law 112–239; 126 Stat. 1758) shall conduct an assessment of the
implementation and effect of
section
1044e of title 10, United States Code, as added by subsection
(a), and make such recommendations for modification of such section 1044e as
the panel considers appropriate. The panel shall include the results of the
assessment and its recommendations in one of the reports required by subsection
(c)(2)(B) of such section 576.
537.
Inspector General
investigation of allegations of retaliatory personnel actions taken in response
to making protected communications regarding sexual assault
Section
1034(c)(2)(A) of title 10, United States Code, is amended by
striking sexual harassment or and inserting rape, sexual
assault, or other sexual misconduct in violation of sections 920 through 920c
of this title (articles 120 through 120c of the Uniform Code of Military
Justice), sexual harassment, or.
538.
Secretary of
Defense report on role of commanders in military justice process
Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a report
containing—
(1) an assessment of
the current role and authorities of commanders in the administration of
military justice and the investigation, prosecution, and adjudication of
offenses under the Uniform Code of Military Justice; and
(2) a
recommendation by the Secretary of Defense regarding whether the role and
authorities of commanders should be further modified or repealed.
539.
Review and
policy regarding Department of Defense investigative practices in response to
allegations of sex-related offenses
(a)
Review
Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall conduct a review of
the practices of the military criminal investigative organizations (Army
Criminal Investigation Command, Naval Criminal Investigative Service, and Air
Force Office of Special Investigation) regarding the investigation of alleged
sex-related offenses involving members of the Armed Forces, including the
extent to which the military criminal investigative organizations make a
recommendation regarding whether an allegation of a sex-related offense appears
founded or unfounded.
(b)
Policy
After conducting the review required by
subsection (a), the Secretary of Defense shall develop a uniform policy for the
Armed Forces, to the extent practicable, regarding the use of case
determinations to record the results of the investigation of a sex-related
offense. In developing the policy, the Secretary shall consider the feasibility
of adopting case determination methods, such as the uniform crime report, used
by nonmilitary law enforcement agencies.
(c)
Sex-related
offense defined
In this section, the term sex-related
offense includes—
(1) any offense covered by section 920, 920a,
920b, 920c, or 925 of title 10, United States Code (article 120, 120a, 120b,
120c, or 125 of the Uniform Code of Military Justice); or
(2) an attempt to commit an offense specified
in a paragraph (1) as punishable under section 880 of such title (article 80 of
the Uniform Code of Military Justice).
540.
Uniform
training and education programs for sexual assault prevention and response
program
Section 585(a) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1434;
10 U.S.C.
1561 note) is amended—
(1) in paragraph (1)—
(A) in the first
sentence, by striking Not later than one year after the date of the
enactment of this Act, the Secretary of each military department shall develop
a curriculum to provide sexual assault prevention and response training and
education for members of the Armed Forces under the jurisdiction of the
Secretary and civilian employees of the military department and
inserting Not later than June 30, 2014, the Secretary of Defense shall
develop a uniform curriculum to provide sexual assault prevention and response
training and education for members of the Armed Forces and civilian employees
of the Department of Defense; and
(B) in the second
sentence, by inserting including lesson plans to achieve core
competencies and learning objectives, after curriculum,;
and
(2) in paragraph
(3)—
(A) by striking
Consistent
training.—The Secretary of Defense shall ensure and
inserting Uniform
training.—The Secretary of Defense shall require;
and
(B) by striking
consistent and inserting uniform.
541.
Development of
selection criteria for assignment as Sexual Assault Response and Prevention
Program Managers, Sexual Assault Response Coordinators, Sexual Assault Victim
Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent
(a)
Qualifications
for assignment
Section
1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111–383;
10 U.S.C.
1561 note; 124 Stat. 4431) is amended—
(1) by redesignating
subparagraph (B) as subparagraph (C); and
(2) by striking
subparagraph (A) and inserting the following new subparagraphs:
(A) the qualifications necessary for a member
of the Armed Forces or a civilian employee of the Department of Defense to be
selected for assignment to duty as a Sexual Assault Response and Prevention
Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim
Advocate, whether assigned to such duty on a full-time or part-time
basis;
(B) consistent with section 584(c) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81;
10 U.S.C.
1561 note; 125 Stat. 1433), the training, certification, and
status of members of the Armed Forces and civilian employees of the department
assigned to duty as Sexual Assault Response and Prevention Program Managers,
Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for
the Armed Forces;
and
.
(b)
Assignment of
Sexual Assault Nurse Examiners-Adult/Adolescent to Certain Military
Units
(1)
Assignment to
certain military units
Section 584 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112–81;
10 U.S.C.
1561 note) is amended—
(A) by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively; and
(B) by inserting after
subsection (b) the following new subsection (c):
(c)
Sexual Assault
Nurse Examiners-Adult/Adolescent
(1)
Assignment
requirements
The Secretary of
each military department shall assign at least one Sexual Assault Nurse
Examiner-Adult/Adolescent to each brigade or equivalent unit level of each
armed force under the jurisdiction of that Secretary unless assignment to other
units is determined to be more practicable and effective by the Secretary of
Defense. The Secretary of the military department concerned may assign
additional Sexual Assault Nurse Examiners-Adult/Adolescent as necessary based
on the demographics or needs of a military unit. The Secretary of the military
department concerned may waive the assignment requirement for a specific unit
level if that Secretary determines that compliance will impose an undue burden,
except that the Secretary shall notify Congress of each waiver and explain how
compliance would impose an undue burden.
(2)
Eligible
persons
On and after October
1, 2015, only members of the armed forces and civilian employees of the
Department of Defense may be assigned to duty as a Sexual Assault Nurse
Examiner-Adult/Adolescent. The Secretary of the military department concerned
may satisfy paragraph (1) through the assignment of additional personnel to a
unit or by assigning the duties of a Sexual Assault Nurse
Examiner-Adult/Adolescent to current personnel of the unit, so long as such
personnel meet the training and certification requirements of subsection
(d).
.
(2)
Training and
certification
Subsection (d) of such section, as redesignated by
paragraph (1)(A), is amended—
(A) in paragraph (1),
by striking assigned under subsection (a) and Sexual Assault Victim
Advocates assigned under subsection (b) and inserting , Sexual
Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent
assigned under this section;
(B) in paragraph (2),
by adding at the end the following new sentence: In the case of the
curriculum and other components of the program for certification of Sexual
Assault Nurse Examiners-Adult/Adolescent, the Secretary of Defense shall
utilize the most recent guidelines and standards as outlined by the Department
of Justice, Office on Violence Against Women, in the National Training
Standards for Sexual Assault Medical Forensic Examiners.; and
(C) in paragraph (3), by adding at the end the
following new sentence: On and after October 1, 2015, before a member or
civilian employee may be assigned to duty as a Sexual Assault Nurse
Examiner-Adult/Adolescent under subsection (c), the member or employee must
have completed the training program required by paragraph (1) and obtained the
certification..
(c)
Conforming
amendments
Section 584 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81;
10 U.S.C.
1561 note; 125 Stat. 1432) is amended—
(1) in subsection (a)(2), by inserting
who satisfy the selection criteria established under section 1602(e)(2)
of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law
111–383;
10 U.S.C.
1561 note; 124 Stat. 4431) after
Defense; and
(2) in subsection (b)(2), by inserting
who satisfy the selection criteria established under section 1602(e)(2)
of the Ike Skelton National Defense Authorization Act for Fiscal Year
2011 after Defense.
(d)
Clerical
amendment
The heading of
section 584 of the National Defense Authorization Act for Fiscal Year 2012
(Public Law
112–81;
10 U.S.C.
1561 note) is amended to read as follows:
584.
Sexual Assault
Response Coordinators, Sexual Assault Victim Advocates, and Sexual Assault
Nurse
Examiners-Adult/Adolescent
.
542.
Extension of
crime victims’ rights to victims of offenses under the Uniform Code of Military
Justice
(a)
Victims'
rights
(1)
In
general
Subchapter I of
chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is amended by adding
at the end the following new section (article):
806b. Art.
6b.
Rights of victims of offenses under this chapter
(a)
Rights of a
victim of a military crime
A victim of a military crime has the
following rights:
(1) The right to be
reasonably protected from the accused.
(2) The right to
reasonable, accurate, and timely notice of any public proceeding in an
investigation under section 832 of this title (article 32), court-martial,
involuntary plea hearing, pre-sentencing hearing, or parole hearing involving
the offense or of any release or escape of the accused.
(3) The right not to be excluded from any such
public proceeding, referred to in paragraph (2) unless the military judge,
after receiving clear and convincing evidence, determines that testimony by the
victim of a military crime would be materially altered if the victim of a
military crime heard other testimony at that proceeding.
(4) The reasonable
right to confer with the trial counsel in the case.
(5) The right to full
and timely restitution as provided in law.
(6) The right to
proceedings free from unreasonable delay.
(7) The right to be treated with fairness and
with respect for the dignity and privacy of the victim of a military
crime.
(b)
Duty of military
judge
In any court-martial
proceeding involving an offense against a victim of a military crime, the
military judge shall ensure that the victim of a military crime is afforded the
rights described in subsection (a). Before making a determination described in
subsection (a)(3), the military judge shall make every effort to permit the
fullest attendance possible by the victim of a military crime and shall
consider reasonable alternatives to the exclusion of the victim of a military
crime from the criminal proceeding. The reasons for any decision denying relief
under this subsection shall be clearly stated on the record.
(c)
Best efforts
required
(1) Military judges, trial
and defense counsel, military criminal investigation organizations, services,
and personnel, and other members and personnel of the Department of Defense
engaged in the detection, investigation, or prosecution of offenses under this
chapter (the Uniform Code of Military Justice) shall make their best efforts to
see that a victim of a military crime is notified of, and accorded, the rights
described in subsection .
(2) The trial counsel in a case shall
advise a victim of a military crime that the victim of a military crime can
seek the advice of an attorney with respect to the rights described in
subsection (a).
(3) Notice of release otherwise required
pursuant to this chapter shall not be given if such notice may endanger the
safety of any person.
(d)
Victim of a
military crime defined
(1)
Definition
In this section, the term victim of
a military crime means a person who has suffered direct physical,
emotional, or pecuniary harm as a result of the commission of a crime in
violation of this chapter (the Uniform Code of Military Justice) or in
violation of the law of another jurisdiction if any portion of the
investigation of the violation of that law was conducted primarily by a
military criminal investigative organization (Army Criminal Investigation
Command, Naval Criminal Investigative Service, or Air Force Office of Special
Investigation). The term shall include, at a minimum, the following:
(A) Members of the
armed forces and their dependents.
(B) Civilian employees of the Department of
Defense and contractor employees stationed outside the continental United
States and their dependents residing with them.
(C) Such other individuals as the Secretary of
Defense determines should be included.
(2)
Treatment of
certain victims
In the case
of a victim of a military crime who is under 18 years of age, incompetent,
incapacitated, or deceased, the term shall also include an individual acting on
behalf of the victim who is (in order of precedence) a spouse, parent, legal
guardian, child, sibling, or another dependent of the victim or another person
designated by the military judge, but in no event shall an accused be
designated or
included.
.
(2)
Clerical
amendment
The table of sections at the beginning of subchapter I
of chapter 47 of such title (the Uniform Code of Military Justice) is amended
by adding at the end the following new item:
806b. Art. 6b. Victims' rights of victims of offenses under
this
chapter.
.
(b)
Procedures To
promote compliance
(1)
In
general
Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall recommend to the President changes
to the Manual for Courts-Martial, and prescribe such other regulations as the
Secretary considers appropriate, to implement
section
806b of title 10, United States Code (article 6b of the Uniform
Code of Military Justice), as added by subsection (a).
(2)
Elements
The
modifications and regulations issued pursuant to paragraph (1) shall include
the following:
(A) The designation of an administrative
authority within the Department of Defense to oversee the implementation of
such section 806(b), and within each Armed Force, an authority to receive and
investigate complaints relating to the provision or violation of the rights of
victims of military crimes.
(B) A requirement for
a course of training for judge advocates and other appropriate members of the
Armed Forces and personnel of the Department to promote compliance with and
implementation of such section 806b and assist such personnel in responding
more effectively to the needs of victims of military crimes.
(C) Disciplinary sanctions for members of the
Armed Forces and other personnel of the Department of Defense, including
suspension or termination from employment in the case of employees of the
Department, who willfully or wantonly fail to comply with such section
806b.
(D) Mechanisms to
ensure that the Secretary of Defense shall be the final arbiter of a complaint
authorized pursuant to subparagraph (A) by a victim of a military crime that
the victim was not afforded a right under such section 806b.
(c)
Additional duty
for Response systems independent panel
The independent panel established by the
Secretary of Defense under subsection (a)(1) of section 576 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1758) shall assess the feasibility and
appropriateness of extending to victims of military crimes the additional right
afforded a crime victim in civilian criminal legal proceedings under subsection
(a)(4) of section
3771 of title 18, United States Code, and the legal standing to
seek enforcement of crime victim rights provided by subsection (d) of such
section. The panel shall include the results of the assessment in the report
required by subsection (c)(1) of such section.
543.
Defense counsel
interview of complaining witnesses in presence of counsel for the complaining
witness or a Sexual Assault Victim Advocate
Section 846 of title
10, United States Code (article 46 of the Uniform Code of Military Justice), is
amended—
(1) by inserting
(a) Opportunity To obtain
witnesses and other evidence.—before The trial
counsel;
(2) by striking
Process issued and inserting the following:
(c)
Process
Process
issued
;
and
(3) by inserting after
subsection (a), as designated by paragraph (1), the following new subsection
(b):
(b)
Interview of
complaining witnesses by defense counsel
(1) Upon notice by trial
counsel to defense counsel of the name and address of the complaining witness
or witnesses trial counsel intends to call to testify in any portion of an
investigation under section 832 of this title (article 32) or a court-martial
under this chapter, defense counsel shall make all requests to interview any
such complaining witness through trial counsel.
(2) If requested by a complaining witness
subject to a request for interview under paragraph (1), any interview of the
witness by defense counsel shall take place only in the presence of counsel for
the complaining witness or a Sexual Assault Victim Advocate.
(3) In this subsection, the term
complaining witness means a person who has suffered a direct
physical, emotional, or pecuniary harm as a result of a commission of an
offense under this chapter (the Uniform Code of Military
Justice).
.
544.
Participation
by complaining witnesses in clemency phase of courts-martial
process
Section 860(b) of
title 10, United States Code (article 60(b) of the Uniform Code of Military
Justice), is amended—
(1) by inserting
(A) after (b)(1);
(2) by redesignating
paragraphs (2), (3), and (4) as subparagraphs (B), (C), and (D), respectively,
and, in such subparagraphs as so redesignated, by striking paragraph
(1) each place it appears and inserting subparagraph
(A); and
(3) by adding at the
end the following new paragraphs:
(2)
(A) In any case in which findings and sentence
have been adjudged for an offense involving a complaining witness, the
complaining witness shall be provided an opportunity to submit matters for
consideration by the convening authority or by another person authorized to act
under this section before the convening authority or such other person takes
action under this section. Such a submission shall be made within 10 days after
the complaining witness has been given an authenticated record of trial and, if
applicable, the recommendation of the staff judge advocate or legal officer
under subsection (d).
(B) If a complaining witness shows that
additional time is required for submission of matters under subparagraph (A),
the convening authority or other person taking action under this section, for
good cause, may extend the submission period for not more than an additional 20
days.
(C) In this paragraph, the term
complaining witness means a person who has suffered a direct
physical, emotional, or pecuniary harm as a result of a commission of an
offense under this chapter (the Uniform Code of Military Justice).
(3) The convening authority shall not
consider under this section any submitted matters that go to the character of a
complaining witness unless such matters were presented at the
trial.
.
545.
Eight-day
incident reporting requirement in response to unrestricted report of sexual
assault in which the victim is a member of the Armed Forces
(a)
Incident
reporting policy requirement
The Secretary of Defense and the
Secretary of the Department in which the Coast Guard is operating shall
establish and maintain a policy to require the submission by a designated
person of a written incident report not later than eight days after an
unrestricted report of sexual assault has been made in which a member of the
Armed Forces is the victim. At a minimum, this incident report shall be
provided to the following:
(1) The installation
commander, if such incident occurred on or in the vicinity of a military
installation.
(2) The first officer
in the grade of 0–6 in the chain of command of the victim.
(3) The first general
officer or flag officer in the chain of command of the victim.
(b)
Purpose of the
report
The purpose of the required incident report under
subsection (a) is to detail the actions taken or in progress to provide the
necessary care and support to the victim of the assault, to refer the
allegation of sexual assault to the appropriate investigatory agency, and to
provide initial notification of the serious incident when that notification has
not already taken place.
(c)
Elements of
report
(1)
In
general
The report of an incident under subsection (a) shall
include, at a minimum, the following:
(A) Time/Date/Location
of incident.
(B) Type of offense
allegation.
(C) Service
affiliation, assigned unit, and location of the victim.
(D) Service
affiliation, assigned unit, and location of the alleged offender, including
information regarding whether the alleged offender has been temporarily
transferred or removed from an assigned billet or ordered to pretrial
confinement or otherwise restricted, if applicable.
(E) Post-incident
actions taken in connection with the incident, including the following:
(i) Referral of the
victim to medical services and all other services available for members of the
Armed Forces who are victims of sexual assault, including the date of each such
referral.
(ii) Receipt and
processing status of a request for expedited victim transfer, if
applicable.
(iii) Notification of
incident to appropriate investigatory offices, including the organization
notified and date of such notification.
(iv) Issuance of any
military protective orders in connection with the incident.
(2)
Modification
(A)
In
general
The Secretary of
Defense may modify the elements required in a report under this section
regarding an incident involving a member of the Armed Forces (including the
Coast Guard when it is operating as service in the Department of the Navy) if
the Secretary determines that such modification will facilitate compliance with
best practices for such reporting as identified by the Sexual Assault
Prevention and Response Office of the Department of Defense.
(B)
Coast
Guard
The Secretary of the
Department in which the Coast Guard is operating may modify the elements
required in a report under this section regarding an incident involving a
member of the Coast Guard if the Secretary determines that such modification
will facilitate compliance with best practices for such reporting as identified
by the Coast Guard Office of Work-Life Programs.
(3)
For official use
only
A report under this section shall be intended for official
use only and shall not be distributed beyond the requirements listed
above.
(d)
Regulations
Not
later than 180 days after enactment, The Secretary of Defense and the Secretary
of the Department in which the Coast Guard is operating shall prescribe
regulations to carry out this section.
546.
Amendment to
Manual for Courts-Martial to eliminate considerations relating to character and
military service of accused in initial disposition of sex-related
offenses
(a)
Amendment
required
Not later than 180
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to the President a proposed amendment to rule 306 of the Manual
for Courts-Martial (relating to policy on initial disposition of offenses) to
eliminate the character and military service of the accused from the list of
factors that may be considered by the disposition authority in disposing of a
sex-related offense.
(b)
Sex-related
offense defined
In this section, a sex-related
offense includes—
(1) any offense covered by section 920, 920a,
920b, 920c, or 925 of title 10, United States Code (article 120, 120a, 120b,
120c, or 125 of the Uniform Code of Military Justice); or
(2) an attempt to
commit an offense specified in a paragraph (1) as punishable under section 880
of such title (article 80 of the Uniform Code of Military Justice).
547.
Inclusion of
letter of reprimands, nonpunitive letter of reprimands and counseling
statements
(a)
Inclusion in
performance evaluation reports
The Secretary of Defense shall require
commanders to include letter of reprimands, nonpunitive letter of actions and
counseling statements involving substantiated cases of sexual harassment or
sexual assault in the performance evaluation report of a member of the Armed
Forces for the purpose of—
(1) providing
commanders increased visibility of the background information of members of the
unit;
(2) identifying and
preventing trends of bad behavior early and effectively disciplining repeated
actions which hinder units from fostering a healthy climate; and
(3) preventing the
transfer of sexual offenders.
(b)
Definitions
In
this section:
(1) The term
sexual harassment has the meaning given such term in Department
of Defense Directive 1350.2, Department of Defense Military Equal Opportunity
Program.
(2) The term
sexual assault means any of the offenses described in
section
920 of title 10, United States Code (article 120 of the Uniform
Code of Military Justice).
548.
Enhanced protections
for prospective members and new members of the Armed Forces during entry-level
processing and training
(a)
Defining
inappropriate and prohibited relationships, communication, conduct, and contact
between certain members
(1)
Policy
required
The Secretary of
Defense and the Secretary of the Department in which the Coast Guard is
operating shall establish and maintain a policy to uniformly define and
prescribe, for the persons described in paragraph (2), what constitutes an
inappropriate and prohibited relationship, communication, conduct, or contact,
including when such an action is consensual, between a member of the Armed
Forces described in paragraph (2)(A) and a prospective member or member of the
Armed Forces described in paragraph (2)(B).
(2)
Covered
members
The policy required
by paragraph (1) shall apply to—
(A) a member of the
Armed Forces who is superior in rank to, exercises authority or control over,
or supervises a person described in subparagraph (B) during the entry-level
processing or training of the person; and
(B) a prospective member of the Armed Forces or
a member of the Armed Forces undergoing entry-level processing or
training.
(3)
Inclusion of
certain members required
The
members of the Armed Forces covered by paragraph (2)(A) shall include, at a
minimum, military personnel assigned or attached to duty—
(A) for the purpose of
recruiting or assessing persons for enlistment or appointment as a commissioned
officer, warrant officer, or enlisted member of the Armed Forces;
(B) at a Military
Entrance Processing Station; or
(C) at an entry-level
training facility or school of an Armed Force.
(b)
Effect of
violations
A member of the
Armed Forces who violates the policy established pursuant to subsection (a)
shall be subject to prosecution under the Uniform Code of Military
Justice.
(c)
Processing for
administrative separation
(1)
In
general
(A) The Secretary of Defense and the Secretary
of the Department in which the Coast Guard is operating shall require the
processing for administrative separation of any member of the Armed Forces
described in subsection (a)(2)(A) in response to the first substantiated
violation by the member of the policy established pursuant to subsection (a),
when the member is not otherwise punitively discharged or dismissed from the
Armed Forces for that violation.
(B) The Secretary of each military department
shall revise regulations applicable to the Armed Forces under the jurisdiction
of the Secretary as necessary to ensure compliance with the requirement under
subparagraph (A).
(2)
Required
elements
(A) In imposing the requirement under paragraph
(1), the Secretaries shall ensure that any separation decision regarding a
member of the Armed Forces is based on the full facts of the case and that due
process procedures are provided under existing law or regulations or
additionally prescribed, as considered necessary by the Secretaries, pursuant
to subsection (f).
(B) The requirement imposed by paragraph (1)
shall not be interpreted to limit or alter the authority of the Secretary of a
military department and the Secretary of the Department in which the Coast
Guard is operating to process members of the Armed Forces for administrative
separation—
(i) for reasons other than a
substantiated violation of the policy established pursuant to subsection (a);
or
(ii) under other provisions of law or
regulation.
(3)
Substantiated
violation
For purposes of
paragraph (1), a violation by a member of the Armed Forces described in
subsection (a)(2)(A) of the policy established pursuant to subsection (a) shall
be treated as substantiated if—
(A) there has been a
court-martial conviction for violation of the policy, but the adjudged sentence
does not include discharge or dismissal; or
(B) a nonjudicial punishment authority under
section
815 of title 10, United States Code (article 15 of the Uniform
Code of Military Justice) has determined that a member has committed an offense
in violation of the policy and imposed nonjudicial punishment upon the
member.
(d)
Proposed Uniform
Code of Military Justice punitive article
Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives—
(1) a proposed amendment to
chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice) to create an
additional article under subchapter X of such chapter regarding violations of
the policy required by subsection (a); and
(2) the conforming
changes to part IV, punitive articles, in the Manual for Courts-Martial that
will be necessary upon adoption of such article.
(e)
Definitions
In
this section:
(1) The term entry-level processing or
training, with respect to a member of the Armed forces, means the
period beginning on the date on which the member became a member of the Armed
Forces and ending on the date on which the member physically arrives at that
member’s first duty assignment following completion of initial entry training
(or its equivalent), as defined by the Secretary of the military department
concerned or the Secretary of the Department in which the Coast Guard is
operating.
(2) The term prospective member of the
Armed Forces means a person who has had a face-to-face meeting with a
member of the Armed Forces assigned or attached to duty described in subsection
(a)(3)(A) regarding becoming a member of the Armed Forces, regardless of
whether the person eventually becomes a member of the Armed Forces.
(f)
Regulations
Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the Secretary of the
Department in which the Coast Guard is operating shall issue such regulations
as may be necessary to carry out this section. The Secretary of Defense shall
ensure that, to the extent practicable, the regulations are uniform for each
armed force under the jurisdiction of that Secretary.
549.
Independent
reviews and assessments of Uniform Code of Military Justice and judicial
proceedings of sexual assault cases
(a)
Additional
duties for response systems panel regarding disposition authority
(1)
In
general
The independent panel
established by the Secretary of Defense under subsection (a)(1) of section 576
of the National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1758) shall—
(A) conduct an
assessment of the impact, if any, that removing from the chain of command any
disposition authority regarding charges preferred under the Uniform Code of
Military Justice would have on overall reporting and prosecution of sexual
assault cases; and
(B) review and provide comment on the report of
the Secretary of Defense on the role of military commanders in the military
justice process, which is required pursuant to section 538 of this Act.
(2)
Submission of
results
The panel shall include the results of the assessment and
review and its recommendations and comments in the report required by
subsection (c)(1) of such section 576, as amended by subsection (b) of this
section.
(b)
Earlier
submission deadline for report of the response systems panel
Subsection (c) of section 576 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1758) is amended by striking paragraph (1)
and inserting the following new paragraph:
(1)
Response systems
panel
Not later than one year
after the date of the first meeting of the panel established under subsection
(a)(1), the panel shall submit a report of its findings and recommendations,
through the Secretary of Defense, to the Committees on Armed Services of the
Senate and the House of Representatives. The panel shall terminate 30 days
after submission of such
report.
.
(c)
Additional duty
for response systems panel regarding instances of members’ abusing chain of
command position to gain access to or coerce another person for a sex-related
offense
(1)
In
general
The independent panel
established by the Secretary of Defense under subsection (a)(1) of section 576
of the National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1758) shall conduct an assessment of
instances in the Armed Forces in which a member of the Armed Forces has
committing a sexual act upon another person by abusing one’s position in the
chain of command of the other person to gain access to or coerce the other
person.
(2)
Submission of
results
The panel shall include the results of the assessment and
its recommendations and comments in the report required by subsection (c)(1) of
such section 576, as amended by subsection (b) of this section.
(d)
Additional duty
for judicial proceedings panel regarding additional revision of definition of
Article 120 sex-related offenses
The independent panel established by the
Secretary of Defense under subsection (a)(2) of section 576 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1758) shall assess the likely consequences
of amending of definition of rape and sexual assault under article 120 of the
Uniform Code of Military Justice to expressly cover a situation in which a
person subject to the Uniform Code of Military Justice commits a sexual act
upon another person by abusing one’s position in the chain of command of the
other person to gain access to or coerce the other person. The panel shall
include the results of the assessment in one of the reports required by
subsection (c)(2)(B) of such section 576.
550.
Review of the
Office of Diversity Management and Equal Opportunity role in sexual harassment
cases
(a)
Review
required
The Secretary of Defense shall conduct a review of the
Office of Diversity Management and Equal Opportunity for the purposes specified
in subsection (b).
(b)
Elements of
study
In conducting the review under subsection (a), the
Secretary of Defense shall—
(1) identify and
evaluate the resource and personnel gaps in the Office;
(2) identify and
evaluate the role of the Office in sexual harassment cases; and
(3) evaluate how the
Office works with the Sexual Assault Prevention and Response Office to address
sexual harassment in the Armed Forces.
(c)
Definition
In this section, the term sexual
harassment has the meaning given such term in Department of Defense
Directive 1350.2, Department of Defense Military Equal Opportunity
Program.
550A.
Discharge or
dismissal, and confinement required for certain sex-related offenses committed
by members of the Armed Forces
(a)
Mandatory
punishments
(1)
Imposition
Section 856 of title 10, United
States Code (article 56 of the Uniform Code of Military Justice) is
amended—
(A) by inserting
(a) before The punishment; and
(B) by adding at the
end the following new subsection:
(b)
(1) While a person subject to this chapter who
is found guilty of an offense specified in paragraph (2) shall be punished as a
general court-martial may direct, such punishment must include, at a
minimum—
(A) dismissal or dishonorable discharge;
and
(B) confinement for two years.
(2) Paragraph (1) applies to the
following offenses:
(A) An
offense in violation of subsection (a) or (b) of section 920 (article 120(a) or
(b)).
(B) Forcible sodomy under section 925 of this
title (article 125).
(C) An attempt to commit an offense
specified in subparagraph (A) or (B) that is punishable under section 880 of
this title (article
80).
.
(2)
Clerical
amendments
(A)
Section
heading
The heading of such
section is amended to read as follows:
856. Art.
56.
Maximum and minimum
limits
.
(B)
Table of
sections
The table of sections at the beginning of subchapter
VIII of chapter 47 of such title is amended by striking the item relating to
section 856 and inserting the following new item:
856. Art 56. Maximum and minimum
limits.
.
(b)
Effective
date
The amendments made by
this section shall take effect 180 days after the date of the enactment of this
Act, and apply to offenses specified in
section
856(b)(2) of title 10, United States Code (article 56(b)(2) of
the Uniform Code of Military Justice), as added by subsection (a)(1), committed
after that date.
550B.
Enhancement to
requirements for availability of information on sexual assault prevention and
response resources
(a)
Required posting
of information on sexual assault prevention and response resources
(1)
Posting
The
Secretary of Defense shall require that there be prominently posted, in
accordance with paragraph (2), notice of the following information relating to
sexual assault prevention and response, in a form designed to ensure visibility
and understanding:
(A) Resource
information for members of the Armed Forces, military dependents, and civilian
personnel of the Department of Defense with respect to prevention of sexual
assault and reporting of incidents of sexual assault.
(B) Contact
information for personnel who are designated as Sexual Assault Response
Coordinators and Sexual Assault Victim Advocates.
(C) The Department of
Defense hotline telephone number, referred to as the Safe
Helpline, for reporting incidents of sexual assault, or any successor
operation.
(2)
Posting
placement
Posting under subsection (a) shall be at the following
locations, to the extent practicable:
(A) Any Department of
Defense duty facility.
(B) Any Department of
Defense dining facility.
(C) Any Department of
Defense multi-unit residential facility.
(D) Any Department of
Defense health care facility.
(E) Any Department of
Defense commissary or exchange.
(F) Any Department of
Defense Community Service Agency.
(G) Any Department of
Defense website.
(b)
Notice to
victims of available assistance
The Secretary of Defense shall
require that procedures in the Department of Defense for responding to a
complaint or allegation of sexual assault submitted by or against a member of
the Armed Forces include prompt notice to the person making the complaint or
allegation of the forms of assistance available to that person from the
Department of Defense and, to the extent known to the Secretary, through other
departments and agencies, including State and local agencies, and other
sources.
550C.
Military
Hazing Prevention Oversight Panel
(a)
Establishment
There is established a panel to be known as
the Military Hazing Prevention Oversight Panel (in this section referred to as
the Panel).
(b)
Membership
The
Panel shall be composed of the following members:
(1) The Secretary of
the Army or the Secretary’s designee.
(2) The Secretary of the Navy or the
Secretary’s designee.
(3) The Secretary of the Air Force or the
Secretary’s designee.
(4) The Secretary of Homeland Security (with
respect to the Coast Guard) or the Secretary’s designee.
(5) Members appointed
by the Secretary of Defense from among individuals who are not officers or
employees of any government and who have expertise in advocating for—
(A) women;
(B) racial or ethnic
minorities;
(C) religious
minorities; or
(D) gay, lesbian,
bisexual, or transgender individuals.
(c)
Duties
The
Panel shall—
(1) make recommendations to the Secretary
concerned (as defined in
section
101(a)(9) of title 10, United States Code) on the development
of the policies, programs, and procedures to prevent and respond to hazing in
the Armed Forces; and
(2) monitor any policies, programs, and
procedures in place to prevent and respond to hazing in the Armed Forces and
make recommendations to the Secretary concerned on ways to improve such
policies, programs, and procedures.
(d)
Initial
Meeting
Not later than 180
days after the date of the enactment of this Act, the Panel shall hold its
initial meeting.
(e)
Meetings
The
Panel shall meet not less than annually.
550D.
Prevention of
sexual assault at military service academies
The Secretary of Defense shall ensure that
each of the military service academies adds a section in the ethics curricula
of such academies that outlines honor, respect, and character development as
such pertain to the issue of preventing sexual assault in the Armed Forces.
Such curricula shall include a brief history of the problem of sexual assault
in the Armed Forces, a definition of sexual assault, information relating to
reporting a sexual assault, victims’ rights, and dismissal and dishonorable
discharge for offenders. Such ethics training shall be provided within 60 days
after the initial arrival of a new cadet or midshipman at a military services
academy and repeated in annual ethics training requirements.
550E.
Ensuring
awareness of policy to instruct victims of sexual assault seeking security
clearance to answer no to question 21
(a)
Ensuring
awareness of policy
The Secretary of Defense shall inform members
of the United States Armed Forces of the policy described in subsection
(b)—
(1) at the earliest
time possible, such as upon enlistment and commissioning; and
(2) during sexual
assault awareness training and service member interactions with sexual assault
response coordinators.
(b)
Policy
described
The policy described in this subsection is the policy
of instructing an individual to answer no to question 21 of
Standard Form 86 of the Questionnaire for National Security Positions with
respect to consultation with a health care professional if—
(1) the individual is
a victim of a sexual assault; and
(2) the consultation
occurred with respect to an emotional or mental health condition strictly in
relation to the sexual assault.
550F.
Report on
policies and regulations regarding service members living with or at risk of
contracting HIV
(a)
Report to
Congress
Not later than 180
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress and make publicly available a report on the use of the
Uniform Code of Military Justice, the Manual for Courts-Martial, and related
policies, punitive articles, and regulations with regard to service members
living with or at risk of contracting HIV.
(b)
Contents
The report shall include the
following:
(1) An assessment of whether the Uniform Code
of Military Justice, the Manual for Courts-Martial, and related policies,
punitive articles, and regulations are exercised in a way that demonstrates an
evidence-based, medically accurate understanding of—
(A) the multiple
factors that lead to HIV transmission;
(B) the relative risk
of HIV transmission routes;
(C) the associated
benefits of treatment and support services for people living with HIV;
and
(D) the impact of
HIV-specific policies and regulations on public health and on people living
with or at risk of contracting HIV.
(2) A
review of court-martial decisions in recent years preceding the date of
enactment of this Act.
(3) Recommendations for adjustments to the
Uniform Code of Military Justice, the Manual for Courts-Martial, and related
policies, punitive articles, and regulations, as may be necessary, in order to
ensure that policies and regulations regarding service members living with or
at risk of contracting HIV are in accordance with a contemporary understanding
of HIV transmission routes and associated benefits of treatment.
(c)
Definition of
HIV
In this section, the term
HIV means infection with the human immunodeficiency
virus.
550G.
Additional
modification of annual Department of Defense reporting requirements regarding
sexual assaults and prevention and response program
(a)
Additional
elements of each report
Section 1631(b) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law
111–383; 124 Stat. 4433;
10 U.S.C.
1561 note) is amended by adding at the end the following new
paragraphs:
(11) A description of the implementation of the
comprehensive policy on the retention of and access to evidence and records
relating to sexual assaults involving members of the Armed Forces required to
comply with section 586 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112–81; 125 Stat. 1434;
10 U.S.C.
1561 note).
(12) The policies,
procedures, and processes implemented by the Secretary concerned to ensure
detailed evidence and records are transmitted to the Department of Veterans
Affairs, including medical records of sexual assault victims that accurately
and completely describe the physical and emotional injuries resulting from a
sexual trauma that occurred during active duty
service.
.
(b)
Application of
amendments
The amendment made
by this section shall apply beginning with the report regarding sexual assaults
involving members of the Armed Forces required to be submitted by March 1,
2014, under section 1631 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011.
E
Military Family
Readiness
551.
Department of
Defense recognition of spouses of members of the Armed Forces who serve in
combat zones
(a)
Establishment
and Presentation of Lapel Buttons
Chapter 57 of title 10,
United States Code, is amended by inserting after
section
1126 the following new section:
1126a.
Spouse-of-a-combat-veteran
lapel button: eligibility and presentation
(a)
Design and
eligibility
A lapel button, to be known as the
spouse-of-a-combat-veteran lapel button, shall be designed, as approved by the
Secretary of Defense, to identify and recognize the spouse of a member of the
armed forces who is serving or has served in a combat zone for a period of more
than 30 days.
(b)
Presentation
The
Secretary concerned may authorize the use of appropriated funds to procure
spouse-of-a-combat-veteran lapel buttons and to provide for their presentation
to eligible spouses of members.
(c)
Exception to
time-period requirement
The 30-day period specified in subsection
(a) does not apply if the member is killed or wounded in the combat zone before
the expiration the period.
(d)
License to
manufacture and sell lapel buttons
Section 901(c) of title 36 shall
apply with respect to the spouse-of-a-combat-veteran lapel button authorized by
this section.
(e)
Combat zone
defined
In this section, the term combat zone has
the meaning given that term in
section
112(c)(2) of the Internal Revenue Code of 1986.
(f)
Regulations
The
Secretary of Defense shall issue such regulations as may be necessary to carry
out this section. The Secretary shall ensure that the regulations are uniform
for each armed force to the extent
practicable.
.
(b)
Clerical
Amendment
The table of
sections at the beginning of such chapter is amended by inserting after the
item relating to section 1126 the following new item:
1126a. Spouse-of-a-combat-veteran lapel
button: eligibility and
presentation.
.
(c)
Sense of
congress regarding implementation
It is the sense of Congress that, as soon
as practicable once the spouse-of-a-combat-veteran lapel button becomes
available, the Secretary of Defense should—
(1) widely announce the availability of
spouse-of-a-combat-veteran lapel buttons through military and public
information channels; and
(2) encourage
commanders at all levels to conduct ceremonies recognizing the support provided
by spouses of members of the Armed Forces and to use the ceremonies as an
opportunity for members to present their spouses with a
spouse-of-a-combat-veteran lapel button.
552.
Protection of child
custody arrangements for parents who are members of the Armed Forces
(a)
Child custody
protection
Title II of the Servicemembers Civil Relief Act (50
U.S.C. App. 521 et seq.) is amended by adding at the end the following new
section:
208.
Child custody
protection
(a)
Restriction on
temporary custody order
If a
court renders a temporary order for custodial responsibility for a child based
solely on a deployment or anticipated deployment of a parent who is a
servicemember, then the court shall require that, upon the return of the
servicemember from deployment, the custody order that was in effect immediately
preceding the temporary order shall be reinstated, unless the court finds that
such a reinstatement is not in the best interest of the child, except that any
such finding shall be subject to subsection (b).
(b)
Limitation on
consideration of member’s deployment in determination of Child’s Best
Interest
If a motion or a
petition is filed seeking a permanent order to modify the custody of the child
of a servicemember, no court may consider the absence of the servicemember by
reason of deployment, or the possibility of deployment, as the sole factor in
determining the best interest of the child.
(c)
No federal
jurisdiction or right of action or removal
Nothing in this section shall create a
Federal right of action or otherwise give rise to Federal jurisdiction or
create a right of removal.
(d)
Preemption
In
any case where State law applicable to a child custody proceeding involving a
temporary order as contemplated in this section provides a higher standard of
protection to the rights of the parent who is a deploying servicemember than
the rights provided under this section with respect to such temporary order,
the appropriate court shall apply the higher State standard.
(e)
Deployment
Defined
In this section, the term deployment means
the movement or mobilization of a servicemember to a location for a period of
longer than 60 days and not longer than 540 days pursuant to temporary or
permanent official orders—
(1) that are
designated as unaccompanied;
(2) for which
dependent travel is not authorized; or
(3) that otherwise do
not permit the movement of family members to that
location.
.
(b)
Clerical
amendment
The table of contents in section 1(b) of such Act is
amended by adding at the end of the items relating to title II the following
new item:
208. Child custody
protection.
.
553.
Treatment of
relocation of members of the Armed Forces for active duty for purposes of
mortgage refinancing
(a)
In
general
Title III of the
Servicemembers Civil Relief Act is amended by inserting after section 303
(50
U.S.C. App. 533) the following new section:
303A.
Treatment of
relocation of servicemembers for active duty for purposes of mortgage
refinancing
(a)
Treatment of
absence from residence due to active duty
While a servicemember who is the mortgagor
under an existing mortgage does not reside in the residence that secures the
existing mortgage because of a relocation described in subsection (c)(1)(B), if
the servicemember inquires about or applies for a covered refinancing mortgage,
the servicemember shall be considered, for all purposes relating to the covered
refinancing mortgage (including such inquiry or application and eligibility
for, and compliance with, any underwriting criteria and standards regarding
such covered refinancing mortgage) to occupy the residence that secures the
existing mortgage to be paid or prepaid by such covered refinancing mortgage as
the principal residence of the servicemember during the period of such
relocation.
(b)
Limitation
Subsection (a) shall not apply with respect
to a servicemember who inquires about or applies for a covered refinancing
mortgage if, during the 5-year period preceding the date of such inquiry or
application, the servicemember entered into a covered refinancing mortgage
pursuant to this section.
(c)
Definitions
In
this section:
(1)
Existing
mortgage
The term
existing mortgage means a mortgage that is secured by a 1- to
4-family residence, including a condominium or a share in a cooperative
ownership housing association, that was the principal residence of a
servicemember for a period that—
(A) had a duration of
13 consecutive months or longer; and
(B) ended upon the
relocation of the servicemember caused by the servicemember receiving military
orders for a permanent change of station or to deploy with a military unit, or
as an individual in support of a military operation, for a period of not less
than 18 months that did not allow the servicemember to continue to occupy such
residence as a principal residence.
(2)
Covered
refinancing mortgage
The term covered refinancing
mortgage means any mortgage that—
(A) is made for the
purpose of paying or prepaying, and extinguishing, the outstanding obligations
under an existing mortgage or mortgages; and
(B) is secured by the
same residence that secured such existing mortgage or
mortgages.
.
(b)
Clerical
amendment
The table of contents in section 1(b) of such Act is
amended by inserting after the item relating to section 303 the following new
item:
303A. Treatment of relocation of
servicemembers for active duty for purposes of mortgage
refinancing.
.
554.
Family support
programs for immediate family members of members of the Armed Forces assigned
to special operations forces
(a)
Pilot programs
authorized
Consistent with such regulations as the Secretary of
Defense may prescribe to carry out this section, the Commander of the United
States Special Operations Command may conduct up to three pilot programs to
assess the feasibility and benefits of providing family support activities for
the immediate family members of members of the Armed Forces assigned to special
operations forces.
(b)
Selection of
programs
In selecting the
pilot programs to be conducted under subsection (a), the Commander
shall—
(1) identify family support activities that
have a direct and concrete impact on the readiness of special operations
forces, but that are not being provided to the immediate family members of
members of the Armed Forces assigned to special operations forces by the
Secretary of a military department; and
(2) conduct a
cost-benefit analysis of each family support activity proposed to be included
in a pilot program.
(c)
Evaluation
The Commander shall develop outcome
measurements to evaluate the success of each family support activity included
in a pilot program under subsection (a).
(d)
Additional
authority
The Commander may expend up to $5,000,000 during each
fiscal year specified in subsection (f) to carry out the pilot programs under
subsection (a).
(e)
Definitions
In
this section:
(1) The term Commander means the
Commander of the United States Special Operations Command.
(2) The term immediate family
members has the meaning given that term in
section
1789(c) of title 10, United States Code.
(3) The term special operations
forces means those forces of the Armed Forces identified as special
operations forces under section 167(i) of such title.
(f)
Duration of
pilot program authority
The authority provided by subsection (a)
is available to the Commander during fiscal years 2014 through 2016.
(g)
Report
Not
later than 180 days after completing a pilot program under subsection (a), the
Commander shall submit to the congressional defense committees a report
describing the results of the pilot program.
555.
Transition of
members of the Armed Forces and their families from military to civilian
life
(a)
Findings
The Congress finds the following:
(1) Members of the Armed Forces and their
families make great sacrifices on behalf of the United States, and, when their
active duty service is successfully concluded, members deserve the opportunity
to also make a successful transition to the civilian labor force.
(2) When transitioning
from active duty in the Armed Forces to civilian employment, members often face
barriers that make it difficult to fully utilize the skills and training they
gained during their military service.
(3) Members and
veterans are too often required to repeat education or training in order to
receive industry certifications and State occupational licenses, even though
their military training and experience often overlaps with the certification or
licensing requirements.
(4) When members are
transferred from military assignment to military assignment, their spouses
often face barriers to transferring their credentials and to securing
employment in their new location.
(5) More than one
million members will make the transition to civilian life in the coming
years.
(6) The Department of
Defense established the Military Credentialing and Licensing Task Force in
2012.
(7) The Joining Forces
program, a national initiative to mobilize all sectors of society to give
members of the Armed Forces and their families the opportunities and support
they have earned, will make it easier for members and their families to
transfer skills learned while the member was serving in the Armed Forces to
civilian employment.
(b)
Sense of
Congress
It is the sense of Congress that—
(1) the Federal
Government and State governments should make the transition of a member of the
Armed Forces and the member's spouse from military to civilian life as seamless
as possible by creating opportunities for the member and spouse to earn, while
the member is in the Armed Forces, civilian occupational credentials and
licenses, with an emphasis on well-paying industries and occupations that have
a high demand for skilled workers, including: manufacturing, information
technology, transportation and logistics, health care, and emergency medical
services;
(2) the Federal
Government should assist State governments in translating military training and
experience into credit towards professional licensure; and
(3) State governments
should streamline approaches for assessing the equivalency of military training
and experience, and accelerate occupational licensing processes for members,
veterans, and their spouses.
556.
Mortgage protection
for members of the Armed Forces, surviving spouses, and certain veterans and
other improvements to the Servicemembers Civil Relief Act
(a)
Members of the
Armed Forces, surviving spouses, and certain disabled veterans
(1)
In
general
Title III of the
Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by
inserting after section 303A, as added by section 553, the following new
section:
303B.
Mortgages and
trust deeds of certain servicemembers, surviving spouses, and disabled
veterans
(a)
Mortgage as
Security
This section applies only to an obligation on real or
personal property owned by a covered individual that—
(1) originated at any time and for which the
covered individual is still obligated; and
(2) is secured by a mortgage, trust deed, or
other security in the nature of a mortgage.
(b)
Stay of
Proceedings
(1)
In
general
In accordance with
subsection (d)(1), in a judicial action pending or in a nonjudicial action
commenced during a covered time period to enforce an obligation described in
subsection (a), a court—
(A) may, after a
hearing and on its own motion, stay the proceedings until the end of the
covered time period; and
(B) shall, upon application by a covered
individual, stay the proceedings until the end of the covered time
period.
(2)
Obligation to
stop proceedings
Upon receipt
of notice provided under subsection (d)(1), a mortgagee, trustee, or other
creditor seeking to foreclose on real property secured by an obligation covered
by this section using any judicial or nonjudicial proceedings shall immediately
stop any such proceeding until the end of the covered time period.
(c)
Sale or
Foreclosure
A sale, judicial
or nonjudicial foreclosure, or seizure of property for a breach of an
obligation described in subsection (a) that is not stayed under subsection (b)
shall not be valid during a covered time period except—
(1) upon a court order
granted before such sale, judicial or nonjudicial foreclosure, or seizure with
a return made and approved by the court; or
(2) if made pursuant
to an agreement as provided in section 107.
(d)
Notice
required
(1)
In
general
To be covered under
this section, a covered individual shall provide to the mortgagee, trustee, or
other creditor written notice that such individual is so covered.
(2)
Manner
Written notice under paragraph (1) may be
provided electronically.
(3)
Time
Notice
provided under paragraph (1) shall be provided during the covered time
period.
(4)
Contents
With respect to a servicemember described
in subsection (g)(1)(A), notice shall include—
(A) a copy of the servicemember’s official
military orders, or any notification, certification, or verification from a
servicemember's commanding officer that provides evidence of servicemember's
eligibility for special pay as described in subsection (g)(1)(A); or
(B) an official notice using a form designed
under paragraph (5).
(5)
Official
forms
(A)
In
general
The Secretary of Defense shall design and distribute an
official Department of Defense form that can be used by an individual to give
notice under paragraph (1).
(B)
Use of official
form not required
Failure by any individual to use a form
designed or distributed under subparagraph (A) to provide notice shall not make
such provision of notice invalid.
(e)
Aggregate
duration
The aggregate
duration for which a covered individual (except a servicemember described in
subsection (g)(1)(A)) may be covered under this section is one year.
(f)
Misdemeanor
A
person who knowingly makes or causes to be made a sale, foreclosure, or seizure
of property that is prohibited by subsection (c), or who knowingly attempts to
do so, shall be fined as provided in title 18, United States Code, or
imprisoned for not more than one year, or both.
(g)
Definitions
In this section:
(1)
Covered
individual
The term covered individual means the
following individuals:
(A) A servicemember
who is or was eligible for hostile fire or imminent danger special pay under
section
310 of title 37, United States Code, during a period of
military service.
(B) A servicemember placed on convalescent
status, including a servicemember transferred to the temporary disability
retired list under section
1202
or 1205 of title 10, United States
Code.
(C) A veteran who was medically discharged and
retired under
chapter 61 of title 10,
United States Code, except for a veteran described in section 1207 of such
title.
(D) A surviving spouse (as defined in
section
101(3) of title 38, United States Code, and in accordance with
section 103 of such title) of a servicemember who died while in military
service if such spouse is the successor in interest to property covered under
subsection (a).
(2)
Covered time
period
The term covered time period means the
following time periods:
(A) With respect to a
servicemember who is or was eligible for hostile fire or imminent danger
special pay under section 310 of title 37, United
States Code, during a period of military service, during the period beginning
on the first day on which the servicemember is or was eligible for such special
pay during such period of military service and ending on the date that is one
year after the last day of such period of military service.
(B) With respect to a servicemember described
in paragraph (1)(B), during the one-year period beginning on the date on which
the servicemember is placed on convalescent status or transferred to the
temporary disability retired list under section
1202
or 1205 of title 10, United States
Code.
(C) With respect to a veteran described in
paragraph (1)(C), during the one-year period beginning on the date of the
retirement of such veteran.
(D) With respect to a surviving spouse of a
servicemember as described in paragraph (1)(D), during the one-year period
beginning on the date on which the spouse receives notice of the death of the
servicemember.
.
(2)
Clerical
amendment
The table of
contents in section 1(b) of such Act is amended by inserting after the item
relating to section 303 the following new item:
Sec. 303B. Mortgages and trust deeds of
certain servicemembers, surviving spouses, and disabled
veterans.
.
(3)
Conforming
amendment
Section 107 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 517) is
amended by adding at the end the following:
(e)
Other
individuals
For purposes of
this section, the term servicemember includes any covered
individual under section
303B.
.
(b)
Increased civil
penalties for mortgage violations
Paragraph (3) of section 801(b) of the
Servicemembers Civil Relief Act (50 U.S.C. App. 597(b)(3))
is amended to read as follows:
(3) to vindicate the
public interest, assess a civil penalty—
(A) with respect to a
violation of section 207, 303, or 303B regarding real property—
(i) in
an amount not exceeding $110,000 for a first violation; and
(ii) in an amount not
exceeding $220,000 for any subsequent violation; and
(B) with respect to
any other violation of this Act—
(i) in
an amount not exceeding $55,000 for a first violation; and
(ii) in an amount not
exceeding $110,000 for any subsequent
violation.
.
(c)
Credit
discrimination
Section 108 of
such Act (50 U.S.C. App. 518) is
amended—
(1) by striking
Application by and inserting (a)
Application or
receipt.—Application by; and
(2) by adding at the
end the following new subsection:
(b)
Eligibility
In addition to the protections under
subsection (a), an individual who is entitled to any right or protection
provided under this Act may not be denied or refused credit or be subject to
any other action described under paragraphs (1) through (6) of subsection (a)
solely by reason of such
entitlement.
.
(d)
Requirements for
lending institutions that are creditors for obligations and liabilities covered
by the Servicemembers Civil Relief Act
Section 207 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 527) is
amended—
(1) by redesignating
subsections (d) and (e) as subsections (e) and (f), respectively; and
(2) by inserting after
subsection (c) the following new subsection (d):
(d)
Lending
institution requirements
(1)
Compliance
officers
Each lending institution subject to the requirements of
this section shall designate an employee of the institution as a compliance
officer who is responsible for ensuring the institution’s compliance with this
section and for distributing information to servicemembers whose obligations
and liabilities are covered by this section.
(2)
Toll-free
telephone number
During any fiscal year, a lending institution
subject to the requirements of this section that had annual assets for the
preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free
telephone number and shall make such telephone number available on the primary
Internet website of the
institution.
.
(e)
Pension for
certain veterans covered by medicaid plans for services furnished by nursing
facilities
Section 5503(d)(7)
of title 38, United States Code, is amended by striking November 30,
2016 and inserting March 1, 2017.
(f)
Effective
date
Section 303B of the Servicemembers Civil Relief Act, as
added by subsection (a), and the amendments made by this section (other than
the amendment made by subsection (e)), shall take effect on the date that is
one year after the date of the enactment of this Act.
557.
Department of
Defense recognition of dependents of members of the Armed Forces who serve in
combat zones
(a)
Establishment
and Presentation of Lapel Buttons
Chapter 57 of title 10,
United States Code, is amended by inserting after
section
1126 the following new section:
1126b.
Dependent-of-a-combat-veteran
lapel button: eligibility and presentation
(a)
Design and
eligibility
A lapel button, to be known as the
dependent-of-a-combat-veteran lapel button, shall be designed, as approved by
the Secretary of Defense, to identify and recognize the dependent of a member
of the armed forces who is serving or has served in a combat zone for a period
of more than 30 days.
(b)
Presentation
The
Secretary concerned may authorize the use of appropriated funds to procure
dependent-of-a-combat-veteran lapel buttons and to provide for their
presentation to eligible dependents of members.
(c)
Exception to
time-period requirement
The 30-day period specified in subsection
(a) does not apply if the member is killed or wounded in the combat zone before
the expiration the period.
(d)
License to
manufacture and sell lapel buttons
Section 901(c) of title 36 shall
apply with respect to the dependent-of-a-combat-veteran lapel button authorized
by this section.
(e)
Combat zone
defined
In this section, the term combat zone has
the meaning given that term in
section
112(c)(2) of the Internal Revenue Code of 1986.
(f)
Regulations
The
Secretary of Defense shall issue such regulations as may be necessary to carry
out this section. The Secretary shall ensure that the regulations are uniform
for each armed force to the extent
practicable.
.
(b)
Clerical
Amendment
The table of
sections at the beginning of such chapter is amended by inserting after the
item relating to section 1126 the following new item:
1126b. Dependent-of-a-combat-veteran lapel
button: eligibility and
presentation.
.
F
Education and
Training Opportunities and Wellness
561.
Inclusion of Freely
Associated States within scope of Junior Reserve Officers’ Training Corps
program
Section 2031(a) of
title 10, United States Code, is amended by adding at the end the following new
paragraph:
(3) If a secondary educational institution in
the Federated States of Micronesia, the Republic of the Marshall Islands, or
the Republic of Palau otherwise meets the conditions imposed by subsection (b)
on the establishment and maintenance of units of the Junior Reserve Officers’
Training Corps, the Secretary of a military department may establish and
maintain a unit of the Junior Reserve Officers’ Training Corps at the secondary
educational institution even though the secondary educational institution is
not a United States secondary educational
institution.
.
562.
Improved
climate assessments and dissemination and tracking of results
(a)
Improved
dissemination of results in chain of command
The Secretary of Defense shall ensure that
the results of command climate assessments are provided to the relevant
individual commander and to the next higher level of command.
(b)
Performance
tracking
(1)
Evidence of
compliance
The Secretary of
each military department shall include in the performance evaluations and
assessments used by each Armed Force under the jurisdiction of the Secretary a
designated form where senior commanders can indicate whether the commander has
conducted the required climate assessments.
(2)
Effect of
failure to conduct assessment
If a commander is found to not have
conducted the required climate assessments, the failure shall be noted in the
commander’s performance evaluation and be considered a serious factor during
consideration for any subsequent promotion.
(c)
Tracking
system
The Inspector General of the Department of Defense shall
develop a system to track whether commanders are conducting command climate
assessments.
(d)
Unit compliance
reports
Working with the
Inspector General of the Department of Defense, unit commanders shall gather
all the climate assessments from the unit and develop a compliance report that,
at a minimum, shall include the following:
(1) A
comprehensive overview of the concerns members of the unit expressed in the
climate assessments.
(2) Data showing how
leadership is perceived in the unit.
(3) A
detailed strategic plan on how leadership plans to address the expressed
concerns.
563.
Service-wide
360 assessments
(a)
Adoption of
360-degree approach
The
Secretary of each military department shall develop an assessment program
modeled after the current Department of the Army Multi-Source Assessment and
Feedback (MSAF) Program, known in this section as the 360-degree
approach.
(b)
Report on
inclusion in performance evaluation reports
Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to Congress a
report containing the results of an assessment of the feasibility of including
the 360-degree approach as part of the performance evaluation reports.
(c)
Individual
counseling
The Secretary of
each military department shall include individual counseling as part of the
performance evaluation process.
564.
Health welfare
inspections
The Secretary of
each military department shall conduct health welfare inspections on a monthly
basis in order to ensure and maintain security, military readiness, good order,
and discipline of all units of the Armed Forces under the jurisdiction of the
Secretary. Results of the Health Welfare Inspections shall be provided to both
the commander and senior commander.
565.
Review of
security of military installations, including barracks and multi-family
residences
(a)
Review of
security measures
The Secretary of Defense shall conduct a review
of security measures on United States military installations, specifically with
regard to barracks and multi-family residences on military installations, for
the purpose of ensuring the safety of members of the Armed Forces and their
dependents who reside on military installations.
(b)
Elements of
study
In conducting the review under subsection (a), the
Secretary of Defense shall—
(1) identify security
gaps on military installations; and
(2) evaluate the
feasibility and effectiveness of using 24-hour electronic monitoring or placing
security personnel at all points of entry into barracks and multi-family
residences on military installation.
(c)
Submission of
results
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a report containing
the results of the study conducted under subsection (a), including an estimate
of the costs—
(1) to eliminate all
security gaps identified under subsection (b)(1); and
(2) to provide 24-hour security monitoring as
evaluated under subsection (b)(2).
566.
Enhancement of
mechanisms to correlate skills and training for military occupational
specialties with skills and training required for civilian certifications and
licenses
(a)
Improvement of
information available to members of the Armed Forces about correlation
(1)
In
general
The Secretaries of the military departments, in
coordination with the Under Secretary of Defense for Personnel and Readiness,
shall, to the maximum extent practicable, make information on civilian
credentialing opportunities available to members of the Armed Forces beginning
with, and at every stage of, training of members for military occupational
specialties, in order to permit members—
(A) to evaluate the
extent to which such training correlates with the skills and training required
in connection with various civilian certifications and licenses; and
(B) to assess the
suitability of such training for obtaining or pursuing such civilian
certifications and licenses.
(2)
Coordination
with Transition Goals Plans Success program
Information shall be
made available under paragraph (1) in a manner consistent with the Transition
Goals Plans Success (GPS) program.
(3)
Types of
information
The information made available under paragraph (1)
shall include, but not be limited to, the following:
(A) Information on the
civilian occupational equivalents of military occupational specialties
(MOS).
(B) Information on
civilian license or certification requirements, including examination
requirements.
(C) Information on the
availability and opportunities for use of educational benefits available to
members of the Armed Forces, as appropriate, corresponding training, or
continuing education that leads to a certification exam in order to provide a
pathway to credentialing opportunities.
(4)
Use and
adaptation of certain programs
In making information available
under paragraph (1), the Secretaries of the military departments may use and
adapt appropriate portions of the Credentialing Opportunities On-Line (COOL)
programs of the Army and the Navy and the Credentialing and Educational
Research Tool (CERT) of the Air Force.
(b)
Improvement of
access of accredited civilian credentialing agencies to military training
content
(1)
In
general
The Secretaries of the military departments, in
coordination with the Under Secretary of Defense for Personnel and Readiness,
shall, to the maximum extent practicable consistent with national security
requirements, make available to accredited civilian credentialing agencies that
issue certifications or licenses, upon request of such agencies, information
such as military course training curricula, syllabi, and materials, levels of
military advancement attained, and professional skills developed.
(2)
Central
repository
The actions taken pursuant to paragraph (1) may
include the establishment of a central repository of information on training
and training materials provided members in connection with military
occupational specialities that is readily accessible by accredited civilian
credentialing agencies described in that paragraph in order to meet requests
described in that paragraph.
567.
Use of
educational assistance for courses in pursuit of civilian certifications or
licenses
(a)
Courses under
Department of Defense educational assistance authorities
(1)
In
general
Chapter 101 of title 10,
United States Code, is amended by inserting after
section
2015 the following new section:
2015a.
Civilian
certifications and licenses: use of educational assistance for courses in
pursuit of civilian certifications or licenses
(a)
Limitation on
use of assistance
In the case of a member of the armed forces who
is enrolled in an educational institution in a State for purposes of obtaining
employment in an occupation or profession requiring the approval or licensure
of a board or agency of that State, educational assistance specified in
subsection (b) may be used by the member for a course offered by the
educational institution that is a required element of the curriculum to be
satisfied to obtain employment in that occupation or profession only if—
(1) the successful
completion of the curriculum fully qualifies a student to—
(A) take any
examination required for entry into the occupation or profession, including
satisfying any State or professionally mandated programmatic and specialized
accreditation requirements; and
(B) be certified or
licensed or meet any other academically related pre-conditions that are
required for entry into the occupation or profession; and
(2) in the case of
State licensing or professionally mandated requirements for entry into the
occupation or profession that require specialized accreditation, the curriculum
meets the requirement for specialized accreditation through its accreditation
or pre-accreditation by an accrediting agency or association recognized by the
Secretary of Education or designated by that State as a reliable authority as
to the quality or training offered by the institution in that program.
(b)
Covered
educational assistance
The educational assistance specified in
this subsection is educational assistance as follows:
(1) Educational
assistance for members of the armed forces under section 2007 and 2015 of this
title.
(2) Educational
assistance for persons enlisting for active duty under chapter 106A of this
title.
(3) Educational
assistance for members of the armed forces held as captives under section 2183
of this title.
(4) Educational
assistance for members of the Selected Reserve under chapter 1606 of this
title.
(5) Educational
assistance for reserve component members supporting contingency operations and
other operations under chapter 1607 of this title.
(6) Such other
educational assistance provided members of the armed force under the laws the
administered by the Secretary of Defense or the Secretaries of the military
departments as the Secretary of Defense shall designate for purposes of this
section.
.
(2)
Clerical
amendment
The table of sections at the beginning of chapter 101
of such title is amended by inserting after the item relating to section 2015
the following new item:
2015a. Civilian certifications and
licenses: use of educational assistance for courses in pursuit of civilian
certifications or
licenses.
.
(b)
Effective
date
The amendments made by this section shall take effect on
August 1, 2014, and shall apply with respect to courses pursued on or after
that date.
568.
Requirement to
continue provision of tuition assistance for members of the Armed
Forces
The Secretary of each
military department shall carry out tuition assistance programs for members of
an Armed Force under the jurisdiction of that Secretary during fiscal year 2014
using an amount not less than the sum of any amounts appropriated or otherwise
made available for tuition assistance for members of that Armed Force for
fiscal year 2014.
569.
Internet access for
members of the Army, Navy, Air Force, and Marine Corps serving in combat
zones
(a)
Provision of
internet access requirement
The Secretaries of the military departments
shall ensure that members of the Army, Navy, Air Force, and Marine Corps who
are deployed in an area for which imminent danger pay or hazardous duty pay is
authorized under section
310
or 351 of title 37, United States Code,
have reasonable access to the Internet in order to permit the members—
(1) to engage in
video-conferencing and other communication with their families and friends;
and
(2) to enjoy the
educational and recreational capabilities of the Internet via websites approved
by the Secretary concerned.
(b)
Waiver
authority
The Secretary of a
military department may waive the requirement imposed by subsection (a) for an
area, or for certain time periods in an area, if the Secretary determines that
the security environment of the area does not reasonably allow for recreational
Internet use.
(c)
No charge for
access and use
Internet access and use shall be provided to
members under this section without charge.
(d)
Effective
date
The requirement imposed by subsection (a) shall take effect
on January 1, 2014.
570.
Report on the
Troops to Teachers program
Not
later than March 1, 2014, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives a
report on the Troops to Teachers program that includes each of the following:
(1) An evaluation of
whether there is a need to broaden eligibility to allow service members and
veterans without a bachelor’s degree admission into the program and whether the
program can be strengthened.
(2) An evaluation of
whether a pilot program should be established to demonstrate the potential
benefit of an institutional based award for troops to teachers, as long as any
such pilot maximizes benefits to soldiers and minimizes administrative and
other overhead costs at the participating academic institutions.
570A.
Secretary of
Defense report on feasibility of requiring automatic operation of current
prohibition on accrual of interest on direct student loans of certain members
of the Armed Forces
Not later
than 90 days after the date of the enactment of this Act, the Secretary of
Defense, after consultation with relevant Federal agencies, shall submit to
Congress a report addressing the following:
(1) Whether
application of the benefits provided under section 455(o) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(o)) could occur
automatically for members of the Armed Forces eligible for the benefits.
(2) How the Department of Defense would
implement the automatic operation of the current prohibition on the accrual of
interest on direct student loans of certain members, including the Federal
agencies with which the Department of Defense would coordinate.
(3) If the Secretary
determines that automatic operation is not feasible, an explanation of the
reasons for that determination.
G
Defense
Dependents’ Education
571.
Continuation of
authority to assist local educational agencies that benefit dependents of
members of the Armed Forces and Department of Defense civilian
employees
(a)
Assistance to
schools with significant numbers of military dependent students
Of the amount authorized to be appropriated
for fiscal year 2014 by section 301 and available for operation and maintenance
for Defense-wide activities as specified in the funding table in section 4301,
$20,000,000 shall be available only for the purpose of providing assistance to
local educational agencies under subsection (a) of section 572 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law
109–163;
20 U.S.C.
7703b).
(b)
Assistance to
schools with enrollment changes due to base closures, force structure changes,
or force relocations
(1)
Extension of
authority to provide assistance
Section 572(b)(4) of the National Defense
Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b(b)(4)) is amended
by striking September 30, 2014 and inserting September
30, 2015.
(2)
Amount of
assistance authorized
Of the
amount authorized to be appropriated for fiscal year 2014 by section 301 and
available for operation and maintenance for Defense-wide activities as
specified in the funding table in section 4301, $5,000,000 shall be available
only for the purpose of providing assistance to local educational agencies
under subsection (b) of section 572 of the National Defense Authorization Act
for Fiscal Year 2006 (20 U.S.C. 7703b).
(c)
Local
educational agency defined
In this section, the term local
educational agency has the meaning given that term in section 8013(9) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).
572.
Support for
efforts to improve academic achievement and transition of military dependent
students
The Secretary of
Defense may make grants to nonprofit organizations that provide services to
improve the academic achievement of military dependent students, including
those nonprofit organizations whose programs focus on improving the civic
responsibility of military dependent students and their understanding of the
Federal Government through direct exposure to the operations of the Federal
Government.
573.
Treatment of tuition
payments received for virtual elementary and secondary education component of
Department of Defense education program
(a)
Crediting of
payments
Section 2164(l) of
title 10, United States Code, is amended by adding at the end the following new
paragraph:
(3) Any payments received by the Secretary of
Defense under this subsection shall be credited to the account designated by
the Secretary for the operation of the virtual educational program under this
subsection. Payments so credited shall be merged with other funds in the
account and shall be available, to the extent provided in advance in
appropriation Acts, for the same purposes and the same period as other funds in
the
account.
.
(b)
Application of
amendment
The amendment made
by subsection (a) shall apply only with respect to tuition payments received
under section
2164(l) of title 10, United States Code, for enrollments
authorized by such section, after the date of the enactment of this Act, in the
virtual elementary and secondary education program of the Department of Defense
education program.
H
Decorations and
Awards
581.
Fraudulent
representations about receipt of military decorations or medals
(a)
In
general
Section 704 of title
18, United States Code, is amended—
(1) in subsection (a),
by striking wears,; and
(2) so that subsection
(b) reads as follows:
(b)
Fraudulent
representations about receipt of military decorations or
medals
Whoever, with intent to obtain money, property, or other
tangible benefit, fraudulently holds oneself out to be a recipient of a
decoration or medal described in subsection (c)(2) or (d) shall be fined under
this title, imprisoned not more than one year, or
both.
.
(b)
Addition of
certain other medals
Section 704(d) of
title 18, United States Code, is amended—
(1) by striking
If a decoration and inserting the following:
(1)
In
general
If a
decoration
;
(2) by inserting
a combat badge, after 1129 of title 10,;
and
(3) by adding at the
end the following new paragraph:
(2)
Combat badge
defined
In this subsection,
the term combat badge means a Combat Infantryman’s Badge, Combat
Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action
Medal.
.
(c)
Conforming
amendment
Section 704 of title 18, United
States Code, is amended in each of subsections (c)(1) and (d) by striking
or (b).
582.
Repeal of
limitation on number of medals of honor that may be awarded to the same member
of the Armed Forces
(a)
Army
Section 3744(a) of
title 10, United States Code, is amended by striking medal of honor,
distinguished-service cross, and inserting distinguished-service
cross.
(b)
Navy and marine
corps
Section 6247 of title 10, United
States Code, is amended by striking medal of honor,.
(c)
Air
force
Section 8744(a) of
title 10, United States Code, is amended by striking medal of honor, Air
Force cross, and inserting Air Force Cross.
583.
Standardization
of time-limits for recommending and awarding Medal of Honor,
Distinguished-Service Cross, Navy Cross, Air Force Cross, and
Distinguished-Service Medal
(a)
Army
Section 3744(b) of
title 10, United States Code, is amended—
(1) in paragraph (1),
by striking three years and inserting five years;
and
(2) in paragraph (2),
by striking two years and inserting three
years.
(b)
Air
force
Section 8744(b) of such title is amended—
(1) in paragraph (1),
by striking three years and inserting five
years; and
(2) in paragraph (2),
by striking two years and inserting three
years.
584.
Recodification
and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
requirements
(a)
Automatic
enrollment and furnishing of certificate
(1)
In
general
Chapter 57 of title 10,
United States Code, is amended by inserting after
section
1134 the following new section:
1134a.
Medal of
honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
(a)
Establishment
There
shall be in the Department of the Army, the Department of the Navy, the
Department of the Air Force, and the Department in which the Coast Guard is
operating a roll designated as the Army, Navy, Air Force, and Coast
Guard Medal of Honor Roll.
(b)
Enrollment
The Secretary concerned shall enter and
record on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll the
name of each person who has served on active duty in the armed forces and who
has been awarded a medal of honor pursuant to section 3741, 6241, or 8741 of
this title or section
491 of title 14.
(c)
Issuance of
enrollment certificate
Each living person whose name is entered
on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be
issued a certificate of enrollment on the roll.
(d)
Entitlement to
special pension; notice to secretary of Veterans Affairs
The
Secretary concerned shall deliver to the Secretary of Veterans Affairs a
certified copy of each certificate of enrollment issued under subsection (c).
The copy of the certificate shall authorize the Secretary of Veterans Affairs
to pay the special pension provided by
section
1562 of title 38 to the person named in the
certificate.
.
(2)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1134 the following
new item:
1134a. Medal of honor: Army, Navy, Air
Force, and Coast Guard Medal of Honor
Roll.
.
(b)
Special
pension
(1)
Automatic
entitlement
Subsection (a) of
section
1562 of title 38, United States Code, is amended—
(A) by striking
each person and inserting each living
person;
(B) by striking
Honor roll and inserting Honor Roll;
(C) by striking
subsection (c) of section 1561 of this title and inserting
subsection (d) of
section
1134a of title 10; and
(D) by striking
date of application therefor under section 1560 of this title
and inserting date on which the person’s name is entered on the Army,
Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of
such section.
(2)
Election to
decline special pension
Such section is further amended by adding
at the end the following new subsection:
(g)
(1) A person who is entitled
to special pension under subsection (a) may elect not to receive special
pension by notifying the Secretary of such election in writing.
(2) Upon receipt of an election made by a
person under paragraph (1) not to receive special pension, the Secretary shall
cease payments of special pension to the
person.
.
(c)
Conforming
amendments
(1)
Repeal of
recodified provisions
Sections
1560
and 1561 of title 38, United States
Code, are repealed.
(2)
Clerical
amendments
The table of sections at the beginning of chapter 15
of such title is amended by striking the items relating to sections 1560 and
1561.
(d)
Application of
amendments
The amendments made by this section shall apply with
respect to Medals of Honor awarded on or after the date of the enactment of
this Act.
585.
Treatment of victims
of the attacks at recruiting station in Little Rock, Arkansas, and at Fort
Hood, Texas
(a)
Award of Purple
Heart required
The Secretary
of the military department concerned shall award the Purple Heart to the
members of the Armed Forces who were killed or wounded in the attacks that
occurred at the recruiting station in Little Rock, Arkansas, on June 1, 2009,
and at Fort Hood, Texas, on November 5, 2009.
(b)
Exception
This section shall not apply to a member of
the Armed Forces whose death or wound in an attack described in subsection (a)
was the result of the willful misconduct of the member.
586.
Retroactive
award of Army Combat Action Badge
(a)
Authority To
award
The Secretary of the
Army may award the Army Combat Action Badge (established by order of the
Secretary of the Army through Headquarters, Department of the Army Letter
600–05–1, dated June 3, 2005) to a person who, while a member of the Army,
participated in combat during which the person personally engaged, or was
personally engaged by, the enemy at any time during the period beginning on
December 7, 1941, and ending on September 18, 2001 (the date of the otherwise
applicable limitation on retroactivity for the award of such decoration), if
the Secretary determines that the person has not been previously recognized in
an appropriate manner for such participation.
(b)
Procurement of
badge
The Secretary of the
Army may make arrangements with suppliers of the Army Combat Action Badge so
that eligible recipients of the Army Combat Action Badge pursuant to subsection
(a) may procure the badge directly from suppliers, thereby eliminating or at
least substantially reducing administrative costs for the Army to carry out
this section.
587.
Report on Navy
review, findings, and actions pertaining to Medal of Honor nomination of Marine
Corps Sergeant Rafael Peralta
Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the Committees
on Armed Services of the Senate and House of Representatives a report
describing the Navy review, findings, and actions pertaining to the Medal of
Honor nomination of Marine Corps Sergeant Rafael Peralta. The report shall
account for all evidence submitted with regard to the case.
588.
Authorization
for award of the Distinguished-Service Cross to Sergeant First Class Robert F.
Keiser for acts of valor during the Korean War
(a)
Authorization
Notwithstanding the time limitations
specified in section
3144 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who served
in the Armed Forces, the Secretary of the Army is authorized and requested to
award the Distinguished-Service Cross under section 3742 of such title to
Sergeant First Class Robert F. Keiser for the acts of valor referred to in
subsection (b) during the Korean War.
(b)
Acts of Valor
described
The acts of valor
referred to in subsection (a) are the actions of Robert F. Keiser’s on November
30, 1950, as a member of the 2d Military Police Company, 2d Infantry Division,
United States Army, during the Division’s successful withdrawal from the
Kunuri-Sunchon Pass.
589.
Required gold
content for Medal of Honor
(a)
Army
(1)
Gold
content
Section 3741 of title 10, United
States Code, is amended—
(A) by striking
The President and inserting (a)
Award.—The
President; and
(B) by adding at the
end the following new subsection:
(b)
Gold
content
The metal content of
the Medal of Honor shall be 90 percent gold and 10 percent
alloy.
.
(2)
Exception for
duplicate medal
Section 3754 of such title is amended by adding
at the end the following new sentence: Section 3741(b) of this title
shall not apply to the issuance of a duplicate Medal of Honor under this
section..
(b)
Navy
(1)
Gold
content
Section 6241 of title 10, United
States Code, is amended—
(A) by striking
The President and inserting (a)
Award.—The
President; and
(B) by adding at the
end the following new subsection:
(b)
Gold
content
The metal content of
the Medal of Honor shall be 90 percent gold and 10 percent
alloy.
.
(2)
Exception for
duplicate medal
Section 6256 of such title is amended by adding
at the end the following new sentence: Section 6241(b) of this title
shall not apply to the issuance of a duplicate Medal of Honor under this
section..
(c)
Air
Force
(1)
Gold
content
Section 8741 of title 10, United
States Code, is amended—
(A) by striking
The President and inserting (a)
Award.—The
President; and
(B) by adding at the
end the following new subsection:
(b)
Gold
content
The metal content of
the Medal of Honor shall be 90 percent gold and 10 percent
alloy.
.
(2)
Exception for
duplicate medal
Section 8754 of such title is amended by adding
at the end the following new sentence: Section 8741(b) of this title
shall not apply to the issuance of a duplicate Medal of Honor under this
section..
(d)
Coast
Guard
(1)
Gold
content
Section 491 of title
14, United States Code, is amended—
(A) by striking
The President and inserting (a)
Award.—The
President; and
(B) by adding at the
end the following new subsection:
(b)
Gold
content
The metal content of
the Medal of Honor shall be 90 percent gold and 10 percent
alloy.
.
(2)
Exception for
duplicate medal
Section 504 of such title is amended by adding at
the end the following new sentence: Section 491(b) of this title shall
not apply to the issuance of a duplicate Medal of Honor under this
section..
(e)
Effective
date
The amendments made by this section shall apply with respect
to Medals of Honor awarded after the date of the enactment of this Act.
590.
Consideration
of Silver Star Award nominations
The Secretary of the Army shall consider the
nominations for the Silver Star Award, as previously submitted, for retired
Master Sergeants Michael McElhiney, Ronnie Raikes, Gilbert Magallanes, and
Staff Sergeant Wesley McGirr.
590A.
Report on Army
review, findings, and actions pertaining to Medal of Honor nomination of
Captain William L. Albracht
Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the Committee
on Armed Services of the House of Representatives a report describing the
Army's review, findings, and actions pertaining to the Medal of Honor
nomination of Captain William L. Albracht. The report shall account for all
evidence submitted with regard to the case.
590B.
Replacement of
military decorations
(a)
Prompt
replacement required; annual report
Section 1135 of title 10, United
States Code, is amended—
(1) by redesignating
subsection (b) as subsection (d); and
(2) by inserting after
subsection (a) the following new subsections:
(b)
Prompt
replacement required
When a
request for the replacement of a military decoration is received under this
section or section 3747, 3751, 6253, 8747, or 8751 of this title, the Secretary
concerned shall ensure that—
(1) all actions to be taken with respect to the
request, including verification of the service record of the recipient of the
military decoration, are completed within one year; and
(2) the replacement military decoration is
mailed to the person requesting the replacement military decoration within 60
days after verification of the service record.
(c)
Annual
report
The Secretary of
Defense shall submit to the congressional defense committees an annual report
regarding compliance by the military departments with the performance standards
imposed by subsection (b). Each report shall include—
(1) for the one-year
period covered by the report—
(A) the average number of days it took to
verify the service record and entitlement of members and former members of the
armed forces for replacement military decorations;
(B) the average number of days between receipt
of a request and the date on which the replacement military decoration was
mailed; and
(C) the average number of days between
verification of a service record and the date on which the replacement military
decoration was mailed; and
(2) an estimate of the
funds necessary for the next fiscal year to meet or exceed such performance
standards.
.
(b)
Plan
required
Not later than 180
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees (as defined in
section
101(a)(16) of title 10, United States Code) a plan to implement
the amendments made by subsection (a), including an estimate of the funds
necessary for fiscal year 2015 to meet or exceed the performance standards
imposed by such amendments.
590C.
Authorization for
award of the Medal of Honor to First Lieutenant Alonzo H. Cushing for acts of
valor during the Civil War
(a)
Authorization
Subject to subsection (c), notwithstanding
the time limitations specified in
section
3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who served
in the Armed Forces, the President is authorized and requested to award the
Medal of Honor under section 3741 of such title to then First Lieutenant Alonzo
H. Cushing for conspicuous acts of gallantry and intrepidity at the risk of
life and beyond the call of duty in the Civil War, as described in subsection
(b).
(b)
Acts of valor
described
The acts of valor referred to in subsection (a) are the
actions of then First Lieutenant Alonzo H. Cushing while in command of Battery
A, 4th United States Artillery, Army of the Potomac, at Gettysburg,
Pennsylvania, on July 3, 1863, during the American Civil War.
(c)
Report
submission
Subsection (a) shall take effect upon receipt by the
Committees on Armed Services of the Senate and House of Representatives of the
report, as required in House Report 112–705, providing information on the
process and materials used by review boards for the consideration of Medal of
Honor recommendations for acts of heroism that occurred during the Civil
War.
I
Other
Matters
591.
Revision of
specified senior military colleges to reflect consolidation of North Georgia
College and State University and Gainesville State College
Paragraph (6) of
section
2111a(f) of title 10, United States Code, is amended to read as
follows:
(6) The University of North
Georgia.
.
592.
Authority to
enter into concessions contracts at Army National Military Cemeteries
(a)
In
general
Chapter 446 of title 10,
United States Code, is amended by adding at the end the following new
section:
4727.
Cemetery
concessions contracts
(a)
Contracts
authorized
The Secretary of
the Army may enter into a contract with an appropriate entity for the provision
of transportation, interpretative, or other necessary or appropriate concession
services to visitors at the Army National Military Cemeteries.
(b)
Special
requirements
(1) The Secretary of the Army shall establish
and include in each concession contract such requirements as the Secretary
determines are necessary to ensure the protection, dignity, and solemnity of
the cemetery at which services are provided under the contract.
(2) A concession contract shall not
include operation of the gift shop at Arlington National Cemetery without the
specific prior authorization by an Act of Congress.
(c)
Term of
contracts
(1) Except as provided in paragraph (2), a
concession contract may be awarded for a period of not more than 10
years.
(2)
(A) If the Secretary of the
Army determines that the terms and conditions of a concession contract to be
entered into under this section, including any required construction of capital
improvements, warrant entering into the contract for a period of greater than
10 years, the Secretary may award the contract for a period of up to 20
years.
(B) If a concession contract is intended solely
for the provision of transportation services, the Secretary may enter into the
contract for a period of not more than five years and may extend the period of
the contract for one or more successive five-year periods pursuant to an option
included in the contract or a modification of the contract. The aggregate
period of any such contract, including extensions, may not exceed 10
years.
(d)
Franchise
fees
A concession contract shall provide for payment to the
United States of a franchise fee or such other monetary consideration as
determined by the Secretary of the Army. The Secretary shall ensure that the
objective of generating revenue for the United States is subordinate to the
objectives of honoring the service and sacrifices of the deceased members of
the armed forces and of providing necessary and appropriate services for
visitors to the Cemeteries at reasonable rates.
(e)
Special
account
All franchise fees (and other monetary consideration)
collected by the United States under subsection (d) shall be deposited into a
special account established in the Treasury of the United States. The funds
deposited in such account shall be available for expenditure by the Secretary
of the Army, to the extent authorized and in such amounts as are provided in
advance in appropriations Acts, to support activities at the Cemeteries. The
funds deposited into the account shall remain available until expended.
(f)
Concession
contract defined
In this section, the term concession
contract means a contract authorized and entered into under this
section.
.
(b)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
4727. Cemetery concessions
contracts.
.
593.
Commission on
Military Behavioral Health and Disciplinary Issues
(a)
Establishment of
Commission
There is
established the Commission on Military Behavioral Health and Disciplinary
Issues (in this section referred to as the Commission).
(b)
Membership
(1)
Composition
The
Commission shall be composed of 10 members, of whom—
(A) two shall be
appointed by the President;
(B) two shall be
appointed by the Chairman of the Committee on Armed Services of the
Senate;
(C) two shall be
appointed by the Ranking Member of the Committee on Armed Services of the
Senate;
(D) two shall be
appointed by the Chairman of the Committee on Armed Services of the House of
Representatives; and
(E) two shall be
appointed by the Ranking Member of the Committee on Armed Services of the House
of Representatives.
(2)
Appointment
date
The appointments of the members of the Commission shall be
made not later than 30 days after the date of the enactment of this Act. If one
or more appointments under a subparagraph of paragraph (1) is not made by such
appointment date, the authority to make such appointment or appointments shall
expire, and the number of members of the Commission shall be reduced by the
number equal to the number of appointments not made.
(3)
Expertise
In making appointments under this
subsection, consideration should be given to individuals with expertise in
service-connected mental disorders, post-traumatic stress disorder (PTSD),
traumatic brain injury (TBI), psychiatry, behavioral health, neurology, as well
as disciplinary matters and military justice.
(4)
Period of
Appointment; Vacancies
Members shall be appointed for the life of
the Commission. Any vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner as the original appointment.
(5)
Initial
Meeting
Not later than 30 days after the appointment date
specified in paragraph (2), the Commission shall hold its first meeting.
(6)
Meetings
The Commission shall meet at the call of
the Chair. A majority of the members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings.
(7)
Chair and Vice
Chairman
The Commission shall select a Chair and Vice Chair from
among its members.
(c)
Study and
report
(1)
Study
required
The Commission shall
undertake a comprehensive study of whether—
(A) the Department of
Defense mechanisms for disciplinary action adequately address the impact of
service-connected mental disorders and TBI on the basis for the disciplinary
action; and
(B) whether the
disciplinary mechanisms should be revisited in light of new information
regarding the connection between service-connected mental disorders and TBI,
behavioral problems, and disciplinary action.
(2)
Considerations
In considering the Department of Defense
mechanisms for disciplinary action, the Commission shall give particular
consideration to evaluating a structure that examines those members diagnosed
with or reasonably asserting post traumatic stress disorder or traumatic brain
injury that have been deployed overseas in support of a contingency operation
during the previous 24 months and how that injury or deployment may constitute
matters in extenuation that relate to the basis for administrative separation
under conditions other than honorable or the overall characterization of
service of the member as other than honorable.
(3)
Report
Not
later than June 30, 2014, the Commission shall submit to the President and the
congressional defense committees a report containing a detailed statement of
the findings and conclusions of the Commission as a result of the study
required by this subsection, together with its recommendations for such
legislation and administrative actions it may consider appropriate in light of
the results of the study.
(d)
Powers of the
commission
(1)
Hearings
The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this
section.
(2)
Information From
Federal Agencies
The Commission may secure directly from any
Federal department or agency such information as the Commission considers
necessary to carry out this section. Upon request of the Chair of the
Commission, the head of such department or agency shall furnish such
information to the Commission.
(e)
Commission
personnel matters
(1)
Compensation of
Members
All members of the
Commission who are officers or employees of the United States shall serve
without compensation in addition to that received for their services as
officers or employees of the United States.
(2)
Travel
Expenses
The members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of
chapter
57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(3)
Staff
The
Chair of the Commission may, without regard to the civil service laws and
regulations, appoint and terminate an executive director and such other
additional personnel from as may be necessary to enable the Commission to
perform its duties. The employment of an executive director shall be subject to
confirmation by the Commission. The staff members should be officers or
employees of the United States.
(f)
Termination
date
The Commission shall terminate 30 days after the date on
which the Commission submits its report.
594.
Commission on
Service to the Nation
(a)
Establishment
There is established a commission to be
known as the Commission on Service to the Nation.
(b)
Duties
(1)
Study
The Commission shall carry out a study of
the following:
(A) The effect of
warfare, focusing on recent wars and conflicts, on members of the Armed Forces,
the families of members, and the communities of members.
(B) The outgoing
experience and transition between military and civilian life.
(C) The gaps between
the military and those Americans who do not participate directly in the
military community.
(2)
Testimony and
research
In carrying out the study under paragraph (1), the
Commission shall—
(A) hear testimony
from all aspects of military and civilian life, including public, private,
individual and institutional stakeholders, with personal testimony, expert
testimony, academic testimony, as well as testimony from association and
community leaders, and other testimony as appropriate;
(B) hear and accept
testimony in an open and public manner, accepting testimony in a wide variety
of ways for each hearing, including submissions made through a public internet
website, and testimony heard remotely if appropriate;
(C) retain the records
of all hearings and artifacts of testimony for the purposes of historical
documentation and research;
(D) assess the social, mental, and physical
effects of war on active members of the Armed Forces, the families of members,
and the communities of members and the preparation they receive for
transitioning out of the military; and
(E) assess the
existing academic and social science research and analysis on transition from
active military to civilian life.
(3)
Recommendations
The
Commission shall make recommendations, based on the analyses in subparagraphs
(A) through (C) of paragraph (1), on how to better—
(A) support the
transition to civilian life of a member of the Armed Forces;
(B) support the
families and communities of the member; and
(C) better connect the
military community and civilians.
(4)
Website
The Commission shall maintain an Internet
website available to the public to—
(A) share the schedule
of the Commission;
(B) notify the public
of events;
(C) accept feedback;
and
(D) post records of
events and other information to inform the public in a manner consistent with
the mission of the Commission.
(c)
Composition
(1)
Members
The Commission shall be composed of 15
members appointed as follows:
(A) Four members
appointed by Majority Leader of the Senate, in consultation with the chairman
of the Committee on Armed Services of the Senate.
(B) Four members
appointed by the Speaker of the House of Representatives, in consultation with
the chairman of the Committee on Armed Services of the House of
Representatives.
(C) Two members
appointed by the Minority Leader of the Senate, in consultation with the
ranking minority member of the Committee on Armed Services of the
Senate.
(D) Two members appointed by the Minority
Leader of the House of Representatives, in consultation with the ranking
minority member of the Committee on Armed Service of the House of
Representatives.
(E) Three members
appointed by the President.
(2)
Qualifications
The
members of the Commission shall be appointed from among persons who have
knowledge and expertise in the following areas:
(A) The effects of war
on members of the Armed Forces, their families, and society.
(B) The process of
transitioning out of the Armed Forces.
(C) The resources
available to members and their families as members transition out of the Armed
Forces and into society.
(D) Personnel
benefits, including healthcare and job training, available to members.
(E) Policy making and
policy analysis.
(3)
Service
requirement
Not less than one
member of the Commission appointed under each of subparagraphs (A) through (E)
of paragraph (1) shall have served in the Armed Forces.
(4)
Duration and
vacancies
Members of the Commission shall be appointed for the
life of the Commission. A vacancy in the membership of the Commission shall not
affect the powers of the Commission, but shall be filled in the same manner as
the original appointment.
(5)
Chairman
The
President shall designate a member of the Commission to serve as chairman of
the Commission.
(6)
Deadline for
appointment
The members shall
be appointed by not later than 90 days after the date of the enactment of this
Act.
(d)
Procedures
(1)
Initial
meeting
The Commission shall hold its initial meeting not later
than 30 days after the date on which all members of the Commission have been
appointed.
(2)
Meetings
After
the initial meeting under paragraph (1), the Commission shall meet at the call
of the chairman.
(3)
Quorum
Four members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(4)
Procedure
The
Commission shall act by resolution agreed to by a majority of the members of
the Commission.
(5)
Panels
The Commission may establish panels
composed of less than the full membership of the Commission for the purpose of
carrying out the Commission's duties. The actions of each such panel shall be
subject to the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered the findings and
determinations of the Commission unless approved by the Commission.
(e)
Compensation and
staff
(1)
Pay
Each
member of the Commission shall be paid at a rate equal to the daily equivalent
of the annual rate of basic pay payable for level IV of the Executive Schedule
under section
5316 of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the performance of the
duties of the Commission. All members of the Commission who are officers or
employees of the United States shall serve without pay in addition to that
received for their services as officers or employees of the United
States.
(2)
Travel
expenses
The members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of
chapter
57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(3)
Executive
director
The Commission shall
appoint and fix the rate of basic pay for an Executive Director in accordance
with section
3161 of title 5, United States Code.
(4)
Staff
The
Executive Director, with the approval of the Commission, may appoint and fix
the rate of basic pay for additional personnel as staff of the Commission in
accordance with section 3161 of title 5, United
States Code.
(5)
Detail of
government employees
Upon request of the chairman of the
Commission, the head of any Federal department or agency may detail, on a
nonreimbursable basis, any personnel of that department or agency to the
Commission to assist it in carrying out its duties.
(f)
Powers
(1)
Hearings
For the purpose of carrying out this Act,
the Commission (or on the authority of the Commission, any subcommittee or
member) may hold such hearings and forums, and sit and act at such times and
places, take such testimony, receive such evidence, and administer such oaths
as the Commission considers appropriate. The Commission shall hold not less
than one hearing in each State, the District of Columbia, Puerto Rico, the
United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana
Islands, and American Samoa.
(2)
Information from
Federal agencies
The
Commission, or designated staff member, may secure directly from any department
or agency of the United States information necessary to enable it to carry out
this Act. Upon request of the chairman of the Commission, the chairman of any
subcommittee created by a majority of the Commission, or any member designated
by a majority of the Commission, the head of that department or agency shall
furnish that information to the Commission.
(3)
Miscellaneous
administrative and support services
The Secretary of Defense
shall furnish the Commission, on a reimbursable basis, any administrative and
support services requested by the Commission.
(4)
Procurement of
temporary and intermittent services
The chairman of the
Commission may procure temporary and intermittent services under
section
3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the annual rate of
basic pay payable for level V of the Executive Schedule under section 5316 of
such title.
(5)
Gifts
The
Commission may accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission. Gifts, bequests, or devises of money
and proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the chairman, vice chairman, or designee.
(g)
Reports
(1)
Initial
report
Not later than 90 days
after the initial meeting of the Commission, the Commission shall submit to the
President, the Secretary of Defense, and the Committees on Armed Services of
the Senate and the House of Representatives, and release to the public, a
report setting forth—
(A) a strategic plan
for the work of the Commission;
(B) a discussion of
the activities of the Commission; and
(C) any initial
findings of the Commission.
(2)
Final
report
Not later than 18
months after the initial meeting of the Commission, the Commission shall submit
to the President, the Secretary of Defense, and the Committees on Armed
Services of the Senate and the House of Representatives, and release to the
public, a final report. Such report shall include any recommendations developed
under subsection (b)(3) that the Commission determines appropriate, including
any recommended legislation, policies, regulations, directives, and
practices.
(h)
Termination
The
Commission shall terminate 90 days after the date on which the final report is
submitted under subsection (g)(2).
595.
Electronic tracking
of certain reserve duty
The
Secretary of Defense shall establish an electronic means by which members of
the Ready Reserve of the Armed Forces can track their operational active-duty
service performed after January 28, 2008, under section 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10, United States Code. The tour calculator
shall specify early retirement credit authorized for each qualifying tour of
active duty, as well as cumulative early reserve retirement credit authorized
to date under section 12731(f) of such title.
596.
Military salute
during recitation of pledge of allegiance by members of the Armed Forces not in
uniform and by veterans
Section 4 of title 4,
United States Code, is amended by adding at the end the following new sentence:
Members of the Armed Forces not in uniform and veterans may render the
military salute in the manner provided for persons in uniform..
597.
Provision of service
records
(a)
In
general
In accordance with
subsection (b), the Secretary of Defense, in consultation with the Secretary of
Veterans Affairs, shall make the covered records of each member of the Armed
Forces available to the Secretary of Veterans Affairs in an electronic
format.
(b)
Timeline
The Secretary of Defense shall ensure that
the covered records of members are made available to the Secretary of Veterans
Affairs as follows:
(1) With respect to a member of the Armed
Forces who was discharged or released from the Armed Forces during the period
beginning on September 11, 2001, and ending on the day before the date of the
enactment of this Act, not later than 120 days after the date of such discharge
or release.
(2) With respect to a member of the Armed
Forces who is discharged or released from the Armed Forces on or after the date
of the enactment of this Act, not later than 90 days after the date of such
discharge or release.
(c)
Certification
For
each member of the Armed Forces whose covered records are made available under
subsection (a), the Secretary of Defense shall transmit to the Secretary of
Veterans Affairs a letter certifying that—
(1) the Secretary of
Defense thoroughly reviewed the records of the member;
(2) the information
provided in the covered records of such member is complete as of the date of
the letter;
(3) no other
information that should be included in such covered records exist as of such
date; and
(4) if other
information is later discovered—
(A) such other
information will be added to such covered records; and
(B) the Secretary of
Defense will notify the Secretary of Veterans Affairs of such addition.
(d)
Sharing of
protected health information
For purposes of the regulations promulgated
under section 264(c) of the Health Insurance Portability and Accountability Act
of 1996 (42
U.S.C. 1320d–2 note), making medical records available to the
Secretary of Veterans Affairs under subsection (a) shall be treated as a
permitted disclosure.
(e)
Currently
available records
The
Secretary of Veterans Affairs, in consultation with the Secretary of Defense,
shall ensure that the covered records of members of the Armed Forces that are
available to the Secretary as of the date of the enactment of this Act are made
electronically accessible and available in real-time to the Veterans Benefits
Administration.
(f)
Covered records
defined
In this section, the term covered records
means, with respect to a member of the Armed Forces—
(1) service treatment records;
(2) accompanying
personal records;
(3) relevant unit
records; and
(4) medical records
created by reason of treatment or services received pursuant to
chapter 55 of title 10,
United States Code.
598.
Sense of
Congress regarding the recovery of the remains of certain members of the Armed
Forces killed in Thurston Island, Antarctica
(a)
Findings
Congress makes the following
findings:
(1) Commencing August
26, 1946, though late February 1947 the United States Navy Antarctic
Developments Program Task Force 68, codenamed Operation Highjump
initiated and undertook the largest ever-to-this-date exploration of the
Antarctic continent.
(2) The primary mission of the Task Force 68
organized by Rear Admiral Richard E. Byrd Jr. USN, (Ret) and led by Rear
Admiral Richard H. Cruzen, USN, was to do the following:
(A) Establish the Antarctic research base
Little America IV.
(B) In the defense of
the United States of America from possible hostile aggression from abroad—to
train personnel test equipment, develop techniques for establishing,
maintaining and utilizing air bases on ice, with applicability comparable to
interior Greenland, where conditions are similar to those of the
Antarctic.
(C) Map and photograph
a full two-thirds of the Antarctic Continent during the classified, hazardous
duty/volunteer-only operation involving 4700 sailors, 23 aircraft and 13 ships
including the first submarine the U.S.S. Sennet, and the aircraft carrier the
U.S.S. Philippine Sea, brought to the edge of the ice pack to launch (6) Navy
ski-equipped, rocket-assisted R4Ds.
(D) Consolidate and
extend United States sovereignty over the largest practicable area of the
Antarctic continent.
(E) Determine the
feasibility of establishing, maintaining and utilizing bases in the Antarctic
and investigating possible base sites.
(3) While on a
hazardous duty/all volunteer mission vital to the interests of National
Security and while over the eastern Antarctica coastline known as the Phantom
Coast, the PBM–5 Martin Mariner Flying BoatGeorge
1 entered a whiteout over Thurston Island. As the pilot attempted to
climb, the aircraft grazed the glacier’s ridgeline and exploded within 5
seconds instantly killing Ensign Maxwell Lopez, Navigator and Wendell
Bud Hendersin, Aviation Machinists Mate 1st Class while
Frederick Williams, Aviation Radioman 1st Class died several hours later. Six
other crewmen survived including the Captain of the George 1’s
seaplane tender U.S.S. Pine Island.
(4) The bodies of the
dead were protected from the desecration of Antarctic scavenging birds (Skuas)
by the surviving crew wrapping the bodies and temporarily burying the men under
the starboard wing engine nacelle.
(5) Rescue
requirements of the George–1 survivors forced the abandonment of
their crewmates’ bodies.
(6) Conditions prior
to the departure of Task Force 68 precluded a return to the area to the recover
the bodies.
(7) For nearly 60
years Navy promised the families that they would recover the men: If the
safety, logistical, and operational prerequisites allow a mission in the
future, every effort will be made to bring our sailors home..
(8) The Joint POW/MIA
Accounting Command twice offered to recover the bodies of this crew for
Navy.
(9) A
2004 NASA ground penetrating radar overflight commissioned by Navy relocated
the crash site three miles from its crash position.
(10) The Joint POW/MIA
Accounting Command offered to underwrite the cost of an aerial ground
penetrating radar (GPR) survey of the crash site area by NASA.
(11) The Joint POW/MIA
Accounting Command studied the recovery with the recognized recovery
authorities and national scientists and determined that the recovery is only
medium risk.
(12) National Science
Foundation and scientists from the University of Texas, Austin, regularly visit
the island.
(13) The crash site is
classified as a perishable site, meaning a glacier that will
calve into the Bellingshausen Sea.
(14) The National
Science Foundation maintains a presence in area—of the Pine Island
Glacier.
(15) The National
Science Foundation Director of Polar Operations will assist and provide assets
for the recovery upon the request of Congress.
(16) The United States
Coast Guard is presently pursuing the recovery of 3 WWII air crewmen from
similar circumstances in Greenland.
(17) On Memorial Day,
May 25, 2009, President Barack Obama declared: * * * the support of our
veterans is a sacred trust * * * we need to serve them as they have served us *
* * that means bringing home all our POWs and MIAs * * *.
(18) The policies and
laws of the United States of America require that our armed service personnel
be repatriated.
(19) The fullest
possible accounting of United States fallen military personnel means
repatriating living American POWs and MIAs, accounting for, identifying, and
recovering the remains of military personnel who were killed in the line of
duty, or providing convincing evidence as to why such a repatriation,
accounting, identification, or recovery is not possible.
(20) It is the
responsibility of the Federal Government to return to the United States for
proper burial and respect all members of the Armed Forces killed in the line of
duty who lie in lost graves.
(b)
Sense of
congress
In light of the findings under subsection (a),
Congress—
(1) reaffirms its
support for the recovery and return to the United States, the remains and
bodies of all members of the Armed Forces killed in the line of duty, and for
the efforts by the Joint POW-MIA Accounting Command to recover the remains of
members of the Armed Forces from all wars, conflicts and missions;
(2) recognizes the
courage and sacrifice of all members of the Armed Forces who participated in
Operation Highjump and all missions vital to the national security of the
United States of America;
(3) acknowledges the
dedicated research and efforts by the US Geological Survey, the National
Science Foundation, the Joint POW/MIA Accounting Command, the Fallen American
Veterans Foundation and all persons and organizations to identify, locate, and
advocate for, from their temporary Antarctic grave, the recovery of the
well-preserved frozen bodies of Ensign Maxwell Lopez, Naval Aviator, Frederick
Williams, Aviation Machinist’s Mate 1ST Class, Wendell Hendersin, Aviation
Radioman 1ST Class of the George 1 explosion and crash;
and
(4) encourages the
Department of Defense to review the facts, research and to pursue new efforts
to undertake all feasible efforts to recover, identify, and return the
well-preserved frozen bodies of the George 1 crew from
Antarctica’s Thurston Island.
599.
Gifts made for
the benefit of military musical units
Section 974 of title
10, United States Code, is amended—
(1) by redesignating
subsections (d) and (e) as subsections (e) and (f), respectively; and
(2) by inserting after
subsection (c) the following:
(d)
Performances
funded by private donation
Notwithstanding section 2601(c) of this
title, any gift made to the Secretary of Defense under section 2601 on the
condition that such gift be used for the benefit of a military musical unit
shall be credited to the appropriation or account providing the funds for such
military musical unit. Any amount so credited shall be merged with amounts in
the appropriation or account to which credited, and shall be available for the
same purposes, and subject to the same conditions and limitations, as amounts
in such appropriation or
account.
.
VI
Compensation and
Other Personnel Benefits
A
Pay and
Allowances
601.
Extension of
authority to provide temporary increase in rates of basic allowance for housing
under certain circumstances
Section 403(b)(7)(E)
of title 37, United States Code, is amended by striking December 31,
2013 and inserting December 31, 2014.
602.
Recognition of
additional means by which members of the National Guard called into Federal
service for a period of 30 days or less may initially report for duty for
entitlement to basic pay
Section 204(c) of
title 37, United States Code, is amended—
(1) in the first
sentence, by striking date when he appears at the place of company
rendezvous and inserting date on which the member, in person or
by authorized telephonic or electronic means, contacts the member’s
unit; and
(2) by striking the second sentence and
inserting the following new sentence: However, this subsection does not
authorize any expenditure before the member makes authorized contact that is
not authorized by law to be paid after such authorized contact..
B
Bonuses and
Special and Incentive Pays
611.
One-year
extension of certain bonus and special pay authorities for reserve
forces
The following sections
of title 37, United States Code, are amended by striking December 31,
2013 and inserting December 31, 2014:
(1) Section 308b(g),
relating to Selected Reserve reenlistment bonus.
(2) Section 308c(i),
relating to Selected Reserve affiliation or enlistment bonus.
(3) Section 308d(c),
relating to special pay for enlisted members assigned to certain high-priority
units.
(4) Section
308g(f)(2), relating to Ready Reserve enlistment bonus for persons without
prior service.
(5) Section 308h(e),
relating to Ready Reserve enlistment and reenlistment bonus for persons with
prior service.
(6) Section 308i(f),
relating to Selected Reserve enlistment and reenlistment bonus for persons with
prior service.
(7) Section 478a(e), relating to reimbursement
of travel expenses for inactive-duty training outside of normal commuting
distance.
(8) Section 910(g), relating to income
replacement payments for reserve component members experiencing extended and
frequent mobilization for active duty service.
612.
One-year
extension of certain bonus and special pay authorities for health care
professionals
(a)
Title 10
authorities
The following sections of title 10, United States
Code, are amended by striking December 31, 2013 and inserting
December 31, 2014:
(1) Section
2130a(a)(1), relating to nurse officer candidate accession program.
(2) Section 16302(d),
relating to repayment of education loans for certain health professionals who
serve in the Selected Reserve.
(b)
Title 37
authorities
The following sections of title 37, United States
Code, are amended by striking December 31, 2013 and inserting
December 31, 2014:
(1) Section 302c–1(f),
relating to accession and retention bonuses for psychologists.
(2) Section
302d(a)(1), relating to accession bonus for registered nurses.
(3) Section
302e(a)(1), relating to incentive special pay for nurse anesthetists.
(4) Section 302g(e),
relating to special pay for Selected Reserve health professionals in critically
short wartime specialties.
(5) Section
302h(a)(1), relating to accession bonus for dental officers.
(6) Section 302j(a),
relating to accession bonus for pharmacy officers.
(7) Section 302k(f),
relating to accession bonus for medical officers in critically short wartime
specialties.
(8) Section 302l(g),
relating to accession bonus for dental specialist officers in critically short
wartime specialties.
613.
One-year
extension of special pay and bonus authorities for nuclear
officers
The following
sections of title 37, United States Code, are amended by striking
December 31, 2013 and inserting December 31,
2014:
(1) Section 312(f),
relating to special pay for nuclear-qualified officers extending period of
active service.
(2) Section 312b(c),
relating to nuclear career accession bonus.
(3) Section 312c(d),
relating to nuclear career annual incentive bonus.
614.
One-year
extension of authorities relating to title 37 consolidated special pay,
incentive pay, and bonus authorities
The following sections of title 37, United
States Code, are amended by striking December 31, 2013 and
inserting December 31, 2014:
(1) Section 331(h),
relating to general bonus authority for enlisted members.
(2) Section 332(g),
relating to general bonus authority for officers.
(3) Section 333(i),
relating to special bonus and incentive pay authorities for nuclear
officers.
(4) Section 334(i),
relating to special aviation incentive pay and bonus authorities for
officers.
(5) Section 335(k),
relating to special bonus and incentive pay authorities for officers in health
professions.
(6) Section 351(h),
relating to hazardous duty pay.
(7) Section 352(g),
relating to assignment pay or special duty pay.
(8) Section 353(i),
relating to skill incentive pay or proficiency bonus.
(9) Section 355(h),
relating to retention incentives for members qualified in critical military
skills or assigned to high priority units.
615.
One-year
extension of authorities relating to payment of other title 37 bonuses and
special pays
The following
sections of title 37, United States Code, are amended by striking
December 31, 2013 and inserting December 31,
2014:
(1) Section 301b(a),
relating to aviation officer retention bonus.
(2) Section 307a(g),
relating to assignment incentive pay.
(3) Section 308(g),
relating to reenlistment bonus for active members.
(4) Section 309(e),
relating to enlistment bonus.
(5) Section 324(g),
relating to accession bonus for new officers in critical skills.
(6) Section 326(g),
relating to incentive bonus for conversion to military occupational specialty
to ease personnel shortage.
(7) Section 327(h),
relating to incentive bonus for transfer between armed forces.
(8) Section 330(f),
relating to accession bonus for officer candidates.
616.
One-year
extension of authority to provide incentive pay for members of precommissioning
programs pursuing foreign language proficiency
Section 316a(g) of
title 37, United States Code is amended by striking December 31,
2013 and inserting December 31, 2014.
617.
Authority to
provide bonus to certain cadets and midshipmen enrolled in the Senior Reserve
Officers’ Training Corps
(a)
Bonus
authorized
Chapter
5 of title 37, United States Code, is amended by inserting
after section
335 the following new section:
336.
Contracting
bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’
Training Corps
(a)
Contracting
bonus authorized
The
Secretary concerned may pay a bonus under this section to a cadet or midshipman
enrolled in the Senior Reserve Officers’ Training Corps who executes a written
agreement described in subsection (c).
(b)
Amount of
bonus
The amount of a bonus under subsection (a) may not exceed
$5,000.
(c)
Agreement
A
written agreement referred to in subsection (a) is a written agreement by the
cadet or midshipman—
(1) to complete field training or a practice
cruise under section
2104(b)(6)(A)(ii) of title 10;
(2) to complete
advanced training under
chapter 103 of title
10;
(3) to accept a
commission or appointment as an officer of the armed forces; and
(4) to serve on active
duty.
(d)
Payment
method
Upon acceptance of a written agreement under subsection
(a) by the Secretary concerned, the total amount of the bonus payable under the
agreement becomes fixed. The agreement shall specify when the bonus will be
paid and whether the bonus will be paid in a lump sum or in
installments.
(e)
Repayment
A person who, having received all or part
of a bonus under subsection (a), fails to fulfill the terms of the written
agreement required by such subsection for receipt of the bonus shall be subject
to the repayment provisions of section 373 of this title.
(f)
Regulations
The Secretary concerned shall issue such
regulations as may be necessary to carry out this section.
(g)
Termination of
authority
No agreement under this section may be entered into
after December 31,
2015.
.
(b)
Clerical
amendment
The table of
sections at the beginning of such chapter is amended by inserting after the
item relating to section 335 the following new item:
336. Contracting bonus for cadets and
midshipmen enrolled in the Senior Reserve Officers’ Training
Corps.
.
C
Disability,
Retired Pay, Survivor, and Transitional Benefits
621.
Transitional
compensation and other benefits for dependents of certain members separated for
violation of the Uniform Code of Military Justice
(a)
In
general
Chapter
53 of title 10, United States Code, is amended by inserting
after section
1059 the following new section:
1059a.
Dependents of
certain members separated for Uniform Code of Military Justice offenses:
transitional compensation; commissary and exchange benefits
(a)
Authority To pay
compensation
The Secretary of Defense, with respect to the armed
forces (other than the Coast Guard when it is not operating as a service in the
Navy), and the Secretary of Homeland Security, with respect to the Coast Guard
when it is not operating as a service in the Navy, may each establish a program
under which the Secretary may pay monthly transitional compensation in
accordance with this section to dependents or former dependents of a member of
the armed forces described in subsection (b) who is under the jurisdiction of
the Secretary.
(b)
Members and
punitive actions covered
This section applies in the case of a
member of the armed forces who, after completing more than 20 years of active
service or more than 20 years of service computed under section 12732 of this
title—
(1) is convicted by court-martial of an offense
under chapter 47 of this title (the Uniform Code of Military Justice);
(2) is separated from active duty pursuant to
the sentence of the court-martial; and
(3) forfeits all pay
and allowances pursuant to the sentence of the court-martial.
(c)
Recipient of
payments
(1) In the case of a member of the armed forces
described in subsection (b), the Secretary may pay compensation under this
section to dependents or former dependents of the member as follows:
(A) If the member was married at the time
of the commission of the offense resulting in separation from the armed forces,
such compensation may be paid to the spouse or former spouse to whom the member
was married at that time, including an amount for each, if any, dependent child
of the member who resides in the same household as that spouse or former
spouse.
(B) If there is a spouse or former spouse
who is or, but for subsection (d)(2), would be eligible for compensation under
this section and if there is a dependent child of the member who does not
reside in the same household as that spouse or former spouse, compensation
under this section may be paid to each such dependent child of the member who
does not reside in that household.
(C) If there is no spouse or former spouse
who is or, but for subsection (d)(2), would be eligible under this section,
compensation under this section may be paid to the dependent children of the
member.
(2) A
dependent or former dependent of a member described in subsection (b) is not
eligible for transitional compensation under this section if the Secretary
concerned determines (under regulations prescribed under subsection (g)) that
the dependent or former dependent was an active participant in the conduct
constituting the offense under chapter 47 of this title (the Uniform Code of
Military Justice) for which the member was convicted and separated from the
armed forces.
(d)
Commencement and
duration of payment
(1) If provided under this
section, the payment of transitional compensation under this section shall
commence—
(A) as of the date the
court-martial sentence is adjudged if the sentence, as adjudged,
includes—
(i) a
dismissal, dishonorable discharge, or bad conduct discharge; and
(ii) forfeiture of all
pay and allowances; or
(B) if there is a
pretrial agreement that provides for disapproval or suspension of the
dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all
pay and allowances, as of the date of the approval of the court-martial
sentence by the person acting under section 860(c) of this title (article 60(c)
of the Uniform Code of Military Justice) if the sentence, as approved,
includes—
(i) an
unsuspended dismissal, dishonorable discharge, or bad conduct discharge;
and
(ii) forfeiture of all
pay and allowances.
(2) Paragraphs (2) and (3) of subsection
(e), paragraphs (1) and (2) of subsection (g), and subsections (f) and (h) of
section 1059 of this title shall apply in determining—
(A) the amount of transitional compensation to
be paid under this section;
(B) the period for which such compensation
may be paid; and
(C) the circumstances under which the
payment of such compensation may or will cease.
(e)
Commissary and
exchange benefits
A dependent
or former dependent who receives transitional compensation under this section
shall, while receiving such payments, be entitled to use commissary and
exchange stores in the same manner as provided in subsection (j) of section
1059 of this title.
(f)
Coordination of
benefits
The Secretary concerned may not make payments to a
spouse or former spouse under both this section and section 1059 or 1408(h)(1)
of this title. In the case of a spouse or former spouse for whom a court order
provides for payments by the Secretary pursuant to section 1408(h)(1) of this
title and to whom the Secretary offers payments under this section or section
1059, the spouse or former spouse shall elect which payments to receive.
(g)
Regulations
If the Secretary of Defense (or the
Secretary of Homeland Security with respect to the Coast Guard when it is not
operating as a service in the Navy) establishes a program to provide
transitional compensation under this section, that Secretary shall prescribe
regulations to carry out the program.
(h)
Dependent child
defined
In this section, the
term dependent child, with respect to a member or former member of
the armed forces referred to in subsection (b), has the meaning given such term
in subsection (l) of section 1059 of this title, except that status as a
dependent child shall be determined as of the date on which the
member described in subsection (b) is convicted of the offense
concerned.
.
(b)
Clerical
amendment
The table of sections at the beginning of chapter 53 of
such title is amended by inserting after the item relating to section 1059 the
following new item:
1059a. Dependents of certain members separated for Uniform Code
of Military Justice offenses: transitional compensation; commissary and
exchange
benefits.
.
(c)
Conforming
amendment
Subsection (i) of
section
1059 of title 10, United States Code, is amended to read as
follows:
(i)
Coordination of
benefits
The Secretary concerned may not make payments to a
spouse or former spouse under both this section and
section
1059a or
1408(h)(1) of this title. In the
case of a spouse or former spouse for whom a court order provides for payments
by the Secretary pursuant to
section
1408(h)(1) of this title and to whom the Secretary offers
payments under this section or section 1059a, the spouse or former spouse shall
elect which payments to
receive.
.
622.
Prevention of
retired pay inversion for members whose retired pay is computed using
high-three average
(a)
Clarification of
rule for members who became members on or after September 8,
1980
Section 1401a(f)(1) of title 10,
United States Code, is amended—
(1) by striking
Notwithstanding any other provision of law, the monthly retired pay of a
member or a former member of an armed force and inserting the
following:
(A)
Members with
retired pay computed using final basic pay
The monthly retired pay of a member or
former member of an armed force who first became a member of a uniformed
service before September 8, 1980, and
;
and
(2) by adding at the
end the following new subparagraph:
(B)
Members with
retired pay computed using high-three
Subject to subsections (d)
and (e), the monthly retired pay of a member or former member of an armed force
who first became a member of a uniformed service on or after September 8, 1980,
may not be less, on the date on which the member or former member initially
becomes entitled to such pay, than the monthly retired pay to which the member
or former member would be entitled on that date if the member or former member
had become entitled to retired pay on an earlier date, adjusted to reflect any
applicable increases in such pay under this section. However, in the case of a
member or former member whose retired pay is computed subject to section
1407(f) of this title, subparagraph (A) (rather than the preceding sentence)
shall apply in the same manner as if the member or former member first became a
member of a uniformed service before September 8, 1980, but only with respect
to a calculation as of the date on which the member or former member first
became entitled to retired
pay.
.
(b)
Applicability
Subparagraph (B) of
section
1401a(f)(1) of title 10, United States Code, as added by
subsection (a)(2), applies to the computation of retired pay or retainer pay of
any member or former member of an Armed Force who first became a member of a
uniformed service on or after September 8, 1980, regardless of the date on
which the member first becomes entitled to retired or retainer pay.
D
Commissary and
Nonappropriated Fund Instrumentality Benefits and Operations
631.
Expansion of
protection of employees of nonappropriated fund instrumentalities from
reprisals
Section 1587(b) of
title 10, United States Code, is amended by striking take or fail to
take and inserting take, threaten to take, or fail to
take.
632.
Purchase of
sustainable products, local food products, and recyclable materials for resale
in commissary and exchange store systems
(a)
Improved
purchasing efforts
Section 2481(c) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
(3)
(A) The governing body established pursuant to
paragraph (2) shall endeavor to increase the purchase for resale at commissary
stores and exchange stores of sustainable products, local food products, and
recyclable materials.
(B) As part of its efforts under
subparagraph (A), the governing body shall develop—
(i) guidelines for the identification of
fresh meat, poultry, seafood, and fish, fresh produce, and other products
raised or produced through sustainable methods; and
(ii) goals, applicable to all commissary stores
and exchange stores world-wide, to maximize, to the maximum extent practical,
the purchase of sustainable products, local food products, and recyclable
materials by September 30,
2018.
.
(b)
Deadline for
establishment and guidelines
The initial guidelines required by
paragraph (3)(B)(i) of
section
2481(c) of title 10, United States Code, as added by subsection
(a), shall be issued not later than two years after the date of the enactment
of this Act.
633.
Correction of
obsolete references to certain nonappropriated fund
instrumentalities
Section 2105(c) of
title 5, United States Code, is amended by striking Army and Air Force
Motion Picture Service, Navy Ship’s Stores Ashore and inserting
Navy Ships Stores Program.
634.
Exchange store
system participation in the Accord on Fire and Building Safety in
Bangladesh
(a)
Special
procurement guidance for garments manufactured in Bangladesh
The senior official of the Department of
Defense designated pursuant to section 2481(c) to oversee the defense
commissary system and the exchange store system shall require, consistent with
applicable international agreements, that the exchange store system—
(1) for the purchase of garments manufactured
in Bangladesh for the private label brands of the exchange store system,
becomes a signatory of or otherwise complies with applicable requirements set
forth in the Accord on Fire and Building Safety in Bangladesh;
(2) for the purchase of licensed apparel
manufactured in Bangladesh, gives a preference to licensees that are
signatories to the Accord on Fire and Building Safety in Bangladesh; and
(3) for the purchase of garments manufactured
in Bangladesh from retail suppliers, gives a preference to retail suppliers
that are signatories to the Accord on Fire and Building Safety in Bangladesh.
(b)
Notice of
exceptions
If any garments
manufactured in Bangladesh are purchased from suppliers that are not
signatories to the Accord on Fire and Building Safety in Bangladesh, the
Department of Defense official referred to in subsection (a) shall notify
Congress of the purchase and the reasons therefor.
(c)
Effective
date
The requirements imposed
by this section shall take effect 90 days after the date of the enactment of
this Act or as soon after that date as the Secretary of Defense determines to
be practicable so as to avoid disruption in garment supplies for the exchange
store system.
E
Other
Matters
641.
Authority to
provide certain expenses for care and disposition of human remains retained by
the Department of Defense for forensic pathology investigation
(a)
Disposition of
remains of persons whose death is investigated by the armed forces medical
examiner
(1)
Covered
decedents
Section 1481(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
(10) To the extent
authorized under section 1482(g) of this title, any
person not otherwise covered by the preceding paragraphs whose remains (or
partial remains) have been retained by the Secretary concerned for purposes of
a forensic pathology investigation by the Armed Forces Medical Examiner under
section
1471 of this
title.
.
(2)
Authorized
expenses relating to care and disposition of remains
Section 1482
of such title is amended by adding at the end the following new
subsection:
(g)
(1) The payment of expenses
incident to the recovery, care, and disposition of the remains of a decedent
covered by section 1481(a)(10) of this title is limited to those expenses that,
as determined under regulations prescribed by the Secretary of Defense, would
not have been incurred but for the retention of those remains for purposes of a
forensic pathology investigation by the Armed Forces Medical Examiner under
section 1471 of this title. The Secretary concerned shall pay all other
expenses authorized to be paid under this section only on a reimbursable basis.
Amounts reimbursed to the Secretary concerned under this subsection shall be
credited to appropriations available at the time of reimbursement for the
payment of such expenses.
(2) In a case covered by paragraph (1),
if the person designated under subsection (c) to direct disposition of the
remains of a decedent does not direct disposition of the remains that were
retained for the forensic pathology investigation, the Secretary may pay for
the transportation of those remains to, and interment or inurnment of those
remains in, an appropriate place selected by the Secretary, in lieu of the
transportation authorized to be paid under subsection (a)(8).
(3) In a case covered by paragraph (1),
expenses that may be paid do not include expenses with respect to an escort
under subsection (a)(8), whether or not on a reimbursable
basis.
.
(b)
Clarification of
coverage of inurnment
Section 1482(a)(9) of such title is amended
by inserting or inurnment after Interment.
(c)
Technical
amendment
Section 1482(f) of such title is amended in the third
sentence by striking this subsection and inserting this
section.
642.
Provision of
status under law by honoring certain members of the reserve components as
veterans
(a)
Veteran
status
(1)
In
general
Chapter 1 of title 38, United
States Code, is amended by inserting after
section
107 the following new section:
107A.
Honoring as
veterans certain persons who performed service in the reserve
components
Any person who is
entitled under
chapter 1223 of title 10 to
retired pay for nonregular service or, but for age, would be entitled under
such chapter to retired pay for nonregular service shall be honored as a
veteran but shall not be entitled to any benefit by reason of this
section.
.
(2)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 107 the following
new item:
107A. Honoring as veterans certain persons
who performed service in the reserve
components.
.
(b)
Clarification
regarding benefits
No person may receive any benefit under the
laws administered by the Secretary of Veterans Affairs solely by reason of
section
107A of title 38, United States Code, as added by subsection
(a).
643.
Survey of
military pay and benefits preferences
(a)
Survey
required
The Secretary of Defense shall carry out a anonymous
survey of random members of the Armed Forces regarding military pay and
benefits.
(b)
Content of
survey
A survey under this
section shall be conducted for the purpose of soliciting information on the
following:
(1) The value that members of the Armed Forces
place on the following forms of compensation relative to one another:
(A) Basic pay.
(B) Allowances for
housing and subsistence.
(C) Bonuses and
special pays.
(D) Dependent
healthcare benefits.
(E) Healthcare
benefits for retirees under 65 years old.
(F) Healthcare
benefits for Medicare-eligible retirees.
(G) Retirement
pay.
(2) How the members
value different levels of pay or benefits, including the impact of co-payments
or deductibles on the value of benefits.
(3) Any other issues
related to military pay and benefits as the Secretary of Defense considers
appropriate.
(4) How information
collected pursuant to a previous paragraph varies by age, rank, dependent
status, and other factors the Secretary of Defense considers
appropriate.
(c)
Submission of
results
Upon the completion of a survey conducted under this
section, the Secretary of Defense shall submit to Congress and make publicly
available a report containing the results of the survey, including both the
analyses and the raw data collected.
644.
Transportation on
military aircraft on a space-available basis for disabled veterans with a
service-connected, permanent disability rated as total
(a)
Availability of
transportation
Section 2641b of
title 10, United States Code, as amended by section 622 of National Defense
Authorization Act for Fiscal Year 2013, is further amended—
(1) by redesignating
subsection (f) as subsection (g); and
(2) by inserting after
subsection (e) the following new subsection (f):
(f)
Special priority
for certain disabled veterans
(1) The Secretary of Defense shall provide, at
no additional cost to the Department of Defense and with no aircraft
modification, transportation on scheduled and unscheduled military flights
within the continental United States and on scheduled overseas flights operated
by the Air Mobility Command on a space-available basis for any veteran with a
service-connected, permanent disability rated as total.
(2) Notwithstanding subsection (d)(1), in
establishing space-available transportation priorities under the travel
program, the Secretary shall provide transportation under paragraph (1) on the
same basis as such transportation is provided to members of the armed forces
entitled to retired or retainer pay.
(3) The requirement to provide transportation
on Department of Defense aircraft on a space-available basis on the priority
basis described in paragraph (2) to veterans covered by this subsection applies
whether or not the travel program is established under this section.
(4) In this subsection, the terms
veteran and service-connected have the meanings given
those terms in section 101 of title
38.
.
(b)
Effective
date
Subsection (f) of
section
2641b of title 10, United States Code, as added by subsection
(a), shall take effect at the end of the 90-day period beginning on the date of
the enactment of this Act.
VII
Health Care
Provisions
A
Improvements to
Health Benefits
701.
Mental health
assessments for members of the Armed Forces
(a)
In
general
Section 1074m of title 10, United
States Code, is amended—
(1) in subsection
(a)(1)—
(A) by redesignating
subparagraph (B) and (C) as subparagraph (C) and (D), respectively; and
(B) by inserting after
subparagraph (A) the following:
(B) Once during each
180-day period during which a member is
deployed.
;
and
(2) in subsection
(c)(1)(A)—
(A) in clause (i), by
striking ; and and inserting a semicolon;
(B) by redesignating
clause (ii) as clause (iii); and
(C) by inserting after
clause (i) the following:
(ii) by personnel in
deployed units whose responsibilities include providing unit health care
services if such personnel are available and the use of such personnel for the
assessments would not impair the capacity of such personnel to perform higher
priority tasks;
and
.
(b)
Conforming
amendment
Section 1074m(a)(2) of title 10,
United States Code, is amended by striking subparagraph (B) and
(C) and inserting subparagraph (C) and (D).
702.
Periodic mental
health assessments for members of the Armed Forces
(a)
In
general
Chapter
55 of title 10, United States Code, is amended by inserting
after section
1074m the following new section:
1074n.
Periodic
mental health assessments for members of the armed forces
(a)
In
general
The Secretary of
Defense shall provide periodic, person-to-person mental health assessments to
each member of the armed forces serving on active duty.
(b)
Frequency
The
Secretary shall determine the frequency of the mental health assessments
provided under subsection (a).
(c)
Elements
(1) The mental health assessments provided
under subsection (a) shall meet the requirements for mental health assessments
as described in section 1074m(c)(1) of this title.
(2) The Secretary may treat health assessments
and other person-to-person assessments that are provided to members of the
armed forces, including examinations under sections 1074f and 1074m of this
title, as meeting the requirements for mental health assessments required under
subsection (a) if the Secretary determines that such assessments and
person-to-person assessments meet the requirements for mental health
assessments established by this section.
(d)
Sharing of
information
Section 1074m(e) of this title, regarding the sharing
of information with the Secretary of Veterans Affairs, shall apply to mental
health assessments provided under subsection (a).
(e)
Regulations
The Secretary of Defense, in consultation
with the other administering Secretaries, shall prescribe regulations for the
administration of this
section.
.
(b)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1074m the following
new item:
1074n. Periodic mental health assessments
for members of the armed
forces.
.
703.
Behavioral
health treatment of developmental disabilities under TRICARE
(a)
In
general
Section 1077 of
title 10, United States Code, is amended by adding at the end the following new
subsection:
(g)
(1) Subject to paragraph (3)(A), in providing
health care under subsection (a), the treatment of developmental disabilities
(as defined by section 102(8) of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15002(8))), including
autism spectrum disorder, shall include behavioral health treatment, including
applied behavior analysis, when prescribed by a physician.
(2) In carrying out this subsection, the
Secretary shall ensure that—
(A) except as provided by subparagraph (B), a
person who is authorized to provide behavioral health treatment is licensed or
certified by a State or accredited national certification board; and
(B) applied behavior analysis or other
behavioral health treatment may be provided by an employee, contractor, or
trainee of a person described in subparagraph (A) if the employee, contractor,
or trainee meets minimum qualifications, training, and supervision requirements
as set forth by the Secretary.
(3)
(A) This subsection shall not apply to—
(i) a medicare eligible beneficiary (as
defined in section
1111(b) of this title); or
(ii) a
covered beneficiary who is a beneficiary by reason of being a retired member of
the Coast Guard, the Commissioned Corp of the National Oceanic and Atmospheric
Administration, or the Commissioned Corp of the Public Health Service, or by
being a dependent of such a retired member.
(B) Except as provided in subparagraph (A),
nothing in this subsection shall be construed as limiting or otherwise
affecting the benefits otherwise provided to a covered beneficiary
under—
(i) this chapter;
(ii) title XVIII of the Social Security
Act (42 U.S.C. 1395
et seq.); or
(iii) any other
law.
.
(b)
Funding
(1)
Increase
Notwithstanding
the amounts set forth in the funding tables in division D, the amount
authorized to be appropriated in section 1406 for the Defense Health Program,
as specified in the corresponding funding table in section 4501, for Private
Sector Care is hereby increased by $60,000,000.
(2)
Offset
Notwithstanding
the amounts set forth in the funding tables in division D, the amount
authorized to be appropriated in section 4301 for operation and maintenance, as
specified in the corresponding funding table in section 4301, for the Office of
the Secretary of Defense (Line 280) is hereby reduced by $60,000,000.
704.
Extension of
Transitional Assistance Management Program
(a)
Telemedicine
In carrying out the Transitional Assistance
Management Program, the Secretary of Defense shall extend the coverage of such
program to individuals by an additional 180 days for treatment provided through
telemedicine.
(b)
Mental health
care and behavioral services
(1)
In
general
The Secretary shall
extend the coverage of the Transitional Assistance Management Program for
covered treatment to covered individuals for a period determined necessary by a
health care professional treating the covered individual.
(2)
Definitions
In
this subsection:
(A) The term covered individual
means an individual who—
(i) during the initial
180-day period of being enrolled in the Transitional Assistance Management
Program, received any mental health care treatment or covered treatment;
or
(ii) during the
one-year period preceding separation or discharge from the Armed Forces,
received any mental health care treatment.
(B) The term
covered treatment means behavioral services provided through
telemedicine.
(3)
Sunset
The authority of the Secretary to carry out
paragraph (1) shall terminate on December 31, 2018, if the Secretary determines
that by that date the suicide rates for both members of the Armed Forces
serving on active duty and for members of a reserve component are 50 percent
less than such rates as of December 31, 2012.
(c)
Telemedicine
defined
In this section, the
term telemedicine means the use by a health care provider of
telecommunications to assist in the diagnosis or treatment of a patient's
medical condition, including for behavioral services.
705.
Comprehensive
policy on improvements to care and transition of service members with
urotrauma
(a)
Comprehensive
policy required
(1)
In
general
Not later than January 1, 2014, the Secretary of Defense
and the Secretary of Veterans Affairs shall jointly develop and implement a
comprehensive policy on improvements to the care, management, and transition of
recovering service members with urotrauma.
(2)
Scope of
policy
The policy shall cover each of the following:
(A) The care and management of the specific
needs of service members who are urotrauma patients, including eligibility for
the Recovery Care Coordinator Program pursuant to the Wounded Warrior Act
(10 U.S.C.
1071 note).
(B) The return of
service members who have recovered to active duty when appropriate.
(C) The transition of
recovering service members from receipt of care and services through the
Department of Defense to receipt of care and services through the Department of
Veterans Affairs.
(3)
Consultation
The
Secretary of Defense and the Secretary of Veterans Affairs shall develop the
policy in consultation with the heads of other appropriate departments and
agencies of the Federal Government, with representatives of military service
organizations representing the interests of service members who are urotrauma
patients and with appropriate nongovernmental organizations having an expertise
in matters relating to the policy.
(b)
Report
The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly submit to Congress a report that includes a
review identifying and options for responding to gaps in the care of service
members who are urotrauma patients.
B
Health Care
Administration
711.
Future availability
of TRICARE Prime for certain beneficiaries enrolled in TRICARE
Prime
Section 732 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1816) is amended—
(1) by redesignating
subsection (b) as subsection (c); and
(2) by inserting the
following new subsection:
(b)
Access to
TRICARE Prime
(1)
One-time
election
Subject to paragraph
(3), the Secretary shall ensure that each affected eligible beneficiary who is
enrolled in TRICARE Prime as of September 30, 2013, may make a one-time
election to continue such enrollment in TRICARE Prime, notwithstanding that a
contract described in subsection (a)(2)(A) does not allow for such enrollment
based on the location in which such beneficiary resides. The beneficiary may
continue such enrollment in TRICARE Prime so long as the beneficiary resides in
the same ZIP code as the ZIP Code in which the beneficiary resided at the time
of such election.
(2)
Enrollment in
TRICARE Standard
If an
affected eligible beneficiary makes the one-time election under paragraph (1),
the beneficiary may thereafter elect to enroll in TRICARE Standard at any time
in accordance with a contract described in subsection (a)(2)(A).
(3)
Residence at
time of election
An affected
eligible beneficiary may not make the one-time election under paragraph (1) if,
at the time of such election, the beneficiary does not reside in a ZIP code
that is in a region described in subsection
(c)(1)(B).
.
712.
Cooperative
health care agreements between the military departments and non-military health
care entities
Section 713 of
the National Defense Authorization Act of 2010 (Public Law
111–84;
10 U.S.C.
1073 note) is amended—
(1) in subsection (a),
by striking Secretary of Defense and inserting Secretary
concerned;
(2) in subsection
(b)—
(A) by striking
Secretary shall and inserting Secretary concerned
shall;
(B) in paragraph
(1)(A), by inserting if the Secretary establishing such agreement is the
Secretary of Defense before the semicolon; and
(C) in paragraph (3),
by inserting or the military department concerned after
the Department of Defense; and
(3) by adding at the
end the following new subsection:
(e)
Secretary
concerned defined
In this
section, the term Secretary concerned means—
(1) the Secretary of a
military department; or
(2) the Secretary of
Defense.
.
713.
Limitation on
availability of funds for integrated electronic health record program
(a)
Limitation
Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2014 for procurement or
research, development, test, and evaluation for the Department of Defense for
the integrated electronic health record program, not more than 75 percent may
be obligated or expended until a period of 30 days has elapsed following the
date on which the Secretary of Defense submits to the congressional defense
committees a report detailing an analysis of alternatives for the plan of the
Secretary to proceed with such program.
(b)
Matters
included
The report under subsection (a) shall include the
following:
(1) A description of the key performance
requirements for the integrated electronic health record program
capability.
(2) An analysis of alternatives for how to
acquire and implement an integrated electronic health record capability that
meets such requirements.
(3) An assessment of
the budgetary resources and timeline required for each of the evaluated
alternatives.
(4) A
recommendation by the Secretary with respect to the alternative preferred by
the Secretary.
714.
Pilot program
on increased third-party collection reimbursements in military medical
treatment facilities
(a)
Pilot
program
(1)
In
general
The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall carry out a pilot program to
demonstrate and assess the feasibility of implementing processes described in
paragraph (2) to increase the amounts collected under
section
1095 of title 10, United States Code, from a third-party payer
for charges for health care services incurred by the United States at a
military medical treatment facility.
(2)
Processes
described
The processes
described in this paragraph are revenue-cycle management processes, including
cash-flow management and accounts-receivable processes.
(b)
Requirements
In
carrying out the pilot program under subsection (a)(1), the Secretary
shall—
(1) identify and
analyze the best practice option, including commercial best practices, with
respect to the processes described in subsection (a)(2) that are used in
nonmilitary health care facilities; and
(2) conduct a
cost-benefit analysis to assess measurable results of the pilot program,
including an analysis of—
(A) the different
processes used in the pilot program;
(B) the amount of
third-party collections that resulted from such processes;
(C) the cost to
implement and sustain such processes; and
(D) any other factors
the Secretary determines appropriate to assess the pilot program.
(c)
Locations
The Secretary shall carry out the pilot
program under subsection (a)(1)—
(1) at military
installations that have a military medical treatment facility with inpatient
and outpatient capabilities;
(2) at a number of such installations at
different military departments that the Secretary determines sufficient to
fully assess the results of the pilot program.
(d)
Duration
The
Secretary shall commence the pilot program under subsection (a)(1) by not later
than 270 days after the date of the enactment of this Act and shall carry out
such program for three years.
(e)
Report
Not
later than 180 days after completing the pilot program under subsection (a)(1),
the Secretary shall submit to the congressional defense committees a report
describing the results of the program, including—
(1) a
comparison of—
(A) the processes
described in subsection (a)(2) that were used in the military medical treatment
facilities participating in the program; and
(B) the third-party
collection processes used by military medical treatment facilities not included
in the program;
(2) a
cost analysis of implementing the processes described in subsection (a)(2) for
third-party collections at military medical treatment facilities; and
(3) an assessment of
the program, including any recommendations to improve third-party
collections.
(f)
Additional
report
Not later than 180
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report on the methods,
as of the date of the report, employed by the military departments to collect
charges from third-party payers incurred at military medical treatment
facilities, including specific data with respect to the dollar amount of
third-party collections that resulted from each method currently being used
throughout the military departments. The Secretary shall take into account the
results of such report in evaluating the results of the pilot program under
subsection (a)(1).
C
Other
Matters
721.
Display of budget
information for embedded mental health providers of the reserve
components
(a)
In
general
Chapter
9 of title 10, United States Code, is amended by adding at the
end the following new section:
236.
Embedded mental
health providers of the reserve components: display of budget
information
The Secretary of
Defense shall submit to Congress, as a part of the documentation that supports
the President’s annual budget for the Department of Defense, a budget
justification display with respect to embedded mental health providers within
each reserve component, including the amount requested for each such
component.
.
(b)
Clerical
amendment
The table of
sections at the beginning of such chapter is amended by adding at the end the
following new item:
236. Embedded mental health providers of
the reserve components: display of budget
information.
.
722.
Authority of
Uniformed Services University of Health Sciences to enter into contracts and
agreements and make grants to other nonprofit entities
Section 2113(g)(1)
of title 10, United States Code, is amended—
(1) in subparagraph
(B)—
(A) by inserting
, or any other nonprofit entity after Military
Medicine; and
(B) by inserting
, or nonprofit entity, after such Foundation;
and
(2) in subparagraph
(C)—
(A) by inserting
, or any other nonprofit entity, after Military
Medicine; and
(B) by inserting , or nonprofit
entity, after such foundation.
723.
Mental health
support for military personnel and families
The Secretary of Defense may carry out
collaborative programs to—
(1) respond to the escalating suicide rates and
combat stress related arrest rates of members of the Armed Forces;
(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 the efforts
of the Department of Defense in reducing suicide rates of members of the Armed
Forces.
724.
Research
regarding hydrocephalus
In
conducting the Peer Reviewed Medical Research Program, the Secretary of Defense
may consider selecting medical research projects relating to
hydrocephalus.
725.
Traumatic brain
injury research
The Secretary
of Defense shall carry out research, development, test, and evaluation
activities with respect to traumatic brain injury and psychological health,
including activities regarding drug development to halt neurodegeneration
following traumatic brain injury.
726.
Data sharing
with State adjutant generals to facilitate suicide prevention
efforts
Upon the request of
any adjutant general of a State, the Secretary of Defense shall share the
contact information of members of the Individual Ready Reserve and individual
mobilization augmentees who reside in the State of such adjutant general for
the purpose of conducting suicide prevention outreach efforts.
727.
Increased
collaboration with NIH to combat triple negative breast cancer
The Office of Health of the Department of
Defense shall work in collaboration with the National Institutes of Health
to—
(1) identify specific
genetic and molecular targets and biomarkers for triple negative breast cancer;
and
(2) provide
information useful in biomarker selection, drug discovery, and clinical trials
design that will enable both—
(A) triple negative
breast cancer patients to be identified earlier in the progression of their
disease; and
(B) the development of
multiple targeted therapies for the disease.
728.
Sense of
Congress on mental health counselors for members of the Armed Forces and their
families
It is the sense of
Congress that—
(1) the Secretary of
Defense should develop a plan to ensure a sustainable flow of qualified
counselors to meet the long-term needs of members of the Armed Forces and their
families for counselors; and
(2) the plan should
include the participation of accredited schools and universities, health care
providers, professional counselors, family service or support centers,
chaplains, and other appropriate resources of the Department of Defense.
729.
Report on role of
Department of Veterans Affairs in Department of Defense centers of
excellence
Not later than 60
days after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Armed Services and Veterans’ Affairs
of the House of Representatives and the Committees on Armed Services and
Veterans’ Affairs of the Senate a report on the centers of excellence
established under sections 1621, 1622, and 1623 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110–181;
10 U.S.C.
1071 note). Such report shall include each of the
following:
(1) The amount of
resources that have been obligated by Department of Veterans Affairs in support
of each of the centers since the dates on which they were established,
including the amount of personnel, time, money, and function provided in
support of the centers.
(2) An estimate of the
amount of resources the Secretary expects the Department to dedicate to each of
the centers during each of fiscal years 2014 through 2018.
(3) A
description of the role of the Department within each of the centers.
730.
Preliminary
mental health assessments
Before any individual enlists in the Armed
Forces or is commissioned as an officer in the Armed Forces, the Secretary of
Defense shall provide the individual with a mental health assessment. The
Secretary shall use such results as a baseline for any subsequent mental health
examinations, including such examinations provided under sections
1074f and
1074m of title 10, United States
Code, and section 1074n of such title, as added by section 702.
731.
Sense of
Congress on the traumatic brain injury plan
It is the sense of Congress that—
(1) section 739(b) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1822)
requires the Secretary of Defense to submit a plan to Congress to improve the
coordination and integration of the programs of the Department of Defense that
address traumatic brain injury and the psychological health of members of the
Armed Forces not later than 180 days after the date of the enactment of such
Act;
(2) the requirement to submit the plan is still
in effect and the contents of the plan are still important; and
(3) the Secretary of
Defense should deliver the report within the required time frame.
732.
Report on
memorandum regarding traumatic brain injuries
Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on how the Secretary will identify,
refer, and treat traumatic brain injuries with respect to members of the Armed
Forces who served in Operation Enduring Freedom or Operation Iraqi Freedom
before the date in June 2010 on which the memorandum regarding using a 50-meter
distance from an explosion as a criterion to properly identify, refer, and
treat members for potential traumatic brain injury took effect.
733.
Pilot program
for investigational treatment of members of the Armed Forces for traumatic
brain injury and post-traumatic stress disorder
(a)
Process
The Secretary of Defense shall carry out a
five-year pilot program under which the Secretary shall establish a process
through which the Secretary shall provide payment for investigational
treatments (including diagnostic testing) of traumatic brain injury or
post-traumatic stress disorder received by members of the Armed Forces in
health care facilities other than military treatment facilities. Such process
shall provide that payment be made directly to the health care facility
furnishing the treatment.
(b)
Conditions for
approval
The approval by the Secretary for payment for a
treatment pursuant to subsection (a) shall be subject to the following
conditions:
(1) Any drug or device
used in the treatment must be approved or cleared by the Food and Drug
Administration for any purpose and its use must comply with rules of the Food
and Drug Administration applicable to investigational new drugs or
investigational devices.
(2) The treatment must
be approved by the Secretary following approval by an institutional review
board operating in accordance with regulations issued by the Secretary of
Health and Human Services.
(3) The patient receiving the treatment must
demonstrate an improvement under criteria approved by the Secretary, as a
result of the treatment on one or more of the following:
(A) Standardized
independent pre-treatment and post-treatment neuropsychological testing.
(B) Accepted survey
instruments including, such instruments that look at quality of life.
(C) Neurological
imaging.
(D) Clinical
examination.
(4) The patient
receiving the treatment must be receiving the treatment voluntarily and based
on informed consent.
(5) The patient
receiving the treatment may not be a retired member of the Armed Forces who is
entitled to benefits under part A, or eligible to enroll under part B, of title
XVIII of the Social Security Act.
(c)
Additional
restrictions authorized
The
Secretary may establish additional restrictions or conditions for reimbursement
as the Secretary determines appropriate to ensure the protection of human
research subjects, appropriate fiscal management, and the validity of the
research results.
(d)
Authority
The Secretary shall make payments under
this section for treatments received by members of the Armed Forces using the
authority in subsection (c)(1) of
section
1074 of title 10, United States Code.
(e)
Amount
A payment under this section shall be made
at the equivalent Centers for Medicare and Medicaid Services reimbursement rate
in effect for appropriate treatment codes for the State or territory in which
the treatment is received. If no such rate is in effect, payment shall be made
on a cost-reimbursement basis, as determined by the Secretary, in consultation
with the Secretary of Health and Human Services.
(f)
Data collection
and availability
(1)
In
general
The Secretary shall
develop and maintain a database containing data from each patient case
involving the use of a treatment under this section. The Secretary shall ensure
that the database preserves confidentiality and that any use of the database or
disclosures of such data are limited to such use and disclosures permitted by
law and applicable regulations.
(2)
Publication of
qualified institutional review board studies
The Secretary shall ensure that an Internet
website of the Department of Defense includes a list of all civilian
institutional review board studies that have received a payment under this
section.
(g)
Assistance for
members to obtain treatment
(1)
Assignment to
temporary duty
The Secretary
of a military department may assign a member of the Armed Forces under the
jurisdiction of the Secretary to temporary duty or allow the member a
permissive temporary duty in order to permit the member to receive treatment
for traumatic brain injury or post-traumatic stress disorder, for which
payments shall be made under subsection (a), at a location beyond reasonable
commuting distance of the permanent duty station of the member.
(2)
Per
diem
A member who is away from the permanent station of the
member may be paid a per diem in lieu of subsistence in an amount not more than
the amount to which the member would be entitled if the member were performing
travel in connection with a temporary duty assignment.
(3)
Gift rule
waiver
The Secretary of Defense may waive any rule of the
Department of Defense regarding ethics or the receipt of gifts with respect to
any assistance provided to a member of the Armed Forces for travel or per diem
expenses incidental to receiving treatment under this section.
(h)
Memoranda of
understanding
The Secretary shall enter into memoranda of
understandings with civilian institutions for the purpose of providing members
of the Armed Forces with treatment carried out by civilian health care
practitioners under treatment—
(1) approved by and
under the oversight of civilian institutional review boards; and
(2) that would qualify
for payment under this section.
(i)
Outreach
The Secretary of Defense shall establish a
process to notify members of the Armed Forces of the opportunity to receive
treatment pursuant to this section.
(j)
Report to
congress
Not later than 30
days after the last day of each fiscal year during which the Secretary is
authorized to make payments under this section, the Secretary shall submit to
Congress an annual report on the implementation of this section and any
available results on investigational treatment studies authorized under this
section.
(k)
Termination
The
authority to make a payment under this section shall terminate on the date that
is five years after the date of the enactment of this Act.
(l)
Authorization of
appropriations
There is authorized to be appropriated to carry
out this section $10,000,000 for each fiscal year during which the Secretary is
authorized to make payments under this section.
(m)
Funding increase
and offsetting reduction
(1)
In
general
Notwithstanding the amounts set forth in the funding
tables in division D, to carry out this section during fiscal year 2014—
(A) the amount
authorized to be appropriated in section 1406 for the Defense Health Program,
as specified in the corresponding funding table in division D, is hereby
increased by $10,000,000, with the amount of the increase allocated to the
Defense Health Program, as set forth in the table under section 4501, to carry
out this section; and
(B) the amount
authorized to be appropriated in section 301 for Operation and Maintenance,
Defense-wide, as specified in the corresponding funding table in division D, is
hereby reduced by $10,000,000, with the amount of the reduction to be derived
from Line 280, Office of the Secretary of Defense as set forth in the table
under section 4301.
(2)
Merit-based or
competitive decisions
A decision to commit, obligate, or expend
funds referred to in paragraph (1)(A) with or to a specific entity
shall—
(A) be based on
merit-based selection procedures in accordance with the requirements of
sections 2304(k), 2361, and 2374 of title 10, United States Code, or on
competitive procedures; and
(B) comply with other
applicable provisions of law.
734.
Integrated
Electronic Health Record of the Departments of Defense and Veterans
Affairs
(a)
Sense of
Congress
It is the sense of
Congress that—
(1) despite repeated
attempts at cooperation over the past 20 years, the Department of Defense and
the Department of Veterans Affairs have failed to implement a solution that
allows for seamless electronic sharing of medical health care data;
(2) the recent
decision by the Secretary of Defense and the Secretary of Veterans Affairs to
abandon their earlier agreement and pursue separate paths to integration
jeopardizes the stated goal of providing a patient-centered health care
system that delivers excellent quality, access, satisfaction, and value,
consistently across the Departments;
(3) despite the
repeated concerns and objections of the congressional committees of
jurisdiction, the Department of Defense and the Department of Veterans Affairs
seem to be on a continued path to fail in achieving the goal of creating a
seamless health record that integrates data across the Departments; and
(4) the President
should make the necessary leadership changes to assure timely completion of
this requirement.
(b)
Implementation
The
Secretary of Defense and the Secretary of Veterans Affairs shall—
(1) implement an
integrated electronic health record to be used by each of the Secretaries;
and
(2) deploy such record
by not later than October 1, 2016.
(c)
Design
principles
The integrated
electronic health record established under subsection (b) shall adhere to the
following principles:
(1) To the extent
practicable, efforts to establish such record shall be based on objectives,
activities, and milestones established by the Joint Executive Committee Joint
Strategic Plan Fiscal Years 2013–2015, including any requirements, definition,
documents, or analyses previously developed to satisfy said Joint Strategic
Plan.
(2) Principles with
respect to open architecture standards, including—
(A) modular designs
based on standards with loose coupling and high cohesion that allow for
independent acquisition of system components;
(B) if existing
national standards do not exist as of the date on which the record is being
established, the Secretaries shall agree upon and adopt a standard for purposes
of the record until such time as national standards are established;
(C) enterprise
investment strategies that maximize reuse of proven system designs;
(D) implementation of
aggressive life-cycle sustainment planning that uses proven technology
insertion strategies and product upgrade techniques;
(E) enforcement of
system design transparency, continuous design disclosure and improvement, and
peer reviews that include government, academia, and industry; and
(F) strategies for
data-use rights to ensure a level competitive playing field and access to
alternative solutions and sources across the life-cycle of the program.
(3) By the point of
full deployment decision, such record must be at a generation 3 level or better
for a health information technology system.
(d)
Program
plan
Not later than January
31, 2014, the Secretaries shall jointly develop and submit to the appropriate
congressional committees a program plan for the oversight and execution of the
integrated electronic health record program established under this section.
This plan shall include—
(1) program
objectives;
(2) organization;
(3) responsibilities
of the Departments;
(4) technical system
requirements;
(5) milestones,
including a schedule for industry competitions for capabilities needed to
satisfy the technical system requirements;
(6) technical system
standards being adopted by the program;
(7) outcome-based
metrics proposed to measure the performance and effectiveness of the program;
and
(8) level of funding
for fiscal years 2014 through 2017.
(e)
Assessment
(1)
In
general
The Secretaries shall
jointly commission an independent assessment of the program plan under
subsection (d).
(2)
Submission
Not
later than 60 days after the date on which the program plan under subsection
(d) is submitted to the appropriate congressional committees, the Secretaries
shall jointly submit to such committees the independent assessment conducted
under paragraph (1).
(f)
Limitation of
funds
Not more than 25
percent of the amounts authorized to be appropriated by this Act or otherwise
made available for development , modernization, or enhancement of the
integrated electronic health record within the Department of Veterans Affairs
or for operation and maintenance for the Defense Health Agency of the
Department of Defense may be obligated or expended until the date on which the
program plan under subsection (d) is submitted to the appropriate congressional
committees.
(g)
Monthly
reporting
On a monthly basis,
the Secretary of Defense and the Secretary of Veterans affairs shall each
submit to the appropriate congressional committees a report on the expenditures
incurred by the Secretary in the development of an integrated electronic health
record under this section. Such reports shall include obligations by major
categories of spending and by support of milestones identified in the program
plan required under subsection (d).
(h)
Requirements
(1)
In
general
Not later than October 1, 2014, all health care
information contained in the Department of Defense AHLTA and the Department of
Veterans Affairs VistA systems shall be available and actionable in real-time
to health care providers in each Department through shared technology.
(2)
Certification
At such time as the operational capability
described in paragraph (1) is achieved, the Secretaries shall jointly certify
to the appropriate congressional committees that the Secretaries have
implemented such operational capability.
(3)
Limitation of
funds
Neither the Secretary of Defense or the Secretary of
Veterans Affairs may obligate or expend more than 10 percent of the amounts
authorized to be appropriated by this Act or otherwise made available for the
research, development, test, and evaluation, or procurement for the Virtual
Lifetime Electronic Record until the date on which the certification is made
under paragraph (2).
(4)
Responsible
official
The Secretary of Defense and the Secretary of Veterans
Affairs shall each identify a senior official to be responsible for the
electronic health record established under this section, including the
operational capability described in paragraph (1). Such official shall have
included within their performance evaluation performance metrics related to the
execution of the responsibilities under this paragraph. Not later than 30 days
after the date of the enactment of this Act, each Secretary shall submit to the
appropriate congressional committees the name of the senior official selected
under this paragraph.
(5)
Accountability
review
If the Secretary of Defense and the Secretary of Veterans
Affairs fail to meet the requirements under paragraph (1), the Secretaries
shall jointly conduct an accountability review to identify the
following:
(A) The root cause of
the failure and if the failure is a result of technology or human
performance.
(B) The work sections
responsible for the failure.
(C) The milestones and
resource investment required to achieve such requirements.
(D) The
recommendations for corrective actions, to include personnel actions, to
achieve such requirements.
(6)
Submission of
accountability review
If the
Secretaries conduct a review under paragraph (5), the Secretaries shall jointly
submit to the appropriate congressional committees a report of the results of
the review by not later than November 30, 2014.
(i)
Advisory
panel
(1)
Establishment
Not later than 60 days after the date of
the enactment of this Act, the Secretaries shall jointly establish an advisory
panel to support the development and validation of requirements, programmatic
assessment, and other actions, as needed by the Secretaries, with respect to
the integrated electronic health record established under subsection (b). The
panel shall certify to the appropriate congressional committees that such
record meets the definition of integrated as specified in
subsection (j)(4).
(2)
Membership
The
panel established under paragraph (1) shall consist of not more than 14
members, appointed by the Secretaries as follows:
(A) Two co-chairs, one
appointed by each of the Secretaries.
(B) The chief
information officer of the Department of Defense and the chief information
officer of the Department of Veterans Affairs.
(C) One member from
the acquisition community of the Department of Defense and one member from such
community of the Department of Veterans Affairs.
(D) Two members from
the academic community appointed by the Secretary of Defense.
(E) Two members from
the academic community appointed by the Secretary of Veterans Affairs.
(F) Two members from
industry appointed by the Secretary of Defense.
(G) Two members from
industry appointed by the Secretary of Veterans Affairs.
(3)
Reporting
The
Advisory panel established under paragraph (1) shall submit to the appropriate
congressional committees a quarterly report on the activities of the panel. The
panel shall submit the first report by not later than December 31, 2013.
(j)
Definitions
In this section:
(1) The term
actionable means information that is directly useful to customers
for immediate use in clinical decision making.
(2) The term
appropriate congressional committees means—
(A) the congressional
defense committees; and
(B) the Committees on
Veterans’ Affairs of the Senate and the House of Representatives.
(3) The term
generation 3 means, with respect to an electronic health systems,
a system that has the technical capability to bring evidence-based medicine to
the point of care and provide functionality for multiple care venues.
(4) The term
integrated means one single core technology or an inherent
cross-platform capability without the need for additional patch development to
accomplish this capability.
735.
Comptroller
General report on recovery audit program for TRICARE
Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United States shall
submit to the congressional defense committees a report that evaluates the
similarities and differences in the approaches to identifying and recovering
improper payments across Medicare and TRICARE. The report shall contain an
evaluation of the following:
(1) Medicare and
TRICARE claims processing efforts to prevent improper payments by denying
claims prior to payment.
(2) Medicare and
TRICARE claims processing efforts to correct improper payments
post-payment.
(3) The effectiveness
of Medicare and TRICARE post-payment audit programs in place to identify and
correct improper payments that are returned to the government plans.
VIII
Acquisition
Policy, Acquisition Management, and Related Matters
A
Acquisition Policy
and Management
801.
Modification of
reporting requirement for Department of Defense business system acquisition
programs when initial operating capability is not achieved within five years of
Milestone A approval
(a)
Submission to
pre-certification authority
Subsection (b) of section 811 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law
109–364; 120 Stat. 2316;
10 U.S.C.
2222 note) is amended by striking the system shall be
deemed to have undergone and all that follows through the period and
inserting the appropriate official shall report such failure, along with
the facts and circumstances surrounding the failure, to the appropriate
pre-certification authority for that system under
section
2222 of title 10, United States Code, and the information so
reported shall be considered by the pre-certification authority in the decision
whether to recommend certification of obligations under that
section..
(b)
Covered
systems
Subsection (c) of such section is amended—
(1) by striking
3542(b)(2) of title 44 and inserting section 2222(j)(2)
of title 10; and
(2) by inserting
, and that is not designated in
section
2445a of title 10, United States Code, as a major
automated information system program or an other major
information technology investment program before the period at
the end.
(c)
Updated
references to DOD issuances
Subsection (d) of such section is
amended—
(1) in paragraph (1),
by striking Department of Defense Instruction 5000.2 and
inserting Department of Defense Directive 5000.01; and
(2) in paragraph (2),
by striking Department of Defense Instruction 5000.2, dated May 12,
2003 and inserting Department of Defense Instruction 5000.02,
dated December 3, 2008.
802.
Enhanced
transfer of technology developed at Department of Defense laboratories
(a)
Definitions
As
used in this section:
(1) The term
military department has the meaning provided in
section
101 of title 10, United States Code.
(2) The term
DOD laboratory or laboratory means any facility
or group of facilities that—
(A) is owned, leased,
operated, or otherwise used by the Department of Defense; and
(B) meets the
definition of laboratory as provided in subsection (d)(2) of
section 12 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C.
3710a).
(b)
Authority
(1)
In
general
The Secretary of Defense and the Secretary of a military
department each may authorize the heads of DOD laboratories to grant
nonexclusive, exclusive, or partially exclusive licenses, royalty free or for
royalties or for rights to other intellectual property, for computer software
and its related documentation developed at a DOD laboratory, but only
if—
(A) the computer
software and related documentation would be a trade secret under the meaning of
section
552(b)(4) of title 5, United States Code, if the information
had been obtained from a non-Federal party;
(B) the public is
notified of the availability of the software and related documentation for
licensing and interested parties have a fair opportunity to submit applications
for licensing;
(C) such licensing
activities and licenses comply with the requirements under
section
209 of title 35, United States Code; and
(D) the software
originally was developed to meet the military needs of the Department of
Defense.
(2)
Protections
against unauthorized disclosure
The Secretary of Defense and the
Secretary of a military department each shall provide appropriate precautions
against the unauthorized disclosure of any computer software or documentation
covered by paragraph (1)(A), including exemption from
section
552 of title 5, United States Code, for a period of up to 5
years after the development of the computer software by the DOD
laboratory.
(c)
Royalties
(1)
Use of
royalties
Except as provided in paragraph (2), any royalties or
other payments received by the Department of Defense or a military department
from licensing computer software or documentation under paragraph (b)(1) shall
be retained by the Department of Defense or the military department and shall
be disposed of as follows:
(A)
(i) The Department of Defense or the military
department shall pay each year the first $2,000, and thereafter at least 15
percent, of the royalties or other payments, to be divided among the employees
who developed the computer software.
(ii) The Department of Defense or the military
department may provide appropriate lesser incentives, from the royalties or
other payments, to laboratory employees who are not developers of such computer
software but who substantially increased the technical value of the
software.
(iii) The Department of Defense or the military
department shall retain the royalties and other payments received until it
makes payments to employees of a DOD laboratory under clause (i) or
(ii).
(iv) The Department of Defense or the military
department may retain an amount reasonably necessary to pay expenses incidental
to the administration and distribution of royalties or other payments under
this section by an organizational unit of the Department of Defense or military
department other than its laboratories.
(B) The balance of the royalties or other
payments shall be transferred by the Department of Defense or the military
department to its laboratories, with the majority share of the royalties or
other payments going to the laboratory where the development occurred. The
royalties or other payments so transferred to any DOD laboratory may be used or
obligated by that laboratory during the fiscal year in which they are received
or during the 2 succeeding fiscal years—
(i) to reward scientific, engineering,
and technical employees of the DOD laboratory, including developers of
sensitive or classified technology, regardless of whether the technology has
commercial applications;
(ii) to further scientific exchange
among the laboratories of the agency;
(iii) for education and training of employees
consistent with the research and development missions and objectives of the
Department of Defense, military department, or DOD laboratory, and for other
activities that increase the potential for transfer of the technology of the
laboratories;
(iv) for payment of expenses incidental
to the administration and licensing of computer software or other intellectual
property made at that DOD laboratory, including the fees or other costs for the
services of other agencies, persons, or organizations for intellectual property
management and licensing services; or
(v) for scientific research and
development consistent with the research and development missions and
objectives of the DOD laboratory.
(C) All royalties or other payments retained by
the Department of Defense, military department, or DOD laboratory after
payments have been made pursuant to subparagraphs (A) and (B) that are
unobligated and unexpended at the end of the second fiscal year succeeding the
fiscal year in which the royalties and other payments were received shall be
paid into the Treasury of the United States.
(2)
Exception
If, after payments under paragraph (1)(A),
the balance of the royalties or other payments received by the Department of
Defense or the military department in any fiscal year exceed 5 percent of the
funds received for use by the DOD laboratory for research, development,
engineering, testing, and evaluation or other related administrative,
processing or value-added activities for that year, 75 percent of such excess
shall be paid to the Treasury of the United States and the remaining 25 percent
may be used or obligated under paragraph (1)(B). Any funds not so used or
obligated shall be paid into the Treasury of the United States.
(3)
Status of
payments to employees
Any
payment made to an employee under this section shall be in addition to the
regular pay of the employee and to any other awards made to the employee, and
shall not affect the entitlement of the employee to any regular pay, annuity,
or award to which the employee is otherwise entitled or for which the employee
is otherwise eligible or limit the amount thereof except that the monetary
value of an award for the same project or effort shall be deducted from the
amount otherwise available under this paragraph. Payments, determined under the
terms of this paragraph and made to an employee developer as such, may continue
after the developer leaves the DOD laboratory or the Department of Defense or
military department. Payments made under this section shall not exceed $75,000
per year to any one person, unless the President approves a larger award (with
the excess over $75,000 being treated as a Presidential award under
section
4504 of title 5, United States Code).
(d)
Information in
report
The report required by
section
2515(d) of title 10, United States Code, shall include
information regarding the implementation and effectiveness of this
section.
(e)
Expiration
The
authority provided in this section shall expire on December 31, 2018.
803.
Extension of
limitation on aggregate annual amount available for contract
services
Section 808 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1489) is amended—
(1) in subsections (a)
and (b), by striking fiscal year 2012 or 2013 and inserting
fiscal year 2012, 2013, 2014 or 2015;
(2) in subsection
(c)—
(A) by striking
during fiscal years 2012 and 2013 in the matter preceding
paragraph (1);
(B) by striking
paragraphs (1) and (2) and redesignating paragraphs (3), (4), and (5) as
paragraphs (1), (2), and (3), respectively; and
(C) in paragraph (3),
as so redesignated, by striking fiscal years 2012 and 2013 and
inserting fiscal years 2012, 2013, 2014, and 2015;
(3) in subsection (d)(4), by striking
fiscal year 2012 or 2013 and inserting fiscal year 2012,
2013, 2014 or 2015; and
(4) by adding at the
end the following new subsections:
(e)
Carryover of
reductions required
If the
reductions required by subsection (c)(2) for fiscal years 2012 and 2013 are not
implemented, the amounts remaining for those reductions in fiscal years 2012
and 2013 shall be implemented in fiscal years 2014 and 2015.
(f)
Anti-Deficiency
Act violation
Failure to
comply with subsections (a) and (e) shall be considered violations of
section
1341 of title 31, United States Code (popularly referred to as
the Anti-Deficiency
Act).
.
B
Amendments to
General Contracting Authorities, Procedures, and Limitations
811.
Additional
contractor responsibilities in regulations relating to detection and avoidance
of counterfeit electronic parts
Section 818(c)(2)(B) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1493;
10 U.S.C.
2302 note) is amended—
(1) in clause (i), by
inserting electronic after avoid counterfeit;
and
(2) in clause (ii), by
striking were provided and inserting the following:
were—
(I) procured from an original manufacturer or
its authorized dealer or from a trusted supplier in accordance with regulations
described in paragraph (3); or
(II) provided
.
812.
Amendments
relating to detection and avoidance of counterfeit electronic
parts
Section 818(c)(2) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81;
10 U.S.C.
2302 note) is amended—
(1) in subparagraph
(A), by striking and at the end;
(2) in subparagraph
(B), at the end of clause (iii), by striking the period and inserting ;
and; and
(3) by adding at the
end the following new subparagraph:
(C) 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
are not allowable costs under Department contracts, unless—
(i) the offeror’s proposal in response to a
Department of Defense solicitation for maintenance, refurbishment, or
remanufacture work identifies obsolete electronic parts and includes a plan to
ensure trusted sources of supply for obsolete electronic parts, or to implement
design modifications to eliminate obsolete electronic parts;
(ii) the Department elects not to fund design
modifications to eliminate obsolete electronic parts; and
(iii) the contractor applies inspections and
tests intended to detect counterfeit electronic parts and suspect counterfeit
electronic parts when purchasing electronic parts from other than the original
manufacturers or their authorized dealers, pursuant to paragraph
(3).
.
813.
Government-wide
limitations on allowable costs for contractor compensation
(a)
Defense
contracts
(1)
Amendments
relating to contractor employees
Subparagraph (P) of
section
2324(e)(1) of title 10, United States Code, is amended to read
as follows:
(P) Costs of compensation of any contractor
employee for a fiscal year, regardless of the contract funding source, to the
extent that such compensation exceeds $763,029 adjusted annually for the U.S.
Bureau of Labor Statistics Employment Cost Index for total compensation for
private industry workers, by occupational and industry group not seasonally
adjusted, except that the Secretary of Defense may establish narrowly targeted
exceptions for positions in the science, technology, engineering, mathematics,
medical, and manufacturing fields upon a determination that such exceptions are
needed to ensure that the Department of Defense has continued access to needed
skills and
capabilities.
.
(2)
Amendments
relating to senior executives of certain contractors
Section
2324(e)(1) of such title is further amended by adding at the end the following
new subparagraph:
(Q) Costs of compensation of senior executives
of a covered
contractor.
.
(3)
Definitions
Section
2324(l) of such title is amended—
(A) by inserting after
paragraph (4) the following new paragraph (5):
(5) The term senior executives,
with respect to a covered contractor, means the five most highly compensated
employees of the contractor. In determining the five most highly compensated
employees in the case of a contractor with components (such as subsidiaries or
divisions), the determination shall be made using the five most highly
compensated employees contractor-wide, not within each
component.
;
and
(B) by inserting after
paragraph (6) the following new paragraph (7):
(7) The term covered contractor,
with respect to a fiscal year, means a contractor that was awarded Federal
contracts in an amount totaling more than $500,000,000 during the previous
fiscal
year.
.
(b)
Civilian agency
contracts
(1)
Amendments
relating to contractor employees
Paragraph (16) of
section
4304(a) of title 41, United States Code, is amended to read as
follows:
(16) Costs of compensation of any contractor
employee for a fiscal year, regardless of the contract funding source, to the
extent that such compensation exceeds $763,029 adjusted annually for the U.S.
Bureau of Labor Statistics Employment Cost Index for total compensation for
private industry workers, by occupational and industry group not seasonally
adjusted, except that the executive agency may establish narrowly targeted
exceptions for positions in the science, technology, engineering, mathematics,
medical, and manufacturing fields upon a determination that such exceptions are
needed to ensure that the executive agency has continued access to needed
skills and
capabilities.
.
(2)
Amendments
relating to senior executives of certain contractors
Section
4304(a) of such title is further amended by adding at the end the following new
paragraph:
(17) Costs of compensation of senior executives
of a covered
contractor.
.
(3)
Definitions
Section
4301 of such title is amended by striking paragraph (4) and inserting the
following new paragraphs (4) and (5):
(4) The term senior executives,
with respect to a covered contractor, means the five most highly compensated
employees of the contractor. In determining the five most highly compensated
employees in the case of a contractor with components (such as subsidiaries or
divisions), the determination shall be made using the five most highly
compensated employees contractor-wide, not within each component.
(5) The term covered contractor,
with respect to a fiscal year, means a contractor that was awarded Federal
contracts in an amount totaling more than $500,000,000 during the previous
fiscal
year.
.
(c)
Conforming
amendments
Chapter
11 of title 41, United States Code, is amended—
(1) by striking
section 1127; and
(2) by striking the
item relating to that section in the table of sections at the beginning of such
chapter.
(d)
Effective
date
The amendments made by
this section shall apply with respect to costs of compensation incurred under
contracts entered into on or after the date that is 180 days after the date of
the enactment of this Act.
814.
Inclusion of
additional cost estimate information in certain reports
(a)
Additional cost
estimate information required to be included in Selected Acquisition
Reports
Section 2432(c)(1) of title 10,
United States Code, is amended—
(1) by redesignating
subparagraphs (B), (C) and (D) as subparagraphs (C), (D), and (F),
respectively;
(2) by inserting after
subparagraph (A) the following new subparagraph (B):
(B) for each major defense acquisition program
or designated major subprogram included in the report—
(i) the Baseline Estimate (as that term
is defined in section 2433(a)(2) of this title), along with the associated risk
curve and sensitivity of that estimate;
(ii) the original Baseline Estimate (as that
term is defined in section 2435(d)(1) of this title), along with the associated
risk curve and sensitivity of that estimate;
(iii) if the original Baseline Estimate
was adjusted or revised pursuant to section 2435(d)(2) of this title, such
adjusted or revised estimate, along with the associated risk curve and
sensitivity of that estimate; and
(iv) the primary risk parameters associated with
the current procurement cost for the program (as that term is used in section
2432(e)(4) of this
title);
;
(3) in subparagraph
(D), as so redesignated, by striking and at the end; and
(4) by inserting after
subparagraph (D), as so redesignated, the following new subparagraph
(E):
(E) estimated contract termination costs;
and
.
(b)
Additional
duties of Director of Cost Assessment and Program Evaluation with respect to
SAR
(1)
Review
required
Section 2334(a) of title 10, United
States Code, is amended—
(A) by striking
and at the end of paragraph (6);
(B) by striking the
period and inserting ; and at the end of paragraph (7);
and
(C) by adding at the
end the following new paragraph (8):
(8) annually review
the cost estimates and associated information required to be included, by
section 2432(c)(1)(B) of this title, in the Selected Acquisition Reports
required by that
section.
.
(2)
Additional
information required in annual report
Section 2334(f)(1) of such
title is amended—
(A) by striking
report, an assessment of— and inserting
report—;
(B) in each of
subparagraphs (A), (B), and (C), by inserting an assessment of
before the first word of the text;
(C) in subparagraph
(B), by striking and at the end;
(D) in subparagraph
(C), by striking the period at the end and inserting ; and;
and
(E) by adding at the
end the following new subparagraph:
(D) a
summary of the cost estimate information reviewed under subsection (a)(8), an
identification of any trends in that information, an aggregation of the
cumulative risk of the portfolio of systems reviewed under that subsection, and
recommendations for improving cost estimates on the basis of the review under
that
subsection.
.
815.
Amendment relating to compelling reasons for waiving suspension
or debarment
Section 2393(b) of
title 10, United States Code, is amended by inserting after the first sentence
the following: The Secretary of Defense shall also make the
determination described in subsection (a)(2) available on a publicly accessible
website..
816.
Requirement that
cost or price to the Federal Government be given at least equal importance as
technical or other criteria in evaluating competitive proposals for defense
contracts
(a)
Requirement
Subparagraph
(A) of section
2305(a)(3) of title 10, United States Code, is amended by
striking proposals; and at the end of clause (ii) and all that
follows through the end of the subparagraph and inserting the following:
proposals and that must be assigned importance at least equal to all
evaluation factors other than cost or price when combined..
(b)
Waiver
Section
2305(a)(3) of such title is further amended by striking subparagraph (B) and
inserting the following:
(B) The requirement of
subparagraph (A)(ii) relating to assigning at least equal importance to
evaluation factors of cost or price may be waived by the head of the
agency.
.
(c)
Report
Section
2305(a)(3) of such title is further amended by adding at the end the following
new subparagraph:
(C) Not later than 180
days after the end of each fiscal year, the Secretary of Defense shall submit
to Congress, and post on a publicly available website of the Department of
Defense, a report containing a list of each waiver issued by the head of an
agency under subparagraph (B) during the preceding fiscal
year.
.
817.
Requirement to
buy American flags from domestic sources
Section 2533a(b)
of title 10, United States Code, is amended by adding at the end the following
new paragraph:
(3) A flag of the United States of America
(within the meaning of
chapter
1 of title
4).
.
C
Provisions
Relating to Contracts in Support of Contingency Operations in Iraq or
Afghanistan
821.
Amendments relating
to prohibition on contracting with the enemy
(a)
Amendments
relating to prohibition
Section 841(a)(1) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 126 Stat. 1510) is
amended—
(1) in the matter
preceding subparagraph (A), by striking Commander of the United States
Central Command and inserting commander of a covered combatant
command;
(2) in subparagraph
(A)—
(A) by striking
Commander of the United States Central Command and inserting
commander of the covered combatant command; and
(B) by striking
United States Central Command theater of operations and
inserting theater of operations of that command;
(3) in subparagraph
(B), by striking United States Central Command theater of
operations and inserting theater of operations of the covered
combatant command; and
(4) in subparagraph
(C)—
(A) by striking
Commander of the United States Central Command and inserting
commander of the covered combatant command; and
(B) by striking
United States Central Command theater of operations and
inserting theater of operations of that command.
(b)
Amendments
relating to contract clause
Section 841(b)(3) of such Act is
amended—
(1) by striking
$100,000 and inserting $50,000; and
(2) by striking
United States Central Command theater of operations and
inserting theater of operations of a covered combatant command.
(c)
Amendments
relating to identification of contracts
Section 841(c) of such Act is
amended—
(1) in paragraph
(1)—
(A) by striking
, acting through the Commander of the United States Central
Command,; and
(B) by striking
United States Central Command theater of operations and
inserting theaters of operations of covered combatant
commands;
(2) in paragraph
(2)—
(A) by striking
Commander of the United States Central Command and inserting
commander of a covered combatant command; and
(B) by striking
Commander may notify and inserting commander may
notify; and
(3) in paragraph (3),
by striking Commander of the United States Central Command and
inserting commander of a covered combatant command.
(d)
Amendments
relating to nondelegation of responsibilities
Section 841(d)(2) of such Act is amended by
striking Commander of the United States Central Command and
inserting commander of a covered combatant command.
(e)
Amendments
relating to definitions
Section 841(f) of such Act is
amended—
(1) by striking the
subsection heading and inserting Definitions.—;
(2) by striking
In this section, the term and inserting the
following:
In this
section:
(1)
Contingency
operation
The
term
;
and
(3) by adding at the
end the following new paragraph:
(2)
Covered
combatant command
The term
covered combatant command means the United States Central
Command, the United States European Command, the United States Southern
Command, and the United States Pacific
Command.
.
(f)
Repeal of
sunset
Subsection (g) of
section 841 of such Act is repealed.
(g)
Technical
amendments
(1)
Conforming
amendment to section heading
(A) The heading of
section 841 of such Act is amended by striking in the United States Central Command Theater of
Operations.
(B) The item relating
to section 841 in the table of sections at the beginning of title VIII and in
section 2 of such Act is amended to read as follows:
Sec. 841. Prohibition on contracting with
the
enemy.
.
(2)
Repeal of
superseded deadlines
Paragraph (1) of each of subsections (a),
(b), and (c) of section 841 of such Act is amended by striking Not later
than 30 days after the date of the enactment of this Act, the and
inserting The.
(h)
Effective
date
The amendments made by this section shall apply to contracts
entered into on or after the date that is 90 days after the date of the
enactment of this Act.
822.
Collection of
data relating to contracts in Iraq and Afghanistan
(a)
Penalties
Section
861 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law
110–181;
10 U.S.C.
2302 note) is amended by adding at the end the following new
subsection:
(e)
Penalties for
failure to comply
Any
contract in Afghanistan entered into or modified after the date of the
enactment of the National Defense Authorization Act for Fiscal Year 2014 may
include a clause requiring the imposition of a penalty on any contractor that
does not comply with the policies or guidance issued or the regulations
prescribed pursuant to subsection (c). Compliance with such policies, guidance,
or regulations may be considered as a factor in the determination of award and
incentive
fees.
.
(b)
Penalty
information covered in report
Section 863(c) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110–181;
10 U.S.C.
2302 note) is amended by adding at the end the following new
paragraph:
(4) Any penalties
imposed on contractors for failing to comply with requirements under section
861(e), including requirements to provide information for the common databases
identified under section
861(b)(4).
.
D
Other
Matters
831.
Extension of
pilot program on acquisition of military purpose nondevelopmental
items
Section 866(f)(1) of the
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law
111–383; 124 Stat. 4296;
10 U.S.C.
2302 note) is amended by striking the date that is five
years after the date of the enactment of this Act. and inserting
December 31, 2019..
832.
Extension of
authority to acquire products and services produced in countries along a major
route of supply to Afghanistan
Section 801(f) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399),
as amended by section 841(a) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1845),
is amended by striking December 31, 2014 and inserting
December 31, 2015.
833.
Report on
procurement supply chain vulnerabilities
(a)
Report
required
Not later than 180
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the House of
Representatives a report on how sole source suppliers of components to the
Department of Defense procurement supply chain create vulnerabilities to
military attack, terrorism, natural disaster, industrial shock, financial
crisis, or geopolitical crisis, such as an embargo of key raw materials or
industrial inputs.
(b)
Matters
covered
The report required by subsection (a) shall include, at a
minimum, the following:
(1) A
list of the components in the Department of Defense procurement supply chain
for which there is a supplier that controls over 50 percent of the global
market.
(2) A
list of parts of the supply chain where there is inadequate information to
ascertain whether there is a single source supplier of components.
(3) The Secretary’s
recommendations on which single source suppliers create vulnerabilities, as
well recommendations on how to reduce those vulnerabilities.
(c)
Form of
report
The report required by subsection (a) may be
classified.
834.
Study on the
impact of contracting with veteran-owned small businesses
(a)
In
general
Not later than 180
days after the enactment of this Act, the Secretary of Defense, in coordination
with the Administrator of the Small Business Administration and the Secretary
of Veterans Affairs, shall issue a report that includes—
(1) a description of the impacts of Department
of Defense contracting with small business concerns owned and controlled by
veterans and small business concerns owned and controlled by service-disabled
veterans on veteran entrepreneurship and veteran unemployment;
(2) a description of the effect that increased
economic opportunity for veterans has on issues such as veteran suicide and
veteran homelessness; and
(3) an analysis of the feasibility and expected
impacts of the implementation within the Department of Defense of a contracting
program modeled on the program authorized under
section
8127 of title 38, United States Code.
(b)
Definitions
In
this section—
(1) the term veteran has the
meaning given the term under
section
101(2) of title 38, United States Code; and
(2) the terms small business concern
owned and controlled by veterans and small business concern
owned and controlled by service-disabled veterans have the meanings
given such terms under section 3 of the Small Business Act (15 U.S.C.
632).
835.
Revisions to
requirements relating to justification and approval of sole-source defense
contracts
Not later than 90
days after the date of the enactment of this Act, the Secretary of Defense
shall modify the provisions of the Department of Defense Supplement to the
Federal Acquisition Regulation that implement section 811 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111–84; 123 Stat. 2401) to clarify that the authority of the
head of an agency (as defined in section 811(c)(2)(A) of such section) to make
an award pursuant to such section is delegable.
836.
Improved
management of Defense equipment and supplies through automated information and
data capture technologies
The
Secretary of Defense shall improve the management of defense equipment and
supplies throughout their life cycles by adopting and implementing Item Unique
Identification (IUID), Radio Frequency Identification (RFID), biometrics, and
other automated information and data capture (AIDC) technologies for the
tracking, management, and accountability for assets deployed across the
Department of Defense.
837.
Revision of
Defense Supplement to the Federal Acquisition Regulation to take into account
sourcing laws
Not later than
60 days after the date of the enactment of this Act, the Department of Defense
Supplement to the Federal Acquisition Regulation shall be revised to implement
the requirements imposed by sections 129, 129a, 2330a, 2461, and 2463 of title
10, United States Code.
838.
Prohibition on
purchase of military coins not made in United States
None of the funds authorized to be
appropriated by this Act may be used to purchase military coins that are not
produced in the United States.
839.
Compliance with
domestic source requirements for footwear furnished to enlisted members of the
Armed Forces upon their initial entry into the Armed Forces
(a)
Requirement
Section 418 of title 37, United
States Code, is amended by adding at the end the following new
subsection:
(d)
(1) In the case of athletic footwear needed by
members of the Army, Navy, Air Force, or Marine Corps upon their initial entry
into the armed forces, the Secretary of Defense shall furnish such footwear
directly to the members instead of providing a cash allowance to the members
for the purchase of such footwear.
(2) In procuring athletic footwear to
comply with paragraph (1), the Secretary of Defense shall comply with the
requirements of section 2533a of title 10, without
regard to the applicability of any simplified acquisition threshold under
chapter 137 of title 10 (or
any other provision of law).
(3) This subsection does not prohibit the
provision of a cash allowance to a member described in paragraph (1) for the
purchase of athletic footwear if such footwear—
(A) is medically required to meet unique
physiological needs of the member; and
(B) cannot be met with athletic footwear
that complies with the requirements of this
subsection.
.
(b)
Certification
The
amendment made by subsection (a) shall not take effect until the Secretary of
Defense certifies that there are at least two sources that can provide athletic
footwear to the Department of Defense that is 100 percent compliant with
section
2533a of title 10, United States Code.
IX
Department of
Defense Organization and Management
A
Department of
Defense Management
901.
Redesignation of the
Department of the Navy as the Department of the Navy and Marine Corps
(a)
Redesignation of
the Department of the Navy as the Department of the Navy and Marine
Corps
(1)
Redesignation of
Military Department
The military department designated as the
Department of the Navy is redesignated as the Department of the Navy and Marine
Corps.
(2)
Redesignation of
Secretary and Other Statutory Offices
(A)
Secretary
The
position of the Secretary of the Navy is redesignated as the Secretary of the
Navy and Marine Corps.
(B)
Other statutory
offices
The positions of the Under Secretary of the Navy, the
four Assistant Secretaries of the Navy, and the General Counsel of the
Department of the Navy are redesignated as the Under Secretary of the Navy and
Marine Corps, the Assistant Secretaries of the Navy and Marine Corps, and the
General Counsel of the Department of the Navy and Marine Corps,
respectively.
(b)
Conforming
amendments to title 10, United States Code
(1)
Definition of
Military Department
Paragraph (8) of
section
101(a) of title 10, United States Code, is amended to read as
follows:
(8) The term
military department means the Department of the Army, the
Department of the Navy and Marine Corps, and the Department of the Air
Force.
.
(2)
Organization of
Department
The text of section 5011 of such title is amended to
read as follows: The Department of the Navy and Marine Corps is
separately organized under the Secretary of the Navy and Marine
Corps..
(3)
Position of
Secretary
Section 5013(a)(1) of such title is amended by striking
There is a Secretary of the Navy and inserting There is a
Secretary of the Navy and Marine Corps.
(4)
Chapter
Headings
(A) The heading of
chapter 503 of such title is amended to read as follows:
503
Department of
the Navy and Marine
Corps
.
(B) The heading of
chapter 507 of such title is amended to read as follows:
507
Composition of
the Department of the Navy and Marine
Corps
.
(5)
Other
Amendments
(A) Title 10, United
States Code, is amended by striking Department of the Navy and
Secretary of the Navy each place they appear other than as
specified in paragraphs (1), (2), (3), and (4) (including in section headings,
subsection captions, tables of chapters, and tables of sections) and inserting
Department of the Navy and Marine Corps and Secretary of
the Navy and Marine Corps, respectively, in each case with the matter
inserted to be in the same typeface and typestyle as the matter
stricken.
(B)
(i) Sections 5013(f),
5014(b)(2), 5016(a), 5017(2), 5032(a), and 5042(a) of such title are amended by
striking Assistant Secretaries of the Navy and inserting
Assistant Secretaries of the Navy and Marine Corps.
(ii) The heading of section 5016 of
such title, and the item relating to such section in the table of sections at
the beginning of chapter 503 of such title, are each amended by inserting
and Marine Corps after of the Navy, with the
matter inserted in each case to be in the same typeface and typestyle as the
matter amended.
(c)
Other provisions
of law and other references
(1)
Title 37, United
States Code
Title 37, United States Code, is amended by striking
Department of the Navy and Secretary of the Navy
each place they appear and inserting Department of the Navy and Marine
Corps and Secretary of the Navy and Marine Corps,
respectively.
(2)
Other
References
Any reference in any law other than in title 10 or
title 37, United States Code, or in any regulation, document, record, or other
paper of the United States, to the Department of the Navy shall be considered
to be a reference to the Department of the Navy and Marine Corps. Any such
reference to an office specified in subsection (a)(2) shall be considered to be
a reference to that office as redesignated by that section.
(d)
Effective
date
This section and the amendments made by this section shall
take effect on the first day of the first month beginning more than 60 days
after the date of the enactment of this Act.
902.
Revisions to
composition of transition plan for defense business enterprise
architecture
Section 2222(e) of
title 10, United States Code, is amended—
(1) in paragraph (1),
by striking defense business enterprise architecture and
inserting target defense business systems computing environment
described in subsection (d)(3);
(2) in paragraph
(2)—
(A) by striking
existing as of September 30, 2011 (known as legacy
systems) that will not be part of the defense business enterprise
architecture and inserting that will be phased out of the
defense business systems computing environment within three years after review
and certification as legacy systems by the investment management
process established under subsection (g); and
(B) by striking
that provides for reducing the use of those legacy systems in
phases; and
(3) in paragraph (3), by striking legacy
systems (referred to in subparagraph (B)) that will be a part of the target
defense business systems computing environment described in subsection
(d)(3) and inserting existing systems that are part of the
target defense business systems computing environment.
903.
Report on
strategic importance of United States military installation of the U.S. Pacific
Command
(a)
Report
required
Not later than 180
days after the date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Homeland Security, shall submit to the
congressional defense committees a report on the strategic value of each major
installation that supports operations in the United States Pacific
Command.
(b)
Content of
report
The report required by
subsection (a) shall include, at a minimum, an assessment of the following with
respect to each major installation covered by the report:
(1) The strategic
value of the operations of the installation in the Pacific Command Area of
Responsibility, including the strategic value of the installation for the
global deployment of airpower, military personnel, and logistical
support.
(2) The usefulness of
the installation for potential future missions, including military, search and
rescue, and humanitarian missions in a changing Pacific and Arctic
region.
(3) The suitability of the installation for
basing of F–35 aircraft and other future weapons systems in the Pacific Command
Area of Responsibility.
(4) The suitability of the installation for
mission growth, including relocation of combat-coded aircraft, Army units,
naval vessels, and Marine Corps units from overseas bases.
(5) How critical the
installation is in maintaining and expanding the North and Southern Pacific air
refueling bridge.
(6) The availability of the installation for
basing remotely piloted aircraft.
(7) The proximity of
the installation to scoreable, instrumented training ranges, with an emphasis
on joint-training.
(8) The impact of
urban encroachment on the installation and its training ranges.
(c)
Classified
annex
The report required by
subsection (a) may include a classified annex if necessary to fully describe
the matters required by subsection (b).
904.
Comptroller
General report on potential relocation of Federal Government tenants on
Asia-Pacific and Arctic-oriented United States military installations
(a)
Report
required
Not later than March
1, 2014, the Comptroller General of the United States shall submit to the
appropriate committees of Congress a report containing the results of a review
of the potential for—
(1) effectively
consolidating underused facilities on military installations; or
(2) vacating costly
leased space by relocating Federal Government agency tenants, activities,
missions, and personnel onto such installations.
(b)
Specific
consideration of Asia-Pacific and Arctic-oriented installations
As a result of the Federal Government’s
decision to emphasize Asia-Pacific security issues and changes in the Arctic
environment, the Comptroller General shall specifically evaluate potential
consolidation of Federal tenants on Asia-Pacific and Arctic-oriented
installations, focusing on Federal entities with homeland security, defense,
international trade, commerce, and other national security-related functions
that are compatible with the missions of the military installations.
B
Space
Activities
911.
National security
space satellite reporting policy
(a)
Sense of
Congress
It is the sense of
Congress that—
(1) the Department of Defense depends on
national security space programs to support, among other critical
capabilities—
(A) communications;
(B) missile
warning;
(C) position,
navigation, and timing;
(D) intelligence,
surveillance, and reconnaissance; and
(E) environmental
monitoring; and
(2) foreign threats to
national security space systems are increasing.
(b)
Notification of
foreign interference of national security space
Chapter
135 of title 10, United States Code, is amended by adding at
the end the following new section:
2278.
Notification
of foreign interference of national security space
(a)
Notice
required
The Secretary of
Defense shall, with respect to each attempt by a foreign actor to disrupt,
degrade, or destroy a United States national security space capability, provide
to the appropriate congressional committees—
(1) not later than 48 hours after the Secretary
determines that there is reason to believe such attempt occurred, notice of
such attempt; and
(2) not later than 10
days after the date on which the Secretary determines that there is reason to
believe such attempt occurred, a notification described in subsection (b) with
respect to such attempt.
(b)
Notification
description
A notification
described in this subsection is a notification that includes—
(1) the name and a brief description of the
national security space capability that was impacted by an attempt by a foreign
actor to disrupt, degrade, or destroy a United States national security space
capability;
(2) a description of
such attempt, including the foreign actor, the date and time of such attempt,
and any related capability outage and the mission impact of such outage;
and
(3) any other
information the Secretary considers relevant.
(c)
Appropriate
congressional committees defined
The term appropriate
congressional committees means—
(1) the congressional
defense committees; and
(2) with respect to a
notice or notification related to an attempt by a foreign entity to disrupt,
degrade, or destroy a United States national security space capability that is
intelligence-related, the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of the
Senate.
.
(c)
Table of
sections amendment
The table of sections at the beginning of such
chapter is amended by adding at the end the following item:
2278. Notification of foreign interference
of national security
space.
.
912.
National security
space defense and protection
(a)
Review
The Secretary of the Air Force shall enter
into an arrangement with the National Research Council to—
(1) in response to the near-term and long-term
threats to the national security space systems of the United States, conduct a
review of—
(A) the range of strategic options available to
address such threats, in terms of deterring hostile actions, defeating hostile
actions, or surviving hostile actions until such actions conclude;
(B) strategies and
plans to counter such threats, including resilience, reconstitution,
disaggregation, and other appropriate concepts; and
(C) existing and
planned architectures, warfighter requirements, technology development,
systems, workforce, or other factors related to addressing such threats;
and
(2) identify recommend
courses of action to address such threats, including potential barriers or
limiting factors in implementing such courses of action.
(b)
Report
(1)
In
general
Not later than one year after the date of the enactment
of this Act, the National Research Council shall submit to the congressional
defense committees, the Permanent Select Committee on Intelligence of the House
of Representatives, and the Select Committee on Intelligence of the Senate a
report containing the results of the review conducted pursuant to the
arrangement under subsection (a) and the recommended courses of action
identified pursuant to such arrangement.
(2)
Form
The
report required under paragraph (1) shall be submitted in unclassified form,
but may include a classified annex.
(c)
Space protection
strategy
Section 911(f)(1) of
the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2271
note) is amended by striking including each of the matters required by
subsection (c). and inserting the following:
including—
(A) each of the matters required by subsection
(c); and
(B) a description of how the Department of
Defense and the intelligence community plan to provide necessary national
security capabilities, through alternative space, airborne, or ground systems,
if a foreign actor degrades, denies access to, or destroys United States
national security space
capabilities.
.
913.
Space acquisition
strategy
(a)
Strategy
required
The Under Secretary
of Defense for Acquisition, Technology, and Logistics, in consultation with the
Chief Information Officer of the Department of Defense, shall establish a
strategy to enable the multi-year procurement of commercial satellite
services.
(b)
Basis
The
strategy required under subsection (a) shall include and be based on—
(1) an analysis of financial or other benefits
to acquiring satellite services through multi-year acquisition approaches;
(2) an analysis of the
risks associated with such acquisition approaches;
(3) an identification of methods to address
planning, programming, budgeting, and execution challenges to such approaches,
including methods to address potential termination liability or cancellation
costs generally associated with multi-year contracts;
(4) an identification
of any changes needed in the requirements development and approval processes of
the Department of Defense to facilitate effective and efficient implementation
of such strategy, including an identification of any consolidation of
requirements for such services across the Department that may achieve increased
buying power and efficiency; and
(5) an identification of any necessary changes
to policies, procedures, regulations, or statutes.
(c)
Submission
Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics, in consultation with the Chief Information Officer
of the Department of Defense, shall submit to the congressional defense
committees the strategy required under subsection (a), including the elements
required under subsection (b).
914.
Space control
mission report
Not later than
180 days after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report on the space
control mission of the Department of Defense. Such report shall include—
(1) an identification
of existing offensive and defensive space control systems, policies, and
technical possibilities of future systems;
(2) an identification
of any gaps or risks in existing space control system architecture and
possibilities for improvement or mitigation of such gaps or risks;
(3) a
description of existing and future sensor coverage and ground processing
capabilities for space situational awareness;
(4) an explanation of
the extent to which all relevant and available information is being utilized
for space situational awareness to detect, track, and identify objects in
space;
(5) a
description of existing space situational awareness data sharing practices,
including what information is being shared and what the benefits and risks of
such sharing are to the national security of the United States; and
(6) plans for the
future space control mission.
915.
Responsive
launch
(a)
Findings
Congress finds the following:
(1) United States Strategic Command has
identified three needs as a result of dramatically increased demand and
dependence on space capabilities as follows:
(A) To rapidly augment
existing space capabilities when needed to expand operational
capability.
(B) To rapidly
reconstitute or replenish critical space capabilities to preserve continuity of
operations capability.
(C) To rapidly exploit
and infuse space technological or operational innovations to increase the
advantage of the United States.
(2) Operationally responsive low cost launch
could assist in addressing such needs of the combatant commands.
(b)
Study
The Department of Defense Executive Agent
for Space shall conduct a study on responsive, low-cost launch efforts. Such
study shall include—
(1) a
review of existing and past operationally responsive, low-cost launch efforts
by domestic or foreign governments or industry;
(2) a
technology assessment of various methods to develop an operationally
responsive, low-cost launch capability; and
(3) an assessment of
the viability of greater utilization of innovative methods, including the use
of secondary payload adapters on existing launch vehicles.
(c)
Report
Not
later than one year after the date of the enactment of this Act, the Department
of Defense Executive Agent for Space shall submit to the congressional defense
committees a report containing—
(1) the results of the
study conducted under subsection (b); and
(2) a
consolidated plan for development within the Department of Defense of an
operationally responsive, low-cost launch capability.
C
Defense
Intelligence and Intelligence-Related Activities
921.
Revision of
Secretary of Defense authority to engage in commercial activities as security
for intelligence collection activities
(a)
Period for
required audits
Section 432(b)(2) of title 10,
United States Code, is amended—
(1) in the first
sentence, by striking annually and inserting
biennially; and
(2) in the second
sentence, by striking the intelligence committees and all that
follows and inserting the congressional defense committees and the
congressional intelligence committees (as defined in section
437(c))..
(b)
Repeal of
designation of defense intelligence agency as required oversight authority
within department of defense
Section 436(4) of title 10, United
States Code, is amended—
(1) by striking
Defense Intelligence Agency and inserting Department of
Defense; and
(2) by striking
management and supervision and inserting
oversight.
(c)
Congressional
oversight
Section 437 of title 10, United
States Code, is amended—
(1) in subsection (a),
by striking the intelligence committees and inserting
congressional defense committees and the congressional intelligence
committees;
(2) in subsection (b),
by striking the intelligence committees and inserting
congressional defense committees and the congressional intelligence
committees; and
(3) by adding at the
end the following new subsection:
(c)
Congressional
intelligence committees defined
In this section, the term
congressional intelligence committees has the meaning given the
term in section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
.
922.
Department of
Defense intelligence priorities
Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall—
(1) establish a
written policy governing the internal coordination and prioritization of
intelligence priorities of the Office of the Secretary of Defense, the Joint
Staff, the combatant commands, and the military departments to improve
identification of the intelligence needs of the Department of Defense;
(2) identify any
significant intelligence gaps of the Office of the Secretary of Defense, the
Joint Staff, the combatant commands, and the military departments; and
(3) provide to the
congressional defense committees, the Permanent Select Committee on
Intelligence of the House of Representatives, and the Select Committee on
Intelligence of the Senate a briefing on the policy established under paragraph
(1) and the gaps identified under paragraph (2).
923.
Defense Clandestine
Service
(a)
Certification
required
Not more than 50
percent of the funds authorized to be appropriated by this Act or otherwise
available to the Department of Defense for the Defense Clandestine Service for
fiscal year 2014 may be obligated or expended for the Defense Clandestine
Service until such time as the Secretary of Defense certifies to the covered
congressional committees that—
(1) the Defense
Clandestine Service is designed primarily to—
(A) fulfill priorities
of the Department of Defense that are unique to the Department of Defense or
otherwise unmet; and
(B) provide unique capabilities to the
intelligence community (as defined in section 3(4) of the National Security Act
of 1947 (50 U.S.C.
3003(4))); and
(2) the Secretary of
Defense has designed metrics that will be used to ensure that the Defense
Clandestine Service is employed as described in paragraph (1).
(b)
Annual
assessments
Not later than
120 days after the date of the enactment of this Act, and annually thereafter
for five years, the Secretary of Defense shall submit to the covered
congressional committees a detailed assessment of Defense Clandestine Service
employment and performance based on the metrics referred to in subsection
(a)(2).
(c)
Notification of
future changes to design
Following the submittal of the
certification referred to in subsection (a), in the event that any significant
change is made to the Defense Clandestine Service, the Secretary shall promptly
notify the covered congressional committees of the nature of such
change.
(d)
Quarterly
briefings
The Secretary of Defense shall quarterly provide to the
covered congressional committees a briefing on the deployments and collection
activities of personnel of the Defense Clandestine Service.
(e)
Covered
congressional committees defined
In this section, the term covered
congressional committees means the congressional defense committees,
the Permanent Select Committee on Intelligence of the House of Representatives,
and the Select Committee on Intelligence of the Senate.
924.
Prohibition on
National Intelligence Program consolidation
(a)
Prohibition
No amounts authorized to be appropriated or
otherwise made available to the Department of Defense may be used during the
period beginning on the date of the enactment of this Act and ending on
December 31, 2014, to execute—
(1) the separation of
the National Intelligence Program budget from the Department of Defense
budget;
(2) the consolidation of the National
Intelligence Program budget within the Department of Defense budget; or
(3) the establishment
of a new appropriations account or appropriations account structure for the
National Intelligence Program budget.
(b)
Briefing
requirement
Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense and the Director of National
Intelligence shall jointly provide to the congressional defense committees, the
Permanent Select Committee on Intelligence of the House of Representatives, and
the Select Committee on Intelligence of the Senate a briefing regarding any
planning relating to the future execution of the activities described in
subsection (a) that has occurred during the two-year period ending on such date
and any anticipated future planning relating to such execution or related
efforts.
(c)
Definitions
In
this section:
(1)
National
Intelligence Program
The term National Intelligence
Program has the meaning given the term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(2)
National
Intelligence Program budget
The term National Intelligence
Program budget means the portions of the Department of Defense budget
designated as part of the National Intelligence Program.
D
Cyberspace-Related
Matters
931.
Modification of
requirement for inventory of Department of Defense tactical data link
systems
Section 934(a)(1) of
the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 2225
note; Public
Law 112–239; 126 Stat. 1885) is amended by inserting and
an assessment of vulnerabilities to such systems in anti-access or area-denial
environments before the semicolon.
932.
Defense Science
Board assessment of United States Cyber Command
(a)
Assessment
The Defense Science Board shall conduct an
assessment of the organization, missions, and authorities of the United States
Cyber Command.
(b)
Elements
The
assessment required by subsection (a) shall include the following:
(1) A
review of the existing organizational structure of the United States Cyber
Command, including—
(A) the positive and
negative impact on the Command resulting from a single individual
simultaneously serving as the Commander of the United States Cyber Command and
the Director of the National Security Agency;
(B) the oversight
activities undertaken by the Commander and the Director with regard to the
Command and the Agency, respectively, including how the respective oversight
activities affect the ability of each entity to complete the respective
missions of such entity;
(C) the dependencies of the Command and the
Agency on one another under the existing management structure of both entities,
including an examination of the advantages and disadvantages attributable to
the unity of command and unity of effort resulting from a single individual
simultaneously serving as the Commander of the United States Cyber Command and
the Director of the National Security Agency;
(D) the ability of the
existing management structure of the Command and the Agency to identify and
adequately address potential conflicts of interest between the roles of the
Commander of the United States Cyber Command and the Director of the National
Security Agency; and
(E) the ability of the
Department of Defense to train and develop, through professional assignment,
individuals with the appropriate subject-matter expertise and management
experience to support both the cyber operations missions of the Command and the
signals intelligence missions of the Agency.
(2) A
review of the missions of the Command, including whether the reliance of the
Command on the Agency for critical warfighting infrastructure, organization,
and personnel contributes to or detracts from the ability of the Command to
achieve the missions of the Command.
(3) A
review of how the Commander of the United States Cyber Command and the Director
of the National Security Agency implement authorities where missions intersect
to ensure that the activities of each entity are conducted only pursuant to the
respective authorities of each entity.
(c)
Report
(1)
Report
required
Not later than 300 days after the date of the enactment
of this Act, the Defense Science Board shall submit to the Secretary of
Defense, the Director of National Intelligence, the congressional defense
committees, the Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of the Senate a
report containing—
(A) the results of the
assessment required by subsection (a); and
(B) recommendations
for improvements or changes to the organization, missions, or authorities of
the United States Cyber Command.
(2)
Additional
evaluation required
Not later than 60 days after the date on
which the committees referred to in paragraph (1) receive the report required
by such paragraph, the Secretary of Defense and the Director of National
Intelligence shall jointly submit to such committees an evaluation of the
findings and recommendations contained in such report.
(3)
Form
The
report required by paragraph (1) shall be submitted in unclassified form, but
may include a classified annex.
(d)
Intelligence
community defined
In this section, the term intelligence
community has the meaning given the term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
933.
Mission
analysis for cyber operations of Department of Defense
(a)
Mission analysis
required
Not later than one
year after the date of the enactment of this Act, the Secretary of Defense
shall conduct a mission analysis of the cyber operations of the Department of
Defense.
(b)
Elements
The
mission analysis under subsection (a) shall include the following:
(1) The concept of
operations and concept of employment for cyber operations forces.
(2) An assessment of
the manpower needs for cyber operations forces, including military requirements
for both active and reserve components and civilian requirements.
(3) An assessment of the mechanisms for
improving recruitment, retention, and management of cyber operations forces,
including through focused recruiting; educational, training, or certification
scholarships; bonuses; or the use of short-term or virtual deployments without
the need for permanent relocation.
(4) A
description of the alignment of the organization and reporting chains of the
Department, the military departments, and the combatant commands.
(5) An assessment of
the current, as of the date of the analysis, and projected equipping needs of
cyber operations forces.
(6) An analysis of how
the Secretary, for purposes of cyber operations, depends upon organizations
outside of the Department, including industry and international
partners.
(7) Methods for
ensuring resilience, mission assurance, and continuity of operations for cyber
operations.
(8) An evaluation of the potential roles of the
reserve components in the concept of operations and concept of employment for
cyber operations forces required under paragraph (1).
(c)
Report
required
Not later than 30 days after the completion of the
mission analysis under subsection (a), the Secretary shall submit to the
congressional defense committees a report containing—
(1) the results of the
mission analysis; and
(2) recommendations
for improving or changing the roles, organization, missions, concept of
operations, or authorities related to the cyber operations of the
Department.
(d)
National Guard
assessment
Not later than 30
days after the date on which the Secretary submits the report required under
subsection (c), the Chief of the National Guard Bureau shall submit to the
congressional defense committees an assessment of the role of the National
Guard in supporting the cyber operations mission of the Department of Defense
as such mission is described in such report.
(e)
Form
The
report under subsection (c) shall be submitted in unclassified form, but may
include a classified annex.
934.
Notification of
investigations related to compromise of critical program information
(a)
Notification of
investigation initiation
(1)
Notification
Not
later than 30 days after the date of the initiation of any investigation
related to the potential compromise of Department of Defense critical program
information related to a weapons system or other developmental activity, the
Secretary of Defense shall submit to the congressional defense committees a
written notification of such investigation including the elements required
under paragraph (2).
(2)
Elements
The written notification required under
paragraph (1) shall include, with respect to an investigation described in such
subsection, the following elements:
(A) A statement of the
reason for such investigation.
(B) An identification
of each party affected by such investigation.
(C) An identification
of the party responsible for conducting such investigation.
(D) Any preliminary
observations, findings, or recommendations related to such
investigation.
(E) A timeline and
methodology for conducting such investigation.
(b)
Notification of
completion of certain investigations
Not later than 30 days after the date of
the completion of any investigation conducted or overseen by the Damage
Assessment Management Office of the Department of Defense, the Secretary of
Defense shall submit to the congressional defense committees a written
notification of such investigation, including a summary of the findings and
recommendations of such investigation, an estimate of the economic losses from
the intrusion, and any additional actions needed to improve the protection of
intellectual property.
(c)
Report on
intrusions after January 1, 2000
Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report detailing the known network cyber
intrusions that occurred on or after January 1, 2000, and before August 1,
2013, and resulted in the compromise of critical program information related to
a weapons system, information system development, or another research and
development initiative of the Department of Defense. Such report shall include
a description of the critical program information that was compromised, the
source of each network that was compromised, the systems or developmental
activities that were compromised, an estimate of the economic losses from the
intrusion, and the suspected origin of each cyber intrusion.
935.
Additional
requirements relating to the software licenses of the Department of
Defense
(a)
Updated
plan
(1)
Update
The Chief Information Officer of the
Department of the Defense shall, in consultation with the chief information
officers of the military departments and the Defense Agencies, update the plan
for the inventory of selected software licenses of the Department of Defense
required under section 937 of the National Defense Authorization Act for 2013
(Public Law
112–239;
10 U.S.C.
2223 note) to include a plan for the inventory of all software
licenses of the Department of Defense for which a military department spends
more than $5,000,000 annually on any individual title, including a comparison
of licenses purchased with licenses installed and of those uninstalled and then
reinstalled.
(2)
Elements
The
update required under paragraph (1) shall—
(A) be done in a
comprehensive and auditable format that is verified by an independent third
party;
(B) include details on
the process and business systems necessary to regularly perform reviews, a
procedure for validating and reporting deregistering and registering new
software, and a mechanism and plan to relay that information to the enterprise
provider; and
(C) a proposed
timeline for implementation of the updated plan in accordance with paragraph
(3).
(3)
Implementation
Not
later than September 30, 2013, the Chief Information Officer of the Department
of Defense shall implement the updated plan required under paragraph
(1).
(b)
Performance
plan
If the Chief Information Officer of the Department of
Defense determines through the update required by subsection (a) that the
number of software licenses of the Department for an individual title for which
a military department spends greater than $5,000,000 annually exceeds the needs
of the Department for such software licenses, or the inventory discloses that
there is a discrepancy between the number of software licenses purchased and
those in actual use, the Secretary of Defense shall implement a plan to bring
the number of such software licenses into balance with the needs of the
Department and the terms of any relevant contract.
936.
Limitation on
availability of funds for collaborative cybersecurity activities with
China
None of the funds
authorized to be appropriated by this Act may be used for collaborative
cybersecurity activities with the People’s Republic of China or any entity
owned or controlled by China, including cybersecurity war games, cybersecurity
working groups, the exchange of classified cybersecurity technologies or
methods, and the exchange of procedures for investigating cyber
intrusions.
937.
Small business
cybersecurity solutions office
(a)
Establishment
The Secretary of Defense shall submit a
report to the Congress on the feasibility of establishing a small business
cyber technology office to assist small business concerns in providing
cybersecurity solutions to the Federal Government.
(b)
Definitions
In this section, the terms small
business concern has the meaning given such term in section 3 of the
Small Business Act.
938.
Small business
cyber education
The Secretary
of Defense shall establish an outreach and education program to assist small
businesses (as defined in section 3 of the Small Business Act (15 U.S.C. 632))
contracted by the Department of Defense to assist such businesses 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.
E
Total Force
Management
941.
Requirement to
ensure sufficient levels of Government oversight of functions closely
associated with inherently Governmental functions
(a)
Requirement
Section 129a of
title 10, United States Code, is amended by adding at the end the following new
subsection:
(g)
Requirement for
oversight or appropriate corrective actions
For purposes of
subsection (f)(3)(B), if insufficient levels of Government oversight are found,
the Secretary of the military department or head of the Defense Agency
responsible shall provide such oversight or take appropriate corrective
actions, including potential conversion to Government performance, consistent
with this section and sections 129 and
2463
of this
title.
.
(b)
Amendment
relating to review of certain contracts
Subsection (e)(2)(C) of
section 2330a of such title is amended by adding after governmental
functions the following: in which there is inadequate oversight
of the contractor personnel performing such functions.
942.
Five-year
requirement for certification of appropriate manpower performance
Section 2330a of
title 10, United States Code, is amended—
(1) by redesignating
subsections (g) and (h) as subsections (h) and (i), respectively; and
(2) by inserting after
subsection (f) the following new section (g):
(g)
Certifications
of appropriate manpower performance
(1) Beginning in fiscal year
2014 and continuing through fiscal year 2018, the Secretary of Defense, or an
official designated personally by the Secretary, no later than February 1 of
each reporting year, shall submit to the congressional defense committees the
findings of the reviews required under subsection (e) and certify in writing
that—
(A) all Department of Defense contractor
positions identified as being responsible for the performance of inherently
governmental functions have been eliminated;
(B) each Department of Defense contract
that is a personal services contract has been entered into, and is being
performed, in accordance with applicable laws and regulations; and
(C) any contract for services that
includes any functions that are closely associated with inherently governmental
functions or designated as critical have been reviewed to determine if those
activities should be—
(i) subject to action pursuant to
section 2463 of this title; or
(ii) converted to an acquisition
approach that would be more advantageous to the Department of Defense.
(2) If the certifications required in
paragraph (1) are not submitted by the date required in a reporting year, the
Inspector General of the Department of Defense shall assess the Department’s
compliance with subsection (e) and determine why the Secretary could not make
the certifications required in paragraph (1). The Inspector General shall
submit to the congressional defense committees, not later than May 1 of the
reporting year, a report on such assessment and determination.
(3) Not later than May 1 of each
reporting year, the Comptroller General of the United States shall submit to
the congressional defense committees a report containing the Comptroller
General’s assessment of the reviews conducted under subsection (e) and the
actions taken to resolve the findings of the
reviews.
.
X
General
Provisions
A
Financial
Matters
1001.
General
transfer authority
(a)
Authority to
transfer authorizations
(1)
Authority
Upon
determination by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for fiscal year 2014
between any such authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2)
Limitation
Except
as provided in paragraph (3), the total amount of authorizations that the
Secretary may transfer under the authority of this section may not exceed
$3,500,000,000.
(3)
Exception for
transfers between military personnel authorizations
A transfer of
funds between military personnel authorizations under title IV shall not be
counted toward the dollar limitation in paragraph (2).
(b)
Limitations
The
authority provided by subsection (a) to transfer authorizations—
(1) may only be used
to provide authority for items that have a higher priority than the items from
which authority is transferred; and
(2) may not be used to
provide authority for an item that has been denied authorization by
Congress.
(c)
Effect on
authorization amounts
A transfer made from one account to another
under the authority of this section shall be deemed to increase the amount
authorized for the account to which the amount is transferred by an amount
equal to the amount transferred.
(d)
Notice to
congress
The Secretary shall promptly notify Congress of each
transfer made under subsection (a).
1002.
Budgetary
effects of this Act
The
budgetary effects of this Act, for the purpose of complying with the Statutory
Pay-As-You-Go Act of 2010, shall be determined by reference to the latest
statement titled Budgetary Effects of PAYGO Legislation for this
Act, submitted for printing in the Congressional Record by the Chairman of the
Committee on the Budget of the House of Representatives, as long as such
statement has been submitted prior to the vote on passage of this Act.
1003.
Audit of Department
of Defense fiscal year 2018 financial statements
(a)
Sense of
Congress
Congress—
(1) reaffirms the
findings of the Panel on Defense Financial Management and Auditability Reform
of the Committee on Armed Services of the House of Representatives;
(2) points to the
Government Accountability Office’s most recent High Risk List
recommendations;
(3) is encouraged by
the important progress the Department of Defense has made in achieving
auditability; and
(4) stands ready to
continue helping in this effort.
(b)
Sense of
Congress on DOD financial management reform
It is the sense of
Congress that, in the aftermath of the effects of sequestration as enacted by
the Budget Control Act of 2011 (Public Law 112–25), financial
management reform is imperative, and the Department of Defense should place
continued importance on, and remain vigilant in, its financial management
reform efforts.
(c)
Audit of DOD
financial statements
In
addition to the requirement under section 1003(a)(2)(A)(ii) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111–84;
10 U.S.C.
2222 note) that the Financial Improvement and Audit Readiness
Plan describe specific actions to be taken and the costs associated with
ensuring that the financial statements of the Department of Defense are
validated as ready for audit by not later than September 30, 2017, upon the
conclusion of fiscal year 2018, the Secretary of Defense shall ensure that a
full audit is performed on the financial statements of the Department of
Defense for such fiscal year. The Secretary shall submit to Congress the
results of that audit by not later than March 31, 2019.
1004.
Authority to
transfer funds to the National Nuclear Security Administration to sustain
nuclear weapons modernization
(a)
Transfer
authorized
If the amount
authorized to be appropriated for the weapons activities of the National
Nuclear Security Administration under section 3101 or otherwise made available
for fiscal year 2014 is less than $8,400,000,000 (the amount projected to be
required for such activities in fiscal year 2014 as specified in the report
under section 1251 of the National Defense Authorization Act for Fiscal Year
2010 (Public
Law 111–84; 123 Stat. 2549)), the Secretary of Defense may
transfer, from amounts authorized to be appropriated for the Department of
Defense for fiscal year 2014 pursuant to this Act, to the Secretary of Energy
an amount, not to exceed $150,000,000, to be available only for weapons
activities of the National Nuclear Security Administration.
(b)
Notice to
Congress
In the event of a transfer under subsection (a), the
Secretary of Defense shall promptly notify Congress of the transfer, and shall
include in such notice the Department of Defense account or accounts from which
funds are transferred.
(c)
Transfer
mechanism
Any funds transferred under this section shall be
transferred in accordance with established procedures for reprogramming under
section 1001 or successor provisions of law.
(d)
Construction of
authority
The transfer authority provided under subsection (a) is
in addition to any other transfer authority provided under this Act.
B
Counter-Drug
Activities
1011.
Extension of
authority to support unified counter-drug and counterterrorism campaign in
Colombia
Section 1021 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law
108–375; 118 Stat. 2042), as most recently amended by section
1010 of the National Defense Authorization Act for Fiscal Year 2013
(Public Law
112–239; 126 Stat. 1907), is amended—
(1) in subsection (a),
by striking 2013 and inserting 2014; and
(2) in subsection (c),
by striking 2013 and inserting 2014.
1012.
Extension of
authority for joint task forces to provide support to law enforcement agencies
conducting counter-terrorism activities
Section 1022(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1594;
10 U.S.C.
371 note), as most recently amended by section 1011 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1907) is amended by striking
2013 and inserting 2014.
1013.
Two-year extension
of authority to provide additional support for counter-drug activities of
certain foreign governments
Subsection (a)(2) of section 1033 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105–85; 111 Stat. 1881), as most recently amended by section
1006(a) of the National Defense Authorization Act for Fiscal Year 2012
(Public Law
112–81; 125 Stat. 1557), is amended by striking
2013 and inserting 2015.
1014.
Sense of
Congress regarding the National Guard Counter-Narcotic Program
It is the sense of Congress that—
(1) the National Guard
Counter-Narcotic Program is a valuable tool to counter-drug operations across
the United States, especially on the southwest border;
(2) the National Guard
has an important role in combating drug trafficking into the United States;
and
(3) the program should
received continued funding.
C
Naval Vessels and
Shipyards
1021.
Clarification
of sole ownership resulting from ship donations at no cost to the navy
(a)
Clarification of
transfer authority
Subsection (a) of
section
7306 of title 10, United States Code, is amended to read as
follows:
(a)
Authority to
make transfer
The Secretary of the Navy may convey, by donation,
all right, title, and interest to any vessel stricken from the Naval Vessel
Register or any captured vessel, for use as a museum or memorial for public
display in the United States, to—
(1) any State, the
District of Columbia, any Commonwealth or possession of the United States, or
any municipal corporation or political subdivision thereof; or
(2) any nonprofit
entity.
.
(b)
Clarification of
limitations on liability and responsibility
Subsection (b) of
such section is amended to read as follows:
(b)
Limitations on
liability and responsibility
(1) The United States and
all departments and agencies thereof, and their officers and employees, shall
not be liable at law or in equity for any injury or damage to any person or
property occurring on a vessel donated under this section.
(2) Notwithstanding any other law, the
United States and all departments and agencies thereof, and their officers and
employees, shall have no responsibility or obligation to make, engage in, or
provide funding for, any improvement, upgrade, modification, maintenance,
preservation, or repair to a vessel donated under this
section.
.
(c)
Clarification
that transfers to be made at no cost to united states
Subsection
(c) of such section is amended by inserting after under this
section the following: , the maintenance and preservation of
that vessel as a museum or memorial, and the ultimate disposal of that vessel,
including demilitarization of Munitions List items at the end of the useful
life of the vessel as a museum or memorial,.
(d)
Application of
environmental laws; definitions
Such section is further amended
by adding at the end the following new subsections:
(e)
Application of
environmental laws
Nothing in this section shall affect the
applicability of Federal, State, interstate, and local environmental laws and
regulations, including the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.) and the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), to the
Department of Defense or to a donee.
(f)
Definitions
In
this section:
(1) The term
nonprofit entity means any entity qualifying as an exempt
organization under section 501(c)(3) of the Internal
Revenue Code of 1986.
(2) The term
Munitions List means the United States Munitions List created
and controlled under section 38 of the Arms Export Control Act (22 U.S.C.
2778).
(3) The term
donee means any entity receiving a vessel pursuant to subsection
(a).
.
(e)
Clerical
amendments
(1)
Section
heading
The heading of such section is amended to read as
follows:
7306.
Vessels
stricken from Naval Vessel Register; captured vessels: conveyance by
donation
.
(2)
Table of
sections
The item relating to such section in the table of
sections at the beginning of chapter 633 of such title is amended to read as
follows:
7306. Vessels stricken from Naval Vessel
Register; captured vessels: conveyance by
donation.”
.
1022.
Availability of
funds for retirement or inactivation of Ticonderoga class cruisers or dock
landing ships
(a)
Limitation on
availability of funds
(1)
In
general
Except as provided in paragraph (2), none of the funds
authorized to be appropriated by this Act or otherwise made available for
fiscal year 2014 for the Department of Defense may be obligated or expended to
retire, prepare to retire, inactivate, or place in storage a cruiser or dock
landing ship.
(2)
Exception
Notwithstanding
paragraph (1), the funds referred to in such subsection may be obligated or
expended to retire the U.S.S. Denver, LPD9.
(b)
Authority to
transfer authorizations
(1)
Authority
Subject
to the availability of appropriations for such purpose, the Secretary of
Defense may transfer amounts of authorizations made available to the Department
of Defense for fiscal year 2013 specifically for the modernization of vessels
referred to in subsection (a)(1). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(2)
Limitation
The total amount of authorizations that the
Secretary may transfer under the authority of this subsection may not exceed
$914,676,000.
(3)
Additional
authority
The transfer authority provided by this subsection is
in addition to the transfer authority provided under section 1001 of this Act
and under section 1001 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112–239; 126 Stat.
1902).
1023.
Repair of
vessels in foreign shipyards
(a)
Nonhomeported
vessels
Subsection (a) of
section
7310 of title 10, United States Code, is amended—
(1) by striking
A naval and inserting (1) A naval; and
(2) by adding at the
end the following new paragraph:
(2) For purposes of this section, a naval
vessel that does not have a designated homeport shall be treated as being
homeported in the United States or
Guam.
.
(b)
Voyage
repair
Such section is
further amended—
(1) in subsection
(c)(3)(C), by striking as defined in Commander Military Sealift Command
Instruction 4700.15C (September 13, 2007) or Joint Fleet Maintenance Manual
(Commander Fleet Forces Command Instruction 4790.3 Revision A, Change 7),
Volume III; and
(2) by adding at the
end the following new subsection:
(d)
Voyage repair
defined
In this section, the
term voyage repair has the meaning given such term in Navy
Instruction COMFLTFORCOMINST
4790.3B.
.
1024.
Sense of
Congress regarding a balanced future naval force
(a)
Findings
Congress makes the following
findings:
(1) The battle force of the Navy must be
sufficiently sized and balanced in capability to meet current and anticipated
future national security objectives.
(2) A
robust and balanced naval force is required for the Department of Defense to
fully execute the President’s National Security Strategy.
(3) To develop and
sustain required capabilities the Navy must balance investment and maintenance
costs across various ship types, including—
(A) aircraft
carriers;
(B) surface
combatants;
(C) submarines;
(D) amphibious assault
ships; and
(E) other auxiliary
vessels, including support vessels operated by the Military Sealift
Command.
(4) Despite a Marine
Corps requirement for 38 amphibious assault ships, the Navy possesses only 30
amphibious assault ships with an average of 22 ships available for surge
deployment.
(5) The inadequate
level of investment in Navy shipbuilding over the last 20 years has resulted
in—
(A) a fragile
shipbuilding industrial base, both in the construction yards and secondary
suppliers of materiel and equipment; and
(B) increased costs
per vessel stemming from low production volume.
(6) The Department of
Defense, Military Construction and Veterans Affairs, and Full-Year Continuing
Appropriations Act for Fiscal Year 2013 provided $263,000,000 towards the
advance procurement of materiel and equipment required to continue the San
Antonio LPD 17 amphibious transport dock class to a total of 12 ships, a key
first step in rebalancing the amphibious assault ship force structure.
(b)
Sense of
Congress
It is the Sense of Congress that—
(1) the Department of
Defense and the Department of the Navy must prioritize funding towards
increased shipbuilding rates to enable the Navy to meet the full-range of
combatant commander requests;
(2) the Department of
the Navy’s future budget requests and the Long Range Plan for the Construction
of Naval Forces must realistically anticipate and reflect the true investment
necessary to meet stated force structure goals;
(3) without
modification to Long Range Plan for the Construction of Naval Forces
shipbuilding plan, the future of the industrial base that enables construction
of large, combat-survivable amphibious assault ships is at significant risk;
and
(4) the Department of
Defense and Congress should act expeditiously to restore the force structure
and capability balance of the Navy fleet as quickly as possible.
1025.
Authority for
short-term extension or renewal of leases for vessels supporting the Transit
Protection System Escort Program
(a)
In
general
Notwithstanding
section
2401 of title 10, United States Code, the Secretary of the Navy
may extend or renew the lease of not more than four blocking vessels supporting
the Transit Protection System Escort Program after the date of the expiration
of the lease of such vessels, as in effect on the date of the enactment of this
Act. Such an extension shall be for a term that is the shorter of—
(1) the period
beginning on the date of the expiration of the lease in effect on the date of
the enactment of this Act and ending on the date on which the Secretary
determines that a substitute is available for the capabilities provided by the
lease, or that the capabilities provided by the vessel are no longer required;
or
(2) 180 days.
(b)
Funding
Amounts
authorized to be appropriated by section 301 and available for operation and
maintenance, Navy, as specified in the funding tables in section 4301, may be
available for the extension or renewal of a lease under subsection (a).
(c)
Notice to
Congress
Prior to extending
or renewing a lease under subsection (a), the Secretary of the Navy shall
submit to the congressional defense committees notification of the proposed
extension or renewal. Such notification shall include—
(1) a
detailed description of the term of the proposed contract for the extension or
renewal of the lease and a justification for extending or renewing the lease
rather than obtaining the capability provided for by the lease, charter, or
services involved through purchase of the vessel; and
(2) a
plan for meeting the capability provided for by the lease upon the completion
of the term of the lease contract, as extended or renewed under subsection
(a).
1026.
Report
comparing costs of DDG 1000 and DDG 51 Flight III ships
Not later than March 15, 2014, the
Secretary of the Navy shall submit to the congressional defense committees a
report providing an updated comparison of the costs and risks of acquiring DDG
1000 and DDG 51 Flight III vessels equipped for enhanced ballistic missile
defense capability. The report shall include each of the following:
(1) An updated
estimate of the total cost to develop, procure, operate, and support ballistic
missile defense capable DDG 1000 destroyers equipped with the air and missile
defense radar that would be procured in addition to the three prior-year-funded
DDG 1000 class ships, and in lieu of Flight III DDG–51 destroyers.
(2) The estimate of
the Secretary of the total cost of the current plan to develop, procure,
operate, and support Flight III DDG 51 destroyers.
(3) Details on the
assumed ballistic missile defense requirements and construction schedules for
both the DDG 1000 and DDG 51 Flight III destroyers referred to in paragraphs
(1) and (2), respectively.
(4) An updated
comparison of the program risks and the resulting ship capabilities in all
dimensions (not just ballistic missile defense) of the options referred to in
paragraphs (1) and (2).
(5) Any other
information the Secretary determines appropriate.
1027.
Sense of Congress
on establishment of an Advisory Board on Toxic Substances and Worker
Health
It is the sense of
Congress that the President should establish an Advisory Board on Toxic
Substances and Worker Health, as described in the report of the Comptroller
General of the United States titled Energy Employees Compensation:
Additional Independent Oversight and Transparency Would Improve Program’s
Credibility, numbered GAO–10–302, to—
(1) advise the
President concerning the review and approval of the Department of Labor site
exposure matrix;
(2) conduct periodic
peer reviews of, and approve, medical guidance for part E claims examiners with
respect to the weighing of a claimant’s medical evidence;
(3) obtain periodic
expert review of evidentiary requirements for part B claims related to lung
disease regardless of approval;
(4) provide oversight
over industrial hygienists, Department of Labor staff physicians, and
Department of Labor’s consulting physicians and their reports to ensure
quality, objectivity, and consistency; and
(5) coordinate exchanges of data and findings
with the Advisory Board on Radiation and Worker Health to the extent necessary
(under section 3624 the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384o).
D
Counterterrorism
1030.
Clarification
of procedures for use of alternate members on military commissions
(a)
Primary and
alternate members
(1)
Number of
members
Subsection (a) of
section
948m of title 10, United States Code, is amended—
(A) in paragraph
(1)—
(i) by
striking at least five members and inserting at least
five primary members and as many alternate members as the convening authority
shall detail; and
(ii) by
adding at the end the following new sentence: Alternate members shall be
designated in the order in which they will replace an excused primary
member.; and
(B) in paragraph (2),
by inserting primary after the number of.
(2)
General
rules
Such section is further amended—
(A) by redesignating
subsection (b) and (c) as subsections (d) and (e), respectively; and
(B) by inserting after
subsection (a) the following new subsections (b) and (c):
(b)
Primary
members
Primary members of a military commission under this
chapter are voting members.
(c)
Alternate
members
(1) A
military commission may include alternate members to replace primary members
who are excused from service on the commission.
(2) Whenever a primary member is excused
from service on the commission, an alternate member, if available, shall
replace the excused primary member and the trial may
proceed.
.
(3)
Excuse of
members
Subsection (d) of such section, as redesignated by
paragraph (2)(A), is amended—
(A) in the matter
before paragraph (1), by inserting primary or alternate before
member;
(B) by striking
or at the end of paragraph (2);
(C) by striking the
period at the end of paragraph (3) and inserting ; or;
and
(D) by adding at the
end the following new paragraph:
(4) in the case of an
alternate member, in order to reduce the number of alternate members required
for service on the commission, as determined by the convening
authority.
.
(4)
Absent and
additional members
Subsection (e) of such section, as
redesignated by paragraph (2)(A), is amended—
(A) in the first
sentence—
(i) by
inserting the number of primary members of after
Whenever;
(ii) by
inserting primary before members required by;
and
(iii) by
inserting and there are no remaining alternate members to replace the
excused primary members after subsection (a); and
(B) by adding at the
end the following new sentence: An alternate member who was present for
the introduction of all evidence shall not be considered to be a new or
additional member..
(b)
Challenges
Section
949f of such title is amended—
(1) in subsection (a),
by inserting primary or alternate before member;
and
(2) by adding at the
end of subsection (b) the following new sentence: Nothing in this
section prohibits the military judge from awarding to each party such
additional peremptory challenges as may be required in the interests of
justice..
(c)
Number of votes
required
Section 949m of such title is amended—
(1) by inserting
primary before members each place it appears;
and
(2) by adding at the
end of subsection (b) the following new paragraph:
(4) The primary members present for a
vote on a sentence need not be the same primary members who voted on the
conviction if the requirements of section 948m(d) of this title are
met.
.
1031.
Modification of
Regional Defense Combating Terrorism Fellowship Program reporting
requirement
(a)
In
general
Section 2249c(c)
of title 10, United States Code, is amended—
(1) in paragraph (3),
by inserting , including engagement activities for program
alumni, after effectiveness of the program;
(2) in paragraph (4),
by inserting after program the following: , including a
list of any unfunded or unmet training requirements and requests;
and
(3) by adding at the
end the following new paragraph:
(5) A discussion and justification of how the
program fits within the theater security priorities of each of the commanders
of the geographic combatant
commands.
.
(b)
Effective
date
The amendments made by
subsection (a) shall apply with respect to a report submitted for a fiscal year
beginning after the date of the enactment of this Act.
1032.
Prohibition on
use of funds to construct or modify facilities in the United States to house
detainees transferred from United States Naval Station, Guantanamo Bay,
Cuba
(a)
In
general
No amounts authorized to be appropriated or otherwise
made available to the Department of Defense may be used during the period
beginning on the date of the enactment of this Act and ending on December 31,
2014, to construct or modify any facility in the United States, its
territories, or possessions to house any individual detained at Guantanamo for
the purposes of detention or imprisonment in the custody or under the control
of the Department of Defense unless authorized by Congress.
(b)
Exception
The
prohibition in subsection (a) shall not apply to any modification of facilities
at United States Naval Station, Guantanamo Bay, Cuba.
(c)
Individual
detained at Guantanamo defined
In this section, the term
individual detained at Guantanamo has the meaning given that
term in section 1033(f)(2).
1033.
Requirements
for certifications relating to the transfer of detainees at United States Naval
Station, Guantanamo Bay, Cuba, to foreign countries and other foreign
entities
(a)
Certification
required prior to transfer
(1)
In
general
Except as provided in paragraph (2) and subsection (d),
the Secretary of Defense may not use any amounts authorized to be appropriated
or otherwise available to the Department of Defense to transfer, during the
period beginning on the date of the enactment of this Act and ending on
December 31, 2014, any individual detained at Guantanamo to the custody or
control of the individual’s country of origin, any other foreign country, or
any other foreign entity unless the Secretary submits to Congress the
certification described in subsection (b) not later than 30 days before the
transfer of the individual.
(2)
Exception
Paragraph
(1) shall not apply to any action taken by the Secretary to transfer any
individual detained at Guantanamo to effectuate an order affecting the
disposition of the individual that is issued by a court or competent tribunal
of the United States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance).
(b)
Certification
A
certification described in this subsection is a written certification made by
the Secretary of Defense, with the concurrence of the Secretary of State and in
consultation with the Director of National Intelligence, that—
(1) the government of
the foreign country or the recognized leadership of the foreign entity to which
the individual detained at Guantanamo is to be transferred—
(A) is not a
designated state sponsor of terrorism or a designated foreign terrorist
organization;
(B) maintains control
over each detention facility in which the individual is to be detained if the
individual is to be housed in a detention facility;
(C) is not, as of the
date of the certification, facing a threat that is likely to substantially
affect its ability to exercise control over the individual;
(D) has taken or
agreed to take effective actions to ensure that the individual cannot take
action to threaten the United States, its citizens, or its allies in the
future;
(E) has taken or
agreed to take such actions as the Secretary of Defense determines are
necessary to ensure that the individual cannot engage or reengage in any
terrorist activity; and
(F) has agreed to
share with the United States any information that—
(i) is
related to the individual or any associates of the individual; and
(ii) could affect the
security of the United States, its citizens, or its allies; and
(2) includes an
assessment, in classified or unclassified form, of the capacity, willingness,
and past practices (if applicable) of the foreign country or entity in relation
to the Secretary’s certifications.
(c)
Prohibition in
cases of prior confirmed recidivism
(1)
Prohibition
Except
as provided in paragraph (2) and subsection (d), the Secretary of Defense may
not use any amounts authorized to be appropriated or otherwise made available
to the Department of Defense to transfer any individual detained at Guantanamo
to the custody or control of the individual’s country of origin, any other
foreign country, or any other foreign entity if there is a confirmed case of
any individual who was detained at United States Naval Station, Guantanamo Bay,
Cuba, at any time after September 11, 2001, who was transferred to such foreign
country or entity and subsequently engaged in any terrorist activity.
(2)
Exception
Paragraph
(1) shall not apply to any action taken by the Secretary to transfer any
individual detained at Guantanamo to effectuate an order affecting the
disposition of the individual that is issued by a court or competent tribunal
of the United States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance).
(d)
National
security waiver
(1)
In
general
The Secretary of Defense may waive the applicability to a
detainee transfer of a certification requirement specified in subparagraph (D)
or (E) of subsection (b)(1) or the prohibition in subsection (c), if the
Secretary certifies the rest of the criteria required by subsection (b) for
transfers prohibited by subsection (c) and, with the concurrence of the
Secretary of State and in consultation with the Director of National
Intelligence, determines that—
(A) alternative
actions will be taken to address the underlying purpose of the requirement or
requirements to be waived;
(B) in the case of a
waiver of subparagraph (D) or (E) of subsection (b)(1), it is not possible to
certify that the risks addressed in the paragraph to be waived have been
completely eliminated, but the actions to be taken under subparagraph (A) will
substantially mitigate such risks with regard to the individual to be
transferred;
(C) in the case of a
waiver of subsection (c), the Secretary has considered any confirmed case in
which an individual who was transferred to the country subsequently engaged in
terrorist activity, and the actions to be taken under subparagraph (A) will
substantially mitigate the risk of recidivism with regard to the individual to
be transferred; and
(D) the transfer is in
the national security interests of the United States.
(2)
Reports
Whenever
the Secretary makes a determination under paragraph (1), the Secretary shall
submit to the appropriate committees of Congress, not later than 30 days before
the transfer of the individual concerned, the following:
(A) A copy of the
determination and the waiver concerned.
(B) A statement of the
basis for the determination, including—
(i) an
explanation why the transfer is in the national security interests of the
United States;
(ii) in
the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), an
explanation why it is not possible to certify that the risks addressed in the
paragraph to be waived have been completely eliminated; and
(iii) a
classified summary of—
(I) the individual’s
record of cooperation while in the custody of or under the effective control of
the Department of Defense; and
(II) the agreements
and mechanisms in place to provide for continuing cooperation.
(C) A summary of the
alternative actions to be taken to address the underlying purpose of, and to
mitigate the risks addressed in, the paragraph or subsection to be
waived.
(D) The assessment
required by subsection (b)(2).
(e)
Record of
cooperation
In assessing the risk that an individual detained at
Guantanamo will engage in terrorist activity or other actions that could affect
the security of the United States if released for the purpose of making a
certification under subsection (b) or a waiver under subsection (d), the
Secretary of Defense may give favorable consideration to any such
individual—
(1) who has
substantially cooperated with United States intelligence and law enforcement
authorities, pursuant to a pre-trial agreement, while in the custody of or
under the effective control of the Department of Defense; and
(2) for whom
agreements and effective mechanisms are in place, to the extent relevant and
necessary, to provide for continued cooperation with United States intelligence
and law enforcement authorities.
(f)
Definitions
In
this section:
(1) The term
appropriate committees of Congress means—
(A) the Committee on
Armed Services, the Committee on Appropriations, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on
Armed Services, the Committee on Appropriations, the Committee on Foreign
Affairs, and the Permanent Select Committee on Intelligence of the House of
Representatives.
(2) The term
individual detained at Guantanamo means any individual located
at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009,
who—
(A) is not a citizen
of the United States or a member of the Armed Forces of the United States;
and
(B) is—
(i) in
the custody or under the control of the Department of Defense; or
(ii) otherwise under
detention at United States Naval Station, Guantanamo Bay, Cuba.
(3) The term
foreign terrorist organization means any organization so
designated by the Secretary of State under section 219 of the Immigration and
Nationality Act (8
U.S.C. 1189).
1034.
Prohibition on
the use of funds for the transfer or release of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba
No amounts authorized to be appropriated or
otherwise made available to the Department of Defense may be used during the
period beginning on the date of the enactment of this Act and ending on
December 31, 2014, to transfer, release, or assist in the transfer or release
to or within the United States, its territories, or possessions of Khalid
Sheikh Mohammed or any other detainee who—
(1) is not a United
States citizen or a member of the Armed Forces of the United States; and
(2) is or was held on
or after January 20, 2009, at United States Naval Station, Guantanamo Bay,
Cuba, by the Department of Defense.
1035.
Unclassified
summary of information relating to individuals detained at Parwan,
Afghanistan
Not later than 120
days after the date of the enactment of this Act, the Secretary of Defense
shall make publicly available an unclassified summary of information relating
to the individuals detained by the Department of Defense at the Detention
Facility at Parwan, Afghanistan, pursuant to the Authorization for Use of
Military Force (Public Law 107–40;
50 U.S.C.
1541 note) who have been determined to represent an enduring
security threat to the United States. Such summary shall cover any individual
detained at such facility as of the date of the enactment of this Act and any
individual so detained during the two-year period preceding the date of the
enactment of this Act. Such summary shall include for each such covered
individual—
(1) a
description of the relevant organization or organizations with which the
individual is affiliated;
(2) whether the
individual had ever been in the custody or under the effective control of the
United States at any time before being detained at such facility and, if so,
where the individual had been in such custody or under such effective control;
and
(3) whether the
individual has been directly linked to the death of any member of the United
States Armed Forces or any United States Government employee.
1036.
Assessment of
affiliates and adherents of al-Qaeda outside the United States
Not later than 120 days after the date of
the enactment of this Act, the President, acting through the Secretary of
Defense, shall submit to the congressional defense committees the Committee on
Foreign Relations of the Senate, and the Committee on Foreign Affairs of the
House of Representatives an assessment containing each of the following:
(1) An identification of any group operating
outside the United States that is an affiliate or adherent of, or otherwise
related to, al-Qaeda.
(2) A summary of relevant information relating
to each such group, including—
(A) the extent to
which members or leaders of the group have—
(i) conducted or
planned to conduct lethal or significant operations outside the borders of the
state or states in which the group ordinarily operates;
(ii) conducted fundraising or recruiting outside
the borders of such state or states; and
(iii) have
demonstrated any interest in conducting activities described in clauses (i) and
(ii) outside the borders of such state or states;
(B) the extent to
which the connection of the group to the senior leadership of al-Qaeda has
changed over time; and
(C) whether the group
has attacked or planned to purposefully attack United States citizens, members
of Armed Forces of the United States, or other representatives of the United
States, or is likely to do so in the future.
(3) An assessment of whether each group is part
of or substantially supporting al-Qaeda or the Taliban, or constitutes an
associated force that is engaged in hostilities against the United States or
its coalition partners for purposes of interpreting the scope of section 2 of
the Authorization for Use of Military Force (Public Law
107–40; 115 Stat. 224;
50 U.S.C.
1541 note).
(4) The criteria used to determine the nature
and extent of each group’s relationship to al-Qaeda.
1037.
Designation of
Department of Defense senior official for facilitating the transfer of
individuals detained at United States Naval Station, Guantanamo Bay,
Cuba
Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall—
(1) designate a senior
official of the Department of Defense as the official with principal
responsibility for coordination and management of the transfer of individuals
detained at United States Naval Station, Guantanamo Bay, Cuba; and
(2) set forth the
responsibilities of that senior official with respect to such transfers.
1038.
Rank of chief
prosecutor and chief defense counsel in military commissions established to try
individuals detained at Guantanamo
For purposes of any military commission
established under
chapter 47A of title 10,
United States Code, to try an alien unprivileged enemy belligerent (as such
terms are defined in section 948a of such title) who is detained at United
States Naval Station, Guantanamo Bay, Cuba, the chief defense counsel and the
chief prosecutor shall have the same rank.
1039.
Report on
capability of Yemeni government to detain, rehabilitate, and prosecute
individuals detained at Guantanamo who are transferred to Yemen
Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense and the Secretary of State
shall jointly submit to the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on Foreign
Relations of the Senate a report on the capability of the government of Yemen
to detain, rehabilitate, and prosecute individuals detained at Guantanamo (as
such term is defined in section 1033(f)(2)) who are transferred to Yemen. Such
report shall include an assessment of any humanitarian issues that may be
encountered in transferring individuals detained at Guantanamo to Yemen.
1040.
Report on
attachment of rights to individuals detained at Guantanamo if transferred to
the United States
Not later
than 90 days after the date of the enactment of this Act, the Secretary of
Defense and the Attorney General shall jointly submit to the congressional
defense committees, the Committee on the Judiciary of the House of
Representatives, and the Committee on the Judiciary of the Senate a report that
includes each of the following:
(1) A
description of the extent to which an individual detained at Guantanamo, if
transferred to the United States, could become eligible, by reason of such
transfer, for—
(A) relief from removal from the United States,
including pursuant to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment;
(B) any required
release from immigration detention, including pursuant to the decision of the
Supreme Court in Zadvydas v. Davis;
(C) asylum or
withholding of removal; or
(D) any additional
constitutional right.
(2) For any right
referred to in paragraph (1) for which the Secretary and Attorney General
determine such an individual could become eligible if so transferred, a
description of the reasoning behind such determination and an explanation of
the nature of the right.
1040A.
Summary of
information relating to individuals detained at Guantanamo who became leaders
of foreign terrorist groups
(a)
In
general
Not later than 90
days after the date of the enactment of this Act, the Secretary of Defense
shall make publicly available a summary of information relating to individuals
who were formerly detained at United States Naval Station, Guantanamo Bay,
Cuba, who have, since being transferred or released from such detention, have
become leaders or involved in the leadership structure of a foreign terrorist
group.
(b)
Form of
summary
The summary required
under subsection (a) shall be in unclassified form, but may contain a
classified annex. The Secretary of Defense shall submit any such classified
annex to the congressional defense committees.
1040B.
Procedures
governing United States citizens apprehended inside the United States pursuant
to the Authorization for Use of Military Force
(a)
Availability of
writ of habeas corpus
Nothing in the Authorization for Use of
Military Force (Public Law 107–40;
50 U.S.C.
1541 note), or any other law, shall be construed to deny the
availability of the writ of habeas corpus to any United States citizen
apprehended inside the United States pursuant to the Authorization for Use of
Military Force (Public Law 107–40;
50 U.S.C.
1541 note).
(b)
Procedures
In
any habeas proceeding brought by a United States citizen apprehended inside the
United States pursuant to the Authorization for Use of Military Force
(Public Law
107–40;
50 U.S.C.
1541 note), the government shall have the burden of proving by
clear and convincing evidence that such citizen is an unprivileged enemy
belligerent and there shall be no presumption that any evidence presented by
the government as justification for the apprehension and subsequent detention
is accurate and authentic.
1040C.
Prohibition
on the use of funds for recreational facilities for individuals detained at
Guantanamo
None of the funds
authorized to be appropriated or otherwise available to the Department of
Defense may be used to provide additional or upgraded recreational facilities
for individuals detained at United States Naval Station, Guantanamo Bay,
Cuba.
1040D.
Prohibition
on transfer or release of individuals detained at Guantanamo to
Yemen
None of the amounts
authorized to be available to the Department of Defense may be used to
transfer, release, or assist in the transfer or release, during the period
beginning on the date of enactment of this Act and ending on December 31, 2014,
any individual detained at Guantanamo (as such term is defined in section
1033(f)(2)) to the custody or control of the Republic of Yemen or any entity
within Yemen.
E
Sensitive Military
Operations
1041.
Congressional
notification of sensitive military operations
(a)
Notification
required
(1)
In
general
Chapter 3 of title 10, United
States Code, is amended by adding at the end the following new section:
130f.
Congressional
notification of sensitive military operations
(a)
In
general
The Secretary of
Defense shall promptly submit to the congressional defense committees notice in
writing of any sensitive military operation following such operation.
(b)
Procedures
(1) The Secretary of Defense shall establish
and submit to the congressional defense committees procedures for complying
with the requirements of subsection (a) consistent with the national security
of the United States and the protection of operational integrity.
(2) The congressional defense committees
shall ensure that committee procedures designed to protect from unauthorized
disclosure classified information relating to national security of the United
States are sufficient to protect the information that is submitted to the
committees pursuant to this section.
(c)
Sensitive
military operation defined
The term sensitive military
operation means a lethal operation or capture operation conducted by
the armed forces outside the United States pursuant to—
(1) the Authorization
for Use of Military Force (Public Law 107–40;
50 U.S.C.
1541 note); or
(2) any other
authority except—
(A) a declaration of
war; or
(B) a specific
statutory authorization for the use of force other than the authorization
referred to in paragraph (1).
(d)
Exception
The
notification requirement under subsection (a) shall not apply with respect to a
sensitive military operation executed within the territory of Afghanistan
pursuant to the Authorization for Use of Military Force (Public Law
107–40;
50 U.S.C.
1541 note).
(e)
Rule of
construction
Nothing in this
section shall be construed to provide any new authority or to alter or
otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the
Authorization for Use of Military Force (Public Law 107–40;
50 U.S.C.
1541 note), or any requirement under the National Security Act
of 1947 (50 U.S.C.
3001 et
seq.).
.
(2)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 130e the following
new item:
130f. Congressional notification regarding
sensitive military
operations.
.
(b)
Effective
date
Section 130f of title 10, United
States Code, as added by subsection (a), shall apply with respect to any
sensitive military operation (as defined in subsection (c) of such section)
executed on or after the date of the enactment of this Act.
(c)
Deadline for
submittal of procedures
The Secretary of Defense shall submit to
the congressional defense committees the procedures required under
section
130f(b) of title 10, United States Code, as added by subsection
(a), by not later than 60 days after the date of the enactment of this
Act.
1042.
Report on
process for determining targets of lethal operations
Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an explanation of the
legal and policy considerations and approval processes used in determining
whether an individual or group of individuals could be the target of a lethal
operation or capture operation conducted by the Armed Forces of the United
States outside the United States.
1043.
Counterterrorism
operational briefings
(a)
Briefings
required
Chapter
23 of title 10, United States Code, is amended by adding at the
end the following new section:
492.
Quarterly
briefings: counterterrorism operations
(a)
Briefings
Required
The Secretary of
Defense shall provide to the congressional defense committees quarterly
briefings outlining Department of Defense counterterrorism operations and
related activities.
(b)
Elements
Each
briefing under subsection (a) shall include each of the following:
(1) A global update on
activity within each geographic combatant command.
(2) An overview of
authorities and legal issues including limitations.
(3) An outline of
interagency activities and initiatives.
(4) Any other matters
the Secretary considers
appropriate.
.
(b)
Clerical
amendment
The table of
sections at the beginning of such chapter is amended by adding at the end the
following new item:
492. Quarterly briefings: counterterrorism
operations.
.
F
Nuclear
Forces
1051.
Prohibition on
elimination of the nuclear triad
(a)
Prohibition on
triad reductions
None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2014 for the Department
of Defense may be obligated or expended to reduce, convert, or decommission any
strategic delivery system if such reduction, conversion, or decommissioning
would eliminate a leg of the nuclear triad.
(b)
Nuclear triad
defined
The term nuclear triad means the nuclear
deterrent capabilities of the United States composed of the following:
(1) Land-based
intercontinental ballistic missiles.
(2) Submarine-launched
ballistic missiles and associated ballistic missile submarines.
(3) Nuclear-certified
strategic bombers.
1052.
Limitation on
availability of funds for reduction of nuclear forces
(a)
Limitation
None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year 2014 for
the Department of Defense or the National Nuclear Security Administration may
be obligated or expended to carry out reductions to the nuclear forces of the
United States required by the New START Treaty until—
(1) the Secretary of Defense submits to the
appropriate congressional committees the plan required by section 1042(a) of
the National Defense Authorization Act of Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1575); and
(2) the President
certifies to the appropriate congressional committees that any further
reductions to such forces that result in such forces being reduced below the
level required by the New START Treaty will be carried out only pursuant
to—
(A) a treaty or international agreement
specifically approved with the advice and consent of the Senate pursuant to
Article II, section 2, clause 2 of the Constitution; or
(B) an Act of Congress specifically authorizing
such reductions.
(b)
Exception
The limitation in subsection (a) shall not
apply to the following:
(1) Reductions made to
ensure the safety, security, reliability, and credibility of the nuclear
weapons stockpile and strategic delivery systems, including activities related
to surveillance, assessment, certification, testing, and maintenance of nuclear
warheads and strategic delivery systems.
(2) Nuclear warheads
that are retired or awaiting dismantlement on the date of the enactment of this
Act.
(3) Inspections
carried out pursuant to the New START Treaty.
(c)
Definitions
In
this section:
(1) The term
appropriate congressional committees means the following:
(A) The congressional defense
committees.
(B) The Committee on
Foreign Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate.
(2) The term New START Treaty
means the Treaty between the United States of America and the Russian
Federation on Measures for the Further Reduction and Limitation of Strategic
Offensive Arms, signed on April 8, 2010, and entered into force on February 5,
2011.
1053.
Limitation on
availability of funds for reduction or consolidation of dual-capable aircraft
based in Europe
(a)
Limitation
None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year 2014 for
the Department of Defense may be used to reduce or consolidate the basing of
dual-capable aircraft of the United States that are based in Europe until a
period of 90 days has elapsed after the date on which the Secretary of Defense
certifies to the congressional defense committees that—
(1) the Russian
Federation has carried out similar reductions or consolidations with respect to
dual-capable aircraft of Russia;
(2) the Secretary has consulted with the member
states of the North Atlantic Treaty Organization with respect to the planned
reduction or consolidation of the Secretary; and
(3) there is a
consensus among such member states in support of such planned reduction or
consolidation.
(b)
Dual-capable
aircraft defined
In this
section, the term dual-capable aircraft means aircraft that can
perform both conventional and nuclear missions.
1054.
Statement of
policy on implementation of any agreement for further arms reduction below the
levels of the New START Treaty; limitation on retirement or dismantlement of
strategic delivery systems
(a)
Finding;
statement of policy
(1)
Finding
Congress finds that it was the Declaration
of the United States Senate in its Resolution of Advice and Consent to the New
START Treaty that [t]he Senate declares that further arms reduction
agreements obligating the United States to reduce or limit the Armed Forces or
armaments of the United States in any militarily significant manner may be made
only pursuant to the treaty-making power of the President as set forth in
Article II, section 2, clause 2 of the Constitution of the United
States.
(2)
Statement of
policy
Congress reaffirms the Declaration described in paragraph
(1) and states that any agreement for further arms reduction below the levels
of the New START Treaty, including those that may seek to use the Treaty’s
verification regime, may only be made pursuant to the treaty-making power of
the President as set forth in Article II, section 2, clause 2 of the
Constitution of the United States or by Act of Congress, as set forth in the
Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.).
(b)
Limitation
(1)
In
general
None of the funds
authorized to be appropriated by this Act or otherwise made available for
fiscal year 2014 or any fiscal year thereafter for the Department of Defense
may be obligated or expended to retire, dismantle, or deactivate, or prepare to
retire, dismantle, or deactivate, any covered strategic delivery vehicle if
such action reduces the number of covered strategic delivery vehicles to less
than the 800 required to implement the New START Treaty.
(2)
Waiver
In accordance with subsection (c), the
President may waive the limitation under paragraph (1) with respect to a fiscal
year if the President submits to the appropriate congressional committees
written notification that—
(A) the Senate has given its advice and consent
to ratification of a nuclear arms reduction treaty with the Russian Federation
that requires Russia to significantly and proportionally reduce its number of
nonstrategic nuclear warheads, or an international agreement for such purpose
is entered into pursuant to an Act of Congress as set forth in the Arms Control
and Disarmament Act (22 U.S.C. 2551 et seq.);
(B) such treaty or
agreement has entered into force; and
(C) such waiver is
required during such fiscal year to implement such treaty or agreement.
(c)
Additional
limitations
(1)
Certain
compliance of nuclear arms control agreements
If the President makes a waiver under
subsection (b)(2), none of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2014 or any fiscal year thereafter
for the Department of Defense may be obligated or expended to retire,
dismantle, or deactivate, or prepare to retire, dismantle, or deactivate, any
covered strategic delivery vehicle until 30 days elapses following the date on
which the President submits to the appropriate congressional committees and the
congressional intelligence committees written certification that the Russian
Federation is in compliance with its nuclear arms control agreements and
obligations with the United States.
(2)
Certain
intelligence
If the President
makes a waiver under subsection (b)(2), none of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year 2014 or
any fiscal year thereafter for the Department of Defense may be obligated or
expended to retire, dismantle, or deactivate, or prepare to retire, dismantle,
or deactivate, any covered strategic delivery vehicle in accordance with a
treaty or international agreement entered into pursuant to an Act of Congress
requiring such actions unless the President submits to the appropriate
congressional committees and the congressional intelligence committees written
certification that the intelligence community has high confidence judgments
with respect to—
(A) the nuclear
weapons production capacity of the People’s Republic of China;
(B) the nature, number, location, and
targetability of the nuclear weapons and strategic delivery systems of China;
and
(C) the nuclear
doctrine of China.
(d)
Exception
The limitations in subsection (b) and (c)
shall not apply to reductions made to ensure the safety, security, reliability,
and credibility of the nuclear weapons stockpile and strategic delivery systems
of the United States, including activities related to surveillance, assessment,
certification, testing, and maintenance of nuclear warheads and strategic
delivery system.
(e)
Definitions
In
this section:
(1) The term
appropriate congressional committees means the following:
(A) The congressional
defense committees.
(B) The Committee on
Foreign Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate.
(2) The term
congressional intelligence committees means the
following:
(A) The Permanent Select Committee on
Intelligence of the House of Representatives.
(B) The Select Committee on Intelligence of the
Senate.
(3) The term
covered strategic delivery vehicle means the following:
(A) B–52H bomber aircraft.
(B) B–2 Spirit bomber
aircraft.
(C) Trident ballistic
missile submarines.
(D) Trident II D5
submarine launched ballistic missiles.
(E) Minuteman III
intercontinental ballistic missiles.
(4) The term New START Treaty
means the Treaty between the United States of America and the Russian
Federation on Measures for the Further Reduction and Limitation of Strategic
Offensive Arms, signed on April 8, 2010, and entered into force on February 5,
2011.
1055.
Sense of
congress on compliance with nuclear arms control agreements
(a)
Findings
Congress
finds the following:
(1) President Obama
stated in Prague in April 2009 that Rules must be binding. Violations
must be punished. Words must mean something..
(2) President Obama’s
Nuclear Posture Review of 2010 stated, it is not enough to detect
non-compliance; violators must know that they will face consequences when they
are caught..
(3) The July 2010
Verifiability Assessment released by the Department of State on the New START
Treaty stated, The costs and risks of Russian cheating or breakout, on
the other hand, would likely be very significant. In addition to the financial
and international political costs of such an action, any Russian leader
considering cheating or breakout from the New START Treaty would have to
consider that the United States will retain the ability to upload large numbers
of additional nuclear warheads on both bombers and missiles under the New
START, which would provide the ability for a timely and very significant U.S.
response..
(4) Subsection (a) of
the Resolution of Advice and Consent to Ratification of the New START Treaty of
the Senate, agreed to on December 22, 2010, listed conditions of the Senate to
the ratification of the New START Treaty that are binding upon the President,
including the condition under paragraph (1)(B) of such subsection that requires
the President to take certain actions in response to actions by the Russian
Federation that are in violation of or inconsistent with such treaty, including
to seek on an urgent basis a meeting with the Russian Federation at the
highest diplomatic level with the objective of bringing the Russian Federation
into full compliance with its obligations under the New START
Treaty.
(5) The Obama
Administration demonstrated that violations of treaty obligations by other
parties require corresponding action by the United States when, on November 22,
2011, the Department of State announced that the United States would
cease carrying out certain obligations under the Conventional Armed
Forces in Europe (CFE) Treaty with regard to Russia. This announcement in the
CFE Treaty’s implementation group comes after the United States and NATO Allies
have tried over the past 4 years to find a diplomatic solution following
Russia’s decision in 2007 to cease implementation with respect to all other 29
CFE States. Since then, Russia has refused to accept inspections and ceased to
provide information to other CFE Treaty parties on its military forces as
required by the Treaty..
(6) On October 17,
2012, the Chairman of the Committee on Armed Services of the House of
Representatives and the Chairman of the Permanent Select Committee on
Intelligence of the House of Representatives wrote a classified letter to the
President stating their concerns about a major arms control violation by the
Russian Federation.
(7) The Chairmen
followed up their classified letter with unclassified letters on February 14
and April 12, 2013—in their latest letter, the Chairmen stated that they expect
the Administration to directly confront the Russian violations and
circumventions of this and other treaties…[we] further ask, again, for your
engagement in correcting this behavior. We also seek your commitment not to
undertake further reductions to the U.S. nuclear deterrent or extended
deterrent until this Russian behavior is corrected. We are in full agreement
with your policy as you articulated it in Prague four years ago this month,
rules must be binding, Violations must be punished. Words must mean
something..
(b)
Sense of
congress
It is the sense of Congress that the President should
consider not seeking to further limit or reduce the nuclear forces of the
United States, including by negotiation, with a foreign country that remains in
active noncompliance with existing nuclear arms obligations, such as the
Russian Federation.
(c)
Obligations of
the president in the event of noncompliance
If the President
determines that a foreign country is not in compliance with its obligations
under a nuclear arms control agreement, treaty, or commitment to which the
United States is a party or in which the United States is a participating
government, including the Missile Technology Control Regime, the President
shall—
(1) immediately
consult with Congress regarding the implications of such noncompliance
for—
(A) the viability of
such agreement, treaty, or commitment; and
(B) the national
security interests of the United States and the allies of the United
States;
(2) submit to Congress
a plan concerning the diplomatic strategy of the President to engage such
foreign country at the highest diplomatic level with the objective of bringing
such country into full compliance with such obligations; and
(3) at the earliest
date practicable following the submission of the plan under paragraph (2),
submit to Congress a report detailing—
(A) whether adherence
by the United States to such obligation remains in the national security
interests of the United States or the allies of the United States; and
(B) how the United
States will redress the effect of such noncompliance to the national security
interests of the United States or such allies.
1056.
Retention of
capability to redeploy multiple independently targetable reentry
vehicles
(a)
Deployment
capability
The Secretary of
the Air Force shall ensure that the Air Force is capable of—
(1) deploying multiple
independently targetable reentry vehicles to Minuteman III intercontinental
ballistic missiles, and any ground-based strategic deterrent follow-on to such
missiles; and
(2) commencing such
deployment not later than 270 days after the date on which the President
determines such deployment necessary.
(b)
Warhead
capability
The Nuclear
Weapons Council established by
section
179 of title 10, United States Code, shall ensure that—
(1) the nuclear weapons stockpile contains a
sufficient number of nuclear warheads that are capable of being deployed as
multiple independently targetable reentry vehicles with respect to Minuteman
III intercontinental ballistic missiles, and any ground-based strategic
deterrent follow-on to such missiles; and
(2) such deployment is
capable of being commenced not later than 270 days after the date on which the
President determines such deployment necessary.
1057.
Assessment of
nuclear weapons program of the People’s Republic of China
Section 1045(b) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1933)
is amended—
(1) in paragraph (4),
by striking August 15, 2013 and inserting August 15,
2014; and
(2) by adding at the
end the following new paragraph:
(5)
Limitation
Of the funds authorized to be appropriated
by the National Defense Authorization Act for Fiscal Year 2014 or otherwise
made available for fiscal year 2014 for the Office of the Secretary of Defense
for travel, not more than 75 percent may be obligated or expended until a
period of 30 days has elapsed following the date on which the Secretary of
Defense notifies the appropriate congressional committees that the Secretary
has entered into an agreement under paragraph (1) with a federally funded
research and development
center.
.
1058.
Cost estimates
for nuclear weapons
Section
1043(a) of the National Defense Authorization Act for Fiscal Year 2012
(Public Law
112–81; 125 Stat. 1576), as amended by section 1041 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1931), is amended—
(1) in paragraph
(2)(F), by inserting personnel, after
maintenance,; and
(2) in paragraph (3),
by inserting before the period at the end the following: , including how
and which locations were counted.
1059.
Report on New
START Treaty
Not later than
January 15, 2014, the Secretary of Defense and the Chairman of the Joint Chiefs
of Staff shall jointly submit to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the Committee
on Foreign Relations of the Senate a report on whether the New START Treaty (as
defined in section
494(a)(2)(D)(ii)) of title 10, United States Code) is in the
national security interests of the United States.
G
Miscellaneous
Authorities and Limitations
1061.
Enhancement of
capacity of the United States Government to analyze captured records
(a)
In
general
Chapter
21 of title 10, United States Code, is amended by inserting
after section
426 the following new section:
427.
Conflict
Records Research Center
(a)
Center
Authorized
The Secretary of
Defense may establish a center to be known as the Conflict Records
Research Center (in this section referred to as the
Center).
(b)
Purposes
The
purposes of the Center shall be the following:
(1) To establish a
digital research database including translations and to facilitate research and
analysis of records captured from countries, organizations, and individuals,
now or once hostile to the United States, with rigid adherence to academic
freedom and integrity.
(2) Consistent with the protection of national
security information, personally identifiable information, and intelligence
sources and methods, to make a significant portion of these records available
to researchers as quickly and responsibly as possible while taking into account
the integrity of the academic process and risks to innocents or third
parties.
(3) To conduct and
disseminate research and analysis to increase the understanding of factors
related to international relations, counterterrorism, and conventional and
unconventional warfare and, ultimately, enhance national security.
(4) To collaborate
with members of academic and broad national security communities, both domestic
and international, on research, conferences, seminars, and other information
exchanges to identify topics of importance for the leadership of the United
States Government and the scholarly community.
(c)
Concurrence of
the Director of National Intelligence
The Secretary of Defense
shall seek the concurrence of the Director of National Intelligence to the
extent the efforts and activities of the Center involve the entities referred
to in subsection (b)(4).
(d)
Support From
Other United States Government Departments or Agencies
The head
of any non-Department of Defense department or agency of the United States
Government may—
(1) provide to the
Secretary of Defense services, including personnel support, to support the
operations of the Center; and
(2) transfer funds to
the Secretary of Defense to support the operations of the Center.
(e)
Acceptance of
Gifts and Donations
(1) Subject to paragraph
(3), the Secretary of Defense may accept from any source specified in paragraph
(2) any gift or donation for purposes of defraying the costs or enhancing the
operations of the Center.
(2) The sources specified in this
paragraph are the following:
(A) The government of a State or a
political subdivision of a State.
(B) The government of a foreign
country.
(C) A foundation or other charitable
organization, including a foundation or charitable organization that is
organized or operates under the laws of a foreign country.
(D) Any source in the private sector of
the United States or a foreign country.
(3) The Secretary may not accept a gift
or donation under this subsection if acceptance of the gift or donation would
compromise or appear to compromise—
(A) the ability of the Department of
Defense, any employee of the Department, or any member of the armed forces to
carry out the responsibility or duty of the Department in a fair and objective
manner; or
(B) the integrity of any program of the
Department or of any person involved in such a program.
(4) The Secretary shall provide written
guidance setting forth the criteria to be used in determining the applicability
of paragraph (3) to any proposed gift or donation under this subsection.
(f)
Crediting of
Funds Transferred or Accepted
Funds transferred to or accepted by
the Secretary of Defense under this section shall be credited to appropriations
available to the Department of Defense for the Center, and shall be available
for the same purposes, and subject to the same conditions and limitations, as
the appropriations with which merged. Any funds so transferred or accepted
shall remain available until expended.
(g)
Definitions
In
this section:
(1) The term
captured record means a document, audio file, video file, or
other material captured during combat operations from countries, organizations,
or individuals, now or once hostile to the United States.
(2) The term
gift or donation means any gift or donation of funds, materials
(including research materials), real or personal property, or services
(including lecture services and faculty
services).
.
(b)
Clerical
amendment
The table of
sections at the beginning of subchapter I of such chapter is amended by
inserting after the item relating to section 426 the following new item:
427. Conflict Records Research
Center.
.
1062.
Extension of
authority to provide military transportation services to certain other agencies
at the Department of Defense reimbursement rate
(a)
In
general
Section 2642(a) of
title 10, United States Code, is amended—
(1) by striking
airlift each place it appears and inserting
transportation; and
(2) in paragraph
(3)—
(A) by striking
October 28, 2014 and inserting September 30,
2019;
(B) by inserting and
military transportation services provided in support of foreign military
sales after Department of Defense; and
(C) by striking
air industry and inserting transportation
industry.
(b)
Technical
amendment
The heading for
such section is amended by striking Airlift and inserting
Transportation.
(c)
Clerical
amendment
The table of sections at the beginning of chapter 157
of such title is amended by striking the item relating to section 2642 and
inserting the following new item:
2642. Transportation services provided to
certain other agencies: use of Department of Defense reimbursement
rates.
.
1063.
Limitation on
availability of funds for modification of force structure of the
Army
None of the funds
authorized to be appropriated by this Act or otherwise made available for
fiscal year 2014 for the Department of the Army may be used to modify the force
structure or basing strategy of the Army until the Secretary of the
Army—
(1) submits to
Congress the report on force structure required by section 1066 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1943); and
(2) provides to the congressional defense
committees a briefing on the most recent force mix analysis conducted by the
Secretary, including—
(A) the assumptions
and scenarios used to determine the type and mix of Brigade Combat
Teams;
(B) the rationale for
the recommended force mix; and
(C) the risks involved
with the recommended force mix.
1064.
Limitation on
use of funds for public-private cooperation activities
No amounts authorized to be appropriated or
otherwise made available to the Department of Defense by this Act or any other
Act may be obligated or expended on any public-private cooperation activity
undertaken by a combatant command until the Secretary of Defense submits to the
Committee on Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives the report on the conclusions of the Defense
Business Board that the Secretary was directed to provide under the Report of
the Committee on Armed Services to accompany H.R. 4310 of the 112th Congress
(House Report 112–479).
1065.
Unmanned
aircraft joint training and usage plan
(a)
Methods
The Secretary of Defense, the Secretary of
Homeland Security, and the Administrator of the Federal Aviation Administration
jointly shall develop and implement plans and procedures to review the
potential of joint testing and evaluation of unmanned aircraft equipment and
systems with other appropriate departments and agencies of the Federal
Government that may serve the dual purpose of providing capabilities to the
Department of Defense to meet the future requirements of combatant commanders
and domestically to strengthen international border security.
(b)
Report
Not
later than 270 days after date of the enactment of this Act, the Secretary of
Defense, the Secretary of Homeland Security, and the Administrator of the
Federal Aviation Administration shall jointly submit to Congress a report on
the status of the development of the plans and procedures required under
subsection (a), including a cost benefit analysis of the shared expenses
between the Department of Defense and other appropriate departments and
agencies of the Federal Government to support such plans.
H
Studies and
Reports
1071.
Oversight of combat
support agencies
Section 193(a)(1) of
title 10, United States Code, is amended in the matter preceding subparagraph
(A) by inserting and the congressional defense committees after
the Secretary of Defense.
1072.
Inclusion in annual
report of description of interagency coordination relating to humanitarian
demining technology
Section 407(d) of
title 10, United States Code, is amended—
(1) in paragraph (3),
by striking and at the end;
(2) in paragraph (4),
by striking the period and inserting ; and; and
(3) by adding at the
end the following new paragraph:
(5) a description of interagency efforts to
coordinate and improve research, development, test, and evaluation for
humanitarian demining technology and mechanical clearance methods, including
the transfer of relevant counter-improvised explosive device technology with
potential humanitarian demining applications.
.
1073.
Extension of
deadline for Comptroller General report on assignment of civilian employees of
the Department of Defense as advisors to foreign ministries of
defense
Section 1081(d) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law. 112–81;
125 Stat. 1599; 10
U.S.C. 168 note) is amended by striking December 30,
2013 and inserting December 30, 2014.
1074.
Repeal of
requirement for Comptroller General assessment of Department of Defense
efficiencies
Section 1054 of
the National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1582) is repealed.
1075.
Matters for
inclusion in the assessment of the 2013 quadrennial defense review
(a)
In
general
For purposes of conducting the assessment of the 2013
quadrennial defense review under
section
118 of title 10, United States Code, the National Defense Panel
established under subsection (f) of such section (hereinafter in this section
referred to as the Panel) shall—
(1) conduct an
assessment of the recommendation included in the assessment of the 2009
quadrennial defense review under such section regarding the establishment of a
standing, independent strategic review panel;
(2) include in the
report required by paragraph (7) of such subsection the recommendations of the
Panel regarding the establishment of such a standing panel; and
(3) take into
consideration the Strategic Choices and Management Review directed by the
Secretary of Defense during 2013, particularly in carrying out the
responsibilities of the Panel under clauses (i), (ii), and (v) of paragraph (5)
of such subsection.
(b)
Updates from
Secretary of Defense
In providing updates to the panel regarding
the 2013 quadrennial defense review under paragraph (8) of such subsection, or
providing information requested by the panel pursuant to paragraph (9)(A) of
such subsection, the Secretary of Defense or head of the department or agency,
as appropriate, shall also provide information related to the Strategic Choices
and Management Review.
1076.
Review and
assessment of United States Special Operations Forces and United States Special
Operations Command
(a)
In
General
The Secretary of Defense shall conduct a review of the
United States Special Operations Forces organization, capabilities, and
structure.
(b)
Report
Not later than the date on which the budget
of the President is submitted to Congress under
section
1105(a) of title 31, United States Code, for fiscal year 2015,
the Secretary of Defense shall submit to the congressional defense committees a
report on the review conducted under subsection (a). Such report shall include
an analysis of each of the following:
(1) The organizational structure of the United
States Special Operations Command and each subordinate component, as in effect
as of the date of the enactment of this Act.
(2) The policy and
civilian oversight structures for Special Operations Forces within the
Department of Defense, as in effect as of the date of the enactment of this
Act, including the statutory structures and responsibilities of the Office of
the Secretary of Defense for Special Operations and Low Intensity Conflict
within the Department.
(3) The roles and
responsibilities of United States Special Operations Command and Special
Operations Forces under
section
167 of title 10, United States Code.
(4) Current and future
special operations peculiar requirements of the commanders of the geographic
combatant commands, Theater Special Operations Commands, and command
relationships between United States Special Operations Command and the
geographic combatant commands.
(5) The funding
authorities, uses, and oversight mechanisms of Major Force Program–11.
(6) Changes to
structure, authorities, oversight mechanisms, Major Force Program–11 funding,
roles, and responsibilities assumed in the 2014 Quadrennial Defense
Review.
(7) Any other matters
the Secretary of Defense determines are appropriate to ensure a comprehensive
review and assessment.
(c)
In
general
Not later than 60
days after the date on which the report required by subsection (b) is
submitted, the Comptroller General of the United States shall submit to the
congressional defense committees a review of the report. Such review shall
include an assessment of United States Special Operations Forces organization,
capabilities, and force structure with respect to conventional force structures
and national military strategies.
1077.
Reports on
unmanned aircraft systems
(a)
Report on
collaboration, demonstration, and use cases and data sharing
Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, the Secretary of
Transportation, the Administrator of the Federal Aviation Administration, and
the Administrator of the National Aeronautics and Space Administration, on
behalf of the UAS Executive Committee, shall submit jointly to the appropriate
committees of Congress a report setting forth the following:
(1) The collaboration, demonstrations, and
initial fielding of unmanned aircraft systems at test sites within and outside
of restricted airspace.
(2) The progress being
made to develop public and civil sense-and-avoid and command-and-control
technology.
(3) An assessment on the sharing of
operational, programmatic, and research data relating to unmanned aircraft
systems operations by the Federal Aviation Administration, the Department of
Defense, and the National Aeronautics and Space Administration to help the
Federal Aviation Administration establish civil unmanned aircraft systems
certification standards, pilot certification and licensing, and air traffic
control procedures, including identifying the locations selected to collect,
analyze, and store the data.
(b)
Report on
resource requirements needed for unmanned aircraft systems described in the
five-year roadmap
Not later
than 90 days after the date of the enactment of this Act, the Secretary of
Defense, on behalf of the UAS Executive Committee, shall submit to the
appropriate committees of Congress a report setting forth the resource
requirements needed to meet the milestones for unmanned aircraft systems
integration described in the five-year roadmap under section 332(a)(5) of the
FAA Modernization and Reform Act (Public Law 112–95;
49 U.S.C.
40101 note).
(c)
Definitions
In
this section:
(1) The term
appropriate committees of Congress means—
(A) the Committee on
Armed Services, the Committee on Commerce, Science and Transportation, and the
Committee on Appropriations of the Senate; and
(B) the Committee on
Armed Services, the Committee on Transportation and Infrastructure, the
Committee on Science, Space, and Technology, and the Committee on
Appropriations of the House of Representatives.
(2) The term UAS Executive
Committee means the Department of Defense–Federal Aviation
Administration executive committee described in section 1036(b) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law
110–417; 122 Stat. 4596) established by the Secretary of
Defense and the Administrator of the Federal Aviation Administration.
1078.
Online
availability of reports submitted to Congress
(a)
In
general
Subsection (a)(1) of
section
122a of title 10, United States Code, is amended to read as
follows:
(1) made available on a publicly accessible
Internet website of the Department of Defense;
and
.
(b)
Effective
date
The amendment made by
subsection (a) shall apply with respect to reports submitted to Congress after
the date of the enactment of this Act.
1079.
Provision of
defense planning guidance and contingency operation plan information to
Congress
(a)
In
general
Section 113(g) of
title 10, United States Code is amended by adding at the end, the following new
paragraph:
(3) At the time of the budget submission by the
President for a fiscal year, the Secretary of Defense shall submit to the
congressional defense committees an annual report containing summaries of the
guidance developed under paragraphs (1) and (2), as well as summaries of any
plans developed in accordance with the guidance developed under paragraph (2).
Such summaries shall be sufficient to allow the congressional defense
committees to evaluate fully the requirements for military forces, acquisition
programs, and operations and maintenance funding in the President’s annual
budget request for the Department of
Defense.
.
(b)
Report
required
Notwithstanding the
requirement under paragraph (3) of
section
113(g) of title 10, United States Code, as added by subsection
(a), that the Secretary of Defense submit reports under that paragraph at the
time of the President’s annual budget submission, the Secretary shall submit to
the congressional defense committees the first report required under that
paragraph by not later than 120 days after the date of the enactment of this
Act.
(c)
Limitation on
obligation of funds pending report
Of the funds authorized to be appropriated
by this Act for Operation and Maintenance, Defense-wide, for the office of the
Secretary of Defense, not more than 75 percent may be obligated or expended
before the date that is 15 days after the date on which the Secretary submits
the report described in subsection (b).
1080.
Report on
United States citizens subject to military detention
(a)
Report
required
The Secretary of
Defense shall submit to Congress an annual report on United States citizens
subject to military detention. Such report shall include, for the period
covered by the report, each of the following:
(1) The name of each
United States citizen subject to military detention during such period.
(2) The legal
justification for such detention of such citizen.
(3) The steps taken to
provide judicial process for or to release each such citizen.
(b)
Form of
report
The report required by
subsection (a) shall be in unclassified form but may contain a classified
annex.
(c)
Availability of
report
The report submitted under subsection (a) shall be made
available to all members of Congress.
(d)
Savings
clause
Nothing in this
section shall be construed to authorize or express approval for subjecting
United States citizens to military detention.
1080A.
Report on
implementation of the recommendations of the Palomares Nuclear Weapons Accident
Revised Dose Evaluation Report
Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force shall submit to the
Committees on Armed Services of the Senate and the House of Representatives a
report on the implementation of the recommendations of the Palomares Nuclear
Weapons Accident Revised Dose Evaluation Report released in April by the Air
Force in 2001.
1080B.
Report on
long-term costs of operation Iraqi Freedom and Operation Enduring
Freedom
(a)
Report
requirement
Not later than 90 days after the date of the
enactment of this Act, the President, with contributions from the Secretary of
Defense, the Secretary of State, and the Secretary of Veterans Affairs, shall
submit to Congress a report containing an estimate of previous costs of
Operation New Dawn (the successor contingency operation to Operation Iraqi
Freedom) and the long-term costs of Operation Enduring Freedom for a scenario,
determined by the President and based on current contingency operation and
withdrawal plans, that takes into account expected force levels and the
expected length of time that members of the Armed Forces will be deployed in
support of Operation Enduring Freedom.
(b)
Estimates to be
used in preparation of report
In preparing the report required by
subsection (a), the President shall make estimates and projections through at
least fiscal year 2023, adjust any dollar amounts appropriately for inflation,
and take into account and specify each of the following:
(1) The total number of members of the Armed
Forces expected to be deployed in support of Operation Enduring Freedom,
including—
(A) the number of members of the Armed Forces
actually deployed in Southwest Asia in support of Operation Enduring
Freedom;
(B) the number of members of reserve components
of the Armed Forces called or ordered to active duty in the United States for
the purpose of training for eventual deployment in Southwest Asia, backfilling
for deployed troops, or supporting other Department of Defense missions
directly or indirectly related to Operation Enduring Freedom; and
(C) the break-down of deployments of members of
the regular and reserve components and activation of members of the reserve
components.
(2) The number of members of the Armed Forces,
including members of the reserve components, who have previously served in
support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring
Freedom and who are expected to serve multiple deployments.
(3) The number of contractors and private
military security firms that have been used and are expected to be used during
the course of Operation Iraqi Freedom, Operation New Dawn, and Operation
Enduring Freedom.
(4) The number of
veterans currently suffering and expected to suffer from post-traumatic stress
disorder, traumatic brain injury, or other mental injuries.
(5) The number of veterans currently in need of
and expected to be in need of prosthetic care and treatment because of
amputations incurred during service in support of Operation Iraqi Freedom,
Operation New Dawn, or Operation Enduring Freedom.
(6) The current number of pending Department of
Veterans Affairs claims from veterans of military service in Iraq and
Afghanistan, and the total number of such veterans expected to seek disability
compensation from the Department of Veterans Affairs.
(7) The total number
of members of the Armed Forces who have been killed or wounded in Iraq or
Afghanistan, including noncombat casualties, the total number of members
expected to suffer injuries in Afghanistan, and the total number of members
expected to be killed in Afghanistan, including noncombat casualties.
(8) The amount of funds previously appropriated
for the Department of Defense, the Department of State, and the Department of
Veterans Affairs for costs related to Operation Iraqi Freedom, Operation New
Dawn, and Operation Enduring Freedom, including an account of the amount of
funding from regular Department of Defense, Department of State, and Department
of Veterans Affairs budgets that has gone and will go to costs associated with
such operations.
(9) Previous, current, and future operational
expenditures associated with Operation Enduring Freedom and, when applicable,
Operation Iraqi Freedom and Operation New Dawn, including—
(A) funding for combat
operations;
(B) deploying,
transporting, feeding, and housing members of the Armed Forces (including fuel
costs);
(C) activation and
deployment of members of the reserve components of the Armed Forces;
(D) equipping and
training of Iraqi and Afghani forces;
(E) purchasing, upgrading, and repairing
weapons, munitions, and other equipment consumed or used in Operation Iraqi
Freedom, Operation New Dawn, or Operation Enduring Freedom; and
(F) payments to other
countries for logistical assistance in support of such operations.
(10) Past, current, and future costs of entering
into contracts with private military security firms and other contractors for
the provision of goods and services associated with Operation Iraqi Freedom,
Operation New Dawn, and Operation Enduring Freedom.
(11) Average annual cost for each member of the
Armed Forces deployed in support of Operation Enduring Freedom, including room
and board, equipment and body armor, transportation of troops and equipment
(including fuel costs), and operational costs.
(12) Current and
future cost of combat-related special pays and benefits, including reenlistment
bonuses.
(13) Current and future cost of calling or
ordering members of the reserve components to active duty in support of
Operation Enduring Freedom.
(14) Current and
future cost for reconstruction, embassy operations and construction, and
foreign aid programs for Iraq and Afghanistan.
(15) Current and
future cost of bases and other infrastructure to support members of the Armed
Forces serving in Afghanistan.
(16) Current and future cost of providing health
care for veterans who served in support of Operation Iraqi Freedom, Operation
New Dawn, or Operation Enduring Freedom, including—
(A) the cost of mental
health treatment for veterans suffering from post-traumatic stress disorder and
traumatic brain injury, and other mental problems as a result of such service;
and
(B) the cost of
lifetime prosthetics care and treatment for veterans suffering from amputations
as a result of such service.
(17) Current and future cost of providing
Department of Veterans Affairs disability benefits for the lifetime of veterans
who incur disabilities while serving in support of Operation Iraqi Freedom,
Operation New Dawn, or Operation Enduring Freedom.
(18) Current and future cost of providing
survivors’ benefits to survivors of members of the Armed Forces killed while
serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation
Enduring Freedom.
(19) Cost of bringing members of the Armed
Forces and equipment back to the United States upon the conclusion of Operation
Enduring Freedom, including the cost of demobilization, transportation costs
(including fuel costs), providing transition services for members of the Armed
Forces transitioning from active duty to veteran status, transporting
equipment, weapons, and munitions (including fuel costs), and an estimate of
the value of equipment that will be left behind.
(20) Cost to restore the military and military
equipment, including the equipment of the reserve components, to full strength
after the conclusion of Operation Enduring Freedom.
(21) Amount of money borrowed to pay for
Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom,
and the sources of that money.
(22) Interest on money borrowed, including
interest for money already borrowed and anticipated interest payments on future
borrowing, for Operation Iraqi Freedom, Operation New Dawn, and Operation
Enduring Freedom.
I
Other
Matters
1081.
Technical and
clerical amendments
(a)
Title
10
Title 10, United States Code, is amended as follows:
(1) The table of chapters at the beginning of
subtitle A, and at the beginning of part I of such subtitle, are each amended
by striking the item relating to chapter 24 and inserting the following:
24.Nuclear Posture
491
.
(2) Section 122a(a) is
amended by striking subsection (b) is and inserting
subsection (b) is—.
(3) The table of
sections at the beginning of chapter 3 is amended by striking the item relating
to section 130e and inserting the following new item:
130e. Treatment under Freedom of
Information Act of critical infrastructure security
information.
.
(4) The table of
sections at the beginning of chapter 9 is amended by striking the item relating
to section 231 and inserting the following new item:
231. Budgeting for construction of naval
vessels: annual plan and
certification.
.
(5) Section 231a(a) is
amended by striking fiscal year of Defense and inserting
fiscal year, the Secretary of Defense.
(6) Chapter 24 is
amended by adding a period at the end of the enumerator of section 498.
(7) Section 494(c) is amended by striking
the date of the enactment of this Act each place it appears and
inserting December 31, 2011.
(8) Section 673(a) is
amended by inserting of the Uniform Code of Military Justice
after 120c.
(9) Section 1401a is amended by striking
before the enactment of the National Defense Authorization Act for
Fiscal Year 2008 in subsections (d) and (e) and inserting before
January 28, 2008.
(10) Section
2359b(k)(4)(B) is amended by adding a period at the end.
(11) Section
2461(a)(5)(E)(i) is amended by striking the a and inserting
the.
(b)
National Defense
Authorization Act for Fiscal Year 2013
Effective as of January 2, 2013, and as if
included therein as enacted, the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112–239) is amended as
follows:
(1) Section 322(e)(2) (126 Stat. 1695) is
amended by striking Section 2366b(A)(3)(F) and inserting
Section 2366b(a)(3)(F).
(2) Section 371(a)(1) (126 Stat. 1706) is
amended by striking subsections (f) and (g) as subsections (g) and (h),
respectively and inserting subsection (f) as subsection
(g).
(3) Section 611(7) (126 Stat. 1776) is amended
by striking Section 408a(e) and inserting Section
478a(e).
(4) Section 822(b)
(126 Stat. 1830) is amended by striking such Act and inserting
such section.
(5) Section
1031(b)(3)(B) (126 Stat.1918) is amended by striking the subclause (III)
immediately below clause (iv).
(6) Section 1031(b)(4) (126 Stat.1919) is
amended by striking Section 1031(b) and inserting Section
1041(b).
(7) Section 1086(d)(1) (126 Stat.1969) is
amended by striking paragraph (1) and inserting paragraph
(2).
(8) Section 1221(a)(2)
(126 Stat. 1992) is amended by striking fiscal both places it
appears and inserting Fiscal.
(9) Section 1804 (126 Stat. 2111) is
amended—
(A) in subsection
(h)(1)(B), by striking inserting ; and; and
inserting inserting a semicolon;; and
(B) in subsection (i),
by inserting after it appears the following: (except in
those places in which Administrator of FEMA already
appears).
(c)
National Defense
Authorization Act for Fiscal Year 2012
Effective as of December
31, 2011, and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112–81) is amended as
follows:
(1) Section 312(b)(6)(F) (125 Stat. 1354) is
amended by striking subsection (D) and inserting
subsection (d).
(2) Section 585(a)(1) (125 Stat. 1434;
10 U.S.C.
1561 note) is amended experts sexual and
inserting experts in sexual.
(d)
National Defense
Authorization Act for Fiscal Year 2004
Section 338(a) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–136;
10 U.S.C.
5013 note), as most recently amended by section 321 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1694), is amended by striking
subsection 4703 and inserting section
4703.
(e)
Amendment to
title 41
Section 4712(i) is amended by inserting before
the enactment the following: that is 180 days after the
date.
(f)
Coordination
with other amendments made by this Act
For purposes of applying amendments made by
provisions of this Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately before any
amendment made by other provisions of this Act.
1082.
Transportation of
supplies for the United States by aircraft operated by United States air
carriers
(a)
Department of
Defense
(1)
In
general
Chapter
157 of title 10, United States Code, is amended by inserting
after section
2631a the following new section:
2631b.
Supplies:
preference to United States aircraft
(a)
Preference
Only aircraft owned by the United States,
or aircraft operated by or under the supervision of United States air carriers
holding a certificate under
section
41102 of title 49 and registered in the Civil Reserve Air
Fleet, may be used for the transportation by air of supplies on behalf of any
component of the Department of Defense. However, if the President finds that
the rates charged for the use of those aircraft is excessive or otherwise
unreasonable, contracts for transportation may be made as otherwise provided by
law. Charges made for the transportation of those supplies by those aircraft
may not be higher than the charges made for transporting like goods for private
persons.
(b)
Outsize and
oversize cargoes
(1) The preference under subsection (a) shall
not apply to outsize or oversize cargoes if no air carrier registered in the
Civil Reserve Air Fleet nor any aircraft owned by the United States are
available and capable of transporting such a cargo.
(2) The Secretary of Defense shall ensure that,
to the maximum extent practicable, outsize and oversize cargoes are transported
by aircraft owned and operated by the United States or by air carriers in the
Civil Reserve Air Fleet.
(3) Not later than March 30 of each year, the
Secretary of Defense shall submit to the congressional defense committees a
report on outsize and oversize cargo flights. Each such report shall include,
for the year covered by the report, each of the following:
(A) The number of outsize and oversize
cargo flights, including the number of flights and tonnage of each flight,
flown both by aircraft owned and operated by the United States and by carriers
in the Civil Reserve Air Fleet.
(B) For any cargo carried by aircraft that
is neither owned and operated by the United States nor by an air carrier in the
Civil Reserve Air Fleet, an explanation for the use of such a
carrier.
.
(2)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2631a the following
new item:
2631b. Supplies: preference to United
States
aircraft.
.
(b)
Other
departments and agencies
(1)
In
general
Chapter 401 of title 49,
United States Code, is amended by adding at the end the following new
section:
40131.
Air
transportation procured by the United States Government
(a)
Guarantee
Consistent with the provisions of
section
40118 of title 49, when the United States procures, enters into
a contract or subcontract for, or otherwise obtains for its own account, or
furnishes to or for the account of a foreign country, organization, or person
without provision for reimbursement, any equipment, materials, or commodities,
or provides financing in any way with Federal funds for the account of any
person unless otherwise exempted, within or without the United States, or
advances funds or credits, or guarantees the convertibility of foreign
currencies in connection with the furnishing or obtaining of the equipment,
materials, or commodities, the appropriate agencies shall take steps necessary
and practicable to ensure that at least 50 percent of the gross tonnage of the
equipment, materials, or commodities which may be transported on fixed wing
aircraft are transported on privately-owned commercial aircraft that are owned,
operated, or otherwise supervised by air carriers holding a certificate under
section 41102 of this title and registered in the Civil Reserve Air Fleet, to
the extent those aircraft are appropriate and available at fair and reasonable
rates.
(b)
Exception
(1)
In
general
The requirements of this section shall not apply to any
equipment, materials, or commodities transported for the use of the military
services of the United States or to respond to a humanitarian disaster.
(2)
Humanitarian
disaster defined
For purposes
of this subsection, the term humanitarian disaster means a
man-made or natural occurrence that causes loss of life, health, property, or
livelihood, inflicting severe destruction and distress.
(c)
Waiver
(1)
In
general
The President, the
Secretary of Transportation, or the Secretary of State, in coordination with
the Secretary of Defense, as appropriate, may issue a temporary waiver of this
section—
(A) to respond to an
emergency; or
(B) if such a waiver
is in the national interests of the United States.
(2)
Committee
notice
The President, the
Secretary of Transportation, or the Secretary of State, as appropriate, shall
notify the following Committees within 30 days of exercising a waiver under
paragraph (1):
(A) The Committees on Armed Services and
Appropriations of the Senate and the House of Representatives.
(B) The Committee on
Commerce, Science, and Transportation of the Senate.
(C) The Committee on
Transportation and Infrastructure of the House of Representatives.
(D) The Committee on
Foreign Relations of the Senate.
(E) The Committee on
Foreign Affairs of the House of Representatives.
(3)
Expiration and
renewal of waiver
Any waiver
issued under paragraph (1) shall expire not later than 180 days after the date
on which it is issued. The President, the Secretary of Transportation, or the
Secretary of State, as appropriate, may renew an expired or expiring waiver as
long as the President or Secretary provides notice to the committees referred
to in paragraph (2) in accordance with that paragraph.
(d)
Regulations
Each department or agency of the Government
shall administer its air transport operations according to regulations and
guidance issued by the Secretary of Transportation.
(e)
Enforcement
The Secretary of Transportation may impose
on any person violating this section, or a regulation issued under this
section, a civil penalty of up to $25,000 for each violation knowingly
committed, with each day of a continuing violation following the initial
shipment to be a separate
violation.
.
(2)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
40131. Air transportation procured by the
United States
Government.
.
1082A.
Transportation of
supplies to members of the Armed Forces from nonprofit organizations
(a)
In
general
Chapter
20 of title 10, United States Code, is amended by inserting
after section
402 the following new section:
403.
Transportation
of supplies from nonprofit organizations
(a)
Authorization of
transportation
Notwithstanding any other provision of law,
and subject to subsection (b), the Secretary of Defense may transport to any
country, without charge, supplies that have been furnished by a nonprofit
organization and that are intended for distribution to members of the armed
forces. Such supplies may be transported only on a space available
basis.
(b)
Limitations
(1) The Secretary may not
transport supplies under subsection (a) unless the Secretary determines
that—
(A) the transportation of the supplies is
consistent with the policies of the United States;
(B) the supplies are suitable for
distribution to members of the armed forces and are in usable condition;
(C) there is a legitimate need for the
supplies by the members of the armed forces for whom they are intended;
and
(D) adequate arrangements have been made
for the distribution and use of the supplies.
(2)
Procedures
The
Secretary shall establish procedures for making the determinations required
under paragraph (1). Such procedures shall include inspection of supplies
before acceptance for transport.
(3)
Preparation
It shall
be the responsibility of the nonprofit organization requesting the transport of
supplies under this section to ensure that the supplies are suitable for
transport.
(c)
Distribution
Supplies
transported under this section may be distributed by the United States
Government or a nonprofit organization.
(d)
Definition of
nonprofit organization
In this section, the term nonprofit
organization means an organization described in
section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such
Code.
.
(b)
Clerical
amendment
The table of
sections at the beginning of chapter 20 of such title is amended by inserting
after the item relating to section 402 the following new item:
403. Transportation of supplies from
nonprofit
organizations.
.
1083.
Reduction in
costs to report critical changes to major automated information system
programs
(a)
Extension of a
program defined
Section 2445a of title 10, United
States Code, is amended by adding at the end the following new
subsection:
(g)
Extension of a
program
In this chapter, the term extension of a
program means, with respect to a major automated information system
program or other major information technology investment program, the further
deployment or planned deployment to additional users of the system which has
already been found operationally effective and suitable by an independent test
agency or the Director of Operational Test and Evaluation, beyond the scope
planned in the original estimate or information originally submitted on the
program.
.
(b)
Reports on
critical changes in MAIS programs
Subsection (d) of section 2445c
of such title is amended—
(1) in paragraph (1),
by striking paragraph (2) and inserting paragraph
(3);
(2) by redesignating
paragraph (2) as paragraph (3); and
(3) by inserting after
paragraph (1) the following new paragraph (2):
(2)
Notification
when variance due to congressional action or extension of
program
If a senior Department of Defense official who, following
receipt of a quarterly report described in paragraph (1) and making a
determination described in paragraph (3), also determines that the
circumstances resulting in the determination described in paragraph (3) either
(A) are primarily the result of congressional action, or (B) are primarily due
to an extension of a program, the official may, in lieu of carrying out an
evaluation and submitting a report in accordance with paragraph (1), submit to
the congressional defense committees, within 45 days after receiving the
quarterly report, a notification that the official has made those
determinations. If such a notification is submitted, the limitation in
subsection (g)(1) does not apply with respect to that determination under
paragraph
(3).
.
(c)
Conforming
cross-reference amendment
Subsection (g)(1) of such section is
amended by striking subsection (d)(2) and inserting
subsection (d)(3).
(d)
Total
acquisition cost information
Title 10, United States Code, is further
amended—
(1) in section
2445b(b)(3), by striking development costs and inserting
total acquisition costs; and
(2) in section
2445c—
(A) in subparagraph
(B) of subsection (c)(2), by striking program development cost
and inserting total acquisition cost; and
(B) in subparagraph
(C) of subsection (d)(3) (as redesignated by subsection (b)(2)), by striking
program development cost and inserting total acquisition
cost.
(e)
Clarification of
cross-reference
Section 2445c(g)(2) of such title is amended by
striking in compliance with the requirements of subsection
(d)(2) and inserting under subsection (d)(1)(B).
1084.
Extension of
authority of Secretary of Transportation to issue non-premium aviation
insurance
Section 44310 of
title 49, United States Code, is amended—
(1) by inserting
(a) In
General.— before The authority;
(2) by striking
this chapter and inserting any provision of this chapter
other than section 44305; and
(3) by adding at the
end the following new subsection:
(b)
Insurance of
United States Government property
The authority of the Secretary
of Transportation to provide insurance and reinsurance for a department,
agency, or instrumentality of the United States Government under section 44305
is not effective after December 31,
2018.
.
1085.
Revision of
compensation of members of the National Commission on the Structure of the Air
Force
(a)
Revision
Section 365(a) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat.1705)
is amended—
(1) by striking
shall be compensated and inserting may be
compensated;
(2) by striking
equal to and inserting not to exceed; and
(3) by inserting of $155,400
after annual rate.
(b)
Effective
date
The amendments made by
subsection (a) shall apply with respect to compensation for a duty performed on
or after April 2, 2013.
1086.
Protection of
tier one task critical assets from electromagnetic pulse and high-powered
microwave systems
(a)
Certification
required
Not later than June
1, 2014, the Secretary of Defense, in consultation with the Secretary of
Homeland Security and the Federal Energy Regulatory Commission, shall submit to
the congressional defense committees certification that defense critical assets
designated as tier one task critical assets (hereinafter referred to as
TCAs) that 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.
Any such assets found not to be so protected shall be included in the plan
required under subsection (b).
(b)
Plan
required
Not later than
January 1, 2015, the Secretary of Defense, in consultation with the Secretary
of Homeland Security and the Federal Energy Regulatory Commission, shall submit
to the congressional defense committees a plan for tier one TCAs to receive
electricity by means that are protected from the adverse effects of man-made or
naturally occurring electromagnetic pulse and high-powered microwave weapons.
The plan shall include the following elements:
(1) An analysis of how the Department of
Defense, in consultation with the Secretary of Homeland Security and the
Federal Energy Regulatory Commission, plans to mitigate any risks to mission
assurance for non-certified tier one TCAs, including any steps that may be
needed for remediation.
(2) The development or adoption by the
Department, in consultation with the Secretary of Homeland Security and the
Federal Energy Regulatory Commission, of a standard of resistance or protection
against man-made and natural electromagnetic threats for electricity sources
that supply electricity to tier one TCAs.
(3) The development by the Department, in
consultation with the Secretary of Homeland Security and the Federal Energy
Regulatory Commission, of a strategy to certify by December 31, 2015, that all
electricity sourced to tier one TCAs is provided by facilities that meet the
standard developed under paragraph (2).
(c)
Preparation of
plan
In preparing the plan
required by subsection (b), the Secretary of Defense, in consultation with the
Secretary of Homeland Security and the Federal Energy Regulatory Commission,
shall use the guidance and recommendations of the Commission to Assess the
Threat to the United States from Electromagnetic Pulse Attack established by
section 1401 of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by
Public Law
106–398; 114 Stat. 1654A–345).
(d)
Form of
submission
The plan required by subsection (b) shall be submitted
in classified form.
(e)
Definitions
In
this section:
(1) The term
task critical asset means an asset of such extraordinary
importance to operations in peace, crisis, and war that its incapacitation or
destruction would have a debilitating effect on the ability of the Department
of Defense to fulfill its missions.
(2) The term tier one with
respect to a task critical asset means such an asset the loss, incapacitation,
or disruption of which could result in mission (or function) failure at the
Department of Defense, military department, combatant command, sub-unified
command, Defense Agency, or defense infrastructure sector level.
1087.
Strategy for future
military information operations capabilities
(a)
Strategy
required
The Secretary of
Defense shall develop and implement a strategy for developing and sustaining
military information operations capabilities for future contingencies. The
Secretary shall submit such strategy to the congressional defense committees by
not later than February 1, 2014.
(b)
Contents of
strategy
The strategy
required in subsection (a) shall include each of the following:
(1) A
plan for the sustainment of existing capabilities that have been developed
during the ten-year period prior to the date of the enactment of this Act,
including such capabilities developed using funds authorized to be appropriated
for overseas contingency operations.
(2) A
discussion of how the capabilities referred to in paragraph (1) are being
integrated into both operational plans (OPLANS) and contingency plans
(CONPLANS).
(3) An assessment of
the force structure that is necessary to support operational planning and
potential contingency operations, including the relative balance across the
active and reserve components.
(4) Estimates of the
steady-state resources needed to support the force structure referred to in
paragraph (3), as well as estimates for resources that might be needed based on
selected OPLANS and CONPLANS.
(5) A
description of how new and emerging technologies can be incorporated into the
projected force structure and future OPLANS and CONPLANS.
(6) A
description of new capabilities that may be needed to fill any identified gaps
and programs that might be required to develop such capabilities.
1088.
Compliance of
military departments with minimum safe staffing standards
In implementing the sequester required by
section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985,
as ordered on March 1, 2013, the Secretary of Defense shall 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 (DoD Instruction 6055.06).
1089.
Determination and
Disclosure of Transportation Costs Incurred by Secretary of Defense for
congressional trips outside the United States
(a)
Determination
and Disclosure of Costs by Secretary
In the case of a trip taken by a Member,
officer, or employee of the House of Representatives or Senate in carrying out
official duties outside the United States for which the Department of Defense
provides transportation, the Secretary of Defense shall—
(1) determine the cost of the transportation
provided with respect to the Member, officer, or employee;
(2) not later than 10 days after completion of
the trip involved, provide a written statement of the cost—
(A) to the Member, officer, or employee
involved; and
(B) to the Committee
on Armed Services of the House of Representatives (in the case of a trip taken
by a Member, officer, or employee of the House) or the Committee on Armed
Services of the Senate (in the case of a trip taken by a Member, officer, or
employee of the Senate); and
(3) upon providing a
written statement under paragraph (2), make the statement available for viewing
on the Secretary’s official public website until the expiration of the 4-year
period which begins on the final day of the trip involved.
(b)
Exceptions
(1)
Exceptions
described
This section does not apply with respect to any trip
for which any of the following applies:
(A) The purpose of the
trip is to visit one or more United States military installations or to visit
United States military personnel in a war zone (or both).
(B) The use of
transportation provided by the Department of Defense is necessary to protect
the safety and security of the individuals taking the trip.
(2)
Consultation
In determining whether or not a trip is
described in paragraph (1), the Secretary of Defense shall consult with the
Speaker of the House of Representatives (in the case of a trip taken by a
Member, officer, or employee of the House) or the Majority Leader of the Senate
(in the case of a trip taken by a Member, officer, or employee of the
Senate).
(c)
Definitions
In
this section:
(1)
Member
The
term Member, with respect to the House of Representatives,
includes a Delegate or Resident Commissioner to the Congress.
(2)
United
States
The term United
States means the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,
the Virgin Islands, Guam, American Samoa, and any other territory or possession
of the United States.
(d)
Effective
Date
This section shall apply with respect to trips taken on or
after the date of the enactment of this Act, except that this section does not
apply with respect to any trip which began prior to such date.
1090.
Transfer or
loan of equipment to the Department of Homeland Security relating to border
security
The Secretary of
Defense may coordinate with the Secretary of Homeland Security to identify and
provide for the transfer or long-term loan to the Department of Homeland
Security of equipment the Secretary of Defense determines to be excess and the
Secretary of Homeland Security determines to be appropriate in order to
increase situational awareness and achieve operational control of the
international borders of the United States.
1091.
Transfer to
the Department of Homeland Security of the Tethered Aerostat Radar
System
Notwithstanding any
other provision of law, not later than September 30, 2013, the Secretary of
Defense is authorized to transfer to the Secretary of Homeland Security, and
the Secretary of Homeland Security is authorized to accept from the Secretary
of Defense, full contract ownership and management responsibilities for the
existing Tethered Aerostat Radar System (TARS) program and contracts. Neither
the Department of Defense nor the Department of Homeland Security shall be
required to reimburse the other agency for any services under the TARS
program.
1092.
Sale or
donation of excess personal property for border security
activities
Section 2576a of
title 10, United States Code, is amended—
(1) in subsection
(a)—
(A) in paragraph
(1)(A), by inserting border security activities and before
law enforcement activities; and
(B) in paragraph (2),
by inserting , the Secretary of Homeland Security, after
Attorney General; and
(2) in subsection (d),
by inserting border security activities or before
counter-drug.
1093.
Unmanned
aircraft systems and national airspace
(a)
Memoranda of
understanding
Notwithstanding
any other provision of law, the Secretary of Defense may enter into a
memorandum of understanding with a non-Department of Defense entity that is
engaged in the test range program authorized under section 332(c) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) to allow
such entity to access nonregulatory special use airspace if such access—
(1) is used by the
entity as part of such test range program; and
(2) does not interfere
with the activities of the Secretary or otherwise interrupt or delay missions
or training of the Department of Defense.
(b)
Established
procedures
The Secretary shall carry out subsection (a) using the
established procedures of the Department of Defense with respect to entering
into a memorandum of understanding.
(c)
Construction
A memorandum of understanding entered into
under subsection (a) between the Secretary and a non-Department of Defense
entity shall not be construed as establishing the Secretary as a partner,
proponent, or team member of such entity in the test range program specified in
such subsection.
1094.
Days on which
the POW/MIA flag is displayed on certain Federal property
Section 902 of title
36, United States Code, is amended by striking subsection (c) and inserting the
following new subsection:
(c)
Days for Flag
Display
For the purposes of
this section, POW/MIA flag display days are all days on which the flag of the
United States is
displayed.
.
1095.
Sense of
Congress on improvised explosive devices
It is the sense of Congress that—
(1) the use of
improvised explosive devices (in this section referred to as
IEDs) against members of the Armed Forces or people of the
United States should be condemned;
(2) unwavering support for members of the Armed
Forces, first responders, and explosive ordnance disposal personnel of the
United States who face the threat of IEDs and put their lives on the line to
defeat them should be expressed;
(3) all relevant
agencies of the Government should be called on 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 agencies
of the Government.
1096.
Sense of
Congress to maintain a strong National Guard and military reserve
force
(a)
Findings
Congress
finds the following:
(1) The first
volunteer militia unit in America was formed in 1636 in Massachusetts Bay,
followed by other units in the colonies of Virginia and Connecticut. the
American founding fathers wrote article I, section 8, of the United States
Constitution to keep the militia model, authorizing a standing military force
that could organize, train, and equip militia volunteers when needed.
(2) In World War I,
nearly all National Guardsmen were mobilized into Federal service, and while
they represented only 15 percent of the total United States Army, they
comprised 40 percent of the American divisions sent to France and sustained 43
percent of the casualties in combat. In World War II, the National Guard
comprised 19 Army divisions and 29 observation squadrons with aircraft assigned
to the United States Army Air Forces.
(3) On September 11,
2001, the first fighter jets over New York City and Washington, DC, were Air
National Guard F–15 and F–16 aircraft from Massachusetts and North Dakota, with
over 400 more Air National Guard fighter aircraft on alert by that afternoon.
Over 600,000 Air and Army National Guard soldiers and airmen have deployed in
the many campaigns since 9/11.
(4) Air and Army
National Guard soldiers and airmen have been involved in countless domestic
response missions, including missions in response to hurricanes, tornadoes,
floods, and forest fires including the more recent events of Superstorm Sandy
and the tornados in Oklahoma.
(5) The volunteer
National Guard and Reserve have time and again demonstrated their readiness to
meet operational requirements through cost-effective means.
(b)
Sense of
congress
It is the sense of Congress that—
(1) the Secretary of
Defense should make every effort to ensure the Military Reserve and National
Guard forces are sustained by a fully manned and fully funded force and that
the United States fulfill its longstanding commitment to unyielding readiness
in terms of defense;
(2) the Secretary of
Defense should act with the knowledge that the National Guard and Reserve are
critical components to the Armed Forces, particularly as means of preserving
combat power during a time of budget austerity; and
(3) Congress
repudiates proposals to diminish the National Guard or Reserve and affirms the
growth of these components as circumstances warrant.
1097.
Access of
employees of congressional support offices to department of defense
facilities
(a)
Finding
Congress finds that Congressional support
offices perform a critical role in enabling Congress to carry out its
Constitutionally-mandated task of performing oversight of the executive
branch.
(b)
Access in Same
Manner as Employees of Defense Committees
The Secretary of Defense shall provide
employees of any Congressional support office who work on issues related to
national security with access to facilities of the Department of Defense in the
same manner, and subject to the same terms and conditions, as employees of the
Committees on Armed Services of the House of Representatives and Senate.
(c)
Congressional
support offices defined
In this section, the term
Congressional support office means any of the following:
(1) The Congressional
Budget Office.
(2) The Congressional
Research Service of the Library of Congress.
(3) The Government
Accountability Office.
1098.
Cost of
wars
The Secretary of Defense,
in consultation with the Commissioner of the Internal Revenue Service and the
Director of the Bureau of Economic Analysis, shall post on the public Web site
of the Department of Defense the costs, including the relevant legacy costs, to
each American taxpayer of each of the wars in Afghanistan and Iraq.
1099.
Sense of
Congress regarding consideration of foreign languages and cultures in the
building of partner capacity
It is the sense of Congress that the head of
each element of the Department of Defense should take into consideration
foreign languages and cultures during the development by such element of the
Department of training, tools, and methodologies to engage in
military-to-military activities and in the building of partner capacity.
1099A.
Sense of
Congress regarding preservation of Second Amendment rights of active duty
military personnel stationed or residing in the District of Columbia
(a)
Findings
Congress finds the following:
(1) The Second
Amendment to the United States Constitution provides that the right of the
people to keep and bear arms shall not be infringed.
(2) Approximately 40,000 servicemen and women
across all branches of the Armed Forces either live in or are stationed on
active duty within the Washington, D.C., metropolitan area. Unless these
individuals are granted a waiver as serving in a law enforcement role, they are
subject to the District of Columbia’s onerous and highly restrictive laws on
the possession of firearms.
(3) Military personnel, despite being
extensively trained in the proper and safe use of firearms, are therefore
deprived by the laws of the District of Columbia of handguns, rifles, and
shotguns that are commonly kept by law-abiding persons throughout the United
States for sporting use and for lawful defense of their persons, homes,
businesses, and families.
(4) The District of
Columbia has one of the highest per capita murder rates in the Nation, which
may be attributed in part to previous local laws prohibiting possession of
firearms by law-abiding persons who would have otherwise been able to defend
themselves and their loved ones in their own homes and businesses.
(5) The
Gun Control Act of 1968 (as amended
by the Firearms Owners’ Protection Act) and the Brady Handgun Violence
Prevention Act provide comprehensive Federal regulations applicable in the
District of Columbia as elsewhere. In addition, existing District of Columbia
criminal laws punish possession and illegal use of firearms by violent
criminals and felons. Consequently, there is no need for local laws that only
affect and disarm law-abiding citizens.
(6) On June 26, 2008, the Supreme Court of the
United States in the case of District of Columbia v. Heller
held that the Second Amendment protects an individual’s right to possess a
firearm for traditionally lawful purposes, and thus ruled that the District of
Columbia’s handgun ban and requirements that rifles and shotguns in the home be
kept unloaded and disassembled or outfitted with a trigger lock to be
unconstitutional.
(7) On July 16, 2008, the District of Columbia
enacted the Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17–422;
55 DCR 8237), which places onerous restrictions on the ability of law-abiding
citizens from possessing firearms, thus violating the spirit by which the
Supreme Court of the United States ruled in District of Columbia v.
Heller.
(8) On February 26, 2009, the United States
Senate adopted an amendment on a bipartisan vote of 62–36 by Senator John
Ensign to S. 160, the District of Columbia House Voting Rights Act of 2009,
which would fully restore Second Amendment rights to the citizens of the
District of Columbia.
(b)
Sense of
Congress
It is the sense of
Congress that active duty military personnel who are stationed or residing in
the District of Columbia should be permitted to exercise fully their rights
under the Second Amendment to the Constitution of the United States and
therefore should be exempt from the District of Columbia’s restrictions on the
possession of firearms.
XI
Civilian
Personnel Matters
1101.
One-year extension
of authority to waive annual limitation on premium pay and aggregate limitation
on pay for Federal civilian employees working overseas
Effective January 1, 2014, section 1101(a)
of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law
110–417; 122 Stat. 4615), as most recently amended by section
1101 of the National Defense Authorization Act for Fiscal Year 2013
(Public Law
112–239; 126 Stat. 1973), is further amended by striking
through 2013 and inserting through 2014.
1102.
One-year extension
of discretionary authority to grant allowances, benefits, and gratuities to
personnel on official duty in a combat zone
Paragraph (2) of section 1603(a) of the
Emergency Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443),
as added by section 1102 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616)
and most recently amended by section 1104 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112–239; 125 Stat. 1973),
is further amended by striking 2014 and inserting
2015.
1103.
Extension of
voluntary reduction-in-force authority for civilian employees of Department of
Defense
Section 3502(f)(5)
of title 5, United States Code, is amended by striking September 30,
2014 and inserting September 30, 2015.
1104.
Extension of
authority to make lump-sum severance payments to Department of Defense
employees
Section 5595(i)(4)
of title 5, United States Code, is amended by striking October 1,
2014 and inserting October 1, 2018.
1105.
Revision to amount
of financial assistance under Department of Defense Science, Mathematics, and
Research for Transformation (SMART) Defense Education Program
Paragraph (2) of
section
2192a(b) of title 10, United States Code, is amended by
striking the amount determined and all that follows through
room and board and inserting an amount determined by the
Secretary of Defense.
1106.
Extension of
program for exchange of information-technology personnel
(a)
In
general
Section 1110(d) of
the National Defense Authorization Act for Fiscal Year 2010 (5 U.S.C. 3702 note)
is amended by striking 2013. and inserting
2023..
(b)
Reporting
requirement
Section 1110(i)
of such Act is amended by striking 2015, and inserting
2024,.
1107.
Defense
Science Initiative for Personnel
(a)
Statement of
policy
It is the policy of the United States to assure the
scientific and technological preeminence of its defense laboratories, which are
essential to the national security, by requiring the Department of Defense to
provide to its science and technology laboratories—
(1) the personnel and
support services needed to carry out their mission; and
(2) decentralized
management authority.
(b)
Establishment of
Initiative
There is hereby
established within the Department of Defense a program to be known as the
Defense Science Initiative for Personnel (hereinafter in this section referred
to as the Initiative).
(c)
Laboratories
covered by Initiative
The laboratories covered by the
Initiative—
(1) shall be those designated as Science and
Technology Reinvention Laboratories (hereinafter in this section referred to as
STRLs) by the Secretary or by paragraph (2); and
(2) shall include the
laboratories enumerated in section 1105 of the National Defense Authorization
Act for Fiscal Year 2010 (10 U.S.C. 2358 note), which
laboratories are hereby designated as STRLs.
(d)
Science and
engineering degreed and technical positions at STRLs
(1)
In
general
The director of any
STRL may appoint qualified candidates, without regard to sections 3309–3319 of
title 5, United States Code, directly to scientific, technical, engineering,
mathematical, or medical positions within such STRL, on either a temporary,
term, or permanent basis.
(2)
Qualified
candidate defined
Notwithstanding any provision of
chapter
51 of title 5, United States Code, for purposes of this
subsection, the term qualified candidate means an individual who
is—
(A) a candidate who
has earned a bachelor’s or master’s degree;
(B) a student enrolled
in a program of undergraduate or graduate instruction leading to a bachelor’s
or master’s degree in a scientific, technical, engineering, mathematical, or
medical course of study at an institution of higher education (as that term is
defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001));
or
(C) a veteran, as
defined in section
2108 of title 5, United States Code, who served in the armed
forces in an engineering, scientific, or medical technician occupational
specialty.
(3)
Rule of
construction
Any exercise of authority under paragraph (1) shall
be considered to satisfy
section
2301(b)(1) of title 5, United States Code.
(e)
Exclusion from
personnel limitations, etc
The director of any STRL shall manage
the workforce strength of such STRL—
(1) without regard to
any limitation on appointments or any allocation of positions with respect to
such STRL, subject to paragraph (2); and
(2) in a manner
consistent with the budget available with respect to such STRL.
(f)
Senior Executive
Service rotation authority
Section 3131 of title 5, United
States Code, is amended—
(1) in paragraph (5),
by striking mission; and inserting mission, subject to
paragraph (15);;
(2) in paragraph (13),
by striking and at the end;
(3) in paragraph (14),
by striking the period and inserting ; and; and
(4) by adding at the
end the following new paragraph:
(15) permit the director of each Science and
Technology Reinvention Laboratory (as described in section 1107(c) of the
National Defense Authorization Act for Fiscal Year 2014) to determine the
duration of appointments for senior executives (which shall in no event be less
than 5 years), consistent with carrying out the mission of that
laboratory.
.
(g)
Senior
scientific technical managers
(1)
Establishment
There
is hereby established in each STRL a category of senior professional scientific
positions, the incumbents of which shall be designated as senior
scientific technical managers and which shall be positions classified
above GS–15 of the General Schedule pursuant to
section
5108 of title 5, United States Code. The primary functions of
such positions shall be—
(A) to engage in
research and development in the physical, biological, medical, or engineering
sciences, or another field closely related to the mission of such STRL;
and
(B) to carry out
technical supervisory responsibilities.
(2)
Appointments
The
positions described in paragraph (1) may be filled, and shall be managed, by
the director of the STRL involved, under criteria established pursuant to
section 342(b) of the National Defense Authorization Act for Fiscal Year 1995
(Public Law
103–337; 108 Stat. 2721), relating to personnel demonstration
projects at laboratories of the Department of Defense, except that the director
of the laboratory involved shall determine the number of such positions at such
laboratory, not to exceed 3 percent of the number of scientists and engineers
(determined on a full-time equivalent basis) employed at such laboratory at the
end of the fiscal year prior to the fiscal year in which any appointments
subject to that numerical limitation are made.
(h)
Selection and
compensation of specially-qualified scientific and professional
personnel
Section 3104 of title 5, United
States Code, is amended by adding at the end the following new subsection:
(d) In addition to the number of positions
authorized by subsection (a), the director of each Science and Technology
Reinvention Laboratory (as described in section 1107(c) of the National Defense
Authorization Act for Fiscal Year 2014), may establish, without regard to the
second sentence of subsection (a), such number of scientific or professional
positions as may be necessary to carry out the research and development
functions of the laboratory and which require the services of
specially-qualified personnel. The selection process governing appointments
made under this subsection shall be determined by the director of the
laboratory involved, and the rate of basic pay for the employee holding any
such position shall be set by the laboratory director at a rate not to exceed
the rate for level II of the Executive
Schedule.
.
1108.
Compliance
with law regarding availability of funding for civilian personnel
(a)
Regulations
No
later than 45 days after the date of the enactment of this Act, the Secretary
of Defense shall prescribe regulations implementing the authority in subsection
(a) of section 1111 of the National Defense Authorization Act for Fiscal Year
2010 (Public
Law 111–84;
10 U.S.C.
1580 note prec.).
(b)
Coordination
The Under Secretary of Defense
(Comptroller), in consultation with the Under Secretary of Defense for
Personnel and Readiness, shall be responsible for coordinating the preparation
of the regulations required under subsection (a).
(c)
Limitations
The regulations required under subsection
(a) shall not be restricted by any civilian full-time equivalent or
end-strength limitation, nor shall such regulations require offsetting civilian
pay funding, civilian full-time equivalents, or end-strength.
1109.
Extension of
enhanced appointment and compensation authority for civilian personnel for care
and treatment of wounded and injured members of the armed forces
(a)
Extension
Subsection
(c) of section
1599c of title 10, United States Code, is amended by striking
December 31, 2015 both places it appears and inserting
December 31, 2020.
(b)
Repeal of
fulfilled requirement
Such section is further amended—
(1) by striking
subsection (b); and
(2) by redesignating
subsection (c), as amended by subsection (a), as subsection (b).
(c)
Repeal of
references to certain title 5 authorities
Subsection (a)(2)(A) of
such section is amended—
(1) by striking
sections 3304, 5333, and 5753 of title 5 and inserting
section 3304 of title 5; and
(2) in clause (ii), by striking “the
authorities in such sections” and inserting “the authority in such
section”.
XII
Matters relating
to foreign nations
A
Assistance and
training
1201.
Modification and
extension of authorities relating to program to build the capacity of foreign
military forces
(a)
Authority
Subsection (a) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109–163; 119 Stat. 3456), as most recently amended by section
1206 of the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public
Law 110–417; 122 Stat. 4625), is further amended—
(1) in paragraph
(1)—
(A) in subparagraph
(A), by striking or at the end;
(B) in subparagraph
(B), by striking the period at the end and inserting ; or;
and
(C) by adding at the
end the following new subparagraph:
(C) support the theater security priorities of
a Geographic Combatant Commander.
;
and
(2) by adding at the
end the following new paragraph:
(3) To build the capacity of a foreign
country’s security forces to conduct counterterrorism
operations.
.
(b)
Annual funding
limitation
Subsection (c)(1)
of section 1206 of the National Defense Authorization Act for Fiscal Year 2006,
as so amended, is further amended by striking $350,000,000 and
inserting $425,000,000.
(c)
Notification of
planning and execution of funds
Subsection (e) of section 1206 of
the National Defense Authorization Act for Fiscal Year 2006, as most recently
amended by section 1201 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112–239; 126 Stat. 1979),
is further amended—
(1) by redesignating
paragraph (3) as paragraph (4);
(2) by inserting after
paragraph (2) the following new paragraph:
(3)
Notification of
planning and execution of funds
In the budget materials submitted to the
President by the Secretary of Defense in connection with the submission to
Congress, pursuant to
section
1105 of title 31, United States Code, of the budget for fiscal
year 2016, and each subsequent fiscal year, the Secretary of Defense shall
include the following:
(A) For programs to be
conducted or supported under subsection (a) (other than subsection (a)(1)(C))
for such fiscal year, a description of the proposed planning and execution of
not less than 50 percent of the total amount of funds to be made available for
such programs.
(B) For programs to be conducted or supported
under subsection (a)(1)(C) for such fiscal year, a description of the proposed
planning and execution of 100 percent of the total amount of funds to be made
available for such programs.
;
and
(3) in subparagraph
(B) of paragraph (4), as so redesignated, by striking Committee on
International Relations and inserting Committee on Foreign
Affairs.
(d)
Termination of
program
Subsection (g) of the
National Defense Authorization Act for Fiscal Year 2006, as most recently
amended by section 1201 of the National Defense Authorization Act for Fiscal
Year 2013, is further amended by striking 2014 each place it
appears and inserting 2016.
(e)
Repeal of
authority to build the capacity of certain counterterrorism forces in Yemen and
East Africa
Section 1203 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1980)
is hereby repealed.
1202.
Three-year
extension of authorization for non-conventional assisted recovery
capabilities
Section 943(h) of
the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law
110–417; 122 Stat. 4579), as amended by section 1205(g) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1624), is further amended by striking
2013 and inserting 2016.
1203.
Global
Security Contingency Fund
(a)
Authority
Subsection
(b) of section 1207 of the National Defense Authorization Act for Fiscal Year
2012 (Public
Law 112–81; 125 Stat. 1625;
22 U.S.C.
2151 note) is amended—
(1) in the matter
preceding paragraph (1), by inserting or regions after
countries; and
(2) in paragraph
(1)—
(A) in the matter
preceding subparagraph (A), by striking and other national security
forces and inserting or other national security forces;
and
(B) in subparagraph
(A)—
(i) by
striking and counterterrorism operations and inserting or
counterterrorism operations; and
(ii) by
striking and at the end and inserting or.
(b)
Notices to
congress
Subsection (l) of
such section is amended to read as follows:
(l)
Notices to
Congress
Not less than 30
days before initiating an activity under a program of assistance under
subsection (b), the Secretary of State and the Secretary of Defense shall
jointly submit to the specified congressional committees a notification that
includes the following:
(1) A request for the
transfer of funds into the Fund under subsection (f) or any other authority,
including the original source of the funds.
(2) A detailed
justification for the total anticipated program plan for each country to
include total anticipated costs and the specific activities contained
therein.
(3) The budget,
execution plan and timeline, and anticipated completion date for the
activity.
(4) A list of other
security-related assistance or justice sector and stabilization assistance that
the United States is currently providing the country concerned and that is
related to or supported by the activity.
(5) Such other
information relating to the program or activity as the Secretary of State or
Secretary of Defense considers
appropriate.
.
(c)
Transitional
authorities; annual reports; guidance and processes for exercise of
authority
Such section, as so amended, is further amended—
(1) by striking
subsection (n);
(2) by redesignating
subsection (m) as subsection (n); and
(3) by inserting after
subsection (l), as so amended, the following new subsection:
(m)
Guidance and
processes for exercise of authority
The Secretary of State and the Secretary of
Defense shall jointly submit a report to the specified congressional committees
15 days after the date on which the necessary guidance has been issued and
processes for implementation of the authority in subsection (b). The Secretary
of State and Secretary of Defense shall jointly submit additional reports not
later than 15 days after the date on which any future modifications to the
guidance and processes for implementation of the authority in subsection (b)
are
issued.
.
(d)
Funding
Subsection (o) of such section is amended
by striking (o) funding.— and all that follows through
(2) fiscal years 2013 and
after.— and inserting (o)
funding.—.
1204.
Codification
of National Guard State Partnership Program
(a)
State
Partnership Program
(1)
In
general
Chapter
1 of title 32, United States Code, is amended by adding at the
end the following new section:
116.
State
Partnership Program
(a)
Purposes of
program
The purposes of the
State Partnership Program of the National Guard are the following:
(1) To support the
objectives of the commander of the combatant command for the theater of
operations in which such contacts and activities are conducted.
(2) To support the
objectives of the United States chief of mission of the partner nation with
which contacts and activities are conducted.
(3) To build
international partnerships and defense and security capacity.
(4) To strengthen
cooperation between the departments and agencies of the United States
Government and agencies of foreign governments to support building of defense
and security capacity.
(5) To facilitate
intergovernmental collaboration between the United States Government and
foreign governments in the areas of defense and security.
(6) To facilitate and
enhance the exchange of information between the United States Government and
foreign governments on matters relating to defense and security.
(b)
Availability of
appropriated funds for program
(1) Funds appropriated to
the Department of Defense, including funds appropriated for the Air and Army
National Guard, shall be available for the payment of costs incurred by the
National Guard to conduct activities under the State Partnership Program,
whether those costs are incurred inside or outside the United States.
(2) Costs incurred by the National Guard
and covered under paragraph (1) may include the following:
(A) Costs of pay and allowances of members
of the National Guard.
(B) Travel and necessary expenses of
United States personnel outside of the Department of Defense in support of the
State Partnership Program.
(C) Travel and necessary expenses of
foreign participants directly supporting activities under the State Partnership
Program.
(c)
Limitations on
use of funds
(1) Funds shall not be
available under subsection (b) for activities conducted in a foreign country
unless jointly approved by—
(A) the commander of the combatant command
concerned; and
(B) the chief of mission concerned, with
the concurrence of the Secretary of State.
(2) Funds shall not be available under
subsection (b) for the participation of a member of the National Guard in
activities in a foreign country unless the member is on active duty in the
armed forces at the time of such participation.
(3) Funds shall not be available under
subsection (b) for interagency activities involving United States civilian
personnel or foreign civilian personnel unless the participation of such
personnel in such activities—
(A) contributes to responsible management
of defense resources;
(B) fosters greater respect for and
understanding of the principle of civilian control of the military;
(C) contributes to cooperation between the
United States armed forces and civilian governmental agencies and foreign
military and civilian government agencies; or
(D) improves international partnerships
and capacity on matters relating to defense and security.
(d)
Reimbursement
(1) In the event of the participation of United
States Government participants (other than personnel of the Department of
Defense) in activities for which payment is made under subsection (b), the head
of the department or agency concerned shall reimburse the Secretary of Defense
for the costs associated with the participation of such personnel in such
contacts and activities.
(2) Amounts received under paragraph (1)
shall be deposited in the appropriation or account from which amounts for the
payment concerned were derived. Any amounts so deposited shall be merged with
amounts in such appropriation or account, and shall be available for the same
purposes, and subject to the same conditions and limitations, as amounts in
such appropriation or account.
(e)
Definitions
In
this section:
(1) The term
State Partnership Program means a program that establishes a
defense and security relationship between the National Guard of a State or
territory and the military and security forces, and related disaster
management, emergency response, and security ministries, of a foreign
country.
(2) The term
activities, for purposes of the State Partnership Program, means
any military-to-military activities or interagency activities for a purpose set
forth in subsection (a)(1).
(3) The term
interagency activities means the following:
(A) Contacts between
members of the National Guard and foreign civilian personnel outside the
ministry of defense of the foreign country concerned on a matter within the
core competencies of the National Guard.
(B) Contacts between United States civilian
personnel and members of the military and security forces of a foreign country
or foreign civilian personnel on a matter within the core competencies of the
National Guard.
(4) The term
matter within the core competencies of the National Guard means
matters with respect to the following:
(A) Disaster response
and mitigation.
(B) Defense support to
civil authorities.
(C) Consequence
management and installation protection.
(D) Response to a
chemical, biological, radiological, nuclear, or explosives (CBRNE)
event.
(E) Border and port
security and cooperation with civilian law enforcement.
(F) Search and
rescue.
(G) Medicine.
(H) Counter-drug and
counter-narcotics activities.
(I) Public
affairs.
(J) Employer support
and family support for reserve forces.
(5) The term
United States civilian personnel means the following:
(A) Personnel of the
United States Government (including personnel of departments and agencies of
the United States Government other than the Department of Defense) and
personnel of State and local governments of the United States.
(B) Members and
employees of the legislative branch of the United States Government.
(C) Non-governmental
individuals.
(6) The term
foreign civilian personnel means the following:
(A) Civilian personnel
of a foreign government at any level (including personnel of ministries other
than ministries of defense).
(B) Non-governmental
individuals of a foreign
country.
.
(2)
Clerical
amendment
The table of sections at the beginning of chapter 1 of
such title is amended by adding at the end the following new item:
116. State Partnership
Program.
.
(b)
Repeal of
superseded authority
Section 1210 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2517;
32 U.S.C.
107 note) is repealed.
1205.
Authority to
conduct activities to enhance the capability of certain foreign countries to
respond to incidents involving weapons of mass destruction in Syria and the
region
(a)
Authority
The Secretary of Defense, with the
concurrence of the Secretary of State, may 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 effectively to incidents involving weapons of mass
destruction in Syria and the region.
(b)
Authorized
elements
Assistance provided under this section may include
training, equipment, and supplies.
(c)
Availability of
funds for activities across fiscal years
The Secretary of Defense
may use up to $4,000,000 of the funds made available to the Department of
Defense for operation and maintenance for a fiscal year to carry out the
program authorized in subsection (a) and may provide assistance under such
program that begins in that fiscal year but ends in the next fiscal
year.
(d)
Report
Not later than 60 days after the date on
which the authority of subsection (a) is first exercised, and annually
thereafter through December 31, 2015, the Secretary of Defense, in coordination
with the Secretary of State, shall submit to the congressional defense
committees and the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives an annual report
to include at least the following:
(1) A
detailed description by country of assistance provided.
(2) An overview of how
such assistance fits into, and is coordinated with, other United States efforts
to build the capability and capacity of countries in the region of Syria to
counter the threat of weapons of mass destruction in Syria and the
region.
(3) A
listing of equipment and supplies provided to countries in the region of
Syria.
(4) Any other matters
the Secretary of Defense and the Secretary of State determine
appropriate.
(e)
Expiration
The
authority provided under subsection (a) may not be exercised after September
30, 2015.
1206.
One-year extension
of authority to support foreign forces participating in operations to disarm
the Lord's Resistance Army
(a)
Funding
Subsection (c)(1) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1624) is amended—
(1) by striking
fiscal years 2012 and 2013 and inserting fiscal years
2012, 2013, and 2014; and
(2) by striking
for operation and maintenance and inserting to provide
additional operation and maintenance funds for overseas contingency operations
being carried out by the Armed Forces as specified in the funding table in
section 4302.
(b)
Expiration
Subsection
(h) of such section is amended by striking September 30, 2013
and inserting September 30, 2014.
1207.
Monitoring and
evaluation of overseas humanitarian, disaster, and civic aid programs of the
Department of Defense
(a)
In
general
Of the amounts authorized to be appropriated by this Act
to carry out sections 401, 402, 404, 407, 2557, and 2561 of title 10, United
States Code, up to 5 percent of such amounts may be made available to conduct
monitoring and evaluation of programs conducted pursuant to such authorities
during fiscal year 2014.
(b)
Briefing
Not
later than 90 days after the date of the enactment of this Act, the Secretary
of Defense shall provide a briefing to the appropriate congressional committees
on mechanisms to evaluate the programs conducted pursuant to the authorities
listed in subsection (a). The briefing shall include the following:
(1) A
description of how the Department of Defense evaluates program and project
outcomes and impact, including cost effectiveness and extent to which programs
meet designated goals.
(2) An analysis of steps taken to implement the
recommendations from the following reports:
(A) The Government
Accountability Office’s Report entitled Project Evaluations and Better
Information Sharing Needed to Manage the Military’s Efforts.
(B) The Department of Defense Inspector General
Report numbered DODIG–2012–119.
(C) The RAND Corporation’s Report prepared for
the Office of the Secretary of Defense entitled Developing a Prototype
Handbook for Monitoring and Evaluating Department of Defense Humanitarian
Assistance Projects.
(c)
Definition
In
this section, the term appropriate congressional committees
means the following:
(1) The congressional
defense committees.
(2) The Committee on
Foreign Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate.
B
Matters relating
to Iraq, Afghanistan, and Pakistan
1211.
One-year extension
and modification of authority for reimbursement of certain coalition nations
for support provided to United States military operations
(a)
Extension of
authority
Subsection (a) of
section 1233 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law
110–181; 122 Stat. 393), as most recently amended by section
1227 of the National Defense Authorization Act for Fiscal Year 2013
(Public Law
112–239; 126 Stat. 2000), is further amended by striking
for fiscal year 2013 and inserting for fiscal year
2014.
(b)
Limitation on
amounts available
Subsection (d) of such section, as so amended,
is further amended—
(1) in paragraph (1),
by striking during fiscal year 2013 may not exceed
$1,650,000,000 and inserting during fiscal year 2014 may not
exceed $1,500,000,000; and
(2) in paragraph (3),
by striking Fiscal Year 2013 and inserting Fiscal Year
2014.
(c)
Limitation on
reimbursement of Pakistan in fiscal year 2014 pending certification on
Pakistan
(1)
In
general
Effective as of the date of the enactment of this Act, no
amounts authorized to be appropriated by this Act, and no amounts authorized to
be appropriated for fiscal years before fiscal year 2014 that remain available
for obligation, may be used for reimbursements of Pakistan under the authority
in subsection (a) of section 1233 of the National Defense Authorization Act for
Fiscal Year 2008, as amended by this section, until the Secretary of Defense
certifies to the congressional defense committees each of the following:
(A) That Pakistan is maintaining security and
is not through its actions or inactions at any level of government limiting or
otherwise restricting the movement of United States equipment and supplies
along the Ground Lines of Communications (GLOCs) through Pakistan to
Afghanistan so that such equipment and supplies can be transshipped and such
equipment and supplies can be retrograded out of Afghanistan.
(B) That Pakistan is
taking demonstrable steps to—
(i) support
counterterrorism operations against al Qaeda, Tehrik-i-Taliban Pakistan, and
other militant extremists groups such as the Haqqani Network and the Quetta
Shura Taliban located in Pakistan;
(ii) disrupt the
conduct of cross-border attacks against United States, coalition, and
Afghanistan security forces located in Afghanistan by such groups (including
the Haqqani Network and the Quetta Shura Taliban) from bases in Pakistan;
(iii) counter the
threat of improvised explosive devices, including efforts to attack improvised
explosive device networks, monitor known precursors used in improvised
explosive devices, and systematically address the misuse of explosive materials
(including calcium ammonium nitrate) and accessories and their supply to
legitimate end-users in a manner that impedes the flow of improvised explosive
devices and improvised explosive device components into Afghanistan; and
(iv) conduct
cross-border coordination and communication with Afghan security forces and
United States Armed Forces in Afghanistan.
(C) That Pakistan is not using its military or
any funds or equipment provided by the United States to persecute minority
groups for their legitimate and nonviolent political and religious beliefs,
including the Balochi, Sindhi, and Hazara ethnic groups and minority religious
groups, including Christian, Hindu, and Ahmadiyya Muslim.
(2)
Waiver
authority
The Secretary of Defense may waive the limitation in
paragraph (1) if the Secretary certifies to the congressional defense
committees in writing that the waiver is in the national security interests of
the United States and includes with such certification a justification for the
waiver.
1212.
One-year extension
of authority to use funds for reintegration activities in
Afghanistan
Section 1216 of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law
111–383; 124 Stat. 4392), as most recently amended by section
1218 of the National Defense Authorization Act for Fiscal Year 2013
(Public Law
112–239; 126 Stat. 1990), is further amended—
(1) in subsection
(a)—
(A) by striking
$35,000,000 and inserting $25,000,000; and
(B) by striking
for fiscal year 2013 and inserting for fiscal year
2014; and
(2) in subsection (e),
by striking December 31, 2013 and inserting December 31,
2014.
1213.
Extension of
Commanders’ Emergency Response Program in Afghanistan
(a)
One year
extension
(1)
In
general
Section 1201 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1619), as amended by section 1221 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1992), is amended by striking fiscal
year 2013 each place it appears and inserting fiscal year
2014.
(2)
Conforming
amendment
The heading of subsection (a) of such section is
amended by striking “fiscal year
2013” and inserting “fiscal year 2014”.
(b)
Amount of funds
available during fiscal year 2014
Subsection (a) of such section
is further amended by striking $200,000,000 and inserting
$60,000,000.
1214.
Extension of
authority to support operations and activities of the Office of Security
Cooperation in Iraq
(a)
Limitation on
amount
Subsection (c) of
section 1215 of the National Defense Authorization Act for Fiscal Year 2012
(Public Law
112–81; 125 Stat. 1631), as amended by section 1211 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1982), is further amended by striking
fiscal year 2012 and all that follows and inserting
fiscal year 2014 may not exceed $209,000,000..
(b)
Source of
funds
Subsection (d) of such
section, as so amended, is further amended—
(1) by striking fiscal year 2012 or
fiscal year 2013 and inserting fiscal year 2014; and
(2) by striking
fiscal year 2012 or 2013, as the case may be, and inserting
that fiscal year.
(c)
Additional
Authority for the Activities of the Office of Security Cooperation in
Iraq
Subsection (f) of such section, as so amended, is further
amended—
(1) by striking
fiscal year 2013 and inserting fiscal year 2014;
and
(2) by striking
and Counter Terrorism Service.
1215.
One-year extension
and modification of authority for program to develop and carry out
infrastructure projects in Afghanistan
Section 1217(f) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law
111–383; 124 Stat. 4393), as most recently amended by section
1219 of the National Defense Authorization Act for Fiscal Year 2013
(Public Law
112–239; 126 Stat. 1991), is further amended—
(1) in paragraph (1),
by adding at the end the following new subparagraph:
(C) Up to $279,000,000 made available to the
Department of Defense for operation and maintenance for fiscal year
2014.
;
(2) in paragraph
(2)—
(A) in the matter
preceding subparagraph (A)—
(i) by
striking fiscal year 2011 and inserting fiscal year
2013; and
(ii) by
inserting , or phase of a project, after each
project;
(B) by redesignating
subparagraph (C) as subparagraph (D); and
(C) by inserting after
subparagraph (B) the following new subparagraph:
(C) An assessment of the capability of the
Afghan National Security Forces (ANSF) to provide security for such project
after January 1, 2015, including ANSF force levels required to secure the
project. Such assessment should include the estimated costs of providing
security and whether or not the Government of Afghanistan is committed to
providing such security.
;
and
(3) in paragraph (3),
by adding at the end the following new subparagraph:
(D) In the case of funds for fiscal year 2014,
until September 30, 2015.
.
1216.
Special immigrant
visas for certain Iraqi and Afghan allies
(a)
Protection for
Afghan allies
Section 602(b)
of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended—
(1) in paragraph
(2)(A)(ii), by striking on or after October 7, 2001, and
inserting during the period beginning on October 7, 2001, and ending on
December 31, 2014,;
(2) in paragraph
(2)(D), by adding at the end the following: A principal alien described
in subparagraph (A) seeking special immigrant status under this section shall
apply for an approval described in this subparagraph not later than September
30, 2015.; and
(3) in paragraph
(3)(A), by striking 2013. and inserting 2013, and may not
exceed 435 for each of fiscal years 2014, 2015, 2016, 2017, and
2018..
(b)
Special
immigrant status for certain Iraqis
Section 1244(a)(1) of the
Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended by
striking the semicolon at the end and inserting on or before the date of
the enactment of the National Defense Authorization Act for Fiscal Year
2014;.
1217.
Requirement to
withhold Department of Defense assistance to Afghanistan in amount equivalent
to 100 percent of all taxes assessed by Afghanistan to extent such taxes are
not reimbursed by Afghanistan
(a)
Requirement to
withhold assistance to Afghanistan
An amount equivalent to 100 percent of the
total taxes assessed during fiscal year 2013 by the Government of Afghanistan
on all Department of Defense assistance shall be withheld by the Secretary of
Defense from obligation from funds appropriated for such assistance for fiscal
year 2014 to the extent that the Secretary of Defense certifies and reports in
writing to the Committees on Armed Services of the Senate and the House of
Representatives that such taxes have not been reimbursed by the Government of
Afghanistan to the Department of Defense or the grantee, contractor, or
subcontractor concerned.
(b)
Waiver
authority
The Secretary of Defense may waive the requirement in
subsection (a) if the Secretary determines that such a waiver is necessary to
achieve United States goals in Afghanistan.
(c)
Report
Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of Representatives a
report on the total taxes assessed during fiscal year 2013 by the Government of
Afghanistan on all Department of Defense assistance.
(d)
Department of
Defense assistance defined
In this section, the term
Department of Defense assistance means funds provided during
fiscal year 2013 to Afghanistan by the Department of Defense, either directly
or through grantees, contractors, or subcontractors.
1218.
Improvement of
the Iraqi special immigrant visa program
The Refugee Crisis in Iraq Act of 2007
(8 U.S.C.
1157 note) is amended—
(1) in section 1242,
by amending subsection (c) to read as follows:
(c)
Improved
application process
Not later than 120 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year 2014,
;
(2) in section 1244,
as amended by this Act, is further amended—
(A) by amending
subsection (a) to read as follows:
(a)
In
general
Subject to subsection (c), the Secretary of Homeland
Security, or, notwithstanding any other provision of law, the Secretary of
State in consultation with the Secretary of Homeland Security, may provide an
alien described in subsection (b) with the status of a special immigrant under
section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101
(a)(27)), and shall, in consultation with the Secretary of Defense, ensure
efficiency by which applications for special immigrant visas under section
1244(a) are processed so that all steps incidental to the issuance of such
visas, including required screenings and background checks, are completed not
later than 9 months after the date on which an eligible alien applies for such
visa, if the
alien—
.
(B) in subsection (b)—
(i) in
paragraph (4) by adding at the end the following:
(A)
Review process
for denial by chief of mission
(i)
In
general
An applicant who has been denied Chief of Mission
approval required by subparagraph (A) shall—
(I) receive a written
decision; and
(II) be provided 120
days from the date of the decision to request reopening of the decision to
provide additional information, clarify existing information, or explain any
unfavorable information.
(ii)
Senior
coordinator
The Secretary of State shall designate, in the
Embassy of the United States in Baghdad, Iraq, a senior coordinator responsible
for overseeing the efficiency and integrity of the processing of special
immigrant visas under this section, who shall be given—
(I) sufficiently high
security clearance to review Chief of Mission denials in cases that appear to
have relied upon insufficient or incorrect information; and
(II) responsibility
for ensuring that an applicant described in clause (i) receives the information
described in clause
(i)(I).
.
(3) in section 1248,
by adding at the end the following:
(f)
Report on
Improvements
(1)
In
general
Not later than 120
days after the date of the enactment of the National Defense Authorization Act
for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland
Security, in consultation with the Secretary of Defense, shall submit a report,
with a classified annex, if necessary, to—
(A) the Committee on
the Judiciary of the Senate;
(B) the Committee on
Foreign Relations of the Senate;
(C) the Committee on
the Judiciary of the House of Representatives; and
(D) the Committee on
Foreign Affairs of the House of Representatives.
(2)
Contents
The
report submitted under paragraph (1) shall describe the implementation of
improvements to the processing of applications for special immigrant visas
under section 1244(a), including information relating to—
(A) enhancing existing
systems for conducting background and security checks of persons applying for
special immigrant status, which shall—
(i) support
immigration security; and
(ii) provide for the
orderly processing of such applications without delay;
(B) the financial,
security, and personnel considerations and resources necessary to carry out
this subtitle;
(C) the number of
aliens who have applied for special immigrant visas under section 1244 during
each month of the preceding fiscal year;
(D) the reasons for
the failure to expeditiously process any applications that have been pending
for longer than 9 months;
(E) the total number
of applications that are pending due to the failure—
(i) to
receive approval from the Chief of Mission;
(ii) for U.S.
Citizenship and Immigration Services to complete the adjudication of the Form
I–360;
(iii) to conduct a
visa interview; or
(iv) to issue the visa
to an eligible alien;
(F) the average wait
times for an applicant at each of the stages described in subparagraph (E);
(G) the number of
denials or rejections at each of the stages described in subparagraph (E); and
(H) a breakdown of
reasons for denials at by the Chief of Mission based on the categories already
made available to denied special immigrant visa applicants in the denial letter
sent to them by the Chief of Mission.
(g)
Public quarterly
reports
Not later than 120
days after the date of the enactment of the National Defense Authorization Act
for Fiscal Year 2014, and every 3 months thereafter, the Secretary of State and
the Secretary of Homeland Security, in consultation with the Secretary of
Defense, shall publish a report on the website of the Department of State that
describes the efficiency improvements made in the process by which applications
for special immigrant visas under section 1244(a) are processed, including
information described in subparagraphs (C) through (H) of subsection
(f)(2).
.
1219.
Improvement of
the Afghan Special Immigrant Visa Program
Section 602(b) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is
amended—
(1) in paragraph
(2)—
(A) in subparagraph
(D)—
(i) by
adding at the end the following:
(ii)
Review process
for denial by chief of mission
(I)
In
general
An applicant who has been denied Chief of Mission
approval shall—
(aa) receive a written
decision; and
(bb) be
provided 120 days from the date of receipt of such opinion to request
reconsideration of the decision to provide additional information, clarify
existing information, or explain any unfavorable information.
(II)
Senior
coordinator
The Secretary of State shall designate, in the
Embassy of the United States in Kabul, Afghanistan, a senior coordinator
responsible for overseeing the efficiency and integrity of the processing of
special immigrant visas under this section, who shall be given—
(aa) sufficiently high
security clearance to review Chief of Mission denials in cases that appear to
have relied upon insufficient or incorrect information; and
(bb) responsibility
for ensuring that an applicant described in subclause (I) receives the
information described in subclause
(I)(aa).
;
(2) in paragraph
(4)—
(A) in the heading, by
striking Prohibition on
fees and inserting Application
process;
(B) by striking
The Secretary and inserting the following:
(A)
In
general
Not later than 120
days after the date of enactment of the National Defense Authorization Act for
Fiscal Year 2014, the Secretary of State and the Secretary of Homeland
Security, in consultation with the Secretary of Defense, shall improve the
efficiency by which applications for special immigrant visas under paragraph
(1) are processed so that all steps incidental to the issuance of such visas,
including required screenings and background checks, are completed not later
than 6 months after the date on which an eligible alien applies for such
visa.
(B)
Prohibition on
fees
The Secretary
;
and
(4) by adding at the
end the following:
(12)
Report on
improvements
Not later than
120 days after the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland
Security, in consultation with the Secretary of Defense, shall submit to the
appropriate committees of Congress a report, with a classified annex, if
necessary, that describes the implementation of improvements to the processing
of applications for special immigrant visas under this subsection, including
information relating to—
(A) enhancing existing
systems for conducting background and security checks of persons applying for
special immigrant status, which shall—
(i) support
immigration security; and
(ii) provide for the
orderly processing of such applications without delay;
(B) the financial,
security, and personnel considerations and resources necessary to carry out
this section;
(C) the number of
aliens who have applied for special immigrant visas under this subsection
during each month of the preceding fiscal year;
(D) the reasons for
the failure to expeditiously process any applications that have been pending
for longer than 9 months;
(E) the total number
of applications that are pending due to the failure—
(i) to
receive approval from the Chief of Mission;
(ii) for U.S.
Citizenship and Immigration Services to complete the adjudication of the Form
I–360;
(iii) to conduct a
visa interview; or
(iv) to issue the visa
to an eligible alien;
(F) the average wait
times for an applicant at each of the stages described in subparagraph
(E);
(G) the number of
denials or rejections at each of the stages described in subparagraph (E);
and
(H) a breakdown of
reasons for denials by the Chief of Mission based on the categories already
made available to denied special immigrant visa applicants in the denial letter
sent to them by the Chief of Mission.
(13)
Public
quarterly reports
Not later
than 120 days after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2014, and every 3 months thereafter, the
Secretary of State and the Secretary of Homeland Security, in consultation with
the Secretary of Defense, shall publish a report on the website of the
Department of State that describes the efficiency improvements made in the
process by which applications for special immigrant visas under this subsection
are processed, including information described in subparagraph (C) through (H)
of paragraph
(12).
.
1220.
Sense of
congress
(a)
Purpose
Expressing
the Sense of the House or Representatives that the Special Immigration Visa
programs authorized in the National Defense Authorization Act for Fiscal Year
2008 and the Afghan Allies Protection Act of 2009 are critical to the United
States national security, and that these programs must be reformed and extended
in order to meet the Congressional intent with which they were created.
(b)
Findings
Congress
finds the following:
(1) Congress created
the Special Immigration Visa program for the purposes of protecting and aiding
the many brave Iraqis and Afghans whose lives, and the lives of their families,
were endangered as a result of their faithful and valuable service to the
United States during Operations Enduring Freedom and Iraqi Freedom.
(2) The Iraq Special
Immigrant Visa program is set to expire at the end of fiscal year 2013.
(3) The Afghanistan
Special Immigrant Visa program is set to expire at the end of fiscal year
2014.
(4) Despite the pending expiration of the
Special Immigrant Visa programs, many brave Iraqis, Afghans, and their
families, continue to face ongoing and serious threats as a result of their
employment by or on behalf of the United States Government.
(5) Between FY08–FY12,
only 22 percent of the available Iraqi SIVs (5,500 visas out of 25,000 visas)
have been issued and 12 percent of the available Afghan SIVs (1,051 visas out
of 8,500 visas) have been issued.
(6) As the Washington
Post reported in October 2012, over 5,000 documentarily complete Afghan SIV
applications remained in a backlog.
(7) The implementation
of the Special Immigration Visa programs has been protracted and
inefficient.
(8) The application
and approval process for the Special Immigration Visa program is unnecessarily
opaque and difficult to navigate.
(9) Applicants in both
Iraq and Afghanistan often have effusive recommendations from numerous military
personnel, have served the United States war efforts for many years, and have
served valiantly, in some instances literally taking a bullet for a United
States service member, and yet are denied approval for a Special Immigration
Visa with little to no transparency.
(10) Overly narrow
provisions contained in the Afghan Allies Protection Act of 2009 leave many
deserving Afghans and their families in need of United States assistance, but
unable to access the Special Immigration Visa program.
(11) The United States
has a responsibility to follow through on its promise to protect those Iraqis
and Afghans who have risked their lives to aid our troops and protect America’s
security.
(12) The extension and
reform of the Iraq and Afghanistan Special Immigrant Visa programs is a matter
of national security.
(13) The extension and
reform of the Afghan Special Immigrant Visa program is essential to the United
States mission in Afghanistan.
(c)
Sense of the
House
It is the sense of the House of Representatives that the
Iraq and Afghanistan Special Immigrant Visa programs should be—
(1) reformed
by—
(A) ensuring
applications are processed in a timely, and transparent fashion;
(B) providing parity
between the two Special Immigrant Visa programs so that Afghan principal
applicants, like Iraqi principal applicants, are able to include their spouse,
children, siblings, and parents; and
(C) expanding
eligibility for the Special Immigrant Visa programs 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 United States mission in Iraq or Afghanistan that has
received United States Government funding through an official and documented
contract, award, grant, or cooperative agreement; and
(2) extended
in—
(A) Iraq through the
year 2018, without authorizing any additional Special Immigrant Visas as
authorized in the original statue; and
(B) Afghanistan
through the year 2018, without authorizing any additional Special Immigrant
Visas as authorized in the original statue.
C
Matters relating
to Afghanistan post 2014
1221.
Modification of
report on progress toward security and stability in Afghanistan
(a)
In
general
Section 1230 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110–181; 122 Stat. 385), as most recently amended by section
1214(a) of the National Defense Authorization Act for Fiscal Year 2013
(Public Law
112–239; 126 Stat. 1986), is further amended—
(1) by redesignating subsections (f), (g), and
(h) as subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (e) the
following new subsections:
(f)
Matters to be
included: Redeployment of United States Armed Forces from
Afghanistan
The report
required under subsection (a) shall include a detailed description of the
following matters relating to the redeployment of United States Armed Forces
from Afghanistan:
(1) The number and a description of United
States Armed Forces redeployed, vehicles and equipment redeployed, and bases
closed during the reporting period.
(2) A summary of tasks
and functions conducted by the United States Armed Forces or the Department of
Defense that have been transferred to other United States Government
departments and agencies, Afghan Government ministries and agencies, other
foreign governments, or nongovernmental organizations, or discontinued during
the reporting period. The summary shall include a discussion of the formal and
informal arrangements and working groups that have been established to
coordinate and execute the transfer of such tasks and functions.
(g)
Matters to be
included: Assessment of capability of ANSF to provide operations and
maintenance functions
The
report required under subsection (a) shall include a detailed assessment of the
capability of the Afghan National Security Forces (ANSF) to provide operations
and maintenance functions for infrastructure projects constructed for the ANSF
after January 1, 2015, including—
(1) a description of training provided to the
ANSF by the United States and the International Security Assistance
Force;
(2) a comprehensive
evaluation of operations and maintenance capabilities and skills; and
(3) the Government of
Afghanistan’s financial wherewithal to perform or contract out such
functions.
.
(b)
Effective
date
The amendments made this section apply with respect to any
report required to be submitted under section 1230 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 385)
on or after the date of the enactment of this Act.
1222.
Completion of
accelerated transition of United States combat and military and security
operations to the Government of Afghanistan
(a)
In
general
It is the policy of
the United States that, in coordination with the Government of Afghanistan,
North Atlantic Treaty Organization (NATO) member countries, and other allies in
Afghanistan, the President shall—
(1) complete the
accelerated transition of United States combat operations to the Government of
Afghanistan by not later than December 31, 2013;
(2) complete the
accelerated transition of United States military and security operations to the
Government of Afghanistan and redeploy United States Armed Forces from
Afghanistan (including operations involving military and security-related
contractors) by not later than December 31, 2014; and
(3) pursue robust
negotiations leading to a political settlement and reconciliation of the
internal conflict in Afghanistan, to include the Government of Afghanistan, all
interested parties within Afghanistan and with the observance and support of
representatives of donor nations active in Afghanistan and regional governments
and partners in order to secure a secure and independent Afghanistan and
regional security and stability.
(b)
Sense of
Congress
It is the sense of
Congress that should the President determine the necessity to maintain United
States troops in Afghanistan to carry out missions after December 31, 2014, and
such presence and missions should be authorized by a separate vote of Congress
not later than June 1, 2014.
(c)
Rule of
construction
Nothing in this section shall be construed so as to
limit or prohibit any authority of the President to—
(1) modify the military strategy, tactics, and
operations of United States Armed Forces as such Armed Forces redeploy from
Afghanistan;
(2) attack Al Qaeda
forces wherever such forces are located;
(3) provide financial support and equipment to
the Government of Afghanistan for the training and supply of Afghanistan
military and security forces; or
(4) gather, provide,
and share intelligence with United States allies operating in Afghanistan and
Pakistan.
1223.
Defense
intelligence plan
(a)
Plan
required
Not later than 180
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees, the Permanent Select
Committee on Intelligence of the House of Representatives, and the Select
Committee on Intelligence of the Senate a Department of Defense plan regarding
covered defense intelligence assets in relation to the drawdown of the United
States Armed Forces in Afghanistan. Such plan shall include—
(1) a description of
the covered defense intelligence assets;
(2) a description of
any such assets to remain in Afghanistan after December 31, 2014, to continue
to support military operations;
(3) a
description of any such assets that will be or have been reallocated to other
locations outside of the United States in support of the Department of
Defense;
(4) the defense
intelligence priorities that will be or have been addressed with the
reallocation of such assets from Afghanistan;
(5) the necessary
logistics, operations, and maintenance plans to operate in the locations where
such assets will be or have been reallocated, including personnel, basing, and
any host country agreements; and
(6) a
description of any such assets that will be or have been returned to the United
States.
(b)
Covered defense
intelligence assets defined
In this section, the term
covered defense intelligence assets means Department of Defense
intelligence assets and personnel supporting military operations in Afghanistan
at any time during the one-year period ending on the date of the enactment of
this Act.
1224.
Limitation on
availability of funds for certain authorities for Afghanistan
(a)
Reintegration
activities and infrastructure projects in Afghanistan
(1)
In
general
None of the funds authorized to be appropriated by this
Act may be obligated or expended to carry out the provisions of law described
in paragraph (2) until 15 days after the date on which the Secretary of Defense
submits to the specified congressional committees the certification described
in subsection (d).
(2)
Provisions of
law
The provisions of law
referred to in paragraph (1) are the following:
(A) Section 1216 of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law
111–383; 124 Stat. 4392; relating to authority to use funds for
reintegration activities in Afghanistan).
(B) Section 1217 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law
111–383; 124 Stat. 4393; relating to authority for program to
develop and carry out infrastructure projects in Afghanistan).
(b)
Commanders’
Emergency Response Program in Afghanistan
Of the funds authorized
to be appropriated by this Act to carry out section 1201 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1619; relating to the Commanders’ Emergency
Response Program in Afghanistan), $45,000,000 may not be obligated or expended
until 15 days after the date on which the Secretary of Defense submits to the
specified congressional committees the certification described in subsection
(d).
(c)
Afghanistan
Security Forces Fund
Of the funds authorized to be appropriated
by this Act for the Afghanistan Security Forces Fund, $2,615,000,000 may not be
obligated or expended until 15 days after the date on which the Secretary of
Defense submits to the specified congressional committees the certification
described in subsection (d).
(d)
Certification
described
The certification referred to in subsections (a), (b),
and (c) is a certification of the Secretary of Defense, in consultation with
the Secretary of State, that the United States and Afghanistan have signed a
bilateral security agreement that—
(1) protects the
Department of Defense, its military and civilian personnel, and contractors
from liability to pay any tax, or similar charge, associated with efforts to
carry out missions in the territory of Afghanistan that have been agreed to by
both the Government of the United States and the Government of Afghanistan;
(2) ensures exclusive
jurisdiction for the United States over United States Armed Forces located in
Afghanistan;
(3) ensures that there
is no infringement on the right of self-defense of the United States military
mission or United States military personnel in Afghanistan;
(4) ensures that the
United States military in Afghanistan is permitted to take the efforts deemed
necessary to protect other United States Government offices and personnel in
Afghanistan as may be required;
(5) ensures that the
United States military mission in Afghanistan has sufficient access to bases
and basing rights as may be necessary to carry out the activities in
Afghanistan that the President has assigned to the military; and
(6) ensures that the
United States has the freedom of movement to carry out those military missions
as may be required to continue the effort to defeat al Qaeda and its associated
forces.
(e)
Specified
congressional committees
In this section, the term
specified congressional committees means—
(1) the congressional
defense committees; and
(2) the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives.
1225.
Limitation on
funds to establish permanent military installations or bases in
Afghanistan
None of the funds
authorized to be appropriated by this Act may be obligated or expended by the
United States Government to establish any military installation or base for the
purpose of providing for the permanent stationing of United States Armed Forces
in Afghanistan.
D
Matters relating
to Iran
1231.
Report on United
States military partnership with Gulf Cooperation Council countries
(a)
In
general
Not later than 90
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report on the United
States military partnership with Gulf Cooperation Council countries.
(b)
Matters to be
included
The report required by subsection (a) shall include the
following:
(1) An explanation of the steps that the
Department of Defense is taking to improve the interoperability of United
States-Gulf Cooperation Council countries missile defense systems.
(2) An outline of the
defense agreements with Gulf Cooperation Council countries, including caveats
and restrictions on United States operations.
(3) An outline of United States efforts in Gulf
Cooperation Council countries that are funded by overseas contingency
operations funding, an explanation of overseas contingency operations funding
for such efforts, and a plan to transition overseas contingency operations
funding for such efforts to long-term, sustainable funding sources.
(c)
Form
The
report required by subsection (a) shall be submitted in unclassified form, but
may contain a classified annex, if necessary.
1232.
Additional elements
in annual report on military power of Iran
(a)
In
general
Section 1245(b)(3) of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111–84; 123 Stat. 2542) is amended—
(1) in subparagraph
(C), by striking and at the end;
(2) in subparagraph
(D), by striking the period at the end and inserting a semicolon; and
(3) by adding at the
end the following new subparagraphs:
(E) a description of the strategy and structure
of the global Iranian Threat Network and an assessment of the capability of
such Network and how such Network operates to reinforce Iran’s grand strategy;
(F) a description of the gaps in intelligence
of the Department of Defense with respect to Iran and a prioritization of those
gaps in intelligence by operational need; and
(G) an analysis of how sanctions on Iran are
effecting its military capability and its ability to export terrorism to proxy
groups within its Threat Network.
.
(b)
Effective
date
The amendments made by this section shall take effect on the
date of the enactment of this Act and shall apply with respect to reports
required to be submitted under section 1245 of the National Defense
Authorization Act for Fiscal Year 2010, as so amended, on or after that
date.
1233.
Sense of Congress
on the defense of the Arabian Gulf
(a)
Findings
Congress finds the following:
(1) In response to U.S. Central Command
requirements, the United States Navy has maintained, on average, more than one
aircraft carrier in the Arabian Gulf for more than five years.
(2) In February 2013,
the senior leadership of the Department of Defense elected to reduce the number
of aircraft carriers deployed to the Arabian Gulf in light of budget
constraints and limitation of the overall carrier force structure to support
the two aircraft carrier requirement.
(3) In reference to
the decision to indefinitely delay the deployment of the USS Harry Truman, CVN
75, and the USS Gettysburg, its cruiser escort, Chairman of the Joint Chiefs,
General Martin Dempsey stated, We’re trying to stretch our readiness out
by keeping this particular carrier in homeport in our global response force, so
if something happens elsewhere in the world, we can respond to it. Had we
deployed it and consumed that readiness, we could have created a
situation where downstream we wouldn’t have a carrier present in certain parts
of the world at all..
(4) Highlighting the
risks of having only one aircraft carrier in the region and relying on
land-based aircraft, General Dempsey stated, When you have carrier-based
aircraft, you have complete autonomy and control over when you use them. When
you use land-based aircraft, you often have to have host-nation permission to
use them..
(5) Addressing the
perception of the United States commitment to the region, General James Mattis,
Commander of U.S. Central Command, testified in March 2013, Perhaps the
greatest risk to U.S. interests in the region is a perceived lack of an
enduring U.S. commitment to collective interests and the security of our
regional partners.. He went on to testify that, The drawdown of
our forces can be misinterpreted as a lack of attention, a lack of commitment
to the region..
(b)
Sense of
congress
It is the sense of Congress that—
(1) maintaining only
one aircraft carrier battle group in the Arabian Gulf constrains United States’
options and could put at risk the ability to have diversified platforms from
which to defend the Arabian Gulf and, if necessary, to conduct military
operations to prevent Iran from threatening the United States, United States
allies, or Iran’s neighbors with nuclear weapons;
(2) it is in the
interests of the United States to maintain both land-based and sea-based
capabilities in the region to project force;
(3) land-based
locations in the region could restrict United States military options and
critically impact the operational capability if required to conduct a defense
of the Arabian Gulf because the United States has not finalized bilateral
security agreements with key Gulf Cooperation Council countries;
(4) as a result of
these and other critical limitations associated with maintaining one aircraft
carrier battle group in the Arabian Gulf, United States military commanders
have expressed concerns about the operational constraints, the increasing
uncertainty among United States allies, and the emboldening of potential
adversaries such as Iran;
(5) regarding the
ability of the United States Navy to maintain a two aircraft carrier presence
in the Arabian Gulf, the Chief of Naval Operations, Admiral Jonathan Greenert,
stated, We need 11 carriers to do the job. That’s been pretty clearly
written, and that’s underwritten in our defense strategic
guidance..
(6) the United States should construct and
sufficiently sustain a fleet of at least eleven aircraft carriers and
associated battle force ships in order to meet current and future requirements
and to support at least a two aircraft carrier battle group presence in the
Arabian Gulf, in addition to meeting other operational requirements; and
(7) the United States
should finalize bilateral agreements with key Gulf Cooperation Council
countries that support the Defense of the Arabian Gulf requirements, at the
earliest possible date.
1234.
Integrated air and
missile defense programs at training locations in Southwest Asia
Section 544(c)(1) of the Foreign Assistance
Act of 1961 (22
U.S.C. 2347c(c)(1)) is amended—
(1) in the first
sentence, by inserting after programs the following: and
integrated air and missile defense programs; and
(2) in the second
sentence, by striking post-undergraduate flying and tactical
leadership and inserting such.
1235.
Statement of
Policy on condemning the Government of Iran for its state-sponsored persecution
of its Baha’i minority
(a)
Findings
Congress finds the following:
(1) In 1982, 1984,
1988, 1990, 1992, 1994, 1996, 2000, 2006, 2008, 2009, 2012, and 2013, Congress
declared that it deplored the religious persecution by the Government of Iran
of the Baha’i community and would hold the Government of Iran responsible for
upholding the rights of all Iranian nationals, including members of the Baha’i
faith.
(2) The United States
Commission on International Religious Freedom 2012 Report stated, The
Baha’i community has long been subject to particularly severe religious freedom
violations in Iran. Baha’is, who number at least 300,000, are viewed as
heretics by Iranian authorities and may face repression on the
grounds of apostasy..
(3) The United States
Commission on International Religious Freedom 2012 Report stated, Since
1979, Iranian government authorities have killed more than 200 Baha’i leaders
in Iran and dismissed more than 10,000 from government and university
jobs..
(4) The United States
Commission on International Religious Freedom 2012 Report stated,
Baha’is may not establish places of worship, schools, or any independent
religious associations in Iran..
(5) The United States
Commission on International Religious Freedom 2012 Report stated,
Baha’is are barred from the military and denied government jobs and
pensions as well as the right to inherit property. Their marriages and divorces
also are not recognized, and they have difficulty obtaining death certificates.
Baha’i cemeteries, holy places, and community properties are often seized or
desecrated, and many important religious sites have been
destroyed..
(6) The United States
Commission on International Religious Freedom 2012 Report stated, The
Baha’i community faces severe economic pressure, including denials of jobs in
both the public and private sectors and of business licenses. Iranian
authorities often pressure employers of Baha’is to dismiss them from employment
in the private sector..
(7) The Department of
State 2011 International Religious Freedom Report stated, The government
prohibits Baha’is from teaching and practicing their faith and subjects them to
many forms of discrimination that followers of other religions do not
face..
(8) The Department of
State 2011 International Religious Freedom Report stated, According to
law, Baha’i blood is considered mobah, meaning it can be spilled
with impunity..
(9) The Department of
State 2011 International Religious Freedom Report stated that members of
religious minorities, with the exception of Baha’is, can serve in lower ranks
of government employment, and Baha’is are barred from all
leadership positions in the government and military.
(10) The Department of
State 2011 International Religious Freedom Report stated, Baha’is
suffered frequent government harassment and persecution, and their property
rights generally were disregarded. The government raided Baha’i homes and
businesses and confiscated large amounts of private and commercial property, as
well as religious materials belonging to Baha’is..
(11) The Department of
State 2011 International Religious Freedom Report stated, Baha’is also
are required to register with the police.
(12) The Department of
State 2011 International Religious Freedom Report stated that [p]ublic
and private universities continued to deny admittance to and expelled Baha’i
students and [d]uring the year, at least 30 Baha’is were barred
or expelled from universities on political or religious grounds.
(13) The Department of
State 2011 International Religious Freedom Report stated, Baha’is are
regularly denied compensation for injury or criminal
victimization..
(14) On March 6, 2012,
the United Nations Special Rapporteur on the situation of human rights in the
Islamic Republic of Iran issued a report (A/HRC/19/66), which stated that
the Special Rapporteur continues to be alarmed by communications that
demonstrate the systemic and systematic persecution of members of unrecognized
religious communities, particularly the Baha’i community, in violation of
international conventions and expressed concern regarding an
intensive defamation campaign meant to incite discrimination and hate against
Baha’is.
(15) On May 23, 2012,
the United Nations Secretary-General issued a report, which stated that
the Special Rapporteur on freedom of religion or belief * * * pointed
out that the Islamic Republic of Iran had a policy of systematic persecution of
persons belonging to the Baha’i faith, excluding them from the application of
freedom of religion or belief by simply denying that their faith had the status
of a religion.
(16) On August 22,
2012, the United Nations Secretary-General issued a report, which stated,
The international community continues to express concerns about the very
serious discrimination against ethnic and religious minorities in law and in
practice, in particular the Baha’i community. The Special Rapporteur on the
situation of human rights in the Islamic Republic of Iran expressed alarm about
the systemic and systematic persecution of members of the Baha’i community,
including severe socioeconomic pressure and arrests and detention. He also
deplored the Government’s tolerance of an intensive defamation campaign aimed
at inciting discrimination and hate against Baha’is..
(17) On September 13,
2012, the United Nations Special Rapporteur on the situation of human rights in
the Islamic Republic of Iran issued a report (A/67/369), which stated,
Reports and interviews submitted to the Special Rapporteur also continue
to portray a disturbing trend with regard to religious freedom in the country.
Members of both recognized and unrecognized religions have reported various
levels of intimidation, arrest, detention and interrogation that focus on their
religious beliefs., and stated, At the time of drafting the
report, 105 members of the Baha’i community were reported to be in
detention..
(18) On November 27,
2012, the Third Committee of the United Nations General Assembly adopted a
draft resolution (A/C.3/67/L.51), which noted, [I]ncreased persecution
and human rights violations against persons belonging to unrecognized religious
minorities, particularly members of the Baha’i faith and their defenders,
including escalating attacks, an increase in the number of arrests and
detentions, the restriction of access to higher education on the basis of
religion, the sentencing of twelve Baha’is associated with Baha’i educational
institutions to lengthy prison terms, the continued denial of access to
employment in the public sector, additional restrictions on participation in
the private sector, and the de facto criminalization of membership in the
Baha’i faith..
(19) On December 20,
2012, the United Nations General Assembly adopted a resolution (A/RES/67/182),
which called upon the government of Iran [t]o eliminate discrimination
against, and exclusion of * * * members of the Baha’i Faith, regarding access
to higher education, and to eliminate the criminalization of efforts to provide
higher education to Baha’i youth denied access to Iranian universities,
and to accord all Baha’is, including those imprisoned because of their
beliefs, the due process of law and the rights that they are constitutionally
guaranteed.
(20) On February 28,
2013, the United Nations Special Rapporteur on the situation of human rights in
the Islamic Republic of Iran issued a report (A/HRC/22/56), which stated,
110 Bahai’s are currently detained in Iran for exercising their faith,
including two women, Mrs. Zohreh Nikayin and Mrs. Taraneh Torabi, who are
reportedly nursing infants in prison.
(21) In March and May
of 2008, intelligence officials of the Government of Iran in Mashhad and Tehran
arrested and imprisoned Mrs. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr.
Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mrs. Mahvash Sabet, and
Mr. Vahid Tizfahm, the seven members of the ad hoc leadership group for the
Baha’i community in Iran.
(22) In August 2010,
the Revolutionary Court in Tehran sentenced the seven Baha’i leaders to 20-year
prison terms on charges of spying for Israel, insulting religious
sanctities, propaganda against the regime and spreading corruption on
earth.
(23) The lawyer for
these seven leaders, Mrs. Shirin Ebadi, the Nobel Laureate, was denied
meaningful or timely access to the prisoners and their files, and her
successors as defense counsel were provided extremely limited access.
(24) These seven
Baha’i leaders were targeted solely on the basis of their religion.
(25) Beginning in May
2011, Government of Iran officials in four cities conducted sweeping raids on
the homes of dozens of individuals associated with the Baha’i Institute for
Higher Education (BIHE) and arrested and detained several educators associated
with BIHE.
(26) In October 2011,
the Revolutionary Court in Tehran sentenced seven of these BIHE instructors and
administrators, Mr. Vahid Mahmoudi, Mr. Kamran Mortezaie, Mr. Mahmoud Badavam,
Ms. Nooshin Khadem, Mr. Farhad Sedghi, Mr. Riaz Sobhani, and Mr. Ramin Zibaie,
to prison terms for the crime of membership of the deviant sect of
Baha’ism, with the goal of taking action against the security of the country,
in order to further the aims of the deviant sect and those of organizations
outside the country.
(27) Six of these
educators remain imprisoned, with Mr. Mortezaie serving a 5-year prison term
and Mr. Badavam, Ms. Khadem, Mr. Sedghi, Mr. Sobhani, and Mr. Zibaie serving
4-year prison terms.
(28) Since October
2011, four other BIHE educators, Ms. Faran Hessami, Mr. Kamran Rahimian, Mr.
Kayvan Rahimian, and Mr. Shahin Negari have been sentenced to 4-year prison
terms, which they are now serving.
(29) The efforts of
the Government of Iran to collect information on individual Baha’is have
recently intensified as evidenced by a letter, dated November 5, 2011, from the
Director of the Department of Education in the county of Shahriar in the
province of Tehran, instructing the directors of schools in his jurisdiction to
subtly and in a confidential manner collect information on
Baha’i students.
(30) The Baha’i
community continues to undergo intense economic and social pressure, including
an ongoing campaign in the town of Semnan, where the Government of Iran has
harassed and detained Baha’is, closed 17 Baha’i owned businesses in the last
three years, and imprisoned several members of the community, including three
mothers along with their infants.
(31) Ordinary Iranian
citizens who belong to the Baha’i faith are disproportionately targeted,
interrogated, and detained under the pretext of national security.
(32) The Government of
Iran is party to the International Covenants on Human Rights and is in
violation of its obligations under the Covenants.
(b)
Statement of
policy
Congress—
(1) condemns the
Government of Iran for its state-sponsored persecution of its Baha’i minority
and its continued violation of the International Covenants on Human
Rights;
(2) calls on the
Government of Iran to immediately release the seven imprisoned leaders, the ten
imprisoned educators, and all other prisoners held solely on account of their
religion; and
(3) calls on the
President and Secretary of State, in cooperation with responsible nations, to
immediately condemn the Government of Iran’s continued violation of human
rights and demand the immediate release of prisoners held solely on account of
their religion.
E
Reports and other
matters
1241.
Report on posture
and readiness of United States Armed Forces to respond to future terrorist
attacks in Africa and the Middle East
(a)
Sense of
Congress
It is 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 in
order to help stabilize the country, build capacity within the security forces,
and pursue terrorist groups that threaten the local government as well as
United States interests;
(2) the attack also
highlighted the limitations of the United States military to alert, deploy, and
decisively counter a no-notice terrorist attack such as the one in Benghazi, or
another security contingency, due to the limitations stemming from United
States military posture in Africa and the Middle East and when there is a lack
of a layered defense at United States diplomatic facilities;
(3) the United States
military is more effectively able to respond to terrorist attacks on United
States facilities outside of the United States if the responding United States
military assets are forward deployed;
(4) when an
intelligence threat assessment determines that a United States facility
overseas is vulnerable to attack, such facility should have robust force
protection measures sufficient to safeguard personnel and assets until a United
States military response can arrive;
(5) the continually
evolving terrorist threat to United States interests on the Continent of Africa
and the Middle East necessitates that the United States military maintains a
forward deployed posture in Europe, Middle East, and Africa in order to be able
to respond to terrorist events, or other security contingencies, and to
effectively evacuate and recover United States personnel;
(6) the United States military, in conjunction
with the Department of State and the intelligence community, should continue to
evaluate the assumptions underpinning the terrorist threat in order to ensure
that it is effectively able to respond globally to future terrorist
attacks;
(7) the United States
military should regularly re-evaluate 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, and all United States military
crisis response elements should be fully equipped with the required supporting
capabilities to conduct their missions;
(8) on April 16, 2013,
Chairman of the Joint Chiefs of Staff, General Martin Dempsey, testified before
the House Appropriations Committee that the military is, * * * adapting
our force posture to a new normal of combustible violence in North Africa and
in the Middle East;
(9) The President
stated in a press conference on May 16, 2013, I have directed the
Defense Department to ensure that our military can respond lightening quick in
times of crisis.;
(10) the Chairman of
the Joint Chiefs should continue to evaluate the posture of United States
forces to respond to the global terrorist threat, including an evaluation of
whether United States Africa Command should have forces and necessary equipment
permanently assigned to the command to respond more promptly to this new
normal; and
(11) although the
Department of State-initiated Accountability Review Board found that the Marine
Security Guard program should be expanded and that there should be greater
coordination between the Department of Defense and the Department of State to
identify additional resources for security at high risk posts, the United
States military may be challenged to provide additional security to Department
of State facilities due to budget shortfalls, on-going force structure
constraints, and increasing operational requirements for the Department of
Defense.
(b)
Report
required
(1)
In
general
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense, in consultation with the Chairman of the
Joint Chiefs of Staff, shall submit to the appropriate congressional committees
a report on the posture and readiness of United States Armed Forces to respond
to future terrorist attacks in Africa and the Middle East.
(2)
Matters to be
included
The plan required under paragraph (1) shall include, at
a minimum, the following:
(A) An assessment of
terrorist groups and other non-state groups that threaten United States
interests and facilities in Africa, including a description of the key
assumptions underpinning such assessment.
(B) A description of
the readiness, posture, and alert status of relevant United States Armed Forces
in Europe, the Middle East, Africa, and the United States and any changes
implemented or planned to be implemented since the terrorist attack in
Benghazi, Libya on September 11, 2012, to respond to the new
normal and President Obama’s directive for the military to respond
lightening quick in times of crisis.
(C) In consultation
with the Secretary of State, a description of new or modified requirements of
the Department of State, if any, for—
(i) United States
Marine Security Guard Detachments;
(ii) any
other Department of Defense assets to provide enhanced security at Department
of State facilities;
(iii) an
explanation of how any new requirements for Marine Security Detachments or
other Department of Defense assets affect the capacity of the Armed Forces,
including specifically the capacity of the Marine Corps, to fulfill Department
of Defense operational requirements; and
(iv) an explanation of how any unfulfilled
requirements for Marine Security Detachments would adversely impact security at
Department of State facilities.
(3)
Definition
In
this subsection, the term appropriate congressional committees
means—
(A) the Committee on
Armed Services and the Committee on Foreign Relations of the Senate; and
(B) the Committee on
Armed Services and the Committee on Foreign Affairs of the House of
Representatives.
1242.
Role of the
Government of Egypt to United States national security
(a)
Sense of
Congress
It is the sense of Congress that—
(1) Egypt is undergoing a significant political
transition and the ultimate outcome of this political process and its
implications for United States national security interests remain
uncertain;
(2) the United States
continues to have considerable concerns about the intentions and actions of the
Egyptian Muslim Brotherhood and whether the government of President Morsi is
committed to a pluralistic, democratic Egypt;
(3) the United States
has a stake in Egypt becoming a mature, pluralistic democracy in which the
rights of Egyptian citizens, including women and minorities, are
protected;
(4) the United States
should continue to closely monitor President Morsi’s support for the peace
treaty with the Government of Israel, which has been a stabilizing force in the
region for over 30 years;
(5) the United States
military relationship with the Egyptian military is long-standing and should
remain a key pillar to, and component of, United States engagement with
Egypt;
(6) the close
military-to-military relationship between the United States and Egypt has been
a critical component in enabling counterterrorism cooperation between the two
governments to ensure the United States military has freedom of movement
throughout the region in order to deter aggression and respond to threats to
United States national security interests, particularly in light of the
security situation in Libya and the Sinai;
(7) 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 their goals for
a representative and democratic political system, while promoting peace and
security in the region; and
(8) therefore, with
appropriate vetting, United States 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.
(b)
Plan
required
(1)
In
general
Not later than 180
days after the date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the appropriate
congressional committees a report that contains a comprehensive plan for United
States military assistance and cooperation with Egypt.
(2)
Matters to be
included
The plan required under paragraph (1) shall include, at
a minimum, a detailed description of the following:
(A) How United States
security assistance and cooperation enables—
(i) freedom of
movement for the United States military throughout the region; and
(ii) the
Government of Egypt to disrupt, dismantle, and defeat al Qaeda, affiliated
groups, and other terrorist organizations, whether based in and operating from
Egyptian territory or the region.
(B) The capacity of
the Government of Egypt to prevent the illicit movement of terrorists,
criminals, weapons, and other dangerous material across Egypt’s borders or
administrative boundaries, including through tunnels and other illicit points
of entry into Gaza.
(C) The extent to
which the Egyptian military is—
(i) supporting the protection of the political,
economic, and religious freedoms and human rights of all citizens and residents
in Egypt, including those involved in Egyptian civil society and democratic
promotion efforts through nongovernmental organizations;
(ii) supporting
credible and legitimate elections in Egypt;
(iii) supporting the
Egypt-Israel Peace Treaty;
(iv) taking effective
steps to eliminate smuggling networks and to detect and destroy tunnels between
Egypt and Gaza; and
(v) supporting action
to combat terrorism in the Sinai.
(D) A description of the strategic objectives
of the United States regarding the provision of United States security
assistance to the Government of Egypt.
(E) A description of
biennial outlays of United States security assistance to the Government of
Egypt for the purposes of strategic planning, training, provision of equipment,
and construction of facilities, including funding streams.
(F) A description of
vetting and end-user monitoring systems in place by both Egypt and the United
States for defense articles and training provided by the United States,
including human rights vetting.
(G) A description of
actions that the Government of Egypt is taking to—
(i) repudiate, combat,
and stop incitement to violence against the United States and United States
citizens and prohibit the transmission within its domains of satellite
television or radio channels that broadcast such incitement; and
(ii) adopt and
implement legal reforms that protect the religious and democratic freedoms of
all citizens and residents of Egypt.
(H) Recommendations,
including with respect to required resources and actions, to maximize the
effectiveness of United States security assistance provided to Egypt.
(3)
Appropriate
congressional committees defined
In this subsection, the term
appropriate congressional committees means—
(A) the congressional
defense committees; and
(B) the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives.
(c)
GAO
report
Not later than 120
days after the date of the submission of the report required under subsection
(b), the Comptroller General of the United States shall submit to the
appropriate congressional committees a report that—
(1) reviews and
comments on the report required under subsection (b); and
(2) provides
recommendations regarding additional actions with respect to the provision of
United States security assistance to Egypt, if necessary.
1243.
Sense of
Congress on the military developments on the Korean peninsula
(a)
Findings
Congress
finds the following:
(1) The Democratic
People’s Republic of Korea (North Korea) has escalated regional
tensions with hostile rhetoric and provocative actions.
(2) North Korea
threatened a nuclear attack on the United States and a resumption of open war
against the Republic of Korea (South Korea).
(3) North Korea’s
nuclear weapons and ballistic missile programs constitute a threat to the
national security of the United States and to regional stability.
(4) On April 14, 2009,
North Korea halted negotiations regarding its nuclear weapons program when it
abandoned the Six-Party Talks with the People’s Republic of China
(China), Japan, the Russian Federation (Russia),
South Korea, and the United States.
(5) On May 25, 2009, North Korea detonated a
nuclear device in an underground explosive test.
(6) On March 26, 2010,
North Korea sank a South Korean naval vessel, the Cheonan, killing 46 South
Korean sailors.
(7) On November 23,
2010, North Korea shelled the border island of Yeonpyeong-do, killing four
people. This was the first direct artillery attack on South Korean territory
since the signing of the 1953 armistice.
(8) On April 13, 2012,
North Korea conducted a rocket launch that failed to send a satellite into
orbit. This launch violated United Nations Security Council (UNSC) Resolutions
1718 and 1874.
(9) On December 12,
2012, North Korea used banned long-range missile technology to launch an earth
observation satellite into orbit. In response, the UNSC unanimously adopted
Resolution 2087, condemning the launch.
(10) On February 12,
2013, North Korea conducted a third underground nuclear test in violation of
UNSC Resolution 1718, 1874, and 2087. The test also contravened North Korea’s
commitments under the September 2005 Joint Statement of the Six-Party
Talks.
(11) On March 7, 2013,
the UNSC unanimously adopted Resolution 2094, condemning North Korea’s third
nuclear test and imposed additional sanctions against the regime.
(12) On March 28,
2013, North Korea unilaterally nullified the armistice agreement with the
United States that suspended military conflict on the Korean peninsula.
(13) On March 30,
2013, North Korea declared a state of war with South Korea.
(14) On April 4, 2013,
North Korea placed two intermediate-range Musudan missiles on mobile launchers
and temporarily relocated them to the eastern coast of the Korean peninsula
before removing them a month later from the launch sites.
(b)
Sense of
congress
It is 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 of nuclear weapons;
(2) the United States
remains committed to defending its allies in the Asia-Pacific region and
stability in Northeast Asia requires restraint by all parties from activities
that would complicate international relations or escalate international
tensions, and international disputes should be mitigated in a constructive
manner consistent with established principles of international law;
(3) Congress
supports—
(A) the verifiable
denuclearization of the Korean Peninsula in a peaceful manner,
(B) North Korea’s
abandonment of its nuclear programs and return to the Treaty on the
Nonproliferation of Nuclear Weapons and to International Atomic Energy Agency
safeguards; and
(C) North Korea’s full
acceptance of and compliance with the terms of the 1953 Armistice
Agreement;
(4) the United States
has national interests in security and stability in the Asia-Pacific region,
the implementation of the United States-Korea Free Trade Agreement, nuclear
non-proliferation efforts, the promotion of respect for the fundamental human
rights of the North Korean people, international cyber-security cooperation,
and full implementation of United States and multilateral sanctions against
illicit activities;
(5) the United States
encourages China and Russia to fully implement and enforce United States and
United Nations Security Council sanctions against North Korea; and
(6) the President, the
Secretary of State, and the Secretary of Defense should keep Congress fully
informed on security developments on the Korean Peninsula.
1244.
Statement of
Congress on defense cooperation with Georgia
(a)
Findings
Congress finds the following:
(1) The Republic of
Georgia is a highly valued ally of the United States and has repeatedly
demonstrated its commitment to advancing the mutual interests of both
countries, including the deployment of Georgian forces as part of the NATO-led
International Security Assistance Force in Afghanistan and the Multi-National
Force in Iraq.
(2) The peaceful
transfer of power as the result of the free and fair parliamentary elections in
Georgia in October 2012 represents a major accomplishment toward the Georgian
people’s creation of a free society and full democracy.
(3) However, since the
October 2012 parliamentary elections the new Georgian Government has taken a
series of measures against former officials and members of the current
political opposition that appear to be motivated by political
considerations.
(4) Over 100 former
Georgian Government officials have been charged with criminal violations since
the October 2012 parliamentary elections.
(5) Similar charges
have been filed against members of the political opposition, including Vano
Merabishvili, the Secretary General of the United National Movement.
(6) The arrest of the
leader of an opposition party is especially troubling, particularly its
chilling effect on political freedom prior to the presidential election
scheduled for October 2013.
(7) The Georgian
Government has taken insufficient action to prevent further violence against
members of the United National Movement and to punish offenders.
(8) These actions call
into question the Georgian Government’s continued progress toward the creation
of a free and democratic society in which basic freedoms, including freedom for
political opposition, are guaranteed.
(b)
Statement of
Congress
Congress declares that—
(1) the United States
remains committed to assisting the people of Georgia in establishing a free and
democratic society in their country;
(2) the measures taken
by the Georgian Government against former officials and political opponents,
apparently in part motivated by political considerations, may have a
significant negative impact on cooperation between the United States and
Georgia, including efforts to build a stronger relationship in political,
economic, and security matters, as well as progress on integrating Georgia into
international organizations;
(3) the United States
must be unambiguous when democratic backsliding occurs in a key ally after a
peaceful and democratic transfer of power between political parties; and
(4) the people of the
United States and the Members of Congress express their deepest condolences to
the Georgian people on the tragic loss of seven soldiers of Georgia in a
suicide bombing on June 6, 2013, and the deaths of three soldiers killed in
another suicide bombing on May 13, 2013, while they were supporting United
States and NATO forces in Afghanistan.
1245.
Limitation on
establishment of Regional Special Operations Forces Coordination
Centers
(a)
Limitation
None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year 2014 for
the Department of Defense may be obligated or expended to plan, prepare,
establish, or implement any Regional Special Operations Forces
Coordination Center (RSCC) or similar regional coordination entities.
(b)
Exclusion
The limitation contained in subsection (a)
shall not apply with respect to any RSCC or similar regional coordination
entity authorized by statute, including the North Atlantic Treaty Organization
Special Operations Headquarters authorized under section 1244 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111–84; 123 Stat. 2541).
(c)
Report
Not
later than 180 days after the date of enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State, shall submit to the
congressional committees specified in subsection (d) a report on the
following:
(1) A
detailed description of the intent and purpose of the RSCC concept.
(2) Defined and
validated requirements justifying the establishment of RSCCs or similar
entities within each geographic combatant command, to include how such centers
have been coordinated and de-conflicted with existing regional and multilateral
frameworks or approaches.
(3) An explanation of
why existing regional centers and multilateral frameworks cannot satisfy the
requirements and needs of the Department of Defense and geographic combatant
commands.
(4) Cost estimates
across the Future Years Defense Program for such centers, to include estimates
of contributions of nations participating in such centers.
(5) Any other matters
that the Secretary of Defense or Secretary of State determines
appropriate.
(d)
Specified
congressional committees
The
congressional committees referred to in subsection (c) are—
(1) the congressional
defense committees; and
(2) the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives.
1246.
Additional reports
on military and security developments involving the Democratic People’s
Republic of Korea
(a)
Report
Subsection (a) of section 1236 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1641), as amended by section 1292 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 2042), is further amended by striking
November 1, 2012, and November 1, 2013, and inserting
November 1, 2013, November 1, 2015, and November 1,
2017,.
(b)
Update
Section 1236 of the National Defense
Authorization Act for Fiscal Year 2012 is amended—
(1) by redesignating
subsection (c) as subsection (d); and
(2) by inserting after
subsection (b) the following new subsection:
(c)
Update
The Secretary of Defense shall revise or
supplement the most recent report submitted pursuant to subsection (a) if, in
the Secretary’s estimation, interim events or developments occurring in a
period between reports required under subsection (a) warrant revision or
supplement.
.
1247.
Amendments to
annual report under Arms Control and Disarmament Act
(a)
Appropriate
congressional committees
Section 403 of the Arms Control and
Disarmament Act (22
U.S.C. 2593a) is amended—
(1) in subsection (a),
by striking the Speaker of the House of Representatives and to the
chairman of the Committee on Foreign Relations of the Senate and
inserting the appropriate congressional committees; and
(2) by adding at the
end the following new subsection:
(e)
Appropriate
congressional committees defined
In this section, the term appropriate
congressional committees means—
(1) the Committee on
Foreign Relations, the Committee on Armed Services, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on
Foreign Affairs, the Committee on Armed Services, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
.
(b)
Congressional
briefing
Section 403 of the
Arms Control and Disarmament Act (22 U.S.C. 2593a), as amended by
subsection (a) of this section, is further amended—
(1) by redesignating
subsection (e) as subsection (f); and
(2) by inserting after
subsection (d) the following new subsection:
(e)
Congressional
briefing
Not later than May
15 of each year, the President shall provide to such committees a briefing on
such
report.
.
1248.
Limitation on
funds to provide the Russian Federation with access to certain missile defense
technology
None of the funds
authorized to be appropriated or otherwise made available for each of the
fiscal years 2014 through 2018 for the Department of Defense may be used to
provide the Russian Federation with access to information regarding—
(1) missile defense technology of the United
States relating to hit-to-kill technology; or
(2) telemetry data
with respect to missile defense interceptors or target vehicles.
1249.
Reports on
actions to reduce support of ballistic missile programs of China, Syria, Iran,
and North Korea
(a)
Disclosure of
and report on Russian support of ballistic missile programs of China, Syria,
Iran, and North Korea
(1)
In
general
The President shall seek to encourage the Government of
the Russian Federation to disclose any support by the Russian Federation or
Russian entities for the ballistic missile programs of the People’s Republic of
China, Syria, Iran, or North Korea.
(2)
Report
required
The President shall
submit to the congressional defense committees a semi-annual report on any
disclosure by the Government of the Russian Federation of any such support
during the preceding six-month period.
(3)
Initial
report
The initial report required by paragraph (2) shall be
submitted not later than 180 days after the date of the enactment of this Act
and in addition to addressing any such support during the preceding six-month
period shall also address any such support during the 10-year period ending on
the date of the enactment of this Act.
(b)
Cooperation of
Russia and China to reduce technology and expertise that supports the ballistic
missile programs of Syria, Iran, North Korea, and other countries
(1)
In
general
The Secretary of
State, in coordination with the Secretary of Defense, shall develop a plan to
seek and secure the cooperation of the Russian Federation and the People’s
Republic of China to verifiably reduce the spread of technology and expertise
that supports the ballistic missile programs of the Syria, Iran, North Korea,
or any other country that the Secretary of State determines has a ballistic
missile program.
(2)
Report and
briefings required
The Secretary of State, in coordination with
the Secretary of Defense and the Director of National Intelligence, shall
submit to the appropriate congressional committees not later than 180 days
after the date of the enactment of this Act a report describing the plan
required in paragraph (1) and provide briefings to such committees annually
thereafter until 2018 on the progress and results of these efforts.
(3)
Definition
In this subsection, the term
appropriate congressional committees means—
(A) the congressional
defense committees;
(B) the Permanent
Select Committee on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate; and
(C) the Committee on
Foreign Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate.
(c)
Form
Each report required by this section shall
be submitted in unclassified form, but may contain a classified annex, if
necessary.
1250.
Congressional
notifications relating to status of forces agreements
(a)
In
general
With respect to an
agreement on the status of forces between the United States and a foreign
country, the Secretary of Defense, in consultation with the Secretary of State,
shall notify the appropriate congressional committees not later than 15 days
after the date on which the agreement is signed, renewed, amended or otherwise
revised, or terminated.
(b)
Briefings
required
Not later than February 1 of each calendar year, the
Secretary of Defense, in consultation with the Secretary of State, shall
provide a briefing to the appropriate congressional committees on the
following:
(1) Status of forces agreements that the United
States will seek to enter into in such calendar year.
(2) Status of forces
agreements that have expired and which the United States will seek to renew in
such calendar year.
(3) Amendments to
status of forces agreements that the Secretary of Defense determines to be
substantial and are likely to be negotiated in such calendar year.
(c)
Appropriate
congressional committees
In this section, the term
appropriate congressional committees means—
(1) the congressional
defense committees; and
(2) the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives.
(d)
Effective
date
This section shall take effect on the date of the enactment
of this Act and shall apply with respect to an agreement described in
subsection (a) that is signed on or after the date of the enactment of this
Act.
1251.
Sense of Congress
on the conflict in Syria
(a)
Findings
Congress finds the following:
(1) The conflict in
Syria began in March 2011.
(2) As of February
2013, the United Nations High Commissioner for Human Rights estimated that
approximately 70,000 Syrians have been killed during the conflict.
(3) According to the
United Nations High Commissioner for Refugees, over 1,200,000 Syrians are
registered refugees or persons of concern including, over 66,000 in Egypt, over
145,000 in Iraq, over 461,000 in Jordan, over 462,000 in Lebanon, and over
329,000 in Turkey.
(4) Jabhat al-Nusra, a
group located in Syria and categorized as an affiliate of al-Qaeda by the
intelligence community, presents a direct threat to the interests of the United
States and could present a direct threat to the United States.
(5) On August 19,
2011, President Obama stated: The future of Syria must be determined by
its people, but President Bashar al-Assad is standing in their way. We have
consistently said that President Assad must lead a democratic transition or get
out of the way. He has not led. For the sake of the Syrian people, the time has
come for President Assad to step aside..
(6) The United States
is deploying 200 military personnel from the headquarters of the 1st Armored
Division to Jordan in order to improve readiness and prepare for a
number of scenarios.
(7) In a letter from
Miguel Rodriguez, the Assistant to the President for Legislative Affairs, to
Senators McCain and Levin, dated April 25, 2013, it stated that our
intelligence community does assess with varying degrees of confidence that the
Syrian regime has used chemical weapons on a small scale in Syria,
specifically, the chemical agent sarin * * * We do believe that any use of
chemical weapons in Syria would very likely have originated with the Assad
regime * * * the President has made it clear that the use of chemical
weapons—or the transfer of chemical weapons to terrorist groups—is a red line
for the United States of America.
(8) In a press
conference with Israel Prime Minister, Benjamin Netanyahu, President Obama
stated: I have made clear that the use of chemical weapons is a
game-changer.
(9) In August 2012,
during a White House press conference, President Obama stated: We have
been very clear to the Assad regime, but also to other players on the ground,
that a redline for us is we start seeing a whole bunch of chemical weapons
moving around or being utilized..
(10) It is a threat to
the vital national security interest of the United States if terrorist groups,
such as al-Qaeda, obtain chemical or biological material or weapons in
Syria.
(11) At a Pentagon
press conference on May 2, 2013, Secretary Hagel confirmed that the Obama
Administration is re-thinking its opposition to arming the rebels.
(12) On April 11,
2013, responding to a question about the need for a supplemental funding
request for any potential United States military effort in Syria, Secretary
Hagel stated: Yes, I think it is pretty clear that a supplemental would
be required..
(b)
Sense of
congress
It is the sense of Congress that—
(1) President Obama should have a comprehensive
policy and should ensure robust contingency planning to secure United States’
interests in Syria;
(2) President Obama
should fully consider all courses of action to remove President Bashar al-Assad
from power;
(3) 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 sufficiently weighed by the
President when considering policy approaches towards the conflict in
Syria;
(4) the sale or transfer of advanced
anti-aircraft weapons systems to Syria poses a grave risk to Israel and the
United States supports Israel’s right to respond to this grave threat as
needed;
(5) the President
should fully consider all courses of action to reinforce his stated
redline regarding the use of weapons of mass destruction by the
Assad regime in Syria, which could threaten the credibility of the United
States with its allies in the region and embolden the Assad regime;
(6) the United States
should continue to conduct rigorous planning and operational preparation to
support any efforts to secure the chemical and biological stockpiles and
associated weapons;
(7) the United States
should have a policy that supports the stability of countries on Syria’s
border, including Jordan, Turkey, Iraq, Lebanon, and Israel;
(8) the United States
should continue to support Syrian opposition forces with non-lethal aid;
(9) the President, the
Department of Defense, the Department of State, and the intelligence community,
in cooperation with European and regional allies, should ensure that the risks
of all courses of action or inaction regarding Syria are fully explored and
understood and that Congress is kept fully informed of such risks;
(10) the President
should fully consider, and the Department of Defense should conduct prudent
planning for, the provision of lethal aid and relevant operational training to
vetted Syrian opposition forces, including an analysis of the risks of the
provision of such aid and training;
(11) should the
President decide to employ any military assets in Syria, the President should
provide a supplemental budget request to Congress; and
(12) the President should use all diplomatic
means to disrupt the flow of arms into Syria, including efforts to dissuade
Russia from further arms sales with Syria, the influx of weapons and fighters
from Hezbollah, and the infiltration of weapons and fighters from Iran.
1252.
Revision of
statutory references to former NATO support organizations and related NATO
agreements
(a)
Title 10, united
states code
Section 2350d of title 10, United
States Code, is amended—
(1) by striking
NATO Maintenance and Supply Organization each place it appears
and inserting NATO Support Organization and its executive
agencies;
(2) in subsection
(a)(1)—
(A) by striking
Weapon System Partnership Agreements and inserting
Support Partnership Agreements; and
(B) in subparagraph (B), by striking a
specific weapon system and inserting activities;
and
(3) in subsections (b), (c), (d), and (e), by
striking Weapon System Partnership Agreement each place it
appears and inserting Support Partnership Agreement.
(b)
Arms export
control act
Section 21(e)(3) of the Arms Export Control Act
(22 U.S.C.
2761(e)(3)) is amended—
(1) in subparagraphs (A) and (C)(i), by
striking Maintenance and Supply Agency of the North Atlantic Treaty
Organization and inserting North Atlantic Treaty Organization
(NATO) Support Organization and its executive agencies;
(2) in subparagraph (A)(i), by striking
weapon system partnership agreement and inserting support
partnership agreement; and
(3) in subparagraph (C)(i)(II), by striking
a specific weapon system and inserting
activities.
1253.
Limitation on
funds to implement executive agreements relating to United States missile
defense capabilities
(a)
Statement of
policy
Congress reaffirms, with respect to executive agreements
relating to the missile defense capabilities of the United States, including
basing, locations, capabilities and numbers of missiles with respect to such
missile defense capabilities, that section 303(b) of the Arms Control and
Disarmament Act (22
U.S.C. 2573(b)) provides the following: No action shall
be taken pursuant to this or any other Act that would obligate the United
States to reduce or limit the Armed Forces or armaments of the United States in
a militarily significant manner, except pursuant to the treaty-making power of
the President set forth in Article II, Section 2, Clause 2 of the Constitution
or unless authorized by the enactment of further affirmative legislation by the
Congress of the United States..
(b)
Limitation on
funds
None of the funds authorized to be appropriated or
otherwise made available for fiscal year 2014 or any fiscal year thereafter for
the Department of Defense may be used—
(1) to implement any
executive agreement relating to the missile defense capabilities of the United
States, including basing, locations, capabilities, and numbers of missiles with
respect to such missile defense capabilities; or
(2) to implement rules
of engagement or Guidance for Employment of Force relating to such executive
agreement.
(c)
Rule of
construction
Subsection (b) shall not apply with respect to the
use of funds to negotiate or implement any executive agreement with a country
with respect to which the United States has entered into a treaty of alliance
or has a security guarantee.
(d)
Executive
agreement defined
In this section, the term executive
agreement means an international agreement other than—
(1) an agreement that
is in the form of a treaty under article II, section 2, clause 2 of the
Constitution of the United States; or
(2) an agreement that
requires implementing legislation to be enacted into law for the agreement to
enter into force with respect to the United States.
1254.
Limitation on
availability of funds for Threat Reduction Engagement activities and United
States contributions to the Comprehensive Nuclear-Test-Ban Treaty
Organization
(a)
In
general
None of the funds
made available for fiscal year 2014 for Threat Reduction Engagement activities
may be obligated or expended for such purposes until the President certifies to
Congress that no state party to the Comprehensive Nuclear-Test-Ban Treaty has
undertaken nuclear weapons test activities in fiscal year 2013 that are
inconsistent with United States interpretations regarding obligations under
such Treaty.
(b)
Lobbying or
advocacy activities
None of
the funds made available for fiscal year 2014 for contributions of the United
States to the CTBTO entities may be used for lobbying or advocacy in the United
States relating to the Comprehensive Nuclear-Test-Ban Treaty.
(c)
CTBTO
entities
In subsection (b), the term CTBTO
entities means—
(1) the Comprehensive Nuclear-Test-Ban Treaty
Organization International Monitoring System; and
(2) the Comprehensive Nuclear-Test-Ban Treaty
Organization Preparatory Commission-Special Contributions.
1255.
Sense of
Congress on military-to-military cooperation between the United States and
Burma
It is the sense of the
Congress that—
(1) as the United
States policy rebalances towards Asia, it is critical that the United States
military comprehensively evaluate its engagement with Burma;
(2) the future of the
military-to-military relationship between the United States and Burma should
take into account the current ethnic conflict in Burma and persecution of
ethnic and religious minorities;
(3) while the United
States has national security interests in Burma’s peace and stability, the
peaceful settlement of armed conflicts with the ethnic minority groups requires
the Burmese military to respect ceasefire agreements, laws of war, and human
rights provisions; and
(4) the Department of
Defense should fully consider and assess the Burmese military’s efforts to
implement reforms, end impunity for human rights abuses, and increase
transparency and accountability before expanding military-to-military
cooperation beyond initial dialogue and isolated engagements.
1256.
Sense of
Congress on the stationing of United States forces in Europe
(a)
Findings
Congress finds the following:
(1) During the past several years, over 700
kinetic terror incidents have occurred in the U.S. European Command (EUCOM)
area of operations. Rising tensions in the region due to unemployment, fiscal
insolvency, ethnic strife, hegemonic desires, and terrorism, pose risks to the
security and stability of Europe.
(2) Arab Spring
uprisings in Middle Eastern and North African countries, including the Republic
of Mali, the Arab Republic of Egypt, Libya, and the Syrian Arab Republic
(Syria), have presented emerging strategic challenges that present significant
implications for regional stability, the security of the State of Israel
(Israel), and the national security interests of the United States and many
European allies.
(3) U.S. Africa
Command does not have formally assigned Army or Marine Corps units assigned to
it and it continues to share Air Force and Navy component commands with EUCOM.
Consequently, United States forces stationed in Europe have been deployed to
support contingencies associated with the Arab Spring in North Africa.
(4) The Commander of
U.S. European Command is responsible for developing operational plans for the
defense of Israel. Moreover, forces stationed in Europe would be deployed to
defend Israel in the event of such a contingency.
(5) Regimes, including
the Islamic Republic of Iran and Syria, continue efforts to procure, develop,
and proliferate advanced ballistic missile technologies that pose a serious
threat to United States forces and installations in the theater, as well as to
the territory, populations, and forces of Israel and European allies. United
States missile defense capabilities in Europe seek to mitigate these
threats.
(6) Violent extremist
organizations, including Kongra-Gel, al Qaida, Lebanese Hizballah, and Iranian
Qods Force, may utilize Europe as an important venue for recruitment,
logistical support, financing, and the targeting of the United States and
Western interests.
(7) Congress has
lacked sufficient data to compare the strategic benefits and the costs
associated with permanently stationing forces in Europe. The Government
Accountability Office (GAO) has found that the combatant commands do not
completely and consistently report cost data in their theater posture plans. In
particular, GAO reported in February 2011 that EUCOM lacks comprehensive cost
data in its theater posture plans and therefore decision makers lack critical
information that could be used to make fully informed posture decisions.
Additionally, in June 2012, GAO found that the Department of Defense has taken
steps to align posture initiatives with strategy and cost, but continues to
lack comprehensive and consistent cost estimates of initiatives.
(8) The Department of
Defense has reported that the cost of permanently stationing forces in the
United States rather than overseas is often offset by such factors as increased
rotational costs.
(b)
Sense of
Congress
It is the sense of Congress that—
(1) an enduring United
States presence and engagement across Europe and Eurasia provides the critical
access and infrastructure necessary to accomplish United States strategic
priorities, expand United States global reach to Europe, Eurasia, the Middle
East, Africa, as well as the Mediterranean and Atlantic Oceans, and facilitates
a rapid United States response for complex contingencies;
(2) the United States
continues to have an interest in supporting the stability and security of
Europe, especially in a dynamic and challenging global security
environment;
(3) forward-stationed
active duty service members, forward-deployed rotational units, and reserve
forces assigned to U.S. European Command remain essential for United States
planning, logistics, and operations in support of U.S. Central Command, U.S.
Africa Command, U.S. Transportation Command, U.S. Special Operations Command,
and U.S. Strategic Command, as well as fulfilling commitments under Article V
of the North Atlantic Charter;
(4) in light of the
benefits associated with defense of the homeland forward and strategic access,
as well as the potential for rotational deployments to increase cost to the
Department of Defense, the Department of Defense should implement the
recommendations of the Government Accountability Office with regard to improved
cost estimation to enable informed force posture decisions prior to making any
further significant changes to the United States force posture in Europe that
could increase risk for the United States; and
(5) the Secretary of
Defense should keep Congress fully and currently informed regarding the
requirements of the United States force posture in Europe and the costs
associated with maintaining such force.
1257.
Sense of
Congress on military capabilities of the People’s Republic of
China
Congress—
(1) notes the People’s
Republic of China (PRC) continues to rapidly modernize and expand its military
capabilities across the land, sea, air, space, and cyberspace domains;
(2) is concerned by
the rate and scope of PRC military developments, including its military-focused
cyber espionage, which indicate a desire to constrain or prevent the peaceful
activities of the United States and its allies in the Western Pacific;
(3) concurs with
Admiral Samuel Locklear, commander of U.S. Pacific Command, that China’s
rapid development of advanced military capabilities, combined with its unclear
intentions, certainly raises strategic and security concerns for the U.S. and
the region;
(4) notes the United
States remains committed to a robust forward military-presence in the
Asia-Pacific and will continue to vigorously support mutual defense
arrangements with treaty allies while also building deeper relationships with
other strategic partners in the region; and
(5) urges the
Government of the PRC to work peacefully to resolve existing territorial
disputes and to adopt a maritime code of conduct with relevant parties to guide
all forms of maritime interaction and communications in the
Asia-Pacific.
1258.
Rule of
construction
Nothing in this
Act shall be construed as authorizing the use of force against Syria or Iran.
1259.
Sense of
Congress regarding relations with Taiwan
It is the sense of Congress that the United
States should—
(1) allow all high-level officials of Taiwan to
enter into the United States or its embassies and consulates under conditions
which demonstrate appropriate respect for the dignity of such leaders;
(2) allow meetings between all high-level
Taiwan and United States officials in United States executive
departments;
(3) allow the Taipei Economic and Cultural
Representative Office and all other instrumentalities established in the United
States by Taiwan to conduct business activities, including activities which
involve participation by Members of Congress and other representatives of
Federal, State, and local governments, and all high-level Taiwan officials,
without obstruction from the United States Government or any foreign power;
and
(4) adopt a policy of allowing high-ranking
Taiwan leaders to make official visits with high-ranking officials of the
United States, including official visits by Taiwan’s democratically elected
president, and allowing for visits between these officials in Washington,
D.C.
1260.
Sense of
Congress on the threat posed by Hezbollah
(a)
Findings
Congress finds the following:
(1) Hezbollah has been designated a foreign
terrorist organization by the Department of State since October 8, 1997.
(2) Hezbollah has been
responsible for numerous terrorist attacks and attempted terrorist attacks
around the world, including attacks against United States citizens.
(3) Hezbollah is
active in Europe and has been linked to a July 18, 2012, suicide bombing in
Bulgaria which killed five people.
(4) Hezbollah
operatives have been captured around the world attacking or attempting to
attack Western and Israeli targets.
(5) The United States
is working with its European allies to combat terrorism through a variety of
means, including through NATO’s Partnership Action Plan against Terrorism and
the Defence Against Terrorism Programme of Work.
(b)
Sense of
Congress
It is the sense of Congress that—
(1) the United States
should continue to use all necessary means to fight against terrorism,
including Hezbollah;
(2) President Obama
should strongly encourage his European counterparts to publicly condemn
Hezbollah;
(3) European allies
should seek to 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 radical terrorist organizations like
Hezbollah.
1261.
Combating
crime through intelligence capabilities
The Secretary of Defense is authorized to
deploy assets, personnel, and resources to the Joint Interagency Task Force
South, in coordination with SOUTHCOM, to combat the following by supplying
sufficient intelligence capabilities:
(1) Transnational
criminal organizations.
(2) Drug
trafficking.
(3) Bulk shipments of
narcotics or currency.
(4) Narco-terrorism.
(5) Human
trafficking.
(6) The Iranian presence in the Western
Hemisphere.
1262.
Limitation on
availability of funds to implement the Arms Trade Treaty
None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year 2014 or
any fiscal year thereafter for the Department of Defense may be obligated or
expended to implement the Arms Trade Treaty, or to make any change to existing
programs, projects, or activities as approved by Congress in furtherance of,
pursuant to, or otherwise to implement the Arms Trade Treaty, unless the Arms
Trade Treaty has been signed by the President, received the advice and consent
of the Senate, and has been the subject of implementing legislation by the
Congress.
1263.
War Powers of
Congress
(a)
Findings
Congress finds the following:
(1) In 1793, George Washington said, The
constitution vests the power of declaring war in Congress; therefore no
offensive expedition of importance can be undertaken until after they shall
have deliberated upon the subject and authorized such a
measure..
(2) In a letter to
Thomas Jefferson in 1798, James Madison wrote: The constitution
supposes, what the History of all Governments demonstrates, that the Executive
is the branch of power most interested in war, and most prone to it. It has
accordingly with studied care vested the question of war to the
Legislature.
(3) In 1973, Congress
passed the War Powers Resolution which states in section 2: The
constitutional powers of the President as Commander-in-Chief to introduce
United States Armed Forces into hostilities, or into situations where imminent
involvement in hostilities is clearly indicated by the circumstances, are
exercised only pursuant to (1) a declaration of war, (2) specific statutory
authorization, or (3) national emergency created by attack upon the United
States, its territories or possessions, or its armed forces..
(4) In its April 1,
2011, Memorandum to President Obama, the Office of Legal Counsel concluded:
President Obama could rely on his constitutional power to safeguard the
national interest by directing the anticipated military operations in
Libya—which were limited in their nature, scope, and duration—without prior
congressional authorization..
(5) On June 15, 2011,
in a letter to the Speaker of the House of Representatives from the Department
of Defense and Department of State, the Departments informed Congress that
The President is of the view that the current U.S. military operations
in Libya are consistent with the War Powers Resolution and do not under that
law require further congressional authorization, because U.S. military
operations are distinct from the kind of hostilities contemplated by the
Resolution’s 60 day termination provision..
(6) The precedence set
by the Executive Branch in its assertion that Congress plays no role in
military actions like those taken in Libya is contrary to the intent of the
Framers and of the Constitution which vests sole authority to declare war in
the Legislative Branch.
(b)
Rule of
construction
Nothing in this
Act shall be construed to authorize any use of military force.
1264.
Prohibition on use
of drones to kill United States citizens
(a)
Prohibition
The
Department of Defense may not use a drone to kill a citizen of the United
States.
(b)
Exception
The
prohibition under subsection (a) shall not apply to an individual who is
actively engaged in combat against the United States.
(c)
Definition
In this section, the term
drone means an unmanned aircraft (as defined in section 331 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)).
1265.
Sale of F–16
aircraft to Taiwan
The
President shall carry out the sale of no fewer than 66 F–16C/D multirole
fighter aircraft to Taiwan.
1266.
Statement of
policy and report on the inherent right of Israel to self-defense
(a)
Findings
Congress
makes the following findings:
(1) The United
States-Israel Enhanced Security Cooperation Act of 2012 (22 U.S.C. 8601 et
seq.) established the policy of the United States to support
the inherent right of Israel to self-defense.
(2) The United States-Israel Enhanced Security
Cooperation Act of 2012 (22 U.S.C. 8601 et seq.) expressed
the sense of Congress that the Government of the United States should transfer
to the Government of Israel defense articles and defense services such as air
refueling tankers, missile defense capabilities, and specialized
munitions.
(3) The inherent right of Israel to
self-defense necessarily includes the possession and maintenance by Israel of
an independent capability to remove existential threats to its security and
defend its vital national interests.
(b)
Policy of the
united states
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.
(c)
Sense of
congress
It is the sense of
Congress that air refueling tankers and advanced bunker-buster munitions should
immediately be transferred to Israel to ensure our democratic ally has an
independent capability to remove any existential threat posed by the Iranian
nuclear program and defend its vital national interests.
(d)
Report
Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter, the President shall
submit to the House and Senate Armed Services committees, the House Foreign
Affairs Committee, the Senate Foreign Relations Committee, and the House and
Senate Appropriations committees a report that—
(1) identifies all aerial refueling platforms,
bunker-buster munitions, and other capabilities and platforms that would
contribute significantly to the maintenance by Israel of a robust independent
capability to remove existential security threats, including nuclear and
ballistic missile facilities in Iran, and defend its vital national
interests;
(2) assesses the availability for sale or
transfer of items necessary to acquire the capabilities and platforms described
in paragraph (1) as well as the legal authorities available for making such
transfers; and
(3) describes the steps the President is taking
to immediately transfer the items described in paragraph (1) pursuant to the
policy described in subsection (b).
1267.
Report on
collective and national security implications of central Asian and South
Caucasus energy development
(a)
Findings
Congress
finds the following:
(1) Assured access to
stable energy supplies is an enduring concern of both the United States and the
North Atlantic Treaty Organization (NATO).
(2) Adopted in Lisbon
in November 2010, the new NATO Strategic Concept declares that [s]ome
NATO countries will become more dependent on foreign energy suppliers and in
some cases, on foreign energy supply and distribution networks for their energy
needs.
(3) The report
required by section 1233 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112–81) reaffirmed the
Strategic Concept’s assessment of growing energy dependence of some members of
the NATO alliance and also noted there is value in the assured access,
protection, and delivery of energy.
(4) Development of
energy resources and transit routes in the areas surrounding the Caspian Sea
can diversify sources of supply for members of the NATO alliance, particularly
those in Eastern Europe.
(b)
Report
(1)
Report
Not
later than 270 days after the date of the enactment of this Act, the Secretary
of Defense shall, in consultation with the Secretary of State and the Secretary
of Energy, submit to the appropriate congressional committees a detailed report
on the implications of new energy resource development and distribution
networks, both planned and under construction, in the areas surrounding the
Caspian Sea for energy security strategies of the United States and
NATO.
(2)
Elements
The
report required by paragraph (1) shall include the following:
(A) An assessment of
the dependence of NATO members on a single oil or natural gas supplier or
distribution network.
(B) An assessment of
the potential of energy resources of the areas surrounding the Caspian Sea to
mitigate such dependence on a single supplier or distribution network.
(C) Recommendations,
if any, for ways in which the United States can help support increased energy
security for NATO members.
(3)
Submission of
classified information
The report under this subsection shall be
submitted in unclassified form, but may contain a classified annex.
(c)
Appropriate
congressional committees defined
In this section, the term
appropriate congressional committees means—
(1) the Committee on
Armed Services and the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on
Armed Services and the Committee on Foreign Relations of the Senate.
1268.
Report on
military and security developments involving the Russian Federation
(a)
Report
Not later than June 1, 2014, and June 1 of
each year thereafter through 2017, the Secretary of Defense shall submit to the
specified congressional committees a report, in both classified and
unclassified form, on the current and future military power of the Russian
Federation (in this section referred to as Russia). The report
shall address the current and probable future course of military-technological
development of the Russian military, the tenets and probable development of
Russian security strategy and military strategy, and military organizations and
operational concepts, for the 20-year period following submission of such
report.
(b)
Matters to be
included
A report required
under
subsection (a) shall include the
following:
(1) An assessment of
the security situation in regions neighboring Russia.
(2) The goals and
factors shaping Russian security strategy and military strategy.
(3) Trends in Russian
security and military behavior that would be designed to achieve, or that are
consistent with, the goals described in
paragraph (2).
(4) An assessment of
Russia’s global and regional security objectives, including objectives that
would affect the North Atlantic Treaty Organization, the Middle East, and the
People's Republic of China.
(5) A
detailed assessment of the sizes, locations, and capabilities of Russian
nuclear, special operations, land, sea, and air forces.
(6) Developments in
Russian military doctrine and training.
(7) An assessment of
the proliferation activities of Russia and Russian entities, as a supplier of
materials, technologies, or expertise relating to nuclear weapons or other
weapons of mass destruction or missile systems.
(8) Developments in
Russia’s asymmetric capabilities, including its strategy and efforts to develop
and deploy cyberwarfare and electronic warfare capabilities, details on the
number of malicious cyber incidents originating from Russia against Department
of Defense infrastructure, and associated activities originating or suspected
of originating from Russia.
(9) The strategy and
capabilities of Russian space and counterspace programs, including trends,
global and regional activities, the involvement of military and civilian
organizations, including state-owned enterprises, academic institutions, and
commercial entities, and efforts to develop, acquire, or gain access to
advanced technologies that would enhance Russian military capabilities.
(10) Developments in
Russia's nuclear program, including the size and state of Russia's stockpile,
its nuclear strategy and associated doctrines, its civil and military
production capacities, and projections of its future arsenals.
(11) A description of
Russia's anti-access and area denial capabilities.
(12) A description of
Russia's command, control, communications, computers, intelligence,
surveillance, and reconnaissance modernization program and its applications for
Russia's precision guided weapons.
(13) In consultation
with the Secretary of Energy and the Secretary of State, developments regarding
United States-Russian engagement and cooperation on security matters.
(14) The current state
of United States military-to-military contacts with the Russian Federation
Armed Forces, which shall include the following:
(A) A comprehensive
and coordinated strategy for such military-to-military contacts and updates to
the strategy.
(B) A summary of all
such military-to-military contacts during the one-year period preceding the
report, including a summary of topics discussed and questions asked by the
Russian participants in those contacts.
(C) A description of
such military-to-military contacts scheduled for the 12-month period following
such report and the plan for future contacts.
(D) The Secretary's
assessment of the benefits the Russians expect to gain from such
military-to-military contacts.
(E) The Secretary's
assessment of the benefits the Department of Defense expects to gain from such
military-to-military contacts, and any concerns regarding such contacts.
(F) The Secretary's
assessment of how such military-to-military contacts fit into the larger
security relationship between the United States and the Russian
Federation.
(15) A description of
Russian military-to-military relationships with other countries, including the
size and activity of military attaché offices around the world and military
education programs conducted in Russia for other countries or in other
countries for the Russians.
(16) Other military
and security developments involving Russia that the Secretary of Defense
considers relevant to United States national security.
(c)
Definition
In this section the term specified
congressional committees means—
(1) the Committee on
Armed Services and the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on
Armed Services and the Committee on Foreign Relations of the Senate.
1269.
Limitation on
assistance to provide tear gas or other riot control items
None of the funds authorized to be
appropriated by this Act may be 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 of Defense certifies to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives that the security forces of such
government are not using excessive force to repress peaceful, lawful, and
organized dissent.
1270.
Report on
certain financial assistance to Afghan military
Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to Congress a
report on measures to monitor and ensure that United States financial
assistance to the Afghan National Security Forces to purchase fuel is not used
to purchase fuel from Iran in violation of United States sanctions.
1271.
Israel’s right
to self-defense
Congress fully
supports Israel’s lawful exercise of self-defense, including actions to halt
regional aggression.
1272.
Sense of
Congress strongly supporting the full implementation of United States and
international sanctions on Iran and urging the President to continue to
strengthen enforcement of sanctions legislation
(a)
Findings
Congress finds the following:
(1) On May 14, 1948, the people of Israel
proclaimed the establishment of the sovereign and independent State of
Israel.
(2) On March 28, 1949,
the United States Government recognized the establishment of the new State of
Israel and established full diplomatic relations.
(3) Since its
establishment nearly 65 years ago, the modern State of Israel has rebuilt a
nation, forged a new and dynamic democratic society, and created a thriving
economic, political, cultural, and intellectual life despite the heavy costs of
war, terrorism, and unjustified diplomatic and economic boycotts against the
people of Israel.
(4) The people of
Israel have established a vibrant, pluralistic, democratic political system,
including freedom of speech, association, and religion; a vigorously free
press; free, fair, and open elections; the rule of law; a fully independent
judiciary; and other democratic principles and practices.
(5) Since the 1979
revolution in Iran, the leaders of the Islamic Republic of Iran have repeatedly
made threats against the existence of the State of Israel and sponsored acts of
terrorism and violence against its citizens.
(6) On October 27,
2005, President of Iran Mahmoud Ahmadinejad called for a world without America
and Zionism.
(7) In February 2012,
Supreme Leader of Iran Ali Khamenei said of Israel, The Zionist regime
is a true cancer tumor on this region that should be cut off. And it definitely
will be cut off..
(8) In August 2012,
Supreme Leader Khamenei said of Israel, This bogus and fake Zionist
outgrowth will disappear off the landscape of geography..
(9) In August 2012,
President Ahmadinejad said that in the new Middle East * * * there will
be no trace of the American presence and the Zionists;
(10) The Department of
State has designated the Islamic Republic of Iran as a state sponsor of
terrorism since 1984 and has characterized the Islamic Republic of Iran as the
most active state sponsor of terrorism in the world.
(11) The Government of
the Islamic Republic of Iran has provided weapons, training, funding, and
direction to terrorist groups, including Hamas, Hizballah, and Shiite militias
in Iraq that are responsible for the murder of hundreds of United States
service members and innocent civilians.
(12) The Government of
the Islamic Republic of Iran has provided weapons, training, and funding to the
regime of Bashar al Assad that has been used to suppress and murder its own
people.
(13) Since at least
the late 1980s, the Government of the Islamic Republic of Iran has engaged in a
sustained and well-documented pattern of illicit and deceptive activities to
acquire a nuclear weapons capability.
(14) Since September
2005, the Board of Governors of the International Atomic Energy Agency (IAEA)
has found the Islamic Republic of Iran to be in non-compliance with its
safeguards agreement with the IAEA, which Iran is obligated to undertake as a
non-nuclear-weapon State Party to the Treaty on the Non-Proliferation of
Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and
entered into force March 5, 1970 (NPT).
(15) The United
Nations Security Council has adopted multiple resolutions since 2006 demanding
of the Government of the Islamic Republic of Iran its full and sustained
suspension of all uranium enrichment-related and reprocessing activities and
its full cooperation with the IAEA on all outstanding issues related to its
nuclear activities, particularly those concerning the possible military
dimensions of its nuclear program.
(16) The Government of
the Islamic Republic of Iran has refused to comply with United Nations Security
Council resolutions or to fully cooperate with the IAEA.
(17) In November 2011,
the IAEA Director General issued a report that documented serious
concerns regarding possible military dimensions to Iran’s nuclear
programme, and affirmed that information available to the IAEA
indicates that Iran has carried out activities relevant to the
development of a nuclear explosive device and that some activities may
be ongoing.
(18) The Government of
Iran stands in violation of the Universal Declaration of Human Rights for
denying its citizens basic freedoms, including the freedoms of expression,
religion, peaceful assembly and movement, and for flagrantly abusing the rights
of minorities and women.
(19) In his State of
the Union Address on January 24, 2012, President Barack Obama stated,
Let there be no doubt: America is determined to prevent Iran from
getting a nuclear weapon, and I will take no options off the table to achieve
that goal..
(20) Congress has
passed and the President has signed into law legislation imposing significant
economic and diplomatic sanctions on Iran to encourage the Government of Iran
to abandon its pursuit of nuclear weapons and end its support for
terrorism.
(21) These sanctions,
while having significant effect, have yet to persuade Iran to abandon its
illicit pursuits and comply with United Nations Security Council
resolutions.
(22) More stringent
enforcement of sanctions legislation, including elements targeting oil exports
and access to foreign exchange, could still lead the Government of Iran to
change course.
(23) In his State of
the Union Address on February 12, 2013, President Obama reiterated, The
leaders of Iran must recognize that now is the time for a diplomatic solution,
because a coalition stands united in demanding that they meet their
obligations. And we will do what is necessary to prevent them from getting a
nuclear weapon..
(24) On March 4, 2012,
President Obama stated, Iran's leaders should understand that I do not
have a policy of containment; I have a policy to prevent Iran from obtaining a
nuclear weapon..
(25) On October 22,
2012, President Obama said of Iran, The clock is ticking * * * And we're
going to make sure that if they do not meet the demands of the international
community, then we are going to take all options necessary to make sure they
don't have a nuclear weapon..
(26) On May 19, 2011,
President Obama stated, Every state has the right to self-defense, and
Israel must be able to defend itself, by itself, against any
threat..
(27) On September 21,
2011, President Obama stated, America's commitment to Israel's security
is unshakeable. Our friendship with Israel is deep and
enduring..
(28) On March 4, 2012,
President Obama stated, And whenever an effort is made to delegitimize
the state of Israel, my administration has opposed them. So there should not be
a shred of doubt by now: when the chips are down, I have Israel's
back..
(29) On October 22,
2012, President Obama stated, Israel is a true friend. And if Israel is
attacked, America will stand with Israel. I've made that clear throughout my
presidency * * * I will stand with Israel if they are attacked..
(30) In December 2012,
74 United States Senators wrote to President Obama As you begin your
second term as President, we ask you to reiterate your readiness to take
military action against Iran if it continues its efforts to acquire a nuclear
weapon. In addition, we urge you to work with our European and Middle Eastern
allies to demonstrate to the Iranians that a credible and capable multilateral
coalition exists that would support a military strike if, in the end, this is
unfortunately necessary..
(31) The United
States-Israel Enhanced Security Cooperation Act of 2012 (Public Law
112–150) stated that it is United States policy to support
Israel’s inherent right to self-defense.
(b)
Sense of
Congress
Congress—
(1) reaffirms the
special bonds of friendship and cooperation that have existed between the
United States and the State of Israel for more than sixty years and that enjoy
overwhelming bipartisan support in Congress and among the people of the United
States;
(2) strongly supports
the close military, intelligence, and security cooperation that President Obama
has pursued with Israel and urges this cooperation to continue and
deepen;
(3) deplores and
condemns, in the strongest possible terms, the reprehensible statements and
policies of the leaders of the Islamic Republic of Iran threatening the
security and existence of Israel;
(4) recognizes the
tremendous threat posed to the United States, the West, and Israel by the
Government of Iran’s continuing pursuit of a nuclear weapons capability;
(5) reiterates that
the policy of the United States is to prevent Iran from acquiring a nuclear
weapon capability and to take such action as may be necessary to implement this
policy;
(6) reaffirms its
strong support for the full implementation of United States and international
sanctions on Iran and urges the President to continue and strengthen
enforcement of sanctions legislation;
(7) declares that the
United States has a vital national interest in, and unbreakable commitment to,
ensuring the existence, survival, and security of the State of Israel, and
reaffirms United States support for Israel’s right to self-defense; and
(8) urges that, if the
Government of Israel is compelled to take military action in legitimate
self-defense against Iran’s nuclear weapons program, the United States
Government should stand with Israel and provide, in accordance with United
States law and the constitutional responsibility of Congress to authorize the
use of military force, diplomatic, military, and economic support to the
Government of Israel in its defense of its territory, people, and
existence.
(c)
Rule of
construction
Nothing in this section shall be construed as an
authorization for the use of force or a declaration of war.
1273.
Sense of
Congress on the illegal nuclear weapons programs of Iran and North
Korea
It is the sense of
Congress that—
(1) the paramount
security concern of the United States is the ongoing and illegal nuclear
weapons programs of the Islamic Republic of Iran and the Democratic People’s
Republic of Korea;
(2) it should be the
primary objective of the President of the United States to ensure that North
Korea’s nuclear program is completely and verifiably eliminated and that Iran,
and its terrorist proxies, are not allowed 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 by states that have chosen, but not
irreversibly so, to refrain from developing or acquiring their own nuclear
weapons capability;
(4) nuclear arms
reductions by the United States and the Russian Federation have not persuaded
or otherwise incentivized Iran and North Korea to halt or reverse their
destabilizing and dangerous nuclear weapons programs, nor have they resulted in
increased cooperation by other states to deal with these threats; and
(5) the President
should use all international fora available to the President to pursue the
complete and verifiable elimination of the nuclear weapons programs of Iran and
North Korea as the President’s paramount obligation to the security of the
American people.
1274.
Limitation on use
of funds to purchase equipment from Rosoboronexport
(a)
Limitation
No
funds authorized to be appropriated for the Department of Defense for any
fiscal year after fiscal year 2013 may be used for the purchase of any
equipment from Rosoboronexport until the Secretary of Defense certifies in
writing to the congressional defense committees that, to the best of the
Secretary's knowledge—
(1) Rosoboronexport is
cooperating fully with the Defense Contract Audit Agency;
(2) Rosoboronexport
has not delivered S–300 advanced anti-aircraft missiles to Syria; and
(3) no new contracts
have been signed between the Bashar al Assad regime in Syria and
Rosoboronexport since January 1, 2013.
(b)
National
security waiver
(1)
In
general
The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary certifies that the waiver in order to purchase
equipment from Rosoboronexport is in national security interest of the United
States.
(2)
Report
If
the Secretary waives the limitation in subsection (a) pursuant to paragraph
(1), the Secretary shall submit to the congressional defense committees, not
later than 30 days before purchasing equipment from Rosoboronexport pursuant to
the waiver, a report on the waiver. The report shall be submitted in classified
or unclassified form, at the election of the Secretary. The report shall
include the following:
(A) An explanation why
it is in the national security interest of the United States to purchase
equipment from Rosoboronexport.
(B) An explanation why
comparable equipment cannot be purchased from another corporation.
(C) An assessment of
the cooperation of Rosoboronexport with the Defense Contract Audit
Agency.
(D) An assessment of
whether and how many S–300 advanced anti-aircraft missiles have been delivered
to the Assad regime by Rosoboronexport.
(E) A list of the
contracts that Rosoboronexport has signed with the Assad regime since January
1, 2013.
(c)
Requirement for
competitively bid contracts
The Secretary of Defense shall award any
contract that will use United States funds for the procurement of helicopters
for the Afghan Security Forces using competitive procedures based on
requirements developed by the Secretary of Defense.
XIII
Cooperative
Threat Reduction
1301.
Specification
of cooperative threat reduction programs and funds
(a)
Specification of
cooperative threat reduction programs
For purposes of section 301
and other provisions of this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501 of the National Defense Authorization Act
for Fiscal Year 1997 (50 U.S.C. 2362 note).
(b)
Fiscal year 2014
cooperative threat reduction funds defined
As used in this title,
the term fiscal year 2014 Cooperative Threat Reduction funds
means the funds appropriated pursuant to the authorization of appropriations in
section 301 and made available by the funding table in section 4301 for
Cooperative Threat Reduction programs.
(c)
Availability of
funds
Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the funding table in
section 4301 for Cooperative Threat Reduction programs shall be available for
obligation for fiscal years 2014, 2015, and 2016.
1302.
Funding
allocations
(a)
Funding for
specific purposes
Of the $528,455,000 authorized to be
appropriated to the Department of Defense for fiscal year 2014 in section 301
and made available by the funding table in section 4301 for Cooperative Threat
Reduction programs, the following amounts may be obligated for the purposes
specified:
(1) For strategic
offensive arms elimination, $5,655,000.
(2) For chemical
weapons destruction, $13,000,000.
(3) For global nuclear
security, $32,793,000.
(4) For cooperative
biological engagement, $293,142,110.
(5) For proliferation
prevention, $149,314,890.
(6) For threat
reduction engagement, $6,375,000.
(7) For activities
designated as Other Assessments/Administrative Costs, $28,175,000.
(b)
Report on
obligation or expenditure of funds for other purposes
No fiscal
year 2014 Cooperative Threat Reduction funds may be obligated or expended for a
purpose other than a purpose listed in paragraphs (1) through (7) of subsection
(a) until 15 days after the date that the Secretary of Defense submits to
Congress a report on the purpose for which the funds will be obligated or
expended and the amount of funds to be obligated or expended. Nothing in the
preceding sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2014 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
(c)
Limited
authority to vary individual amounts
(1)
In
general
Subject to paragraph (2), in any case in which the
Secretary of Defense determines that it is necessary to do so in the national
interest, the Secretary may obligate amounts appropriated for fiscal year 2014
for a purpose listed in paragraphs (1) through (7) of subsection (a) in excess
of the specific amount authorized for that purpose.
(2)
Notice-and-wait
required
An obligation of funds for a purpose stated in
paragraphs (1) through (7) of subsection (a) in excess of the specific amount
authorized for such purpose may be made using the authority provided in
paragraph (1) only after—
(A) the Secretary
submits to Congress notification of the intent to do so together with a
complete discussion of the justification for doing so; and
(B) 15 days have
elapsed following the date of the notification.
1303.
Extension for use
of contributions to the Cooperative Threat Reduction Program
Section 1303(g) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84;
22 U.S.C.
5952 note) is amended by striking 2015 and
inserting 2018.
1304.
Strategy to
modernize cooperative threat reduction and prevent the proliferation of weapons
of mass destruction and related materials in the Middle East and North Africa
region
(a)
Strategy
required
The Secretary of Defense, in consultation with the
Secretary of State and the Secretary of Energy, shall establish a comprehensive
and broad nonproliferation strategy to modernize cooperative threat reduction
and advance cooperative efforts with international partners to reduce the
threat from the proliferation of weapons of mass destruction and related
materials in the Middle East and North Africa region.
(b)
Elements
The
strategy required by subsection (a) shall—
(1) build upon the
current activities of the Departments of Defense, State, and Energy’s
nonproliferation programs that aim to mitigate the range of threats in the
Middle East and North Africa region posed by weapons of mass
destruction;
(2) review issues
relating to the threat from the proliferation of weapons of mass destruction
and related materials in the Middle East and North Africa region on a regional
basis as well as on a country-by-country basis;
(3) review the
activities and achievements in the Middle East and North Africa region of the
Department of Defense Cooperative Threat Reduction Program and the
nonproliferation programs at the Department of State and Department of Energy
and other United States Government agencies and departments designed to address
nuclear, radiological, chemical, and biological safety and security
issues;
(4) ensure the
continued coordination of cooperative nonproliferation efforts within the
United States Government and further mobilize and leverage additional resources
from partner nations, nongovernmental and multilateral organizations, and
international institutions;
(5) include an
assessment of what countries are financially, materially, or technologically
supporting proliferation in this region and how the strategy will prevent, stop
or interdict the support;
(6) include an
estimate of associated costs required to plan and execute the proposed
cooperative threat reduction activities in order to execute the comprehensive
strategy to prevent the proliferation of weapons of mass destruction and
related materials; and
(7) include a
discussion of the metrics to measure the strategy’s and activities’ success in
reducing the regional threat of the proliferation of weapons of mass
destruction.
(c)
Integration and
coordination
The strategy required by subsection (a) shall
include an assessment of gaps in current cooperative nonproliferation efforts,
an articulation of agencies’ threat reduction priorities in the Middle East and
North Africa region, the establishment of appropriate metrics for determining
success in the region, and steps to ensure that the strategy fits in broader
United States efforts to reduce the threat from weapons of mass
destruction.
(d)
Consultation
In
establishing the strategy required by subsection (a), the Secretary of Defense
may consult with both governmental and nongovernmental experts from a diverse
set of views.
(e)
Strategy and
implementation plan
Not later than March 31, 2014, the Secretary
of Defense shall submit to the specified congressional committees the
cooperative threat reduction modernization strategy required by subsection (a),
as well as a plan for the implementation of the strategy required by subsection
(a).
(f)
Form
The
strategy required by subsection (a) shall be submitted in unclassified form,
but may include a classified annex.
(g)
Specified
congressional committees
In this section, the term specific
congressional committees means—
(1) the Committee on
Armed Services, the Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on
Armed Services, the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate.
XIV
Other
Authorizations
A
Military
Programs
1401.
Working
capital funds
Funds are hereby
authorized to be appropriated for fiscal year 2014 for the use of the Armed
Forces and other activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as specified in the
funding table in section 4501.
1402.
National
defense sealift fund
Funds are
hereby authorized to be appropriated for the fiscal year 2014 for the National
Defense Sealift Fund, as specified in the funding table in section 4501.
1403.
Chemical
Agents and Munitions Destruction, Defense
(a)
Authorization of
appropriations
Funds are hereby authorized to be appropriated for
the Department of Defense for fiscal year 2014 for expenses, not otherwise
provided for, for Chemical Agents and Munitions Destruction, Defense, as
specified in the funding table in section 4501.
(b)
Use
Amounts
authorized to be appropriated under subsection (a) are authorized for—
(1) the destruction of
lethal chemical agents and munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of
chemical warfare materiel of the United States that is not covered by section
1412 of such Act.
1404.
Drug
interdiction and counter-drug activities, defense-wide
Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2014 for expenses,
not otherwise provided for, for Drug Interdiction and Counter-Drug Activities,
Defense-wide, as specified in the funding table in section 4501.
1405.
Defense
Inspector General
Funds are
hereby authorized to be appropriated for the Department of Defense for fiscal
year 2014 for expenses, not otherwise provided for, for the Office of the
Inspector General of the Department of Defense, as specified in the funding
table in section 4501.
1406.
Defense Health
Program
Funds are hereby
authorized to be appropriated for fiscal year 2014 for the Defense Health
Program, as specified in the funding table in section 4501, for use of the
Armed Forces and other activities and agencies of the Department of Defense in
providing for the health of eligible beneficiaries.
B
National Defense
Stockpile
1411.
Use of
National Defense Stockpile for the conservation of a strategic and critical
materials supply
(a)
Presidential
responsibility for conservation of stockpile
materials
Section 98e(a) of title 50, United
States Code, is amended—
(1) by redesignating
paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and
(2) by inserting after
paragraph (4) the following new paragraph (5):
(5) provide for the
recovery of any strategic and critical material from excess materials made
available for recovery purposes by other Federal
agencies;
.
(b)
Uses of National
Defense Stockpile Transaction Fund
Section 98h(b)(2) of title 50,
United States Code, is amended—
(1) by redesignating
subparagraphs (D) through (L) as subparagraphs (E) through (M), respectively;
and
(2) by inserting after
subparagraph (C) the following new subparagraph (D):
(D) Encouraging the
conservation of strategic and critical
materials.
.
(c)
Development of
domestic sources
Section 98h–6(a) of title 50,
United States Code, is amended, in the matter preceding paragraph (1), by
inserting and conservation after
development.
1412.
Authority to
acquire additional materials for the National Defense Stockpile
(a)
Acquisition
authority
Using funds available in the National Defense Stockpile
Transaction Fund, the National Defense Stockpile Manager may acquire the
following materials determined to be strategic and critical materials required
to meet the defense, industrial, and essential civilian needs of the United
States:
(1) Ferroniobium.
(2) Dysprosium
Metal.
(3) Yttrium
Oxide.
(4) Cadmium Zinc Tellurium Substrate
Materials.
(5) Lithium Ion
Precursors.
(6) Triamino-Trinitrobenzene
and Insensitive High Explosive Molding Powders.
(b)
Amount of
authority
The National Defense Stockpile Manager may use up to
$41,000,000 of the National Stockpile Transaction Fund for acquisition of the
materials specified in subsection (a).
(c)
Fiscal year
limitation
The authority under this section is available for
purchases during fiscal year 2014 through fiscal year 2019.
C
Other
Matters
1421.
Authority for
transfer of funds to Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois
(a)
Authority for
transfer of funds
Of the funds authorized to be appropriated for
section 507 and available for the Defense Health Program for operation and
maintenance, $143,087,000 may be transferred by the Secretary of Defense to the
Joint Department of Defense–Department of Veterans Affairs Medical Facility
Demonstration Fund established by subsection (a)(1) of section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of
such section 1704, any funds so transferred shall be treated as amounts
authorized and appropriated specifically for the purpose of such a
transfer.
(b)
Use of
transferred funds
For the purposes of subsection (b) of such
section 1704, facility operations for which funds transferred under subsection
(a) may be used are operations of the Captain James A. Lovell Federal Health
Care Center, consisting of the North Chicago Veterans Affairs Medical Center,
the Navy Ambulatory Care Center, and supporting facilities designated as a
combined Federal medical facility under an operational agreement covered by
section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat.
4500).
1422.
Authorization of
appropriations for Armed Forces Retirement Home
There is hereby authorized to be
appropriated for fiscal year 2014 from the Armed Forces Retirement Home Trust
Fund the sum of $67,800,000 for the operation of the Armed Forces Retirement
Home.
1423.
Cemeterial
expenses
Funds are hereby
authorized to be appropriated for the Department of the Army for fiscal year
2014 for cemeterial expenses, not otherwise provided for, in the amount of
$45,800,000.
XV
Authorization of
Additional Appropriations for Overseas Contingency Operations
A
Authorization of
Additional Appropriations
1501.
Purpose
The purpose of this subtitle is to authorize
appropriations for the Department of Defense for fiscal year 2014 to provide
additional funds for overseas contingency operations being carried out by the
Armed Forces.
1502.
Procurement
Funds are hereby authorized to be
appropriated for fiscal year 2014 for procurement accounts for the Army, the
Navy and the Marine Corps, the Air Force, and Defense-wide activities, as
specified in the funding table in section 4102.
1503.
Research,
development, test, and evaluation
Funds are hereby authorized to be
appropriated for fiscal year 2014 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in the funding table
in section 4202.
1504.
Operation and
maintenance
Funds are hereby
authorized to be appropriated for fiscal year 2014 for the use of the Armed
Forces and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and maintenance, as
specified in the funding table in section 4302.
1505.
Military
personnel
Funds are hereby
authorized to be appropriated for fiscal year 2014 for the use of the Armed
Forces and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as specified in
the funding table in section 4402.
1506.
Working
capital funds
Funds are hereby
authorized to be appropriated for fiscal year 2014 for the use of the Armed
Forces and other activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as specified in the
funding table in section 4502.
1507.
Drug
Interdiction and Counter-Drug Activities, Defense-wide
Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2014 for expenses,
not otherwise provided for, for Drug Interdiction and Counter-Drug Activities,
Defense-wide, as specified in the funding table in section 4502.
1508.
Defense
Inspector General
Funds are
hereby authorized to be appropriated for the Department of Defense for fiscal
year 2014 for expenses, not otherwise provided for, for the Office of the
Inspector General of the Department of Defense, as specified in the funding
table in section 4502.
1509.
Defense Health
Program
Funds are hereby
authorized to be appropriated for the Department of Defense for fiscal year
2014 for expenses, not otherwise provided for, for the Defense Health Program,
as specified in the funding table in section 4502.
B
Financial
Matters
1521.
Treatment as
additional authorizations
The
amounts authorized to be appropriated by this title are in addition to amounts
otherwise authorized to be appropriated by this Act.
1522.
Special
transfer authority
(a)
Authority To
Transfer Authorizations
(1)
Authority
Upon
determination by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal year 2014
between any such authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2)
Limitation
The
total amount of authorizations that the Secretary may transfer under the
authority of this subsection may not exceed $3,000,000,000.
(b)
Terms and
Conditions
Transfers under this section shall be subject to the
same terms and conditions as transfers under section 1001.
(c)
Additional
Authority
The transfer authority provided by this section is in
addition to the transfer authority provided under section 1001.
C
Limitations and
Other Matters
1531.
Afghanistan
Security Forces Fund
(a)
Continuation of
existing limitations on use of funds in Fund
Funds available to
the Department of Defense for the Afghanistan Security Forces Fund for fiscal
year 2014 shall be subject to the conditions contained in subsections (b)
through (g) of section 1513 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428),
as amended by section 1531(b) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat.
4424).
(b)
Revision of Plan
for Use of Afghanistan Security Forces Fund
(1)
Revision and
Purpose
The Secretary of
Defense shall revise the plan required by section 1531(e) of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 2056) regarding use of the Afghanistan
Security Forces Fund through September 30, 2017, to ensure that an office or
official of the Department of Defense is identified as responsible for each
program or activity supported using funds available to the Department of
Defense through the Afghanistan Security Forces Fund.
(2)
Submission
Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional committees the plan as revised pursuant to paragraph (1).
(c)
Promotion of
recruitment and retention of women
Of the funds available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal year 2014, no less
than $47,300,000 shall be used for the recruitment and retention of women in
the Afghanistan National Security Forces. This requirement does not modify the
distribution of funds for programs and activities supported using the
Afghanistan Security Forces Fund, but will ensure attention to recruitment and
retention of women within each program and activity.
1532.
Future role of
Joint Improvised Explosive Device Defeat Organization
(a)
Report
required
Not later than 60
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report on the future
plans of the Department of Defense for the Joint Improvised Explosive Device
Defeat Organization (JIEDDO).
(b)
Required
elements
The report required by subsection (a) shall include the
following elements:
(1) An analysis of
alternatives considered in determining the future plans for JIEDDO.
(2) If the Secretary
of Defense plans to discontinue JIEDDO—
(A) a description of
how JIEDDO’s major programs and capabilities will be integrated into other
components within the Department of Defense or discontinued; and
(B) a statement of the
estimated costs to other components of the Department for any JIEDDO programs
and capabilities that are reassigned to such components.
(3) If the Secretary
of Defense plans to continue JIEDDO—
(A) a statement of the expected mission of
JIEDDO;
(B) a description of the expected
organizational structure for JIEDDO, including the reporting structure and
lines of authority within the Department and personnel strength, including
contractors; and
(C) a statement of the estimated costs and
budgetary impacts related to implementing any changes to the mission of JIEDDO
and its organizational structure.
(4) A
timeline for implementation of the selected alternative described in paragraph
(2) or (3).
(5) A
description on how the Department will identify and incorporate lessons learned
from establishing and managing JIEDDO and its programs.
1533.
Limitation on
intelligence, surveillance, and reconnaissance support for Operation Observant
Compass
None of the amounts
authorized to be appropriated for operation and maintenance by section 1504, as
specified in the funding table in section 4302, may be obligated or expended
for intelligence, surveillance, and reconnaissance support for Operation
Observant Compass until the Secretary of Defense submits to the congressional
defense committees a report on Operation Observant Compass, including the
specific goals of the campaign to counter the Lord Resistance Army, the precise
metrics used to measure progress in such campaign, and the required steps that
will be taken to transition such campaign if it is determined that it is no
longer necessary for the United States to support the mission of such
campaign.
1534.
Report on
United States force levels and costs of military operations in
Afghanistan
Not later than
January 15, 2014, the Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and Senate a report on the
following:
(1) The estimated
United States force levels in Afghanistan for each of years 2015 through
2020.
(2) The estimated
costs of United States military operations in Afghanistan for each of fiscal
years 2015 through 2020.
1535.
Limitation on
funds for the Afghanistan Security Forces Fund to acquire certain aircraft,
vehicles, and equipment
(a)
Limitation
Of the funds authorized to be appropriated
by this Act to the Department of Defense for the Afghanistan Security Forces
Fund (ASFF), $2,600,000,000 shall be withheld from obligation and expenditure
until the Secretary of Defense submits to the Committee on Armed Services of
the House of Representatives and the Committee on Armed Services of the Senate
a report as described in subsection (b).
(b)
Report
The report referred to in subsection (a) is
a report that includes the following information:
(1) A list of all covered aircraft, vehicles,
and equipment to be purchased with funds authorized to be appropriated by this
Act to the Department of Defense for the ASFF.
(2) The expected date on which such covered
aircraft, vehicles, and equipment would be delivered and operable in
Afghanistan.
(3) The full requirements for operating such
covered aircraft, vehicles, and equipment.
(4) The plan for maintenance of such covered
aircraft, vehicles, and equipment and estimated costs of such covered aircraft,
vehicles, and equipment by year, through 2020.
(5) The expected date that ASFF personnel would
be fully capable of operating and maintaining such covered aircraft, vehicles,
and equipment without support from United States personnel.
(6) An explanation of the extent to which the
acquisition of such covered aircraft, vehicles, and equipment will impact the
longer-term United States costs of supporting the ASFF.
(c)
Covered
aircraft, vehicles, and equipment
In this section, the term covered
aircraft, vehicles, and equipment means helicopters, systems for close
air support, air mobility systems, and armored vehicles.
XVI
Industrial Base
Matters
1601.
Periodic
audits of contracting compliance by Inspector General of Department of
Defense
(a)
Requirement for
periodic audits of contracting compliance
The Inspector General
of the Department of Defense shall conduct periodic audits of contracting
practices and policies related to procurement under
section
2533a of title 10, United States Code. Such an audit shall be
conducted at least once every three years.
(b)
Requirement for
additional information in semiannual reports
The Inspector
General of the Department of Defense shall ensure that findings and other
information resulting from audits conducted pursuant to subsection (a) are
included in the semiannual report transmitted to congressional committees under
section
8(f)(1) of the Inspector General Act of 1978 (5 U.S.C. App.).
1602.
Expansion of
the procurement technical assistance program to advance small business
growth
(a)
Advancing small
business growth
(1)
In
general
Chapter 142 of title 10,
United States Code, is amended—
(A) by redesignating
section 2419 as section 2420; and
(B) by inserting after
section 2418 the following new section 2419:
2419.
Advancing
small business growth
(a)
Identification
of recommended business capabilities and characteristics
(1) The Under Secretary of
Defense for Acquisition, Technology, and Logistics shall publish in the Federal
Register and on the website of the Office of Small Business Programs of the
Department of Defense a list of capabilities and characteristics recommended
for the successful transition of a qualified small business concern to become
competitive as an other-than-small business for contracts awarded by the
Department of Defense. The capabilities and characteristics on the list shall
be set forth by North American Industry Classification System sector.
(2) The list shall be reviewed and
updated appropriately on an annual basis.
(b)
Contract clause
required
(1) The Under Secretary
shall require the clause described in paragraph (2) to be included in each
covered contract awarded by the Department of Defense.
(2) The clause described in this
paragraph is a clause that—
(A) requires the contractor to acknowledge
that acceptance of the contract may cause the business to exceed the applicable
small business size standards (established pursuant to section 3(a) of the
Small Business Act) for the industry concerned and that the contractor may no
longer qualify as a small business concern for that industry; and
(B) encourages the contractor to develop
capabilities and characteristics identified in the list required by subsection
(a) if the contractor intends to remain competitive as an other-than-small
business in that industry.
(c)
Assistance for
advancing certain small businesses
Eligible small businesses may be provided
specific assistance with developing the capabilities and characteristics
identified in the list required by subsection (a), as part of any procurement
technical assistance furnished pursuant to this chapter.
(d)
Definitions
In
this section:
(1) The term
covered contract means a contract—
(A) awarded to a
qualified small business concern as defined pursuant to section 3(a) of the
Small Business Act; and
(B) with an estimated
annual value—
(i) that will exceed
the applicable receipt-based small business size standard; or
(ii) if the contract
is in an industry with an employee-based size standard, that will exceed
$70,000,000.
(2) The term eligible small
business means a qualified small business concern as defined pursuant
to section 3(a) of the Small Business Act that has entered into a contract with
the Department of Defense that includes a contract clause described in
subsection
(b)(2).
.
(2)
Clerical
amendment
The table of sections as the beginning of such chapter
is amended by striking the item relating to section 2419 and inserting the
following:
2419. Advancing small business
growth.
2420.
Regulations.
.
(b)
Exception to
limitation on funding
Section 2414 of such title is
amended—
(1) in subsection (a),
by striking The value and inserting Except as provided in
subsection (c), the value; and
(2) by adding at the
end the following new subsection (c):
(c)
Exception
The
value of the assistance provided in accordance with section 2419(c) of this
title is not subject to the limitations in subsection
(a).
.
(c)
Revisions to
cooperative agreements
(1)
Full funding
allowed for certain assistance
Section 2413(b) of such title is
amended—
(A) by striking
except that in the case and
inserting:
except
that—
(1) in the
case
;
(B) by striking the
period at the end and inserting ; and; and
(C) by adding at the
end the following new paragraph:
(2) in the case of a program sponsored by such
an entity that provides specific assistance for eligible small businesses
pursuant to section 2419(c) of this title, the Secretary may agree to furnish
the full cost of such
assistance.
.
(2)
Additional
considerations
Section 2413 of such title is further amended by
adding at the end the following new subsection:
(e) In determining the level of funding to
provide under an agreement under subsection (b), the Secretary shall consider
the forecast by the eligible entity of demand for procurement technical
assistance, and, in the case of an established program under this chapter, the
outlays and receipts of such program during prior years of
operation.
.
(3)
Conforming
amendment
Section 2413(d) of such title is amended by striking
and in determining the level of funding to provide under an agreement
under subsection (b),.
(d)
Report
required
Not later than March 15 of 2015, 2016, and 2017, the
Secretary of Defense shall submit to the congressional defense committees a
report on the implementation of the amendments made by this section, along with
any recommendations for improving the Procurement Technical Assistance
Cooperative Agreement Program.
1603.
Amendments
relating to Procurement Technical Assistance Cooperative Agreement
Program
(a)
Increase in
Government share
Section 2413(b) of title 10, United
States Code, is amended—
(1) by striking
one-half both places it appears and inserting 65
percent; and
(2) by striking three-fourths
and inserting 75 percent.
(b)
Increase in
limitations on value of assistance
Section 2414(a) of such title
is amended—
(1) in paragraphs (1)
and (4), by striking $600,000 and inserting
$750,000;
(2) in paragraph (2),
by striking $300,000 and inserting $450,000;
and
(3) in paragraph (3),
by striking $150,000 and inserting $300,000.
1604.
Strategic plan for
requirements for war reserve stocks of meals ready-to-eat
(a)
Limitation;
strategic plan
The
Administrator of the Defense Logistics Agency may not make any reductions in
the requirements for war reserve stocks of meals ready-to-eat until the
Administrator and the heads of the military services, in consultation with
manufacturers of meals ready-to-eat, develop a comprehensive strategic plan to
address—
(1) the aggregate
meals ready-to-eat requirements for each of the military departments;
(2) industrial base
sustainment and war-time surge capacity requirements for meals ready-to-eat;
and
(3) timely rotation of
the war reserves of meals-ready-to-eat.
(b)
Briefing
required
The Administrator
shall brief the congressional defense committees on the strategic plan
developed under subsection (a) before making any reductions in the requirements
for war reserve stocks of meals ready-to-eat.
1605.
Foreign commercial
satellite services
(a)
In
general
Chapter
135 of title 10, United States Code, as amended by section
911(b) of this Act, is further amended by adding at the end the following new
section:
2279.
Foreign
commercial satellite services
(a)
Prohibition
The Secretary of Defense may not enter into
a contract for satellite services with a foreign entity if—
(1) the foreign entity
is an entity in which the government of a covered foreign country has an
ownership interest; or
(2) the foreign entity
plans to or is expected to provide launch or other satellite services under the
contract from a covered foreign country.
(b)
Waiver
The
Secretary of Defense may waive subsection (a) for a particular contract if the
Secretary, in consultation with the Director of National Intelligence, submits
to the congressional defense committees a national security assessment for such
contract that includes the following:
(1) The projected
period of performance (including any period covered by options to extend the
contract), the financial terms, and a description of the services to be
provided under the contract.
(2) To the extent
practicable, a description of the ownership interest that a covered foreign
country has in the foreign entity providing satellite services to the
Department of Defense under the contract and the launch or other satellite
services that will be provided in a covered foreign country under the
contract.
(3) A justification
for entering into a contract with such foreign entity and a description of the
actions necessary to eliminate the need to enter into such a contract with such
foreign entity in the future.
(4) A risk assessment
of entering into a contract with such foreign entity, including an assessment
of mission assurance and security of information and a description of any
measures necessary to mitigate risks found by such risk assessment.
(c)
Delegation of
waiver authority
The
Secretary of Defense may only delegate the authority under subsection (b) to
waive subsection (a) to the Deputy Secretary of Defense, the Under Secretary of
Defense for Policy, or the Under Secretary of Defense for Acquisition,
Technology, and Logistics and such authority may not be further
delegated.
(d)
Form of waiver
assessments
Each assessment under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(e)
Covered foreign
country defined
In this
section, the term covered foreign country means a country
described in section 1261(c)(2) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112–239; 126 Stat.
2019).
.
(b)
Table of
sections amendment
The table
of sections at the beginning of such chapter, as amended by section 911(c) of
this Act, is further amended by adding at the end the following item:
2279. Foreign commercial satellite
services.
.
1606.
Proof of Concept
Commercialization Pilot Program
(a)
Pilot
Program
The Secretary of
Defense, acting through the Assistant Secretary of Defense for Research and
Engineering, shall establish and implement a pilot program, to be known as the
Proof of Concept Commercialization Pilot Program, in accordance
with this section.
(b)
Purpose
The purpose of the pilot program is to
accelerate the commercialization of basic research innovations from qualifying
institutions.
(c)
Awards
(1)
In
general
Under the pilot program, the Secretary shall make
financial awards to qualifying institutions in accordance with this
subsection.
(2)
Competitive,
merit-based process
An award under the pilot program shall be
made using a competitive, merit-based process.
(3)
Eligibility
A
qualifying institution shall be eligible for an award under the pilot program
if the institution agrees to—
(A) use funds from the
award for the uses specified in paragraph (5); and
(B) oversee the use of the funds
through—
(i) a
rigorous, diverse review board comprised of experts in translational and proof
of concept research, including industry, start-up, venture capital, technical,
financial, and business experts and university technology transfer
officials;
(ii) technology
validation milestones focused on market feasibility;
(iii) simple reporting
on program progress; and
(iv) a process to reallocate funding from poor
performing projects to those with more potential.
(4)
Criteria
An award may be made under the pilot
program to a qualifying institution in accordance with the following
criteria:
(A) The extent to
which a qualifying institution—
(i) has an established and proven technology
transfer or commercialization office and has a plan for engaging that office in
the program’s implementation or has outlined an innovative approach to
technology transfer that has the potential to increase or accelerate technology
transfer outcomes and can be adopted by other qualifying institutions;
(ii) can
assemble a project management board comprised of industry, start-up, venture
capital, technical, financial, and business experts;
(iii) has an
intellectual property rights strategy or office; and
(iv) demonstrates a
plan for sustainability beyond the duration of the funding from the
award.
(B) Such other
criteria as the Secretary determines necessary.
(5)
Use of
award
(A)
In
general
Subject to subparagraph (B), the funds from an award may
be used to evaluate the commercial potential of existing discoveries, including
activities that contribute to determining a project’s commercialization path,
including technical validations, market research, clarifying intellectual
property rights, and investigating commercial and business
opportunities.
(B)
Limitations
(i) The amount of an award may not exceed
$500,000 a year.
(ii) Funds from an
award may not be used for basic research, or to fund the acquisition of
research equipment or supplies unrelated to commercialization
activities.
(d)
Report
Not later than one year after the
establishment of the pilot program, the Secretary shall submit to the
congressional defense committees and to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report evaluating the effectiveness
of the activities of the pilot program. The report shall include—
(1) a
detailed description of the pilot program, including incentives and activities
undertaken by review board experts;
(2) an accounting of
the funds used in the pilot program;
(3) a
detailed description of the institutional selection process;
(4) a
detailed compilation of results achieved by the pilot program; and
(5) an analysis of the
program’s effectiveness, with data supporting the analysis.
(e)
Qualifying
institution defined
In this
section, the term qualifying institution means a nonprofit
institution, as defined in section 4(3) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3703(3)), or a Federal
laboratory, as defined in section 4(4) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3703(4)).
(f)
Termination
The pilot program conducted under this
section shall terminate on September 30, 2018.
1607.
Reporting on
goals for procurement contracts awarded to small business
concerns
Subsection (h) of
section 15 of the Small Business Act (15 U.S.C. 644) is amended to read as
follows:
(h)
Reporting on
goals for procurement contracts awarded to small business concerns
(1)
Agency
reports
At the conclusion of each fiscal year, the head of each
Federal agency shall submit to the Administrator a report describing—
(A) the extent of the
participation by small business concerns, small business concerns owned and
controlled by veterans (including service-disabled veterans), qualified HUBZone
small business concerns, small business concerns owned and controlled by
socially and economically disadvantaged individuals, and small business
concerns owned and controlled by women in the procurement contracts of such
agency during such fiscal year;
(B) whether the agency
achieved the goals established for the agency under subsection (g)(2) with
respect to such fiscal year;
(C) any justifications
for a failure to achieve such goals; and
(D) a remediation plan
with proposed new practices to better meet such goals, including analysis of
factors leading to any failure to achieve such goals.
(2)
Reports by
administrator
Not later than 60 days after receiving a report
from each Federal agency under paragraph (1) with respect to a fiscal year, the
Administrator shall submit to the President and Congress, and to make available
on a public Web site, an annual report that includes—
(A) a copy of each
report submitted to the Administrator under paragraph (1);
(B) a determination of
whether each goal established by the President under subsection (g)(1) for such
fiscal year was achieved;
(C) a determination of
whether each goal established by the head of a Federal agency under subsection
(g)(2) for such fiscal year was achieved;
(D) the reasons for
any failure to achieve a goal established under paragraph (1) or (2) of
subsection (g) for such fiscal year and a description of actions planned by the
applicable agency to address such failure, including the Administrator’s
comments and recommendations on the proposed remediation plan; and
(E) for the Federal
Government and each Federal agency, an analysis of the number and dollar amount
of prime contracts awarded during such fiscal year to—
(i) small business
concerns—
(I) in the
aggregate;
(II) through sole
source contracts;
(III) through
competitions restricted to small business concerns; and
(IV) through
unrestricted competition;
(ii) small business
concerns owned and controlled by service-disabled veterans—
(I) in the
aggregate;
(II) through sole
source contracts;
(III) through
competitions restricted to small business concerns;
(IV) through
competitions restricted to small business concerns owned and controlled by
service-disabled veterans; and
(V) through
unrestricted competition;
(iii) qualified
HUBZone small business concerns—
(I) in the
aggregate;
(II) through sole
source contracts;
(III) through
competitions restricted to small business concerns;
(IV) through
competitions restricted to qualified HUBZone small business concerns;
(V) through
unrestricted competition where a price evaluation preference was used;
and
(VI) through
unrestricted competition where a price evaluation preference was not
used;
(iv) small business
concerns owned and controlled by socially and economically disadvantaged
individuals—
(I) in the
aggregate;
(II) through sole
source contracts;
(III) through
competitions restricted to small business concerns;
(IV) through
competitions restricted to small business concerns owned and controlled by
socially and economically disadvantaged individuals;
(V) through
unrestricted competition; and
(VI) by reason of that
concern’s certification as a small business owned and controlled by socially
and economically disadvantaged individuals;
(v) small business
concerns owned by an Indian tribe (as such term is defined in section 8(a)(13))
other than an Alaska Native Corporation—
(I) in the
aggregate;
(II) through sole
source contracts;
(III) through
competitions restricted to small business concerns;
(IV) through
competitions restricted to small business concerns owned and controlled by
socially and economically disadvantaged individuals; and
(V) through
unrestricted competition;
(vi) small business
concerns owned by a Native Hawaiian Organization—
(I) in the
aggregate;
(II) through sole
source contracts;
(III) through
competitions restricted to small business concerns;
(IV) through
competitions restricted to small business concerns owned and controlled by
socially and economically disadvantaged individuals; and
(V) through
unrestricted competition;
(vii) small business
concerns owned by an Alaska Native Corporation—
(I) in the
aggregate;
(II) through sole
source contracts;
(III) through
competitions restricted to small business concerns;
(IV) through
competitions restricted to small business concerns owned and controlled by
socially and economically disadvantaged individuals; and
(V) through
unrestricted competition; and
(viii) small business
concerns owned and controlled by women—
(I) in the
aggregate;
(II) through
competitions restricted to small business concerns;
(III) through
competitions restricted using the authority under section 8(m)(2);
(IV) through
competitions restricted using the authority under section 8(m)(2) and in which
the waiver authority under section 8(m)(3) was used; and
(V) through
unrestricted competition; and
(F) for the Federal
Government, the number, dollar amount, and distribution with respect to the
North American Industry Classification System of subcontracts awarded during
such fiscal year to small business concerns, small business concerns owned and
controlled by service-disabled veterans, qualified HUBZone small business
concerns, small business concerns owned and controlled by socially and
economically disadvantaged individuals, and small business concerns owned and
controlled by women, provided that such information is publicly available
through data systems developed pursuant to the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109–282), or otherwise
available as provided in paragraph (3).
(3)
Access to
data
(A)
Federal
procurement data system
To assist in the implementation of this
section, the Administration shall have access to information collected through
the Federal Procurement Data System, Federal Subcontracting Reporting System,
or any new or successor system.
(B)
Agency
procurement data sources
To assist in the implementation of this
section, the head of each contracting agency shall provide, upon request of the
Administration, procurement information collected through agency data
collection sources in existence at the time of the request. Contracting
agencies shall not be required to establish new data collection systems to
provide such
data.
.
1608.
Program to
provide Federal contracts to early stage small businesses
(a)
In
general
The Small Business Act (15 U.S.C. 631 et seq.) is amended by
adding at the end the following:
48.
Program to
provide Federal contracts to early stage small businesses
(a)
Establishment
The
Administrator shall establish and carry out a program in accordance with the
requirements of this section to provide improved access to Federal contract
opportunities for early stage small business concerns.
(b)
Procurement
contracts
(1)
In
general
In carrying out subsection (a), the Administrator, in
consultation with other Federal agencies, shall identify procurement contracts
of Federal agencies for award under the program.
(2)
Contract
awards
Under the program established pursuant to this section,
the award of a procurement contract of a Federal agency identified by the
Administrator pursuant to paragraph (1) shall be made by the agency to an
eligible program participant selected, and determined to be responsible, by the
agency.
(3)
Competition
(A)
Sole
source
A contracting officer
may award a sole source contract under this program if such concern is
determined to be a responsible contractor with respect to performance of such
contract opportunity and the contracting officer does not have a reasonable
expectation that 2 or more early stage small business concerns will submit
offers for the contracting opportunity and in the estimation of the contracting
officer, the contract award can be made at a fair and reasonable price.
(B)
restricted
competition
A contracting
officer may award contracts on the basis of competition restricted to early
stage small business concerns if the contracting officer has a reasonable
expectation that not less than 2 early stage small business concerns will
submit offers and that the award can be made at a fair market price.
(4)
Contract
value
Contracts shall be
awarded under this program if its value is greater than $3,000 and less than
half the upper threshold of section 15(j)(1) of the Small Business Act.
(c)
Eligibility
Only an early stage small business concern
shall be eligible to compete for a contract to be awarded under the program.
The Administrator shall certify that a small business concern is an early stage
small business concern, or the Administrator shall approve a Federal agency, a
State government, or a national certifying entity to certify that the business
meets the eligibility criteria of an early stage small business concern.
(d)
Technical
assistance
The Administrator shall provide early stage small
business concerns with technical assistance and counseling with regard
to—
(1) applying for and
competing for Federal contracts; and
(2) fulfilling the
administrative responsibilities associated with the performance of a Federal
contract.
(e)
Attainment of
contract goals
All contract awards made under the program shall
be counted toward the attainment of the goals specified in section 15(g) of the
Small Business Act.
(f)
Regulations
The
Administrator shall—
(1) issue proposed
regulations to carry out this section not later than 180 days after the date of
enactment of this Act; and
(2) issue final
regulations to carry out this section not later than 270 days after the date of
enactment of this Act.
(g)
Report to
congress
Not later than April 30, 2015, the Administrator shall
transmit to the Congress a report on the performance of the program.
(h)
Definitions
For
purposes of this section, the following definitions shall apply:
(1)
Program
The
term program means a program established pursuant to subsection
(a).
(2)
Early stage
small business concern
The term early stage small business
concern means a small business concern that—
(A) has not more than
15 employees; and
(B) has average annual
receipts that total not more than $1,000,000, except if the concern is in an
industry with an average annual revenue standard that is less than $1,000,000,
as defined by the North American Industry Classification
System.
.
(b)
Repeal of
similar program
Section 304 of the Small Business Administration
Reauthorization and Amendments Act of 1994 (15 U.S.C. 644 note) is
repealed.
1609.
Credit for
certain subcontractors
(a)
In
general
Section 8(d) of the
Small Business Act (15 U.S.C. 637(d)) is amended by
adding at the end the following:
(16)
Credit for
certain subcontractor
For purposes of determining whether or not
a prime contractor has attained the percentage goals specified in paragraph
(6)—
(A) if the subcontracting goals pertain only to
a single contract with the executive agency, the prime contractor shall receive
credit for small business concerns performing as first tier subcontractors or
subcontractors at any tier pursuant to the subcontracting plans required under
paragraph (6)(D) in an amount equal to the dollar value of work awarded to such
small business concerns; and
(B) if the subcontracting goals pertain to more
than one contract with one or more executive agencies, or to one contract with
more than one executive agency, the prime contractor may only count first tier
subcontractors that are small business
concerns.
.
(b)
Definitions
pertaining to subcontracting
Section 3 of the Small Business Act
(15 U.S.C.
632) is amended by adding at the end the following:
(dd)
Definitions
pertaining to subcontracting
In this Act:
(1)
Subcontract
The
term subcontract means a legally binding agreement between a
contractor that is already under contract to another party to perform work, and
a third party, hereinafter referred to as the subcontractor, for the
subcontractor to perform a part, or all, of the work that the contractor has
undertaken.
(2)
First tier
subcontractor
The term first tier subcontractor
means a subcontractor who has a subcontract directly with the prime
contractor.
(3)
At any
tier
The term at any tier means any subcontractor
other than a subcontractor who is a first tier
subcontractor.
.
1610.
GAO Study on
subcontracting reporting systems
Not later than 365 days after the date of
enactment of this Act, the Comptroller General of the United States shall
submit to the Committee on Small Business of the House of Representatives and
to the Committee on Small Business and Entrepreneurship of the Senate a report
studying the feasibility of using Federal subcontracting reporting systems,
including the Federal subaward reporting system required by section 2 of the
Federal Funding Accountability and Transparency Act of 2006 and any electronic
subcontracting reporting award system used by the Small Business
Administration, to attribute subcontractors to particular contracts in the case
of contractors that have subcontracting plans under section 8(d) of the Small
Business Act that pertain to multiple contracts with executive agencies.
1611.
Inapplicability
of requirement to review and justify certain contracts
In the case of a contract to which the
provisions of section 46 of the Small Business Act (15 U.S.C. 657s)
apply, the requirements under section 802 of the National Defense Authorization
Act for Fiscal Year 2013 do not apply.
B
Military
Construction Authorizations
2001.
Short
title
This division may be
cited as the Military Construction
Authorization Act for Fiscal Year 2014.
2002.
Expiration of
authorizations and amounts required to be specified by law
(a)
Expiration of
authorizations after three years
Except as provided in subsection
(b), all authorizations contained in titles XXI through XXVII and title XXIX of
this division for military construction projects, land acquisition, family
housing projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of appropriations
therefor) shall expire on the later of—
(1) October 1, 2016;
or
(2) the date of the
enactment of an Act authorizing funds for military construction for fiscal year
2017.
(b)
Exception
Subsection
(a) shall not apply to authorizations for military construction projects, land
acquisition, family housing projects and facilities, and contributions to the
North Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor), for which appropriated funds have
been obligated before the later of—
(1) October 1, 2016;
or
(2) the date of the
enactment of an Act authorizing funds for fiscal year 2017 for military
construction projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic Treaty Organization Security
Investment Program.
2003.
Effective
date
Titles XXI through XXVII
and title XXIX shall take effect on the later of—
(1) October 1, 2013; or
(2) the date of the enactment of this
Act.
XXI
Army Military
Construction
2101.
Authorized
Army construction and land acquisition projects
(a)
Inside the
united states
Using amounts
appropriated pursuant to the authorization of appropriations in section 2103
and available for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the Army may
acquire real property and carry out military construction projects for the
installations or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
StateInstallation or LocationAmount
AlaskaFort Wainwright$103,000,000
ColoradoFort Carson, Colorado$242,200,000
FloridaEglin AFB$4,700,000
GeorgiaFort Gordon$61,000,000
HawaiiFort Shafter$65,000,000
KansasFort Leavenworth$17,000,000
KentuckyFort Campbell, Kentucky$4,800,000
MarylandAberdeen Proving Ground$21,000,000
Fort Detrick$7,100,000
MissouriFort Leonard Wood$90,700,000
North CarolinaFort Bragg$5,900,000
TexasFort Bliss$46,800,000
VirginiaJoint Base Langley-Eustis$50,000,000
WashingtonJoint
Base Lewis-Mcchord$144,000,000
Yakima $9,100,00
(b)
Outside the
united states
Using amounts
appropriated pursuant to the authorization of appropriations in section 2103
and available for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the Army may
acquire real property and carry out the military construction project for the
installation or location outside the United States, and in the amount, set
forth in the following table:
Army: Outside the United States
CountryInstallation or
LocationAmount
Marshall IslandsKwajalein
Atoll$63,000,000
(c)
Unspecified
worldwide
Using amounts
appropriated pursuant to the authorization of appropriations in section 2103
and available for military construction projects at unspecified worldwide
locations as specified in the funding table in section 4601, the Secretary of
the Army may acquire real property and carry out military construction projects
for unspecified installations or locations in the amounts set forth in the
following table:
Army: Unspecified
Location Location or InstallationAmount
Worldwide
UnspecifiedUnspecified Worldwide Locations$33,000,000
2102.
Family
housing
(a)
Construction and
acquisition
Using amounts appropriated pursuant to the
authorization of appropriations in section 2103 and available for military
family housing functions as specified in the funding table in section 4601, the
Secretary of the Army may construct or acquire family housing units (including
land acquisition and supporting facilities) at the installations or locations,
in the number of units, and in the amounts set forth in the following
table:
Army: Family Housing
CountryInstallationUnitsAmount
GermanySouth Camp Vilseck29$16,600,000
WisconsinFort McCoy56$23,000,000
(b)
Planning and
design
Using amounts appropriated pursuant to the authorization
of appropriations in section 2103 and available for military family housing
functions as specified in the funding table in section 4601, the Secretary of
the Army may carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of family
housing units in an amount not to exceed $4,408,000.
2103.
Authorization
of appropriations, Army
Funds
are hereby authorized to be appropriated for fiscal years beginning after
September 30, 2013, for military construction, land acquisition, and military
family housing functions of the Department of the Army as specified in the
funding table in section 4601.
2104.
Additional
authority to carry out certain fiscal year 2004 project
(a)
Project authorization
In connection with the authorization
contained in the table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of
Public Law
108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for
construction of a Research and Development Loading Facility, the Secretary of
the Army may carry out a military construction project in the amount of
$4,500,000 to complete work on the facility within the initial scope of the
project.
(b)
Use of unobligated prior-year army military
construction funds
For the
project described in subsection (a), the Secretary of the Army shall use
unobligated Army military construction funds that were appropriated for a
fiscal year before fiscal year 2014 and are available because of savings
resulting from favorable bids.
(c)
Congressional notification
The Secretary of the Army shall provide
information in accordance with
section
2851(c) of title 10, United States Code, regarding the project
described in subsection (a). If it becomes necessary to exceed the estimated
project cost, the Secretary shall utilize the authority provided by section
2853 of such title regarding authorized cost and scope of work
variations.
2105.
Modification
of authority to carry out certain fiscal year 2010 project
In the case of the authorization contained
in the table in section 2101(b) of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of
Public Law
111–84; 123 Stat. 2629) for Camp Arifjan, Kuwait, for
construction of APS Warehouses, the Secretary of the Army may construct up to
74,976 square meters of hardstand parking, 22,741 square meters of access
roads, a 6 megawatt power plant, and 50,724 square meters of
humidity-controlled warehouses.
2106.
Modification
of authority to carry out certain fiscal year 2011 project
In the case of the authorization contained
in the table in section 2101(a) of the National Defense Authorization Act for
Fiscal Year 2011 (division B of
Public Law
111–383; 124 Stat. 4437) for Joint Base Lewis-McCord,
Washington, for construction of a Regional Logistics Support Complex, the
Secretary of the Army may construct up to 98,381 square yards of Organizational
Vehicle Parking.
2107.
Extension of
authorizations of certain fiscal year 2010 projects
(a)
Extensions
Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2010 (division B of
Public Law
111–84; 123 Stat. 2627), the authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (126 Stat.
2628) and extended by section 2106 of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of
Public Law
112–239; 126 Stat. 2121), shall remain in effect until October
1, 2014, or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2015, whichever is later:
(b)
Table
The
table referred to in subsection (a) is as follows:
Army: Extension of 2010 Project
Authorizations
StateInstallation
or LocationProjectAmount
VirginiaFort
BelvoirRoad and Access Control
Point$9,500,000
WashingtonFort LewisFort
Lewis-McChord AFB Joint Access$9,000,000
KuwaitCamp
ArifjianAPS Warehouses$82,000,000
2108.
Extension of
authorizations of certain fiscal year 2011 projects
(a)
Extensions
Notwithstanding
section 2002 of the Military Construction Authorization Act for Fiscal Year
2011 (division B of
Public Law
111–383; 124 Stat. 4436), the authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (124 Stat.
4437), shall remain in effect until October 1, 2014, or the date of the
enactment of an Act authorizing funds for military construction for fiscal year
2015, whichever is later:
(b)
Table
The
table referred to in subsection (a) is as follows:
Army: Extension of 2011 Project
Authorizations
StateInstallation
or LocationProjectAmount
CaliforniaPresidio of
MontereyAdvanced Individual Training Barracks $63,000,000
GeorgiaFort
BenningLand Acquisition$12,200,000
New MexicoWhite Sands Missile
RangeBarracks$29,000,000
GermanyWiesbaden Air
BaseAccess Control Point$5,100,000
2109.
Transfer of Administrative
Jurisdiction, Camp Frank D. Merrill, Dahlonega, Georgia
(a)
Transfer
Required
Not later than
September 30, 2014, the Secretary of Agriculture shall transfer to the
administrative jurisdiction of the Secretary of the Army for required Army
force protection measures certain Federal land administered as part of the
Chattahoochee National Forest, but permitted to the Secretary of the Army for
Camp Frank D. Merrill in Dahlonega, Georgia, consisting of approximately
282.304 acres identified in the permit numbered 0018–01.
(b)
Use of
Transferred Land
Upon receipt of the land under subsection (a),
the Secretary of the Army shall continue to use the land for military
purposes.
(c)
Protection of
the Etowah Darter and Holiday Darter
Nothing in the transfer
required by subsection (a) shall affect the prior designation of lands within
the Chattahoochee National Forest as critical habitat for the Etowah darter
(Etheostoma etowahae) and the Holiday darter (Etheostoma brevirostrum).
(d)
Legal
Description and Map
(1)
Preparation and
publication
The Secretary of Agriculture shall publish in the
Federal Register a legal description and map of the land to be transferred
under subsection (a) not later than 180 days of this Act’s enactment.
(2)
Force of
law
The legal description and map filed under paragraph (1) shall
have the same force and effect as if included in this Act, except that the
Secretary of Agriculture may correct errors in the legal description and
map.
(e)
Reimbursements
of Costs
The transfer required by subsection (a) shall be made
without reimbursement, except that the Secretary of the Army shall reimburse
the Secretary of Agriculture for any costs incurred by the Secretary of
Agriculture to prepare the legal description and map under subsection
(c).
XXII
Navy Military
Construction
2201.
Authorized
Navy construction and land acquisition projects
(a)
Inside the
United States
Using amounts
appropriated pursuant to the authorization of appropriations in section 2204
and available for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the Navy may
acquire real property and carry out military construction projects for the
installations or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
StateInstallation
or LocationAmount
CaliforniaBarstow$14,998,000
Camp Pendleton, California$13,124,000
Coronado$8,910,000
Point Mugu $24,667,000
Port Hueneme $33,600,000
San Diego$34,331,000
Twentynine Palms, California$33,437,000
FloridaJacksonville$20,752,000
Key West$14,001,000
Mayport$16,093,000
GeorgiaAlbany$16,610,000
Savannah$61,717,000
GuamJoint Region Marianas$318,377,000
HawaiiKaneohe Bay$236,982,000
Pearl City$30,100,000
Pearl Harbor$57,998,000
IllinoisGreat Lakes$35,851,000
MarylandFort Meade$83,988,000
MaineBangor$13,800,000
Kittery$11,522,000
North CarolinaCamp Lejeune, North
Carolina$77,999,000
New River$45,863,000
NevadaFallon$11,334,000
OklahomaTinker Air Force Base$14,144,000
Rhode IslandNewport$12,422,000
South CarolinaCharleston$73,932,000
VirginiaDam Neck$10,587,000
Norfolk$3,380,000
Quantico$38,374,000
Yorktown$18,700,000
WashingtonBremerton$18,189,000
Whidbey Island$117,649,000
(b)
Outside the
united states
Using amounts
appropriated pursuant to the authorization of appropriations in section 2204
and available for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the Navy may
acquire real property and carry out military construction projects for the
installation or location outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
CountryInstallation
or LocationAmount
DjiboutiCamp
Lemonier$29,000,000
JapanCamp
Butler$5,820,000
JapanYokosuka$7,568,000
2202.
Family
housing
Using amounts
appropriated pursuant to the authorization of appropriations in section 2204
and available for military family housing functions as specified in the funding
table in section 4601, the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to exceed
$4,438,000.
2203.
Improvements
to military family housing units
Subject to
section
2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section 2204
and available for military family housing functions as specified in the funding
table in section 4601, the Secretary of the Navy may improve existing military
family housing units in an amount not to exceed $68,969,000.
2204.
Authorization
of appropriations, Navy
Funds
are hereby authorized to be appropriated for fiscal years beginning after
September 30, 2013, for military construction, land acquisition, and military
family housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
2205.
Limitation on
project authorization to carry out certain fiscal year 2014
project
The Secretary of the
Navy may not obligate or expend any funds authorized in this title for land
acquisition related to the Townsend Bombing Range near Savannah, Georgia, until
the Secretary certifies in writing to the congressional defense committees that
the Secretary has entered into mutually-acceptable agreements with the
governments of Long and McIntosh Counties, Georgia, that—
(1) include specific arrangements to mitigate
any economic hardships to be incurred by the counties as a result of revenue
loss caused by the acquisition; or
(2) affirm that no
compensation is required from the Secretary before the acquisition
proceeds.
2206.
Modification
of authority to carry out certain fiscal year 2011 project
In the case of the authorization contained
in the table in section 2201(b) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of
Public Law
111–383; 124 Stat. 4441) for Southwest Asia, Bahrain, for
construction of Navy Central Command Ammunition Magazines, the Secretary of the
Navy may construct additional Type C earth covered magazines (to provide a
project total of eighteen), ten new modular storage magazines, an inert storage
facility, a maintenance and ground support equipment facility, concrete pads
for portable ready service lockers, and associated supporting facilities using
appropriations available for the project.
2207.
Modification
of authority to carry out certain fiscal year 2012 project
In the case of the authorization contained
in the table in section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of
Public Law
112–81; 125 Stat. 1666) for Kitsap, Washington, for
construction of Explosives Handling Wharf No. 2, the Secretary of the Navy may
construct new hardened facilities in lieu of hardening existing structures and
a new facility to replace the existing Coast Guard Maritime Force Protection
Unit and the Naval Undersea Warfare Command unhardened facilities using
appropriations available for the project.
2208.
Extension of
authorizations of certain fiscal year 2011 projects
(a)
Extension
Notwithstanding
section 2002 of the Military Construction Authorization Act for Fiscal Year
2011 (division B of
Public Law
111–383; 124 Stat. 4436), the authorizations set forth in the
table in subsection (b), as provided in section 2201 of that Act (124 Stat.
4441), shall remain in effect until October 1, 2014, or the date of the
enactment of an Act authorizing funds for military construction for fiscal year
2015, whichever is later.
(b)
Table
The
table referred to in subsection (a) is as follows:
Navy: Extension of 2011 Project
Authorizations
State/CountryInstallation or LocationProjectAmount
BahrainSouthwest
AsiaNavy Central Command Ammunition Magazines$89,280,000
GuamNaval
ActivitiesDefense Access Roads Improvements$66,730,000
XXIII
Air Force
Military Construction
2301.
Authorized Air
Force construction and land acquisition projects
(a)
Inside the
United States
Using amounts
appropriated pursuant to the authorization of appropriations in section 2304
and available for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the Air Force
may acquire real property and carry out military construction projects for the
installations or locations inside the United States, and in the amounts, set
forth in the following table:
Air Force: Inside the United States
StateInstallation
or LocationAmount
ArizonaLuke Air Force
Base$26,900,000
CaliforniaBeale Air
Force Base$62,000,000
FloridaTyndall Air Force
Base$9,100,000
GuamJoint Region
Marianas$176,230,000
HawaiiJoint Base Pearl
Harbor-Hickam$4,800,000
KansasMcConnell Air Force
Base$219,120,000
KentuckyFort
Campbell, Kentucky$8,000,000
Mariana IslandsSaipan$29,300,000
MarylandFort
Meade$358,000,000
Joint Base
Andrews$30,000,000
MissouriWhiteman
Air Force Base$5,900,000
North DakotaMinot Air
Force Base$23,830,000
New MexicoCannon Air
Force Base$34,100,000
Holloman Air Force
Base$2,250,000
Kirtland Air Force
Base$30,500,000
NevadaNellis Air Force
Base$78,500,000
OklahomaAltus Air
Force Base$30,850,000
Tinker Air Force
Base$8,600,000
TexasFort Bliss$3,350,000
UtahHill Air Force
Base$32,000,000
VirginiaJoint Base
Langley-Eustis$4,800,000
(b)
Outside the
United States
Using amounts
appropriated pursuant to the authorization of appropriations in section 2304
and available for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the Air Force
may acquire real property and carry out military construction projects for the
installations or locations outside the United States, and in the amounts, set
forth in the following table:
Air Force: Outside the United States
CountryInstallationAmount
GreenlandThule AB$43,904,000
United KingdomRAF Lakenheath$22,047,000
2302.
Family
housing
Using amounts
appropriated pursuant to the authorization of appropriations in section 2304
and available for military family housing functions as specified in the funding
table in section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design activities with
respect to the construction or improvement of family housing units in an amount
not to exceed $4,267,000.
2303.
Improvements
to military family housing units
Subject to
section
2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section 2304
and available for military family housing functions as specified in the funding
table in section 4601, the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $72,093,000.
2304.
Authorization of appropriations, Air
Force
Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30,
2013, for military construction, land acquisition, and military family housing
functions of the Department of the Air Force, as specified in the funding table
in section 4601.
2305.
Modification
of authority to carry out certain fiscal year 2013 project
The table in section 2301(b) of the
Military Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law
112–239; 126 Stat. 2126) is amended in the item relating to
Andersen Air Force Base, Guam, for construction of a hangar by striking
$58,000,000 in the amount column and inserting
$128,000,000.
2306.
Limitation on
project authorization to carry out certain fiscal year 2014
project
The Secretary of the
Air Force may not obligate or expend any funds authorized in this title for the
construction of a maintenance facility, a hazardous cargo pad, or an airport
storage facility at Saipan, Commonwealth of the Northern Mariana Islands, until
the Secretary certifies to Congress that the Secretary will purchase an
interest in the real estate associated with these military construction
projects.
2307.
Extension of
authorization of certain fiscal year 2011 project
(a)
Extension
Notwithstanding
section 2002 of the Military Construction Authorization Act for Fiscal Year
2011 (division B of
Public Law
111–383; 124 Stat. 4436), the authorization set forth in the
table in subsection (b), as provided in section 2301 of that Act (124 Stat.
4444), shall remain in effect until October 1, 2014, or the date of the
enactment of an Act authorizing funds for military construction for fiscal year
2015, whichever is later.
(b)
Table
The
table referred to in subsection (a) is as follows:
Air Force: Extension of 2011 Project
Authorization
StateInstallation
or LocationProjectAmount
BahrainSouthwest
AsiaNorth Apron Expansion$45,000,000
XXIV
Defense
Agencies Military Construction
A
Defense Agency
Authorizations
2401.
Authorized
Defense Agencies construction and land acquisition projects
(a)
Inside the
united states
Using amounts
appropriated pursuant to the authorization of appropriations in section 2403
and available for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of Defense may
acquire real property and carry out military construction projects for the
installations or locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United
States
StateInstallation
or LocationAmount
AlaskaClear Air Force Base$17,204,000
Fort
Greely$82,000,000
CaliforniaBrawley $23,095,000
Defense
Distribution Depot-Tracy$37,554,000
Miramar$6,000,000
ColoradoFort Carson, Colorado$22,282,000
FloridaHurlburt Field$7,900,000
Jacksonville$7,500,000
Panama
City$2,600,000
Tyndall Air Force
Base$9,500,000
GeorgiaFort Benning$43,335,000
Fort Stewart,
Georgia$44,504,000
Hunter Army
Airfield$13,500,000
Moody Air Force
Base$3,800,000
HawaiiFord Island$2,615,000
Joint Base Pearl
Harbor-Hickam$2,800,000
KentuckyFort Campbell,
Kentucky$124,211,000
Fort
Knox$303,023,000
MassachusettsHanscom Air Force
Base$36,213,000
MarylandAberdeen Proving
Ground$210,000,000
Bethesda Naval
Hospital$66,800,000
North CarolinaCamp Lejeune$28,977,000
Fort
Bragg$172,065,000
North DakotaMinot Air Force Base$6,400,000
New JerseyJoint Base
Mcguire-Dix-Lakehurst$10,000,000
New MexicoHolloman Air Force
Base$81,400,000
OklahomaAltus Air Force Base$2,100,000
Tinker Air Force
Base$36,000,000
PennsylvaniaDefense Distribution Depot New
Cumberland$9,000,000
South CarolinaBeaufort$41,324,000
TennesseeArnold Air Force Base$2,200,000
TexasJoint Base San
Antonio$12,600,000
VirginiaDefense Distribution Depot
Richmond$87,000,000
Joint
Expeditionary Base Little Creek - Story$30,404,000
Pentagon$59,450,000
Quantico$40,586,000
WashingtonWhidbey Island$10,000,000
(b)
Outside the
United States
Using amounts
appropriated pursuant to the authorization of appropriations in section 2403
and available for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of Defense may
acquire real property and carry out military construction projects for the
installations or locations outside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Outside the United
States
CountryInstallation
or LocationAmount
Bahrain IslandSouthwest Asia$45,400,000
BelgiumBrussels$67,613,000
GermanyKaiserlautern Air Base$49,907,000
Ramstein Air
Base$98,762,000
Weisbaden$109,655,000
JapanAtsugi$4,100,000
Iwakuni$34,000,000
Kadena Air
Base$38,792,000
Torri Commo
Station$63,621,000
Yokosuka$10,600,000
Korea, Republic OfCamp
Walker$52,164,000
United KingdomRaf Mildenhall$84,629,000
Royal Air Force
Lakenheath$69,638,000
(c)
Unspecified
classified
Using amounts
appropriated pursuant to the authorization of appropriations in section 2403
and available for military construction projects at unspecified worldwide
locations as specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction projects
for unspecified installations or locations in the amounts set forth in the
following table:
Defense Agencies: Classified
Location Location or InstallationAmount
Worldwide
ClassifiedClassified Worldwide Locations$15,000,000
2402.
Authorized energy
conservation projects
(a)
Inside the
united states
Using amounts
appropriated pursuant to the authorization of appropriations in section 2403
and available for energy conservation projects inside the United States as
specified in the funding table in section 4601, the Secretary of Defense may
carry out energy conservation projects under
chapter 173 of title 10,
United States Code, for the installations or locations inside the United
States, and in the amounts, set forth in the following table:
Energy Conservation Projects: Inside the United
States
StateInstallation
or LocationAmount
AlabamaAnniston Army Depot$2,700,000
CaliforniaMCAS Miramar$17,968,000
Parks DRTA$4,150,000
FloridaNAS Jacksonville$2,840,000
HawaiiCamp Smith$7,966,000
Hickam$3,100,000
Hickam$3,000,000
IndianaMt. Home$2,630,000
KansasTokepka Readiness Center$2,050,000
MassachusettsDevens$2,600,000
New YorkUS Military Academy$3,200,000
South CarolinaShaw$2,500,000
TexasNAS Corpus Christi$2,340,000
Sheppard$3,779,000
Laughlin$2,800,000
UtahDugway Proving Ground$9,966,000
Tooele Army
Depot$5,900,000
Tooele Army
Depot$5,500,000
Tooele Army
Depot$4,300,000
VirginiaNSA Hampton Roads$4,060,000
Pentagon$2,120,000
Various LocationsVarious
Locations$20,476,000
(b)
Outside the
united states
Using amounts
appropriated pursuant to the authorization of appropriations in section 2403
and available for energy conservation projects outside the United States as
specified in the funding table in section 4601, the Secretary of Defense may
carry out energy conservation projects under
chapter 173 of title 10,
United States Code, for the installations or locations outside the United
States, and in the amounts, set forth in the following table:
Energy Conservation Projects: Outside the United
States
CountryInstallation
or LocationAmount
ItalyNAS Sigonella$3,300,000
JapanCFA Sasebo$14,766,000
JapanYokota$5,674,000
GermanyRamstein$2,140,000
GreenlandThule$5,175,000
Various LocationsVarious
Locations$3,000,000
2403.
Authorization
of appropriations, Defense Agencies
Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2013, for military
construction, land acquisition, and military family housing functions of the
Department of Defense (other than the military departments), as specified in
the funding table in section 4601.
B
Chemical
Demilitarization Authorizations
2411.
Authorization
of appropriations, chemical demilitarization construction,
defense-wide
Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30,
2013, for military construction and land acquisition for chemical
demilitarization, as specified in the funding table in section 4601.
XXV
North Atlantic
Treaty Organization Security Investment Program
2501.
Authorized
NATO construction and land acquisition projects
The Secretary of Defense may make
contributions for the North Atlantic Treaty Organization Security Investment
Program as provided in
section
2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the United
States.
2502.
Authorization
of appropriations, NATO
Funds
are hereby authorized to be appropriated for fiscal years beginning after
September 30, 2013, for contributions by the Secretary of Defense under
section
2806 of title 10, United States Code, for the share of the
United States of the cost of projects for the North Atlantic Treaty
Organization Security Investment Program authorized by section 2501 as
specified in the funding table in section 4601.
XXVI
Guard and
Reserve Forces Facilities
A
Project
Authorizations and Authorization of Appropriations
2601.
Authorized
Army National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the
authorization of appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the United
States, and in the amounts, set forth in the following table:
Army National Guard: Inside the United
States
StateLocationAmount
AlabamaDecatur$4,000,000
ArkansasFort
Chaffee$21,000,000
FloridaPinellas
Park$5,700,000
IllinoisKankakee$42,000,000
MassachusettsCamp
Edwards$19,000,000
MichiganCamp
Grayling$17,000,000
MinnesotaStillwater$17,000,000
MissouriMacon$9,100,000
Whiteman
AFB$5,000,000
MississippiCamp
Shelby$3,000,000
Pascagoula$4,500,000
New YorkNew
York$31,000,000
OhioRavenna Army Ammunition
Plant$5,200,000
PennsylvaniaFort
Indiantown Gap$40,000,000
Puerto RicoCamp
Santiago$5,600,000
South CarolinaGreenville$26,000,000
TexasFort Worth$14,270,000
WyomingAfton$10,200,000
2602.
Authorized
Army Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the
authorization of appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United States,
and in the amounts, set forth in the following table:
Army Reserve
StateLocationAmount
CaliforniaCamp Parks$17,500,000
Fort Hunter
Liggett$16,500,000
MarylandBowie$25,500,000
North CarolinaFort Bragg$24,500,000
New JerseyJoint Base
Mcguire-Dix-Lakehurst$36,200,000
New YorkBullville$14,500,000
WisconsinFort Mccoy$23,400,000
2603.
Authorized
Navy Reserve and Marine Corps Reserve construction and land acquisition
projects
Using amounts appropriated pursuant to the
authorization of appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve locations
inside the United States, and in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
StateLocationAmount
CaliforniaMarch Air Force Base$11,086,000
MissouriKansas City$15,020,000
TennesseeMemphis$4,330,000
2604.
Authorized Air
National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the
authorization of appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out military
construction projects for the Air National Guard locations inside the United
States, and in the amounts, set forth in the following table:
Air National Guard
StateLocationAmount
AlabamaBirmingham International
Airport$8,500,000
IndianaHulman Regional
Airport$7,300,000
MontanaGreat Falls International
Airport$22,000,000
New YorkFort Drum, New York$4,700,000
OhioSpringfield
Beckley-Map$7,200,000
PennsylvaniaFort Indiantown Gap$7,700,000
Rhode IslandQuonset State Airport$6,000,000
TennesseeMcghee-Tyson Airport$18,000,000
2605.
Authorized Air
Force Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the
authorization of appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out military
construction projects for the Air Force Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Air Force Reserve
StateLocationAmount
CaliforniaMarch Air Force Base$19,900,000
FloridaHomestead Air Reserve Base$9,800,000
OklahomaTinker Air Force Base$12,200,000
2606.
Authorization
of appropriations, National Guard and Reserve
Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2013, for the costs
of acquisition, architectural and engineering services, and construction of
facilities for the Guard and Reserve Forces, and for contributions therefor,
under
chapter 1803 of title 10,
United States Code (including the cost of acquisition of land for those
facilities), as specified in the funding table in section 4601.
B
Other
Matters
2611.
Modification
of authority to carry out certain fiscal year 2013 project
In the case of the authorization contained
in the table in section 2603 of the Military Construction Authorization Act for
Fiscal Year 2013 (division B of
Public Law
112–239; 126 Stat. 2135) for Fort Des Moines, Iowa, for
construction of a Joint Reserve Center at that location, the Secretary of the
Navy may, instead of constructing a new facility at Camp Dodge, acquire up to
approximately 20 acres to construct a Joint Reserve Center and associated
supporting facilities in the greater Des Moines, Iowa, area using amounts
appropriated for the project pursuant to the authorization of appropriations in
section 2606 of such Act (126 Stat. 2136).
2612.
Extension of
authorizations of certain fiscal year 2011 projects
(a)
Extension
Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2011 (division B of
Public Law
111–383; 124 Stat. 4436), the authorizations set forth in the
table in subsection (b), as provided in sections 2601, 2602, and 2604 of that
Act (124 Stat. 4452, 4453, 4454), shall remain in effect until October 1, 2014,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2015, whichever is later.
(b)
Table
The
table referred to in subsection (a) is as follows:
Extension of 2011 National Guard and Reserve Project
Authorizations
StateInstallation
or LocationProjectAmount
Puerto
RiceCamp
SantiagoMulti Purpose Machine Gun Range$9,200,000
TennesseeNashville International
AirportIntelligence Group and Remotely
Piloted Aircraft Remote Split Operations Group$5,500,000
VirginiaFort StoryArmy Reserve
Center$11,000,000
XXVII
Base
Realignment and Closure Activities
A
Authorization of
Appropriations
2701.
Authorization
of appropriations for base realignment and closure activities funded through
Department of Defense Base Closure Account
Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2013, for base
realignment and closure activities, including real property acquisition and
military construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of
Public Law
101–510;
10 U.S.C.
2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by section
2711 of the Military Construction Authorization Act for Fiscal Year 2013
(division B of Public Law 112–239; 126 Stat.
2140)), as specified in the funding table in section 4601.
B
Other
Matters
2711.
Prohibition on
conducting additional Base Realignment and Closure (BRAC) round
Nothing in this Act shall be construed to
authorize an additional Base Realignment and Closure (BRAC) round, and none of
the funds appropriated pursuant to the authorization of appropriations
contained in this Act may be used to propose, plan for, or execute an
additional BRAC round.
2712.
Elimination of
quarterly certification requirement regarding availability of military health
care in National Capital Region
Section 1674(c) of the Wounded Warrior Act
(title XVI of Public Law 110–181; 122 Stat. 483)
is amended by striking on a quarterly basis.
2713.
Consideration
of the value of services provided by a local community to the Armed Forces as
part of the economic analysis in making base realignment or closure
decisions
As part of the
economic analysis conducted in making any base realignment or closure decision
under section
2687 of title 10, United States Code, or other base realignment
or closure authority, or in making any decision under section 993 of such title
to reduce the number of members of the armed forces assigned at a military
installation, the Secretary of Defense shall include an accounting of the value
of services, such as schools, libraries, and utilities, as well as land,
structures, and access to infrastructure, such as airports and seaports, that
are provided by the local community to the military installation and that
result in cost savings for the Armed Forces.
XXVIII
Military
Construction General Provisions
A
Military
Construction Program and Military Family Housing Changes
2801.
Modification
of authority to carry out unspecified minor military construction
(a)
Increased
threshold for application of Secretory approval and congressional notification
requirements
Subsection
(b)(1) of section
2805 of title 10, United States Code, is amended by striking
$750,000 and inserting $1,000,000.
(b)
Increase in
maximum amount of operation and maintenance funds authorized to be used for
certain projects
Subsection
(c)(1)(B) of such section is amended by striking $750,000 and
inserting $1,000,000.
(c)
Annual location
adjustment of dollar limitations
Such section is further amended by adding
at the end the following new subsection:
(f)
Adjustment of
dollar limitations for location
Each fiscal year, the Secretary concerned
shall adjust the dollar limitations specified in this section applicable to an
unspecified minor military construction project to reflect the area
construction cost index for military construction projects published by the
Department of Defense during the prior fiscal year for the location of the
project.
.
(d)
Modification and
extension of authority for laboratory revitalization projects
(1)
In
general
Subsection (d) of
section
2805 of title 10, United States Code, is amended—
(A) in paragraph
(1)(A), by striking not more than $2,000,000 and inserting
not more than $4,000,000, notwithstanding subsection (c);
(B) in paragraph (2),
by striking the first sentence and inserting the following: For purposes
of this subsection, an unspecified minor military construction project is a
military construction project that (notwithstanding subsection (a)) has an
approved cost equal to or less than $4,000,000.; and
(C) in paragraph (5),
by striking 2016 and inserting 2020.
(2)
Application to
current projects
The
amendments made by paragraph (1) do not apply to any laboratory revitalization
project for which the design phase has been completed as of the date of the
enactment of this Act.
2802.
Repeal of
requirements for local comparability of room patterns and floor areas for
military family housing and submission of net floor area information
(a)
Repeal
Section 2826 of title 10, United
States Code, is repealed.
(b)
Clerical
amendment
The table of
sections at the beginning of subchapter II of chapter 169 of such title is
amended by striking the item relating to section 2826.
2803.
Repeal of separate
authority to enter into limited partnerships with private developers of
housing
(a)
Repeal
(1)
In
general
Section 2837 of
title 10, United States Code, is repealed.
(2)
Clerical
amendment
The table of sections at the beginning of subchapter II
of chapter 169 of such title is amended by striking the item relating to
section 2837.
(b)
Effect on
existing contracts
The repeal
of section
2837 of title 10, United States Code, shall not affect the
validity or terms of any contract in connection with a limited partnership
under subsection (a) or a collateral incentive agreement under subsection (b)
of such section entered into before the date of the enactment of this
Act.
(c)
Effect on
defense housing investment account
Any unobligated amounts remaining in the
Defense Housing Investment Account on the date of the enactment of this Act
shall be transferred to the Department of Defense Family Housing Improvement
Fund. Amounts transferred shall be merged with amounts in such fund and shall
be available for the same purposes, and subject to the same conditions and
limitations, as amounts in such fund.
2804.
Military
construction standards to reduce vulnerability of structures to terrorist
attack
Section 2859(a)(2)
of title 10, United States Code, is amended by striking develop
construction standards designed and inserting develop
construction standards that, taking into consideration the probability of a
terrorist attack, are designed.
2805.
Treatment of
payments received for providing utilities and services in connection with use
of alternative authority for acquisition and improvement of military
housing
(a)
Crediting of
payments
Section
2872a(c)(2) of title 10, United States Code, is amended by
striking from which the cost of furnishing the utilities or services
concerned was paid and inserting available to the Secretary
concerned to furnish utilities or services under subsection (a).
(b)
Application of
amendment
The amendment made
by subsection (a) shall apply only with respect to cash payments received under
subsection (c)(1) of
section
2872a of title 10, United States Code, as reimbursement for
utilities or services furnished, after the date of the enactment of this Act,
under subsection (a) of such section.
2806.
Repeal of advance
notification requirement for use of military housing investment
authority
Section 2875 of
title 10, United States Code, is amended by striking subsection (e).
2807.
Additional element
for annual report on military housing privatization projects
Section 2884(c)(3)
of title 10, United States Code, is amended by inserting before the period at
the end the following: , to specifically include any variances
associated with litigation costs.
2807A.
Department of
Defense report on Military Housing Privatization Initiative
Not later than 90 days after enactment of
this Act, the Secretary of Defense shall issue a report to Congress on the
Military Housing Privatization Initiative under subchapter IV of
chapter 169 of title 10,
United States Code. The report shall include the details of any project where
the project owner has outstanding local, county, city, town or State tax
obligations dating back over 12 months, as determined by a final judgment by a
tax authority.
2808.
Extension of
temporary, limited authority to use operation and maintenance funds for
construction projects in certain areas outside the United States
Section 2808(h) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of
Public Law
108–136; 117 Stat. 1723), as most recently amended by section
2804 of the Military Construction Authorization Act for Fiscal Year 2013
(division B of Public Law 112–239; 126 Stat. 2149),
is further amended—
(1) in paragraph (1),
by striking September 30, 2013 and inserting September
30, 2014; and
(2) in paragraph (2),
by striking fiscal year 2014 and inserting fiscal year
2015.
2809.
Development of
master plans for major military installations
Section 2864 of
title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking
At a time and inserting (1) At a time; and
(B) by adding at the
end the following new paragraph:
(2) To address the requirements under paragraph
(1), each installation master plan shall include consideration of—
(A) planning for compact and infill
development;
(B) horizontal and vertical mixed-use
development;
(C) the full lifecycle costs of planning
decisions;
(D) healthy communities with a focus on
walking, running and biking infrastructure, pedestrian and cycling plans, and
community green and garden space; and
(E) capacity planning through the
establishment of growth boundaries around cantonment areas to focus development
towards the core and preserve range and training
space.
.
(2) in subsection
(b)—
(A) by striking
The transportation and inserting (1) The
transportation; and
(B) by adding at the
end the following new paragraph:
(2) To address the requirements under
subsection (a) and paragraph (1), each installation master plan shall include
consideration of ways to diversify and connect transit systems that do not
neglect the pedestrian realm and enable safe walking or biking.
;
(3) by redesignating
subsection (c) as subsection (e); and
(4) by inserting after
subsection (b) the following new subsections:
(c)
Vertical mixed
uses
A master plan for a
major military installation shall be designed to strongly multi-story,
mixed-use facility solutions that are sited in walkable complexes so as to
avoid, when reasonable, single-purpose, inflexible facilities that are sited in
a sprawling manner. Vertical mixed-use infrastructure can integrate government,
non-government, or jointly financed construction within a single unit.
(d)
Savings
clause
Nothing in this section shall supercede the requirements
of section 2859(a) of this
title.
.
B
Real Property and
Facilities Administration
2811.
Codification of
policies and requirements regarding closure and realignment of United States
military installations in foreign countries
(a)
Redesignation of
existing reporting requirement
Section 2687a of title 10, United
States Code, is amended—
(1) by redesignating
paragraphs (1) and (2) of subsection (a) as subparagraphs (A) and (B),
respectively;
(2) by redesignating paragraphs (1), (2), and
(3) of subsection (b) as subparagraphs (A), (B), and (C), respectively, and in
subparagraph (A), as redesignated, by striking subsection (a)(2)
and inserting paragraph (1)(B);
(3) by striking
(b) Report
elements.—A report under subsection (a) and inserting
(2) A report under paragraph (1); and
(4) by striking
(a) Annual status
report.—and inserting (b)
Annual report on status of
overseas closures and realignments and master
plans.—(1).
(b)
Transfer of
provisions
(1)
Sense of
congress
Subsection (a) of
section 2921 of the National Defense Authorization Act for Fiscal Year 1991
(Public Law
101–510;
10 U.S.C.
2687 note)—
(A) is transferred to
section
2687a of title 10, United States Code; and
(B) is inserted after
the heading of such section as subsection (a).
(2)
Other
provisions
Subsections (c),
(d), (f), and (g) of such section 2921—
(A) are transferred to
section
2687a of title 10, United States Code;
(B) are inserted at the end of such section in
that order; and
(C) are redesignated
as subsections (c), (d), (e), and (f) of such section; respectively.
(3)
Definitions
Section 2687a of title 10, United
States Code, is further amended by adding after subsection (f), as added and
redesignated by paragraph (2), the following new subsection:
(g)
Definitions
In this section:
(1) The term fair market value of the
improvements means the value of improvements determined by the
Secretary of Defense on the basis of their highest use.
(2) The term
improvements includes new construction of facilities and all
additions, improvements, modifications, or renovations made to existing
facilities or to real property, without regard to whether they were carried out
with appropriated or nonappropriated
funds.
.
(c)
Conforming
amendments
Section 2687a of
title 10, United States Code, is further amended—
(1) in subsection (c),
as transferred and redesignated by subsection (b)(2)—
(A) in paragraph
(1)—
(i) by
striking Establishment
of;
(ii) by
striking the first sentence; and
(iii) in
the second sentence, by striking such account and inserting
the Department of Defense Overseas Military Facility Investment Recovery
Account; and
(B) in paragraph
(2)(B), by striking Armed Forces and inserting armed
forces;
(2) in subsection (d), as transferred and
redesignated by subsection (b)(2)—
(A) in paragraph (1),
by inserting (Public Law 100–526;
10 U.S.C.
2687 note) after Realignment Act;
and
(B) in paragraph
(2)—
(i) in
subparagraph (A)(i), by striking section 2685 of title 10, United States
Code and inserting section 2685 of this title;
and
(ii) in paragraph (2), by striking Armed
Forces both places it appears and inserting armed
forces; and
(3) in subsection (f), as transferred and
redesignated by subsection (b)(2), by striking section 480 of title 10,
United States Code in paragraph (3) and inserting section 480 of
this title 10.
(d)
Repeal of
superseded provisions
(1)
Repeal
Section 2921 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101–510;
10 U.S.C.
2687 note) is repealed.
(2)
Treatment of
special account
The repeal of
such section shall not affect the Department of Defense Overseas Military
Facility Investment Recovery Account established by subsection (c)(1) of such
section, amounts in such account, or the continued use of such account as
provided in section
2687a of title 10, United States Code, as amended by this
section.
2812.
Report on
utilization of Department of Defense real property
(a)
Report
required
Not later than 180
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the utilization of real property across
the Department of Defense.
(b)
Elements of
report
The report required by subsection (a) shall describe the
following:
(1) The strategy of
the Department of Defense for maximizing utilization of existing facilities,
progress implementing this strategy, and obstacles to implementing this
strategy.
(2) The efforts of the Department of Defense to
systematically collect, process, and analyze data on real property utilization
to aid in the planning and implementation of the strategy referred to in
paragraph (1).
(3) The number of underutilized Department
facilities, to be defined as facilities rated less than 66 percent utilization,
and unutilized Department facilities, to be defined as facilities rated at zero
percent utilization, in the Real Property Inventory Database of the Department
of Defense.
(4) The annual cost of
maintaining and improving such underutilized and unutilized Department
facilities.
(5) The efforts of the Department of Defense to
dispose of underutilized and unutilized facilities.
(c)
Classified
annex
The report required by
subsection (a) may include a classified annex if necessary to fully describe
the matters required by subsection (b).
2813.
Conditions on
Department of Defense expansion of Piñon Canyon Maneuver Site, Fort Carson,
Colorado
(a)
Findings
Congress finds the following:
(1) Following Japan’s attack on Pearl Harbor,
Fort Carson was established in 1942 and has since been a vital contributor to
our Nation’s defense and a valued part of the State of Colorado.
(2) The units at Fort Carson have served with a
great honor and distinction in the current War on Terror.
(3) The current Piñon Canyon Maneuver Site near
Fort Carson, Colorado, plays an important role in training our men and women in
uniform so they are as prepared and effective as possible before going off to
war.
(b)
Conditions on
expansion
The Secretary of
Defense and the Secretary of the Army may not acquire any land to expand the
size of the Piñon Canyon Maneuver Site near Fort Carson, Colorado, unless each
of the following occurs:
(1) The land
acquisition is specifically authorized in an Act of Congress enacted after the
date of the enactment of this Act.
(2) Funds are
specifically appropriated for the land acquisition.
(3) The Secretary of Defense or the Secretary
of the Army, as the case may be, completes an environmental impact statement
with respect to the land acquisition.
C
Energy
Security
2821.
Continuation of
limitation on use of funds for Leadership in Energy and Environmental Design
(LEED) gold or platinum certification
Section 2830(b)(1) of the Military
Construction Authorization Act for Fiscal Year 2012 (division B of
Public Law
112–81; 125 Stat. 1695), as amended by section 2823(b) of the
Military Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law
112–239; 126 Stat. 2153), is amended by striking or
2013 and inserting , 2013, or 2014.
D
Provisions Related
to Asia-Pacific Military Realignment
2831.
Change from
previous calendar year to previous fiscal year for period covered by annual
report of Interagency Coordination Group of Inspectors General for Guam
Realignment
Section 2835(e)(1)
of the Military Construction Authorization Act for Fiscal Year 2010
(Public Law
111–84;
10 U.S.C.
2687 note) is amended in the first sentence by striking
calendar year and inserting fiscal year.
2832.
Repeal of
certain restrictions on realignment of Marine Corps forces in Asia-Pacific
region
Section 2832 of the
Military Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law
112–239; 126 Stat. 2155) is repealed.
E
Land
Conveyances
2841.
Real property
acquisition, Naval Base Ventura County, California
(a)
Authority
The Secretary of the Navy may acquire all
right, title, and interest in and to real property, including improvements
thereon, located at Naval Base Ventura County, California, that was initially
constructed under the former
section
2828(g) of title 10, United States Code (commonly known as the
Build to Lease program), as added by section 801 of the Military
Construction Authorization Act, 1984 (Public Law 98–115; 97 Stat
782).
(b)
Use
Upon
acquiring the real property under subsection (a), the Secretary of the Navy may
use the improvements as provided in sections
2835
and 2835a of title 10, United States
Code.
2842.
Land conveyance,
former Oxnard Air Force Base, Ventura County, California
(a)
Conveyance
authorized
The Secretary of
the Navy may convey, without consideration, to Ventura County, California (in
this section referred to as the County), all right, title, and
interest of the United States in and to the real property, including any
improvements thereon, consisting of former Oxnard Air Force Base for the
purpose of permitting the County to use the property for public
purposes.
(b)
Payment of costs
of conveyance
(1)
Payment
required
The Secretary of the
Navy shall require the County to cover costs (except costs for environmental
remediation of the property) to be incurred by the Secretary, or to reimburse
the Secretary for such costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including survey costs, costs for
environmental documentation, and any other administrative costs related to the
conveyance. If amounts are collected from the County in advance of the
Secretary incurring the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the County.
(2)
Treatment of
amounts received
Amounts received as reimbursement under
paragraph (1) shall be credited to the fund or account that was used to cover
those costs incurred by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(c)
Description of
property
The exact acreage
and legal description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Navy.
(d)
Additional
terms
The Secretary of the
Navy may require such additional terms and conditions in connection with the
conveyance as the Secretary considers appropriate to protect the interests of
the United States.
2843.
Land
conveyance, Philadelphia Naval Shipyard, Philadelphia, Pennsylvania
(a)
Conveyance
authorized
The Secretary of
the Navy may convey to the Philadelphia Regional Port Authority (in this
section referred to as the Port Authority) all right, title, and
interest of the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately .595 acres located at the
Philadelphia Naval Shipyard, Philadelphia, Pennsylvania. The Secretary may void
any land use restrictions associated with the property to be conveyed under
this subsection.
(b)
Consideration
(1)
Amount and
determination
As
consideration for the conveyance under subsection (a), the Port Authority shall
pay to the Secretary of the Navy an amount that is not less than the fair
market value of the property conveyed, as determined by the Secretary. The
Secretary’s determination of fair market value shall be final. In lieu of all
or a portion of cash payment of consideration, the Secretary may accept in-kind
consideration.
(2)
Treatment of
cash consideration
The Secretary shall deposit any cash payment
received under paragraph (1) in the special account in the Treasury established
for that Secretary under subsection (e) of
section
2667 of title 10, United States Code. The entire amount
deposited shall be available for use in accordance with paragraph (1)(D) of
such subsection.
(c)
Payment of costs
of conveyance
(1)
Payment
required
The Secretary of the
Navy shall require the Port Authority to reimburse the Secretary to cover costs
(except costs for environmental remediation of the property) to be incurred by
the Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and any other
administrative costs related to the conveyance. If amounts are collected in
advance of the Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the Port
Authority.
(2)
Treatment of
amounts received
Amounts received as reimbursement under
paragraph (1) shall be credited to the fund or account that was used to cover
those costs incurred by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(d)
Compliance with
environmental laws
Nothing in this section shall be construed to
affect or limit the application of, or any obligation to comply with, any
environmental law, including the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(e)
Description of
property
The exact acreage and legal description of the parcel of
real property to be conveyed under subsection (a) shall be determined by a
survey satisfactory to the Secretary of the Navy.
(f)
Additional terms
and conditions
The Secretary of the Navy may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the interests
of the United States.
2844.
Land
conveyance, Camp Williams, Utah
(a)
Conveyance
required
Not later than 120
days after the date of the enactment of this Act, the Secretary of the
Interior, acting through the Bureau of Land Management, shall convey, without
consideration, to the State of Utah all right, title, and interest of the
United States in and to certain lands comprising approximately 420 acres, as
generally depicted on a map entitled Proposed Camp Williams Land
Transfer and dated June 14, 2011, which are located within the
boundaries of the public lands currently withdrawn for military use by the Utah
National Guard and known as Camp Williams, Utah, for the purpose of permitting
the Utah National Guard to use the conveyed land as provided in subsection
(c).
(b)
Supersedence of
executive order
Executive
Order No. 1922 of April 24, 1914, as amended by section 907 of the Camp W.G.
Williams Land Exchange Act of 1989 (title IX of
Public Law
101–628; 104 Stat. 4501), is hereby superseded, only insofar as
it affects the lands identified for conveyance to the State of Utah under
subsection (a).
(c)
Reversionary
interest
The lands conveyed
to the State of Utah under subsection (a) shall revert to the United States if
the Secretary of Defense determines that the land, or any portion thereof, is
sold or attempted to be sold, or that the land, or any portion thereof, is used
for non-National Guard or non-national defense purposes.
(d)
Hazardous
materials
With respect to any
portion of the land conveyed under subsection (a) that the Secretary of Defense
determines is subject to reversion under subsection (c), if the Secretary of
Defense also determines that the portion of the conveyed land contains
hazardous materials, the State of Utah shall pay the United States an amount
equal to the fair market value of that portion of the land, and the
reversionary interest shall not apply to that portion of the land.
2845.
Conveyance,
Air National Guard radar site, Francis Peak, Wasatch Mountains, Utah
(a)
Conveyance
authorized
The Secretary of
the Air Force may convey, without consideration, to the State of Utah (in this
section referred to as the State), all right, title, and
interest of the United States in and to the structures, including equipment and
any other personal property related thereto, comprising the Air National Guard
radar site located on Francis Peak, Utah, for the purpose of permitting the
State to use the structures to support emergency public safety communications,
including 911 emergency response service for Northern Utah.
(b)
Payment of Costs
of Conveyance
(1)
Payment
required
The Secretary of the
Air Force may require the State to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary, to carry out
the conveyance under subsection (a), including survey costs, costs related to
environmental documentation, and other administrative costs related to the
conveyance. If amounts paid to the Secretary in advance exceed the costs
actually incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the State.
(2)
Treatment of
amounts received
Amounts received as reimbursement under
paragraph (1) shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(c)
Description of
Property
The exact inventory of equipment and other personal
property to be conveyed under subsection (a) shall be determined by the
Secretary of the Air Force.
(d)
Time of
conveyance
The conveyance under this section shall occur as soon
as practicable after the date of the enactment of this Act. Until such time as
the conveyance occurs, the Secretary of the Air Force shall take no action with
regard to the structures described in subsection (a) that will result in the
likely disruption of emergency communications by the State and local
authorities.
(e)
Additional Terms
and Conditions
The Secretary of the Air Force may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the interests
of the United States.
(f)
Continuation of
land use permit
The
conveyance of the structures under subsection (a) shall not affect the validity
and continued applicability of the land use permit, in effect on the date of
the enactment of this Act, that was issued by the Forest Service for placement
and use of the structures.
(g)
Duration of
authority
The authority to
make a conveyance under this section shall expire on the later of—
(1) September 30,
2014; or
(2) the date of the
enactment of an Act authorizing funds for military construction for fiscal year
2015.
2846.
Land
conveyance, former Fort Monroe, Hampton, Virginia
(a)
Sense of
congress regarding need for conveyance
It is the sense of
Congress that—
(1) the historic
features of former Fort Monroe in Hampton, Virginia, are being degraded because
of the lack of Department of the Army facility sustainment associated with the
former Fort Monroe; and
(2) it is in the best
interest of the Secretary of the Army and the Commonwealth of Virginia (in this
section referred to as the Commonwealth) to expeditiously
convey, consistent with the Fort Monroe Reuse Plan and the Programmatic
Agreement dated April 27, 2009, certain portions of former Fort Monroe to the
Commonwealth.
(b)
Conveyance
authorized
Pursuant to 2905(b)(4) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of
Public Law
101–510;
10 U.S.C.
2687 note), the Secretary of the Army shall convey to the
Commonwealth all right, title, and interest of the United States in and to
approximately 70.431 acres of real property at former Fort Monroe depicted as
areas 4–1 and 4–2 on the map titled Plat Showing 8 Parcels of Land
Totaling +/-564.519 Acres Situated on Fort Monroe, Virginia, Boundary
Survey, prepared by the Norfolk District, Army Corps of Engineers, and
dated August 17, 2009 (in this section referred to as the
Map).
(c)
Timing of
conveyance
The Secretary of the Army shall exercise the authority
provided by subsection (b) only concurrent, as near in time as possible, with
the reversion to the Commonwealth of approximately 371.77 acres of property
depicted as areas 3 and 5 on the Map.
(d)
Conditions of
conveyance
As a condition of the conveyance of real property
under subsection (b)—
(1) the Commonwealth
shall enter into an agreement with the Secretary of the Army to share equally
with the United States, after conveyance of property areas 4–1 and 4–2, the net
proceeds derived from any subsequent conveyance of these parcels to third-party
buyers or from any lease of areas 4–1 or 4–2, payable over a period of seven
years following the conveyance by the Secretary;
(2) the parties shall
agree to transfer authority over the utility systems at Fort Monroe to the
Commonwealth in return for receiving service on the same relative terms and
conditions that the Department of the Army provided service during its
ownership of the utilities; and
(3) the Secretary will
resolve all issues with Dominion Virginia Power and will be responsible for
maintaining electrical service in its name until such resolution has been
obtained.
(e)
Savings
provision
Nothing in this section shall be construed to affect or
limit the application of, or any obligation to comply with, any environmental
law, including the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f)
Additional terms
and conditions
The parties
may agree to such additional terms and conditions in connection with the
conveyance under this section as the parties consider appropriate to protect
their respective interests.
2847.
Land conveyance,
Mifflin County United States Army Reserve Center, Lewistown,
Pennsylvania
(a)
Conveyance
authorized
The Secretary of the Army may convey, without
consideration, to Derry Township, Pennsylvania (in this section referred to as
the Township), all right, title, and interest of the United
States in and to a parcel of real property, including any improvements thereon
and improvements related thereto, consisting of approximately 4.52 acres and
containing the Mifflin County Army Reserve Center located at 73 Reserve Lane,
Lewistown, Pennsylvania (parcel number 16,01–0113J), for the purpose of
permitting the Township to use the parcel for a regional police headquarters or
other public purposes.
(b)
Interim
lease
Until such time as the real property described in
subsection (a) is conveyed to the Township, the Secretary may lease the
property to the Township.
(c)
Payment of costs
of conveyance
(1)
Payment
required
The Secretary shall require the Township to cover costs
(except costs for environmental remediation of the property) to be incurred by
the Secretary, or to reimburse the Secretary for such costs incurred by the
Secretary, to carry out the conveyance under subsection (a), including survey
costs, costs for environmental documentation, and any other administrative
costs related to the conveyance. If amounts are collected from the Township in
advance of the Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the
Township.
(2)
Treatment of
amounts received
Amounts received as reimbursement under
paragraph (1) shall be credited to the fund or account that was used to cover
those costs incurred by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(d)
Conditions of
conveyance
The conveyance of
the real property under subsection (a) shall be subject to the condition that
the Township not use any Federal funds to cover—
(1) any portion of the
conveyance costs required by subsection (c) to be paid by the Township;
or
(2) to cover the costs
for the design or construction of any facility on the property.
(e)
Description of
property
The exact acreage and legal description of the property
to be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary.
(f)
Additional
terms
The Secretary may require such additional terms and
conditions in connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of the United
States.
F
Other
Matters
2861.
Repeal of annual
Economic Adjustment Committee reporting requirement
Subsection (d) of section 4004 of the
Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act
of 1990 (division D of
Public Law
101–510;
10 U.S.C.
2391 note), as amended by section 4212(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 106 Stat. 2664), is further amended—
(1) by inserting
and at the end of paragraph (1);
(2) by striking ; and at the end
of paragraph (2) and inserting a period; and
(3) by striking
paragraph (3).
2862.
Redesignation
of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye
Asia-Pacific Center for Security Studies
(a)
Redesignation
The Department of Defense regional center
for security studies known as the Asia-Pacific Center for Security Studies is
hereby renamed the Daniel K. Inouye Asia-Pacific Center for Security
Studies.
(b)
Conforming
amendments
(1)
Reference to
regional centers for strategic studies
Section 184(b)(2)(B)
of title 10, United States Code, is amended by striking Asia-Pacific
Center for Security Studies and inserting Daniel K. Inouye
Asia-Pacific Center for Security Studies.
(2)
Acceptance of
gifts and donations
Section 2611(a)(2)(B) of such title is
amended by striking Asia-Pacific Center for Security Studies and
inserting Daniel K. Inouye Asia-Pacific Center for Security
Studies.
(c)
References
Any reference to the Department of Defense
Asia-Pacific Center for Security Studies in any law, regulation, map, document,
record, or other paper of the United States shall be deemed to be a reference
to the Daniel K. Inouye Asia-Pacific Center for Security Studies.
2863.
Redesignation
of the Graduate School of Nursing at the Uniformed Services University of the
Health Sciences as the Daniel K. Inouye Graduate School of Nursing
(a)
Redesignation
The Graduate School of Nursing at the
Uniformed Services University of the Health Sciences is hereby renamed the
Daniel K. Inouye Graduate School of Nursing.
(b)
References
Any reference to the Graduate School of
Nursing at the Uniformed Services University of the Health Sciences in any law,
regulation, map, document, record, or other paper of the United States shall be
deemed to be a reference to the Daniel K. Inouye Graduate School of
Nursing.
2864.
Renaming site of
the Dayton Aviation Heritage National Historical Park, Ohio
Section 101(b)(5) of the Dayton Aviation
Heritage Preservation Act of 1992 (16 U.S.C.
410ww(b)(5)) is amended by striking Aviation
Center and inserting National Museum.
2865.
Designation of
Distinguished Flying Cross National Memorial in Riverside, California
(a)
Findings
Congress finds the following:
(1) The most reliable statistics regarding the
number of members of the Armed Forces who have been awarded the Distinguished
Flying Cross indicate that 126,318 members of the Armed Forces received the
medal during World War II, approximately 21,000 members received the medal
during the Korean conflict, and 21,647 members received the medal during the
Vietnam War. Since the end of the Vietnam War, more than 203 Armed Forces
members have received the medal in times of conflict.
(2) The National Personnel Records Center in
St. Louis, Missouri, burned down in 1973, and thus many more recipients of the
Distinguished Flying Cross may be undocumented. Currently, the Department of
Defense continues to locate and identify members of the Armed Forces who have
received the medal and are undocumented.
(3) The United States currently lacks a
national memorial dedicated to the bravery and sacrifice of those members of
the Armed Forces who have distinguished themselves by heroic deeds performed in
aerial flight.
(4) An appropriate memorial to current and
former members of the Armed Forces is under construction at March Field Air
Museum in Riverside, California.
(5) This memorial will honor all those members
of the Armed Forces who have distinguished themselves in aerial flight, whether
documentation of such members who earned the Distinguished Flying Cross exists
or not.
(b)
Designation
The memorial to members of the Armed Forces
who have been awarded the Distinguished Flying Cross, located at March Field
Air Museum in Riverside, California, is hereby designated as the Distinguished
Flying Cross National Memorial.
(c)
Effect of
designation
The national
memorial designated by this section is not a unit of the National Park System,
and the designation of the national memorial shall not be construed to require
or permit Federal funds to be expended for any purpose related to the national
memorial.
2866.
Establishment
of military divers memorial at Washington Navy Yard
(a)
Memorial
authorized
Consistent with
the sense of the Congress expressed in section 2855 of the National Defense
Authorization Act for Fiscal Year 2013, the Secretary of the Navy may permit a
third party to establish and maintain, at a suitable location at the former
Navy Dive School at the Washington Navy Yard in the District of Columbia, a
memorial to honor the members of the United States Armed Forces who have served
as divers and whose service in defense of the United States has been carried
out beneath the waters of the world.
(b)
Location and
design of monument
The actual
location at the Washington Navy Yard for the memorial authorized by subsection
(a) and the final design of the memorial shall be subject to the approval of
the Secretary. In selecting the site to serve as the location for the memorial,
the Secretary shall seek to maximize visitor access to the memorial.
(c)
Military
support
The Secretary shall
provide military ceremonial support at the dedication of the memorial
authorized by subsection (a).
(d)
Use of federal
funds prohibited
Federal
funds may not be used to design, procure, prepare, install, or maintain the
memorial authorized by subsection (a), but the Secretary may accept and expend
contributions of non-Federal funds and resources for such purposes.
2867.
Inclusion of
emblems of belief as part of military memorials
(a)
Inclusion of
emblems of belief authorized
Chapter 21 of title 36,
United States Code, is amended by adding at the end the following:
2115.
Inclusion of
emblems of belief as part of military memorials
(a)
Authorized
inclusion
For the purpose of
honoring the sacrifice of members of the United States Armed Forces, including
those members who make the ultimate sacrifice in defense of the United States,
emblems of belief may be included as part of—
(1) a military
memorial that is established or acquired by the United States Government;
or
(2) a military
memorial that is not established by the United States Government, but for which
the American Battle Monuments Commission cooperated in the establishment of the
memorial.
(b)
Scope of
inclusion
When including
emblems of belief as part of a military memorial, any approved emblem of belief
may be included on such a memorial. The list of approved emblems of belief
shall include, at a minimum, all those emblems of belief authorized by the
National Cemetery Administration.
(c)
Definitions
In
this section:
(1) The terms emblem of belief
and emblems of belief refer to the emblems of belief contained
on the list maintained by the National Cemetery Administration for placement on
Government-provided headstones and markers.
(2) The term
military memorial means a memorial or monument commemorating the
service of the United States Armed Forces. The term includes works of
architecture and art described in section 2105(b) of this
title.
.
(b)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by adding at the end the following:
2115. Inclusion of emblems of belief as
part of military
memorials.
.
XXIX
Overseas
Contingency Operations Military Construction
2901.
Authorized Army
construction and land acquisition project
(a)
Outside the
united states
The Secretary
of the Army may acquire real property and carry out the military construction
project for the installation outside the United States, and in the amount, set
forth in the following table:
Army: Outside the United States
CountryInstallationAmount
CubaGuantanamo Bay$247,400,000
(b)
Use of unobligated prior-year military
construction funds
To carry
out the military construction project set forth in the table in subsection (a),
the Secretary of Defense may make available to the Secretary of the Army
available, unobligated military construction funds appropriated for a fiscal
year before fiscal year 2014.
(c)
Congressional notification
The Secretary of the Army shall provide
information in accordance with
section
2851(c) of title 10, United States Code, regarding the military
construction project set forth in the table in subsection (a). If it becomes
necessary to exceed the estimated project cost, the Secretary shall utilize the
authority provided by section 2853 of such title regarding authorized cost and
scope of work variations.
(d)
Briefing on
infrastructure to support Joint Task Force, Guantanamo
(1)
Briefing
required
The Secretary of
Defense shall brief the congressional defense committees on each of the
following:
(A) A description of
each of the following costs, broken down by fiscal year, for each of fiscal
years 2002 through 2013:
(i) The
costs of constructing the permanent and temporary infrastructure to support the
detention operations at such Naval Station.
(ii) The
costs of facility repair, sustainment, maintenance, and operation of all
infrastructure supporting the detention operations at such Naval
Station.
(iii) The costs of
military personnel, civilian personnel, and contractors associated with the
detention operations at such Naval Station.
(iv) The
costs of operation and maintenance, shown for each military department and
account, associated with carrying out military commissions for individuals
detained at such Naval Station.
(v) The
costs associated with the Office of the Deputy Assistant Secretary of Defense
(Rule of Law and Detainee Policy), the Periodic Review Services, and studies
and task forces funded by the Department of Defense that relate to the
detention operations at such Naval Station.
(vi) Any
other costs associated with supporting the detention operations at such Naval
Station.
(B) A master plan for
the continuation of detention operations by Joint Task Force Guantanamo, at
United States Naval Station, Guantanamo Bay, Cuba, during the time period
beginning on the date of the enactment of this Act and ending on the date of
the 66th birthday of the youngest individual who is detained at United States
Naval Station, Guantanamo Bay, Cuba, on the date of the enactment of this Act,
including—
(i) a description of any infrastructure
projects that the Secretary determines are required for the continuation of
such detention operations, including new requirements and replacement of
existing infrastructure;
(ii) an
estimate of the total military personnel, civilian personnel, and contractor
costs associated with the continuation of such detention operations;
(iii) an estimate of the total operation and
maintenance costs associated with the continuation of such detention
operations;
(iv) an estimate of the total costs associated
with carrying out military commissions for individuals detained at such Naval
Station; and
(v) an estimate of any other costs associated
with the continuation of such detention operations.
(C) A cost estimate,
itemized by construction project, of the infrastructure investments identified
in the master plan described in subparagraph (B).
(D) A detailed
estimate of the annual costs projected to repair, sustain, and maintain the
facilities that are in use by Joint Task Force, Guantanamo, as of the date of
the enactment of this Act, or are identified in the master plan described in
subparagraph (B).
(2)
Presidential
plan
Not later than 120 days
after the date of the enactment of this Act, the President shall submit to the
congressional defense committees a plan describing each of the
following:
(A) The locations to
which the President seeks to transfer individuals detained at Guantanamo who
have been identified for continued detention or prosecution.
(B) The individuals
detained at Guantanamo who the President seeks to transfer to overseas
locations, the overseas locations to which the President seeks to transfer such
individuals, and the conditions under which the President would transfer such
individuals to such locations.
(C) The proposal of
the President for the detention and treatment of individuals captured overseas
in the future who are suspected of being terrorists.
(D) The proposal of
the President regarding the disposition of the individuals detained at the
detention facility at Parwan, Afghanistan, who have been identified as enduring
security threats to the United States.
(E) For any location
in the United States to which the President seeks to transfer such an
individual, estimates of each of the following costs:
(i) The
costs of constructing infrastructure to support detention operations or
prosecution at such location.
(ii) The
costs of facility repair, sustainment, maintenance, and operation of all
infrastructure supporting detention operations or prosecution at such
location.
(iii) The costs of military personnel, civilian
personnel, and contractors associated with the detention operations or
prosecution at such location, including any costs likely to be incurred by
other Federal departments or agencies or State or local governments.
(iv) Any
other costs associated with supporting the detention operations or prosecution
at such location.
XXX
Military Land
Transfers and Withdrawals to Support Readiness and Security
A
Limestone Hills
Training Area, Montana
3001.
Withdrawal and
reservation of public lands for Limestone Hills Training Area, Montana
(a)
Withdrawal
Subject to valid existing rights and except
as provided in this subtitle, the public lands and interests in lands described
in subsection (c), and all other areas within the boundaries of such lands as
depicted on the map provided for by subsection (d) that may become subject to
the operation of the public land laws, are hereby withdrawn from all forms of
appropriation under the public land laws, including the mining laws and the
mineral leasing and geothermal leasing laws.
(b)
Reservation;
purpose
Subject to the
limitations and restrictions contained in section 3003, the public lands
withdrawn by subsection (a) are reserved for use by the Secretary of the Army
for the following purposes:
(1) The conduct of training for active and
reserve components of the Armed Forces.
(2) The construction,
operation, and maintenance of organizational support and maintenance facilities
for component units conducting training.
(3) The conduct of training by the Montana
Department of Military Affairs, except that any such use may not interfere with
purposes specified in paragraphs (1) and (2).
(4) The conduct of training by State and local
law enforcement agencies, civil defense organizations, and public education
institutions, except that any such use may not interfere with military training
activities.
(5) Other
defense-related purposes consistent with the purposes specified in the
preceding paragraphs.
(c)
Land
Description
The public lands
and interests in lands withdrawn and reserved by this section comprise
approximately 18,644 acres in Broadwater County, Montana, as generally depicted
as Proposed Land Withdrawal on the map titled Limestone
Hills Training Area Land Withdrawal, dated April 10, 2013.
(d)
Legal
description and map
(1)
In
general
As soon as
practicable after the date of the enactment of this Act, the Secretary of the
Interior shall publish in the Federal Register a legal description of the
public land withdrawn under subsection (a) and a copy of a map depicting the
legal description of the withdrawn land.
(2)
Force of
law
The legal description and map published under paragraph (1)
shall have the same force and effect as if included in this Act, except that
the Secretary of the Interior may correct errors in the legal
description.
(3)
Reimbursement of
costs
The Secretary of the Army shall reimburse the Secretary of
the Interior for any costs incurred by the Secretary of the Interior in
implementing this subsection.
(e)
Indian
tribes
Nothing in this
subtitle shall be construed as altering any rights reserved for an Indian tribe
for tribal use of lands within the military land withdrawal by treaty or
Federal law. The Secretary of the Army shall consult with any Indian tribes in
the vicinity of the military land withdrawal before taking action within the
military land withdrawal affecting tribal rights or cultural resources
protected by treaty or Federal law.
3002.
Management of
withdrawn and reserved lands
During the period of the withdrawal and
reservation specified in section 3005, the Secretary of the Army shall manage
the public lands withdrawn by section 3001 for the purposes specified in
subsection (b) of such section, subject to the limitations and restrictions
contained in section 3003.
3003.
Special rules
governing minerals management
(a)
Indian Creek
Mine
(1)
In
general
Of the lands
withdrawn by section 3001, locatable mineral activities in the approved Indian
Creek Mine plan of operations, MTM–78300, shall be regulated pursuant to
subparts 3715 and 3809 of title 43, Code of Federal Regulations. Of the lands
withdrawn by section 3001, the land area subject to the approved plan of
operations shall permanently remain open to the amendment or relocation of
mining claims (or both) under the Act of May 10, 1872 (commonly known as the
General Mining Act of 1872;
30 U.S.C. 22 et
seq.) to the extent necessary to preserve the mining operations
described in the approved plan of operations.
(2)
Restrictions on
Secretary of the Army
The Secretary of the Army shall make no
determination that the disposition of or exploration for minerals as provided
for in the approved plan of operations is inconsistent with the defense-related
uses of the lands covered by the military land withdrawal. The coordination of
such disposition of and exploration for minerals with defense-related uses of
such lands shall be determined pursuant to procedures in an agreement provided
for under subsection (c).
(b)
Removal of
unexploded ordnance on lands To be mined
(1)
Removal
activities
Subject to the
availability of funds appropriated for such purpose, the Secretary of the Army
shall remove unexploded ordnance on lands withdrawn by section 3001 that are
subject to mining under subsection (a), consistent with applicable Federal and
State law. The Secretary of the Army may engage in such removal of unexploded
ordnance in phases to accommodate the development of the Indian Creek Mine
pursuant to subsection (a).
(2)
Report on
removal activities
The
Secretary of the Army shall annually submit to the Secretary of the Interior a
report regarding the unexploded ordnance removal activities for the previous
fiscal year performed pursuant to this subsection. The report shall
include—
(A) the amounts of
funding expended for unexploded ordnance removal on the lands withdrawn by
section 3001; and
(B) the identification
of the lands cleared of unexploded ordnance and approved for mining activities
by the Secretary of the Interior.
(c)
Implementation
agreement for mining activities
The Secretary of the Interior and the
Secretary of the Army shall enter into an agreement to implement this section
with regard to coordination of defense-related uses and mining and the ongoing
removal of unexploded ordnance. The duration of the agreement shall be the same
as the period of the withdrawal under section 3001, but may be amended from
time to time. The agreement shall provide the following:
(1) That Graymont
Western US, Inc., or any successor or assign of the approved Indian Creek Mine
mining plan of operations, MTM–78300, is invited to be a party to the
agreement.
(2) Provisions regarding the day-to-day
joint-use of the Limestone Hills Training Area.
(3) Provisions addressing when military and
other authorized uses of the withdrawn lands will occur.
(4) Provisions
regarding when and where military use or training with explosive material will
occur.
(5) Provisions
regarding the scheduling of training activities conducted within the withdrawn
area that restrict mining activities and procedures for deconfliction with
mining operations, including parameters for notification and sanction of
anticipated changes to the schedule.
(6) Provisions
regarding liability and compensation for damages or injury caused by mining or
military training activities.
(7) Provisions for
periodic review of the agreement for its adequacy, effectiveness, and need for
revision.
(8) Procedures for
access through mining operations covered by this section to training areas
within the boundaries of the Limestone Hills Training Area.
(9) Procedures for
scheduling of the removal of unexploded ordnance.
(d)
Existing
memorandum of agreement
Until
such time as the agreement required under subsection (c) becomes effective, the
compatible joint use of the lands withdrawn and reserved by section 3001 shall
be governed, to the extent compatible, by the terms of the 2005 Memorandum of
Agreement among the Montana Army National Guard, Graymont Western US Inc. and
the Bureau of Land Management.
3004.
Grazing
(a)
Issuance and
administration of permits and leases
The issuance and administration of grazing
permits and leases, including their renewal, on the public lands withdrawn by
section 3001 shall be managed by the Secretary of the Interior consistent with
all applicable laws, regulations, and policies of the Secretary of the Interior
relating to such permits and leases.
(b)
Safety
requirements
With respect to
any grazing permit or lease issued after the date of the enactment of this Act
for lands withdrawn by section 3001, the Secretary of the Interior and the
Secretary of the Army shall jointly establish procedures that are consistent
with Department of the Army explosive and range safety standards and that
provide for the safe use of any such lands.
(c)
Assignment
The Secretary of the Interior may, with the
agreement of the Secretary of the Army, assign the authority to issue and to
administer grazing permits and leases to the Secretary of the Army, except that
such an assignment may not include the authority to discontinue grazing on the
lands withdrawn by section 3001.
3005.
Duration of
withdrawal and reservation
The
military land withdrawal made by section 3001 shall terminate on March 31,
2039.
3006.
Payments in
lieu of taxes
The lands
withdrawn by section 3001 shall remain eligible as entitlement land under
section
6901 of title 31, United States Code.
3007.
Hunting,
fishing and trapping
All
hunting, fishing and trapping on the lands withdrawn by section 3001 shall be
conducted in accordance with
section
2671 of title 10, United States Code.
3008.
Water
rights
(a)
Water
rights
Nothing in this subtitle shall be construed—
(1) to establish a
reservation in favor of the United States with respect to any water or water
right on lands withdrawn by section 3001; or
(2) to authorize the
appropriation of water on lands withdrawn by section 3001, except in accordance
with applicable State law.
(b)
Effect on
previously acquired or reserved water rights
This section shall
not be construed to affect any water rights acquired or reserved by the United
States before the date of the enactment of this Act.
3009.
Brush and
range fire prevention and suppression
(a)
Required
activities
The Secretary of
the Army shall, consistent with any applicable land management plan, take
necessary precautions to prevent, and actions to suppress, brush and range
fires occurring as a result of military activities on the lands withdrawn and
reserved by section 3001, including fires outside those lands that spread from
the withdrawn land and which occurred as a result of such activities.
(b)
Cooperation of
secretary of the interior
At the request of the Secretary of the
Army, the Secretary of the Interior shall provide assistance in the suppression
of such fires and shall be reimbursed for such assistance by the Secretary of
the Army. Notwithstanding
section
2215 of title 10, United States Code, the Secretary of the Army
may transfer to the Secretary of the Interior, in advance, funds to reimburse
the costs of the Department of the Interior in providing such
assistance.
3010.
On-going
decontamination
During the
withdrawal and reservation authorized by section 3001, the Secretary of the
Army shall maintain, to the extent funds are available for such purpose, a
program of decontamination of contamination caused by defense-related uses on
such lands consistent with applicable Federal and State law. The Secretary of
Defense shall include a description of such decontamination activities in the
annual report required by
section
2711 of title 10, United States Code.
3011.
Application
for renewal of a withdrawal and reservation
(a)
Notice
To
the extent practicable, no later than five years before the termination of the
withdrawal and reservation made by section 3001, the Secretary of the Army
shall notify the Secretary of the Interior whether the Secretary of the Army
will have a continuing defense-related need for any of the lands withdrawn and
reserved by section 3001 after the termination date of such withdrawal and
reservation. The Secretary of the Army shall provide a copy of the notice to
the Committee on Armed Services and the Committee on Energy and Natural
Resources of the Senate and the Committee on Armed Services and the Committee
on Natural Resources of the House of Representatives.
(b)
Filing for
extension
If the Secretary of the Army concludes that there will
be a continuing defense-related need for any of the withdrawn and reserved
lands after the termination date, the Secretary of the Army shall file an
application for extension of the withdrawal and reservation of such needed
lands in accordance with the regulations and procedures of the Department of
the Interior applicable to the extension of withdrawals and
reservations.
3012.
Limitation on
subsequent availability of lands for appropriation
At
the time of termination of a withdrawal and reservation made by section 3001,
the previously withdrawn lands shall not be open to any form of appropriation
under the public land laws, including the mining laws and the mineral leasing
and geothermal leasing laws, until the Secretary of the Interior publishes in
the Federal Register an appropriate order specifying the date upon which such
lands shall be restored to the public domain and opened for such
purposes.
3013.
Relinquishment
(a)
Notice of
intention to relinquish
If, during the period of withdrawal and
reservation under section 3001, the Secretary of the Army decides to relinquish
any or all of the lands withdrawn and reserved, the Secretary of the Army shall
file a notice of intention to relinquish with the Secretary of the
Interior.
(b)
Determination of
contamination
As a part of the notice under subsection (a), the
Secretary of the Army shall include a written determination concerning whether
and to what extent the lands that are to be relinquished are contaminated with
explosive materials or toxic or hazardous substances.
(c)
Public
notice
The Secretary of the Interior shall publish in the Federal
Register the notice of intention to relinquish, including the determination
concerning the contaminated state of the lands.
(d)
Decontamination
of lands to be relinquished
(1)
Conditions
requiring decontamination
If land subject of a notice of
intention to relinquish pursuant to subsection (a) is contaminated, and the
Secretary of the Interior, in consultation with the Secretary of the Army,
determines that decontamination is practicable and economically feasible
(taking into consideration the potential future use and value of the land) and
that, upon decontamination, the land could be opened to operation of some or
all of the public land laws, including the mining laws and the mineral leasing
and geothermal leasing laws, the Secretary of the Army shall decontaminate the
land to the extent that funds are appropriated for such purpose.
(2)
Discretion if
conditions not met
If the Secretary of the Interior, after
consultation with the Secretary of the Army, concludes that decontamination of
land subject of a notice of intention to relinquish pursuant to subsection (a)
is not practicable or economically feasible, or that the land cannot be
decontaminated sufficiently to be opened to operation of some or all of the
public land laws, or if Congress does not appropriate sufficient funds for the
decontamination of such land, the Secretary of the Interior shall not be
required to accept the land proposed for relinquishment.
(3)
Response
If the Secretary of the Interior declines
to accept the lands that have been proposed for relinquishment because of their
contaminated state, or if at the expiration of the withdrawal and reservation
made by section 3001 the Secretary of the Interior determines that some of the
lands withdrawn and reserved are contaminated to an extent which prevents
opening such contaminated lands to operation of the public land laws—
(A) the Secretary of
the Army shall take appropriate steps to warn the public of the contaminated
state of such lands and any risks associated with entry onto such lands;
(B) after the
expiration of the withdrawal and reservation, the Secretary of the Army shall
undertake no activities on such lands except in connection with decontamination
of such lands; and
(C) the Secretary of
the Army shall report to the Secretary of the Interior and to the Congress
concerning the status of such lands and all actions taken in furtherance of
this paragraph.
(e)
Revocation
authority
Upon deciding that it is in the public interest to
accept the lands proposed for relinquishment pursuant to subsection (a), the
Secretary of the Interior may order the revocation of the withdrawal and
reservation made by section 3001 as it applies to such lands. The Secretary of
the Interior shall publish in the Federal Register the revocation order, which
shall—
(1) terminate the
withdrawal and reservation;
(2) constitute
official acceptance of the lands by the Secretary of the Interior; and
(3) state the date
upon which the lands will be opened to the operation of some or all of the
public land laws, including the mining laws.
(f)
Acceptance by
secretary of the interior
Nothing in this section shall be
construed to require the Secretary of the Interior to accept the lands proposed
for relinquishment if the Secretary determines that such lands are not suitable
for return to the public domain. If the Secretary makes such a determination,
the Secretary shall provide notice of the determination to Congress.
B
White Sands
Missile Range, New Mexico
3021.
Transfer of
administrative jurisdiction, White Sands Missile Range, New Mexico
(a)
Transfer
required
Not later than
September 30, 2014, the Secretary of the Interior shall transfer to the
administrative jurisdiction of the Secretary of the Army certain public land
administered by the Bureau of Land Management in Dona Ana County, New Mexico,
consisting of approximately 5,100 acres depicted as Parcel 1 on
the map titled White Sands Missile Range Land Reservation and
dated January 4, 2013.
(b)
Use of
transferred land
Upon the
receipt of the land under subsection (a), the Secretary of the Army shall
include the land as part of White Sands Missile Range, New Mexico, and
authorize use of the land for military purposes.
(c)
Legal
description and map
(1)
Preparation and
publication
The Secretary of
the Interior shall publish in the Federal Register a legal description and map
of the public land to be transferred under subsection (a).
(2)
Force of
law
The legal description and map filed under paragraph (1) shall
have the same force and effect as if included in this Act, except that the
Secretary of the Interior may correct errors in the legal description.
(d)
Reimbursement of
costs
The transfer required
by subsection (a) shall be made without reimbursement, except that the
Secretary of the Army shall reimburse the Secretary of the Interior for any
costs incurred by the Secretary of the Interior to prepare the legal
description and map under subsection (c).
(e)
Treatment of
grazing leases
If a grazing
permit or lease exists on the date of the enactment of this Act for any portion
of the public land to be transferred under subsection (a), the Secretary of the
Interior shall transfer or relocate the grazing allotments associated with the
permit or lease to other public land, acceptable to the permit or lease holder,
so that the grazing continues to have the same value to the holder.
3022.
Water
rights
(a)
Water
rights
Nothing in this
subtitle shall be construed—
(1) to establish a
reservation in favor of the United States with respect to any water or water
right on lands transferred by this subtitle; or
(2) to authorize the
appropriation of water on lands transferred by this subtitle except in
accordance with applicable State law.
(b)
Effect on
previously acquired or reserved water rights
This section shall
not be construed to affect any water rights acquired or reserved by the United
States before the date of the enactment of this Act.
3023.
Withdrawal
Subject to valid existing rights, the public
land to be transferred under section 3021 is withdrawn from all forms of
appropriation under the public land laws, including the mining laws and
geothermal leasing laws, so long as the lands remain under the administrative
jurisdiction of the Secretary of the Army.
C
Naval Air Weapons
Station China Lake, California
3031.
Transfer of
administrative jurisdiction, Naval Air Weapons Station China Lake,
California
(a)
Transfer
required
Not later than
September 30, 2014, the Secretary of the Interior shall transfer to the
administrative jurisdiction of the Secretary of the Navy certain public land
administered by the Bureau of Land Management in Inyo, Kern, and San Bernardino
Counties, California, consisting of approximately 1,045,000 acres in Inyo,
Kern, and San Bernardino Counties, California, as generally depicted on the map
titled Naval Air Weapons Station China Lake Withdrawal - Renewal
and dated 2012.
(b)
Use of
transferred land
Upon the
receipt of the land under subsection (a), the Secretary of the Navy shall
include the land as part of the Naval Air Weapons Station China Lake,
California, and authorize use of the land for military purposes.
(c)
Legal
description and map
(1)
Preparation and
publication
The Secretary of
the Interior shall publish in the Federal Register a legal description and map
of the public land to be transferred under subsection (a).
(2)
Force of
law
The legal description and map filed under paragraph (1) shall
have the same force and effect as if included in this Act, except that the
Secretary of the Interior may correct errors in the legal description and
map.
(d)
Reimbursement of
costs
The transfer required
by subsection (a) shall be made without reimbursement, except that the
Secretary of the Navy shall reimburse the Secretary of the Interior for any
costs incurred by the Secretary of the Interior to prepare the legal
description and map under subsection (c).
3032.
Water
rights
(a)
Water
rights
Nothing in this
subtitle shall be construed—
(1) to establish a
reservation in favor of the United States with respect to any water or water
right on lands transferred by this subtitle; or
(2) to authorize the
appropriation of water on lands transferred by this subtitle except in
accordance with applicable State law.
(b)
Effect on
previously acquired or reserved water rights
This section shall
not be construed to affect any water rights acquired or reserved by the United
States before the date of the enactment of this Act.
3033.
Withdrawal
Subject to valid existing rights, the public
land to be transferred under section 3031 is withdrawn from all forms of
appropriation under the public land laws, including the mining laws and
geothermal leasing laws, so long as the lands remain under the administrative
jurisdiction of the Secretary of the Navy.
D
Chocolate Mountain
Aerial Gunnery Range, California
3041.
Transfer of
administrative jurisdiction, Chocolate Mountain Aerial Gunnery Range,
California
(a)
Transfer
required
The Secretary of the
Interior shall transfer to the administrative jurisdiction of the Secretary of
the Navy certain public land administered by the Bureau of Land Management in
Imperial and Riverside Counties, California, consisting of approximately
226,711 acres, as generally depicted on the map titled Chocolate
Mountain Aerial Gunnery Range Proposed–Withdrawal dated 1987 (revised
July 1993), and identified as WESTDIV Drawing No. C–102370, which was prepared
by the Naval Facilities Engineering Command of the Department of the Navy and
is on file with the California State Office of the Bureau of Land
Management.
(b)
Valid existing
rights
The transfer of
administrative jurisdiction under subsection (a) shall be subject to any valid
existing rights, including any property, easements, or improvements held by the
Bureau of Reclamation and appurtenant to the Coachella Canal. The Secretary of
the Navy shall provide for reasonable access by the Bureau of Reclamation for
inspection and maintenance purposes not inconsistent with military
training.
(c)
Time for
conveyance
The transfer of
administrative jurisdiction under subsection (a) shall occur pursuant to a
schedule agreed to by the Secretary of the Interior and the Secretary of the
Navy, but in no case later than the date of the completion of the boundary
realignment required by section 3043.
(d)
Map and legal
description
(1)
Preparation and
publication
The Secretary of
the Interior shall publish in the Federal Register a legal description of the
public land to be transferred under subsection (a).
(2)
Submission to
congress
The Secretary of the
Interior shall file with the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives—
(A) a copy of the
legal description prepared under paragraph (1); and
(B) a map depicting
the legal description of the transferred public land.
(3)
Availability for
public inspection
Copies of
the legal description and map filed under paragraph (2) shall be available for
public inspection in the appropriate offices of—
(A) the Bureau of Land
Management;
(B) the Office of the Commanding Officer,
Marine Corps Air Station Yuma, Arizona;
(C) the Office of the
Commander, Navy Region Southwest; and
(D) the Office of the
Secretary of the Navy.
(4)
Force of
law
The legal description and
map filed under paragraph (2) shall have the same force and effect as if
included in this Act, except that the Secretary of the Interior may correct
clerical and typographical errors in the legal description or map.
(5)
Reimbursement of
costs
The transfer required
by subsection (a) shall be made without reimbursement, except that the
Secretary of the Navy shall reimburse the Secretary of the Interior for any
costs incurred by the Secretary of the Interior to prepare the legal
description and map under this subsection.
3042.
Management and
use of transferred land
(a)
Use of
transferred land
Upon the
receipt of the land under section 3041, the Secretary of the Navy shall
administer the land as the Chocolate Mountain Aerial Gunnery Range, California,
and continue to authorize use of the land for military purposes.
(b)
Protection of
desert tortoise
Nothing in
the transfer required by section 3041 shall affect the prior designation of
certain lands within the Chocolate Mountain Aerial Gunnery Range as critical
habitat for the desert tortoise (Gopherus Agassizii).
(c)
Withdrawal of
Mineral Estate
Subject to
valid existing rights, the mineral estate of the land to be transferred under
section 3041 are withdrawn from all forms of appropriation under the public
land laws, including the mining laws and the mineral and geothermal leasing
laws, for as long as the land is under the administrative jurisdiction of the
Secretary of the Navy.
(d)
Integrated
natural resources management plan
Not later than one year after the transfer
of the land under section 3041, the Secretary of the Navy, in cooperation with
the Secretary of the Interior, shall prepare an integrated natural resources
management plan pursuant to the Sikes Act (16 U.S.C. 670a et seq.) for the
transferred land and for land that, as of the date of the enactment of this
Act, is under the jurisdiction of the Secretary of the Navy underlying the
Chocolate Mountain Aerial Gunnery Range.
3043.
Realignment of
range boundary and related transfer of title
(a)
Realignment;
purpose
The Secretary of the
Interior and the Secretary of the Navy shall realign the boundary of the
Chocolate Mountain Aerial Gunnery Range, as in effect on the date of the
enactment of this Act, to improve public safety and management of the Range,
consistent with the following:
(1) The northwestern
boundary of the Chocolate Mountain Aerial Gunnery Range shall be realigned to
the edge of the Bradshaw Trail so that the Trail is entirely on public land
under the jurisdiction of the Department of the Interior.
(2) The centerline of
the Bradshaw Trail shall be delineated by the Secretary of the Interior in
consultation with the Secretary of the Navy, beginning at its western terminus
at Township 8 South, Range 12 East, Section 6 eastward to Township 8 South,
Range 17 East, Section 32 where it leaves the Chocolate Mountain Aerial Gunnery
Range.
(b)
Transfers
related to realignment
The
Secretary of the Interior and the Secretary of the Navy shall make such
transfers of administrative jurisdiction as may be necessary to reflect the
results of the boundary realignment carried out pursuant to subsection
(a).
(c)
Applicability of
national environmental policy act of 1969
The National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not
apply to any transfer of land made under subsection (b) or any decontamination
actions undertaken in connection with such a transfer.
(d)
Decontamination
The Secretary of the Navy shall maintain,
to the extent funds are available for such purpose and consistent with
applicable Federal and State law, a program of decontamination of any
contamination caused by defense-related uses on land transferred under
subsection (b). The Secretary of Defense shall include a description of such
decontamination activities in the annual report required by
section
2711 of title 10, United States Code.
(e)
Timeline
The
delineation of the Bradshaw Trail under subsection (a) and any transfer of land
under subsection (b) shall occur pursuant to a schedule agreed to by the
Secretary of the Interior and the Secretary of the Navy, but in no case later
than two years after the date of the enactment of this Act.
3044.
Effect of
termination of military use
(a)
Notice and
effect
Upon a determination
by the Secretary of the Navy that there is no longer a military need for all or
portions of the land transferred under section 3041, the Secretary of the Navy
shall notify the Secretary of the Interior of such determination. Subject to
subsections (b), (c), and (d), the Secretary of the Navy shall transfer the
land subject to such a notice back to the administrative jurisdiction of the
Secretary of the Interior.
(b)
Contamination
Before
transmitting a notice under subsection (a), the Secretary of the Navy shall
prepare a written determination concerning whether and to what extent the land
to be transferred are contaminated with explosive, toxic, or other hazardous
materials. A copy of the determination shall be transmitted with the notice.
Copies of the notice and the determination shall be published in the Federal
Register.
(c)
Decontamination
The Secretary of the Navy shall
decontaminate any contaminated land that is the subject of a notice under
subsection (a) if—
(1) the Secretary of
the Interior, in consultation with the Secretary of the Navy, determines
that—
(A) decontamination is
practicable and economically feasible (taking into consideration the potential
future use and value of the land); and
(B) upon
decontamination, the land could be opened to operation of some or all of the
public land laws, including the mining laws; and
(2) funds are
appropriated for such decontamination.
(d)
Alternative
The Secretary of the Interior is not
required to accept land proposed for transfer under subsection (a) if the
Secretary of the Interior is unable to make the determinations under subsection
(c)(1) or if Congress does not appropriate a sufficient amount of funds for the
decontamination of the land.
3045.
Temporary
extension of existing withdrawal period
Notwithstanding subsection (a) of section
806 of the California Military Lands Withdrawal and Overflights Act of 1994
(title VIII of Public Law 103–433; 108 Stat. 4505),
the withdrawal and reservation of the land transferred under section 3041 shall
not terminate until the date on which the land transfer required by section
3041 is executed.
3046.
Water
rights
(a)
Water
rights
Nothing in this
subtitle shall be construed—
(1) to establish a
reservation in favor of the United States with respect to any water or water
right on lands transferred by this subtitle; or
(2) to authorize the
appropriation of water on lands transferred by this subtitle except in
accordance with applicable State law.
(b)
Effect on
previously acquired or reserved water rights
This section shall
not be construed to affect any water rights acquired or reserved by the United
States before the date of the enactment of this Act.
E
Marine Corps Air
Ground Combat Center Twentynine Palms, California
3051.
Designation of
Johnson Valley National Off-Highway Vehicle Recreation Area
(a)
Designation
The approximately 188,000 acres of public
land and interests in land administered by the Secretary of the Interior
through the Bureau of Land Management in San Bernardino County, California, as
generally depicted as the Johnson Valley Off-Highway Vehicle Recreation
Area on the map titled Johnson Valley National Off-Highway
Vehicle Recreation Area and Transfer of the Southern Study Area and
dated April 11, 2013, are hereby designated as the Johnson Valley
National Off-Highway Vehicle Recreation Area.
(b)
Recreational and
conservation use
The Johnson
Valley National Off-Highway Vehicle Recreation Area is designated for the
following purposes:
(1) Public recreation (including off-highway
vehicle use, camping, and hiking) when the lands are not used for military
training as authorized by section 3052.
(2) Natural resources
conservation.
(c)
Withdrawal
The public land and interests in land
included in the Johnson Valley National Off-Highway Vehicle Recreation Area are
hereby withdrawn from all forms of appropriation under the public land laws,
including the mining laws and the mineral leasing and geothermal leasing
laws.
(d)
Treatment of
existing rights
The
designation of the Johnson Valley National Off-Highway Vehicle Recreation Area
and the withdrawal of the public land and interests in land included in the
Recreation Area are subject to valid existing rights.
3052.
Limited
biannual Marine Corps Air Ground Combat Center Twentynine Palms use of Johnson
Valley National Off-Highway Vehicle Recreation Area
(a)
Use for military
purposes authorized
Subject
to subsection (b), the Secretary of the Interior shall authorize the Secretary
of the Navy to utilize portions of Johnson Valley National Off-Highway Vehicle
Recreation Area twice in each calendar year for up to a total of 60 days per
year for the following purposes:
(1) Sustained, combined 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.
(4) Other
defense-related purposes consistent with the purposes specified in the
preceding paragraphs.
(b)
Conditions on
military use
(1)
Consultation and
public participation requirements
Before the Secretary of the Navy requests
the two time periods for military use of the Johnson Valley National
Off-Highway Vehicle Recreation Area in a calendar year, the Secretary of the
Navy shall—
(A) consult with the
Secretary of the Interior regarding the best times for military use to reduce
interference with or interruption of nonmilitary activities authorized by
section 3051(b); and
(B) provide for public
awareness of and participation in the selection process.
(2)
Public
notice
The Secretary of the
Navy shall provide advance, wide-spread notice before any closure of public
lands for military use under this section.
(3)
Public
safety
Military use of the
Johnson Valley National Off-Highway Vehicle Recreation Area during the biannual
periods authorized by subsection (a) shall be conducted in the presence of
sufficient range safety officers to ensure the safety of military personnel and
civilians.
(4)
Certain types of
ordnance prohibited
The Secretary of the Navy shall prohibit the
use of dud-producing ordnance in any military training conducted under
subsection (a).
(c)
Implementing
agreement
(1)
Agreement
required; required terms
The
Secretary of the Interior and the Secretary of the Navy shall enter into a
written agreement to implement this section. The agreement shall include a
provision for periodic review of the agreement for its adequacy, effectiveness,
and need for revision.
(2)
Additional
terms
The agreement may provide for—
(A) the integration of
the management plans of the Secretary of the Interior and the Secretary of the
Navy;
(B) delegation to
civilian law enforcement personnel of the Department of the Navy of the
authority of the Secretary of the Interior to enforce the laws relating to
protection of natural and cultural resources and of fish and wildlife;
and
(C) the sharing of
resources in order to most efficiently and effectively manage the lands.
(d)
Duration
Any agreement for the military use of the
Johnson Valley National Off-Highway Vehicle Recreation Area shall terminate not
later than March 31, 2039.
3053.
Transfer of
administrative jurisdiction, Southern Study Area, Marine Corps Air Ground
Combat Center Twentynine Palms, California
(a)
Transfer
required
Not later than
September 30, 2014, the Secretary of the Interior shall transfer, without
reimbursement, to the administrative jurisdiction of the Secretary of the Navy
certain public land administered by the Bureau of Land Management consisting of
approximately 20,000 acres in San Bernardino County, California, as generally
depicted as the Southern Study Area on the map referred to in
section 3051.
(b)
Use of
transferred land
Upon the
receipt of the land under subsection (a), the Secretary of the Navy shall
include the land as part of the Marine Corps Air Ground Combat Center
Twentynine Palms, California, and authorize use of the land for military
purposes.
(c)
Legal
description and map
(1)
Preparation and
publication
The Secretary of
the Interior shall publish in the Federal Register a legal description and map
of the public land to be transferred under subsection (a).
(2)
Force of
law
The legal description and
map filed under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of the Interior may correct
clerical and typographical errors in the legal description and map.
(d)
Reimbursement of
costs
The Secretary of the
Navy shall reimburse the Secretary of the Interior for any costs incurred by
the Secretary of the Interior to carry out this section.
3054.
Water
rights
(a)
Water
rights
Nothing in this
subtitle shall be construed—
(1) to establish a
reservation in favor of the United States with respect to any water or water
right on lands transferred by this subtitle; or
(2) to authorize the
appropriation of water on lands transferred by this subtitle except in
accordance with applicable State law.
(b)
Effect on
previously acquired or reserved water rights
This section shall
not be construed to affect any water rights acquired or reserved by the United
States before the date of the enactment of this Act.
F
Naval Air Station
Fallon, Nevada
3061.
Transfer of
administrative jurisdiction, Naval Air Station Fallon, Nevada
(a)
In
general
Not later than 180 days after the date of enactment of
this Act, the Secretary of the Interior shall transfer to the Secretary of the
Navy, without consideration, the Federal land described in subsection
(b).
(b)
Description of
Federal land
The Federal land referred to in subsection (a) is
the parcel of approximately 400 acres of land under the jurisdiction of the
Secretary of the Interior that—
(1) is adjacent to
Naval Air Station Fallon in Churchill County, Nevada; and
(2) was withdrawn
under Public Land Order 6834 (NV–943–4214–10; N–37875).
(c)
Management
On
transfer of the Federal land described under subsection (b) to the Secretary of
the Navy, the Secretary of the Navy shall have full jurisdiction, custody, and
control of the Federal land.
3062.
Water
rights
(a)
Water
rights
Nothing in this subtitle shall be construed—
(1) to establish a
reservation in favor of the United States with respect to any water or water
right on lands transferred by this subtitle; or
(2) to authorize the
appropriation of water on lands transferred by this subtitle except in
accordance with applicable State law.
(b)
Effect on
previously acquired or reserved water rights
This section shall
not be construed to affect any water rights acquired or reserved by the United
States before the date of the enactment of this Act.
3063.
Withdrawal
Subject to valid existing rights, the
Federal land to be transferred under section 3061 is withdrawn from all forms
of appropriation under the public land laws, including the mining laws and
geothermal leasing laws, so long as the land remains under the administrative
jurisdiction of the Secretary of the Navy.
C
DEPARTMENT OF
ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
XXXI
DEPARTMENT OF
ENERGY NATIONAL SECURITY PROGRAMS
A
National Security
Programs Authorizations
3101.
National Nuclear
Security Administration
(a)
Authorization of
Appropriations
Funds are
hereby authorized to be appropriated to the Department of Energy for fiscal
year 2014 for the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section 4701.
(b)
Authorization of
New Plant Projects
From funds
referred to in subsection (a) that are available for carrying out plant
projects, the Secretary of Energy may carry out new plant projects for the
National Nuclear Security Administration as follows:
Project 14–D–710, Device Assembly Facility Argus
Installation Project, Nevada National Security Site, Las Vegas, Nevada,
$14,000,000
Project 14–D–901, Spent Fueling Handling
Recapitalization Project, Naval Reactors Facility, Idaho,
$45,400,000.
Project 14–D–902, KL Materials Characterization
Laboratory, Knolls Atomic Power Laboratory, Schenectady, New York,
$1,000,000.
3102.
Defense
environmental cleanup
Funds
are hereby authorized to be appropriated to the Department of Energy for fiscal
year 2014 for defense environmental cleanup activities in carrying out programs
as specified in the funding table in section 4701.
3103.
Other defense
activities
Funds are hereby
authorized to be appropriated to the Department of Energy for fiscal year 2014
for other defense activities in carrying out programs as specified in the
funding table in section 4701.
3104.
Energy
security and assurance
Funds
are hereby authorized to be appropriated to the Department of Energy for fiscal
year 2014 for energy security and assurance programs necessary for national
security as specified in the funding table in section 4701.
B
Program
Authorizations, Restrictions, and Limitations
3111.
Clarification of
principles of National Nuclear Security Administration
Subsection (c) of section 3211 of the
National Nuclear Security Administration Act (50 U.S.C. 2401) is amended to read
as follows:
(c)
Operations and
activities to be carried out consistent with certain principles
In carrying out the mission of the
Administration, the Administrator shall ensure that all operations and
activities of the Administration are consistent with the principles of—
(1) protecting the
environment;
(2) safeguarding the
safety and health of the public and of the workforce of the Administration;
and
(3) ensuring the security of the nuclear
weapons, nuclear material, and classified information in the custody of the
Administration.
.
3112.
Termination of
Department of Energy employees to protect national security
(a)
In
general
Subtitle C of the
National Nuclear Security Administration Act (50 U.S.C. 2441 et seq.) is amended
by adding at the end the following new section:
3245.
Termination of
employees to protect national security
(a)
Termination
authority
Notwithstanding any
other provision of law, the Secretary of Energy may terminate an employee of
the Administration or any element of the Department of Energy 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 interests of the United States; and
(3) determines that the procedures prescribed
in other provisions of law that authorize the termination of the employment of
such employee cannot be invoked in a manner that the Secretary considers
consistent with national security.
(b)
Statements and
affidavits
(1) To the extent that the
Secretary determines that the interests of national security permit, the
Secretary shall notify an employee whose employment is terminated under this
section of the reasons for the termination.
(2) During the 30-day period beginning on
the date on which a terminated employee is notified under paragraph (1), the
employee may submit to the Secretary statements or affidavits to show why the
employee should be restored to duty.
(3) If a terminated employee submits
statements and affidavits under paragraph (2), the Secretary—
(A) shall provide a written response to
the employee; and
(B) may restore the employment of the
employee.
(c)
Finality
A
decision by the Secretary to terminate the employment of an employee under this
section is final and may not be appealed or reviewed outside the
Department.
(d)
Notification to
congressional committees
Whenever the Secretary terminates the
employment of an employee under the authority of this section, the Secretary
shall promptly notify the congressional defense committees of such
termination.
(e)
Preservation of
right to seek other employment
Any termination of employment
under this section does not affect the right of the employee involved to seek
or accept employment with any other department or agency of the United States
if that employee is declared eligible for such employment by the Director of
the Office of Personnel Management.
(f)
Prohibition on
delegation
The authority of the Secretary under this section may
not be
delegated.
.
(b)
Clerical
amendment
The table of
contents at the beginning of such Act is amended by inserting after the item
relating to section 3244 the following new item:
Sec. 3245. Termination of employees to
protect national
security.
.
3113.
Modification
of independent cost estimates on life extension programs and new nuclear
facilities
(a)
In
general
Section 4217 of the Atomic Energy Defense Act
(50 U.S.C.
2537) is amended—
(1) in subsection
(b)(2), by adding after the period at the end the following: Such cost
estimates shall be conducted by the Secretary of Defense, acting through the
Director of Cost Assessment and Program Evaluation. The Director may delegate
carrying out such a cost estimate to another element of the Department of
Defense.; and
(2) by amending
subsection (c) to read as follows:
(c)
Authority for
further assessments
(1) In consultation with the
Administrator, the Secretary of Defense, acting through the Director of Cost
Assessment and Program Evaluation, may conduct an independent cost assessment
of any initiative or program of the Administration that is estimated to cost
more than $500,000,000. The Director may delegate carrying out such a cost
estimate to another element of the Department of Defense.
(2) The Secretary, acting through the
Administrator, shall request an appropriate official or entity to conduct an
independent review of each—
(A) guidance for the analysis of
alternatives for each covered system or facility before such analysis is
conducted; and
(B) results of such analysis.
(3) The Secretary, acting through the
Administrator, shall submit to the congressional defense committees and the
Nuclear Weapons Council each independent review conducted under paragraph
(2).
(4) In this subsection:
(A) The term appropriate official
or entity means the following:
(i) The Director of Cost Assessment and
Program Evaluation.
(ii) An organization selected by the
Director of Cost Assessment and Program Evaluation.
(iii) The JASON Defense Advisory
Panel.
(B) The term covered system or
facility means the following:
(i) Each nuclear weapon system
undergoing life extension at the completion of phase 6.2A, relating to design
definition and cost study.
(ii) Each new nuclear facility within
the nuclear security enterprise (as defined in section 4002(5) of the Atomic
Energy Defense Act (50 U.S.C. 2501(5)) that is
estimated to cost more than $500,000,000 before such facility achieves critical
decision 2 in the acquisition
process.
.
(b)
Effective
date
The amendment made by subsection (a)(2) shall expire on the
date that is three years after the date of the enactment of this Act. Effective
on the day after such expiration date, subsection (c) of section 4217 of the
Atomic Energy Defense Act (50 U.S.C. 2537), as in effect on
the day before the date of the enactment of this Act, is hereby revived.
(c)
Sense of
Congress
It is the sense of Congress that Congress encourages the
Administrator for Nuclear Security and the Nuclear Weapons Council to follow
the results of the analysis of alternatives of a life extension program or a
defense nuclear facility construction project when selecting a final
option.
3114.
Plan for retrieval,
treatment, and disposition of tank farm waste at Hanford Nuclear
Reservation
(a)
In
general
Subtitle D of title
XLIV of the Atomic Energy Defense Act (50 U.S.C. 2621 et seq.) is amended
by adding at the end the following new section:
4445.
Plan for
retrieval, treatment, and disposition of tank farm waste at Hanford Nuclear
Reservation
(a)
Plan
Not later than March 1, 2014, the Secretary
of Energy shall submit to the congressional defense committees a comprehensive
plan through 2025 for the safe and effective retrieval, treatment, and
disposition of nuclear waste contained in the tank farms of Hanford Nuclear
Reservation, Richland, Washington.
(b)
Matters
included
The plan under subsection (a) shall include the
following:
(1) A list of all requirements, assumptions,
and criteria needed to design, construct, and operate the Waste Treatment and
Immobilization Plant and any required infrastructure facilities at the Hanford
Tank Farms.
(2) A schedule of activities, construction, and
operations at the Hanford Tank Farms and Waste Treatment and Immobilization
Plant required before 2025 to carry out the safe and effective retrieval,
treatment, and disposition of waste in the Hanford Tank Farms.
(3) Actions required to accelerate, to the
extent possible, the retrieval and treatment of lower-risk, low-activity waste
while continuing efforts to accelerate the resolution of technical challenges
associated with higher-risk, high-activity waste.
(4) A description of how the Secretary
will—
(A) provide adequate
protection to workers and the public under the plan; and
(B) incorporate into
the plan any new science and technical information that was not available
before the development of the plan, including new science and technical
information not available as of March 2014.
(c)
Determinations
(1) For each requirement, assumption, or
criterion identified by the Secretary under subsection (b)(1), the Secretary
shall include in the plan under subsection (a) a determination regarding
whether such requirement, assumption or criterion is finalized and will be used
to inform planning, design, construction, and operations of the Waste Treatment
and Immobilization Plant project.
(2) For each requirement, assumption, or
criterion that the Secretary cannot make a finalized determination for under
paragraph (1) by the date the plan under subsection (a) is submitted to the
congressional defense committees, the Secretary shall—
(A) include in the plan—
(i) a description of the requirement,
assumption, or criterion;
(ii) a list of activities required for
the Secretary to make such determination; and
(iii) the date on which the Secretary
anticipates making such determination; and
(B) once the Secretary makes the finalized
determination with respect to the requirement, assumption, or criterion, submit
to such committees notification that the requirement, assumption, or criterion
is finalized and will be used to inform the planning, design, construction, and
operations of the Waste Treatment and Immobilization Plant project.
(3)
(A) Subject to subparagraph (B), the Secretary
may authorize a change to a requirement, assumption, or criterion that the
Secretary determines as finalized under paragraph (1) or (2)(B).
(B) The Secretary shall make changes to a
requirement, assumption, or criterion under subparagraph (A) if the Secretary
cannot provide adequate protection without making such changes.
(C) If the Secretary authorizes a change to a
requirement, assumption, or criterion under subparagraph (A) or (B) that will
have a material effect on any aspect of the schedule or cost of the Waste
Treatment and Immobilization Plant project, the Secretary shall promptly notify
the congressional defense committees of such change.
(D) The authority of the Secretary under this
paragraph may be delegated only to the Deputy Secretary of
Energy.
.
(b)
Clerical
amendment
The table of
contents at the beginning of the Atomic Energy Defense Act is amended by
inserting after the item relating to section 4444 the following new
item:
Sec. 4445. Plan for retrieval, treatment,
and disposition of tank farm waste at Hanford Nuclear
Reservation.
.
3115.
Enhanced
procurement authority to manage supply chain risk
(a)
In
general
Subtitle A of title
XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2781 et seq.) is amended
by adding at the end the following:
4806.
Enhanced
procurement authority to manage supply chain risk
(a)
Authority
Subject to subsection (b), a covered
official may—
(1) carry out a
covered procurement action; and
(2) notwithstanding
any other provision of law, limit, in whole or in part, the disclosure of
information relating to the basis for carrying out a covered procurement
action.
(b)
Determination
and notification
Before
exercising the authority under subsection (a), a covered official shall—
(1) obtain a joint recommendation by the Deputy
Secretary of Energy and the Chief Information Officer of the Department of
Energy, on the basis of a risk assessment conducted by the Office of
Intelligence and Counterintelligence of the Department of Energy, that there is
a significant supply chain risk to a covered system;
(2) make a
determination in writing, with the concurrence of the Deputy Secretary of
Energy, that—
(A) carrying out a
covered procurement action under subsection (a)(1) is necessary to protect
national security by reducing supply chain risk;
(B) less intrusive
measures are not reasonably available to reduce such supply chain risk;
and
(C) if the covered official plans to limit
disclosure of information under subsection (a)(2), the risk to national
security that may result from the disclosure of such information is greater
than such risk that may result from not disclosing such information; and
(3) submit to the congressional defense
committees, the Committee on Energy and Natural Resources of the Senate, and
the Committee on Energy and Commerce of the House of Representatives written
notification of—
(A) the joint
recommendation under paragraph (1), including a summary of the risk assessment
by the Office of Intelligence and Counterintelligence that serves as the basis
for such joint recommendation;
(B) the determination
under paragraph (2), including—
(i) a
summary of the basis for such determination; and
(ii) a
discussion of the less intrusive measures that were considered under
subparagraph (B) of such paragraph and the reason that the official determined
such measures to not be reasonably available; and
(C) the information
required by section
2304(f)(3) of title 10, United States Code.
(c)
Limitation on
disclosure
If a covered
official exercises the authority under subsection (a), the covered official
shall—
(1) notify appropriate
parties of the covered procurement action and the basis for such action only to
the extent necessary to carry out the covered procurement action;
(2) notify other
elements of the Department of Energy or other departments or agencies of the
United States that are responsible for procurement that may be subject to the
same or similar supply chain risk of the covered procurement action, consistent
with the requirements of national security; and
(3) ensure the
confidentiality of any notification made under paragraph (1) or (2).
(d)
Delegation
A
covered official may not delegate the authority provided under this section to
an official of the Department of Energy below the level of the Deputy Assistant
Secretary of Energy.
(e)
Definitions
In this section:
(1) The term
covered item of supply means an item that is purchased for
inclusion in a covered system, and the loss of integrity of which could result
in a supply chain risk for a covered system.
(2) The term
covered official means any of the following:
(A) The Under
Secretary of Energy.
(B) The Under
Secretary of Energy for Science.
(C) The Administrator
for Nuclear Security.
(D) The Administrator
of the Energy Information Administration.
(E) The Administrator
of the Bonneville Power Administration.
(F) The Administrator
of the Southeastern Power Administration.
(G) The Administrator
of the Southwestern Power Administration.
(H) The Administrator
of the Western Area Power Administration.
(I) The Chief
Information Officer of the Department of Energy.
(3) The term
covered procurement means—
(A) a source selection
for a covered system or a covered item of supply involving either a performance
specification, as described in paragraph (1)(C)(ii) of
section
2305(a) of title 10, United States Code, or an evaluation
factor, as described in paragraph (2)(A) of such section, relating to supply
chain risk;
(B) the consideration
of proposals for and issuance of a task or delivery order for a covered system
or a covered item of supply if the task or delivery order contract concerned
includes a contract clause establishing a requirement relating to supply chain
risk; or
(C) any contract
action involving a contract for a covered system or a covered item of supply if
such contract includes a clause establishing requirements relating to supply
chain risk.
(4) The term covered procurement
action means, with respect to an action that occurs in the course of
conducting a covered procurement, any of the following:
(A) The exclusion of a
source that fails to meet qualification standards established in accordance
with the requirements of
section
2319 of title 10, United States Code, for the purpose of
reducing supply chain risk in the acquisition of covered systems.
(B) The exclusion of a
source that fails to achieve an acceptable rating with respect to an evaluation
factor providing for the consideration of supply chain risk in the evaluation
of proposals for the award of a contract or the issuance of a task or delivery
order.
(C) The withholding of
consent for a contractor to subcontract with a particular source or the
direction to a contractor for a covered system to exclude a particular source
from consideration for a subcontract under the contract.
(5) The term
covered system means—
(A) nuclear
weapons;
(B) components of
nuclear weapons;
(C) items associated
with the design, development, production, and maintenance of nuclear weapons or
components of nuclear weapons; and
(D) items associated
with the surveillance of the nuclear weapon stockpile; and
(E) any national
security system (as defined in
section
3542(b)(2) of title 44, United States Code).
(6) The term
supply chain risk means the risk that an adversary may sabotage,
maliciously introduce an unwanted function, or otherwise subvert the design,
integrity, manufacturing, production, distribution, installation, operation, or
maintenance of a covered system so as to surveil, deny, disrupt, or otherwise
degrade the function, use, or operation of such
system.
.
(b)
Clerical
amendment
The table of contents at the beginning of such Act is
amended by inserting after the item relating to section 4805 the following new
item:
Sec. 4806. Enhanced procurement authority
to manage supply chain
risk.
.
(c)
Effective
date
Section 4806 of the Atomic Energy Defense Act, as added by
subsection (a), shall apply with respect to—
(1) contracts that are awarded on or after the
date that is 180 days after the date of the enactment of this Act; and
(2) task and delivery orders that are issued on
or after the date that is 180 days after such date of enactment under contracts
awarded before, on, or after such date of enactment.
3116.
Limitation on
availability of funds for National Nuclear Security Administration
(a)
Limitation
Except as provided by subsection (c), of
the funds authorized to be appropriated by this Act or otherwise made available
for fiscal year 2014 for the National Nuclear Security Administration,
$139,500,000 may not be obligated or expended until the date on which the
Administrator for Nuclear Security submits to the congressional defense
committees—
(1) a detailed plan to realize the planned
efficiencies; and
(2) written
certification that the planned efficiencies will be achieved during fiscal year
2014.
(b)
Unrealized
efficiencies
If the
Administrator does not submit to the congressional defense committees the
matters described in paragraphs (1) and (2) of subsection (a) by the date that
is 60 days after the date of the enactment of this Act, the Administrator shall
submit to the congressional defense committees a report on—
(1) the amount of
planned efficiencies that will not be realized during fiscal year 2014;
and
(2) any effects caused
by such unrealized planned efficiencies to the programs funded under the
directed stockpile work and nuclear programs accounts.
(c)
Exception
The
limitation in subsection (a) shall not—
(1) apply to funds
authorized to be appropriated for directed stockpile work, nuclear programs, or
Naval Reactors; or
(2) affect the
authority of the Secretary under sections 4702, 4705, and 4711 of the Atomic
Energy Defense Act (50 U.S.C. 2742, 2745, and
2751).
(d)
Planned
efficiencies defined
In this
section, the term planned efficiencies means the $106,800,000,
with respect to directed stockpile work, and $32,700,000, with respect to
nuclear programs, that the Administrator plans to save during fiscal year 2014
through management efficiency and workforce restructuring reductions, as
described in the budget request for fiscal year 2014 that the President
submitted to Congress under
section
1105(a) of title 31, United States Code.
3117.
Limitation on
availability of funds for Office of the Administrator
Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2014 for the Office of
the Administrator, not more than 75 percent may be obligated or expended
until—
(1) the President transmits to Congress the
matters required to be transmitted during 2013 and 2014 under section
4205(f)(2) of the Atomic Energy Defense Act (50 U.S.C. 2525(f)(2));
(2) the President transmits to the
congressional defense committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of Representatives
the matters required to be transmitted during 2013 and 2014 under section 1043
of the National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1576) with respect to such matters for which
the Secretary of Energy is responsible;
(3) the Administrator for Nuclear Security
submits to the congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of the House of
Representatives the reports required to be submitted during 2013 and 2014 under
section 3122(b)(1) of the National Defense Authorization Act for Fiscal Year
2012 (Public
Law 112–81; 125 Stat. 1710); and
(4) the Administrator submits to the
congressional defense committees—
(A) the detailed
report on the stockpile stewardship, management, and infrastructure plan
required to be submitted during 2013 under paragraph (2) of section 4203(b) of
the Atomic Energy Defense Act (50 U.S.C. 2523(b)(2)); and
(B) the summary of the plan required to be
submitted during 2014 under paragraph (1) of such section.
3118.
Limitation on
availability of funds for Global Threat Reduction Initiative
(a)
Sense of
Congress
It is the sense of
Congress that, particularly in the current constrained budget environment, the
National Nuclear Security Administration should—
(1) prioritize its
primary mission of sustaining and modernizing the nuclear weapons stockpile;
and
(2) shift funding from
secondary missions if required to ensure critical nuclear weapons modernization
programs stay on schedule and deliver nuclear warheads needed to support the
military requirements of the United States.
(b)
Limitation
Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2014 for the Global
Threat Reduction Initiative of the National Nuclear Security Administration,
not more than 80 percent may be obligated or expended unless, by not later than
60 days after the date of the enactment of this Act, the Administrator for
Nuclear Security certifies to the congressional defense committees that the B61
life extension program will deliver a first production unit in fiscal year
2019.
(c)
Exception
The limitation in subsection (b) shall not
affect the authority of the Secretary under Section 4702 of the AEDA
(50 U.S.C.
2742).
3119.
Establishment of
Center for Security Technology, Analysis, Testing, and Response
(a)
Establishment
The Administrator for Nuclear Security
shall establish within the nuclear security enterprise (as defined in section
4002(5) of the Atomic Energy Defense Act (50 U.S.C. 2501(5)) a Center for
Security Technology, Analysis, Testing, and Response.
(b)
Duties
The
center established under subsection (a) shall carry out the following:
(1) Provide to the Administrator, the Chief of
Defense Nuclear Security, and the management and operating contractors of the
nuclear security enterprise a wide range of objective expertise on security
technologies, systems, analysis, testing, and response forces.
(2) Assist the
Administrator in developing standards, requirements, analysis methods, and
testing criteria with respect to security.
(3) Collect, analyze,
and distribute lessons learned with respect to security.
(4) Support
inspections and oversight activities with respect to security.
(5) Promote
professional development and training for security professionals.
(6) Provide for
advance and bulk procurement for security-related acquisitions that affect
multiple facilities of the nuclear security enterprise.
(7) Advocate for
continual improvement and security excellence throughout the nuclear security
enterprise.
3120.
Cost-benefit
analyses for competition of management and operating contracts
(a)
Bid
protest
Subsection (a) of
section 3121 of the National Authorization Act for Fiscal Year 2013
(Public Law
112–239; 126 Stat. 2175) is amended by inserting or the
date on which a protest with respect to such a contract is resolved
before the period at the end.
(b)
Expected cost
savings
Subsection (b)(1) of such section is amended by inserting
, including a description of the assumptions used and analysis conducted
to determine such expected cost savings before the semicolon.
(c)
Naval
reactors
Subsection (d) of such section is amended by adding at
the end the following new paragraph:
(3)
Naval
reactors
The requirement for
reports under subsection (a) shall not apply with respect to a management and
operations contract for a Naval Reactor
facility.
.
3121.
W88–1 warhead and
W78–1 warhead life extension options
In carrying out Phase 6.2 and Phase 6.2A of
the Joint W78/88–1 Warhead Life Extension Program, the Secretary of Defense and
the Secretary of Energy, acting through the Nuclear Weapons Council established
by section
179 of title 10, United States Code, shall include during such
phases a full analysis of feasibility, design definition, and cost estimation
for each of the following life extension options:
(1) A
separate life extension option to produce a W78–1 warhead.
(2) A
separate life extension option to produce a W88–1 warhead.
(3) An interoperable
W78/88–1 life extension option.
(4) Any other option
that the Nuclear Weapons Council considers appropriate.
3122.
Extension of
principles of pilot program to additional facilities of the nuclear security
enterprise
(a)
Findings
Congress finds the following:
(1) In April 2006, the Administrator for
Nuclear Security initiated a pilot program to improve and streamline oversight
of the Kansas City Plant of the National Nuclear Security
Administration.
(2) In a memorandum
initiating the pilot, the Administrator cited slow progress in implementing
previous efforts to streamline such oversight, saying that such slow progress
is a reflection of excessive risk aversion.
(3) The pilot program
shifted away from reliance on directives of the Department of Energy and toward
third-party certification and industrial standards whenever possible—but the
pilot program specifically exempted certain high-hazard operations from its
scope.
(4) An independent
assessment conducted one year after initiation of the pilot found approximately
$14,000,000 had been saved in fiscal year 2007 because of the pilot
program.
(5) The independent
assessment found that the replacement of Department of Energy
prescriptive requirements with site specific standards and operating systems
was observed to be a significant cost reduction driver * * * in several
business areas, this reduction was accomplished by moving toward the use of
metrics and benchmarks rather than transactional oversight..
(6) The independent
assessment further found that no immediate or negative impacts were
observed as a result of the pilot program and that the lessons
learned at [the Kansas City Plant] can and should be applied at other NNSA and
DOE sites, while acknowledging that application of such lessons would
be limited by the presence of high-risk, high-hazard activities at such
locations.
(7) The independent assessment concluded,
it is our opinion that these elements can be encouraged and developed
over time at each NNSA facility, subject to the limitations made necessary by
the nature of the site..
(b)
Extension of
policies
(1)
In
general
Except as provided by
paragraph (2), the Administrator for Nuclear Security shall—
(A) ensure that the
principles of the pilot program are permanently implemented at the Kansas City
Plant of the National Nuclear Security Administration; and
(B) in accordance with
paragraph (3), extend such principles of the pilot program, with modifications
as the Administrator determines appropriate, to not less than two additional
facilities of the nuclear security enterprise (as defined in section 4002(5) of
the Atomic Energy Defense Act (50 U.S.C. 2501(5)), with such
principles commencing at each facility not later than one year after the date
of the enactment of this Act.
(2)
Exemption
In carrying out the extension of the
principles of the pilot program pursuant to subparagraph (A) and (B) of
paragraph (1), the Administrator—
(A) may exempt
high-hazard or high-risk activities from such extension;
(B) shall exempt
nuclear operations from such extension; and
(C) shall focus the initial extension of such
principles on low-risk, high-reward initiatives.
(3)
Implementation
(A) In extending the principles of the pilot
program to not less than two facilities under paragraph (1)(B), the
Administrator shall certify to the appropriate congressional committees
that—
(i) the
management and operating contractor for such a facility has sufficiently mature
processes, as well as high performance, to enable the extension without undue
risk; and
(ii) Federal oversight mechanisms are in place
and sufficiently mature to enable the extension without undue risk.
(B) If the
Administrator cannot make a certification under subparagraph (A) with respect
to a facility—
(i) the Administrator
shall delay the extension of the principles of the pilot program to such
facility until the date on which the Administrator makes such certification;
and
(ii) not later than
one year after the date of the enactment of this Act, the Administrator shall
submit to the appropriate congressional committees a report regarding—
(I) the improvements to processes, procedures,
and performance that are required to make such certification;
(II) a plan with respect to the activities that
the Administrator will carry out to make such improvements; and
(III) the date by
which the Administrator expects to make such certification and extend the
principles of the pilot program.
(4)
Definitions
In
this subsection:
(A) The term
appropriate congressional committees means the following:
(i) The
congressional defense committees.
(ii) The Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of the House
of Representatives.
(B) The term
principles of the pilot program means the principles regarding
the use of third-party certification, industrial standards, best business
practices, and verification of internal procedures and performance to improve
and streamline oversight, as demonstrated in the pilot program at the Kansas
City Plant of the Administration described in subsection (a)(1).
3123.
Extension of
authority of Secretary of Energy to enter into transactions to carry out
certain research projects
Section 646(g)(10) of the Department of
Energy Organization Act (42 U.S.C. 7256(g)(10)) is amended
by striking September 30, 2015 and inserting September
30, 2020.
C
Reports
3131.
Annual report and
certification on status of the security of the nuclear security
enterprise
(a)
In
general
Section 4506 of the
Atomic Energy Defense Act (50 U.S.C. 2657) is amended to read
as follows:
4506.
Annual report
and certification on status of the security of the nuclear security
enterprise
Not later than
September 30 of each year, the Administrator shall submit to the Secretary of
Energy and to the congressional defense committees—
(1) a report detailing the status of the
security of the nuclear security enterprise, including the status of the
security of special nuclear material, nuclear weapons, and classified
information at each nuclear weapons production facility and national security
laboratory; and
(2) written certification that the special
nuclear material, nuclear weapons, and classified information in the custody of
the Administration are secure.
.
(b)
Clerical
amendment
The table of
contents at the beginning of such Act is amended by striking the item relating
to section 4506 and inserting the following new item:
Sec. 4506. Annual report and certification
on status of the security of the nuclear security
enterprise.
.
3132.
Modifications to
annual reports regarding the condition of the nuclear weapons
stockpile
(a)
Report on
assessments
Subsection (e) of
section 4205 of the Atomic Energy Defense Act (50 U.S.C. 2525) is amended—
(1) in paragraph
(3)—
(A) in subparagraph
(C), by striking ; and and inserting a semicolon;
(B) in subparagraph
(D), by striking the period at the end and inserting ; and;
and
(C) by adding at the
end the following new subparagraph:
(E) a concise summary of any significant
finding investigations initiated or active during the previous year for which
the head of the national security laboratory has full or partial
responsibility.
;
and
(2) by amending
paragraph (4) to read as follows:
(4) In the case of a report submitted by the
Commander of the United States Strategic Command—
(A) a discussion of
the relative merits of other nuclear weapon types (if any), or compensatory
measures (if any) that could be taken, that could enable accomplishment of the
missions of the nuclear weapon types to which the assessments relate, should
such assessments identify any deficiency with respect to such nuclear weapon
types; and
(B) a summary of all major assembly releases in
place as of the date of the report for the active and inactive nuclear weapon
stockpiles.
.
(b)
Reports
submitted to the President and Congress
Subsection (f) of such
section is amended by adding at the end the following new paragraph:
(3) If the President does not forward to
Congress the matters required under paragraph (2) by the date required under
such paragraph, each official specified in subsection (b) shall submit to the
congressional defense committees the report, without change, that the official
submitted to the Secretary concerned under subsection
(e).
.
3133.
Repeal of certain
reporting requirements
(a)
Report on
counterintelligence and security practices at national laboratories
(1)
In
general
Section 4507 of the Atomic Energy Defense Act
(50 U.S.C.
2658) is repealed.
(2)
Clerical
amendment
The table of
contents at the beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4507.
(b)
Reports on
advanced supercomputer sales to certain foreign nations
Section 3157 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. App.
2404 note) is repealed.
D
Other
matters
3141.
Congressional
advisory panel on the governance of the nuclear security
enterprise
Section 3166 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 2208) is amended—
(1) in subsection
(d)—
(A) in paragraph (1),
by striking 180 days after the date of the enactment of this Act
and inserting October 1, 2013; and
(B) in paragraph (2),
by striking February 1, 2014 and inserting March 1,
2014; and
(2) by amending
subsection (f) to read as follows:
(f)
Termination
(1)
In
general
The advisory panel shall terminate not later than
September 30, 2014.
(2)
Final
report
Before terminating,
the advisory panel may submit to the officials and committees specified in
subsection (d)(1) a final report that includes a summary of the activities and
recommendations of the advisory panel and such other matters as the advisory
panel considers
appropriate.
.
3142.
Study of
potential reuse of nuclear weapon secondaries
(a)
Study
Not
later than 60 days after the date of the enactment of this Act, the
Administrator for Nuclear Security shall conduct a study of the potential reuse
of nuclear weapon secondaries that includes an assessment of the potential for
reusing secondaries in future life extension programs, including—
(1) a
description of which secondaries could be reused;
(2) the number of such
secondaries available in the stockpile as of the date of the study; and
(3) the number of such
secondaries that are planned to be available after such date as a result of the
dismantlement of nuclear weapons.
(b)
Matters
included
The study under subsection (a) shall include the
following:
(1) The feasibility
and practicability of potential full or partial reuse options with respect to
nuclear weapon secondaries.
(2) The benefits and
risks of reusing such secondaries.
(3) A
list of technical challenges that must be resolved to certify aged materials
under dynamic loading conditions and the full stockpile-to-target sequence of
weapons, including a program plan and timeline for resolving such technical
challenges and an assessment of the importance of resolving outstanding
materials issues on certifying aged secondaries.
(4) The potential
costs and cost savings of such reuse.
(5) The effects of
such reuse on the requirements for secondaries manufacturing.
(6) An assessment of
how such reuse affects plans to build a responsive nuclear weapons
infrastructure.
(c)
Submission
Not
later than March 1, 2014, the Administrator shall submit to the congressional
defense committees the study under subsection (a).
3143.
Clarification of
role of Secretary of Energy
The amendment made by section 3113 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 2169) to section 4102 of the Atomic Energy
Defense Act (50
U.S.C. 2512) may not be construed as affecting the authority of
the Secretary of Energy, in carrying out national security programs, with
respect to the management, planning, and oversight of the National Nuclear
Security Administration or as affecting the delegation by the Secretary of
Energy of authority to carry out such activities, as set forth under subsection
(a) of such section 4102 as it existed before the amendment made by such
section 3113.
3144.
Technical amendment
to Atomic Energy Act of 1954
Chapter 10 of the Atomic Energy Act of 1954
(42 U.S.C. 2131 et
seq.), as amended by section 3176 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2215),
is amended in the matter following section 111 by inserting before a.
The Commission the following: Sec. 112. Domestic medical isotope
production.—.
3145.
Government
Waste Isolation Pilot Plant Extension
(a)
Extension of
waste isolation pilot plant mission
The Secretary of Energy shall manage WIPP
in such a way as to include, in addition to the disposal of wastes authorized
by section 213 of the Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1980 (Public Law
96–164; 93 Stat. 1259, 1265), the transportation and disposal
of any non-defense Federal Government-owned transuranic waste that can be shown
to meet the applicable criteria described in the document entitled
Transuranic Waste Acceptance Criteria For The Waste Isolation Pilot
Plant, published by the Department of Energy on April 21, 2011, or any
successor document.
(b)
Definitions
In
this section:
(1)
Disposal;
transuranic waste
The terms
disposal and transuranic waste have the meanings
given those terms in section 2 of the Waste Isolation Pilot Plant Land
Withdrawal Act (Public Law 102–579; 106 Stat.
4777).
(2)
WIPP
The term WIPP means the
Waste Isolation Pilot Plant project authorized under section 213 of the
Department of Energy National Security and Military Applications of Nuclear
Energy Authorization Act of 1980 (Public Law 96–164; 93 Stat. 1259,
1265).
3146.
Conveyance of
land at the Hanford Site
(a)
Conveyance
required
(1)
In
general
Not later than 90
days after the date of the enactment of this Act, the Secretary of Energy shall
convey, for consideration at the estimated fair market value or, in accordance
with paragraph (2), below such value, to the Community Reuse Organization of
the Hanford Site (in this section referred to as the
Organization) all right, title, and interest of the United
States in and to the real property, including any improvements thereon,
described in paragraph (3).
(2)
Consideration
The
Secretary may convey real property pursuant to paragraph (1) for consideration
below the estimated fair market value of the real property, or without
consideration, only if the Organization—
(A) agrees that the
net proceeds from any sale or lease of the real property (or any portion
thereof) received by the Organization during at least the seven-year period
beginning on the date of such conveyance will be used to support the economic
redevelopment of, or related to, the Hanford Site; and
(B) executes the
agreement for such conveyance and accepts control of the real property within a
reasonable time.
(3)
Real property
described
The real property
described in this paragraph is the real property consisting of two parcels of
land of approximately 1,341 acres and 300 acres, respectively, of the Hanford
Reservation, as requested by the Community Reuse Organization for the Hanford
Site on May 31, 2011, and October 13, 2011, and as depicted within the proposed
boundaries on the map titled Attachment 2—Revised Map included
in the letter sent by the Community Reuse Organization for the Hanford Site to
the Department of Energy on October 13, 2011.
(b)
Priority
consideration
The Secretary
shall actively solicit, and provide priority consideration to, the views of the
cities and counties adjacent to the Hanford Site with respect to the
development and execution of the Hanford Comprehensive Land Use Plan.
3147.
Manhattan
Project National Historical Park
(a)
Purposes
The
purposes of this section are—
(1) to preserve and
protect for the benefit of present and future generations the nationally
significant historic resources associated with the Manhattan Project and which
are under the jurisdiction of the Department of Energy defense environmental
cleanup program under this title;
(2) to improve public understanding of the
Manhattan Project and the legacy of the Manhattan Project through
interpretation of the historic resources associated with the Manhattan
Project;
(3) to enhance public access to the Historical
Park consistent with protection of public safety, national security, and other
aspects of the mission of the Department of Energy; and
(4) to assist the Department of Energy,
Historical Park communities, historical societies, and other interested
organizations and individuals in efforts to preserve and protect the
historically significant resources associated with the Manhattan
Project.
(b)
Definitions
In
this section:
(1)
Historical
park
The term Historical Park means the Manhattan
Project National Historical Park established under subsection (c).
(2)
Manhattan
project
The term Manhattan Project means the
Federal military program to develop an atomic bomb ending on December 31,
1946.
(3)
Secretary
The
term Secretary means the Secretary of the Interior.
(c)
Establishment of
manhattan project national historical park
(1)
Establishment
(A)
Date
Not
later than 1 year after the date of enactment of this section, there shall be
established as a unit of the National Park System the Manhattan Project
National Historical Park.
(B)
Areas
included
The Historical Park shall consist of facilities and
areas listed under paragraph (2) as determined by the Secretary, in
consultation with the Secretary of Energy. The Secretary shall include the area
referred to in paragraph (2)(C)(i), the B Reactor National Historic Landmark,
in the Historical Park.
(2)
Eligible
areas
The Historical Park may
only be comprised of one or more of the following areas, or portions of the
areas, as generally depicted in the map titled Manhattan Project
National Historical Park Sites, numbered 540/108,834–C, and dated
September 2012:
(A)
Oak ridge,
Tennessee
Facilities, land, or interests in land that are—
(i) at
Buildings 9204–3 and 9731 at the Department of Energy Y–12 National Security
Complex;
(ii) at
the X–10 Graphite Reactor at the Department of Energy Oak Ridge National
Laboratory;
(iii) at
the K–25 Building site at the Department of Energy East Tennessee Technology
Park; and
(iv) at
the former Guest House located at 210 East Madison Road.
(B)
Los Alamos, New
Mexico
Facilities, land, or interests in land that are—
(i) in
the Los Alamos Scientific Laboratory National Historic Landmark District, or
any addition to the Landmark District proposed in the National Historic
Landmark Nomination—Los Alamos Scientific Laboratory (LASL) NHL District
(Working Draft of NHL Revision), Los Alamos National Laboratory document LA–UR
12–00387 (January 26, 2012);
(ii) at
the former East Cafeteria located at 1670 Nectar Street; and
(iii) at
the former dormitory located at 1725 17th Street.
(C)
Hanford,
Washington
Facilities, land, or interests in land on the
Department of Energy Hanford Nuclear Reservation that are—
(i) the
B Reactor National Historic Landmark;
(ii) the
Hanford High School in the town of Hanford and Hanford Construction Camp
Historic District;
(iii) the White Bluffs
Bank building in the White Bluffs Historic District;
(iv) the
warehouse at the Bruggemann’s Agricultural Complex;
(v) the
Hanford Irrigation District Pump House; and
(vi) the
T Plant (221–T Process Building).
(3)
Written consent
of owner
No non-Federal property may be included in the
Historical Park without the written consent of the owner.
(d)
Agreement
(1)
In
general
Not later than 1 year
after the date of enactment of this section, the Secretary and the Secretary of
Energy (acting through the Oak Ridge, Los Alamos, and Richland site offices)
shall enter into an agreement governing the respective roles of the Secretary
and the Secretary of Energy in administering the facilities, land, or interests
in land under the administrative jurisdiction of the Department of Energy that
is to be included in the Historical Park under subsection (c)(2), including
provisions for enhanced public access, management, interpretation, and historic
preservation.
(2)
Responsibilities
of the Secretary
Any agreement under paragraph (1) shall provide
that the Secretary shall—
(A) have
decisionmaking authority for the content of historic interpretation of the
Manhattan Project for purposes of administering the Historical Park; and
(B) ensure that the
agreement provides an appropriate advisory role for the National Park Service
in preserving the historic resources covered by the agreement.
(3)
Responsibilities
of the secretary of energy
Any agreement under paragraph (1)
shall provide that the Secretary of Energy—
(A) shall ensure that the agreement
appropriately protects public safety, national security, and other aspects of
the ongoing mission of the Department of Energy at the Oak Ridge Reservation,
Los Alamos National Laboratory, and Hanford Site;
(B) may consult with
and provide historical information to the Secretary concerning the Manhattan
Project;
(C) shall retain responsibility, in accordance
with applicable law, for any environmental remediation that may be necessary in
or around the facilities, land, or interests in land governed by the agreement;
and
(D) shall retain
authority and legal obligations for historic preservation and general
maintenance, including to ensure safe access, in connection with the
Department’s Manhattan Project resources.
(4)
Amendments
The
agreement under paragraph (1) may be amended, including to add to the
Historical Park facilities, land, or interests in land within the eligible
areas described in subsection (c)(2) that are under the jurisdiction of the
Secretary of Energy.
(e)
Public
participation
(1)
In
general
The Secretary shall consult with interested State,
county, and local officials, organizations, and interested members of the
public—
(A) before executing
any agreement under subsection (d); and
(B) in the development
of the general management plan under subsection (f)(2).
(2)
Notice of
determination
Not later than
30 days after the date on which an agreement under subsection (d) is entered
into, the Secretary shall publish in the Federal Register notice of the
establishment of the Historical Park, including an official boundary
map.
(3)
Availability of
map
The official boundary map published under paragraph (2) shall
be on file and available for public inspection in the appropriate offices of
the National Park Service. The map shall be updated to reflect any additions to
the Historical Park from eligible areas described in subsection (c)(2).
(4)
Additions
Any
land, interest in land, or facility within the eligible areas described in
subsection (c)(2) that is acquired by the Secretary or included in an amendment
to the agreement under subsection (d)(4) shall be added to the Historical
Park.
(f)
Administration
(1)
In
general
The Secretary shall administer the Historical Park in
accordance with—
(A) this section;
and
(B) the laws generally
applicable to units of the National Park System, including—
(i) the
National Park System Organic Act (16 U.S.C. 1 et seq.); and
(ii) the
Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(2)
General
management plan
Not later
than 3 years after the date on which funds are made available to carry out this
subsection, the Secretary, with the concurrence of the Secretary of Energy, and
in consultation and collaboration with the Oak Ridge, Los Alamos and Richland
Department of Energy site offices, shall complete a general management plan for
the Historical Park in accordance with section 12(b) of
Public Law
91–383 (commonly known as the National Park Service General
Authorities Act; 16
U.S.C. 1a–7(b)).
(3)
Interpretive
tours
The Secretary may,
subject to applicable law, provide interpretive tours of historically
significant Manhattan Project sites and resources in the States of Tennessee,
New Mexico, and Washington that are located outside the boundary of the
Historical Park.
(4)
Land
acquisition
(A)
In
general
The Secretary may acquire land and interests in land
within the eligible areas described in subsection (c)(2) by—
(i) transfer of
administrative jurisdiction from the Department of Energy by agreement between
the Secretary and the Secretary of Energy;
(ii) donation;
or
(iii) exchange.
(B)
No use of
condemnation
The Secretary may not acquire by condemnation any
land or interest in land under this section or for the purposes of this
section.
(5)
Donations;
cooperative agreements
(A)
Federal
facilities
(i)
In
general
The Secretary may enter into one or more agreements with
the head of a Federal agency to provide public access to, and management,
interpretation, and historic preservation of, historically significant
Manhattan Project resources under the jurisdiction or control of the Federal
agency.
(ii)
Donations;
cooperative agreements
The
Secretary may accept donations from, and enter into cooperative agreements
with, State governments, units of local government, tribal governments,
organizations, or individuals to further the purpose of an interagency
agreement entered into under clause (i) or to provide visitor services and
administrative facilities within reasonable proximity to the Historical
Park.
(B)
Technical
assistance
The Secretary may provide technical assistance to
State, local, or tribal governments, organizations, or individuals for the
management, interpretation, and historic preservation of historically
significant Manhattan Project resources not included within the Historical
Park.
(C)
Donations to
department of energy
For the purposes of this section, or for the
purpose of preserving and providing access to historically significant
Manhattan Project resources, the Secretary of Energy may accept, hold,
administer, and use gifts, bequests, and devises (including labor and
services).
(g)
Clarification
(1)
No buffer zone
created
Nothing in this section, the establishment of the
Historical Park, or the management plan for the Historical Park shall be
construed to create buffer zones outside of the Historical Park. That an
activity can be seen and heard from within the Historical Park shall not
preclude the conduct of that activity or use outside the Historical
Park.
(2)
No cause of
action
Nothing in this section shall constitute a cause of action
with respect to activities outside or adjacent to the established boundary of
the Historical Park.
XXXII
Defense
Nuclear Facilities Safety Board
3201.
Authorization
There is authorized to be appropriated for
fiscal year 2014 $29,915,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et
seq.).
3202.
Improvements to the
Defense Nuclear Facilities Safety Board
(a)
Cost-benefit
analysis
Subsection (a) of
section 315 of the Atomic Energy Act of 1954 (42 U.S.C. 2286d(a)) is
amended—
(1) by redesignating
paragraph (3) as paragraph (4); and
(2) by inserting after
paragraph (2) the following new paragraph (3):
(3) The Secretary may request an analysis from
the Board regarding the costs and benefits of any draft or final
recommendation. If the Secretary requests such an analysis, the Board shall
transmit to the Secretary such analysis by not later than 30 days after the
date of the request. The Board shall make such analysis available to the public
when the associated recommendation is made available to the public under
subsection (b) or promptly thereafter. Additionally, if the Secretary requests
such an analysis, the Secretary shall conduct an analysis of the costs and
benefits of the recommendation and make such analysis available to the public
together with the response of the Secretary to the Board under subsection (c).
.
(b)
Recommendations
Paragraph
(5) of section 312(b) of such Act (42 U.S.C.
2286a(b)(5)) is amended to read as follows:
(5)
Recommendations
The Board shall make such recommendations
to the Secretary of Energy with respect to Department of Energy defense nuclear
facilities, including operations of such facilities, standards, and research
needs, as the Board determines are necessary to ensure adequate protection of
public health and safety. In making its recommendations, the Board
shall—
(A) use rigorous, quantitative analysis;
(B) specifically
assess risk (whenever sufficient data exists);
(C) specifically
assess the use of various administrative, passive, and engineered controls for
implementing the recommended measures; and
(D) specifically
assess the technical and economic feasibility of implementing the recommended
measures.
.
XXXIV
Naval
Petroleum Reserves
3401.
Authorization
of appropriations
(a)
Amount
There are hereby authorized to be
appropriated to the Secretary of Energy $20,000,000 for fiscal year 2014 for
the purpose of carrying out activities under
chapter 641 of title 10,
United States Code, relating to the naval petroleum reserves.
(b)
Period of
availability
Funds appropriated pursuant to the authorization of
appropriations in subsection (a) shall remain available until expended.
XXXV
Maritime
Administration
3501.
Authorization
of appropriations for national security aspects of the Merchant Marine for
fiscal year 2014
Funds are
hereby authorized to be appropriated for fiscal year 2014, to be available
without fiscal year limitation if so provided in appropriations Acts, for the
use of the Department of Transportation for Maritime Administration programs
associated with maintaining national security aspects of the merchant marine,
as follows:
(1) For expenses
necessary for operations of the United States Merchant Marine Academy,
$81,268,000, of which—
(A) $67,268,000 shall
remain available until expended for Academy operations; and
(B) $14,000,000 shall
remain available until expended for capital asset management at the
Academy.
(2) For expenses
necessary to support the State maritime academies, $17,100,000, of
which—
(A) $2,400,000 shall
remain available until expended for student incentive payments;
(B) $3,600,000 shall
remain available until expended for direct payments to such academies;
and
(C) $11,100,000 shall
remain available until expended for maintenance and repair of State maritime
academy training vessels.
(3) For expenses
necessary to dispose of vessels in the National Defense Reserve Fleet,
$2,000,000, to remain available until expended.
(4) For expenses to maintain and preserve a
United States-flag merchant marine to serve the national security needs of the
United States under
chapter 531 of title 46,
United States Code, $183,000,000.
(5) For the cost (as
defined in section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C.
661a(5)) of loan guarantees under the program authorized by
chapter 537 of title 46,
United States Code, $72,655,000, of which $2,655,000 shall remain available
until expended for administrative expenses of the program.
3502.
5-year
reauthorization of vessel war risk insurance program
Section 53912 of
title 46, United States Code, is amended by striking December 31,
2015 and inserting December 31, 2020.
3503.
Sense of
Congress
(a)
Findings
Congress
finds the following:
(1) It is in the
interest of United States national security that the United States merchant
marine, both ships and mariners, serve as a naval auxiliary in times of war or
national emergency.
(2) The readiness of the United States merchant
fleet should be augmented by a Government-owned reserve fleet comprised of
ships with national defense features that may not be available immediately in
sufficient numbers or types in the active United States-owned, United
States-flagged, and United States-crewed commercial industry.
(3) The Ready Reserve
Force of the Maritime Administration, a component of the National Defense
Reserve Fleet, plays an important role in United States national security by
providing necessary readiness and efficiency in the form of a Government-owned
sealift fleet.
(b)
Sense of
Congress
It is the sense of Congress that—
(1) maintaining a
United States shipbuilding base is critical to meeting United States national
security requirements;
(2) it is of vital
importance that the Ready Reserve Force of the Maritime Administration remains
capable, modern, and efficient in order to best serve the national security
needs of the United States in times of war or national emergency;
(3) Federal agencies
must consider investment options for replacing aging vessels within the Ready
Reserve Force to meet future operational commitments;
(4) investment in recapitalizing the Ready
Reserve Force may include—
(A) construction of
dual-use vessels, based on need, for use in the America’s Marine Highway
Program of the Department of Transportation, as a recent study performed under
a cooperative agreement between the Maritime Administration and the Navy
demonstrated that dual-use vessels transporting domestic freight between United
States ports could be called upon to supplement sealift capacity;
(B) construction of
tanker vessels to meet military transport needs; and
(C) construction of
vessels for use in transporting potential new energy exports; and
(5) the Department of
Transportation, in consultation with the Navy, should pursue the most
cost-effective means of recapitalizing the Ready Reserve Force, including by
promoting the building of new vessels that are militarily useful and
commercially viable.
3504.
Treatment of
funds for intermodal transportation maritime facility, Port of Anchorage,
Alaska
Section 10205 of
Public Law
109–59 (119 Stat. 1934) is amended by striking
shall and inserting may.
3505.
Strategic
seaports
(a)
Priority
(1)
In
general
Under the port infrastructure development program
established under section 50302(c) of title 46,
United States Code, the Maritime Administrator, in consultation with the
Secretary of Defense, may give priority to providing funding to strategic
seaports in support of national security requirements.
(2)
Strategic
seaport defined
In this
subsection the term strategic seaport means a military port or
and commercial port that is subject to a port planning order or Basic Ordering
Agreement (or both) that is projected to be used for the deployment of forces
and shipment of ammunition or sustainment supplies in support of military
operations.
(b)
Financial
assistance
Section 50302(c)(2)(D) of title
46, United States Code, is amended by inserting and financial
assistance, including grants, after technical
assistance.
D
Funding
Tables
4001.
Authorization
of amounts in funding tables
(a)
In
general
Whenever a funding table in this division specifies a
dollar amount authorized for a project, program, or activity, the obligation
and expenditure of the specified dollar amount for the project, program, or
activity is hereby authorized, subject to the availability of
appropriations.
(b)
Merit-based
decisions
A decision to commit, obligate, or expend funds with or
to a specific entity on the basis of a dollar amount authorized pursuant to
subsection (a) shall—
(1) be based on
merit-based selection procedures in accordance with the requirements of
sections 2304(k) and
2374
of title 10, United States Code, or on competitive procedures; and
(2) comply with other
applicable provisions of law.
(c)
Relationship to
transfer and programming authority
An amount specified in the
funding tables in this division may be transferred or reprogrammed under a
transfer or reprogramming authority provided by another provision of this Act
or by other law. The transfer or reprogramming of an amount specified in such
funding tables shall not count against a ceiling on such transfers or
reprogrammings under section 1001 or section 1522 of this Act or any other
provision of law, unless such transfer or reprogramming would move funds
between appropriation accounts.
(d)
Applicability to
classified annex
This section applies to any classified annex
that accompanies this Act.
(e)
Oral and written
communications
No oral or written communication concerning any
amount specified in the funding tables in this division shall supersede the
requirements of this section.
XLI
PROCUREMENT
4101.
Procurement
SEC. 4101. PROCUREMENT(In
Thousands of Dollars)
LineItemFY 2014
RequestHouse Authorized
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001UTILITY F/W AIRCRAFT19,73019,730
002AERIAL COMMON SENSOR (ACS) (MIP)142,050142,050
003MQ–1 UAV518,460518,460
004RQ–11 (RAVEN)10,77210,772
ROTARY
005HELICOPTER, LIGHT UTILITY (LUH)96,227231,327
Program increase for additional
aircraft[115,100]
Program increase for
fielding[20,000]
006AH–64 APACHE BLOCK IIIA REMAN608,469608,469
007 ADVANCE PROCUREMENT
(CY)150,931150,931
011UH–60 BLACKHAWK M MODEL (MYP)1,046,9761,046,976
012 ADVANCE PROCUREMENT
(CY)116,001116,001
013CH–47 HELICOPTER801,650801,650
014 ADVANCE PROCUREMENT
(CY)98,37698,376
MODIFICATION OF
AIRCRAFT
015MQ–1 PAYLOAD—UAS97,78197,781
016GUARDRAIL MODS (MIP)10,26210,262
017MULTI SENSOR ABN RECON (MIP)12,46712,467
018AH–64 MODS53,55953,559
019CH–47 CARGO HELICOPTER MODS (MYP)149,764149,764
020UTILITY/CARGO AIRPLANE MODS17,50017,500
021UTILITY HELICOPTER MODS74,09574,095
022KIOWA MODS WARRIOR184,044184,044
023NETWORK AND MISSION PLAN152,569152,569
024COMMS, NAV SURVEILLANCE92,77992,779
025GATM ROLLUP65,61365,613
026RQ–7 UAV MODS121,902121,902
GROUND SUPPORT
AVIONICS
027AIRCRAFT SURVIVABILITY EQUIPMENT47,61047,610
028SURVIVABILITY CM5,7005,700
029CMWS126,869126,869
OTHER SUPPORT
030AVIONICS SUPPORT EQUIPMENT6,8096,809
031COMMON GROUND EQUIPMENT65,39765,397
032AIRCREW INTEGRATED SYSTEMS45,84145,841
033AIR TRAFFIC CONTROL79,69279,692
034INDUSTRIAL FACILITIES1,6151,615
035LAUNCHER, 2.75 ROCKET2,8772,877
TOTAL AIRCRAFT PROCUREMENT,
ARMY5,024,3875,159,487
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR MISSILE
SYSTEM
002MSE MISSILE540,401540,401
AIR-TO-SURFACE MISSILE
SYSTEM
003HELLFIRE SYS SUMMARY4,4644,464
ANTI-TANK/ASSAULT MISSILE
SYS
004JAVELIN (AAWS-M) SYSTEM SUMMARY110,510110,510
005TOW 2 SYSTEM SUMMARY49,35449,354
006 ADVANCE PROCUREMENT
(CY)19,96519,965
007GUIDED MLRS ROCKET (GMLRS)237,216237,216
008MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR)19,02219,022
MODIFICATIONS
010PATRIOT MODS256,438256,438
011STINGER MODS37,25237,252
012ITAS/TOW MODS20,00020,000
013MLRS MODS11,57111,571
014HIMARS MODIFICATIONS6,1056,105
SPARES AND REPAIR
PARTS
015SPARES AND REPAIR PARTS11,22211,222
SUPPORT EQUIPMENT &
FACILITIES
016AIR DEFENSE TARGETS3,5303,530
017ITEMS LESS THAN $5.0M (MISSILES)1,7481,748
018PRODUCTION BASE SUPPORT5,2855,285
TOTAL MISSILE PROCUREMENT,
ARMY1,334,0831,334,083
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001STRYKER VEHICLE374,100374,100
MODIFICATION OF TRACKED COMBAT
VEHICLES
002STRYKER (MOD)20,52220,522
003FIST VEHICLE (MOD)29,96529,965
004BRADLEY PROGRAM (MOD)158,000158,000
005HOWITZER, MED SP FT 155MM M109A6 (MOD)4,7694,769
006PALADIN INTEGRATED MANAGEMENT (PIM)260,177260,177
007IMPROVED RECOVERY VEHICLE (M88A2 HERCULES)111,031186,031
Program increase[75,000]
008ASSAULT BRIDGE (MOD)2,5002,500
009ASSAULT BREACHER VEHICLE62,95193,951
Program increase[31,000]
010M88 FOV MODS28,46928,469
011JOINT ASSAULT BRIDGE2,0022,002
012M1 ABRAMS TANK (MOD)178,100178,100
013ABRAMS UPGRADE PROGRAM0168,000
Program increase[168,000]
SUPPORT EQUIPMENT &
FACILITIES
014PRODUCTION BASE SUPPORT (TCV-WTCV)1,5441,544
WEAPONS & OTHER COMBAT
VEHICLES
015INTEGRATED AIR BURST WEAPON SYSTEM FAMILY69,1478,147
Funding ahead of need[–50,000]
Transfer to PE 64601A per Army's
request[–11,000]
018MORTAR SYSTEMS5,3105,310
019XM320 GRENADE LAUNCHER MODULE (GLM)24,04924,049
021CARBINE70,84648,846
Funding ahead of need[–22,000]
023COMMON REMOTELY OPERATED WEAPONS STATION56,58056,580
024HANDGUN300300
MOD OF WEAPONS AND OTHER COMBAT
VEH
026M777 MODS39,30039,300
027M4 CARBINE MODS10,30010,300
028M2 50 CAL MACHINE GUN MODS33,69133,691
029M249 SAW MACHINE GUN MODS7,6087,608
030M240 MEDIUM MACHINE GUN MODS2,7192,719
031SNIPER RIFLES MODIFICATIONS7,0177,017
032M119 MODIFICATIONS18,70718,707
033M16 RIFLE MODS2,1362,136
034MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV)1,5691,569
SUPPORT EQUIPMENT &
FACILITIES
035ITEMS LESS THAN $5.0M (WOCV-WTCV)2,0242,024
036PRODUCTION BASE SUPPORT (WOCV-WTCV)10,10810,108
037INDUSTRIAL PREPAREDNESS459459
038SMALL ARMS EQUIPMENT (SOLDIER ENH PROG)1,2671,267
TOTAL PROCUREMENT OF W&TCV,
ARMY1,597,2671,788,267
PROCUREMENT OF AMMUNITION,
ARMY
SMALL/MEDIUM CAL
AMMUNITION
002CTG, 5.56MM, ALL TYPES112,16787,167
Unit cost efficiencies—Army requested
reduction[–25,000]
003CTG, 7.62MM, ALL TYPES58,57153,571
Unit cost efficiencies—Army requested
reduction[–5,000]
004CTG, HANDGUN, ALL TYPES9,8589,858
005CTG, .50 CAL, ALL TYPES80,03755,037
Unit cost efficiencies—Army requested
reduction[–25,000]
007CTG, 25MM, ALL TYPES16,49616,496
008CTG, 30MM, ALL TYPES69,53350,033
Unit cost efficiencies—Army requested
reduction[–19,500]
009CTG, 40MM, ALL TYPES55,78155,781
MORTAR AMMUNITION
01060MM MORTAR, ALL TYPES38,02938,029
01181MM MORTAR, ALL TYPES24,65624,656
012120MM MORTAR, ALL TYPES60,78160,781
TANK AMMUNITION
013CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES121,551121,551
ARTILLERY
AMMUNITION
014ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES39,82539,825
015ARTILLERY PROJECTILE, 155MM, ALL TYPES37,90237,902
016PROJ 155MM EXTENDED RANGE M98267,89667,896
017ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL71,20571,205
ROCKETS
020SHOULDER LAUNCHED MUNITIONS, ALL TYPES1,0121,012
021ROCKET, HYDRA 70, ALL TYPES108,476108,476
OTHER AMMUNITION
022DEMOLITION MUNITIONS, ALL TYPES24,07424,074
023GRENADES, ALL TYPES33,24233,242
024SIGNALS, ALL TYPES7,6097,609
025SIMULATORS, ALL TYPES5,2285,228
MISCELLANEOUS
026AMMO COMPONENTS, ALL TYPES16,70016,700
027NON-LETHAL AMMUNITION, ALL TYPES7,3667,366
028CAD/PAD ALL TYPES3,6143,614
029ITEMS LESS THAN $5 MILLION (AMMO)12,42312,423
030AMMUNITION PECULIAR EQUIPMENT16,60416,604
031FIRST DESTINATION TRANSPORTATION (AMMO)14,32814,328
032CLOSEOUT LIABILITIES108108
PRODUCTION BASE
SUPPORT
033PROVISION OF INDUSTRIAL FACILITIES242,324242,324
034CONVENTIONAL MUNITIONS DEMILITARIZATION179,605179,605
035ARMS INITIATIVE3,4363,436
TOTAL PROCUREMENT OF
AMMUNITION, ARMY1,540,4371,465,937
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001TACTICAL TRAILERS/DOLLY SETS4,0004,000
002SEMITRAILERS, FLATBED:6,8416,841
003FAMILY OF MEDIUM TACTICAL VEH (FMTV)223,910223,910
004FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP11,88011,880
005FAMILY OF HEAVY TACTICAL VEHICLES (FHTV)14,73114,731
006PLS ESP44,25244,252
009HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV39,52539,525
011TACTICAL WHEELED VEHICLE PROTECTION KITS51,25825,958
Funding ahead of need[–25,300]
012MODIFICATION OF IN SVC EQUIP49,90449,904
013MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS2,2002,200
NON-TACTICAL
VEHICLES
014HEAVY ARMORED SEDAN400400
015PASSENGER CARRYING VEHICLES716716
016NONTACTICAL VEHICLES, OTHER5,6195,619
COMM—JOINT
COMMUNICATIONS
018WIN-T—GROUND FORCES TACTICAL NETWORK973,477973,477
019SIGNAL MODERNIZATION PROGRAM14,12014,120
020JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY7,8697,869
021JCSE EQUIPMENT (USREDCOM)5,2965,296
COMM—SATELLITE
COMMUNICATIONS
022DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS147,212147,212
023TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS7,9987,998
024SHF TERM7,2327,232
025NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE)3,3083,308
026SMART-T (SPACE)13,99213,992
028GLOBAL BRDCST SVC—GBS28,20628,206
029MOD OF IN-SVC EQUIP (TAC SAT)2,7782,778
COMM—C3 SYSTEM
031ARMY GLOBAL CMD & CONTROL SYS (AGCCS)17,59017,590
COMM—COMBAT
COMMUNICATIONS
032ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO)786786
033JOINT TACTICAL RADIO SYSTEM382,930382,930
034MID-TIER NETWORKING VEHICULAR RADIO (MNVR)19,20019,200
035RADIO TERMINAL SET, MIDS LVT(2)1,4381,438
036SINCGARS FAMILY9,8569,856
037AMC CRITICAL ITEMS—OPA214,18414,184
038TRACTOR DESK6,2716,271
040SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS1,0301,030
041TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM31,86831,868
042UNIFIED COMMAND SUITE18,00018,000
044RADIO, IMPROVED HF (COTS) FAMILY1,1661,166
045FAMILY OF MED COMM FOR COMBAT CASUALTY CARE22,86722,867
COMM—INTELLIGENCE
COMM
048CI AUTOMATION ARCHITECTURE1,5121,512
049ARMY CA/MISO GPF EQUIPMENT61,09661,096
INFORMATION
SECURITY
050TSEC—ARMY KEY MGT SYS (AKMS)13,89013,890
051INFORMATION SYSTEM SECURITY PROGRAM-ISSP23,24523,245
052BIOMETRICS ENTERPRISE3,8003,800
053COMMUNICATIONS SECURITY (COMSEC)24,71124,711
COMM—LONG HAUL
COMMUNICATIONS
055BASE SUPPORT COMMUNICATIONS43,39543,395
COMM—BASE
COMMUNICATIONS
057INFORMATION SYSTEMS104,577104,577
058DEFENSE MESSAGE SYSTEM (DMS)612612
059EMERGENCY MANAGEMENT MODERNIZATION PROGRAM39,00039,000
060INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM248,477248,477
ELECT EQUIP—TACT INT REL ACT
(TIARA)
064JTT/CIBS-M824824
065PROPHET GROUND59,19859,198
067DCGS-A (MIP)267,214267,214
068JOINT TACTICAL GROUND STATION (JTAGS)9,8999,899
069TROJAN (MIP)24,59824,598
070MOD OF IN-SVC EQUIP (INTEL SPT) (MIP)1,9271,927
071CI HUMINT AUTO REPRTING AND COLL(CHARCS)6,1696,169
072MACHINE FOREIGN LANGUAGE TRANSLATION SYSTEM-M2,9242,924
ELECT EQUIP—ELECTRONIC WARFARE
(EW)
074LIGHTWEIGHT COUNTER MORTAR RADAR40,73540,735
075EW PLANNING & MANAGEMENT TOOLS (EWPMT)1313
076ENEMY UAS2,8002,800
079COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES1,2371,237
080CI MODERNIZATION1,3991,399
ELECT EQUIP—TACTICAL SURV. (TAC
SURV)
082SENTINEL MODS47,98347,983
083SENSE THROUGH THE WALL (STTW)142142
084NIGHT VISION DEVICES202,428202,428
085LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM5,1835,183
086NIGHT VISION, THERMAL WPN SIGHT14,07414,074
087SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF22,30022,300
089GREEN LASER INTERDICTION SYSTEM (GLIS)1,0161,016
090INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS55,35455,354
091ARTILLERY ACCURACY EQUIP800800
092PROFILER3,0273,027
093MOD OF IN-SVC EQUIP (FIREFINDER RADARS)1,1851,185
094JOINT BATTLE COMMAND—PLATFORM (JBC-P)103,214103,214
096MOD OF IN-SVC EQUIP (LLDR)26,03726,037
097MORTAR FIRE CONTROL SYSTEM23,10023,100
098COUNTERFIRE RADARS312,727312,727
ELECT EQUIP—TACTICAL C2
SYSTEMS
101FIRE SUPPORT C2 FAMILY43,22843,228
102BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM14,44614,446
103FAAD C24,6074,607
104AIR
& MSL DEFENSE PLANNING & CONTROL SYS33,09033,090
105IAMD BATTLE COMMAND SYSTEM21,20021,200
107LIFE CYCLE SOFTWARE SUPPORT (LCSS)1,7951,795
109NETWORK MANAGEMENT INITIALIZATION AND SERVICE54,32754,327
110MANEUVER CONTROL SYSTEM (MCS)59,17159,171
111GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A)83,93683,936
113LOGISTICS AUTOMATION25,47625,476
114RECONNAISSANCE AND SURVEYING INSTRUMENT SET19,34119,341
ELECT
EQUIP—AUTOMATION
115ARMY TRAINING MODERNIZATION11,86511,865
116AUTOMATED DATA PROCESSING EQUIP219,431219,431
117GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM6,4146,414
118HIGH PERF COMPUTING MOD PGM (HPCMP)62,68362,683
120RESERVE COMPONENT AUTOMATION SYS (RCAS)34,95134,951
ELECT EQUIP—AUDIO VISUAL SYS
(A/V)
121ITEMS LESS THAN $5.0M (A/V)7,4407,440
122ITEMS LESS THAN $5M (SURVEYING EQUIPMENT)1,6151,615
ELECT
EQUIP—SUPPORT
123PRODUCTION BASE SUPPORT (C-E)554554
124BCT EMERGING TECHNOLOGIES20,00020,000
CLASSIFIED
PROGRAMS
124ACLASSIFIED PROGRAMS3,5583,558
CHEMICAL DEFENSIVE
EQUIPMENT
126FAMILY OF NON-LETHAL EQUIPMENT (FNLE)762762
127BASE DEFENSE SYSTEMS (BDS)20,63020,630
128CBRN DEFENSE22,15122,151
BRIDGING
EQUIPMENT
130TACTICAL BRIDGING14,18814,188
131TACTICAL BRIDGE, FLOAT-RIBBON23,10123,101
132COMMON BRIDGE TRANSPORTER (CBT) RECAP15,41615,416
ENGINEER (NON-CONSTRUCTION)
EQUIPMENT
134GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS)50,46550,465
135ROBOTIC COMBAT SUPPORT SYSTEM (RCSS)6,4906,490
136EOD ROBOTICS SYSTEMS RECAPITALIZATION1,5631,563
137EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT)20,92120,921
138REMOTE DEMOLITION SYSTEMS100100
139< $5M, COUNTERMINE EQUIPMENT2,2712,271
COMBAT SERVICE SUPPORT
EQUIPMENT
140HEATERS AND ECU'S7,2697,269
141LAUNDRIES, SHOWERS AND LATRINES200200
142SOLDIER ENHANCEMENT1,4681,468
143PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS)26,52626,526
144GROUND SOLDIER SYSTEM81,68071,680
Unjustified unit cost
growth[–10,000]
147FIELD FEEDING EQUIPMENT28,09628,096
148CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM56,15056,150
149MORTUARY AFFAIRS SYSTEMS3,2423,242
150FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS38,14138,141
151ITEMS LESS THAN $5M (ENG SPT)5,8595,859
PETROLEUM
EQUIPMENT
152DISTRIBUTION SYSTEMS, PETROLEUM & WATER60,61260,612
MEDICAL EQUIPMENT
153COMBAT SUPPORT MEDICAL22,04222,042
154MEDEVAC MISSON EQUIPMENT PACKAGE (MEP)35,31835,318
MAINTENANCE
EQUIPMENT
155MOBILE MAINTENANCE EQUIPMENT SYSTEMS19,42719,427
156ITEMS LESS THAN $5.0M (MAINT EQ)3,8603,860
CONSTRUCTION
EQUIPMENT
157GRADER, ROAD MTZD, HVY, 6X4 (CCE)2,0002,000
159SCRAPERS, EARTHMOVING36,07836,078
160MISSION MODULES—ENGINEERING9,7219,721
162HYDRAULIC EXCAVATOR50,12250,122
163TRACTOR, FULL TRACKED28,82828,828
164ALL TERRAIN CRANES19,86319,863
166HIGH MOBILITY ENGINEER EXCAVATOR (HMEE)23,46523,465
168ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP13,59013,590
169CONST EQUIP ESP16,08816,088
170ITEMS LESS THAN $5.0M (CONST EQUIP)6,8506,850
RAIL FLOAT CONTAINERIZATION
EQUIPMENT
171ARMY WATERCRAFT ESP38,00719,007
Funding ahead of need[–19,000]
172ITEMS LESS THAN $5.0M (FLOAT/RAIL)10,60510,605
GENERATORS
173GENERATORS AND ASSOCIATED EQUIP129,437129,437
MATERIAL HANDLING
EQUIPMENT
174ROUGH TERRAIN CONTAINER HANDLER (RTCH)1,2501,250
175FAMILY OF FORKLIFTS8,2608,260
TRAINING
EQUIPMENT
176COMBAT TRAINING CENTERS SUPPORT121,710121,710
177TRAINING DEVICES, NONSYSTEM225,200225,200
178CLOSE COMBAT TACTICAL TRAINER30,06330,063
179AVIATION COMBINED ARMS TACTICAL TRAINER34,91334,913
180GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING9,9559,955
TEST MEASURE AND DIG EQUIPMENT
(TMD)
181CALIBRATION SETS EQUIPMENT8,2418,241
182INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE)67,50667,506
183TEST EQUIPMENT MODERNIZATION (TEMOD)18,75518,755
OTHER SUPPORT
EQUIPMENT
184M25 STABILIZED BINOCULAR5,1105,110
185RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT5,1105,110
186PHYSICAL SECURITY SYSTEMS (OPA3)62,90462,904
187BASE LEVEL COMMON EQUIPMENT1,4271,427
188MODIFICATION OF IN-SVC EQUIPMENT (OPA–3)96,66196,661
189PRODUCTION BASE SUPPORT (OTH)2,4502,450
190SPECIAL EQUIPMENT FOR USER TESTING11,59311,593
191AMC CRITICAL ITEMS OPA38,9488,948
192TRACTOR YARD8,0008,000
OPA2
195INITIAL SPARES—C&E59,70059,700
TOTAL OTHER PROCUREMENT,
ARMY6,465,2186,410,918
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001EA–18G2,001,7871,956,787
Program adjustment[–45,000]
003F/A–18E/F (FIGHTER) HORNET206,551206,551
004 ADVANCE PROCUREMENT
(CY)075,000
Program increase[75,000]
005JOINT STRIKE FIGHTER CV1,135,4441,135,444
006 ADVANCE PROCUREMENT
(CY)94,76694,766
007JSF STOVL1,267,2601,267,260
008 ADVANCE PROCUREMENT
(CY)103,195103,195
009V–22 (MEDIUM LIFT)1,432,5731,432,573
010 ADVANCE PROCUREMENT
(CY)55,19655,196
011H–1 UPGRADES (UH–1Y/AH–1Z)749,962749,962
012 ADVANCE PROCUREMENT
(CY)71,00071,000
013MH–60S (MYP)383,831383,831
014 ADVANCE PROCUREMENT
(CY)37,27837,278
015MH–60R (MYP)599,237599,237
016 ADVANCE PROCUREMENT
(CY)231,834231,834
017P–8A POSEIDON3,189,9893,189,989
018 ADVANCE PROCUREMENT
(CY)313,160313,160
019E–2D ADV HAWKEYE997,107962,107
Unjustified CRI Funding[–35,000]
020 ADVANCE PROCUREMENT
(CY)266,542266,542
TRAINER AIRCRAFT
021JPATS249,080249,080
OTHER AIRCRAFT
022KC–130J134,358134,358
023 ADVANCE PROCUREMENT
(CY)32,28832,288
025 ADVANCE PROCUREMENT
(CY)52,00252,002
026MQ–8 UAV60,98060,980
028OTHER SUPPORT AIRCRAFT14,95814,958
MODIFICATION OF
AIRCRAFT
029EA–6 SERIES18,57718,577
030AEA SYSTEMS48,50248,502
031AV–8 SERIES41,57541,575
032ADVERSARY2,9922,992
033F–18 SERIES875,371875,371
034H–46 SERIES2,1272,127
036H–53 SERIES67,67567,675
037SH–60 SERIES135,054135,054
038H–1 SERIES41,70641,706
039EP–3 SERIES55,90377,903
12th Aircraft Spiral 3
Upgrade[8,000]
Multi-INT Sensor Kits &
Installation[14,000]
040P–3 SERIES37,43637,436
041E–2 SERIES31,04431,044
042TRAINER A/C SERIES43,72043,720
043C–2A902902
044C–130 SERIES47,58747,587
045FEWSG665665
046CARGO/TRANSPORT A/C SERIES14,58714,587
047E–6 SERIES189,312189,312
048EXECUTIVE HELICOPTERS SERIES85,53785,537
049SPECIAL PROJECT AIRCRAFT3,68416,684
Engineering and Technical Services
Support[8,000]
Multi-INT Sensor Kits &
Installation[5,000]
050T–45 SERIES98,12898,128
051POWER PLANT CHANGES22,99922,999
052JPATS SERIES1,5761,576
053AVIATION LIFE SUPPORT MODS6,2676,267
054COMMON ECM EQUIPMENT141,685141,685
055COMMON AVIONICS CHANGES120,660120,660
056COMMON DEFENSIVE WEAPON SYSTEM3,5543,554
057ID SYSTEMS41,80041,800
058P–8 SERIES9,4859,485
059MAGTF EW FOR AVIATION14,43114,431
060MQ–8 SERIES1,0011,001
061RQ–7 SERIES26,43326,433
062V–22 (TILT/ROTOR ACFT) OSPREY160,834160,834
063F–35 STOVL SERIES147,130147,130
064F–35 CV SERIES31,10031,100
AIRCRAFT SPARES AND REPAIR
PARTS
065SPARES AND REPAIR PARTS1,142,4611,142,461
AIRCRAFT SUPPORT EQUIP &
FACILITIES
066COMMON GROUND EQUIPMENT410,044410,044
067AIRCRAFT INDUSTRIAL FACILITIES27,45027,450
068WAR CONSUMABLES28,93028,930
069OTHER PRODUCTION CHARGES5,2685,268
070SPECIAL SUPPORT EQUIPMENT60,30660,306
071FIRST DESTINATION TRANSPORTATION1,7751,775
TOTAL AIRCRAFT PROCUREMENT,
NAVY17,927,65117,957,651
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001TRIDENT II MODS1,140,8651,126,765
Equipment related to New START treaty
implementation[–14,100]
SUPPORT EQUIPMENT &
FACILITIES
002MISSILE INDUSTRIAL FACILITIES7,6177,617
STRATEGIC
MISSILES
003TOMAHAWK312,456312,456
TACTICAL MISSILES
004AMRAAM95,41395,413
005SIDEWINDER117,208117,208
006JSOW136,794136,794
007STANDARD MISSILE367,985367,985
008RAM67,59667,596
009HELLFIRE33,91633,916
010STAND OFF PRECISION GUIDED MUNITIONS (SOPGM)6,2786,278
011AERIAL TARGETS41,79941,799
012OTHER MISSILE SUPPORT3,5383,538
MODIFICATION OF
MISSILES
013ESSM76,74976,749
014HARM MODS111,902111,902
SUPPORT EQUIPMENT &
FACILITIES
015WEAPONS INDUSTRIAL FACILITIES1,1381,138
016FLEET SATELLITE COMM FOLLOW-ON23,01423,014
ORDNANCE SUPPORT
EQUIPMENT
017ORDNANCE SUPPORT EQUIPMENT84,31884,318
TORPEDOES AND RELATED
EQUIP
018SSTD3,9783,978
019ASW TARGETS8,0318,031
MOD OF TORPEDOES AND RELATED
EQUIP
020MK–54 TORPEDO MODS125,898125,898
021MK–48 TORPEDO ADCAP MODS53,20353,203
022QUICKSTRIKE MINE7,8007,800
SUPPORT EQUIPMENT
023TORPEDO SUPPORT EQUIPMENT59,73059,730
024ASW RANGE SUPPORT4,2224,222
DESTINATION
TRANSPORTATION
025FIRST DESTINATION TRANSPORTATION3,9633,963
GUNS AND GUN
MOUNTS
026SMALL ARMS AND WEAPONS12,51312,513
MODIFICATION OF GUNS AND GUN
MOUNTS
027CIWS MODS56,30856,308
028COAST GUARD WEAPONS10,72710,727
029GUN MOUNT MODS72,90172,901
030CRUISER MODERNIZATION WEAPONS1,9431,943
031AIRBORNE MINE NEUTRALIZATION SYSTEMS19,75819,758
SPARES AND REPAIR
PARTS
033SPARES AND REPAIR PARTS52,63252,632
TOTAL WEAPONS PROCUREMENT,
NAVY3,122,1933,108,093
PROCUREMENT OF AMMO, NAVY &
MC
NAVY AMMUNITION
001GENERAL PURPOSE BOMBS37,70337,703
002AIRBORNE ROCKETS, ALL TYPES65,41165,411
003MACHINE GUN AMMUNITION20,28420,284
004PRACTICE BOMBS37,87037,870
005CARTRIDGES & CART ACTUATED DEVICES53,76453,764
006AIR EXPENDABLE COUNTERMEASURES67,19467,194
007JATOS2,7492,749
008LRLAP 6" LONG RANGE ATTACK PROJECTILE3,9063,906
0095 INCH/54 GUN AMMUNITION24,15124,151
010INTERMEDIATE CALIBER GUN AMMUNITION33,08033,080
011OTHER SHIP GUN AMMUNITION40,39840,398
012SMALL ARMS & LANDING PARTY AMMO61,21961,219
013PYROTECHNIC AND DEMOLITION10,63710,637
014AMMUNITION LESS THAN $5 MILLION4,5784,578
MARINE CORPS
AMMUNITION
015SMALL ARMS AMMUNITION26,29726,297
016LINEAR CHARGES, ALL TYPES6,0886,088
01740 MM, ALL TYPES7,6447,644
01860MM, ALL TYPES3,3493,349
020120MM, ALL TYPES13,36113,361
022GRENADES, ALL TYPES2,1492,149
023ROCKETS, ALL TYPES27,46527,465
026FUZE, ALL TYPES26,36626,366
028AMMO MODERNIZATION8,4038,403
029ITEMS LESS THAN $5 MILLION5,2015,201
TOTAL PROCUREMENT OF AMMO, NAVY
& MC589,267589,267
SHIPBUILDING & CONVERSION,
NAVY
OTHER WARSHIPS
001CARRIER REPLACEMENT PROGRAM944,866944,866
003VIRGINIA CLASS SUBMARINE2,930,7043,422,704
Increase to Virginia
class[492,000]
004 ADVANCE PROCUREMENT
(CY)2,354,6122,354,612
005CVN REFUELING OVERHAULS1,705,4241,705,424
006 ADVANCE PROCUREMENT
(CY)245,793245,793
007DDG 1000231,694310,994
Increase to DDG 1000[79,300]
008DDG–511,615,5641,615,564
009 ADVANCE PROCUREMENT
(CY)388,551388,551
010LITTORAL COMBAT SHIP1,793,0141,793,014
AMPHIBIOUS SHIPS
012AFLOAT FORWARD STAGING BASE524,000524,000
014JOINT HIGH SPEED VESSEL2,7322,732
AUXILIARIES, CRAFT AND PRIOR YR
PROGRAM COST
016 ADVANCE PROCUREMENT
(CY)183,900183,900
017OUTFITTING450,163450,163
019LCAC SLEP80,98780,987
020COMPLETION OF PY SHIPBUILDING PROGRAMS625,800988,800
DDG–51[332,000]
Joint High Speed Vessel[7,600]
MTS[23,400]
TOTAL SHIPBUILDING &
CONVERSION, NAVY14,077,80415,012,104
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001LM–2500 GAS TURBINE10,18010,180
002ALLISON 501K GAS TURBINE5,5365,536
003HYBRID ELECTRIC DRIVE (HED)16,95616,956
GENERATORS
004SURFACE COMBATANT HM&E19,78219,782
NAVIGATION
EQUIPMENT
005OTHER NAVIGATION EQUIPMENT39,50939,509
PERISCOPES
006SUB PERISCOPES & IMAGING EQUIP52,51552,515
OTHER SHIPBOARD
EQUIPMENT
007DDG MOD285,994285,994
008FIREFIGHTING EQUIPMENT14,38914,389
009COMMAND AND CONTROL SWITCHBOARD2,4362,436
010LHA/LHD MIDLIFE12,70012,700
011LCC 19/20 EXTENDED SERVICE LIFE PROGRAM40,32940,329
012POLLUTION CONTROL EQUIPMENT19,60319,603
013SUBMARINE SUPPORT EQUIPMENT8,6788,678
014VIRGINIA CLASS SUPPORT EQUIPMENT74,20974,209
015LCS CLASS SUPPORT EQUIPMENT47,07847,078
016SUBMARINE BATTERIES37,00037,000
017LPD CLASS SUPPORT EQUIPMENT25,05325,053
018STRATEGIC PLATFORM SUPPORT EQUIP12,98612,986
019DSSP EQUIPMENT2,4552,455
020CG MODERNIZATION10,53910,539
021LCAC14,43114,431
022UNDERWATER EOD PROGRAMS36,70036,700
023ITEMS LESS THAN $5 MILLION119,902119,902
024CHEMICAL WARFARE DETECTORS3,6783,678
025SUBMARINE LIFE SUPPORT SYSTEM8,2928,292
REACTOR PLANT
EQUIPMENT
027REACTOR COMPONENTS286,744286,744
OCEAN ENGINEERING
028DIVING AND SALVAGE EQUIPMENT8,7808,780
SMALL BOATS
029STANDARD BOATS36,45236,452
TRAINING
EQUIPMENT
030OTHER SHIPS TRAINING EQUIPMENT36,14536,145
PRODUCTION FACILITIES
EQUIPMENT
031OPERATING FORCES IPE69,36869,368
OTHER SHIP
SUPPORT
032NUCLEAR ALTERATIONS106,328106,328
033LCS COMMON MISSION MODULES EQUIPMENT45,96645,966
034LCS MCM MISSION MODULES59,88559,885
035LCS SUW MISSION MODULES37,16837,168
LOGISTIC SUPPORT
036LSD MIDLIFE77,97477,974
SHIP SONARS
038SPQ–9B RADAR27,93427,934
039AN/SQQ–89 SURF ASW COMBAT SYSTEM83,23183,231
040SSN ACOUSTICS199,438199,438
041UNDERSEA WARFARE SUPPORT EQUIPMENT9,3949,394
042SONAR SWITCHES AND TRANSDUCERS12,95312,953
043ELECTRONIC WARFARE MILDEC8,9588,958
ASW ELECTRONIC
EQUIPMENT
044SUBMARINE ACOUSTIC WARFARE SYSTEM24,07724,077
045SSTD11,92511,925
046FIXED SURVEILLANCE SYSTEM94,33894,338
047SURTASS9,6809,680
048MARITIME PATROL AND RECONNSAISANCE FORCE18,13018,130
ELECTRONIC WARFARE
EQUIPMENT
049AN/SLQ–32203,375203,375
RECONNAISSANCE
EQUIPMENT
050SHIPBOARD IW EXPLOIT123,656123,656
051AUTOMATED IDENTIFICATION SYSTEM (AIS)896896
SUBMARINE SURVEILLANCE
EQUIPMENT
052SUBMARINE SUPPORT EQUIPMENT PROG49,47549,475
OTHER SHIP ELECTRONIC
EQUIPMENT
053COOPERATIVE ENGAGEMENT CAPABILITY34,69234,692
054TRUSTED INFORMATION SYSTEM (TIS)396396
055NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS)15,70315,703
056ATDLS3,8363,836
057NAVY COMMAND AND CONTROL SYSTEM (NCCS)7,2017,201
058MINESWEEPING SYSTEM REPLACEMENT54,40054,400
059SHALLOW WATER MCM8,5488,548
060NAVSTAR GPS RECEIVERS (SPACE)11,76511,765
061AMERICAN FORCES RADIO AND TV SERVICE6,4836,483
062STRATEGIC PLATFORM SUPPORT EQUIP7,6317,631
TRAINING
EQUIPMENT
063OTHER TRAINING EQUIPMENT53,64453,644
AVIATION ELECTRONIC
EQUIPMENT
064MATCALS7,4617,461
065SHIPBOARD AIR TRAFFIC CONTROL9,1409,140
066AUTOMATIC CARRIER LANDING SYSTEM20,79820,798
067NATIONAL AIR SPACE SYSTEM19,75419,754
068FLEET AIR TRAFFIC CONTROL SYSTEMS8,9098,909
069LANDING SYSTEMS13,55413,554
070ID SYSTEMS38,93438,934
071NAVAL MISSION PLANNING SYSTEMS14,13114,131
OTHER SHORE ELECTRONIC
EQUIPMENT
072DEPLOYABLE JOINT COMMAND & CONTROL3,2493,249
073MARITIME INTEGRATED BROADCAST SYSTEM11,64611,646
074TACTICAL/MOBILE C4I SYSTEMS18,18918,189
075DCGS-N17,35017,350
076CANES340,567340,567
077RADIAC9,8359,835
078CANES-INTELL59,65259,652
079GPETE6,2536,253
080INTEG COMBAT SYSTEM TEST FACILITY4,9634,963
081EMI CONTROL INSTRUMENTATION4,6644,664
082ITEMS LESS THAN $5 MILLION66,88966,889
SHIPBOARD
COMMUNICATIONS
084SHIP COMMUNICATIONS AUTOMATION23,87723,877
086COMMUNICATIONS ITEMS UNDER $5M28,00128,001
SUBMARINE
COMMUNICATIONS
087SUBMARINE BROADCAST SUPPORT7,8567,856
088SUBMARINE COMMUNICATION EQUIPMENT74,37674,376
SATELLITE
COMMUNICATIONS
089SATELLITE COMMUNICATIONS SYSTEMS27,38127,381
090NAVY MULTIBAND TERMINAL (NMT)215,952215,952
SHORE
COMMUNICATIONS
091JCS COMMUNICATIONS EQUIPMENT4,4634,463
092ELECTRICAL POWER SYSTEMS778778
CRYPTOGRAPHIC
EQUIPMENT
094INFO SYSTEMS SECURITY PROGRAM (ISSP)133,530133,530
095MIO INTEL EXPLOITATION TEAM1,0001,000
CRYPTOLOGIC
EQUIPMENT
096CRYPTOLOGIC COMMUNICATIONS EQUIP12,25112,251
OTHER ELECTRONIC
SUPPORT
097COAST GUARD EQUIPMENT2,8932,893
SONOBUOYS
099SONOBUOYS—ALL TYPES179,927179,927
AIRCRAFT SUPPORT
EQUIPMENT
100WEAPONS RANGE SUPPORT EQUIPMENT55,27955,279
101EXPEDITIONARY AIRFIELDS8,7928,792
102AIRCRAFT REARMING EQUIPMENT11,36411,364
103AIRCRAFT LAUNCH & RECOVERY EQUIPMENT59,50259,502
104METEOROLOGICAL EQUIPMENT19,11819,118
105DCRS/DPL1,4251,425
106AVIATION LIFE SUPPORT29,67029,670
107AIRBORNE MINE COUNTERMEASURES101,554101,554
108LAMPS MK III SHIPBOARD EQUIPMENT18,29318,293
109PORTABLE ELECTRONIC MAINTENANCE AIDS7,9697,969
110OTHER AVIATION SUPPORT EQUIPMENT5,2155,215
111AUTONOMIC LOGISTICS INFORMATION SYSTEM (ALIS)4,8274,827
SHIP GUN SYSTEM
EQUIPMENT
112NAVAL FIRES CONTROL SYSTEM1,1881,188
113GUN FIRE CONTROL EQUIPMENT4,4474,447
SHIP MISSILE SYSTEMS
EQUIPMENT
114NATO SEASPARROW58,36858,368
115RAM GMLS491491
116SHIP SELF DEFENSE SYSTEM51,85851,858
117AEGIS SUPPORT EQUIPMENT59,75759,757
118TOMAHAWK SUPPORT EQUIPMENT71,55971,559
119VERTICAL LAUNCH SYSTEMS626626
120MARITIME INTEGRATED PLANNING SYSTEM-MIPS2,7792,779
FBM SUPPORT
EQUIPMENT
121STRATEGIC MISSILE SYSTEMS EQUIP224,484198,565
New START treaty
implementation[–25,919]
ASW SUPPORT
EQUIPMENT
122SSN COMBAT CONTROL SYSTEMS85,67885,678
123SUBMARINE ASW SUPPORT EQUIPMENT3,9133,913
124SURFACE ASW SUPPORT EQUIPMENT3,9093,909
125ASW RANGE SUPPORT EQUIPMENT28,69428,694
OTHER ORDNANCE SUPPORT
EQUIPMENT
126EXPLOSIVE ORDNANCE DISPOSAL EQUIP46,58646,586
127ITEMS LESS THAN $5 MILLION11,93311,933
OTHER EXPENDABLE
ORDNANCE
128ANTI-SHIP MISSILE DECOY SYSTEM62,36162,361
129SURFACE TRAINING DEVICE MODS41,81341,813
130SUBMARINE TRAINING DEVICE MODS26,67226,672
CIVIL ENGINEERING SUPPORT
EQUIPMENT
131PASSENGER CARRYING VEHICLES5,6005,600
132GENERAL PURPOSE TRUCKS3,7173,717
133CONSTRUCTION & MAINTENANCE EQUIP10,88110,881
134FIRE FIGHTING EQUIPMENT14,74814,748
135TACTICAL VEHICLES5,5405,540
136AMPHIBIOUS EQUIPMENT5,7415,741
137POLLUTION CONTROL EQUIPMENT3,8523,852
138ITEMS UNDER $5 MILLION25,75725,757
139PHYSICAL SECURITY VEHICLES1,1821,182
SUPPLY SUPPORT
EQUIPMENT
140MATERIALS HANDLING EQUIPMENT14,25014,250
141OTHER SUPPLY SUPPORT EQUIPMENT6,4016,401
142FIRST DESTINATION TRANSPORTATION5,7185,718
143SPECIAL PURPOSE SUPPLY SYSTEMS22,59722,597
TRAINING DEVICES
144TRAINING SUPPORT EQUIPMENT22,52722,527
COMMAND SUPPORT
EQUIPMENT
145COMMAND SUPPORT EQUIPMENT50,42850,428
146EDUCATION SUPPORT EQUIPMENT2,2922,292
147MEDICAL SUPPORT EQUIPMENT4,9254,925
149NAVAL MIP SUPPORT EQUIPMENT3,2023,202
151OPERATING FORCES SUPPORT EQUIPMENT24,29424,294
152C4ISR EQUIPMENT4,2874,287
153ENVIRONMENTAL SUPPORT EQUIPMENT18,27618,276
154PHYSICAL SECURITY EQUIPMENT134,495134,495
155ENTERPRISE INFORMATION TECHNOLOGY324,327324,327
CLASSIFIED
PROGRAMS
156ACLASSIFIED PROGRAMS12,14012,140
SPARES AND REPAIR
PARTS
157SPARES AND REPAIR PARTS317,234316,959
New START treaty
implementation[–275]
TOTAL OTHER PROCUREMENT,
NAVY6,310,2576,284,063
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001AAV7A1 PIP32,36032,360
002LAV PIP6,0036,003
ARTILLERY AND OTHER
WEAPONS
003EXPEDITIONARY FIRE SUPPORT SYSTEM589589
004155MM LIGHTWEIGHT TOWED HOWITZER3,6553,655
005HIGH MOBILITY ARTILLERY ROCKET SYSTEM5,4675,467
006WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION20,35420,354
OTHER SUPPORT
007MODIFICATION KITS38,44638,446
008WEAPONS ENHANCEMENT PROGRAM4,7344,734
GUIDED MISSILES
009GROUND BASED AIR DEFENSE15,71315,713
010JAVELIN36,17536,175
012ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H)1,1361,136
OTHER SUPPORT
013MODIFICATION KITS33,97633,976
COMMAND AND CONTROL
SYSTEMS
014UNIT OPERATIONS CENTER16,27316,273
REPAIR AND TEST
EQUIPMENT
015REPAIR AND TEST EQUIPMENT41,06341,063
OTHER SUPPORT
(TEL)
016COMBAT SUPPORT SYSTEM2,9302,930
COMMAND AND CONTROL SYSTEM
(NON-TEL)
018ITEMS UNDER $5 MILLION (COMM & ELEC)1,6371,637
019AIR OPERATIONS C2 SYSTEMS18,39418,394
RADAR + EQUIPMENT
(NON-TEL)
020RADAR SYSTEMS114,051114,051
021RQ–21 UAS66,61266,612
INTELL/COMM EQUIPMENT
(NON-TEL)
022FIRE SUPPORT SYSTEM3,7493,749
023INTELLIGENCE SUPPORT EQUIPMENT75,97975,979
026RQ–11 UAV1,6531,653
027DCGS-MC9,4949,494
OTHER COMM/ELEC EQUIPMENT
(NON-TEL)
028NIGHT VISION EQUIPMENT6,1716,171
OTHER SUPPORT
(NON-TEL)
029COMMON COMPUTER RESOURCES121,955121,955
030COMMAND POST SYSTEMS83,29483,294
031RADIO SYSTEMS74,71874,718
032COMM SWITCHING & CONTROL SYSTEMS47,61347,613
033COMM & ELEC INFRASTRUCTURE SUPPORT19,57319,573
CLASSIFIED
PROGRAMS
033ACLASSIFIED PROGRAMS5,6595,659
ADMINISTRATIVE
VEHICLES
034COMMERCIAL PASSENGER VEHICLES1,0391,039
035COMMERCIAL CARGO VEHICLES31,05031,050
TACTICAL VEHICLES
0365/4T TRUCK HMMWV (MYP)36,33336,333
037MOTOR TRANSPORT MODIFICATIONS3,1373,137
040FAMILY OF TACTICAL TRAILERS27,38527,385
OTHER SUPPORT
041ITEMS LESS THAN $5 MILLION7,0167,016
ENGINEER AND OTHER
EQUIPMENT
042ENVIRONMENTAL CONTROL EQUIP ASSORT14,37714,377
043BULK LIQUID EQUIPMENT24,86424,864
044TACTICAL FUEL SYSTEMS21,59221,592
045POWER EQUIPMENT ASSORTED61,35361,353
046AMPHIBIOUS SUPPORT EQUIPMENT4,8274,827
047EOD SYSTEMS40,01140,011
MATERIALS HANDLING
EQUIPMENT
048PHYSICAL SECURITY EQUIPMENT16,80916,809
049GARRISON MOBILE ENGINEER EQUIPMENT (GMEE)3,4083,408
050MATERIAL HANDLING EQUIP48,54948,549
051FIRST DESTINATION TRANSPORTATION190190
GENERAL PROPERTY
052FIELD MEDICAL EQUIPMENT23,12923,129
053TRAINING DEVICES8,3468,346
054CONTAINER FAMILY1,8571,857
055FAMILY OF CONSTRUCTION EQUIPMENT36,19836,198
056RAPID DEPLOYABLE KITCHEN2,3902,390
OTHER SUPPORT
057ITEMS LESS THAN $5 MILLION6,5256,525
SPARES AND REPAIR
PARTS
058SPARES AND REPAIR PARTS13,70013,700
TOTAL PROCUREMENT, MARINE
CORPS1,343,5111,343,511
AIRCRAFT PROCUREMENT, AIR
FORCE
TACTICAL FORCES
001F–353,060,7703,060,770
002 ADVANCE PROCUREMENT
(CY)363,783363,783
OTHER AIRLIFT
005C–130J537,517537,517
006 ADVANCE PROCUREMENT
(CY)162,000162,000
007HC–130J132,121132,121
008 ADVANCE PROCUREMENT
(CY)88,00088,000
009MC–130J389,434389,434
010 ADVANCE PROCUREMENT
(CY)104,000104,000
HELICOPTERS
015CV–22 (MYP)230,798230,798
MISSION SUPPORT
AIRCRAFT
017CIVIL AIR PATROL A/C2,5412,541
OTHER AIRCRAFT
020TARGET DRONES138,669138,669
022AC–130J470,019470,019
024RQ–427,00027,000
027MQ–9272,217352,217
Program increase[80,000]
028RQ–4 BLOCK 40 PROC1,7471,747
STRATEGIC
AIRCRAFT
029B–2A20,01920,019
030B–1B132,222132,222
031B–52111,002110,502
B–52 conversions related to New START
treaty implementation[–500]
032LARGE AIRCRAFT INFRARED COUNTERMEASURES27,19727,197
TACTICAL AIRCRAFT
033A–1047,59847,598
034F–15354,624354,624
035F–1611,79411,794
036F–22A285,830285,830
037F–35 MODIFICATIONS157,777157,777
AIRLIFT AIRCRAFT
038C–52,4562,456
039C–5M1,021,9671,021,967
042C–17A143,197143,197
043C–21103103
044C–32A9,7809,780
045C–37A452452
046C–130 AMP047,300
LRIP Kit Procurement[47,300]
TRAINER AIRCRAFT
047GLIDER MODS128128
048T–66,4276,427
049T–1277277
050T–3828,68628,686
OTHER AIRCRAFT
052U–2 MODS45,59145,591
053KC–10A (ATCA)70,91870,918
054C–121,8761,876
055MC–12W5,0005,000
056C–20 MODS192192
057VC–25A MOD263263
058C–406,1196,119
059C–13058,57774,277
C–130H Propulsion System Engine
Upgrades[15,700]
061C–130J MODS10,47510,475
062C–13546,55646,556
063COMPASS CALL MODS34,49434,494
064RC–135171,813171,813
065E–3197,087197,087
066E–414,30414,304
067E–857,47257,472
068H–16,6276,627
069H–6027,65427,654
070RQ–4 MODS9,3139,313
071HC/MC–130 MODIFICATIONS16,30016,300
072OTHER AIRCRAFT6,9486,948
073MQ–1 MODS9,7349,734
074MQ–9 MODS102,970102,970
076RQ–4 GSRA/CSRA MODS30,00030,000
077CV–22 MODS23,31023,310
AIRCRAFT SPARES AND REPAIR
PARTS
078INITIAL SPARES/REPAIR PARTS463,285639,285
F100–229 spare engine
shortfall[165,000]
MQ–9 spares[11,000]
COMMON SUPPORT
EQUIPMENT
079AIRCRAFT REPLACEMENT SUPPORT EQUIP49,14049,140
POST PRODUCTION
SUPPORT
081B–13,6833,683
083B–2A43,78643,786
084B–527,0007,000
087C–17A81,95281,952
089C–1358,5978,597
090F–152,4032,403
091F–163,4553,455
092F–22A5,9115,911
INDUSTRIAL
PREPAREDNESS
094INDUSTRIAL RESPONSIVENESS21,14821,148
WAR CONSUMABLES
095WAR CONSUMABLES94,94794,947
OTHER PRODUCTION
CHARGES
096OTHER PRODUCTION CHARGES1,242,0041,242,004
CLASSIFIED
PROGRAMS
101ACLASSIFIED PROGRAMS75,84567,545
Program Decrease[–8,300]
TOTAL AIRCRAFT PROCUREMENT, AIR
FORCE11,398,90111,709,101
MISSILE PROCUREMENT, AIR
FORCE
MISSILE REPLACEMENT
EQUIPMENT—BALLISTIC
001MISSILE REPLACEMENT EQ-BALLISTIC39,10439,104
TACTICAL
002JASSM291,151291,151
003SIDEWINDER (AIM–9X)119,904119,904
004AMRAAM340,015340,015
005PREDATOR HELLFIRE MISSILE48,54848,548
006SMALL DIAMETER BOMB42,34742,347
INDUSTRIAL
FACILITIES
007INDUSTR'L PREPAREDNS/POL PREVENTION752752
CLASS IV
009MM III MODIFICATIONS21,63521,635
010AGM–65D MAVERICK276276
011AGM–88A HARM580580
012AIR LAUNCH CRUISE MISSILE (ALCM)6,8886,888
013SMALL DIAMETER BOMB5,0005,000
MISSILE SPARES AND REPAIR
PARTS
014INITIAL SPARES/REPAIR PARTS72,08071,377
Spares and repair parts related to
New START treaty implementation[–703]
SPACE PROGRAMS
015ADVANCED EHF379,586379,586
016WIDEBAND GAPFILLER SATELLITES(SPACE)38,39838,398
017GPS III SPACE SEGMENT403,431403,431
018 ADVANCE PROCUREMENT
(CY)74,16774,167
019SPACEBORNE EQUIP (COMSEC)5,2445,244
020GLOBAL POSITIONING (SPACE)55,99755,997
021DEF METEOROLOGICAL SAT PROG(SPACE)95,67395,673
022EVOLVED EXPENDABLE LAUNCH VEH(SPACE)1,852,9001,852,900
023SBIR HIGH (SPACE)583,192583,192
SPECIAL PROGRAMS
029SPECIAL UPDATE PROGRAMS36,71636,716
CLASSIFIED
PROGRAMS
029ACLASSIFIED PROGRAMS829,702829,702
TOTAL MISSILE PROCUREMENT, AIR
FORCE5,343,2865,342,583
PROCUREMENT OF AMMUNITION, AIR
FORCE
ROCKETS
001ROCKETS15,73515,735
CARTRIDGES
002CARTRIDGES129,921129,921
BOMBS
003PRACTICE BOMBS30,84030,840
004GENERAL PURPOSE BOMBS187,397187,397
005JOINT DIRECT ATTACK MUNITION188,510188,510
OTHER ITEMS
006CAD/PAD35,83735,837
007EXPLOSIVE ORDNANCE DISPOSAL (EOD)7,5317,531
008SPARES AND REPAIR PARTS499499
009MODIFICATIONS480480
010ITEMS LESS THAN $5 MILLION9,7659,765
FLARES
011FLARES55,86455,864
FUZES
013FUZES76,03776,037
SMALL ARMS
014SMALL ARMS21,02621,026
TOTAL PROCUREMENT OF
AMMUNITION, AIR FORCE759,442759,442
OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001PASSENGER CARRYING VEHICLES2,0482,048
CARGO AND UTILITY
VEHICLES
002MEDIUM TACTICAL VEHICLE8,0198,019
003CAP VEHICLES946946
004ITEMS LESS THAN $5 MILLION7,1387,138
SPECIAL PURPOSE
VEHICLES
005SECURITY AND TACTICAL VEHICLES13,09313,093
006ITEMS LESS THAN $5 MILLION13,98313,983
FIRE FIGHTING
EQUIPMENT
007FIRE FIGHTING/CRASH RESCUE VEHICLES23,79423,794
MATERIALS HANDLING
EQUIPMENT
008ITEMS LESS THAN $5 MILLION8,6698,669
BASE MAINTENANCE
SUPPORT
009RUNWAY SNOW REMOV & CLEANING EQUIP6,1446,144
010ITEMS LESS THAN $5 MILLION1,5801,580
COMM SECURITY
EQUIPMENT(COMSEC)
012COMSEC EQUIPMENT149,661149,661
013MODIFICATIONS (COMSEC)726726
INTELLIGENCE
PROGRAMS
014INTELLIGENCE TRAINING EQUIPMENT2,7892,789
015INTELLIGENCE COMM EQUIPMENT31,87531,875
016ADVANCE TECH SENSORS452452
017MISSION PLANNING SYSTEMS14,20314,203
ELECTRONICS
PROGRAMS
018AIR TRAFFIC CONTROL & LANDING SYS46,23246,232
019NATIONAL AIRSPACE SYSTEM11,68511,685
020BATTLE CONTROL SYSTEM—FIXED19,24819,248
021THEATER AIR CONTROL SYS IMPROVEMENTS19,29219,292
022WEATHER OBSERVATION FORECAST17,16617,166
023STRATEGIC COMMAND AND CONTROL22,72322,723
024CHEYENNE MOUNTAIN COMPLEX27,93027,930
025TAC SIGNIT SPT217217
SPCL COMM-ELECTRONICS
PROJECTS
027GENERAL INFORMATION TECHNOLOGY49,62749,627
028AF GLOBAL COMMAND & CONTROL SYS13,55913,559
029MOBILITY COMMAND AND CONTROL11,18611,186
030AIR FORCE PHYSICAL SECURITY SYSTEM43,23843,238
031COMBAT TRAINING RANGES10,43110,431
032C3 COUNTERMEASURES13,76913,769
033GCSS-AF FOS19,13819,138
034THEATER BATTLE MGT C2 SYSTEM8,8098,809
035AIR & SPACE OPERATIONS CTR-WPN SYS26,93526,935
AIR FORCE
COMMUNICATIONS
036INFORMATION TRANSPORT SYSTEMS80,55880,558
038AFNET97,58897,588
039VOICE SYSTEMS8,4198,419
040USCENTCOM34,27634,276
SPACE PROGRAMS
041SPACE BASED IR SENSOR PGM SPACE28,23528,235
042NAVSTAR GPS SPACE2,0612,061
043NUDET DETECTION SYS SPACE4,4154,415
044AF SATELLITE CONTROL NETWORK SPACE30,23730,237
045SPACELIFT RANGE SYSTEM SPACE98,06298,062
046MILSATCOM SPACE105,935105,935
047SPACE MODS SPACE37,86137,861
048COUNTERSPACE SYSTEM7,1717,171
ORGANIZATION AND
BASE
049TACTICAL C-E EQUIPMENT83,53783,537
050COMBAT SURVIVOR EVADER LOCATER11,88411,884
051RADIO EQUIPMENT14,71114,711
052CCTV/AUDIOVISUAL EQUIPMENT10,27510,275
053BASE COMM INFRASTRUCTURE50,90750,907
MODIFICATIONS
054COMM ELECT MODS55,70155,701
PERSONAL SAFETY & RESCUE
EQUIP
055NIGHT VISION GOGGLES14,52414,524
056ITEMS LESS THAN $5 MILLION28,65528,655
DEPOT PLANT+MTRLS HANDLING
EQ
057MECHANIZED MATERIAL HANDLING EQUIP9,3329,332
BASE SUPPORT
EQUIPMENT
058BASE PROCURED EQUIPMENT16,76216,762
059CONTINGENCY OPERATIONS33,76833,768
060PRODUCTIVITY CAPITAL INVESTMENT2,4952,495
061MOBILITY EQUIPMENT12,85912,859
062ITEMS LESS THAN $5 MILLION1,9541,954
SPECIAL SUPPORT
PROJECTS
064DARP RC13524,52824,528
065DCGS-AF137,819137,819
067SPECIAL UPDATE PROGRAM479,586479,586
068DEFENSE SPACE RECONNAISSANCE PROG.45,15945,159
CLASSIFIED
PROGRAMS
068ACLASSIFIED PROGRAMS14,519,25614,519,256
SPARES AND REPAIR
PARTS
069SPARES AND REPAIR PARTS25,74625,746
TOTAL OTHER PROCUREMENT, AIR
FORCE16,760,58116,760,581
PROCUREMENT,
DEFENSE-WIDE
MAJOR EQUIPMENT,
OSD
038MAJOR EQUIPMENT, OSD37,34537,345
039MAJOR EQUIPMENT, INTELLIGENCE16,67816,678
MAJOR EQUIPMENT,
NSA
037INFORMATION SYSTEMS SECURITY PROGRAM (ISSP)14,36314,363
MAJOR EQUIPMENT,
WHS
041MAJOR EQUIPMENT, WHS35,25935,259
MAJOR EQUIPMENT,
DISA
008INFORMATION SYSTEMS SECURITY16,18916,189
011TELEPORT PROGRAM66,07566,075
012ITEMS LESS THAN $5 MILLION83,88183,881
013NET CENTRIC ENTERPRISE SERVICES (NCES)2,5722,572
014DEFENSE INFORMATION SYSTEM NETWORK125,557125,557
016CYBER SECURITY INITIATIVE16,94116,941
MAJOR EQUIPMENT,
DLA
017MAJOR EQUIPMENT13,13713,137
MAJOR EQUIPMENT,
DSS
021MAJOR EQUIPMENT5,0205,020
MAJOR EQUIPMENT,
DCAA
001ITEMS LESS THAN $5 MILLION1,2911,291
MAJOR EQUIPMENT,
TJS
040MAJOR EQUIPMENT, TJS14,79214,792
MAJOR EQUIPMENT, MISSILE DEFENSE
AGENCY
025THAAD581,005581,005
026AEGIS BMD580,814580,814
027BMDS AN/TPY–2 RADARS62,00062,000
028AEGIS ASHORE PHASE III131,400131,400
030IRON DOME220,309220,309
031GROUND-BASED MIDCOURSE DEFENSE SYSTEM
(GMD)00
032 ADVANCE PROCUREMENT
(CY)0107,000
Advanced Procurement of 14 GBIs,
beginning with booster motor sets[107,000]
MAJOR EQUIPMENT,
DHRA
003PERSONNEL ADMINISTRATION47,20147,201
MAJOR EQUIPMENT, DEFENSE THREAT
REDUCTION AGENCY
022VEHICLES100100
023OTHER MAJOR EQUIPMENT13,39513,395
MAJOR EQUIPMENT, DEFENSE SECURITY
COOPERATION AGENCY
020EQUIPMENT978978
MAJOR EQUIPMENT,
DODEA
019AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS1,4541,454
MAJOR EQUIPMENT,
DCMA
002MAJOR EQUIPMENT5,7115,711
MAJOR EQUIPMENT,
DMACT
018MAJOR EQUIPMENT15,41415,414
CLASSIFIED
PROGRAMS
041ACLASSIFIED PROGRAMS544,272544,272
AVIATION PROGRAMS
043ROTARY WING UPGRADES AND SUSTAINMENT112,456112,456
044MH–60 MODERNIZATION PROGRAM81,45781,457
045NON-STANDARD AVIATION2,6502,650
046U–2856,20856,208
047MH–47 CHINOOK19,76619,766
048RQ–11 UNMANNED AERIAL VEHICLE850850
049CV–22 MODIFICATION98,92798,927
050MQ–1 UNMANNED AERIAL VEHICLE20,57620,576
051MQ–9 UNMANNED AERIAL VEHICLE1,8931,893
053STUASL013,16613,166
054PRECISION STRIKE PACKAGE107,687107,687
055AC/MC–130J51,87051,870
057C–130 MODIFICATIONS71,94071,940
SHIPBUILDING
059UNDERWATER SYSTEMS37,43937,439
AMMUNITION
PROGRAMS
061ORDNANCE ITEMS <$5M159,029159,029
OTHER PROCUREMENT
PROGRAMS
064INTELLIGENCE SYSTEMS79,81979,819
066DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS14,90614,906
068OTHER ITEMS <$5M81,71181,711
069COMBATANT CRAFT SYSTEMS35,05335,053
072SPECIAL PROGRAMS41,52641,526
073TACTICAL VEHICLES43,35343,353
074WARRIOR SYSTEMS <$5M210,540210,540
076COMBAT MISSION REQUIREMENTS20,00020,000
080GLOBAL VIDEO SURVEILLANCE ACTIVITIES6,6456,645
081OPERATIONAL ENHANCEMENTS INTELLIGENCE25,58125,581
087OPERATIONAL ENHANCEMENTS191,061191,061
CBDP
089INSTALLATION FORCE PROTECTION14,27114,271
090INDIVIDUAL PROTECTION101,667101,667
092JOINT BIO DEFENSE PROGRAM (MEDICAL)13,44713,447
093COLLECTIVE PROTECTION20,89620,896
094CONTAMINATION AVOIDANCE144,540144,540
TOTAL PROCUREMENT,
DEFENSE-WIDE4,534,0834,641,083
JOINT URGENT OPERATIONAL NEEDS
FUND
JOINT URGENT OPERATIONAL NEEDS
FUND
001JOINT URGENT OPERATIONAL NEEDS FUND98,8000
Program reduction[–98,800]
TOTAL JOINT URGENT OPERATIONAL
NEEDS FUND98,8000
TOTAL
PROCUREMENT98,227,16899,666,171
4102.
Procurement for
overseas contingency operations
SEC. 4102. PROCUREMENT FOR OVERSEAS
CONTINGENCY OPERATIONS(In Thousands of Dollars)
LineItemFY 2014
RequestHouse Authorized
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001ASATURN ARCH (MIP)48,00048,000
003MQ–1 UAV31,98831,988
ROTARY
008AH–64 APACHE BLOCK IIIB NEW BUILD142,000142,000
010KIOWA WARRIOR WRA163,800163,800
013CH–47 HELICOPTER386,000386,000
TOTAL AIRCRAFT PROCUREMENT,
ARMY771,788771,788
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR MISSILE
SYSTEM
002MSE MISSILE025,887
Restoral of funds based on offsets
used for April 2013 reprogramming[25,887]
AIR-TO-SURFACE MISSILE
SYSTEM
003HELLFIRE SYS SUMMARY54,00054,000
ANTI-TANK/ASSAULT MISSILE
SYS
007GUIDED MLRS ROCKET (GMLRS)39,04539,045
009AARMY TACTICAL MSL SYS (ATACMS)—SYS SUM35,60035,600
TOTAL MISSILE PROCUREMENT,
ARMY128,645154,532
PROCUREMENT OF W&TCV,
ARMY
MOD OF WEAPONS AND OTHER COMBAT
VEH
033M16 RIFLE MODS015,422
Restoral of funds based on offsets
used for April 2013 reprogramming[15,422]
TOTAL PROCUREMENT OF W&TCV,
ARMY015,422
PROCUREMENT OF AMMUNITION,
ARMY
SMALL/MEDIUM CAL
AMMUNITION
002CTG, 5.56MM, ALL TYPES4,4004,400
004CTG, HANDGUN, ALL TYPES1,5001,500
005CTG, .50 CAL, ALL TYPES5,00010,000
Restoral of funds based on offsets
used for April 2013 reprogramming[5,000]
008CTG, 30MM, ALL TYPES60,00060,000
MORTAR AMMUNITION
01060MM MORTAR, ALL TYPES5,0005,000
ARTILLERY
AMMUNITION
014ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES10,00030,000
Restoral of funds based on offsets
used for April 2013 reprogramming[20,000]
015ARTILLERY PROJECTILE, 155MM, ALL TYPES10,00010,000
016PROJ 155MM EXTENDED RANGE M98211,00011,000
MINES
018MINES & CLEARING CHARGES, ALL TYPES09,482
Restoral of funds based on offsets
used for April 2013 reprogramming[9,482]
ROCKETS
021ROCKET, HYDRA 70, ALL TYPES57,00057,000
OTHER AMMUNITION
022DEMOLITION MUNITIONS, ALL TYPES4,0004,000
023GRENADES, ALL TYPES3,0003,000
024SIGNALS, ALL TYPES8,0008,000
MISCELLANEOUS
028CAD/PAD ALL TYPES2,0002,000
TOTAL PROCUREMENT OF
AMMUNITION, ARMY180,900215,382
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
003FAMILY OF MEDIUM TACTICAL VEH (FMTV)02,500
Restoral of funds based on offsets
used for April 2013 reprogramming[2,500]
005FAMILY OF HEAVY TACTICAL VEHICLES (FHTV)02,050
Restoral of funds based on offsets
used for April 2013 reprogramming[2,050]
013MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS321,040562,596
Restoral of funds based on offsets
used for April 2013 reprogramming[241,556]
COMM—BASE
COMMUNICATIONS
060INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM25,00025,000
ELECT EQUIP—TACT INT REL ACT
(TIARA)
067DCGS-A (MIP)7,2007,200
071CI HUMINT AUTO REPRTING AND COLL(CHARCS)5,9805,980
ELECT EQUIP—ELECTRONIC WARFARE
(EW)
074LIGHTWEIGHT COUNTER MORTAR RADAR57,80083,255
Restoral of funds based on offsets
used for April 2013 reprogramming[25,455]
078FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE15,30015,300
079COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES4,2214,221
ELECT EQUIP—TACTICAL SURV. (TAC
SURV)
091ARTILLERY ACCURACY EQUIP1,8341,834
093MOD OF IN-SVC EQUIP (FIREFINDER RADARS)08,400
Restoral of funds based on offsets
used for April 2013 reprogramming[8,400]
096MOD OF IN-SVC EQUIP (LLDR)21,00021,000
098COUNTERFIRE RADARS85,83085,830
ELECT EQUIP—TACTICAL C2
SYSTEMS
110MANEUVER CONTROL SYSTEM (MCS)03,200
Restoral of funds based on offsets
used for April 2013 reprogramming[3,200]
112SINGLE ARMY LOGISTICS ENTERPRISE (SALE)05,160
Restoral of funds based on offsets
used for April 2013 reprogramming[5,160]
CHEMICAL DEFENSIVE
EQUIPMENT
126FAMILY OF NON-LETHAL EQUIPMENT (FNLE)015,000
Restoral of funds based on offsets
used for April 2013 reprogramming[15,000]
127BASE DEFENSE SYSTEMS (BDS)024,932
Restoral of funds based on offsets
used for April 2013 reprogramming[24,932]
ENGINEER (NON-CONSTRUCTION)
EQUIPMENT
137EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT)03,565
Restoral of funds based on offsets
used for April 2013 reprogramming[3,565]
COMBAT SERVICE SUPPORT
EQUIPMENT
146FORCE PROVIDER51,65451,654
147FIELD FEEDING EQUIPMENT6,2646,264
PETROLEUM
EQUIPMENT
152DISTRIBUTION SYSTEMS, PETROLEUM & WATER02,119
Restoral of funds based on offsets
used for April 2013 reprogramming[2,119]
TRAINING
EQUIPMENT
176COMBAT TRAINING CENTERS SUPPORT07,000
Restoral of funds based on offsets
used for April 2013 reprogramming[7,000]
TOTAL OTHER PROCUREMENT,
ARMY603,123944,060
JOINT IMPR EXPLOSIVE DEV DEFEAT
FUND
NETWORK ATTACK
001ATTACK THE NETWORK417,700417,700
JIEDDO DEVICE
DEFEAT
002DEFEAT THE DEVICE248,886248,886
FORCE TRAINING
003TRAIN THE FORCE106,000106,000
STAFF AND
INFRASTRUCTURE
004OPERATIONS227,414227,414
TOTAL JOINT IMPR EXPLOSIVE DEV
DEFEAT FUND1,000,0001,000,000
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
011H–1 UPGRADES (UH–1Y/AH–1Z)29,52029,520
OTHER AIRCRAFT
026MQ–8 UAV13,10013,100
MODIFICATION OF
AIRCRAFT
031AV–8 SERIES57,65257,652
033F–18 SERIES35,50035,500
039EP–3 SERIES2,7002,700
049SPECIAL PROJECT AIRCRAFT3,3753,375
054COMMON ECM EQUIPMENT49,18349,183
055COMMON AVIONICS CHANGES4,1904,190
059MAGTF EW FOR AVIATION20,70020,700
AIRCRAFT SPARES AND REPAIR
PARTS
065SPARES AND REPAIR PARTS24,77624,776
TOTAL AIRCRAFT PROCUREMENT,
NAVY240,696240,696
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
009HELLFIRE27,00027,000
009ALASER MAVERICK58,00058,000
010STAND OFF PRECISION GUIDED MUNITIONS (SOPGM)1,5001,500
TOTAL WEAPONS PROCUREMENT,
NAVY86,50086,500
PROCUREMENT OF AMMO, NAVY &
MC
NAVY AMMUNITION
001GENERAL PURPOSE BOMBS11,42411,424
002AIRBORNE ROCKETS, ALL TYPES30,33230,332
003MACHINE GUN AMMUNITION8,2828,282
006AIR EXPENDABLE COUNTERMEASURES31,88431,884
011OTHER SHIP GUN AMMUNITION409409
012SMALL ARMS & LANDING PARTY AMMO11,97611,976
013PYROTECHNIC AND DEMOLITION2,4472,447
014AMMUNITION LESS THAN $5 MILLION7,6927,692
MARINE CORPS
AMMUNITION
015SMALL ARMS AMMUNITION13,46113,461
016LINEAR CHARGES, ALL TYPES3,3103,310
01740 MM, ALL TYPES6,2446,244
01860MM, ALL TYPES3,3683,368
01981MM, ALL TYPES9,1629,162
020120MM, ALL TYPES10,26610,266
021CTG 25MM, ALL TYPES1,8871,887
022GRENADES, ALL TYPES1,6111,611
023ROCKETS, ALL TYPES37,45937,459
024ARTILLERY, ALL TYPES970970
025DEMOLITION MUNITIONS, ALL TYPES418418
026FUZE, ALL TYPES14,21914,219
TOTAL PROCUREMENT OF AMMO, NAVY
& MC206,821206,821
OTHER PROCUREMENT,
NAVY
CIVIL ENGINEERING SUPPORT
EQUIPMENT
135TACTICAL VEHICLES17,96817,968
TOTAL OTHER PROCUREMENT,
NAVY17,96817,968
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
010JAVELIN29,33429,334
011FOLLOW ON TO SMAW105105
OTHER SUPPORT
013MODIFICATION KITS16,08116,081
REPAIR AND TEST
EQUIPMENT
015REPAIR AND TEST EQUIPMENT16,08116,081
OTHER SUPPORT
(TEL)
017MODIFICATION KITS2,8312,831
COMMAND AND CONTROL SYSTEM
(NON-TEL)
018ITEMS UNDER $5 MILLION (COMM & ELEC)8,1708,170
INTELL/COMM EQUIPMENT
(NON-TEL)
023INTELLIGENCE SUPPORT EQUIPMENT2,7002,700
026RQ–11 UAV2,8302,830
OTHER SUPPORT
(NON-TEL)
029COMMON COMPUTER RESOURCES4,8664,866
030COMMAND POST SYSTEMS265265
ENGINEER AND OTHER
EQUIPMENT
042ENVIRONMENTAL CONTROL EQUIP ASSORT114114
043BULK LIQUID EQUIPMENT523523
044TACTICAL FUEL SYSTEMS365365
045POWER EQUIPMENT ASSORTED2,0042,004
047EOD SYSTEMS42,93042,930
GENERAL PROPERTY
055FAMILY OF CONSTRUCTION EQUIPMENT385385
TOTAL PROCUREMENT, MARINE
CORPS129,584129,584
AIRCRAFT PROCUREMENT, AIR
FORCE
STRATEGIC
AIRCRAFT
032LARGE AIRCRAFT INFRARED COUNTERMEASURES94,05094,050
OTHER AIRCRAFT
052U–2 MODS11,30011,300
059C–1301,6181,618
064RC–1352,7002,700
COMMON SUPPORT
EQUIPMENT
079AIRCRAFT REPLACEMENT SUPPORT EQUIP6,0006,000
TOTAL AIRCRAFT PROCUREMENT, AIR
FORCE115,668115,668
MISSILE PROCUREMENT, AIR
FORCE
TACTICAL
005PREDATOR HELLFIRE MISSILE24,20024,200
TOTAL MISSILE PROCUREMENT, AIR
FORCE24,20024,200
PROCUREMENT OF AMMUNITION, AIR
FORCE
ROCKETS
001ROCKETS326326
CARTRIDGES
002CARTRIDGES17,63417,634
BOMBS
004GENERAL PURPOSE BOMBS37,51437,514
005JOINT DIRECT ATTACK MUNITION84,45984,459
FLARES
011FLARES14,97314,973
012FUZES3,8593,859
SMALL ARMS
014SMALL ARMS1,2001,200
TOTAL PROCUREMENT OF
AMMUNITION, AIR FORCE159,965159,965
OTHER PROCUREMENT, AIR
FORCE
ELECTRONICS
PROGRAMS
022WEATHER OBSERVATION FORECAST1,8001,800
SPACE PROGRAMS
046MILSATCOM SPACE5,6955,695
BASE SUPPORT
EQUIPMENT
059CONTINGENCY OPERATIONS60,60060,600
061MOBILITY EQUIPMENT68,00068,000
SPECIAL SUPPORT
PROJECTS
068DEFENSE SPACE RECONNAISSANCE PROG.58,25058,250
CLASSIFIED
PROGRAMS
068ACLASSIFIED PROGRAMS2,380,5012,380,501
TOTAL OTHER PROCUREMENT, AIR
FORCE2,574,8462,574,846
PROCUREMENT,
DEFENSE-WIDE
MAJOR EQUIPMENT,
DISA
011TELEPORT PROGRAM4,7604,760
CLASSIFIED
PROGRAMS
041ACLASSIFIED PROGRAMS78,98678,986
AMMUNITION
PROGRAMS
060ORDNANCE REPLENISHMENT2,8412,841
OTHER PROCUREMENT
PROGRAMS
064INTELLIGENCE SYSTEMS13,30013,300
082SOLDIER PROTECTION AND SURVIVAL SYSTEMS8,0348,034
087OPERATIONAL ENHANCEMENTS3,3543,354
TOTAL PROCUREMENT,
DEFENSE-WIDE111,275111,275
JOINT URGENT OPERATIONAL NEEDS
FUND
JOINT URGENT OPERATIONAL NEEDS
FUND
001JOINT URGENT OPERATIONAL NEEDS FUND15,0000
Program reduction[–15,000]
TOTAL JOINT URGENT OPERATIONAL
NEEDS FUND15,0000
NATIONAL GUARD & RESERVE
EQUIPMENT
UNDISTRIBUTED
999MISCELLANEOUS EQUIPMENT0400,000
Program increase[400,000]
TOTAL NATIONAL GUARD &
RESERVE EQUIPMENT0400,000
TOTAL
PROCUREMENT6,366,9797,168,707
XLII
RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
4201.
Research, development,
test, and evaluation
SEC. 4201. RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION(In Thousands of Dollars)
LineProgramElementItemFY 2014
RequestHouse Authorized
RESEARCH,
DEVELOPMENT, TEST & EVAL, ARMY
BASIC
RESEARCH
0010601101AIN-HOUSE LABORATORY INDEPENDENT
RESEARCH21,80321,803
0020601102ADEFENSE RESEARCH SCIENCES221,901221,901
0030601103AUNIVERSITY RESEARCH INITIATIVES79,35979,359
0040601104AUNIVERSITY AND INDUSTRY RESEARCH
CENTERS113,662113,662
SUBTOTAL
BASIC RESEARCH436,725436,725
APPLIED
RESEARCH
0050602105AMATERIALS TECHNOLOGY26,58526,585
0060602120ASENSORS AND ELECTRONIC SURVIVABILITY43,17043,170
0070602122ATRACTOR HIP36,29336,293
0080602211AAVIATION TECHNOLOGY55,61555,615
0090602270AELECTRONIC WARFARE TECHNOLOGY17,58517,585
0100602303AMISSILE TECHNOLOGY51,52851,528
0110602307AADVANCED WEAPONS TECHNOLOGY26,16226,162
0120602308AADVANCED CONCEPTS AND SIMULATION24,06324,063
0130602601ACOMBAT VEHICLE AND AUTOMOTIVE
TECHNOLOGY64,58964,589
0140602618ABALLISTICS TECHNOLOGY68,30068,300
0150602622ACHEMICAL, SMOKE AND EQUIPMENT DEFEATING
TECHNOLOGY4,4904,490
0160602623AJOINT SERVICE SMALL ARMS PROGRAM7,8187,818
0170602624AWEAPONS AND MUNITIONS TECHNOLOGY37,79837,798
0180602705AELECTRONICS AND ELECTRONIC DEVICES59,02159,021
0190602709ANIGHT VISION TECHNOLOGY43,42643,426
0200602712ACOUNTERMINE SYSTEMS20,57420,574
0210602716AHUMAN FACTORS ENGINEERING TECHNOLOGY21,33921,339
0220602720AENVIRONMENTAL QUALITY TECHNOLOGY20,31620,316
0230602782ACOMMAND, CONTROL, COMMUNICATIONS
TECHNOLOGY34,20934,209
0240602783ACOMPUTER AND SOFTWARE TECHNOLOGY10,43910,439
0250602784AMILITARY ENGINEERING TECHNOLOGY70,06470,064
0260602785AMANPOWER/PERSONNEL/TRAINING
TECHNOLOGY17,65417,654
0270602786AWARFIGHTER TECHNOLOGY31,54631,546
0280602787AMEDICAL TECHNOLOGY93,34093,340
SUBTOTAL
APPLIED RESEARCH885,924885,924
ADVANCED TECHNOLOGY
DEVELOPMENT
0290603001AWARFIGHTER ADVANCED TECHNOLOGY56,05656,056
0300603002AMEDICAL ADVANCED TECHNOLOGY62,03262,032
0310603003AAVIATION ADVANCED TECHNOLOGY81,08081,080
0320603004AWEAPONS AND MUNITIONS ADVANCED
TECHNOLOGY63,91963,919
0330603005ACOMBAT VEHICLE AND AUTOMOTIVE ADVANCED
TECHNOLOGY97,04397,043
0340603006ASPACE APPLICATION ADVANCED
TECHNOLOGY5,8665,866
0350603007AMANPOWER, PERSONNEL AND TRAINING ADVANCED
TECHNOLOGY7,8007,800
0360603008AELECTRONIC WARFARE ADVANCED
TECHNOLOGY40,41640,416
0370603009ATRACTOR HIKE9,1669,166
0380603015ANEXT GENERATION TRAINING & SIMULATION
SYSTEMS13,62713,627
0390603020ATRACTOR ROSE10,66710,667
0410603125ACOMBATING TERRORISM—TECHNOLOGY
DEVELOPMENT15,05415,054
0420603130ATRACTOR NAIL3,1943,194
0430603131ATRACTOR EGGS2,3672,367
0440603270AELECTRONIC WARFARE TECHNOLOGY25,34825,348
0450603313AMISSILE AND ROCKET ADVANCED
TECHNOLOGY64,00964,009
0460603322ATRACTOR CAGE11,08311,083
0470603461AHIGH PERFORMANCE COMPUTING MODERNIZATION
PROGRAM180,662180,662
0480603606ALANDMINE WARFARE AND BARRIER ADVANCED
TECHNOLOGY22,80622,806
0490603607AJOINT SERVICE SMALL ARMS PROGRAM5,0305,030
0500603710ANIGHT VISION ADVANCED TECHNOLOGY36,40736,407
0510603728AENVIRONMENTAL QUALITY TECHNOLOGY
DEMONSTRATIONS11,74511,745
0520603734AMILITARY ENGINEERING ADVANCED
TECHNOLOGY23,71723,717
0530603772AADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR
TECHNOLOGY33,01233,012
SUBTOTAL
ADVANCED TECHNOLOGY DEVELOPMENT882,106882,106
ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
0540603305AARMY MISSLE DEFENSE SYSTEMS
INTEGRATION15,30115,301
0550603308AARMY SPACE SYSTEMS INTEGRATION13,59213,592
0560603619ALANDMINE WARFARE AND BARRIER—ADV DEV10,62510,625
0580603639ATANK AND MEDIUM CALIBER AMMUNITION30,61230,612
0590603653AADVANCED TANK ARMAMENT SYSTEM (ATAS)49,98949,989
0600603747ASOLDIER SUPPORT AND SURVIVABILITY6,7036,703
0610603766ATACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV
DEV6,8946,894
0620603774ANIGHT VISION SYSTEMS ADVANCED
DEVELOPMENT9,0669,066
0630603779AENVIRONMENTAL QUALITY
TECHNOLOGY—DEM/VAL2,6332,633
0640603782AWARFIGHTER INFORMATION
NETWORK-TACTICAL—DEM/VAL272,384272,384
0650603790ANATO RESEARCH AND DEVELOPMENT3,8743,874
0660603801AAVIATION—ADV DEV5,0185,018
0670603804ALOGISTICS AND ENGINEER EQUIPMENT—ADV
DEV11,55611,556
0690603807AMEDICAL SYSTEMS—ADV DEV15,60315,603
0700603827ASOLDIER SYSTEMS—ADVANCED DEVELOPMENT14,15914,159
0710603850AINTEGRATED BROADCAST SERVICE7979
0720604115ATECHNOLOGY MATURATION INITIATIVES55,60555,605
0740604319AINDIRECT FIRE PROTECTION CAPABILITY INCREMENT
2–INTERCEPT (IFPC2)79,23279,232
0750604785AINTEGRATED BASE DEFENSE (BUDGET ACTIVITY
4)4,4764,476
0760305205AENDURANCE UAVS28,991991
LEMV program
reduction[–28,000]
SUBTOTAL
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES636,392608,392
SYSTEM DEVELOPMENT
& DEMONSTRATION
0770604201AAIRCRAFT AVIONICS76,58876,588
0780604220AARMED, DEPLOYABLE HELOS73,30973,309
0790604270AELECTRONIC WARFARE DEVELOPMENT154,621154,621
0800604280AJOINT TACTICAL RADIO31,82631,826
0810604290AMID-TIER NETWORKING VEHICULAR RADIO
(MNVR)23,34123,341
0820604321AALL SOURCE ANALYSIS SYSTEM4,8394,839
0830604328ATRACTOR CAGE23,84123,841
0840604601AINFANTRY SUPPORT WEAPONS79,85590,855
Transfer from WTCV
line 15—XM25 development[11,000]
0850604604AMEDIUM TACTICAL VEHICLES2,1402,140
0860604611AJAVELIN5,0025,002
0870604622AFAMILY OF HEAVY TACTICAL VEHICLES21,32121,321
0880604633AAIR TRAFFIC CONTROL514514
0930604710ANIGHT VISION SYSTEMS—ENG DEV43,40543,405
0940604713ACOMBAT FEEDING, CLOTHING, AND
EQUIPMENT1,9391,939
0950604715ANON-SYSTEM TRAINING DEVICES—ENG DEV18,98018,980
0970604741AAIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG
DEV18,29418,294
0980604742ACONSTRUCTIVE SIMULATION SYSTEMS
DEVELOPMENT17,01317,013
0990604746AAUTOMATIC TEST EQUIPMENT DEVELOPMENT6,7016,701
1000604760ADISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG
DEV14,57514,575
1010604780ACOMBINED ARMS TACTICAL TRAINER (CATT)
CORE27,63427,634
1020604798ABRIGADE ANALYSIS, INTEGRATION AND
EVALUATION193,748193,748
1030604802AWEAPONS AND MUNITIONS—ENG DEV15,72115,721
1040604804ALOGISTICS AND ENGINEER EQUIPMENT—ENG
DEV41,70341,703
1050604805ACOMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG
DEV7,3797,379
1060604807AMEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE
EQUIPMENT—ENG DEV39,46839,468
1070604808ALANDMINE WARFARE/BARRIER—ENG DEV92,28592,285
1080604814AARTILLERY MUNITIONS—EMD8,2098,209
1090604818AARMY TACTICAL COMMAND & CONTROL HARDWARE &
SOFTWARE22,95822,958
1100604820ARADAR DEVELOPMENT1,5491,549
1110604822AGENERAL FUND ENTERPRISE BUSINESS SYSTEM
(GFEBS)17,34217,342
1120604823AFIREFINDER47,22147,221
1130604827ASOLDIER SYSTEMS—WARRIOR DEM/VAL48,47748,477
1140604854AARTILLERY SYSTEMS—EMD80,61380,613
1170605013AINFORMATION TECHNOLOGY DEVELOPMENT68,81468,814
1180605018AINTEGRATED PERSONNEL AND PAY SYSTEM-ARMY
(IPPS-A)137,290137,290
1190605028AARMORED MULTI-PURPOSE VEHICLE (AMPV)116,298116,298
1200605030AJOINT TACTICAL NETWORK CENTER (JTNC)68,14868,148
1210605380AAMF JOINT TACTICAL RADIO SYSTEM
(JTRS)33,21933,219
1220605450AJOINT AIR-TO-GROUND MISSILE (JAGM)15,12715,127
1240605456APAC–3/MSE MISSILE68,84368,843
1250605457AARMY INTEGRATED AIR AND MISSILE DEFENSE
(AIAMD)364,649364,649
1260605625AMANNED GROUND VEHICLE592,201592,201
1270605626AAERIAL COMMON SENSOR10,38210,382
1280605766ANATIONAL CAPABILITIES INTEGRATION
(MIP)21,14321,143
1290605812AJOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING
AND MANUFACTURING DEVELOPMENT PH84,23084,230
1300303032ATROJAN—RH123,4653,465
1310304270AELECTRONIC WARFARE DEVELOPMENT10,80610,806
SUBTOTAL
SYSTEM DEVELOPMENT & DEMONSTRATION2,857,0262,868,026
RDT&E MANAGEMENT
SUPPORT
1320604256ATHREAT SIMULATOR DEVELOPMENT16,93416,934
1330604258ATARGET SYSTEMS DEVELOPMENT13,48813,488
1340604759AMAJOR T&E INVESTMENT46,67246,672
1350605103ARAND ARROYO CENTER11,91911,919
1360605301AARMY KWAJALEIN ATOLL193,658193,658
1370605326ACONCEPTS EXPERIMENTATION PROGRAM37,15837,158
1390605601AARMY TEST RANGES AND FACILITIES340,659340,659
1400605602AARMY TECHNICAL TEST INSTRUMENTATION AND
TARGETS66,06166,061
1410605604ASURVIVABILITY/LETHALITY ANALYSIS43,28043,280
1430605606AAIRCRAFT CERTIFICATION6,0256,025
1440605702AMETEOROLOGICAL SUPPORT TO RDT&E
ACTIVITIES7,3497,349
1450605706AMATERIEL SYSTEMS ANALYSIS19,80919,809
1460605709AEXPLOITATION OF FOREIGN ITEMS5,9415,941
1470605712ASUPPORT OF OPERATIONAL TESTING55,50455,504
1480605716AARMY EVALUATION CENTER65,27465,274
1490605718AARMY MODELING & SIM X-CMD COLLABORATION &
INTEG1,2831,283
1500605801APROGRAMWIDE ACTIVITIES82,03582,035
1510605803ATECHNICAL INFORMATION ACTIVITIES33,85333,853
1520605805AMUNITIONS STANDARDIZATION, EFFECTIVENESS AND
SAFETY53,34053,340
1530605857AENVIRONMENTAL QUALITY TECHNOLOGY MGMT
SUPPORT5,1935,193
1540605898AMANAGEMENT HQ—R&D54,17554,175
SUBTOTAL
RDT&E MANAGEMENT SUPPORT1,159,6101,159,610
OPERATIONAL SYSTEMS
DEVELOPMENT
1560603778AMLRS PRODUCT IMPROVEMENT PROGRAM110,576110,576
1570607141ALOGISTICS AUTOMATION3,7173,717
1590607865APATRIOT PRODUCT IMPROVEMENT70,05370,053
1600102419AAEROSTAT JOINT PROJECT OFFICE98,45068,450
JLENS program
reduction[–30,000]
1610203726AADV FIELD ARTILLERY TACTICAL DATA
SYSTEM30,94030,940
1620203735ACOMBAT VEHICLE IMPROVEMENT PROGRAMS177,532177,532
1630203740AMANEUVER CONTROL SYSTEM36,49536,495
1640203744AAIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT
PROGRAMS257,187257,187
1650203752AAIRCRAFT ENGINE COMPONENT IMPROVEMENT
PROGRAM315315
1660203758ADIGITIZATION6,1866,186
1670203801AMISSILE/AIR DEFENSE PRODUCT IMPROVEMENT
PROGRAM1,5781,578
1680203802AOTHER MISSILE PRODUCT IMPROVEMENT
PROGRAMS62,10062,100
1690203808ATRACTOR CARD18,77818,778
1700208053AJOINT TACTICAL GROUND SYSTEM7,1087,108
1730303028ASECURITY AND INTELLIGENCE ACTIVITIES7,6007,600
1740303140AINFORMATION SYSTEMS SECURITY PROGRAM9,3579,357
1750303141AGLOBAL COMBAT SUPPORT SYSTEM41,22541,225
1760303142ASATCOM GROUND ENVIRONMENT (SPACE)18,19718,197
1770303150AWWMCCS/GLOBAL COMMAND AND CONTROL
SYSTEM14,21514,215
1790305204ATACTICAL UNMANNED AERIAL VEHICLES33,53333,533
1800305208ADISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS27,62227,622
1810305219AMQ–1C GRAY EAGLE UAS10,90110,901
1820305232ARQ–11 UAV2,3212,321
1830305233ARQ–7 UAV12,03112,031
1850307665ABIOMETRICS ENABLED INTELLIGENCE12,44912,449
1860708045AEND ITEM INDUSTRIAL PREPAREDNESS
ACTIVITIES56,13656,136
186A9999999999CLASSIFIED PROGRAMS4,7174,717
SUBTOTAL
OPERATIONAL SYSTEMS DEVELOPMENT1,131,3191,101,319
TOTAL
RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY7,989,1027,942,102
RESEARCH,
DEVELOPMENT, TEST & EVAL, NAVY
BASIC
RESEARCH
0010601103NUNIVERSITY RESEARCH INITIATIVES112,617122,617
Program
increase[10,000]
0020601152NIN-HOUSE LABORATORY INDEPENDENT
RESEARCH18,23018,230
0030601153NDEFENSE RESEARCH SCIENCES484,459484,459
SUBTOTAL
BASIC RESEARCH615,306625,306
APPLIED
RESEARCH
0040602114NPOWER PROJECTION APPLIED RESEARCH104,513104,513
0050602123NFORCE PROTECTION APPLIED RESEARCH145,307145,307
0060602131MMARINE CORPS LANDING FORCE
TECHNOLOGY47,33447,334
0070602235NCOMMON PICTURE APPLIED RESEARCH34,16334,163
0080602236NWARFIGHTER SUSTAINMENT APPLIED
RESEARCH49,68949,689
0090602271NELECTROMAGNETIC SYSTEMS APPLIED
RESEARCH97,70197,701
0100602435NOCEAN WARFIGHTING ENVIRONMENT APPLIED
RESEARCH45,68563,685
AGOR mid life
refit[18,000]
0110602651MJOINT NON-LETHAL WEAPONS APPLIED
RESEARCH6,0606,060
0120602747NUNDERSEA WARFARE APPLIED RESEARCH103,050103,050
0130602750NFUTURE NAVAL CAPABILITIES APPLIED
RESEARCH169,710169,710
0140602782NMINE AND EXPEDITIONARY WARFARE APPLIED
RESEARCH31,32631,326
SUBTOTAL
APPLIED RESEARCH834,538852,538
ADVANCED TECHNOLOGY
DEVELOPMENT
0150603114NPOWER PROJECTION ADVANCED TECHNOLOGY48,20148,201
0160603123NFORCE PROTECTION ADVANCED TECHNOLOGY28,32828,328
0190603271NELECTROMAGNETIC SYSTEMS ADVANCED
TECHNOLOGY56,17956,179
0200603640MUSMC ADVANCED TECHNOLOGY DEMONSTRATION
(ATD)132,400132,400
0210603651MJOINT NON-LETHAL WEAPONS TECHNOLOGY
DEVELOPMENT11,85411,854
0220603673NFUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY
DEVELOPMENT247,931247,931
0230603729NWARFIGHTER PROTECTION ADVANCED
TECHNOLOGY4,7604,760
0250603758NNAVY WARFIGHTING EXPERIMENTS AND
DEMONSTRATIONS51,46351,463
0260603782NMINE AND EXPEDITIONARY WARFARE ADVANCED
TECHNOLOGY2,0002,000
SUBTOTAL
ADVANCED TECHNOLOGY DEVELOPMENT583,116583,116
ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
0270603207NAIR/OCEAN TACTICAL APPLICATIONS42,24642,246
0280603216NAVIATION SURVIVABILITY5,5915,591
0290603237NDEPLOYABLE JOINT COMMAND AND CONTROL3,2623,262
0300603251NAIRCRAFT SYSTEMS7474
0310603254NASW SYSTEMS DEVELOPMENT7,9647,964
0320603261NTACTICAL AIRBORNE RECONNAISSANCE5,2575,257
0330603382NADVANCED COMBAT SYSTEMS TECHNOLOGY1,5701,570
0340603502NSURFACE AND SHALLOW WATER MINE
COUNTERMEASURES168,040168,040
0350603506NSURFACE SHIP TORPEDO DEFENSE88,64988,649
0360603512NCARRIER SYSTEMS DEVELOPMENT83,90283,902
0370603525NPILOT FISH108,713108,713
0380603527NRETRACT LARCH9,3169,316
0390603536NRETRACT JUNIPER77,10877,108
0400603542NRADIOLOGICAL CONTROL762762
0410603553NSURFACE ASW2,3492,349
0420603561NADVANCED SUBMARINE SYSTEM
DEVELOPMENT852,977874,977
Unmanned Underwater
Vehicle Development[22,000]
0430603562NSUBMARINE TACTICAL WARFARE SYSTEMS8,7648,764
0440603563NSHIP CONCEPT ADVANCED DESIGN20,50120,501
0450603564NSHIP PRELIMINARY DESIGN & FEASIBILITY
STUDIES27,05227,052
0460603570NADVANCED NUCLEAR POWER SYSTEMS428,933428,933
0470603573NADVANCED SURFACE MACHINERY SYSTEMS27,15427,154
0480603576NCHALK EAGLE519,140519,140
0490603581NLITTORAL COMBAT SHIP (LCS)406,389406,389
0500603582NCOMBAT SYSTEM INTEGRATION36,57036,570
0510603609NCONVENTIONAL MUNITIONS8,4048,404
0520603611MMARINE CORPS ASSAULT VEHICLES136,967136,967
0530603635MMARINE CORPS GROUND COMBAT/SUPPORT
SYSTEM1,4891,489
0540603654NJOINT SERVICE EXPLOSIVE ORDNANCE
DEVELOPMENT38,42238,422
0550603658NCOOPERATIVE ENGAGEMENT69,31269,312
0560603713NOCEAN ENGINEERING TECHNOLOGY
DEVELOPMENT9,1969,196
0570603721NENVIRONMENTAL PROTECTION18,85018,850
0580603724NNAVY ENERGY PROGRAM45,61845,618
0590603725NFACILITIES IMPROVEMENT3,0193,019
0600603734NCHALK CORAL144,951144,951
0610603739NNAVY LOGISTIC PRODUCTIVITY5,7975,797
0620603746NRETRACT MAPLE308,131308,131
0630603748NLINK PLUMERIA195,189195,189
0640603751NRETRACT ELM56,35856,358
0650603764NLINK EVERGREEN55,37855,378
0660603787NSPECIAL PROCESSES48,84248,842
0670603790NNATO RESEARCH AND DEVELOPMENT7,5097,509
0680603795NLAND ATTACK TECHNOLOGY5,0755,075
0690603851MJOINT NON-LETHAL WEAPONS TESTING51,17851,178
0700603860NJOINT PRECISION APPROACH AND LANDING
SYSTEMS—DEM/VAL205,615205,615
0720604272NTACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES
(TADIRCM)37,22737,227
0730604279NASE SELF-PROTECTION OPTIMIZATION169169
0740604653NJOINT COUNTER RADIO CONTROLLED IED ELECTRONIC
WARFARE (JCREW)20,87410,874
Schedule
delay[–10,000]
0750604659NPRECISION STRIKE WEAPONS DEVELOPMENT
PROGRAM2,2572,257
0760604707NSPACE AND ELECTRONIC WARFARE (SEW)
ARCHITECTURE/ENGINEERING SUPPORT38,32738,327
0770604786NOFFENSIVE ANTI-SURFACE WARFARE WEAPON
DEVELOPMENT135,985135,985
0780605812MJOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING
AND MANUFACTURING DEVELOPMENT PH50,36250,362
0790303354NASW SYSTEMS DEVELOPMENT—MIP8,4488,448
0800304270NELECTRONIC WARFARE DEVELOPMENT—MIP153153
SUBTOTAL
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES4,641,3854,653,385
SYSTEM DEVELOPMENT
& DEMONSTRATION
0810604212NOTHER HELO DEVELOPMENT40,55840,558
0820604214NAV–8B AIRCRAFT—ENG DEV35,82535,825
0830604215NSTANDARDS DEVELOPMENT99,89199,891
0840604216NMULTI-MISSION HELICOPTER UPGRADE
DEVELOPMENT17,56517,565
0850604218NAIR/OCEAN EQUIPMENT ENGINEERING4,0264,026
0860604221NP–3 MODERNIZATION PROGRAM1,7911,791
0870604230NWARFARE SUPPORT SYSTEM11,72511,725
0880604231NTACTICAL COMMAND SYSTEM68,46368,463
0890604234NADVANCED HAWKEYE152,041152,041
0900604245NH–1 UPGRADES47,12347,123
0910604261NACOUSTIC SEARCH SENSORS30,20830,208
0920604262NV–22A43,08443,084
0930604264NAIR CREW SYSTEMS DEVELOPMENT11,40111,401
0940604269NEA–1811,13811,138
0950604270NELECTRONIC WARFARE DEVELOPMENT34,96434,964
0960604273NVH–71A EXECUTIVE HELO DEVELOPMENT94,23894,238
0970604274NNEXT GENERATION JAMMER (NGJ)257,796257,796
0980604280NJOINT TACTICAL RADIO SYSTEM—NAVY
(JTRS-NAVY)3,3023,302
0990604307NSURFACE COMBATANT COMBAT SYSTEM
ENGINEERING240,298240,298
1000604311NLPD–17 CLASS SYSTEMS INTEGRATION1,2141,214
1010604329NSMALL DIAMETER BOMB (SDB)46,00746,007
1020604366NSTANDARD MISSILE IMPROVEMENTS75,59275,592
1030604373NAIRBORNE MCM117,854117,854
1040604376MMARINE AIR GROUND TASK FORCE (MAGTF) ELECTRONIC
WARFARE (EW) FOR AVIATION10,08010,080
1050604378NNAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS
ENGINEERING21,41321,413
1060604404NUNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE
AND STRIKE (UCLASS) SYSTEM146,683146,683
1070604501NADVANCED ABOVE WATER SENSORS275,871275,871
1080604503NSSN–688 AND TRIDENT MODERNIZATION89,67289,672
1090604504NAIR CONTROL13,75413,754
1100604512NSHIPBOARD AVIATION SYSTEMS69,61569,615
1120604558NNEW DESIGN SSN121,566121,566
1130604562NSUBMARINE TACTICAL WARFARE SYSTEM49,14349,143
1140604567NSHIP CONTRACT DESIGN/ LIVE FIRE
T&E155,254155,254
1150604574NNAVY TACTICAL COMPUTER RESOURCES3,6893,689
1160604601NMINE DEVELOPMENT5,0415,041
1170604610NLIGHTWEIGHT TORPEDO DEVELOPMENT26,44426,444
1180604654NJOINT SERVICE EXPLOSIVE ORDNANCE
DEVELOPMENT8,8978,897
1190604703NPERSONNEL, TRAINING, SIMULATION, AND HUMAN
FACTORS6,2336,233
1200604727NJOINT STANDOFF WEAPON SYSTEMS442442
1210604755NSHIP SELF DEFENSE (DETECT &
CONTROL)130,360130,360
1220604756NSHIP SELF DEFENSE (ENGAGE: HARD
KILL)50,20950,209
1230604757NSHIP SELF DEFENSE (ENGAGE: SOFT
KILL/EW)164,799164,799
1240604761NINTELLIGENCE ENGINEERING1,9841,984
1250604771NMEDICAL DEVELOPMENT9,4589,458
1260604777NNAVIGATION/ID SYSTEM51,43051,430
1270604800MJOINT STRIKE FIGHTER (JSF)—EMD512,631512,631
1280604800NJOINT STRIKE FIGHTER (JSF)—EMD534,187534,187
1290605013MINFORMATION TECHNOLOGY DEVELOPMENT5,5645,564
1300605013NINFORMATION TECHNOLOGY DEVELOPMENT69,65969,659
1320605212NCH–53K RDTE503,180503,180
1330605450NJOINT AIR-TO-GROUND MISSILE (JAGM)5,5005,500
1340605500NMULTI-MISSION MARITIME AIRCRAFT
(MMA)317,358317,358
1350204202NDDG–1000187,910187,910
1360304231NTACTICAL COMMAND SYSTEM—MIP2,1402,140
1370304785NTACTICAL CRYPTOLOGIC SYSTEMS9,4069,406
1380305124NSPECIAL APPLICATIONS PROGRAM22,80022,800
SUBTOTAL
SYSTEM DEVELOPMENT & DEMONSTRATION5,028,4765,028,476
MANAGEMENT
SUPPORT
1390604256NTHREAT SIMULATOR DEVELOPMENT43,26143,261
1400604258NTARGET SYSTEMS DEVELOPMENT71,87271,872
1410604759NMAJOR T&E INVESTMENT38,03338,033
1420605126NJOINT THEATER AIR AND MISSILE DEFENSE
ORGANIZATION1,3521,352
1430605152NSTUDIES AND ANALYSIS SUPPORT—NAVY5,5665,566
1440605154NCENTER FOR NAVAL ANALYSES48,34548,345
1460605804NTECHNICAL INFORMATION SERVICES637637
1470605853NMANAGEMENT, TECHNICAL & INTERNATIONAL
SUPPORT76,58576,585
1480605856NSTRATEGIC TECHNICAL SUPPORT3,2213,221
1490605861NRDT&E SCIENCE AND TECHNOLOGY
MANAGEMENT72,72572,725
1500605863NRDT&E SHIP AND AIRCRAFT SUPPORT141,778141,778
1510605864NTEST AND EVALUATION SUPPORT331,219331,219
1520605865NOPERATIONAL TEST AND EVALUATION
CAPABILITY16,56516,565
1530605866NNAVY SPACE AND ELECTRONIC WARFARE (SEW)
SUPPORT3,2653,265
1540605867NSEW SURVEILLANCE/RECONNAISSANCE
SUPPORT7,1347,134
1550605873MMARINE CORPS PROGRAM WIDE SUPPORT24,08224,082
1560305885NTACTICAL CRYPTOLOGIC ACTIVITIES497497
SUBTOTAL
MANAGEMENT SUPPORT886,137886,137
OPERATIONAL SYSTEMS
DEVELOPMENT
1590604227NHARPOON MODIFICATIONS699699
1600604402NUNMANNED COMBAT AIR VEHICLE (UCAV) ADVANCED
COMPONENT AND PROTOTYPE DEVELOPMENT20,96140,961
X–47B Aerial
Refueling Test & Evaluation[20,000]
1620604766MMARINE CORPS DATA SYSTEMS3535
1630605525NCARRIER ONBOARD DELIVERY (COD) FOLLOW
ON2,4602,460
1640605555NSTRIKE WEAPONS DEVELOPMENT9,7579,757
1650101221NSTRATEGIC SUB & WEAPONS SYSTEM
SUPPORT98,057121,957
Reentry System
Applications and Strategic Guidance Applications[23,900]
1660101224NSSBN SECURITY TECHNOLOGY PROGRAM31,76831,768
1670101226NSUBMARINE ACOUSTIC WARFARE
DEVELOPMENT1,4641,464
1680101402NNAVY STRATEGIC COMMUNICATIONS21,72921,729
1690203761NRAPID TECHNOLOGY TRANSITION (RTT)13,56113,561
1700204136NF/A–18 SQUADRONS131,118131,118
1710204152NE–2 SQUADRONS1,9711,971
1720204163NFLEET TELECOMMUNICATIONS (TACTICAL)46,15546,155
1730204228NSURFACE SUPPORT2,3742,374
1740204229NTOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER
(TMPC)12,40712,407
1750204311NINTEGRATED SURVEILLANCE SYSTEM41,60941,609
1760204413NAMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT
CRAFT)7,2407,240
1770204460MGROUND/AIR TASK ORIENTED RADAR
(G/ATOR)78,20878,208
1780204571NCONSOLIDATED TRAINING SYSTEMS
DEVELOPMENT45,12445,124
1790204574NCRYPTOLOGIC DIRECT SUPPORT2,7032,703
1800204575NELECTRONIC WARFARE (EW) READINESS
SUPPORT19,56319,563
1810205601NHARM IMPROVEMENT13,58613,586
1820205604NTACTICAL DATA LINKS197,538197,538
1830205620NSURFACE ASW COMBAT SYSTEM
INTEGRATION31,86331,863
1840205632NMK–48 ADCAP12,80612,806
1850205633NAVIATION IMPROVEMENTS88,60788,607
1870205675NOPERATIONAL NUCLEAR POWER SYSTEMS116,928116,928
1880206313MMARINE CORPS COMMUNICATIONS SYSTEMS178,753178,753
1890206623MMARINE CORPS GROUND COMBAT/SUPPORTING ARMS
SYSTEMS139,594113,794
Marine personnel
carrier—funding ahead of need[–20,800]
Precision extended
range munition program reduction[–5,000]
1900206624MMARINE CORPS COMBAT SERVICES SUPPORT42,64742,647
1910206625MUSMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS
(MIP)34,39434,394
1920207161NTACTICAL AIM MISSILES39,15939,159
1930207163NADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE
(AMRAAM)2,6132,613
1940208058NJOINT HIGH SPEED VESSEL (JHSV)986986
1990303109NSATELLITE COMMUNICATIONS (SPACE)66,23166,231
2000303138NCONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES
(CANES)24,47624,476
2010303140NINFORMATION SYSTEMS SECURITY PROGRAM23,53123,531
2060305160NNAVY METEOROLOGICAL AND OCEAN SENSORS-SPACE
(METOC)742742
2070305192NMILITARY INTELLIGENCE PROGRAM (MIP)
ACTIVITIES4,8044,804
2080305204NTACTICAL UNMANNED AERIAL VEHICLES8,3818,381
2110305208MDISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS5,5355,535
2120305208NDISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS19,71819,718
2130305220NRQ–4 UAV375,235375,235
2140305231NMQ–8 UAV48,71348,713
2150305232MRQ–11 UAV102102
2160305233NRQ–7 UAV710710
2170305234NSMALL (LEVEL 0) TACTICAL UAS
(STUASL0)5,0135,013
2190305239MRQ–21A11,12211,122
2200305241NMULTI-INTELLIGENCE SENSOR
DEVELOPMENT28,85128,851
2210308601NMODELING AND SIMULATION SUPPORT5,1165,116
2220702207NDEPOT MAINTENANCE (NON-IF)28,04228,042
2230708011NINDUSTRIAL PREPAREDNESS50,93350,933
2240708730NMARITIME TECHNOLOGY (MARITECH)4,9984,998
224A9999999999CLASSIFIED PROGRAMS1,185,1321,185,132
SUBTOTAL
OPERATIONAL SYSTEMS DEVELOPMENT3,385,8223,403,922
TOTAL
RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY15,974,78016,032,880
RESEARCH,
DEVELOPMENT, TEST & EVAL, AF
BASIC
RESEARCH
0010601102FDEFENSE RESEARCH SCIENCES373,151373,151
0020601103FUNIVERSITY RESEARCH INITIATIVES138,333138,333
0030601108FHIGH ENERGY LASER RESEARCH
INITIATIVES13,28613,286
SUBTOTAL
BASIC RESEARCH524,770524,770
APPLIED
RESEARCH
0040602102FMATERIALS116,846116,846
0050602201FAEROSPACE VEHICLE TECHNOLOGIES119,672119,672
0060602202FHUMAN EFFECTIVENESS APPLIED RESEARCH89,48389,483
0070602203FAEROSPACE PROPULSION197,546197,546
0080602204FAEROSPACE SENSORS127,539127,539
0090602601FSPACE TECHNOLOGY104,063104,063
0100602602FCONVENTIONAL MUNITIONS81,52181,521
0110602605FDIRECTED ENERGY TECHNOLOGY112,845112,845
0120602788FDOMINANT INFORMATION SCIENCES AND
METHODS138,161138,161
0130602890FHIGH ENERGY LASER RESEARCH40,21740,217
SUBTOTAL
APPLIED RESEARCH1,127,8931,127,893
ADVANCED TECHNOLOGY
DEVELOPMENT
0140603112FADVANCED MATERIALS FOR WEAPON
SYSTEMS39,57249,572
Program
increase[10,000]
0150603199FSUSTAINMENT SCIENCE AND TECHNOLOGY
(S&T)12,80012,800
0160603203FADVANCED AEROSPACE SENSORS30,57930,579
0170603211FAEROSPACE TECHNOLOGY DEV/DEMO77,34777,347
0180603216FAEROSPACE PROPULSION AND POWER
TECHNOLOGY149,321149,321
0190603270FELECTRONIC COMBAT TECHNOLOGY49,12849,128
0200603401FADVANCED SPACECRAFT TECHNOLOGY68,07168,071
0210603444FMAUI SPACE SURVEILLANCE SYSTEM
(MSSS)26,29926,299
0220603456FHUMAN EFFECTIVENESS ADVANCED TECHNOLOGY
DEVELOPMENT20,96720,967
0230603601FCONVENTIONAL WEAPONS TECHNOLOGY33,99633,996
0240603605FADVANCED WEAPONS TECHNOLOGY19,00019,000
0250603680FMANUFACTURING TECHNOLOGY PROGRAM41,35341,353
0260603788FBATTLESPACE KNOWLEDGE DEVELOPMENT AND
DEMONSTRATION49,09349,093
SUBTOTAL
ADVANCED TECHNOLOGY DEVELOPMENT617,526627,526
ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
0280603260FINTELLIGENCE ADVANCED DEVELOPMENT3,9833,983
0290603287FPHYSICAL SECURITY EQUIPMENT3,8743,874
0320603438FSPACE CONTROL TECHNOLOGY27,02427,024
0330603742FCOMBAT IDENTIFICATION TECHNOLOGY15,89915,899
0340603790FNATO RESEARCH AND DEVELOPMENT4,5684,568
0350603791FINTERNATIONAL SPACE COOPERATIVE
R&D379379
0360603830FSPACE PROTECTION PROGRAM (SPP)28,76428,764
0380603851FINTERCONTINENTAL BALLISTIC
MISSILE—DEM/VAL86,73786,737
0400603859FPOLLUTION PREVENTION—DEM/VAL953953
0420604015FLONG RANGE STRIKE379,437379,437
0440604317FTECHNOLOGY TRANSFER2,6062,606
0450604327FHARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM
(HDBTDS) PROGRAM103103
0470604337FREQUIREMENTS ANALYSIS AND MATURATION16,01816,018
0490604458FAIR & SPACE OPS CENTER58,86158,861
0500604618FJOINT DIRECT ATTACK MUNITION2,5002,500
0510604635FGROUND ATTACK WEAPONS FUZE
DEVELOPMENT21,17521,175
0530604858FTECH TRANSITION PROGRAM13,63613,636
0540105921FSERVICE SUPPORT TO STRATCOM—SPACE
ACTIVITIES2,7992,799
0550207455FTHREE DIMENSIONAL LONG-RANGE RADAR
(3DELRR)70,16070,160
0560305164FNAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT)
(SPACE)137,233137,233
SUBTOTAL
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES876,709876,709
SYSTEM DEVELOPMENT
& DEMONSTRATION
0580603260FINTELLIGENCE ADVANCED DEVELOPMENT977977
0610604233FSPECIALIZED UNDERGRADUATE FLIGHT
TRAINING3,6013,601
0620604270FELECTRONIC WARFARE DEVELOPMENT1,9711,971
0640604281FTACTICAL DATA NETWORKS ENTERPRISE51,45651,456
0650604287FPHYSICAL SECURITY EQUIPMENT5050
0660604329FSMALL DIAMETER BOMB (SDB)—EMD115,000115,000
0670604421FCOUNTERSPACE SYSTEMS23,93023,930
0680604425FSPACE SITUATION AWARENESS SYSTEMS400,258400,258
0690604429FAIRBORNE ELECTRONIC ATTACK4,5754,575
0700604441FSPACE BASED INFRARED SYSTEM (SBIRS) HIGH
EMD352,532372,532
Space Based
Infrared Systems (SBIRS) Data Exploitation[20,000]
0710604602FARMAMENT/ORDNANCE DEVELOPMENT16,28416,284
0720604604FSUBMUNITIONS2,5642,564
0730604617FAGILE COMBAT SUPPORT17,03617,036
0740604706FLIFE SUPPORT SYSTEMS7,2737,273
0750604735FCOMBAT TRAINING RANGES33,20033,200
0780604800FF–35—EMD816,335816,335
0790604851FINTERCONTINENTAL BALLISTIC
MISSILE—EMD145,442145,442
0800604853FEVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM
(SPACE)—EMD27,96327,963
0810604932FLONG RANGE STANDOFF WEAPON5,0005,000
0820604933FICBM FUZE MODERNIZATION129,411129,411
0830605213FF–22 MODERNIZATION INCREMENT 3.2B131,100131,100
0840605221FKC–461,558,5901,558,590
0850605229FCSAR HH–60 RECAPITALIZATION393,558393,558
0860605278FHC/MC–130 RECAP RDT&E6,2426,242
0870605431FADVANCED EHF MILSATCOM (SPACE)272,872272,872
0880605432FPOLAR MILSATCOM (SPACE)124,805124,805
0890605433FWIDEBAND GLOBAL SATCOM (SPACE)13,94813,948
0900605931FB–2 DEFENSIVE MANAGEMENT SYSTEM303,500303,500
0910101125FNUCLEAR WEAPONS MODERNIZATION67,87467,874
0940207701FFULL COMBAT MISSION TRAINING4,6634,663
0970401318FCV–2246,70546,705
SUBTOTAL
SYSTEM DEVELOPMENT & DEMONSTRATION5,078,7155,098,715
MANAGEMENT
SUPPORT
0990604256FTHREAT SIMULATOR DEVELOPMENT17,69017,690
1000604759FMAJOR T&E INVESTMENT34,84134,841
1010605101FRAND PROJECT AIR FORCE32,95632,956
1030605712FINITIAL OPERATIONAL TEST &
EVALUATION13,61013,610
1040605807FTEST AND EVALUATION SUPPORT742,658742,658
1050605860FROCKET SYSTEMS LAUNCH PROGRAM
(SPACE)14,20314,203
1060605864FSPACE TEST PROGRAM (STP)13,00013,000
1070605976FFACILITIES RESTORATION AND MODERNIZATION—TEST AND
EVALUATION SUPPORT44,16044,160
1080605978FFACILITIES SUSTAINMENT—TEST AND EVALUATION
SUPPORT27,64327,643
1090606323FMULTI-SERVICE SYSTEMS ENGINEERING
INITIATIVE13,93513,935
1100606392FSPACE AND MISSILE CENTER (SMC) CIVILIAN
WORKFORCE192,348192,348
1110702806FACQUISITION AND MANAGEMENT SUPPORT28,64728,647
1120804731FGENERAL SKILL TRAINING315315
1141001004FINTERNATIONAL ACTIVITIES3,7853,785
SUBTOTAL
MANAGEMENT SUPPORT1,179,7911,179,791
OPERATIONAL SYSTEMS
DEVELOPMENT
1150603423FGLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL
SEGMENT383,500383,500
1170604445FWIDE AREA SURVEILLANCE5,0005,000
1180605018FAF INTEGRATED PERSONNEL AND PAY SYSTEM
(AF-IPPS)90,09790,097
1190605024FANTI-TAMPER TECHNOLOGY EXECUTIVE
AGENCY32,08632,086
1210101113FB–52 SQUADRONS24,00724,007
1220101122FAIR-LAUNCHED CRUISE MISSILE (ALCM)450450
1230101126FB–1B SQUADRONS19,58919,589
1240101127FB–2 SQUADRONS100,194100,194
1250101313FSTRAT WAR PLANNING SYSTEM—USSTRATCOM37,44837,448
1280102326FREGION/SECTOR OPERATION CONTROL CENTER
MODERNIZATION PROGRAM1,7001,700
1300203761FWARFIGHTER RAPID ACQUISITION PROCESS (WRAP) RAPID
TRANSITION FUND3,8443,844
1310205219FMQ–9 UAV128,328128,328
1330207131FA–10 SQUADRONS9,6149,614
1340207133FF–16 SQUADRONS177,298177,298
1350207134FF–15E SQUADRONS244,289244,289
1360207136FMANNED DESTRUCTIVE SUPPRESSION13,13813,138
1370207138FF–22A SQUADRONS328,542328,542
1380207142FF–35 SQUADRONS33,00033,000
1390207161FTACTICAL AIM MISSILES15,46015,460
1400207163FADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE
(AMRAAM)84,17284,172
1420207224FCOMBAT RESCUE AND RECOVERY2,5822,582
1430207227FCOMBAT RESCUE—PARARESCUE542542
1440207247FAF TENCAP89,81689,816
1450207249FPRECISION ATTACK SYSTEMS PROCUREMENT1,0751,075
1460207253FCOMPASS CALL10,78210,782
1470207268FAIRCRAFT ENGINE COMPONENT IMPROVEMENT
PROGRAM139,369139,369
1490207325FJOINT AIR-TO-SURFACE STANDOFF MISSILE
(JASSM)6,3736,373
1500207410FAIR & SPACE OPERATIONS CENTER
(AOC)22,82022,820
1510207412FCONTROL AND REPORTING CENTER (CRC)7,0297,029
1520207417FAIRBORNE WARNING AND CONTROL SYSTEM
(AWACS)186,256186,256
1530207418FTACTICAL AIRBORNE CONTROL SYSTEMS743743
1560207431FCOMBAT AIR INTELLIGENCE SYSTEM
ACTIVITIES4,4714,471
1580207444FTACTICAL AIR CONTROL PARTY-MOD10,25010,250
1590207448FC2ISR TACTICAL DATA LINK1,4311,431
1600207449FCOMMAND AND CONTROL (C2)
CONSTELLATION7,3297,329
1610207452FDCAPES15,08115,081
1620207581FJOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM
(JSTARS)13,24813,248
1630207590FSEEK EAGLE24,34224,342
1640207601FUSAF MODELING AND SIMULATION10,44810,448
1650207605FWARGAMING AND SIMULATION CENTERS5,5125,512
1660207697FDISTRIBUTED TRAINING AND EXERCISES3,3013,301
1670208006FMISSION PLANNING SYSTEMS62,60562,605
1690208059FCYBER COMMAND ACTIVITIES68,09968,099
1700208087FAF OFFENSIVE CYBERSPACE OPERATIONS14,04714,047
1710208088FAF DEFENSIVE CYBERSPACE OPERATIONS5,8535,853
1790301400FSPACE SUPERIORITY INTELLIGENCE12,19712,197
1800302015FE–4B NATIONAL AIRBORNE OPERATIONS CENTER
(NAOC)18,26718,267
1810303131FMINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK
(MEECN)36,28836,288
1820303140FINFORMATION SYSTEMS SECURITY PROGRAM90,23190,231
1830303141FGLOBAL COMBAT SUPPORT SYSTEM725725
1850303601FMILSATCOM TERMINALS140,170140,170
1870304260FAIRBORNE SIGINT ENTERPRISE117,110117,110
1900305099FGLOBAL AIR TRAFFIC MANAGEMENT (GATM)4,4304,430
1910305103FCYBER SECURITY INITIATIVE2,0482,048
1920305105FDOD CYBER CRIME CENTER288288
1930305110FSATELLITE CONTROL NETWORK (SPACE)35,69835,698
1940305111FWEATHER SERVICE24,66724,667
1950305114FAIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM
(ATCALS)35,67435,674
1960305116FAERIAL TARGETS21,18621,186
1990305128FSECURITY AND INVESTIGATIVE
ACTIVITIES195195
2000305145FARMS CONTROL IMPLEMENTATION1,4301,430
2010305146FDEFENSE JOINT COUNTERINTELLIGENCE
ACTIVITIES330330
2060305173FSPACE AND MISSILE TEST AND EVALUATION
CENTER3,6963,696
2070305174FSPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY
DEVELOPMENT2,4692,469
2080305179FINTEGRATED BROADCAST SERVICE (IBS)8,2898,289
2090305182FSPACELIFT RANGE SYSTEM (SPACE)13,34513,345
2110305202FDRAGON U–218,70018,700
2120305205FENDURANCE UNMANNED AERIAL VEHICLES3,0003,000
2130305206FAIRBORNE RECONNAISSANCE SYSTEMS37,82837,828
2140305207FMANNED RECONNAISSANCE SYSTEMS13,49113,491
2150305208FDISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS7,4987,498
2160305219FMQ–1 PREDATOR A UAV3,3263,326
2170305220FRQ–4 UAV134,406134,406
2180305221FNETWORK-CENTRIC COLLABORATIVE
TARGETING7,4137,413
2190305236FCOMMON DATA LINK (CDL)40,50340,503
2200305238FNATO AGS264,134264,134
2210305240FSUPPORT TO DCGS ENTERPRISE23,01623,016
2220305265FGPS III SPACE SEGMENT221,276221,276
2230305614FJSPOC MISSION SYSTEM58,52358,523
2240305881FRAPID CYBER ACQUISITION2,2182,218
2260305913FNUDET DETECTION SYSTEM (SPACE)50,54750,547
2270305940FSPACE SITUATION AWARENESS OPERATIONS18,80718,807
2290308699FSHARED EARLY WARNING (SEW)1,0791,079
2300401115FC–130 AIRLIFT SQUADRON40026,400
C–130H Propulsion
System Propeller Upgrades[26,000]
2310401119FC–5 AIRLIFT SQUADRONS (IF)61,49261,492
2320401130FC–17 AIRCRAFT (IF)109,134109,134
2330401132FC–130J PROGRAM22,44322,443
2340401134FLARGE AIRCRAFT IR COUNTERMEASURES
(LAIRCM)4,1164,116
2380401314FOPERATIONAL SUPPORT AIRLIFT44,55344,553
2390408011FSPECIAL TACTICS / COMBAT CONTROL6,2136,213
2400702207FDEPOT MAINTENANCE (NON-IF)1,6051,605
2420708610FLOGISTICS INFORMATION TECHNOLOGY
(LOGIT)95,23895,238
2430708611FSUPPORT SYSTEMS DEVELOPMENT10,92510,925
2440804743FOTHER FLIGHT TRAINING1,3471,347
2450808716FOTHER PERSONNEL ACTIVITIES6565
2460901202FJOINT PERSONNEL RECOVERY AGENCY1,0831,083
2470901218FCIVILIAN COMPENSATION PROGRAM1,5771,577
2480901220FPERSONNEL ADMINISTRATION5,9905,990
2490901226FAIR FORCE STUDIES AND ANALYSIS
AGENCY786786
2500901279FFACILITIES OPERATION—ADMINISTRATIVE654654
2510901538FFINANCIAL MANAGEMENT INFORMATION SYSTEMS
DEVELOPMENT135,735135,735
252A9999999999CLASSIFIED PROGRAMS11,874,52811,894,528
Program
Increase[20,000]
SUBTOTAL
OPERATIONAL SYSTEMS DEVELOPMENT16,297,54216,343,542
TOTAL
RESEARCH, DEVELOPMENT, TEST & EVAL, AF25,702,94625,778,946
RESEARCH,
DEVELOPMENT, TEST & EVAL, DW
BASIC
RESEARCH
0010601000BRDTRA BASIC RESEARCH
INITIATIVE45,83745,837
0020601101EDEFENSE RESEARCH SCIENCES315,033315,033
0030601110D8ZBASIC RESEARCH INITIATIVES11,17111,171
0040601117EBASIC OPERATIONAL MEDICAL RESEARCH
SCIENCE49,50049,500
0050601120D8ZNATIONAL DEFENSE EDUCATION PROGRAM84,27189,271
Restore PK–12
funding[5,000]
0060601228D8ZHISTORICALLY BLACK COLLEGES AND
UNIVERSITIES/MINORITY INSTITUTIONS30,89535,895
Program
increase[5,000]
0070601384BPCHEMICAL AND BIOLOGICAL DEFENSE
PROGRAM51,42651,426
SUBTOTAL
BASIC RESEARCH588,133598,133
APPLIED
RESEARCH
0080602000D8ZJOINT MUNITIONS TECHNOLOGY20,06513,565
Decrease to
insensitive munitions program[–6,500]
0090602115EBIOMEDICAL TECHNOLOGY114,790114,790
0110602234D8ZLINCOLN LABORATORY RESEARCH PROGRAM46,87546,875
0130602251D8ZAPPLIED RESEARCH FOR THE ADVANCEMENT OF S&T
PRIORITIES45,00045,000
0140602303EINFORMATION & COMMUNICATIONS
TECHNOLOGY413,260413,260
0150602304ECOGNITIVE COMPUTING SYSTEMS16,33016,330
0170602383EBIOLOGICAL WARFARE DEFENSE24,53724,537
0180602384BPCHEMICAL AND BIOLOGICAL DEFENSE
PROGRAM227,065217,065
Program
decrease[–10,000]
0200602668D8ZCYBER SECURITY RESEARCH18,90818,908
0220602702ETACTICAL TECHNOLOGY225,977225,977
0230602715EMATERIALS AND BIOLOGICAL TECHNOLOGY166,654166,654
0240602716EELECTRONICS TECHNOLOGY243,469243,469
0250602718BRWEAPONS OF MASS DESTRUCTION DEFEAT
TECHNOLOGIES175,282175,282
0260602751D8ZSOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED
RESEARCH11,10711,107
0271160401BBSPECIAL OPERATIONS TECHNOLOGY
DEVELOPMENT29,24629,246
SUBTOTAL
APPLIED RESEARCH1,778,5651,762,065
ADVANCED TECHNOLOGY
DEVELOPMENT
0280603000D8ZJOINT MUNITIONS ADVANCED TECHNOLOGY26,64626,646
0290603121D8ZSO/LIC ADVANCED DEVELOPMENT19,42019,920
Program increase
for future information operations strategy[500]
0300603122D8ZCOMBATING TERRORISM TECHNOLOGY
SUPPORT77,79277,792
0310603160BRCOUNTERPROLIFERATION
INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT274,033274,033
0320603175CBALLISTIC MISSILE DEFENSE TECHNOLOGY309,203239,203
Decrease in funding
of Common Kill Vehicle Technology Program[–70,000]
0340603225D8ZJOINT DOD-DOE MUNITIONS TECHNOLOGY
DEVELOPMENT19,30519,305
0350603264SAGILE TRANSPORTATION FOR THE 21ST CENTURY
(AT21)—THEATER CAPABILITY7,5657,565
0360603274CSPECIAL PROGRAM—MDA TECHNOLOGY40,42640,426
0370603286EADVANCED AEROSPACE SYSTEMS149,804149,804
0380603287ESPACE PROGRAMS AND TECHNOLOGY172,546172,546
0390603384BPCHEMICAL AND BIOLOGICAL DEFENSE
PROGRAM—ADVANCED DEVELOPMENT170,847170,847
0400603618D8ZJOINT ELECTRONIC ADVANCED TECHNOLOGY9,0099,009
0410603648D8ZJOINT CAPABILITY TECHNOLOGY
DEMONSTRATIONS174,428167,428
Decrease to
Strategic Capabilities Office efforts[–7,000]
0420603662D8ZNETWORKED COMMUNICATIONS
CAPABILITIES20,00020,000
0450603668D8ZCYBER SECURITY ADVANCED RESEARCH19,66819,668
0470603680D8ZDEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY
PROGRAM34,04134,041
0480603699D8ZEMERGING CAPABILITIES TECHNOLOGY
DEVELOPMENT61,97153,971
Decrease to
Strategic Capabilities Office efforts[–8,000]
0500603712SGENERIC LOGISTICS R&D TECHNOLOGY
DEMONSTRATIONS20,00020,000
0510603713SDEPLOYMENT AND DISTRIBUTION ENTERPRISE
TECHNOLOGY30,25630,256
0520603716D8ZSTRATEGIC ENVIRONMENTAL RESEARCH
PROGRAM72,32472,324
0530603720SMICROELECTRONICS TECHNOLOGY DEVELOPMENT AND
SUPPORT82,70082,700
0540603727D8ZJOINT WARFIGHTING PROGRAM8,4318,431
0550603739EADVANCED ELECTRONICS TECHNOLOGIES117,080117,080
0570603760ECOMMAND, CONTROL AND COMMUNICATIONS
SYSTEMS239,078239,078
0590603766ENETWORK-CENTRIC WARFARE TECHNOLOGY259,006259,006
0600603767ESENSOR TECHNOLOGY286,364286,364
0610603769SEDISTRIBUTED LEARNING ADVANCED
TECHNOLOGY DEVELOPMENT12,11612,116
0620603781D8ZSOFTWARE ENGINEERING INSTITUTE19,00819,008
0630603826D8ZQUICK REACTION SPECIAL PROJECTS78,53278,532
0650603828JJOINT EXPERIMENTATION12,66712,667
0660603832D8ZDOD MODELING AND SIMULATION MANAGEMENT
OFFICE41,37041,370
0690603941D8ZTEST & EVALUATION SCIENCE &
TECHNOLOGY92,50892,508
0700604055D8ZOPERATIONAL ENERGY CAPABILITY
IMPROVEMENT52,00160,001
Operational Energy
Capability Improvement Fund[8,000]
0710303310D8ZCWMD SYSTEMS52,05352,053
0721160402BBSPECIAL OPERATIONS ADVANCED
TECHNOLOGY DEVELOPMENT46,80946,809
SUBTOTAL
ADVANCED TECHNOLOGY DEVELOPMENT3,109,0073,032,507
ADVANCED COMPONENT
DEVELOPMENT AND PROTOTYPES
0750603161D8ZNUCLEAR AND CONVENTIONAL PHYSICAL SECURITY
EQUIPMENT RDT&E ADC&P63,64163,641
0760603527D8ZRETRACT LARCH19,15219,152
0770603600D8ZWALKOFF70,76370,763
0790603714D8ZADVANCED SENSORS APPLICATION PROGRAM17,23017,230
0800603851D8ZENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION
PROGRAM71,45371,453
0810603881CBALLISTIC MISSILE DEFENSE TERMINAL DEFENSE
SEGMENT268,990268,990
0820603882CBALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE
SEGMENT1,033,9031,174,303
Planning and Design
(35% to 100% design)[50,000]
RDT&E Ground
Systems Development[70,000]
RDT&E Site
Activities, including EIS[20,400]
082A0603XXXCCOMMON KILL VEHICLE TECHNOLOGY AND CAPABILITY
DEVELOPMENT PROGRAM070,000
Common Kill Vehicle
Technology Program[70,000]
0830603884BPCHEMICAL AND BIOLOGICAL DEFENSE
PROGRAM—DEM/VAL196,237196,237
0840603884CBALLISTIC MISSILE DEFENSE SENSORS315,183315,183
0860603890CBMD ENABLING PROGRAMS377,605377,605
0870603891CSPECIAL PROGRAMS—MDA286,613286,613
0880603892CAEGIS BMD937,056937,056
0890603893CSPACE TRACKING & SURVEILLANCE
SYSTEM44,94744,947
0900603895CBALLISTIC MISSILE DEFENSE SYSTEM SPACE
PROGRAMS6,5156,515
0910603896CBALLISTIC MISSILE DEFENSE COMMAND AND CONTROL,
BATTLE MANAGEMENT AND COMMUNICATI418,355418,355
0920603898CBALLISTIC MISSILE DEFENSE JOINT WARFIGHTER
SUPPORT47,41947,419
0930603904CMISSILE DEFENSE INTEGRATION & OPERATIONS
CENTER (MDIOC)52,13152,131
0940603906CREGARDING TRENCH13,86413,864
0950603907CSEA BASED X-BAND RADAR (SBX)44,47844,478
0960603913CISRAELI COOPERATIVE PROGRAMS95,782283,782
Development of
increased capabilities for Iron Dome[15,000]
Increase Israeli
Cooperative Programs[173,000]
0970603914CBALLISTIC MISSILE DEFENSE TEST375,866375,866
0980603915CBALLISTIC MISSILE DEFENSE TARGETS495,257495,257
0990603920D8ZHUMANITARIAN DEMINING11,70411,704
1000603923D8ZCOALITION WARFARE9,8429,842
1010604016D8ZDEPARTMENT OF DEFENSE CORROSION
PROGRAM3,31213,312
Corrosion
Prevention, Control, and Mitigation[10,000]
1020604250D8ZADVANCED INNOVATIVE TECHNOLOGIES130,00025,000
Decrease to SCO
efforts[–105,000]
1030604400D8ZDEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT
SYSTEM (UAS) COMMON DEVELOPMENT8,3008,300
1040604445JWIDE AREA SURVEILLANCE30,00030,000
1060604775D8ZDEFENSE RAPID INNOVATION PROGRAM0250,000
Rapid Innovation
Program[250,000]
1080604787JJOINT SYSTEMS INTEGRATION7,4027,402
1100604828JJOINT FIRES INTEGRATION AND INTEROPERABILITY
TEAM7,5067,506
1110604880CLAND-BASED SM–3 (LBSM3)129,374129,374
1120604881CAEGIS SM–3 BLOCK IIA CO-DEVELOPMENT308,522308,522
1150303191D8ZJOINT ELECTROMAGNETIC TECHNOLOGY (JET)
PROGRAM3,1693,169
1160305103CCYBER SECURITY INITIATIVE946946
SUBTOTAL
ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES5,902,5176,455,917
SYSTEM DEVELOPMENT
AND DEMONSTRATION
1180604161D8ZNUCLEAR AND CONVENTIONAL PHYSICAL SECURITY
EQUIPMENT RDT&E SDD8,1558,155
1190604165D8ZPROMPT GLOBAL STRIKE CAPABILITY
DEVELOPMENT65,44065,440
1200604384BPCHEMICAL AND BIOLOGICAL DEFENSE
PROGRAM—EMD451,306451,306
1220604764KADVANCED IT SERVICES JOINT PROGRAM OFFICE
(AITS-JPO)29,13829,138
1230604771D8ZJOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM
(JTIDS)19,47519,475
1240605000BRWEAPONS OF MASS DESTRUCTION DEFEAT
CAPABILITIES12,90112,901
1250605013BLINFORMATION TECHNOLOGY
DEVELOPMENT13,81213,812
1260605021SEHOMELAND PERSONNEL SECURITY
INITIATIVE386386
1270605022D8ZDEFENSE EXPORTABILITY PROGRAM3,7633,763
1280605027D8ZOUSD(C) IT DEVELOPMENT INITIATIVES6,7886,788
1290605070SDOD ENTERPRISE SYSTEMS DEVELOPMENT AND
DEMONSTRATION27,91727,917
1300605075D8ZDCMO POLICY AND INTEGRATION22,29722,297
1310605080SDEFENSE AGENCY INTIATIVES (DAI)—FINANCIAL
SYSTEM51,68951,689
1320605210D8ZDEFENSE-WIDE ELECTRONIC PROCUREMENT
CAPABILITIES6,1846,184
1330303141KGLOBAL COMBAT SUPPORT SYSTEM12,08312,083
1340305304D8ZDOD ENTERPRISE ENERGY INFORMATION MANAGEMENT
(EEIM)3,3023,302
SUBTOTAL
SYSTEM DEVELOPMENT AND DEMONSTRATION734,636734,636
MANAGEMENT
SUPPORT
1350604774D8ZDEFENSE READINESS REPORTING SYSTEM
(DRRS)6,3936,393
1360604875D8ZJOINT SYSTEMS ARCHITECTURE
DEVELOPMENT2,4792,479
1370604940D8ZCENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT
(CTEIP)240,213240,213
1380604942D8ZASSESSMENTS AND EVALUATIONS2,1272,127
1390604943D8ZTHERMAL VICAR8,2878,287
1400605100D8ZJOINT MISSION ENVIRONMENT TEST CAPABILITY
(JMETC)31,00031,000
1410605104D8ZTECHNICAL STUDIES, SUPPORT AND
ANALYSIS24,37924,379
1430605117D8ZFOREIGN MATERIEL ACQUISITION AND
EXPLOITATION54,31154,311
1440605126JJOINT INTEGRATED AIR AND MISSILE DEFENSE
ORGANIZATION (JIAMDO)47,46247,462
1460605130D8ZFOREIGN COMPARATIVE TESTING12,13412,134
1470605142D8ZSYSTEMS ENGINEERING44,23744,237
1480605151D8ZSTUDIES AND ANALYSIS SUPPORT—OSD5,8715,871
1490605161D8ZNUCLEAR MATTERS-PHYSICAL SECURITY5,0285,028
1500605170D8ZSUPPORT TO NETWORKS AND INFORMATION
INTEGRATION6,3016,301
1510605200D8ZGENERAL SUPPORT TO USD
(INTELLIGENCE)6,5046,504
1520605384BPCHEMICAL AND BIOLOGICAL DEFENSE
PROGRAM92,04692,046
1580605790D8ZSMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL
BUSINESS TECHNOLOGY TRANSFER (S1,8681,868
1590605798D8ZDEFENSE TECHNOLOGY ANALYSIS8,3628,362
1600605801KADEFENSE TECHNICAL INFORMATION CENTER
(DTIC)56,02456,024
1610605803SER&D IN SUPPORT OF DOD ENLISTMENT,
TESTING AND EVALUATION6,9086,908
1620605804D8ZDEVELOPMENT TEST AND EVALUATION15,45119,451
Program
increase[4,000]
1640605898EMANAGEMENT HQ—R&D71,65971,659
1650606100D8ZBUDGET AND PROGRAM ASSESSMENTS4,0834,083
1670203345D8ZDEFENSE OPERATIONS SECURITY INITIATIVE
(DOSI)5,3065,306
1680204571JJOINT STAFF ANALYTICAL SUPPORT2,0972,097
1720303166JSUPPORT TO INFORMATION OPERATIONS (IO)
CAPABILITIES8,3948,394
1750305193D8ZCYBER INTELLIGENCE7,6247,624
1780804767D8ZCOCOM EXERCISE ENGAGEMENT AND TRAINING
TRANSFORMATION (CE2T2)43,24743,247
1790901598CMANAGEMENT HQ—MDA37,71237,712
1800901598D8WMANAGEMENT HEADQUARTERS WHS607607
181A9999999999CLASSIFIED PROGRAMS54,91454,914
SUBTOTAL
MANAGEMENT SUPPORT913,028917,028
OPERATIONAL SYSTEM
DEVELOPMENT
1820604130VENTERPRISE SECURITY SYSTEM (ESS)7,5527,552
1830605127TREGIONAL INTERNATIONAL OUTREACH (RIO) AND
PARTNERSHIP FOR PEACE INFORMATION MANA3,2703,270
1840605147TOVERSEAS HUMANITARIAN ASSISTANCE SHARED
INFORMATION SYSTEM (OHASIS)287287
1850607210D8ZINDUSTRIAL BASE ANALYSIS AND SUSTAINMENT
SUPPORT14,00014,000
1860607310D8ZOPERATIONAL SYSTEMS DEVELOPMENT1,9551,955
1870607327TGLOBAL THEATER SECURITY COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS)13,25013,250
1880607384BPCHEMICAL AND BIOLOGICAL DEFENSE
(OPERATIONAL SYSTEMS DEVELOPMENT)13,02613,026
1900607828JJOINT INTEGRATION AND
INTEROPERABILITY12,65212,652
1910208043JPLANNING AND DECISION AID SYSTEM
(PDAS)3,0613,061
1920208045KC4I INTEROPERABILITY72,72672,726
1940301144KJOINT/ALLIED COALITION INFORMATION
SHARING6,5246,524
2010302016KNATIONAL MILITARY COMMAND SYSTEM-WIDE
SUPPORT512512
2020302019KDEFENSE INFO INFRASTRUCTURE ENGINEERING AND
INTEGRATION12,86712,867
2030303126KLONG-HAUL COMMUNICATIONS—DCS36,56536,565
2040303131KMINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK
(MEECN)13,14413,144
2050303135GPUBLIC KEY INFRASTRUCTURE (PKI)1,0601,060
2060303136GKEY MANAGEMENT INFRASTRUCTURE (KMI)33,27933,279
2070303140D8ZINFORMATION SYSTEMS SECURITY PROGRAM10,67310,673
2080303140GINFORMATION SYSTEMS SECURITY PROGRAM181,567179,291
Excess to
need[–2,276]
2100303150KGLOBAL COMMAND AND CONTROL SYSTEM34,28834,288
2110303153KDEFENSE SPECTRUM ORGANIZATION7,7417,741
2120303170KNET-CENTRIC ENTERPRISE SERVICES
(NCES)3,3253,325
2130303260D8ZDEFENSE MILITARY DECEPTION PROGRAM OFFICE
(DMDPO)1,2461,246
2140303610KTELEPORT PROGRAM5,1475,147
2160304210BBSPECIAL APPLICATIONS FOR
CONTINGENCIES17,35217,352
2200305103KCYBER SECURITY INITIATIVE3,6583,658
2210305125D8ZCRITICAL INFRASTRUCTURE PROTECTION
(CIP)9,7529,752
2250305186D8ZPOLICY R&D PROGRAMS3,2103,210
2270305199D8ZNET CENTRICITY21,60221,602
2300305208BBDISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS5,1955,195
2330305208KDISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS3,3483,348
2350305219BBMQ–1 PREDATOR A UAV641641
2380305387D8ZHOMELAND DEFENSE TECHNOLOGY TRANSFER
PROGRAM2,3382,338
2390305600D8ZINTERNATIONAL INTELLIGENCE TECHNOLOGY AND
ARCHITECTURES4,3724,372
2470708011SINDUSTRIAL PREPAREDNESS24,69124,691
2480708012SLOGISTICS SUPPORT ACTIVITIES4,6594,659
2490902298JMANAGEMENT HQ—OJCS3,5333,533
2501105219BBMQ–9 UAV1,3141,314
2541160403BBAVIATION SYSTEMS156,561156,561
2561160405BBSPECIAL OPERATIONS INTELLIGENCE
SYSTEMS DEVELOPMENT7,7057,705
2571160408BBSOF OPERATIONAL
ENHANCEMENTS42,62042,620
2611160431BBWARRIOR SYSTEMS17,97017,970
2621160432BBSPECIAL PROGRAMS7,4247,424
2681160480BBSOF TACTICAL VEHICLES2,2062,206
2711160483BBMARITIME SYSTEMS18,32518,325
2741160489BBSOF GLOBAL VIDEO SURVEILLANCE
ACTIVITIES3,3043,304
2751160490BBSOF OPERATIONAL ENHANCEMENTS
INTELLIGENCE16,02116,021
275A9999999999CLASSIFIED PROGRAMS3,773,7043,773,704
SUBTOTAL
OPERATIONAL SYSTEM DEVELOPMENT4,641,2224,638,946
TOTAL
RESEARCH, DEVELOPMENT, TEST & EVAL, DW17,667,10818,139,232
OPERATIONAL TEST
& EVAL, DEFENSE
MANAGEMENT
SUPPORT
0010605118OTEOPERATIONAL TEST AND EVALUATION75,72075,720
0020605131OTELIVE FIRE TEST AND EVALUATION48,42348,423
0030605814OTEOPERATIONAL TEST ACTIVITIES AND
ANALYSES62,15762,157
SUBTOTAL
MANAGEMENT SUPPORT186,300186,300
TOTAL
OPERATIONAL TEST & EVAL, DEFENSE186,300186,300
TOTAL
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION67,520,23668,079,460
4202.
Research, development,
test, and evaluation for overseas contingency operations
SEC. 4202. RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS(In
Thousands of Dollars)
LineProgramElementItemFY 2014
RequestHouse Authorized
RESEARCH,
DEVELOPMENT, TEST & EVAL, ARMY
SYSTEM DEVELOPMENT
& DEMONSTRATION
0870604622AFAMILY OF HEAVY TACTICAL VEHICLES7,0007,000
SUBTOTAL
SYSTEM DEVELOPMENT & DEMONSTRATION7,0007,000
TOTAL
RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY7,0007,000
RESEARCH,
DEVELOPMENT, TEST & EVAL, NAVY
OPERATIONAL SYSTEMS
DEVELOPMENT
224A9999999999CLASSIFIED PROGRAMS34,42634,426
SUBTOTAL
OPERATIONAL SYSTEMS DEVELOPMENT34,42634,426
TOTAL
RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY34,42634,426
RESEARCH,
DEVELOPMENT, TEST & EVAL, AF
OPERATIONAL SYSTEMS
DEVELOPMENT
252A9999999999CLASSIFIED PROGRAMS9,0009,000
SUBTOTAL
OPERATIONAL SYSTEMS DEVELOPMENT9,0009,000
TOTAL
RESEARCH, DEVELOPMENT, TEST & EVAL, AF9,0009,000
RESEARCH,
DEVELOPMENT, TEST & EVAL, DW
OPERATIONAL SYSTEM
DEVELOPMENT
275A9999999999CLASSIFIED PROGRAMS66,20866,208
SUBTOTAL
OPERATIONAL SYSTEM DEVELOPMENT66,20866,208
TOTAL
RESEARCH, DEVELOPMENT, TEST & EVAL, DW66,20866,208
TOTAL
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION116,634116,634
XLIII
OPERATION AND
MAINTENANCE
4301.
Operation and
maintenance
SEC. 4301. OPERATION AND
MAINTENANCE(In Thousands of Dollars)
LineItemFY
2014 RequestHouse Authorized
OPERATION & MAINTENANCE,
ARMY
OPERATING FORCES
010MANEUVER UNITS888,1141,096,714
Missile Defense Deployment to
Guam[13,100]
Restore Army OPTEMPO to
90%[195,500]
020MODULAR SUPPORT BRIGADES72,62472,624
030ECHELONS ABOVE BRIGADE617,402617,402
040THEATER LEVEL ASSETS602,262602,262
050LAND FORCES OPERATIONS SUPPORT1,032,4841,032,484
060AVIATION ASSETS1,287,4621,303,262
Restore Army Flying Hour Program to
90%[15,800]
070FORCE READINESS OPERATIONS SUPPORT3,559,6563,559,656
080LAND FORCES SYSTEMS READINESS454,477454,477
090LAND FORCES DEPOT MAINTENANCE1,481,1561,481,156
100BASE OPERATIONS SUPPORT7,278,1547,278,154
110FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION2,754,7123,011,712
Realignment of Arlington National
Cemetary operations[–25,000]
Sustainment to 90%[282,000]
120MANAGEMENT AND OPERATIONAL HQ'S425,271425,271
130COMBATANT COMMANDERS CORE OPERATIONS185,064185,064
170COMBATANT COMMANDERS ANCILLARY MISSIONS463,270456,594
Realignment of SOUTHCOM Information
Operations[3,100]
Unjustified EUCOM
Growth[–9,776]
SUBTOTAL OPERATING
FORCES21,102,10821,576,832
MOBILIZATION
180STRATEGIC MOBILITY360,240360,240
190ARMY PREPOSITIONING STOCKS192,105192,105
200INDUSTRIAL PREPAREDNESS7,1017,101
SUBTOTAL
MOBILIZATION559,446559,446
TRAINING AND
RECRUITING
210OFFICER ACQUISITION115,992115,992
220RECRUIT TRAINING52,32352,323
230ONE STATION UNIT TRAINING43,58943,589
240SENIOR RESERVE OFFICERS TRAINING CORPS453,745453,745
250SPECIALIZED SKILL TRAINING1,034,4951,034,495
260FLIGHT TRAINING1,016,8761,016,876
270PROFESSIONAL DEVELOPMENT EDUCATION186,565186,565
280TRAINING SUPPORT652,514652,514
290RECRUITING AND ADVERTISING485,500485,500
300EXAMINING170,912170,912
310OFF-DUTY AND VOLUNTARY EDUCATION251,523251,523
320CIVILIAN EDUCATION AND TRAINING184,422184,422
330JUNIOR ROTC181,105181,105
SUBTOTAL TRAINING AND
RECRUITING4,829,5614,829,561
ADMIN & SRVWIDE
ACTIVITIES
350SERVICEWIDE TRANSPORTATION690,089690,089
360CENTRAL SUPPLY ACTIVITIES774,120779,120
Corrosion Prevention, Control, and
Mitigation[5,000]
370LOGISTIC SUPPORT ACTIVITIES651,765651,765
380AMMUNITION MANAGEMENT453,051453,051
390ADMINISTRATION487,737487,737
400SERVICEWIDE COMMUNICATIONS1,563,1151,563,115
410MANPOWER MANAGEMENT326,853326,853
420OTHER PERSONNEL SUPPORT234,364234,364
430OTHER SERVICE SUPPORT1,212,0911,212,091
440ARMY CLAIMS ACTIVITIES243,540243,540
450REAL ESTATE MANAGEMENT241,101241,101
460BASE OPERATIONS SUPPORT226,291226,291
470SUPPORT OF NATO OPERATIONS426,651457,851
Realignment of NATO Special
Operations Headquarters from O&M Defense-wide[31,200]
480MISC. SUPPORT OF OTHER NATIONS27,24824,148
Realignment of SOUTHCOM Information
Operations[–3,100]
525CLASSIFIED PROGRAMS1,023,9461,023,946
SUBTOTAL ADMIN & SRVWIDE
ACTIVITIES8,581,9628,615,062
UNDISTRIBUTED
530UNDISTRIBUTED0–740,300
Average civilian end strength above
projection[–284,300]
Unobligated balances[–456,000]
SUBTOTAL
UNDISTRIBUTED0–740,300
TOTAL OPERATION &
MAINTENANCE, ARMY35,073,07734,840,601
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010MANEUVER UNITS1,6211,621
020MODULAR SUPPORT BRIGADES24,42924,429
030ECHELONS ABOVE BRIGADE657,099657,099
040THEATER LEVEL ASSETS122,485122,485
050LAND FORCES OPERATIONS SUPPORT584,058584,058
060AVIATION ASSETS79,38079,380
070FORCE READINESS OPERATIONS SUPPORT471,616471,616
080LAND FORCES SYSTEMS READINESS74,24374,243
090LAND FORCES DEPOT MAINTENANCE70,89470,894
100BASE OPERATIONS SUPPORT569,801569,801
110FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION294,145323,245
Sustainment to 90%[29,100]
120MANAGEMENT AND OPERATIONAL HQ'S51,85351,853
SUBTOTAL OPERATING
FORCES3,001,6243,030,724
ADMIN & SRVWD
ACTIVITIES
130SERVICEWIDE TRANSPORTATION10,73510,735
140ADMINISTRATION24,19724,197
150SERVICEWIDE COMMUNICATIONS10,30410,304
160MANPOWER MANAGEMENT10,31910,319
170RECRUITING AND ADVERTISING37,85737,857
SUBTOTAL ADMIN & SRVWD
ACTIVITIES93,41293,412
TOTAL OPERATION &
MAINTENANCE, ARMY RES3,095,0363,124,136
OPERATION & MAINTENANCE,
ARNG
OPERATING FORCES
010MANEUVER UNITS800,880800,880
020MODULAR SUPPORT BRIGADES178,650178,650
030ECHELONS ABOVE BRIGADE771,503771,503
040THEATER LEVEL ASSETS98,69998,699
050LAND FORCES OPERATIONS SUPPORT38,77938,779
060AVIATION ASSETS922,503922,503
070FORCE READINESS OPERATIONS SUPPORT761,056761,056
080LAND FORCES SYSTEMS READINESS62,97162,971
090LAND FORCES DEPOT MAINTENANCE233,105233,105
100BASE OPERATIONS SUPPORT1,019,0591,019,059
110FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION712,139786,339
Sustainment to 90%[74,200]
120MANAGEMENT AND OPERATIONAL HQ'S1,013,7151,013,715
SUBTOTAL OPERATING
FORCES6,613,0596,687,259
ADMIN & SRVWD
ACTIVITIES
130SERVICEWIDE TRANSPORTATION10,81210,812
140REAL ESTATE MANAGEMENT1,5511,551
150ADMINISTRATION78,28478,284
160SERVICEWIDE COMMUNICATIONS46,99546,995
170MANPOWER MANAGEMENT6,3906,390
180RECRUITING AND ADVERTISING297,105297,105
SUBTOTAL ADMIN & SRVWD
ACTIVITIES441,137441,137
TOTAL OPERATION &
MAINTENANCE, ARNG7,054,1967,128,396
OPERATION & MAINTENANCE,
NAVY
OPERATING FORCES
010MISSION AND OTHER FLIGHT OPERATIONS4,952,5224,952,522
020FLEET AIR TRAINING1,826,4041,826,404
030AVIATION TECHNICAL DATA & ENGINEERING SERVICES38,63938,639
040AIR OPERATIONS AND SAFETY SUPPORT90,03090,030
050AIR SYSTEMS SUPPORT362,700362,700
060AIRCRAFT DEPOT MAINTENANCE915,881915,881
070AIRCRAFT DEPOT OPERATIONS SUPPORT35,83835,838
080AVIATION LOGISTICS379,914448,414
CLS for AVN Logistics[68,500]
090MISSION AND OTHER SHIP OPERATIONS3,884,8363,884,836
100SHIP OPERATIONS SUPPORT & TRAINING734,852734,852
110SHIP DEPOT MAINTENANCE5,191,5115,191,511
120SHIP DEPOT OPERATIONS SUPPORT1,351,2741,351,274
130COMBAT COMMUNICATIONS701,316691,722
New START treaty implementation,
excluding verification and inspection activities[–9,594]
140ELECTRONIC WARFARE97,71097,710
150SPACE SYSTEMS AND SURVEILLANCE172,330172,330
160WARFARE TACTICS454,682454,682
170OPERATIONAL METEOROLOGY AND OCEANOGRAPHY328,406328,406
180COMBAT SUPPORT FORCES946,429946,429
190EQUIPMENT MAINTENANCE142,249148,249
Corrosion Prevention, Control, and
Mitigation[6,000]
200DEPOT OPERATIONS SUPPORT2,6032,603
210COMBATANT COMMANDERS CORE OPERATIONS102,970102,970
220COMBATANT COMMANDERS DIRECT MISSION SUPPORT199,128199,128
230CRUISE MISSILE92,67192,671
240FLEET BALLISTIC MISSILE1,193,1881,193,188
250IN-SERVICE WEAPONS SYSTEMS SUPPORT105,985105,985
260WEAPONS MAINTENANCE532,627532,627
270OTHER WEAPON SYSTEMS SUPPORT304,160304,160
280ENTERPRISE INFORMATION1,011,5281,011,528
290SUSTAINMENT, RESTORATION AND MODERNIZATION1,996,8212,182,021
Sustainment to 90%[185,200]
300BASE OPERATING SUPPORT4,460,9184,460,918
SUBTOTAL OPERATING
FORCES32,610,12232,860,228
MOBILIZATION
310SHIP PREPOSITIONING AND SURGE331,576331,576
320AIRCRAFT ACTIVATIONS/INACTIVATIONS6,6386,638
330SHIP ACTIVATIONS/INACTIVATIONS222,752222,752
340EXPEDITIONARY HEALTH SERVICES SYSTEMS73,31073,310
350INDUSTRIAL READINESS2,6752,675
360COAST GUARD SUPPORT23,79423,794
SUBTOTAL
MOBILIZATION660,745660,745
TRAINING AND
RECRUITING
370OFFICER ACQUISITION148,516148,516
380RECRUIT TRAINING9,3849,384
390RESERVE OFFICERS TRAINING CORPS139,876139,876
400SPECIALIZED SKILL TRAINING630,069630,069
410FLIGHT TRAINING9,2949,294
420PROFESSIONAL DEVELOPMENT EDUCATION169,082169,082
430TRAINING SUPPORT164,368164,368
440RECRUITING AND ADVERTISING241,733242,833
Naval Sea Cadets[1,100]
450OFF-DUTY AND VOLUNTARY EDUCATION139,815139,815
460CIVILIAN EDUCATION AND TRAINING94,63294,632
470JUNIOR ROTC51,37351,373
SUBTOTAL TRAINING AND
RECRUITING1,798,1421,799,242
ADMIN & SRVWD
ACTIVITIES
480ADMINISTRATION886,088886,088
490EXTERNAL RELATIONS13,13113,131
500CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT115,742115,742
510MILITARY MANPOWER AND PERSONNEL MANAGEMENT382,150382,150
520OTHER PERSONNEL SUPPORT268,403268,403
530SERVICEWIDE COMMUNICATIONS317,293317,293
550SERVICEWIDE TRANSPORTATION207,128207,128
570PLANNING, ENGINEERING AND DESIGN295,855295,855
580ACQUISITION AND PROGRAM MANAGEMENT1,140,4841,140,484
590HULL, MECHANICAL AND ELECTRICAL SUPPORT52,87352,873
600COMBAT/WEAPONS SYSTEMS27,58727,587
610SPACE AND ELECTRONIC WARFARE SYSTEMS75,72875,728
620NAVAL INVESTIGATIVE SERVICE543,026543,026
680INTERNATIONAL HEADQUARTERS AND AGENCIES4,9654,965
705CLASSIFIED PROGRAMS545,775545,775
SUBTOTAL ADMIN & SRVWD
ACTIVITIES4,876,2284,876,228
UNDISTRIBUTED
710UNDISTRIBUTED0–278,200
Average civilian end strength above
projection[–38,500]
Unobligated balances[–239,700]
SUBTOTAL
UNDISTRIBUTED0–278,200
TOTAL OPERATION &
MAINTENANCE, NAVY39,945,23739,918,243
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010OPERATIONAL FORCES837,012902,012
Crisis Response Force[30,000]
Marine Security Guard[35,000]
020FIELD LOGISTICS894,555898,555
Corrosion Prevention, Control, and
Mitigation[4,000]
030DEPOT MAINTENANCE223,337221,337
Unjustified Growth HUMVEE
Modifications[–2,000]
040MARITIME PREPOSITIONING97,87897,878
050SUSTAINMENT, RESTORATION & MODERNIZATION774,619781,719
Sustainment to 90%[7,100]
060BASE OPERATING SUPPORT2,166,6612,166,661
SUBTOTAL OPERATING
FORCES4,994,0625,068,162
TRAINING AND
RECRUITING
070RECRUIT TRAINING17,69317,693
080OFFICER ACQUISITION896896
090SPECIALIZED SKILL TRAINING100,806100,806
100PROFESSIONAL DEVELOPMENT EDUCATION46,92846,928
110TRAINING SUPPORT356,426356,426
120RECRUITING AND ADVERTISING179,747179,747
130OFF-DUTY AND VOLUNTARY EDUCATION52,25552,255
140JUNIOR ROTC23,13823,138
SUBTOTAL TRAINING AND
RECRUITING777,889777,889
ADMIN & SRVWD
ACTIVITIES
150SERVICEWIDE TRANSPORTATION43,81643,816
160ADMINISTRATION305,107305,107
180ACQUISITION AND PROGRAM MANAGEMENT87,50087,500
185CLASSIFIED PROGRAMS46,27646,276
SUBTOTAL ADMIN & SRVWD
ACTIVITIES482,699482,699
UNDISTRIBUTED
190UNDISTRIBUTED0–50,000
Unobligated balances[–50,000]
SUBTOTAL
UNDISTRIBUTED0–50,000
TOTAL OPERATION &
MAINTENANCE, MARINE CORPS6,254,6506,278,750
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010MISSION AND OTHER FLIGHT OPERATIONS586,620586,620
020INTERMEDIATE MAINTENANCE7,0087,008
040AIRCRAFT DEPOT MAINTENANCE100,657100,657
050AIRCRAFT DEPOT OPERATIONS SUPPORT305305
060AVIATION LOGISTICS3,9273,927
070MISSION AND OTHER SHIP OPERATIONS75,93375,933
080SHIP OPERATIONS SUPPORT & TRAINING601601
090SHIP DEPOT MAINTENANCE44,36444,364
100COMBAT COMMUNICATIONS15,47715,477
110COMBAT SUPPORT FORCES115,608115,608
120WEAPONS MAINTENANCE1,9671,967
130ENTERPRISE INFORMATION43,72643,726
140SUSTAINMENT, RESTORATION AND MODERNIZATION69,01174,011
Sustainment to 90%[5,000]
150BASE OPERATING SUPPORT109,604109,604
SUBTOTAL OPERATING
FORCES1,174,8081,179,808
ADMIN & SRVWD
ACTIVITIES
160ADMINISTRATION2,9052,905
170MILITARY MANPOWER AND PERSONNEL MANAGEMENT14,42514,425
180SERVICEWIDE COMMUNICATIONS2,4852,485
190ACQUISITION AND PROGRAM MANAGEMENT3,1293,129
SUBTOTAL ADMIN & SRVWD
ACTIVITIES22,94422,944
TOTAL OPERATION &
MAINTENANCE, NAVY RES1,197,7521,202,752
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010OPERATING FORCES96,24496,244
020DEPOT MAINTENANCE17,58119,081
Restore Critical Depot
Maintenance[1,500]
030SUSTAINMENT, RESTORATION AND MODERNIZATION32,43832,738
Sustainment to 90%[300]
040BASE OPERATING SUPPORT95,25995,259
SUBTOTAL OPERATING
FORCES241,522243,322
ADMIN & SRVWD
ACTIVITIES
050SERVICEWIDE TRANSPORTATION894894
060ADMINISTRATION11,74311,743
070RECRUITING AND ADVERTISING9,1589,158
SUBTOTAL ADMIN & SRVWD
ACTIVITIES21,79521,795
TOTAL OPERATION &
MAINTENANCE, MC RESERVE263,317265,117
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010PRIMARY COMBAT FORCES3,295,8143,295,814
020COMBAT ENHANCEMENT FORCES1,875,0951,875,095
030AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)1,559,1091,559,109
040DEPOT MAINTENANCE5,956,3045,961,304
Corrosion Prevention, Control, and
Mitigation[5,000]
050FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION1,834,4242,224,454
Restoration, Modernization, and
Demolition project shortfalls[12,000]
Restoration, Modernization, and
Demolition project shortfalls[5,730]
Restoration, Modernization, and
Demolition project shortfalls[152,800]
Sustainment to 90%[219,500]
060BASE SUPPORT2,779,8112,779,811
070GLOBAL C3I AND EARLY WARNING913,841913,841
080OTHER COMBAT OPS SPT PROGRAMS916,837916,837
100TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES720,349720,349
110LAUNCH FACILITIES305,275305,275
120SPACE CONTROL SYSTEMS433,658433,658
130COMBATANT COMMANDERS DIRECT MISSION SUPPORT1,146,0161,147,116
NORTHCOM VOICE program[1,100]
140COMBATANT COMMANDERS CORE OPERATIONS231,830231,830
SUBTOTAL OPERATING
FORCES21,968,36322,364,493
MOBILIZATION
150AIRLIFT OPERATIONS2,015,9022,015,902
160MOBILIZATION PREPAREDNESS147,216147,216
170DEPOT MAINTENANCE1,556,2321,556,232
180FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION167,402167,402
190BASE SUPPORT707,040707,040
SUBTOTAL
MOBILIZATION4,593,7924,593,792
TRAINING AND
RECRUITING
200OFFICER ACQUISITION102,334102,334
210RECRUIT TRAINING17,73317,733
220RESERVE OFFICERS TRAINING CORPS (ROTC)94,60094,600
230FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION217,011217,011
240BASE SUPPORT800,327800,327
250SPECIALIZED SKILL TRAINING399,364399,364
260FLIGHT TRAINING792,275792,275
270PROFESSIONAL DEVELOPMENT EDUCATION248,958248,958
280TRAINING SUPPORT106,741106,741
290DEPOT MAINTENANCE319,331319,331
300RECRUITING AND ADVERTISING122,736122,736
310EXAMINING3,6793,679
320OFF-DUTY AND VOLUNTARY EDUCATION137,255137,255
330CIVILIAN EDUCATION AND TRAINING176,153176,153
340JUNIOR ROTC67,01867,018
SUBTOTAL TRAINING AND
RECRUITING3,605,5153,605,515
ADMIN & SRVWD
ACTIVITIES
350LOGISTICS OPERATIONS1,103,6841,103,684
360TECHNICAL SUPPORT ACTIVITIES919,923919,923
370DEPOT MAINTENANCE56,60152,601
Heavy bomber eliminations related to
New START treaty implementation[–400]
ICBM reductions related to New START
implementation[–3,600]
380FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION281,061281,061
390BASE SUPPORT1,203,3051,203,305
400ADMINISTRATION593,865593,865
410SERVICEWIDE COMMUNICATIONS574,609574,609
420OTHER SERVICEWIDE ACTIVITIES1,028,6001,013,200
De-MIRVing ICBMs related to New START
treaty implementation[–700]
ICBM eliminations and Environmental
Impact Study related to New START treaty implementation[–14,700]
430CIVIL AIR PATROL24,72024,720
460INTERNATIONAL SUPPORT89,00889,008
465CLASSIFIED PROGRAMS1,227,7961,222,996
Classified Adjustment[–4,800]
SUBTOTAL ADMIN & SRVWD
ACTIVITIES7,103,1727,078,972
UNDISTRIBUTED
470UNDISTRIBUTED0–205,100
Average civilian end strength above
projection[–18,700]
Unobligated balances[–186,400]
SUBTOTAL
UNDISTRIBUTED0–205,100
TOTAL OPERATION &
MAINTENANCE, AIR FORCE37,270,84237,437,672
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010PRIMARY COMBAT FORCES1,857,9511,857,951
020MISSION SUPPORT OPERATIONS224,462224,462
030DEPOT MAINTENANCE521,182521,182
040FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION89,70498,804
Sustainment to 90%[9,100]
050BASE SUPPORT360,836360,836
SUBTOTAL OPERATING
FORCES3,054,1353,063,235
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
060ADMINISTRATION64,36264,362
070RECRUITING AND ADVERTISING15,05615,056
080MILITARY MANPOWER AND PERS MGMT (ARPC)23,61723,617
090OTHER PERS SUPPORT (DISABILITY COMP)6,6186,618
100AUDIOVISUAL819819
SUBTOTAL ADMINISTRATION AND
SERVICEWIDE ACTIVITIES110,472110,472
TOTAL OPERATION &
MAINTENANCE, AF RESERVE3,164,6073,173,707
OPERATION & MAINTENANCE,
ANG
OPERATING FORCES
010AIRCRAFT OPERATIONS3,371,8713,371,871
020MISSION SUPPORT OPERATIONS720,305720,305
030DEPOT MAINTENANCE1,514,8701,514,870
040FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION296,953323,853
Sustainment to 90%[26,900]
050BASE SUPPORT597,303597,303
SUBTOTAL OPERATING
FORCES6,501,3026,528,202
ADMINISTRATION AND SERVICE-WIDE
ACTIVITIES
060ADMINISTRATION32,11732,117
070RECRUITING AND ADVERTISING32,58532,585
SUBTOTAL ADMINISTRATION AND
SERVICE-WIDE ACTIVITIES64,70264,702
TOTAL OPERATION &
MAINTENANCE, ANG6,566,0046,592,904
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010JOINT CHIEFS OF STAFF472,239472,239
020SPECIAL OPERATIONS COMMAND5,261,4635,230,711
AFSOC Flying Hour
Program[70,100]
International SOF Information Sharing
System[–7,017]
Ongoing baseline contingency
operations[–35,519]
Pilot program for SOF family
members[5,000]
Preserve the force and families—human
performance program[–16,605]
Preserve the force and
families—resiliency[–8,786]
Realignment of NATO Special
Operations Headquarters to O&M, Army[–31,200]
Regional SOF Coordination
Centers[–14,725]
SOCOM National Capitol
Region[–10,000]
USASOC Flying Hour
Program[18,000]
SUBTOTAL OPERATING
FORCES5,733,7025,702,950
TRAINING AND
RECRUITING
040DEFENSE ACQUISITION UNIVERSITY157,397157,397
050NATIONAL DEFENSE UNIVERSITY84,89984,899
SUBTOTAL TRAINING AND
RECRUITING242,296242,296
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
060CIVIL MILITARY PROGRAMS144,443165,443
STARBASE[21,000]
080DEFENSE CONTRACT AUDIT AGENCY612,207612,207
090DEFENSE CONTRACT MANAGEMENT AGENCY1,378,6061,378,606
110DEFENSE HUMAN RESOURCES ACTIVITY763,091763,091
120DEFENSE INFORMATION SYSTEMS AGENCY1,326,2431,326,243
140DEFENSE LEGAL SERVICES AGENCY29,93329,933
150DEFENSE LOGISTICS AGENCY462,545462,545
160DEFENSE MEDIA ACTIVITY222,979222,979
170DEFENSE POW/MIA OFFICE21,59421,594
180DEFENSE SECURITY COOPERATION AGENCY788,389788,389
190DEFENSE SECURITY SERVICE546,603546,603
210DEFENSE TECHNOLOGY SECURITY ADMINISTRATION35,15135,151
220DEFENSE THREAT REDUCTION AGENCY438,033438,033
240DEPARTMENT OF DEFENSE EDUCATION ACTIVITY2,713,7562,713,756
250MISSILE DEFENSE AGENCY256,201256,201
270OFFICE OF ECONOMIC ADJUSTMENT371,615217,715
Program reduction[–153,900]
280OFFICE OF THE SECRETARY OF DEFENSE2,010,1761,992,676
BRAC 2015 Initiative[–8,000]
Combatant Commanders Exercise
Engagement Training Transformation[90,500]
Procurement Technical Assistance
Program—Enhanced Business Support[10,000]
Realignment to Building Partnership
Capacity authories[–35,000]
Reduction to Building Partnership
Capacity authories[–75,000]
290WASHINGTON HEADQUARTERS SERVICES616,572616,572
295CLASSIFIED PROGRAMS14,283,55814,287,648
Classified adjustment[75,000]
Classified adjustment[–70,910]
SUBTOTAL ADMINISTRATION AND
SERVICEWIDE ACTIVITIES27,021,69526,875,385
UNDISTRIBUTED
305UNDISTRIBUTED0–320,000
Section 514. Study of Reserve
Component General and Flag Officers[3,000]
Section 551. Department of Defense
Recognition of Spouses of Members of Armed Forces who Serve in Combat
Zones[5,000]
Section 571 .DOD Supplementary Impact
Aid[25,000]
Section 621. Expand the victims
transitional compensation benefit[10,000]
Unobligated balances[–363,000]
SUBTOTAL
UNDISTRIBUTED0–320,000
TOTAL OPERATION &
MAINTENANCE, DEFENSE-WIDE32,997,69332,500,631
MISCELLANEOUS
APPROPRIATIONS
MISCELLANEOUS
APPROPRIATIONS
050OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID109,500109,500
060COOPERATIVE THREAT REDUCTION528,455528,455
080ACQ WORKFORCE DEV FD256,031256,031
090ENVIRONMENTAL RESTORATION, ARMY298,815298,815
160OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND5,0000
Program reduction[–5,000]
SUBTOTAL MISCELLANEOUS
APPROPRIATIONS1,197,8011,192,801
MISCELLANEOUS
APPROPRIATIONS
100ENVIRONMENTAL RESTORATION, NAVY316,103316,103
SUBTOTAL MISCELLANEOUS
APPROPRIATIONS316,103316,103
MISCELLANEOUS
APPROPRIATIONS
110ENVIRONMENTAL RESTORATION, AIR FORCE439,820439,820
SUBTOTAL MISCELLANEOUS
APPROPRIATIONS439,820439,820
MISCELLANEOUS
APPROPRIATIONS
040US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE13,60612,626
Unjustified Growth[–980]
120ENVIRONMENTAL RESTORATION, DEFENSE10,75710,757
SUBTOTAL MISCELLANEOUS
APPROPRIATIONS24,36323,383
MISCELLANEOUS
APPROPRIATIONS
130ENVIRONMENTAL RESTORATION FORMERLY USED SITES237,443237,443
SUBTOTAL MISCELLANEOUS
APPROPRIATIONS237,443237,443
TOTAL MISCELLANEOUS
APPROPRIATIONS2,215,5302,209,550
TOTAL OPERATION AND
MAINTENANCE175,097,941174,672,459
4302.
Operation and
maintenance for overseas contingency operations
SEC. 4302. OPERATION AND MAINTENANCE
FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of
Dollars)
LineItemFY
2014 RequestHouse Authorized
OPERATION & MAINTENANCE,
ARMY
OPERATING FORCES
010MANEUVER UNITS217,571247,571
Missile Defense
Deployment—Other[15,000]
Missile Defense Deployment to
Turkey[15,000]
020MODULAR SUPPORT BRIGADES8,2668,266
030ECHELONS ABOVE BRIGADE56,62656,626
040THEATER LEVEL ASSETS4,209,9424,209,942
050LAND FORCES OPERATIONS SUPPORT950,567950,567
060AVIATION ASSETS474,288474,288
070FORCE READINESS OPERATIONS SUPPORT1,349,1521,349,152
080LAND FORCES SYSTEMS READINESS655,000655,000
090LAND FORCES DEPOT MAINTENANCE301,563796,563
Restore High Priority Depot
Maintenance[495,000]
100BASE OPERATIONS SUPPORT706,214706,214
140ADDITIONAL ACTIVITIES11,519,49811,519,498
150COMMANDERS EMERGENCY RESPONSE PROGRAM60,00060,000
160RESET2,240,3583,740,358
Restore Critical Army
Reset[1,500,000]
SUBTOTAL OPERATING
FORCES22,749,04524,774,045
ADMIN & SRVWIDE
ACTIVITIES
350SERVICEWIDE TRANSPORTATION4,601,3564,601,356
380AMMUNITION MANAGEMENT17,41817,418
400SERVICEWIDE COMMUNICATIONS110,000110,000
420OTHER PERSONNEL SUPPORT94,82094,820
430OTHER SERVICE SUPPORT54,00054,000
450REAL ESTATE MANAGEMENT250,000250,000
525CLASSIFIED PROGRAMS1,402,9941,402,994
SUBTOTAL ADMIN & SRVWIDE
ACTIVITIES6,530,5886,530,588
UNDISTRIBUTED
530UNDISTRIBUTED091,100
Increase to support higher fuel
rates[91,100]
SUBTOTAL
UNDISTRIBUTED091,100
TOTAL OPERATION &
MAINTENANCE, ARMY29,279,63331,395,733
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
030ECHELONS ABOVE BRIGADE6,9956,995
050LAND FORCES OPERATIONS SUPPORT2,3322,332
070FORCE READINESS OPERATIONS SUPPORT608608
090LAND FORCES DEPOT MAINTENANCE075,800
Restore High Priority Depot
Maintenance[75,800]
100BASE OPERATIONS SUPPORT33,00033,000
SUBTOTAL OPERATING
FORCES42,935118,735
TOTAL OPERATION &
MAINTENANCE, ARMY RES42,935118,735
OPERATION & MAINTENANCE,
ARNG
OPERATING FORCES
010MANEUVER UNITS29,31429,314
020MODULAR SUPPORT BRIGADES1,4941,494
030ECHELONS ABOVE BRIGADE15,34315,343
040THEATER LEVEL ASSETS1,5491,549
060AVIATION ASSETS64,50464,504
070FORCE READINESS OPERATIONS SUPPORT31,51231,512
100BASE OPERATIONS SUPPORT42,17942,179
120MANAGEMENT AND OPERATIONAL HQ'S11,99611,996
SUBTOTAL OPERATING
FORCES197,891197,891
ADMIN & SRVWD
ACTIVITIES
160SERVICEWIDE COMMUNICATIONS1,4801,480
SUBTOTAL ADMIN & SRVWD
ACTIVITIES1,4801,480
TOTAL OPERATION &
MAINTENANCE, ARNG199,371199,371
AFGHANISTAN SECURITY FORCES
FUND
MINISTRY OF
DEFENSE
010SUSTAINMENT2,735,6032,735,603
020INFRASTRUCTURE278,650278,650
030EQUIPMENT AND TRANSPORTATION2,180,3822,180,382
040TRAINING AND OPERATIONS626,550626,550
SUBTOTAL MINISTRY OF
DEFENSE5,821,1855,821,185
MINISTRY OF
INTERIOR
060SUSTAINMENT1,214,9951,214,995
080EQUIPMENT AND TRANSPORTATION54,69654,696
090TRAINING AND OPERATIONS626,119626,119
SUBTOTAL MINISTRY OF
INTERIOR1,895,8101,895,810
DETAINEE OPS
110SUSTAINMENT7,2257,225
140TRAINING AND OPERATIONS2,5002,500
SUBTOTAL DETAINEE
OPS9,7259,725
TOTAL AFGHANISTAN SECURITY
FORCES FUND7,726,7207,726,720
AFGHANISTAN INFRASTRUCTURE
FUND
AFGHANISTAN INFRASTRUCTURE
FUND
010POWER279,000279,000
SUBTOTAL AFGHANISTAN
INFRASTRUCTURE FUND279,000279,000
TOTAL AFGHANISTAN
INFRASTRUCTURE FUND279,000279,000
OPERATION & MAINTENANCE,
NAVY
OPERATING FORCES
010MISSION AND OTHER FLIGHT OPERATIONS845,169845,169
030AVIATION TECHNICAL DATA & ENGINEERING SERVICES600600
040AIR OPERATIONS AND SAFETY SUPPORT17,48917,489
050AIR SYSTEMS SUPPORT78,49178,491
060AIRCRAFT DEPOT MAINTENANCE162,420202,420
Restore critical depot
maintenance[40,000]
070AIRCRAFT DEPOT OPERATIONS SUPPORT2,7002,700
080AVIATION LOGISTICS50,13050,130
090MISSION AND OTHER SHIP OPERATIONS949,539960,939
Spares[11,400]
100SHIP OPERATIONS SUPPORT & TRAINING20,22620,226
110SHIP DEPOT MAINTENANCE1,679,6601,843,660
Program increase[164,000]
120SHIP DEPOT OPERATIONS SUPPORT0126,000
Program increase[126,000]
130COMBAT COMMUNICATIONS37,76037,760
160WARFARE TACTICS25,35125,351
170OPERATIONAL METEOROLOGY AND OCEANOGRAPHY20,04520,045
180COMBAT SUPPORT FORCES1,212,2961,665,296
Combat forces equipment[148,000]
Combat forces shortfall[305,000]
190EQUIPMENT MAINTENANCE10,20310,203
250IN-SERVICE WEAPONS SYSTEMS SUPPORT127,972127,972
260WEAPONS MAINTENANCE221,427221,427
290SUSTAINMENT, RESTORATION AND MODERNIZATION13,38613,386
300BASE OPERATING SUPPORT110,940110,940
SUBTOTAL OPERATING
FORCES5,585,8046,380,204
MOBILIZATION
340EXPEDITIONARY HEALTH SERVICES SYSTEMS18,46018,460
360COAST GUARD SUPPORT227,033227,033
SUBTOTAL
MOBILIZATION245,493245,493
TRAINING AND
RECRUITING
400SPECIALIZED SKILL TRAINING50,26950,269
430TRAINING SUPPORT5,4005,400
SUBTOTAL TRAINING AND
RECRUITING55,66955,669
ADMIN & SRVWD
ACTIVITIES
480ADMINISTRATION2,4182,418
490EXTERNAL RELATIONS516516
510MILITARY MANPOWER AND PERSONNEL MANAGEMENT5,1075,107
520OTHER PERSONNEL SUPPORT1,4111,411
530SERVICEWIDE COMMUNICATIONS2,5452,545
550SERVICEWIDE TRANSPORTATION153,427153,427
580ACQUISITION AND PROGRAM MANAGEMENT8,5708,570
620NAVAL INVESTIGATIVE SERVICE1,4251,425
705CLASSIFIED PROGRAMS5,6085,608
SUBTOTAL ADMIN & SRVWD
ACTIVITIES181,027181,027
UNDISTRIBUTED
710UNDISTRIBUTED0155,400
Increase to support higher fuel
rates[155,400]
SUBTOTAL
UNDISTRIBUTED0155,400
TOTAL OPERATION &
MAINTENANCE, NAVY6,067,9937,017,793
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010OPERATIONAL FORCES992,190992,190
020FIELD LOGISTICS559,574559,574
030DEPOT MAINTENANCE570,000626,000
Restore High Priority Depot
Maintenance[56,000]
060BASE OPERATING SUPPORT69,72669,726
SUBTOTAL OPERATING
FORCES2,191,4902,247,490
TRAINING AND
RECRUITING
110TRAINING SUPPORT108,270108,270
SUBTOTAL TRAINING AND
RECRUITING108,270108,270
ADMIN & SRVWD
ACTIVITIES
150SERVICEWIDE TRANSPORTATION365,555365,555
160ADMINISTRATION3,6753,675
185CLASSIFIED PROGRAMS825825
SUBTOTAL ADMIN & SRVWD
ACTIVITIES370,055370,055
UNDISTRIBUTED
190UNDISTRIBUTED05,400
Increase to support higher fuel
rates[5,400]
SUBTOTAL
UNDISTRIBUTED05,400
TOTAL OPERATION &
MAINTENANCE, MARINE CORPS2,669,8152,731,215
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010MISSION AND OTHER FLIGHT OPERATIONS17,19617,196
020INTERMEDIATE MAINTENANCE200200
040AIRCRAFT DEPOT MAINTENANCE6,0006,000
070MISSION AND OTHER SHIP OPERATIONS12,30412,304
090SHIP DEPOT MAINTENANCE6,7906,790
110COMBAT SUPPORT FORCES13,21013,210
SUBTOTAL OPERATING
FORCES55,70055,700
TOTAL OPERATION &
MAINTENANCE, NAVY RES55,70055,700
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010OPERATING FORCES11,12411,124
040BASE OPERATING SUPPORT1,4101,410
SUBTOTAL OPERATING
FORCES12,53412,534
TOTAL OPERATION &
MAINTENANCE, MC RESERVE12,53412,534
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010PRIMARY COMBAT FORCES1,712,3931,782,393
Restore Critical Depot
Maintenance[70,000]
020COMBAT ENHANCEMENT FORCES836,104836,104
030AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)14,11814,118
040DEPOT MAINTENANCE1,373,4801,473,480
Program increase[100,000]
050FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION122,712122,712
060BASE SUPPORT1,520,3331,520,333
070GLOBAL C3I AND EARLY WARNING31,58231,582
080OTHER COMBAT OPS SPT PROGRAMS147,524147,524
110LAUNCH FACILITIES857857
120SPACE CONTROL SYSTEMS8,3538,353
130COMBATANT COMMANDERS DIRECT MISSION SUPPORT50,49550,495
SUBTOTAL OPERATING
FORCES5,817,9515,987,951
MOBILIZATION
150AIRLIFT OPERATIONS3,091,1333,141,133
Restore Critical Depot
Maintenance[50,000]
160MOBILIZATION PREPAREDNESS47,89747,897
170DEPOT MAINTENANCE387,179887,179
Program increase[500,000]
180FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION7,0437,043
190BASE SUPPORT68,38268,382
SUBTOTAL
MOBILIZATION3,601,6344,151,634
TRAINING AND
RECRUITING
200OFFICER ACQUISITION100100
210RECRUIT TRAINING478478
240BASE SUPPORT19,25619,256
250SPECIALIZED SKILL TRAINING12,84512,845
260FLIGHT TRAINING731731
270PROFESSIONAL DEVELOPMENT EDUCATION607607
280TRAINING SUPPORT720720
320OFF-DUTY AND VOLUNTARY EDUCATION152152
SUBTOTAL TRAINING AND
RECRUITING34,88934,889
ADMIN & SRVWD
ACTIVITIES
350LOGISTICS OPERATIONS86,27386,273
360TECHNICAL SUPPORT ACTIVITIES2,5112,511
390BASE SUPPORT19,88719,887
400ADMINISTRATION3,4933,493
410SERVICEWIDE COMMUNICATIONS152,086152,086
420OTHER SERVICEWIDE ACTIVITIES269,825269,825
460INTERNATIONAL SUPPORT117117
465CLASSIFIED PROGRAMS16,55816,558
SUBTOTAL ADMIN & SRVWD
ACTIVITIES550,750550,750
UNDISTRIBUTED
470UNDISTRIBUTED0284,000
Increase to support higher fuel
rates[284,000]
SUBTOTAL
UNDISTRIBUTED0284,000
TOTAL OPERATION &
MAINTENANCE, AIR FORCE10,005,22411,009,224
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030DEPOT MAINTENANCE26,59926,599
050BASE SUPPORT6,2506,250
SUBTOTAL OPERATING
FORCES32,84932,849
TOTAL OPERATION &
MAINTENANCE, AF RESERVE32,84932,849
OPERATION & MAINTENANCE,
ANG
OPERATING FORCES
020MISSION SUPPORT OPERATIONS22,20022,200
SUBTOTAL OPERATING
FORCES22,20022,200
TOTAL OPERATION &
MAINTENANCE, ANG22,20022,200
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
020SPECIAL OPERATIONS COMMAND2,222,8682,222,868
SUBTOTAL OPERATING
FORCES2,222,8682,222,868
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
080DEFENSE CONTRACT AUDIT AGENCY27,78127,781
090DEFENSE CONTRACT MANAGEMENT AGENCY45,74645,746
120DEFENSE INFORMATION SYSTEMS AGENCY76,34876,348
140DEFENSE LEGAL SERVICES AGENCY99,53899,538
160DEFENSE MEDIA ACTIVITY9,6209,620
180DEFENSE SECURITY COOPERATION AGENCY1,950,0001,950,000
240DEPARTMENT OF DEFENSE EDUCATION ACTIVITY100,100100,100
280OFFICE OF THE SECRETARY OF DEFENSE38,22773,227
Realignment to Building Partnership
Capacity authories[35,000]
290WASHINGTON HEADQUARTERS SERVICES2,7842,784
295CLASSIFIED PROGRAMS1,862,0661,862,066
SUBTOTAL ADMINISTRATION AND
SERVICEWIDE ACTIVITIES4,212,2104,247,210
TOTAL OPERATION &
MAINTENANCE, DEFENSE-WIDE6,435,0786,470,078
TOTAL OPERATION &
MAINTENANCE62,829,05267,071,152
XLIV
MILITARY
PERSONNEL
4401.
Military
personnel
SEC. 4401. MILITARY
PERSONNEL(In Thousands of Dollars)
ItemFY
2014 RequestHouse
Authorized
Military Personnel
Appropriations130,399,881130,219,281
Flight Paramedic Training Pay and
Allowances—Army Guard[4,500]
Flight Paramedic Training Pay and
Allowances—Army Reserve[900]
Military Personnel
unobligated[–186,000]
Medicare-Eligible Retiree
Health Fund Contributions6,676,7506,676,750
4402.
Military personnel for
overseas contingency operations
SEC. 4402. MILITARY PERSONNEL FOR
OVERSEAS CONTINGENCY OPERATIONS(In Thousands of
Dollars)
ItemFY
2014 RequestHouse
Authorized
Military Personnel
Appropriations9,689,3079,689,307
Medicare-Eligible Retiree
Health Fund Contributions164,033164,033
XLV
OTHER
AUTHORIZATIONS
4501.
Other
authorizations
SEC. 4501. OTHER
AUTHORIZATIONS(In Thousands of Dollars)
ItemFY
2014 RequestHouse
Authorized
WORKING CAPITAL
FUND, ARMY
PREPOSITIONED WAR RESERVE
STOCKS25,15825,158
TOTAL WORKING CAPITAL FUND,
ARMY25,15825,158
WORKING CAPITAL
FUND, AIR FORCE
SUPPLIES AND MATERIALS
(MEDICAL/DENTAL)61,73161,731
TOTAL WORKING CAPITAL FUND,
AIR FORCE61,73161,731
WORKING CAPITAL
FUND, DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY
(DLA)46,42846,428
TOTAL WORKING CAPITAL FUND,
DEFENSE-WIDE46,42846,428
WORKING CAPITAL
FUND, DECA
WORKING CAPITAL FUND,
DECA1,412,5101,412,510
TOTAL WORKING CAPITAL FUND,
DECA1,412,5101,412,510
NATIONAL DEFENSE
SEALIFT FUND
MPF MLP134,917134,917
POST DELIVERY AND
OUTFITTING43,40443,404
LG MED SPD RO/RO
MAINTENANCE116,784116,784
DOD MOBILIZATION
ALTERATIONS60,70360,703
TAH MAINTENANCE19,80919,809
RESEARCH AND
DEVELOPMENT56,05856,058
READY RESERVE FORCE299,025299,025
TOTAL NATIONAL DEFENSE
SEALIFT FUND730,700730,700
DEFENSE HEALTH
PROGRAM
IN-HOUSE CARE8,880,7388,880,738
PRIVATE SECTOR CARE15,842,73215,842,732
CONSOLIDATED HEALTH
SUPPORT2,505,6402,505,640
INFORMATION
MANAGEMENT1,450,6191,450,619
MANAGEMENT
ACTIVITIES368,248368,248
EDUCATION AND
TRAINING733,097733,097
BASE
OPERATIONS/COMMUNICATIONS1,872,6601,872,660
R&D RESEARCH9,1629,162
R&D EXPLORATRY
DEVELOPMENT47,97747,977
R&D ADVANCED
DEVELOPMENT291,156291,156
R&D
DEMONSTRATION/VALIDATION132,430132,430
R&D ENGINEERING
DEVELOPMENT161,674161,674
R&D MANAGEMENT AND
SUPPORT72,56872,568
R&D CAPABILITIES
ENHANCEMENT14,64614,646
PROC INITIAL
OUTFITTING89,40489,404
PROC REPLACEMENT &
MODERNIZATION377,577377,577
PROC IEHR204,200204,200
UNDISTRIBUTED0–276,800
DHP Unobligated[–440,800]
Section 711. Future Availability
of TRICARE Prime for Certain Beneficiaries Enrolled in TRICARE
Prime[164,000]
TOTAL DEFENSE HEALTH
PROGRAM33,054,52832,777,728
CHEM AGENTS &
MUNITIONS DESTRUCTION
OPERATION &
MAINTENANCE451,572451,572
RDT&E604,183604,183
PROCUREMENT1,3681,368
TOTAL CHEM AGENTS &
MUNITIONS DESTRUCTION1,057,1231,057,123
DRUG INTERDICTION
& CTR-DRUG ACTIVITIES, DEF
OPERATING FORCES815,965815,965
DRUG DEMAND REDUCTION
PROGRAM122,580122,580
TOTAL DRUG INTERDICTION
& CTR-DRUG ACTIVITIES, DEF938,545938,545
OFFICE OF THE
INSPECTOR GENERAL
OPERATION AND
MAINTENANCE311,131311,131
PROCUREMENT1,0001,000
TOTAL OFFICE OF THE
INSPECTOR GENERAL312,131312,131
TOTAL OTHER
AUTHORIZATIONS37,638,85437,362,054
4502.
Other authorizations
for overseas contingency operations
SEC. 4502. OTHER AUTHORIZATIONS FOR
OVERSEAS CONTINGENCY OPERATIONS(In Thousands of
Dollars)
ItemFY
2014 RequestHouse
Authorized
WORKING CAPITAL
FUND, ARMY
PREPOSITIONED WAR RESERVE
STOCKS44,73244,732
TOTAL WORKING CAPITAL FUND,
ARMY44,73244,732
WORKING CAPITAL
FUND, AIR FORCE
C–17 CLS ENGINE
REPAIR78,50078,500
TRANSPORTATION FALLEN
HEROES10,00010,000
TOTAL WORKING CAPITAL FUND,
AIR FORCE88,50088,500
WORKING CAPITAL
FUND, DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY
(DLA)131,678131,678
TOTAL WORKING CAPITAL FUND,
DEFENSE-WIDE131,678131,678
DEFENSE HEALTH
PROGRAM
IN-HOUSE CARE375,958375,958
PRIVATE SECTOR CARE382,560382,560
CONSOLIDATED HEALTH
SUPPORT132,749132,749
INFORMATION
MANAGEMENT2,2382,238
MANAGEMENT
ACTIVITIES460460
EDUCATION AND
TRAINING10,23610,236
TOTAL DEFENSE HEALTH
PROGRAM904,201904,201
DRUG INTERDICTION
& CTR-DRUG ACTIVITIES, DEF
OPERATING FORCES376,305376,305
TOTAL DRUG INTERDICTION
& CTR-DRUG ACTIVITIES, DEF376,305376,305
OFFICE OF THE
INSPECTOR GENERAL
OPERATION AND
MAINTENANCE10,76610,766
TOTAL OFFICE OF THE
INSPECTOR GENERAL10,76610,766
TOTAL OTHER
AUTHORIZATIONS1,556,1821,556,182
XLVI
MILITARY
CONSTRUCTION
4601.
Military
construction
SEC. 4601. MILITARY
CONSTRUCTION(In Thousands of Dollars)
AccountState/Country and
InstallationProject TitleBudget
RequestHouse Agreement
Alaska
ArmyFort WainwrightAviation Battalion Complex45,00045,000
ArmyFort WainwrightAviation Storage Hangar58,00058,000
Colorado
ArmyFort CarsonAircraft Maintenance Hangar66,00066,000
ArmyFort CarsonAircraft Maintenance Hangar73,00073,000
ArmyFort CarsonCentral Energy Plant34,00034,000
ArmyFort CarsonFire Station12,00012,000
ArmyFort CarsonHeadquarters Building33,00033,000
ArmyFort CarsonRunway12,00012,000
ArmyFort CarsonSimulator Building12,20012,200
Florida
ArmyEglin AFBAutomated Sniper Field Fire
Range4,7004,700
Georgia
ArmyFort GordonAdv Individual Training Barracks Cplx,
Ph261,00061,000
Hawaii
ArmyFort ShafterCommand and Control Facility—Admin75,00065,000
Kansas
ArmyFort LeavenworthSimulations Center17,00017,000
Kentucky
ArmyFort CampbellBattlefield Weather Support Facility4,8004,800
Maryland
ArmyAberdeen Proving GroundOperations and Maintenance
Facilities21,00021,000
ArmyFort DetrickEntry Control Point2,5002,500
ArmyFort DetrickHazardous Material Storage Building4,6004,600
Missouri
ArmyFort Leonard WoodAdv Individual Training Barracks Cplx,
Ph186,00086,000
ArmyFort Leonard WoodSimulator Building4,7004,700
New
York
ArmyU.S. Military AcademyCadet Barracks, Incr 242,00042,000
North
Carolina
ArmyFort BraggCommand and Control Facility5,9005,900
Texas
ArmyFort BlissControl Tower10,80010,800
ArmyFort BlissUnmanned Aerial Vehicle Complex36,00036,000
Virginia
ArmyJoint Base Langley-EustisAdv Individual Training Barracks
Cplx, Ph350,00050,000
Washington
ArmyJoint Base Lewis-McchordAircraft Maintenance Hangar79,00079,000
ArmyJoint Base Lewis-McchordAirfield Operations Complex37,00037,000
ArmyJoint Base Lewis-McchordAviation Battalion Complex28,00028,000
ArmyYakimaAutomated Multipurpose Machine Gun
Range9,1009,100
Worldwide
Classified
ArmyClassified LocationCompany Operations
Complex33,00033,000
Kwajalein
ArmyKwajalein AtollPier63,00063,000
Worldwide
Unspecified
ArmyUnspecified Worldwide
LocationsHost Nation
Support Fy1433,00023,000
ArmyUnspecified Worldwide
LocationsMinor
Construction Fy1425,00025,000
ArmyUnspecified Worldwide
LocationsPlanning and
Design Fy1441,57541,575
Total Military
Construction, Army1,119,8751,099,875
California
NavyBarstowEngine Dynamometer Facility14,99814,998
NavyCamp PendletonAmmunition Supply Point Upgrade13,12413,124
NavyCoronadoH–60 Trainer Facility8,9108,910
NavyPoint MuguAircraft Engine Test Pads7,1987,198
NavyPoint MuguBams Consolidated Maintenance Hangar17,46917,469
NavyPort HuenemeUnaccompanied Housing Conversion33,60033,600
NavySan DiegoSteam Plant
Decentralization34,33134,331
NavyTwentynine PalmsCamp Wilson Infrastructure Upgrades33,43733,437
Florida
NavyJacksonvilleP–8a Training & Parking Apron
Expansion20,75220,752
NavyKey WestAircraft Crash/Rescue & Fire
Headquarters14,00114,001
NavyMayportLcs Logistics Support Facility16,09316,093
Georgia
NavyAlbanyCers Dispatch Facility1,0101,010
NavyAlbanyWeapons Storage and Inspection
Facility15,60015,600
NavySavannahTownsend Bombing Range Land Acq—Phase
161,71761,717
Guam
NavyJoint Region MarianasAircraft Maintenance Hangar—North
Ramp85,67385,673
NavyJoint Region MarianasBams Forward Operational &
Maintenance Hangar61,70261,702
NavyJoint Region MarianasDehumidified Supply Storage
Facility17,17017,170
NavyJoint Region MarianasEmergent Repair Facility
Expansion35,86035,860
NavyJoint Region MarianasModular Storage
Magazines63,38263,382
NavyJoint Region MarianasSierra Wharf
Improvements1,1701,170
NavyJoint Region MarianasX-Ray Wharf
Improvements53,42053,420
Hawaii
NavyKaneohe Bay3rd Radio Bn Maintenance/Operations
Complex25,33625,336
NavyKaneohe BayAircraft Maintenance Expansion16,96816,968
NavyKaneohe BayAircraft Maintenance Hangar Upgrades31,82031,820
NavyKaneohe BayArmory Addition and Renovation12,95212,952
NavyKaneohe BayAviation Simulator
Modernization/Addition17,72417,724
NavyKaneohe BayMv–22 Hangar57,51757,517
NavyKaneohe BayMv–22 Parking Apron and
Infrastructure74,66574,665
NavyPearl CityWater Transmission Line30,10030,100
NavyPearl HarborDrydock Waterfront Facility22,72122,721
NavyPearl HarborSubmarine Production Support
Facility35,27735,277
Illinois
NavyGreat LakesUnaccompanied Housing35,85135,851
Maine
NavyBangorNctams Vlf Commercial Power
Connection13,80013,800
NavyKitteryStructural Shops Consolidation11,52211,522
Maryland
NavyFort MeadeMarforcybercom HQ-Ops Building83,98883,988
Nevada
NavyFallonWastewater Treatment Plant11,33411,334
North
Carolina
NavyCamp LejeuneLandfill—Phase 420,79520,795
NavyCamp LejeuneOperations Training Complex22,51522,515
NavyCamp LejeuneSteam Decentralization—BEQ Nodes18,67918,679
NavyCamp LejeuneSteam Decentralization—Camp Johnson2,6202,620
NavyCamp LejeuneSteam Decentralization—Hadnot Point13,39013,390
NavyNew RiverCh–53k Maintenance Training
Facility13,21813,218
NavyNew RiverCorrosion Control
Hangar12,54712,547
NavyNew RiverRegional Communication
Station20,09820,098
Oklahoma
NavyTinker AFBTacamo E–6B Hangar14,14414,144
Rhode
Island
NavyNewportHewitt Hall Research Center12,42212,422
South
Carolina
NavyCharlestonNuclear Power Operational Training
Facility73,93273,932
Virginia
NavyDam NeckAerial Target Operation
Consolidation10,58710,587
NavyNorfolkPier 11 Power Upgrades for Cvn–783,3803,380
NavyQuanticoAcademic Instruction Facility Tecom
Schools25,73125,731
NavyQuanticoAtc Transmitter/Receiver Relocation3,6303,630
NavyQuanticoFuller Road Improvements9,0139,013
NavyYorktownSmall Arms Ranges18,70018,700
Washington
NavyBremertonIntegrated Water Treatment Sys Dry
Docks 3&418,18918,189
NavyKitsapExplosives Handling Wharf #2 (Inc)24,88024,880
NavyWhidbey IslandEa–18g Facility Improvements32,48232,482
NavyWhidbey IslandP–8a Hangar and Training Facilities85,16785,167
Djibouti
NavyCamp LemonierArmory6,4206,420
NavyCamp LemonierUnaccompanied Housing22,58022,580
Japan
NavyCamp ButlerAirfield Security Upgrades5,8205,820
NavyYokosukaCommunication System Upgrade7,5687,568
Worldwide
Unspecified
NavyUnspecified Worldwide
LocationsMcon Design
Funds89,83089,830
NavyUnspecified Worldwide
LocationsUnspecified
Minor Construction19,74019,740
Total Military
Construction, Navy1,700,2691,700,269
Arizona
AFLuke AFBF–35 Field Training Detachment5,5005,500
AFLuke AFBF–35 Sq Ops/Aircraft Maintenance Unit
#321,40021,400
California
AFBeale AFBDistributed Common Ground Station Ops
Bldg62,00062,000
Florida
AFTyndall AFBF–22 Munitions Storage Complex9,1009,100
Guam
AFJoint Region MarianasPar—Fuel Sys Hardened
Bldgs20,00020,000
AFJoint Region MarianasPar—Strike Tactical Missile Mxs
Facility10,53010,530
AFJoint Region MarianasPar—Tanker Gp Mx Hangar/AMU/Sqd
Ops132,600132,600
AFJoint Region MarianasPrtc Red Horse Airfield Operations
Facility8,5008,500
AFJoint Region MarianasPrtc Sf Fire Rescue & Emergency
Mgt4,6004,600
Hawaii
AFJoint Base Pearl Harbor-HickamC–17 Modernize Hgr 35, Docks
1&24,8004,800
Kansas
AFMcconnell AFBKC–46a 2–Bay Corrosion Control/Fuel Cell
Hangar082,000
AFMcconnell AFBKC–46a 3–Bay General Purpose Maintenance
Hangar080,000
AFMcconnell AFBKC–46a Aircraft Parking Apron
Alteration02,200
AFMcconnell AFBKC–46a Aprons Fuels Distribution
System012,800
AFMcconnell AFBKC–46a Flight Simulator Facility Phase
102,150
AFMcconnell AFBKC–46a General Maintenance Hangar032,000
AFMcconnell AFBKC–46a Miscellaneous Facilities
Alteration0970
AFMcconnell AFBKC–46a Pipeline Student Dormatory07,000
Kentucky
AFFort Campbell19th Air Support Operations Sqdrn
Expansion8,0008,000
Maryland
AFFort MeadeCybercom Joint Operations Center, Increment
185,00085,000
AFJoint Base AndrewsHelicopter Operations
Facility30,00030,000
Missouri
AFWhiteman AFBWsa Mop Igloos and Assembly Facility5,9005,900
Nebraska
AFOffutt AFBUsstratcom Replacement Facility, Incr
3136,000136,000
Nevada
AFNellis AFBAdd Rpa Weapons School Facility20,00020,000
AFNellis AFBDormitory (240 Rm)35,00035,000
AFNellis AFBF–35 Alt Mission Equip (Ame) Storage5,0005,000
AFNellis AFBF–35 Fuel Cell Hangar9,4009,400
AFNellis AFBF–35 Parts Store9,1009,100
New
Mexico
AFCannon AFBAirmen and Family Readiness Center5,5005,500
AFCannon AFBDormitory (144 Rm)22,00022,000
AFCannon AFBSatellite Dining Facility6,6006,600
AFHolloman AFBF–16 Aircraft Covered Washrack and
Pad2,2502,250
AFKirtland AFBNuclear Systems Wing & Sustainment Center
(Ph30,50030,500
North
Dakota
AFMinot AFBB–52 Adal Aircraft Maintenance
Unit15,53015,530
AFMinot AFBB–52 Munitions Storage
Igloos8,3008,300
Oklahoma
AFAltus AFBKC–46a Ftu Adal Fuel Systems
Maintenance Dock03,350
AFAltus AFBKC–46a Ftu Adal Squad
Ops/AMU07,400
AFAltus AFBKC–46a Ftu Flight Training Center
Simulators Facility Phase 1012,600
AFAltus AFBKC–46a Ftu Fuselage Trainer Phase
106,300
AFAltus AFBKC–46a Ftu Renovate
Facility01,200
AFTinker AFBKC–46a Land Acquisition8,6008,600
Texas
AFFort BlissF–16 Bak 12/14 Aircraft Arresting
System3,3503,350
Utah
AFHill AFBF–35 Aircraft Mx Unit Hangar 45e Ops
#113,50013,500
AFHill AFBFire Crash Rescue Station18,50018,500
Virginia
AFJoint Base Langley-Eustis4–Bay Conventional Munitions
Inspection Bldg4,8004,800
Greenland
AFThule AbThule Consolidation, Phase 243,90443,904
Mariana
Islands
AFSaipanPar—Airport Pol/Bulk Storage Ast18,50018,500
AFSaipanPar—Hazardous Cargo Pad8,0008,000
AFSaipanPar—Maintenance Facility2,8002,800
United
Kingdom
AFCroughton RafMain Gate Complex12,0000
AFRoyal Air Force LakenheathGuardian Angel Operations
Facility22,04722,047
Worldwide
Unspecified
AFUnspecified Worldwide
LocationsKC–46a Ftu
Facility Projects63,0000
AFUnspecified Worldwide
LocationsKC–46a Mob #1
Facility Projects192,7000
AFUnspecified Worldwide
LocationsPlanning
& Design11,31411,314
AFUnspecified Worldwide
LocationsUnspecified
Minor Construction20,44820,448
Total Military
Construction, Air Force1,156,5731,138,843
Alaska
Def-WideClear AFSBmds Upgrade Early Warning
Radar17,20417,204
Def-WideFort GreelyMechanical-Electrical Bldg Missile Field
#182,00082,000
California
Def-WideBrawleySOF Desert Warfare Training Center23,09523,095
Def-WideDefense Distribution
Depot-TracyGeneral
Purpose Warehouse37,55437,554
Def-WideMiramarReplace Fuel Pipeline6,0006,000
Colorado
Def-WideFort CarsonSOF Group Support Battalion22,28222,282
Florida
Def-WideHurlburt FieldSOF Add/Alter Operations Facility7,9007,900
Def-WideJacksonvilleReplace Fuel Pipeline7,5007,500
Def-WideKey WestSOF Boat Docks3,6000
Def-WidePanama CityReplace Ground Vehicle Fueling
Facility2,6002,600
Def-WideTyndall AFBReplace Fuel Pipeline9,5009,500
Georgia
Def-WideFort BenningFaith Middle School Addition6,0316,031
Def-WideFort BenningWhite Elemtary School Replacement37,30437,304
Def-WideFort StewartDiamond Elementary School
Replacement44,50444,504
Def-WideHunter Army AirfieldReplace Fuel Island13,50013,500
Def-WideMoody AFBReplace Ground Vehicle Fueling
Facility3,8003,800
Hawaii
Def-WideFord IslandDISA Pacific Facility Upgrades2,6152,615
Def-WideJoint Base Pearl Harbor-HickamAlter Warehouse Space2,8002,800
Kentucky
Def-WideFort CampbellFort Campbell High School
Replacement59,27859,278
Def-WideFort CampbellMarshall Elementary School
Replacement38,59138,591
Def-WideFort CampbellSOF Group Special Troops Battalion26,34226,342
Def-WideFort KnoxAmbulatory Health
Center265,000265,000
Def-WideFort KnoxConsolidate/Replace Van Voorhis-Mudge
Es38,02338,023
Maryland
Def-WideAberdeen Proving GroundPublic Health Command Lab
Replacement210,000110,000
Def-WideBethesda Naval HospitalMech & Electrical
Improvements46,80046,800
Def-WideBethesda Naval HospitalParking Garage20,00020,000
Def-WideFort DetrickUSAMRIID Replacement Stage 1, Incr 813,0000
Def-WideFort MeadeHigh Performance Computing Capacity Inc
3431,000431,000
Def-WideFort MeadeNSAW Recapitalize Building #1/Site M Inc
258,00058,000
Def-WideJoint Base AndrewsAmbulatory Care Center Inc
276,20063,800
Massachusetts
Def-WideHanscom AFBHanscom Primary School Replacement36,21336,213
New
Jersey
Def-WideJoint Base
Mcguire-Dix-LakehurstReplace Fuel Distribution Components10,00010,000
New
Mexico
Def-WideHolloman AFBMedical Clinic Replacement60,00060,000
Def-WideHolloman AFBReplace Hydrant Fuel System21,40021,400
North
Carolina
Def-WideCamp LejeuneSOF Performance Resiliency Center14,4000
Def-WideCamp LejeuneSOF Sustainment Training Complex28,97728,977
Def-WideFort BraggConsolidate/Replace Pope Holbrook
Elementary37,03237,032
Def-WideFort BraggSOF Civil Affairs Battalion Annex37,68937,689
Def-WideFort BraggSOF Combat Medic Skills Sustain. Course
Bldg7,6007,600
Def-WideFort BraggSOF Engineer Training Facility10,41910,419
Def-WideFort BraggSOF Language and Cultural Center64,60664,606
Def-WideFort BraggSOF Upgrade Training Facility14,71914,719
North
Dakota
Def-WideMinot AFBReplace Fuel Pipeline6,4006,400
Oklahoma
Def-WideAltus AFBReplace Refueler
Parking2,1002,100
Def-WideTinker AFBReplace Fuel Distribution Facilities36,00036,000
Pennsylvania
Def-WideDef Distribution Depot New
CumberlandUpgrade
Hazardous Material Warehouse3,1003,100
Def-WideDef Distribution Depot New
CumberlandUpgrade
Public Safety Facility5,9005,900
South
Carolina
Def-WideBeaufortBolden Elementary/Middle School
Replacement41,32441,324
Tennessee
Def-WideArnold Air Force BaseReplace Ground Vehicle Fueling
Facility2,2002,200
Texas
Def-WideFort BlissHospital Replacement Incr 5252,100152,100
Def-WideJoint Base San AntonioSammc Hyperbaric Facility
Addition12,60012,600
Virginia
Def-WideDam NeckSOF Human Performance Center11,1470
Def-WideDef Distribution Depot
RichmondOperations
Center Phase 187,00087,000
Def-WideJoint Expeditionary Base Little
Creek—StorySOF Logsu
Two Operations Facility30,40430,404
Def-WidePentagonBoundary Channel Access Control
Point6,7006,700
Def-WidePentagonPentagon South Pedestrian Safety
Project1,8501,850
Def-WidePentagonPfpa Support Operations Center14,80014,800
Def-WidePentagonRaven Rock Administrative Facility
Upgrade32,00032,000
Def-WidePentagonRaven Rock Exterior Cooling Tower4,1004,100
Def-WideQuanticoQuantico Middle/High School
Replacement40,58640,586
Washington
Def-WideWhidbey IslandReplace Fuel Pier Breakwater10,00010,000
Worldwide
Classified
Def-WideClassified Locationan/Tpy–2 Radar Site15,00015,000
Bahrain
Island
Def-WideSw AsiaMedical/Dental Clinic Replacement45,40045,400
Belgium
Def-WideBrusselsNATO Headquarters Facility38,51338,513
Def-WideBrusselsNATO Headquarters Fit-Out29,10029,100
Germany
Def-WideKaiserlautern AbKaiserslautern Elementary School
Replacement49,90749,907
Def-WideRamstein AbRamstein High School Replacement98,76298,762
Def-WideRhine Ordnance BarracksMedical Center Replacement, Incr
3151,545151,545
Def-WideWeisbadenHainerberg Elementary School
Replacement58,89958,899
Def-WideWeisbadenWiesbaden Middle School
Replacement50,75650,756
Japan
Def-WideAtsugiReplace Ground Vehicle Fueling
Facility4,1004,100
Def-WideIwakuniConstruct Hydrant Fuel System34,00034,000
Def-WideKadena AbKadena Middle School
Addition/Renovation38,79238,792
Def-WideTorri Commo StationSOF Facility
Augmentation71,45164,071
Def-WideYokosukaUpgrade Fuel Pumps10,60010,600
Korea
Def-WideCamp WalkerDaegu Middle/High School Replacement52,16452,164
Romania
Def-WideDeveseluAegis Ashore Missile Def Sys Cmplx, Increm.
285,00080,000
United
Kingdom
Def-WideRaf MildenhallReplace Fuel Storage17,73217,732
Def-WideRaf MildenhallSOF Airfield Pavements and
Hangar/AMU048,448
Def-WideRaf MildenhallSOF Airfiled Pavements24,0770
Def-WideRaf MildenhallSOF Hangar/AMU24,3710
Def-WideRaf MildenhallSOF Mrsp and Parts Storage6,7976,797
Def-WideRaf MildenhallSOF Squadron Operations Facility11,65211,652
Def-WideRoyal Air Force LakenheathLakenheath High School
Replacement69,63869,638
Worldwide
Unspecified
Def-WideUnspecified Worldwide
LocationsContingency
Construction10,0000
Def-WideUnspecified Worldwide
LocationsEnergy
Conservation Investment Program150,000150,000
Def-WideUnspecified Worldwide
LocationsExercise
Related Minor Construction9,7309,730
Def-WideUnspecified Worldwide
LocationsPlanning
& Design10,89110,891
Def-WideUnspecified Worldwide
LocationsPlanning and
Design57,05357,053
Def-WideUnspecified Worldwide
LocationsPlanning and
Design50,19250,192
Def-WideUnspecified Worldwide
LocationsPlanning and
Design75,90575,905
Def-WideUnspecified Worldwide
LocationsPlanning and
Design36,86636,866
Def-WideUnspecified Worldwide
LocationsPlanning and
Design6,9316,931
Def-WideUnspecified Worldwide
LocationsUnspecified
Minor Construction9,5789,578
Def-WideUnspecified Worldwide
LocationsUnspecified
Minor Construction5,1705,170
Def-WideUnspecified Worldwide
LocationsUnspecified
Minor Construction1,5001,500
Def-WideUnspecified Worldwide
LocationsUnspecified
Minor Construction2,0002,000
Def-WideUnspecified Worldwide
LocationsUnspecified
Minor Construction5,4095,409
Def-WideUnspecified Worldwide
LocationsUnspecified
Minor Construction7,4307,430
Def-WideUnspecified Worldwide
LocationsUnspecified
Minor Construction3,0003,000
Total Military
Construction, Defense-Wide3,985,3003,708,373
Kentucky
Chem
DemilBlue Grass
Army DepotAmmunition
Demilitarization Facility, Ph Xiv122,536122,536
Total Chemical
Demilitarization Construction, Defense122,536122,536
Worldwide
Unspecified
NATONATO Security Investment
ProgramNATO Security
Investment Program239,700199,700
Total NATO Security
Investment Program239,700199,700
Alabama
Army NGDecaturNational Guard Readiness Center
Add/Alt4,0004,000
Arkansas
Army NGFort ChaffeeScout/Recce Gunnery Complex21,00021,000
Florida
Army NGPinellas ParkReady Building5,7005,700
Illinois
Army NGKankakeeAircraft Maintenance Hangar28,00028,000
Army NGKankakeeReadiness Center14,00014,000
Massachusetts
Army NGCamp EdwardsEnlisted Barracks, Transient Training
Add19,00019,000
Michigan
Army NGCamp GraylingEnlisted Barracks, Transient
Training17,00017,000
Minnesota
Army NGStillwaterReadiness Center17,00017,000
Mississippi
Army NGCamp ShelbyWater Supply/Treatment Building,
Potable3,0003,000
Army NGPascagoulaReadiness Center4,5004,500
Missouri
Army NGMaconVehicle Maintenance Shop9,1009,100
Army NGWhiteman AFBAircraft Maintenance Hangar5,0005,000
New
York
Army NGNew YorkReadiness Center Add/Alt31,00031,000
Ohio
Army NGRavenna Army Ammunition PlantSanitary Sewer5,2005,200
Pennsylvania
Army NGFort Indiantown GapAircraft Maintenance Instructional
Building40,00040,000
Puerto
Rico
Army NGCamp SantiagoManeuver Area Training & Equipment Site
Addit5,6005,600
South
Carolina
Army NGGreenvilleReadiness Center13,00013,000
Army NGGreenvilleVehicle Maintenance Shop13,00013,000
Texas
Army NGFort WorthArmed Forces Reserve Center Add14,27014,270
Wyoming
Army NGAftonNational Guard Readiness Center10,20010,200
Worldwide
Unspecified
Army NGUnspecified Worldwide
LocationsPlanning and
Design29,00524,005
Army NGUnspecified Worldwide
LocationsUnspecified
Minor Construction12,24012,240
Total Military
Construction, Army National Guard320,815315,815
California
Army ResCamp ParksArmy Reserve Center17,50017,500
Army ResFort Hunter LiggettTass Training Center
(Ttc)16,50016,500
Maryland
Army ResBowieArmy Reserve Center25,50025,500
New
Jersey
Army ResJoint Base
Mcguire-Dix-LakehurstAutomated Multipurpose Machine Gun (Mpmg)9,5009,500
Army ResJoint Base
Mcguire-Dix-LakehurstCentral Issue Facility7,9007,900
Army ResJoint Base
Mcguire-Dix-LakehurstConsolidated Dining Facility13,40013,400
Army ResJoint Base
Mcguire-Dix-LakehurstModified Record Fire Range5,4005,400
New
York
Army ResBullvilleArmy Reserve Center14,50014,500
North
Carolina
Army ResFort BraggArmy Reserve Center24,50024,500
Wisconsin
Army ResFort MccoyAccess Control Point/Mail/Freight
Center17,50017,500
Army ResFort MccoyNco Academy Dining Facility5,9005,900
Worldwide
Unspecified
Army ResUnspecified Worldwide
LocationsPlanning and
Design14,21214,212
Army ResUnspecified Worldwide
LocationsUnspecified
Minor Construction1,7481,748
Total Military
Construction, Army Reserve174,060174,060
California
N/MC ResMarch AFBNOSC Moreno Valley Reserve Training
Center11,08611,086
Missouri
N/MC ResKansas CityReserve Training Center—Belton,
Missouri15,02015,020
Tennessee
N/MC ResMemphisReserve Boat Maintenance and Storage
Facility4,3304,330
Worldwide
Unspecified
N/MC ResUnspecified Worldwide
LocationsMcnr Planning
& Design1,5001,500
N/MC ResUnspecified Worldwide
LocationsUsmcr
Planning and Design1,0401,040
Total Military
Construction, Naval Reserve32,97632,976
Alabama
Air NGBirmingham IAPAdd to and Alter Distributed Ground Station
F8,5008,500
Indiana
Air NGHulman Regional AirportAdd/Alter Bldg 37 for Dist Common
Ground Sta7,3007,300
Maryland
Air NGFort Meade175th Network Warfare Squadron
Facility4,0000
Air NGMartin State AirportCyber/ISR Facility8,0000
Montana
Air NGGreat Falls IAPIntra-Theater Airlift Conversion22,00022,000
New
York
Air NGFort DrumMq–9 Flight Training Unit
Hangar4,7004,700
Ohio
Air NGSpringfield Beckley-MapAlter Intelligence Operations
Facility7,2007,200
Pennsylvania
Air NGFort Indiantown GapCommunications Operations and
Training Facili7,7007,700
Rhode
Island
Air NGQuonset State AirportC–130J Flight Simulator Training
Facility6,0006,000
Tennessee
Air NGMcghee-Tyson AirportTec Expansion- Dormitory &
Classroom Facility18,00018,000
Worldwide
Unspecified
Air NGVarious Worldwide LocationsPlanning and Design13,40013,400
Air NGVarious Worldwide LocationsUnspecified Minor
Construction13,00013,000
Total Military
Construction, Air National Guard119,800107,800
California
AF ResMarch AFBJoint Regional Deployment Processing
Center,19,90019,900
Florida
AF ResHomestead AFSEntry Control Complex9,8009,800
Oklahoma
AF ResTinker AFBAir Control Group Squadron
Operations12,20012,200
Worldwide
Unspecified
AF ResVarious Worldwide LocationsPlanning and Design2,2292,229
AF ResVarious Worldwide LocationsUnspecified Minor
Construction1,5301,530
Total Military
Construction, Air Force Reserve45,65945,659
Wisconsin
FH Con
ArmyFort MccoyFamily Housing New Construction (56
Units)23,00023,000
Germany
FH Con
ArmySouth Camp VilseckFamily Housing New Construction (29
Units)16,60016,600
Worldwide
Unspecified
FH Con
ArmyUnspecified Worldwide
LocationsFamily
Housing P & D4,4084,408
Total Family Housing
Construction, Army44,00844,008
Worldwide
Unspecified
FH Ops
ArmyUnspecified Worldwide
LocationsFurnishings33,12533,125
FH Ops
ArmyUnspecified Worldwide
LocationsLeased
Housing180,924180,924
FH Ops
ArmyUnspecified Worldwide
LocationsMaintenance
of Real Property Facilities107,639107,639
FH Ops
ArmyUnspecified Worldwide
LocationsManagement
Account54,43354,433
FH Ops
ArmyUnspecified Worldwide
LocationsMilitary
Housing Privitization Initiative25,66125,661
FH Ops
ArmyUnspecified Worldwide
LocationsMiscellaneous646646
FH Ops
ArmyUnspecified Worldwide
LocationsServices13,53613,536
FH Ops
ArmyUnspecified Worldwide
LocationsUtilities96,90796,907
Total Family Housing
Operation And Maintenance, Army512,871512,871
Worldwide
Unspecified
FH Con AFUnspecified Worldwide
LocationsImprovements72,09372,093
FH Con AFUnspecified Worldwide
LocationsPlanning and
Design4,2674,267
Total Family Housing
Construction, Air Force76,36076,360
Worldwide
Unspecified
FH Ops AFUnspecified Worldwide
LocationsFurnishings
Account39,47039,470
FH Ops AFUnspecified Worldwide
LocationsHousing
Privatization41,43641,436
FH Ops AFUnspecified Worldwide
LocationsLeasing54,51454,514
FH Ops AFUnspecified Worldwide
LocationsMaintenance
(Rpma Rpmc)110,786110,786
FH Ops AFUnspecified Worldwide
LocationsManagement
Account53,04453,044
FH Ops AFUnspecified Worldwide
LocationsMiscellaneous
Account1,9541,954
FH Ops AFUnspecified Worldwide
LocationsServices
Account16,86216,862
FH Ops AFUnspecified Worldwide
LocationsUtilities
Account70,53270,532
Total Family Housing
Operation And Maintenance, Air Force388,598388,598
Worldwide
Unspecified
FH Con
NavyUnspecified Worldwide
LocationsDesign4,4384,438
FH Con
NavyUnspecified Worldwide
LocationsImprovements68,96968,969
Total Family Housing
Construction, Navy And Marine Corps73,40773,407
Worldwide
Unspecified
FH Ops
NavyUnspecified Worldwide
LocationsFurnishings
Account21,07321,073
FH Ops
NavyUnspecified Worldwide
LocationsLeasing74,96274,962
FH Ops
NavyUnspecified Worldwide
LocationsMaintenance
of Real Property90,12290,122
FH Ops
NavyUnspecified Worldwide
LocationsManagement
Account60,78260,782
FH Ops
NavyUnspecified Worldwide
LocationsMiscellaneous
Account362362
FH Ops
NavyUnspecified Worldwide
LocationsPrivatization
Support Costs27,63427,634
FH Ops
NavyUnspecified Worldwide
LocationsServices
Account20,59620,596
FH Ops
NavyUnspecified Worldwide
LocationsUtilities
Account94,31394,313
Total Family Housing
Operation And Maintenance, Navy And Marine Corps389,844389,844
Worldwide
Unspecified
FH Ops DWUnspecified Worldwide
LocationsFurnishings
Account3,1963,196
FH Ops DWUnspecified Worldwide
LocationsFurnishings
Account6767
FH Ops DWUnspecified Worldwide
LocationsFurnishings
Account2020
FH Ops DWUnspecified Worldwide
LocationsLeasing10,99410,994
FH Ops DWUnspecified Worldwide
LocationsLeasing40,43340,433
FH Ops DWUnspecified Worldwide
LocationsMaintenance
of Real Property311311
FH Ops DWUnspecified Worldwide
LocationsMaintenance
of Real Property7474
FH Ops DWUnspecified Worldwide
LocationsManagement
Account418418
FH Ops DWUnspecified Worldwide
LocationsServices
Account3232
FH Ops DWUnspecified Worldwide
LocationsUtilities
Account288288
FH Ops DWUnspecified Worldwide
LocationsUtilities
Account1212
Total Family Housing
Operation And Maintenance, Defense-Wide55,84555,845
Worldwide
Unspecified
FHIFUnspecified Worldwide
LocationsFamily
Housing Improvement Fund1,7801,780
Total DOD Family Housing
Improvement Fund1,7801,780
Worldwide
Unspecified
BRACBase Realignment & Closure,
ArmyBase Realignment
and Closure180,401180,401
BRACBase Realignment & Closure,
NavyBase Realignment
& Closure108,300108,300
BRACUnspecified Worldwide
LocationsDod BRAC
Activities—Air Force126,376126,376
BRACUnspecified Worldwide
LocationsDon–100:
Planing, Design and Management7,2777,277
BRACUnspecified Worldwide
LocationsDon–101:
Various Locations20,98820,988
BRACUnspecified Worldwide
LocationsDon–138: NAS
Brunswick, ME993993
BRACUnspecified Worldwide
LocationsDon–157: Mcsa
Kansas City, MO4040
BRACUnspecified Worldwide
LocationsDon–172: NWS
Seal Beach, Concord, CA5,7665,766
BRACUnspecified Worldwide
LocationsDon–84: JRB
Willow Grove & Cambria Reg Ap1,2161,216
Total Base Realignment and
Closure—Army451,357451,357
Worldwide
Unspecified
PYSUnspecified
Worldwide LocationsPrior Year Savings—ANG Unspecified Minor Construction0–45,623
PYSUnspecified
Worldwide LocationsPrior Year Savings—Army Bid Savings0–14,000
PYSUnspecified
Worldwide LocationsPrior
Year Savings—Army Planning and Design Fy120–50,000
PYSUnspecified
Worldwide LocationsPrior Year Savings—Defense Wide Bid Savings0–358,400
PYSUnspecified
Worldwide LocationsPrior Year Savings—Defense Wide Unspecified Minor
Construction0–16,470
PYSUnspecified
Worldwide LocationsPrior Year Savings—Navy Bid Savings0–49,920
PYSUnspecified
Worldwide LocationsPrior Year Savings—Section 1013 of the Demonstration Cities and
Metropolitan Development Act of 1966, AS Amended0–50,000
Total Prior Year
Savings0–584,413
Total Military
Construction11,011,63310,055,563
XLVII
DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
4701.
Department of energy
national security programs
SEC. 4701. DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS(In Thousands of Dollars)
ProgramFY
2014 RequestHouse
Authorized
Discretionary
Summary By Appropriation
Energy And Water
Development, And Related Agencies
Appropriation
Summary:
Energy
Programs
Electricity delivery and energy
reliability16,0000
Nuclear Energy94,00094,000
Atomic Energy
Defense Activities
National nuclear
security administration:
Weapons activities7,868,4098,088,409
Defense nuclear
nonproliferation2,140,1422,140,142
Naval reactors1,246,1341,246,134
Office of the
administrator397,784389,784
Total, National nuclear
security administration11,652,46911,864,469
Environmental and
other defense activities:
Defense environmental
cleanup5,316,9094,958,909
Other defense
activities749,080749,080
Total, Environmental &
other defense activities6,065,9895,707,989
Total, Atomic Energy Defense
Activities17,718,45817,572,458
Total, Discretionary
Funding17,828,45817,666,458
Electricity
Delivery & Energy Reliability
Electricity
Delivery & Energy Reliability
Infrastructure security &
energy restoration (HS)16,0000
Nuclear
Energy
Idaho sitewide safeguards and
security94,00094,000
Weapons
Activities
Life extension
programs and major alterations
B61 Life extension
program537,044581,044
W76 Life extension
program235,382245,082
W78/88–1 Life extension
program72,69178,291
W88 ALT 370169,487169,487
Total, Stockpile assessment
and design1,014,6041,073,904
Stockpile
systems
B61 Stockpile
systems83,53683,536
W76 Stockpile
systems47,18747,187
W78 Stockpile
systems54,38154,381
W80 Stockpile
systems50,33050,330
B83 Stockpile
systems54,94860,948
W87 Stockpile
systems101,506101,506
W88 Stockpile
systems62,60062,600
Total, Stockpile
systems454,488460,488
Weapons
dismantlement and disposition
Operations and
maintenance49,26449,264
Stockpile
services
Production support321,416351,016
Research and development
support26,34929,549
R&D certification and
safety191,259209,559
Management, technology, and
production214,187214,187
Plutonium
sustainment156,949166,449
Total, Stockpile
services910,160970,760
Total, Directed stockpile
work2,428,5162,554,416
Campaigns:
Science
campaign
Advanced
certification54,73054,730
Primary assessment
technologies109,231109,231
Dynamic materials
properties116,965116,965
Advanced radiography30,50930,509
Secondary assessment
technologies86,46786,467
Total, Science
campaign397,902397,902
Engineering
campaign
Enhanced surety51,77154,271
Weapon systems engineering
assessment technology23,72723,727
Nuclear
survivability19,50419,504
Enhanced
surveillance54,90958,909
Total, Engineering
campaign149,911156,411
Inertial
confinement fusion ignition and high yield campaign
Ignition80,24580,245
Support of other stockpile
programs15,00115,001
Diagnostics, cryogenics and
experimental support59,89759,897
Pulsed power inertial confinement
fusion5,0245,024
Joint program in high energy
density laboratory plasmas8,1988,198
Facility operations and target
production232,678232,678
Total, Inertial confinement
fusion and high yield campaign401,043401,043
Advanced simulation and computing
campaign564,329564,329
Readiness
Campaign
Component manufacturing
development106,085106,085
Tritium readiness91,69591,695
Total, Readiness
campaign197,780197,780
Total,
Campaigns1,710,9651,717,465
Nuclear
programs
Nuclear operations
capability265,937265,937
Capabilities based
investments39,55839,558
Construction:
12–D–301 TRU waste facilities,
LANL26,72226,722
11–D–801 TA–55 Reinvestment
project Phase 2, LANL30,67930,679
07–D–220 Radioactive liquid waste
treatment facility upgrade project, LANL55,71955,719
06–D–141 PED/Construction, Uranium
Capabilities Replacement Project Y–12325,835325,835
Total,
Construction438,955438,955
Total, Nuclear
programs744,450744,450
Secure
transportation asset
Operations and
equipment122,072122,072
Program direction97,11897,118
Total, Secure transportation
asset219,190219,190
Site
stewardship
Nuclear materials
integration17,67917,679
Corporate project
management13,01713,017
Minority serving institution
partnerships program14,53114,531
Enterprise
infrastructure
Site Operations1,112,4551,112,455
Site Support109,561109,561
Sustainment433,764498,864
Facilities
disposition5,0005,000
Subtotal, Enterprise
infrastructure1,660,7801,725,880
Total, Site
stewardship1,706,0071,771,107
Defense nuclear
security
Operations and
maintenance664,981664,981
Construction:
14–D–710 DAF Argus,
NNSS14,00014,000
Total, Defense nuclear
security678,981678,981
NNSA CIO activities148,441170,941
Legacy contractor
pensions279,597279,597
Subtotal, Weapons
activities7,916,1478,136,147
Adjustments
Use of prior year
balances–47,738–47,738
Total,
Adjustments–47,738–47,738
Total, Weapons
Activities7,868,4098,088,409
Defense Nuclear
Nonproliferation
Defense Nuclear
Nonproliferation Programs
Global threat reduction
initiative424,487447,487
Defense Nuclear
Nonproliferation R&D
Operations and
maintenance388,838388,838
Nonproliferation and international
security141,675141,675
International material protection
and cooperation369,625346,625
Fissile materials
disposition
U.S. surplus
fissile materials disposition
Operations and
maintenance
U.S. plutonium
disposition157,557157,557
U.S. uranium
disposition25,00025,000
Total, Operations and
maintenance182,557182,557
Construction:
99–D–143 Mixed oxide fuel
fabrication facility, Savannah River, SC320,000320,000
Total,
Construction320,000320,000
Total, U.S. surplus fissile
materials disposition502,557502,557
Total, Fissile materials
disposition502,557502,557
Legacy contractor
pensions93,70393,703
Total, Defense Nuclear
Nonproliferation Programs1,920,8851,920,885
Nuclear counterterrorism incident
response program181,293181,293
Counterterrorism and
counterproliferation programs74,66674,666
Subtotal, Defense Nuclear
Nonproliferation2,176,8442,176,844
Adjustments
Use of prior year
balances–36,702–36,702
Total,
Adjustments–36,702–36,702
Total, Defense Nuclear
Nonproliferation2,140,1422,140,142
Naval
Reactors
Naval reactors operations and
infrastructure455,740453,740
Naval reactors
development419,400419,400
Ohio replacement reactor systems
development126,400126,400
S8G Prototype
refueling144,400144,400
Program direction44,40444,404
Construction:
14–D–902 KL Materials
characterization laboratory expansion, KAPL1,0001,000
14–D–901 Spent fuel handling
recapitalization project, NRF45,40045,400
13–D–905 Remote-handled low-level
waste facility, INL21,07321,073
13–D–904 KS Radiological work and
storage building, KSO6002,600
Naval Reactor Facility,
ID1,7001,700
Total,
Construction69,77371,773
Subtotal, Naval
Reactors1,260,1171,260,117
Adjustments:
Use of prior year balances (Naval
reactors)–13,983–13,983
Total, Naval
Reactors1,246,1341,246,134
Office Of The
Administrator
Office of the
administrator397,784389,784
Total, Office Of The
Administrator397,784389,784
Defense
Environmental Cleanup
Closure
sites:
Closure sites
administration4,7024,702
Hanford
site:
River corridor and other cleanup
operations393,634393,634
Central plateau
remediation513,450513,450
Richland community and regulatory
support14,70114,701
Total, Hanford
site921,785921,785
Idaho National
Laboratory:
Idaho cleanup and waste
disposition362,100362,100
Idaho community and regulatory
support2,9102,910
Total, Idaho National
Laboratory365,010365,010
NNSA
sites
Lawrence Livermore National
Laboratory1,4761,476
Nuclear facility D & D
Separations Process Research Unit23,70023,700
Nevada61,89761,897
Sandia National
Laboratories2,8142,814
Los Alamos National
Laboratory219,789219,789
Total, NNSA sites and Nevada
off-sites309,676309,676
Oak Ridge
Reservation:
OR Nuclear facility D &
D73,71673,716
OR cleanup and
disposition115,855115,855
OR reservation community and
regulatory support4,3654,365
Total, Oak Ridge
Reservation193,936193,936
Office of River
Protection:
Waste treatment
and immobilization plant
01–D–416 A-E/ORP-0060 / Major
construction690,000690,000
Tank farm
activities
Rad liquid tank waste
stabilization and disposition520,216520,216
Total, Office of River
protection1,210,2161,210,216
Savannah River
sites:
Savannah River risk management
operations432,491432,491
SR community and regulatory
support11,21011,210
Radioactive
liquid tank waste:
Radioactive liquid tank waste
stabilization and disposition552,560647,560
Construction:
05–D–405 Salt waste processing
facility, Savannah River92,00092,000
Total,
Construction92,00092,000
Total, Radioactive liquid
tank waste644,560739,560
Total, Savannah River
site1,088,2611,183,261
Waste Isolation
Pilot Plant
Waste isolation pilot
plant203,390203,390
Total, Waste Isolation Pilot
Plant203,390203,390
Program direction280,784280,784
Program support17,97917,979
Safeguards and
Security:
Oak Ridge
Reservation18,80018,800
Paducah9,4359,435
Portsmouth8,5788,578
Richland/Hanford
Site69,07869,078
Savannah River Site121,196121,196
Waste Isolation Pilot
Project4,9774,977
West Valley2,0152,015
Technology
development24,09134,091
Subtotal, Defense
environmental cleanup4,853,9094,958,909
Uranium enrichment D&D fund
contribution463,0000
Total, Defense Environmental
Cleanup5,316,9094,958,909
Other Defense
Activities
Health, safety
and security
Health, safety and
security143,616143,616
Program direction108,301108,301
Total, Health, safety and
security251,917251,917
Specialized security
activities196,322196,322
Office of Legacy
Management
Legacy management163,271163,271
Program direction13,71213,712
Total, Office of Legacy
Management176,983176,983
Defense-related
activities
Defense related
administrative support
Chief financial
officer38,97938,979
Chief information
officer79,85779,857
Total, Defense related
administrative support118,836118,836
Office of hearings and
appeals5,0225,022
Subtotal, Other defense
activities749,080749,080
Total, Other Defense
Activities749,080749,080
E
Federal
Information Technology Acquisition Reform Act
5001.
Short
title
This division may be
cited as the Federal Information
Technology Acquisition Reform Act.
5002.
Table of
contents
The table of contents
for this division is as follows:
Sec. 5001. Short title.
Sec. 5002. Table of contents.
Sec. 5003. Definitions.
Title LI—Management of Information Technology Within Federal
Government
Sec. 5101. Increased authority of agency Chief Information
Officers over information technology.
Sec. 5102. Lead coordination role of Chief Information Officers
Council.
Sec. 5103. Reports by Government Accountability
Office.
Title LII—Data Center Optimization
Sec. 5201. Purpose.
Sec. 5202. Definitions.
Sec. 5203. Federal data center optimization
initiative.
Sec. 5204. Performance requirements related to data center
consolidation.
Sec. 5205. Cost savings related to data center
optimization.
Sec. 5206. Reporting requirements to Congress and the Federal
Chief Information Officer.
Title LIII—Elimination of Duplication and Waste in Information
Technology Acquisition
Sec. 5301. Inventory of information technology
assets.
Sec. 5302. Website consolidation and transparency.
Sec. 5303. Transition to the cloud.
Sec. 5304. Elimination of unnecessary duplication of contracts
by requiring business case analysis.
Title LIV—Strengthening and Streamlining Information Technology
Acquisition Management Practices
Subtitle A—Strengthening and Streamlining IT Program
Management Practices
Sec. 5401. Establishment of Federal infrastructure and common
application collaboration center.
Sec. 5402. Designation of Assisted Acquisition Centers of
Excellence.
Subtitle B—Strengthening IT Acquisition Workforce
Sec. 5411. Expansion of training and use of information
technology acquisition cadres.
Sec. 5412. Plan on strengthening program and project management
performance.
Sec. 5413. Personnel awards for excellence in the acquisition
of information systems and information technology.
Title LV—Additional Reforms
Sec. 5501. Maximizing the benefit of the Federal Strategic
Sourcing Initiative.
Sec. 5502. Promoting transparency of blanket purchase
agreements.
Sec. 5503. Additional source selection technique in
solicitations.
Sec. 5504. Enhanced transparency in information technology
investments.
Sec. 5505. Enhanced communication between Government and
industry.
Sec. 5506. Clarification of current law with respect to
technology neutrality in acquisition of software.
5003.
Definitions
In this division:
(1)
Chief
acquisition officers council
The term Chief Acquisition
Officers Council means the Chief Acquisition Officers Council
established by section 1311(a) of title 41, United
States Code.
(2)
Chief
information officer
The term Chief Information
Officer means a Chief Information Officer (as designated under
section
3506(a)(2) of title 44, United States Code) of an agency listed
in section
901(b) of title 31, United States Code.
(3)
Chief
information officers council
The term Chief Information
Officers Council or CIO Council means the Chief
Information Officers Council established by
section
3603(a) of title 44, United States Code.
(4)
Director
The
term Director means the Director of the Office of Management and
Budget.
(5)
Federal
agency
The term Federal agency means each agency
listed in section
901(b) of title 31, United States Code.
(6)
Federal Chief
Information Officer
The term Federal Chief Information
Officer means the Administrator of the Office of Electronic Government
established under section 3602 of title 44, United
States Code.
(7)
Information
technology or it
The term information technology
or IT has the meaning provided in
section
11101(6) of title 40, United States Code.
(8)
Relevant
congressional committees
The term relevant congressional
committees means each of the following:
(A) The Committee on
Oversight and Government Reform and the Committee on Armed Services of the
House of Representatives.
(B) The Committee on
Homeland Security and Governmental Affairs and the Committee on Armed Services
of the Senate.
LI
Management of
Information Technology Within Federal Government
5101.
Increased
authority of agency Chief Information Officers over information
technology
(a)
Presidential
appointment of CIOs of certain agencies
(1)
In
general
Section 11315 of title 40, United
States Code, is amended—
(A) by redesignating
subsection (a) as subsection (e) and moving such subsection to the end of the
section; and
(B) by inserting
before subsection (b) the following new subsection (a):
(a)
Presidential
appointment or designation of certain chief information officers
(1)
In
general
There shall be within each agency listed in
section
901(b)(1) of title 31, other than the Department of Defense, an
agency Chief Information Officer. Each agency Chief Information Officer
shall—
(A)
(i) be appointed by the
President; or
(ii) be designated by the President, in
consultation with the head of the agency; and
(B) be appointed or
designated, as applicable, from among individuals who possess demonstrated
ability in general management of, and knowledge of and extensive practical
experience in, information technology management practices in large
governmental or business entities.
(2)
Responsibilities
An
agency Chief Information Officer appointed or designated under this section
shall report directly to the head of the agency and carry out, on a full-time
basis, responsibilities as set forth in this section and in
section
3506(a) of title 44 for Chief Information Officers designated
under paragraph (2) of such
section.
.
(2)
Conforming
amendment
Section 3506(a)(2)(A) of title 44,
United States Code, is amended by inserting after each agency
the following: , other than an agency with a Presidentially appointed or
designated Chief Information Officer as provided in
section
11315(a)(1) of title 40,.
(b)
Authority
relating to budget and personnel
Section 11315 of title 40, United
States Code, is further amended by inserting after subsection (c) the following
new subsection:
(d)
Additional
authorities for certain CIOs
(1)
Budget-related
authority
(A)
Planning
The
head of each agency listed in section
901(b)(1) or
901(b)(2) of title 31, other than
the Department of Defense, shall ensure that the Chief Information Officer of
the agency has the authority to participate in decisions regarding the budget
planning process related to information technology or programs that include
significant information technology components.
(B)
Allocation
Amounts
appropriated for any agency listed in section
901(b)(1) or
901(b)(2) of title 31, other than
the Department of Defense, for any fiscal year that are available for
information technology shall be allocated within the agency, consistent with
the provisions of appropriations Acts and budget guidelines and recommendations
from the Director of the Office of Management and Budget, in such manner as may
be specified by, or approved by, the Chief Information Officer of the agency in
consultation with the Chief Financial Officer of the agency and budget
officials.
(2)
Personnel-related
authority
The head of each agency listed in section
901(b)(1) or
901(b)(2) of title 31, other than
the Department of Defense, shall ensure that the Chief Information Officer of
the agency has the authority necessary to approve the hiring of personnel who
will have information technology responsibilities within the agency and to
require that such personnel have the obligation to report to the Chief
Information Officer in a manner considered sufficient by the Chief Information
Officer.
.
(c)
Single chief
information officer in each agency
(1)
Requirement
Section 3506(a)(3)
of title 44, United States Code, is amended—
(A) by inserting
(A) after (3); and
(B) by adding at the
end the following new subparagraph:
(B) Each agency shall
have only one individual with the title and designation of Chief
Information Officer. Any bureau, office, or subordinate organization
within the agency may designate one individual with the title Deputy
Chief Information Officer, Associate Chief Information
Officer, or Assistant Chief Information
Officer.
.
(2)
Effective
date
Section 3506(a)(3)(B) of title 44,
United States Code, as added by paragraph (1), shall take effect as of October
1, 2014. Any individual serving in a position affected by such section before
such date may continue in that position if the requirements of such section are
fulfilled with respect to that individual.
5102.
Lead
coordination role of Chief Information Officers Council
(a)
Lead
coordination role
Subsection (d) of
section
3603 of title 44, United States Code, is amended to read as
follows:
(d)
Lead interagency
forum
(1)
In
general
The Council is designated the lead interagency forum for
improving agency coordination of practices related to the design, development,
modernization, use, operation, sharing, performance, and review of Federal
Government information resources investment. As the lead interagency forum, the
Council shall develop cross-agency portfolio management practices to allow and
encourage the development of cross-agency shared services and shared platforms.
The Council shall also issue guidelines and practices for infrastructure and
common information technology applications, including expansion of the Federal
Enterprise Architecture process if appropriate. The guidelines and practices
may address broader transparency, common inputs, common outputs, and outcomes
achieved. The guidelines and practices shall be used as a basis for comparing
performance across diverse missions and operations in various agencies.
(2)
Report
Not
later than December 1 in each of the 6 years following the date of the
enactment of this paragraph, the Council shall submit to the relevant
congressional committees a report (to be known as the CIO Council
Report) summarizing the Council’s activities in the preceding fiscal
year and containing such recommendations for further congressional action to
fulfill its mission as the Council considers appropriate.
(3)
Relevant
congressional committees
For purposes of the report required by
paragraph (2), the relevant congressional committees are each of the
following:
(A) The Committee on
Oversight and Government Reform and the Committee on Armed Services of the
House of Representatives.
(B) The Committee on
Homeland Security and Governmental Affairs and the Committee on Armed Services
of the
Senate.
.
(b)
Additional
function
Subsection (f) of section 3603 of such title is amended
by adding at the end the following new paragraph:
(8) Assist the
Administrator in developing and providing guidance for effective operations of
the Federal Infrastructure and Common Application Collaboration Center
established under section 11501 of title
40.
.
(c)
References to
Administrator of E-Government as Federal Chief Information Officer
(1)
References
Section 3602(b) of
title 44, United States Code, is amended by adding at the end the following:
The Administrator may also be referred to as the Federal Chief
Information Officer..
(2)
Definition
Section
3601(1) of such title is amended by inserting or Federal Chief
Information Officer before means.
5103.
Reports by
Government Accountability Office
(a)
Requirement to
examine effectiveness
The Comptroller General of the United
States shall examine the effectiveness of the Chief Information Officers
Council in meeting its responsibilities under
section
3603(d) of title 44, United States Code, as added by section
5102, with particular focus on—
(1) whether agencies
are actively participating in the Council and heeding the Council’s advice and
guidance; and
(2) whether the
Council is actively using and developing the capabilities of the Federal
Infrastructure and Common Application Collaboration Center created under
section
11501 of title 40, United States Code, as added by section
5401.
(b)
Reports
Not
later than 1 year, 3 years, and 5 years after the date of the enactment of this
Act, the Comptroller General shall submit to the relevant congressional
committees a report containing the findings and recommendations of the
Comptroller General from the examination required by subsection (a).
LII
Data Center
Optimization
5201.
Purpose
The purpose of this title is to optimize
Federal data center usage and efficiency.
5202.
Definitions
In this title:
(1)
Federal data
center optimization initiative
The term Federal Data
Center Optimization Initiative or the Initiative means
the initiative developed and implemented by the Director, through the Federal
Chief Information Officer, as required under section 5203.
(2)
Covered
agency
The term covered agency means any agency
included in the Federal Data Center Optimization Initiative.
(3)
Data
center
The term data center means a closet, room,
floor, or building for the storage, management, and dissemination of data and
information, as defined by the Federal Chief Information Officer under guidance
issued pursuant to this section.
(4)
Federal data
center
The term Federal data center means any data
center of a covered agency used or operated by a covered agency, by a
contractor of a covered agency, or by another organization on behalf of a
covered agency.
(5)
Server
utilization
The term server utilization refers to
the activity level of a server relative to its maximum activity level,
expressed as a percentage.
(6)
Power usage
effectiveness
The term power usage effectiveness
means the ratio obtained by dividing the total amount of electricity and other
power consumed in running a data center by the power consumed by the
information and communications technology in the data center.
5203.
Federal data
center optimization initiative
(a)
Requirement for
initiative
The Federal Chief Information Officer, in consultation
with the chief information officers of covered agencies, shall develop and
implement an initiative, to be known as the Federal Data Center Optimization
Initiative, to optimize the usage and efficiency of Federal data centers by
meeting the requirements of this division and taking additional measures, as
appropriate.
(b)
Requirement for
plan
Within 6 months after the date of the enactment of this Act,
the Federal Chief Information Officer, in consultation with the chief
information officers of covered agencies, shall develop and submit to Congress
a plan for implementation of the Initiative required by subsection (a) by each
covered agency. In developing the plan, the Federal Chief Information Officer
shall take into account the findings and recommendations of the Comptroller
General review required by section 5205(e).
(c)
Matters
covered
The plan shall include—
(1) descriptions of
how covered agencies will use reductions in floor space, energy use,
infrastructure, equipment, applications, personnel, increases in
multiorganizational use, server virtualization, cloud computing, and other
appropriate methods to meet the requirements of the initiative; and
(2) appropriate
consideration of shifting Federally owned data centers to commercially owned
data centers.
5204.
Performance
requirements related to data center consolidation
(a)
Server
utilization
Each covered agency may use the following methods to
achieve the maximum server utilization possible as determined by the Federal
Chief Information Officer:
(1) The closing of
existing data centers that lack adequate server utilization, as determined by
the Federal Chief Information Officer. If the agency fails to close such data
centers, the agency shall provide a detailed explanation as to why this data
center should remain in use as part of the submitted plan. The Federal Chief
Information Officer shall include an assessment of the agency explanation in
the annual report to Congress.
(2) The consolidation
of services within existing data centers to increase server utilization
rates.
(3) Any other method
that the Federal Chief Information Officer, in consultation with the chief
information officers of covered agencies, determines necessary to optimize
server utilization.
(b)
Power usage
effectiveness
Each covered agency may use the following methods
to achieve the maximum energy efficiency possible as determined by the Federal
Chief Information Officer:
(1) The use of the
measurement of power usage effectiveness to calculate data center energy
efficiency.
(2) The use of power
meters in data centers to frequently measure power consumption over
time.
(3) The establishment
of power usage effectiveness goals for each data center.
(4) The adoption of
best practices for managing—
(A) temperature and
airflow in data centers; and
(B) power supply
efficiency.
(5) The implementation
of any other method that the Federal Chief Information Officer, in consultation
with the Chief Information Officers of covered agencies, determines necessary
to optimize data center energy efficiency.
5205.
Cost savings
related to data center optimization
(a)
Requirement to
track costs
(1)
In
general
Each covered agency shall track costs resulting from
implementation of the Federal Data Center Optimization Initiative within the
agency and submit a report on those costs annually to the Federal Chief
Information Officer. Covered agencies shall determine the net costs from data
consolidation on an annual basis.
(2)
Factors
In
calculating net costs each year under paragraph (1), a covered agency shall use
the following factors:
(A) Energy
costs.
(B) Personnel
costs.
(C) Real estate
costs.
(D) Capital expense
costs.
(E) Maintenance and
support costs such as operating subsystem, database, hardware, and software
license expense costs.
(F) Other appropriate
costs, as determined by the agency in consultation with the Federal Chief
Information Officer.
(b)
Requirement to
track savings
(1)
In
general
Each covered agency shall track savings resulting from
implementation of the Federal Data Center Optimization Initiative within the
agency and submit a report on those savings annually to the Federal Chief
Information Officer. Covered agencies shall determine the net savings from data
consolidation on an annual basis.
(2)
Factors
In
calculating net savings each year under paragraph (1), a covered agency shall
use the following factors:
(A) Energy
savings.
(B) Personnel
savings.
(C) Real estate
savings.
(D) Capital expense
savings.
(E) Maintenance and
support savings such as operating subsystem, database, hardware, and software
license expense savings.
(F) Other appropriate
savings, as determined by the agency in consultation with the Federal Chief
Information Officer.
(c)
Requirement to
use cost-effective measures
Covered agencies shall use the most
cost-effective measures to implement the Federal Data Center Optimization
Initiative.
(d)
Use of
savings
Subject to appropriations, any savings resulting from
implementation of the Federal Data Center Optimization Initiative within a
covered agency shall be used for the following purposes:
(1) To offset the
costs of implementing the Initiative within the agency.
(2) To further enhance
information technology capabilities and services within the agency.
(e)
Government
accountability office review
Not later than 3 months after the
date of the enactment of this Act, the Comptroller General of the United States
shall examine methods for calculating savings from the Initiative and using
them for the purposes identified in subsection (d), including establishment and
use of a special revolving fund that supports data centers and server
optimization, and shall submit to the Federal Chief Information Officer and
Congress a report on the Comptroller General’s findings and
recommendations.
5206.
Reporting
requirements to Congress and the Federal Chief Information Officer
(a)
Agency
requirement to report to CIO
Each year, each covered agency shall
submit to the Federal Chief Information Officer a report on the implementation
of the Federal Data Center Optimization Initiative, including savings resulting
from such implementation. The report shall include an update of the agency’s
plan for implementing the Initiative.
(b)
Federal chief
information officer requirement to report to congress
Each year,
the Federal Chief Information Officer shall submit to the relevant
congressional committees a report that assesses agency progress in carrying out
the Federal Data Center Optimization Initiative and updates the plan under
section 5203. The report may be included as part of the annual report required
under section
3606 of title 44, United States Code.
LIII
Elimination of
Duplication and Waste in Information Technology Acquisition
5301.
Inventory of
information technology assets
(a)
Plan
The
Director shall develop a plan for conducting a Governmentwide inventory of
information technology assets.
(b)
Matters
covered
The plan required by subsection (a) shall cover the
following:
(1) The manner in
which Federal agencies can achieve the greatest possible economies of scale and
cost savings in the procurement of information technology assets, through
measures such as reducing hardware or software products or services that are
duplicative or overlapping and reducing the procurement of new software
licenses until such time as agency needs exceed the number of existing and
unused licenses.
(2) The capability to
conduct ongoing Governmentwide inventories of all existing software licenses on
an application-by-application basis, including duplicative, unused, overused,
and underused licenses, and to assess the need of agencies for software
licenses.
(3) A
Governmentwide spending analysis to provide knowledge about how much is being
spent for software products or services to support decisions for strategic
sourcing under the Federal strategic sourcing program managed by the Office of
Federal Procurement Policy.
(c)
Other
inventories
In developing the plan required by subsection (a),
the Director shall review the inventory of information systems maintained by
each agency under section 3505(c) of title 44, United
States Code, and the inventory of information resources maintained by each
agency under section 3506(b)(4) of such title.
(d)
Availability
The
inventory of information technology assets shall be available to Chief
Information Officers and such other Federal officials as the Chief Information
Officers may, in consultation with the Chief Information Officers Council,
designate.
(e)
Deadline and
submission to congress
Not later than 180 days after the date of
the enactment of this Act, the Director shall complete and submit to Congress
the plan required by subsection (a).
(f)
Implementation
Not
later than two years after the date of the enactment of this Act, the Director
shall complete implementation of the plan required by subsection (a).
(g)
Review by
comptroller general
Not later than two years after the date of
the enactment of this Act, the Comptroller General of the United States shall
review the plan required by subsection (a) and submit to the relevant
congressional committees a report on the review.
5302.
Website
consolidation and transparency
(a)
Website
consolidation
The Director shall—
(1) in consultation
with Federal agencies, and after reviewing the directory of public Federal
Government websites of each agency (as required to be established and updated
under section 207(f)(3) of the E-Government Act of 2002 (Public Law
107–347;
44 U.S.C.
3501 note)), assess all the publicly available websites of
Federal agencies to determine whether there are duplicative or overlapping
websites; and
(2) require Federal
agencies to eliminate or consolidate those websites that are duplicative or
overlapping.
(b)
Website
transparency
The Director shall issue guidance to Federal
agencies to ensure that the data on publicly available websites of the agencies
are open and accessible to the public.
(c)
Matters
covered
In preparing the guidance required by subsection (b), the
Director shall—
(1) develop
guidelines, standards, and best practices for interoperability and
transparency;
(2) identify
interfaces that provide for shared, open solutions on the publicly available
websites of the agencies; and
(3) ensure that
Federal agency Internet home pages, web-based forms, and web-based applications
are accessible to individuals with disabilities in conformance with section 508
of the Rehabilitation Act of 1973 (29 U.S.C.
794d).
(d)
Deadline for
guidance
The guidance required by subsection (b) shall be issued
not later than 180 days after the date of the enactment of this Act.
5303.
Transition to
the cloud
(a)
Sense of
congress
It is the sense of Congress that transition to cloud
computing offers significant potential benefits for the implementation of
Federal information technology projects in terms of flexibility, cost, and
operational benefits.
(b)
Governmentwide
application
In assessing cloud computing opportunities, the Chief
Information Officers Council shall define policies and guidelines for the
adoption of Governmentwide programs providing for a standardized approach to
security assessment and operational authorization for cloud products and
services.
(c)
Additional
budget authorities for transition
In transitioning to the cloud,
a Chief Information Officer of an agency listed in
section
901(b) of title 31, United States Code, may establish such
cloud service Working Capital Funds, in consultation with the Chief Financial
Officer of the agency, as may be necessary to transition to cloud-based
solutions. Notwithstanding any other provision of law, such cloud service
Working Capital Funds may preserve funding for cloud service transitions for a
period not to exceed 5 years per appropriation. Any establishment of a new
Working Capital Fund under this subsection shall be reported to the Committees
on Appropriations of the House of Representatives and the Senate and relevant
Congressional committees.
5304.
Elimination of
unnecessary duplication of contracts by requiring business case
analysis
(a)
Purpose
The
purpose of this section is to leverage the Government’s buying power and
achieve administrative efficiencies and cost savings by eliminating unnecessary
duplication of contracts.
(b)
Requirement for
business case approval
(1)
In
general
Effective on and after 180 days after the date of the
enactment of this Act, an executive agency may not issue a solicitation for a
covered contract vehicle unless the agency performs a business case analysis
for the contract vehicle and obtains an approval of the business case analysis
from the Administrator for Federal Procurement Policy.
(2)
Review of
business case analysis
(A)
In
general
With respect to any covered contract vehicle, the
Administrator for Federal Procurement Policy shall review the business case
analysis submitted for the contract vehicle and provide an approval or
disapproval within 60 days after the date of submission. Any business case
analysis not disapproved within such 60-day period is deemed to be
approved.
(B)
Basis for
approval of business case
The Administrator for Federal
Procurement Policy shall approve or disapprove a business case analysis based
on the adequacy of the analysis submitted. The Administrator shall give primary
consideration to whether an agency has demonstrated a compelling need that
cannot be satisfied by existing Governmentwide contract vehicles in a timely
and cost-effective manner.
(3)
Content of
business case analysis
The Administrator for Federal Procurement
Policy shall issue guidance specifying the content for a business case analysis
submitted pursuant to this section. At a minimum, the business case analysis
shall include details on the administrative resources needed for such contract
vehicle, including an analysis of all direct and indirect costs to the Federal
Government of awarding and administering such contract vehicle and the impact
such contract vehicle will have on the ability of the Federal Government to
leverage its purchasing power.
(c)
Definitions
(1)
Covered contract
vehicle
The term covered contract vehicle has the
meaning provided by the Administrator for Federal Procurement Policy in
guidance issued pursuant to this section and includes, at a minimum, any
Governmentwide contract vehicle , whether for acquisition of information
technology or other goods or services, in an amount greater than $50,000,000
(or $10,000,000, determined on an average annual basis, in the case of such a
contract vehicle performed over more than one year). The term does not include
a multiple award schedule contract awarded by the General Services
Administration, a Governmentwide acquisition contract for information
technology awarded pursuant to sections
11302(e) and
11314(a)(2) of title 40, United
States Code, or orders against existing Governmentwide contract
vehicles.
(2)
Governmentwide
contract vehicle and executive agency
The terms
Governmentwide contract vehicle and executive
agency have the meanings provided in
section
11501 of title 40, United States Code, as added by section
5401.
(d)
Report
Not
later than June 1 in each of the next 6 years following the date of the
enactment of this Act, the Administrator for Federal Procurement Policy shall
submit to the relevant congressional committees a report on the implementation
of this section, including a summary of the submissions, reviews, approvals,
and disapprovals of business case analyses pursuant to this section.
(e)
Guidance
The
Administrator for Federal Procurement Policy shall issue guidance for
implementing this section.
(f)
Revision of
far
Not later than 180 days after the date of the enactment of
this Act, the Federal Acquisition Regulation shall be amended to implement this
section.
LIV
Strengthening
and Streamlining Information Technology Acquisition Management
Practices
A
Strengthening and
Streamlining IT Program Management Practices
5401.
Establishment
of Federal infrastructure and common application collaboration center
(a)
Establishment
(1)
In
general
Chapter 115 of title 40,
United States Code, is amended to read as follows:
115
Information
Technology Acquisition Management Practices
Sec.
11501. Federal infrastructure and common
application collaboration center.
11501.
Federal
infrastructure and common application collaboration center
(a)
Establishment
and purposes
The Director of the Office of Management and Budget
shall establish a Federal Infrastructure and Common Application Collaboration
Center (hereafter in this section referred to as the Collaboration
Center) within the Office of Electronic Government established under
section
3602 of title 44 in accordance with this section. The purposes
of the Collaboration Center are to serve as a focal point for coordinated
program management practices and to develop and maintain requirements for the
acquisition of IT infrastructure and common applications commonly used by
various Federal agencies.
(b)
Organization of
center
(1)
Membership
The
Center shall consist of the following members:
(A) An appropriate
number, as determined by the CIO Council, but not less than 12, full-time
program managers or cost specialists, all of whom have appropriate experience
in the private or Government sector in managing or overseeing acquisitions of
IT infrastructure and common applications.
(B) At least 1
full-time detailee from each of the Federal agencies listed in
section
901(b) of title 31, nominated by the respective agency chief
information officer for a detail period of not less than 2 years.
(2)
Working
groups
The Collaboration Center shall have working groups that
specialize in IT infrastructure and common applications identified by the CIO
Council. Each working group shall be headed by a separate dedicated program
manager appointed by the Federal Chief Information Officer.
(c)
Capabilities and
functions of the collaboration center
For each of the IT
infrastructure and common application areas identified by the CIO Council, the
Collaboration Center shall perform the following roles, and any other functions
as directed by the Federal Chief Information Officer:
(1) Develop, maintain,
and disseminate requirements suitable to establish contracts that will meet the
common and general needs of various Federal agencies as determined by the
Center. In doing so, the Center shall give maximum consideration to the
adoption of commercial standards and industry acquisition best practices,
including opportunities for shared services, consideration of total cost of
ownership, preference for industry-neutral functional specifications leveraging
open industry standards and competition, and use of long-term contracts, as
appropriate.
(2) Develop, maintain,
and disseminate reliable cost estimates that are accurate, comprehensive,
well-documented, and credible.
(3) Lead the review of
significant or troubled IT investments or acquisitions as identified by the CIO
Council.
(4) Provide expert aid
to troubled IT investments or acquisitions.
(d)
Guidance
The
Director, in consultation with the Chief Information Officers Council, shall
issue guidance addressing the scope and operation of the Collaboration Center.
The guidance shall require that the Collaboration Center report to the Federal
Chief Information Officer.
(e)
Report to
congress
(1)
In
general
The Director shall annually submit to the relevant
congressional committees a report detailing the organization, staff, and
activities of the Collaboration Center, including—
(A) a list of IT
infrastructure and common applications the Center assisted;
(B) an assessment of
the Center’s achievement in promoting efficiency, shared services, and
elimination of unnecessary Government requirements that are contrary to
commercial best practices; and
(C) the use and
expenditure of amounts in the Fund established under subsection (i).
(2)
Inclusion in
other report
The report may be included as part of the annual
E-Government status report required under
section
3606 of title 44.
(f)
Improvement of
the governmentwide software purchasing program
(1)
In
general
The Collaboration Center, in collaboration with the
Office of Federal Procurement Policy, the Department of Defense, and the
General Services Administration, shall identify and develop a strategic
sourcing initiative to enhance Governmentwide acquisition, shared use, and
dissemination of software, as well as compliance with end user license
agreements.
(2)
Examination of
methods
In developing the initiative under paragraph (1), the
Collaboration Center shall examine the use of realistic and effective demand
aggregation models supported by actual agency commitment to use the models, and
supplier relationship management practices, to more effectively govern the
Government’s acquisition of information technology.
(3)
Governmentwide
user license agreement
The Collaboration Center, in developing
the initiative under paragraph (1), shall allow for the purchase of a license
agreement that is available for use by all executive agencies as one user to
the maximum extent practicable and as appropriate.
(g)
Guidelines for
acquisition of it infrastructure and common applications
(1)
Guidelines
The
Collaboration Center shall establish guidelines that, to the maximum extent
possible, eliminate inconsistent practices among executive agencies and ensure
uniformity and consistency in acquisition processes for IT infrastructure and
common applications across the Federal Government.
(2)
Central
website
In preparing the guidelines, the Collaboration Center, in
consultation with the Chief Acquisition Officers Council, shall offer executive
agencies the option of accessing a central website for best practices,
templates, and other relevant information.
(h)
Pricing
transparency
The Collaboration Center, in collaboration with the
Office of Federal Procurement Policy, the Chief Acquisition Officers Council,
the General Services Administration, and the Assisted Acquisition Centers of
Excellence, shall compile a price list and catalogue containing current pricing
information by vendor for each of its IT infrastructure and common applications
categories. The price catalogue shall contain any price provided by a vendor
for the same or similar good or service to any executive agency. The catalogue
shall be developed in a fashion ensuring that it may be used for pricing
comparisons and pricing analysis using standard data formats. The price
catalogue shall not be made public, but shall be accessible to executive
agencies.
(i)
Federal it
acquisition management improvement fund
(1)
Establishment
and management of fund
There is a Federal IT Acquisition
Management Improvement Fund (in this subsection referred to as the
Fund). The Administrator of General Services shall manage the
Fund through the Collaboration Center to support the activities of the
Collaboration Center carried out pursuant to this section. The Administrator of
General Services shall consult with the Director in managing the Fund.
(2)
Credits to
fund
Five percent of the fees collected by executive agencies
under the following contracts shall be credited to the Fund:
(A) Governmentwide
task and delivery order contracts entered into under sections
4103
and 4105 of title 41.
(B) Governmentwide
contracts for the acquisition of information technology and multiagency
acquisition contracts for that technology authorized by section 11314 of this
title.
(C) Multiple-award
schedule contracts entered into by the Administrator of General
Services.
(3)
Remittance by
head of executive agency
The head of an executive agency that
administers a contract described in paragraph (2) shall remit to the General
Services Administration the amount required to be credited to the Fund with
respect to the contract at the end of each quarter of the fiscal year.
(4)
Amounts not to
be used for other purposes
The Administrator of General Services,
through the Office of Management and Budget, shall ensure that amounts
collected under this subsection are not used for a purpose other than the
activities of the Collaboration Center carried out pursuant to this
section.
(5)
Availability of
amounts
Amounts credited to the Fund remain available to be
expended only in the fiscal year for which they are credited and the 4
succeeding fiscal years.
(j)
Definitions
In
this section:
(1)
Executive
agency
The term executive agency has the meaning
provided that term by section 105 of title 5.
(2)
Federal Chief
Information Officer
The term Federal Chief Information
Officer means the Administrator of the Office of Electronic Government
established under section 3602 of title 44.
(3)
Governmentwide
contract vehicle
The term Governmentwide contract
vehicle means any contract, blanket purchase agreement, or other
contractual instrument that allows for an indefinite number of orders to be
placed within the contract, agreement, or instrument, and that is established
by one executive agency for use by multiple executive agencies to obtain
supplies and services.
(4)
Relevant
congressional committees
The term relevant congressional
committees means each of the following:
(A) The Committee on
Oversight and Government Reform and the Committee on Armed Services of the
House of Representatives.
(B) The Committee on
Homeland Security and Governmental Affairs and the Committee on Armed Services
of the Senate.
(k)
Revision of
far
The Federal Acquisition Regulation shall be amended to
implement this
section.
.
(2)
Clerical
amendment
The item relating to chapter 115 in the table of
chapters at the beginning of subtitle III of title 40, United States Code, is
amended to read as follows:
115.Information Technology Acquisition Management Practices
11501
.
(b)
Deadlines
(1) Not later than 180
days after the date of the enactment of this Act, the Director shall issue
guidance under section 11501(d) of title 40,
United States Code, as added by subsection (a).
(2) Not later than 1
year after the date of the enactment of this Act, the Director shall establish
the Federal Infrastructure and Common Application Collaboration Center, in
accordance with section 11501(a) of such title, as so added.
(3) Not later than 2
years after the date of the enactment of this Act, the Federal Infrastructure
and Common Application Collaboration Center shall—
(A) identify and
develop a strategic sourcing initiative in accordance with section 11501(f) of
such title, as so added; and
(B) establish
guidelines in accordance with section 11501(g) of such title, as so
added.
(c)
Conforming
amendment
Section 3602(c) of title 44, United
States Code, is amended—
(1) by striking
and at the end of paragraph (2);
(2) by redesignating
paragraph (3) as paragraph (4); and
(3) by inserting after
paragraph (2) the following new paragraph (3):
(3) all of the functions of the Federal
Infrastructure and Common Application Collaboration Center, as required under
section
11501 of title 40;
and
.
5402.
Designation of
Assisted Acquisition Centers of Excellence
(a)
Designation
Chapter
115 of title 40, United States Code, as amended by section
5401, is further amended by adding at the end the following new section:
11502.
Assisted
Acquisition Centers of Excellence
(a)
Purpose
The
purpose of this section is to develop specialized assisted acquisition centers
of excellence within the Federal Government to promote—
(1) the effective use
of best acquisition practices;
(2) the development of
specialized expertise in the acquisition of information technology; and
(3) Governmentwide
sharing of acquisition capability to augment any shortage in the information
technology acquisition workforce.
(b)
Designation of
AACEs
Not later than 1 year after the date of the enactment of
this section, and every 3 years thereafter, the Director of the Office of
Management and Budget, in consultation with the Chief Acquisition Officers
Council and the Chief Information Officers Council, shall designate,
redesignate, or withdraw the designation of acquisition centers of excellence
within various executive agencies to carry out the functions set forth in
subsection (c) in an area of specialized acquisition expertise as determined by
the Director. Each such center of excellence shall be known as an
Assisted Acquisition Center of Excellence or an
AACE.
(c)
Functions
The
functions of each AACE are as follows:
(1)
Best
practices
To promote, develop, and implement the use of best
acquisition practices in the area of specialized acquisition expertise that the
AACE is designated to carry out by the Director under subsection (b).
(2)
Assisted
acquisitions
To assist all Government agencies in the expedient
and low-cost acquisition of the information technology goods or services
covered by such area of specialized acquisition expertise by engaging in
repeated and frequent acquisition of similar information technology
requirements.
(3)
Development and
training of it acquisition workforce
To assist in recruiting and
training IT acquisition cadres (referred to in
section
1704(j) of title 41).
(d)
Criteria
In
designating, redesignating, or withdrawing the designation of an AACE, the
Director shall consider, at a minimum, the following matters:
(1) The subject matter
expertise of the host agency in a specific area of information technology
acquisition.
(2) For acquisitions
of IT infrastructure and common applications covered by the Federal
Infrastructure and Common Application Collaboration Center established under
section 11501 of this title, the ability and willingness to collaborate with
the Collaboration Center and adhere to the requirements standards established
by the Collaboration Center.
(3) The ability of an
AACE to develop customized requirements documents that meet the needs of
executive agencies as well as the current industry standards and commercial
best practices.
(4) The ability of an
AACE to consistently award and manage various contracts, task or delivery
orders, and other acquisition arrangements in a timely, cost-effective, and
compliant manner.
(5) The ability of an
AACE to aggregate demands from multiple executive agencies for similar
information technology goods or services and fulfill those demands in one
acquisition.
(6) The ability of an
AACE to acquire innovative or emerging commercial and noncommercial
technologies using various contracting methods, including ways to lower the
entry barriers for small businesses with limited Government contracting
experiences.
(7) The ability of an
AACE to maximize commercial item acquisition, effectively manage high-risk
contract types, increase competition, promote small business participation, and
maximize use of available Governmentwide contract vehicles.
(8) The existence of
an in-house cost estimating group with expertise to consistently develop
reliable cost estimates that are accurate, comprehensive, well-documented, and
credible.
(9) The ability of an
AACE to employ best practices and educate requesting agencies, to the maximum
extent practicable, regarding critical factors underlying successful major IT
acquisitions, including the following factors:
(A) Active engagement
by program officials with stakeholders.
(B) Possession by
program staff of the necessary knowledge and skills.
(C) Support of the
programs by senior department and agency executives.
(D) Involvement by end
users and stakeholders in the development of requirements.
(E) Participation by
end users in testing of system functionality prior to formal end user
acceptance testing.
(F) Stability and
consistency of Government and contractor staff.
(G) Prioritization of
requirements by program staff.
(H) Maintenance of
regular communication with the prime contractor by program officials.
(I) Receipt of
sufficient funding by programs.
(10) The ability of an
AACE to run an effective acquisition intern program in collaboration with the
Federal Acquisition Institute or the Defense Acquisition University.
(11) The ability of an
AACE to effectively and properly manage fees received for assisted acquisitions
pursuant to this section.
(e)
Funds received
by AACEs
(1)
Availability
Notwithstanding
any other provision of law or regulation, funds obligated and transferred from
an executive agency in a fiscal year to an AACE for the acquisition of goods or
services covered by an area of specialized acquisition expertise of an AACE,
regardless of whether the requirements are severable or non-severable, shall
remain available for awards of contracts by the AACE for the same general
requirements for the next 5 fiscal years following the fiscal year in which the
funds were transferred.
(2)
Transition to
new aace
If the AACE to which the funds are provided under
paragraph (1) becomes unable to fulfill the requirements of the executive
agency from which the funds were provided, the funds may be provided to a
different AACE to fulfill such requirements. The funds so provided shall be
used for the same purpose and remain available for the same period of time as
applied when provided to the original AACE.
(3)
Relationship to
existing authorities
This subsection does not limit any existing
authorities an AACE may have under its revolving or working capital funds
authorities.
(f)
Government
accountability office review of AACE
(1)
Review
The
Comptroller General of the United States shall review and assess—
(A) the use and
management of fees received by the AACEs pursuant to this section to ensure
that an appropriate fee structure is established and enforced to cover
activities addressed in this section and that no excess fees are charged or
retained; and
(B) the effectiveness
of the AACEs in achieving the purpose described in subsection (a), including
review of contracts.
(2)
Reports
Not
later than 1 year after the designation or redesignation of AACES under
subsection (b), the Comptroller General shall submit to the relevant
congressional committees a report containing the findings and assessment under
paragraph (1).
(g)
Definitions
In
this section:
(1)
Assisted
acquisition
The term assisted acquisition means a
type of interagency acquisition in which the parties enter into an interagency
agreement pursuant to which—
(A) the servicing
agency performs acquisition activities on the requesting agency’s behalf, such
as awarding, administering, or closing out a contract, task order, delivery
order, or blanket purchase agreement; and
(B) funding is
provided through a franchise fund, the Acquisition Services Fund in section 321
of this title, sections
1535
and 1536 of title 31, or other
available methods.
(2)
Executive
agency
The term executive agency has the meaning
provided that term by section 133 of title 41.
(3)
Relevant
congressional committees
The term relevant congressional
committees has the meaning provided that term by section 11501 of this
title.
(h)
Revision of
far
The Federal Acquisition Regulation shall be amended to
implement this
section.
.
(b)
Clerical
amendment
The table of sections at the beginning of
chapter 115 of title 40,
United States Code, as amended by section 5401, is further amended by adding at
the end the following new item:
11502. Assisted Acquisition Centers of
Excellence.
.
B
Strengthening IT
Acquisition Workforce
5411.
Expansion of
training and use of information technology acquisition cadres
(a)
Purpose
The
purpose of this section is to ensure timely progress by Federal agencies toward
developing, strengthening, and deploying personnel with highly specialized
skills in information technology acquisition, including program and project
managers, to be known as information technology acquisition cadres.
(b)
Report to
congress
Section 1704 of title 41, United
States Code, is amended by adding at the end the following new
subsection:
(j)
Strategic plan
on information technology acquisition cadres
(1)
Five-year
strategic plan to congress
Not later than June 1 following the
date of the enactment of this subsection, the Director shall submit to the
relevant congressional committees a 5-year strategic plan (to be known as the
IT Acquisition Cadres Strategic Plan) to develop, strengthen,
and solidify information technology acquisition cadres. The plan shall include
a timeline for implementation of the plan and identification of individuals
responsible for specific elements of the plan during the 5-year period covered
by the plan.
(2)
Matters
covered
The plan shall address, at a minimum, the following
matters:
(A) Current
information technology acquisition staffing challenges in Federal agencies, by
previous year’s information technology acquisition value, and by the Federal
Government as a whole.
(B) The variety and
complexity of information technology acquisitions conducted by each Federal
agency covered by the plan, and the specialized information technology
acquisition workforce needed to effectively carry out such acquisitions.
(C) The development of
a sustainable funding model to support efforts to hire, retain, and train an
information technology acquisition cadre of appropriate size and skill to
effectively carry out the acquisition programs of the Federal agencies covered
by the plan, including an examination of interagency funding methods and a
discussion of how the model of the Defense Acquisition Workforce Development
Fund could be applied to civilian agencies.
(D) Any strategic
human capital planning necessary to hire, retain, and train an information
acquisition cadre of appropriate size and skill at each Federal agency covered
by the plan.
(E) Governmentwide
training standards and certification requirements necessary to enhance the
mobility and career opportunities of the Federal information technology
acquisition cadre within the Federal agencies covered by the plan.
(F) New and innovative
approaches to workforce development and training, including cross-functional
training, rotational development, and assignments both within and outside the
Government.
(G) Appropriate
consideration and alignment with the needs and priorities of the Infrastructure
and Common Application Collaboration Center, Assisted Acquisition Centers of
Excellence, and acquisition intern programs.
(H) Assessment of the
current workforce competency and usage trends in evaluation technique to obtain
best value, including proper handling of tradeoffs between price and nonprice
factors.
(I) Assessment of the
current workforce competency in designing and aligning performance goals, life
cycle costs, and contract incentives.
(J) Assessment of the
current workforce competency in avoiding brand-name preference and using
industry-neutral functional specifications to leverage open industry standards
and competition.
(K) Use of integrated
program teams, including fully dedicated program managers, for each complex
information technology investment.
(L) Proper assignment
of recognition or accountability to the members of an integrated program team
for both individual functional goals and overall program success or
failure.
(M) The development of
a technology fellows program that includes provisions for recruiting, for
rotation of assignments, and for partnering directly with universities with
well-recognized information technology programs.
(N) The capability to
properly manage other transaction authority (where such authority is granted),
including ensuring that the use of the authority is warranted due to unique
technical challenges, rapid adoption of innovative or emerging commercial or
noncommercial technologies, or other circumstances that cannot readily be
satisfied using a contract, grant, or cooperative agreement in accordance with
applicable law and the Federal Acquisition Regulation.
(O) The use of student
internship and scholarship programs as a talent pool for permanent hires and
the use and impact of special hiring authorities and flexibilities to recruit
diverse candidates.
(P) The assessment of
hiring manager satisfaction with the hiring process and hiring outcomes,
including satisfaction with the quality of applicants interviewed and hires
made.
(Q) The assessment of
applicant satisfaction with the hiring process, including the clarity of the
hiring announcement, the user-friendliness of the application process,
communication from the hiring manager or agency regarding application status,
and timeliness of the hiring decision.
(R) The assessment of
new hire satisfaction with the onboarding process, including the orientation
process, and investment in training and development for employees during their
first year of employment.
(S) Any other matters
the Director considers appropriate.
(3)
Annual
report
Not later than June 1 in each of the 5 years following the
year of submission of the plan required by paragraph (1), the Director shall
submit to the relevant congressional committees an annual report outlining the
progress made pursuant to the plan.
(4)
Government
accountability office review of the plan and annual report
(A) Not later than 1
year after the submission of the plan required by paragraph (1), the
Comptroller General of the United States shall review the plan and submit to
the relevant congressional committees a report on the review.
(B) Not later than 6
months after the submission of the first, third, and fifth annual report
required under paragraph (3), the Comptroller General shall independently
assess the findings of the annual report and brief the relevant congressional
committees on the Comptroller General’s findings and recommendations to ensure
the objectives of the plan are accomplished.
(5)
Definitions
In
this subsection:
(A) The term
Federal agency means each agency listed in
section
901(b) of title 31.
(B) The term
relevant congressional committees means each of the
following:
(i) The Committee on
Oversight and Government Reform and the Committee on Armed Services of the
House of Representatives.
(ii) The Committee on
Homeland Security and Governmental Affairs and the Committee on Armed Services
of the
Senate.
.
5412.
Plan on
strengthening program and project management performance
(a)
Plan on
strengthening program and project management performance
Not
later than June 1 following the date of the enactment of this Act, the
Director, in consultation with the Director of the Office of Personnel
Management, shall submit to the relevant congressional committees a plan for
improving management of IT programs and projects.
(b)
Matters
covered
The plan required by subsection (a) shall include, at a
minimum, the following:
(1) Creation of a
specialized career path for program management.
(2) The development of
a competency model for program management consistent with the IT project
manager model.
(3) A
career advancement model that requires appropriate expertise and experience for
advancement.
(4) A
career advancement model that is more competitive with the private sector and
that recognizes both Government and private sector experience.
(5) Appropriate
consideration and alignment with the needs and priorities of the Infrastructure
and Common Application Collaboration Center, the Assisted Acquisition Centers
of Excellence, and acquisition intern programs.
(c)
Combination with
other cadres plan
The Director may combine the plan required by
subsection (a) with the IT Acquisition Cadres Strategic Plan required under
section
1704(j) of title 41, United States Code, as added by section
411.
5413.
Personnel
awards for excellence in the acquisition of information systems and information
technology
(a)
In
general
Not later than 180 days after the date of the enactment
of this Act, the Director of the Office of Personnel Management shall develop
policy and guidance for agencies to develop a program to recognize excellent
performance by Federal Government employees and teams of such employees in the
acquisition of information systems and information technology for the
agency.
(b)
Elements
The
program referred to in subsection (a) shall, to the extent practicable—
(1) obtain objective
outcome measures; and
(2) include procedures
for—
(A) the nomination of
Federal Government employees and teams of such employees for eligibility for
recognition under the program; and
(B) the evaluation of
nominations for recognition under the program by 1 or more agency panels of
individuals from Government, academia, and the private sector who have such
expertise, and are appointed in such a manner, as the Director of the Office of
Personal Management shall establish for purposes of the program.
(c)
Award of cash
bonuses and other incentives
In carrying out the program referred
to in subsection (a), the Director of the Office of Personnel Management, in
consultation with the Director of the Office of Management and Budget, shall
establish policies and guidance for agencies to reward any Federal Government
employee or teams of such employees recognized pursuant to the program—
(1) with a cash bonus,
to the extent that the performance of such individual or team warrants the
award of such bonus and is authorized by any provision of law;
(2) through promotions
and other nonmonetary awards;
(3) by
publicizing—
(A) acquisition
accomplishments by individual employees; and
(B) the tangible end
benefits that resulted from such accomplishments, as appropriate; and
(4) through other
awards, incentives, or bonuses that the head of the agency considers
appropriate.
LV
Additional
Reforms
5501.
Maximizing the
benefit of the Federal Strategic Sourcing Initiative
Not later than 180 days after the date of
the enactment of this Act, the Administrator for Federal Procurement Policy
shall prescribe regulations providing that when the Federal Government makes a
purchase of services and supplies offered under the Federal Strategic Sourcing
Initiative (managed by the Office of Federal Procurement Policy) but such
Initiative is not used, the contract file for the purchase shall include a
brief analysis of the comparative value, including price and nonprice factors,
between the services and supplies offered under such Initiative and services
and supplies offered under the source or sources used for the purchase.
5502.
Promoting
transparency of blanket purchase agreements
(a)
Price
information to be treated as public information
The final
negotiated price offered by an awardee of a blanket purchase agreement shall be
treated as public information.
(b)
Publication of
blanket purchase agreement information
Not later than 180 days
after the date of the enactment of this Act, the Administrator of General
Services shall make available to the public a list of all blanket purchase
agreements entered into by Federal agencies under its Federal Supply Schedules
contracts and the prices associated with those blanket purchase agreements. The
list and price information shall be updated at least once every 6
months.
5503.
Additional
source selection technique in solicitations
Section 3306(d) of
title 41, United States Code, is amended—
(1) by striking
or at the end of paragraph (1);
(2) by striking the
period and inserting ; or at the end of paragraph (2);
and
(3) by adding at the
end the following new paragraph:
(3) stating in the
solicitation that the award will be made using a fixed price technical
competition, under which all offerors compete solely on nonprice factors and
the fixed award price is pre-announced in the
solicitation.
.
5504.
Enhanced
transparency in information technology investments
(a)
Public
availability of information about it investments
Section 11302(c)
of title 40, United States Code, is amended—
(1) by redesignating
paragraph (2) as paragraph (3); and
(2) by inserting after
paragraph (1) the following new paragraph:
(2)
Public
availability
(A)
In
general
The Director shall make available to the public the cost,
schedule, and performance data for at least 80 percent (by dollar value) of all
information technology investments Governmentwide, and 60 percent (by dollar
value) of all information technology investments in each Federal agency listed
in section
901(b) of title 31, notwithstanding whether the investments are
for new IT acquisitions or for operations and maintenance of existing IT. The
Director shall ensure that the information is current, accurate, and reflects
the risks associated with each covered information technology
investment.
(B)
Waiver or
limitation authority
The applicability of subparagraph (A) may be
waived or the extent of the information may be limited—
(i) by
the Director, with respect to IT investments Governmentwide; and
(ii) by the Chief
Information Officer of a Federal agency, with respect to IT investments in that
agency;
if the
Director or the Chief Information Officer, as the case may be, determines that
such a waiver or limitation is in the national security interests of the United
States.
.
(b)
Additional
report requirements
Paragraph (3) of section 11302(c) of such
title, as redesignated by subsection (a), is amended by adding at the end the
following: The report shall include an analysis of agency trends
reflected in the performance risk information required in paragraph
(2)..
5505.
Enhanced
communication between Government and industry
Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulatory Council shall
prescribe a regulation making clear that agency acquisition personnel are
permitted and encouraged to engage in responsible and constructive exchanges
with industry, so long as those exchanges are consistent with existing law and
regulation and do not promote an unfair competitive advantage to particular
firms.
5506.
Clarification
of current law with respect to technology neutrality in acquisition of
software
(a)
Purpose
The
purpose of this section is to establish guidance and processes to clarify that
software acquisitions by the Federal Government are to be made using
merit-based requirements development and evaluation processes that promote
procurement choices—
(1) based on
performance and value, including the long-term value proposition to the Federal
Government;
(2) free of
preconceived preferences based on how technology is developed, licensed, or
distributed; and
(3) generally
including the consideration of proprietary, open source, and mixed source
software technologies.
(b)
Technology
neutrality
Nothing in this section shall be construed to modify
the Federal Government’s long-standing policy of following technology-neutral
principles and practices when selecting and acquiring information technology
that best fits the needs of the Federal Government.
(c)
Guidance
Not
later than 180 days after the date of the enactment of this Act, the Director,
in consultation with the Chief Information Officers Council, shall issue
guidance concerning the technology-neutral procurement and use of software
within the Federal Government.
(d)
Matters
covered
In issuing guidance under subsection (c), the Director
shall include, at a minimum, the following:
(1) Guidance to
clarify that the preference for commercial items in
section
3307 of title 41, United States Code, includes proprietary,
open source, and mixed source software that meets the definition of the term
commercial item in
section
103 of title 41, United States Code, including all such
software that is used for non-Government purposes and is licensed to the
public.
(2) Guidance regarding
the conduct of market research to ensure the inclusion of proprietary, open
source, and mixed source software options.
(3) Guidance to define
Governmentwide standards for security, redistribution, indemnity, and copyright
in the acquisition, use, release, and collaborative development of proprietary,
open source, and mixed source software.
(4) Guidance for the
adoption of available commercial practices to acquire proprietary, open source,
and mixed source software for widespread Government use, including issues such
as security and redistribution rights.
(5) Guidance to
establish standard service level agreements for maintenance and support for
proprietary, open source, and mixed source software products widely adopted by
the Government, as well as the development of Governmentwide agreements that
contain standard and widely applicable contract provisions for ongoing
maintenance and development of software.
(6) Guidance on the
role and use of the Federal Infrastructure and Common Application Collaboration
Center, established pursuant to
section
11501 of title 40, United States Code (as added by section
5401), for acquisition of proprietary, open source, and mixed source
software.
(e)
Report to
congress
Not later than 2 years after the issuance of the
guidance required by subsection (b), the Comptroller General of the United
States shall submit to the relevant congressional committees a report
containing—
(1) an assessment of
the effectiveness of the guidance;
(2) an identification
of barriers to widespread use by the Federal Government of specific software
technologies; and
(3) such legislative
recommendations as the Comptroller General considers appropriate to further the
purposes of this section.
Passed the House of
Representatives June 14, 2013.
Karen L. Haas,
Clerk.
July 8, 2013
Read twice and placed on the calendar