H.R.3304 - National Defense Authorization Act for Fiscal Year 2014113th Congress (2013-2014)
Summary: H.R.3304 — 113th Congress (2013-2014)
Public Law (12/26/2013)
(This measure has not been amended since the House agreed to Senate amendments with an amendment on December 12, 2013. The summary of that version is repeated here.)
National Defense Authorization Act for Fiscal Year 2014 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2014 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table set forth in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Prohibits more than 75% of FY2014 funds authorized for the Stryker vehicle program from being obligated or expended until 15 days after the Secretary of the Army reports to the congressional defense and appropriations committees (such committees shall be the receiving committees for reports under this Act, unless otherwise stated) on the status of the Stryker vehicle spare parts inventory in Auburn, Washington.
(Sec. 112) Expresses the sense of Congress that: (1) budget uncertainty and reduced defense procurements have had negative impacts on the tactical vehicle industrial base; and (2) in such environment, the Army should consider innovative contracting and acquisition strategies to maximize cost savings, improve the sustainment of such industrial base, and reduce risk during the downturn in defense procurement. Directs the Secretary of the Army to conduct a study and report on the desirability and feasibility of requesting legislative authority to enter into one or more multiyear, multivehicle contracts for the procurement of tactical vehicles beginning in FY2015 or thereafter.
Subtitle C: Navy Programs - (Sec. 121) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to increase specified cost limits for the lead ship and follow-on ships in the CVN-78 class of aircraft carriers. Includes as an additional justification for cost increases under such program costs attributable to the shipboard test program. Directs the Secretary of the Navy to report the most current cost estimate for the aircraft carrier designated as CVN-79.
(Sec. 122) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2010 to repeal certain requirements and limitations on procurement programs for future naval surface combatants.
(Sec. 123) Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of E-2D aircraft.
(Sec. 124) Prohibits the obligation or expenditure of FY2014 funds for the littoral combat ships (LCS) designated as LCS 25 or 26 until the Secretary of the Navy submits: (1) a report on the current concept of operations and expected survivability attributes of each of such ship's seaframes, (2) a determination that successful completion of the test evaluation master plan for such seaframes will demonstrate operational effectiveness and suitability, (3) a certification of the Joint Requirements Oversight Council with respect to LCS current capabilities development, and (4) a report on the expected performance of each seaframe variant and mission module against the current or updated capabilities development document.
Subtitle D: Air Force Programs - (Sec. 131) Amends the Warner Act to remove the requirement that the Secretary of the Air Force maintain at least 74 of the KC-135E aircraft retired after September 30, 2006, in a condition that would allow their recall for reserve, National Guard, or aerial refueling purposes.
(Sec. 132) Authorizes the Secretary of the Air Force, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of C-130J aircraft for the Navy and Air Force.
(Sec. 133) Prohibits the Secretary of the Air Force from: (1) canceling or modifying the avionics modernization program of record for C-130 aircraft, or (2) initiating an alternative program designed to replace such program. Requires the Comptroller General of the United States (CG) to submit a sufficiency review of the cost-benefit analysis of such program conducted pursuant to the NDAA for Fiscal Year 2013.
(Sec. 134) Prohibits the Secretary of the Air Force from obligating or expending any funds for procurement of C-27J aircraft not under contract as of June 1, 2013.
Subtitle E: Defense-Wide, Joint, and Multiservice Matters - (Sec. 141) Directs the Secretary of Defense (Secretary) to submit to Congress, for each fiscal year after FY2014, a consolidated budget justification display that covers all programs and activities associated with the procurement of personal protection equipment during the period covered by the future-years defense program submitted in that fiscal year.
(Sec. 142) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to repeal certain report requirements with respect to a system management plan for the F-35 joint strike fighter aircraft program.
(Sec. 143) Prohibits any FY2014 DOD funds from being used to retire, prepare to retire, or place in storage an RQ-4 Block 30 Global Hawk unmanned aircraft system or an A-10 aircraft. Prohibits the Secretary of the Air Force, during the period preceding December 31, 2014, from taking any such action with respect to A-10 aircraft (with an exception). Requires a report from the Secretary to the defense, appropriations, and intelligence committees on all high-altitude airborne intelligence, surveillance, and reconnaissance systems operated or planned for future operation by DOD.
(Sec. 144) Authorizes the Secretary, on or after 60 days after submitting a report required under this section, to transfer MC-12 Liberty intelligence, surveillance, and reconnaissance aircraft from the Air Force to the Army in accordance with a plan developed for such transfer. Prohibits FY2014 Army funds from being obligated or expended to procure additional aircraft under the Enhanced Medium Altitude Reconnaissance and Surveillance System program during FY2014. Requires the Secretary of the Army to convert the MC-12 aircraft, as well as Army Medium Altitude Multi-intelligence, surveillance and reconnaissance C-12 Quick Reaction Capability aircraft in order to meet Army requirements. Requires a report from the Secretary to Congress on the plan developed under this section.
(Sec. 145) Directs the Secretary of the Air Force to: (1) develop a plan to implement the new acquisition strategy for the expendable launch vehicle program, and (2) report and brief specified congressional committees on such plan.
(Sec. 146) Requires the Secretary to: (1) contract with a federally funded research and development center to conduct a study to identify and assess cost-effectiveness and alternative means for the procurement and research and development of personal protection equipment that supports and promotes competition in such equipment's industrial base, and (2) submit a report that includes study results. Directs the Secretary of the Air Force to submit an assessment of the risks to the health and safety of members of the Armed Forces (members) of the ejection seats currently in operational use by the Air Force.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2014 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Revises, generally, elements of the biennial strategic plan of the Defense Advanced Research Projects Agency (DARPA). Transfers from the Secretary to the Director of DARPA responsibility for the submission of each such plan.
(Sec. 212) Prohibits FY2014 Army funds from being obligated or expended for post-Milestone B engineering and manufacturing phase development activities for the ground combat vehicle program until 30 days after the Secretary of the Army submits an independent assessment of the documentation for such vehicle, as well as a certification as to program attributes.
(Sec. 213) Prohibits the Secretary from acquiring more than six air vehicles of the unmanned carrier-launched surveillance and strike system prior to receiving Milestone B approval for engineering and manufacturing development and low-rate initial production. Requires quarterly cost reports from the Secretary of the Navy until such system receives such approval. Directs the Secretary of Defense to include within FY2015 budget materials individual project lines for each segment of such system, as well as costs and other information associated with technology development for each segment. Requires the CG to conduct an annual review of the acquisition program for such system and submit review results to the committees. Provides a conditional delimiting date for such reviews and reports.
(Sec. 214) Prohibits the obligation or expenditure of more than 85% of the funds authorized for Air Force logistics information technology until 30 days after the Secretary of the Air Force reports on how such systems will be modernized and updated following the cancellation of the expeditionary combat support system.
(Sec. 215) Prohibits the obligation or expenditure of more than 90% of the funds authorized for Air Force defensive cyberspace operations until 30 days after the Secretary of the Air Force reports on the Application Software Assurance Center of Excellence.
(Sec. 216) Prohibits the obligation or expenditure of more than 50% of the funds authorized for the precision extended range munition program until the Chairman of the Joint Chiefs of Staff (JCS) certifies to the committees concerning the necessity of such program and that a sufficient business case exists to proceed with the development and production of such program.
(Sec. 217) Directs the Secretary of the Air Force to develop a follow-on air-launched cruise missile to the AGM-86 (long-range strike bomber) that achieves initial operating capability for both conventional and nuclear missions. Prohibits FY2014 funds earmarked for the offensive anti-surface warfare weapon from being used to enter into or modify a contract using other-than-competitive procedures, with an exception and a waiver for national security purposes.
(Sec. 218) Directs the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) to establish an independent team to review the development of software for the F-35 aircraft program and to report review results. Requires an additional report on current plans for long-term sustainment of the autonomic logistics information system of such aircraft.
(Sec. 219) Requires, in DOD budget materials for FY2015 and thereafter, each capability component within the distributed common ground system program to be set forth as a separate project code and each project official to submit supporting justification for the project code. Directs the Under Secretary to analyze the capability components that are compliant with intelligence community data standards and that could be used to meet the requirements of such program. Requires the Under Secretary to report analysis results.
(Sec. 220) Expresses the sense of Congress confirming: (1) the policy to demonstrate, acquire, and deploy an effective capability for operationally responsive space to support military users and operations from space; and (2) that the Operationally Responsive Space Program Office has demonstrated an ability to accomplish many of the policy objectives, while not executing a mission that leverages all such objectives in a single mission. Prohibits the obligation or expenditure of more than 50% of the FY 2014 funding for the space-based infrared systems space modernization initiative wide-field-of-view testbed until the Executive Agent for Space of DOD certifies that the Secretary is carrying out the Operationally Responsive Space Program Office in accordance with federal requirements. Requires a report from such Executive Agent regarding a potential mission that would seek to leverage all objectives in a single mission.
(Sec. 221) Directs the Secretary of the Air Force to: (1) develop a plan to sustain the operational capabilities of the Blue Devil 1 Intelligence, Surveillance, and Reconnaissance Systems; and (2) report to the defense, appropriations, and intelligence committees on the costs of sustaining or replacing such capabilities for FY2014-FY2019, as well as related matters. Requires such Secretary, in preparing such report, to coordinate with the Commander of the U.S. Special Operations Command and the Director of DARPA.
Subtitle C: Missile Defense Programs - (Sec. 231) Requires the MDA Director, in preparing acquisition and accountability reports on the ballistic missile defense (BMD) system, to improve the quality of cost estimates relating to operations and sustainment that are included in such reports. Requires the Director to ensure that each life-cycle cost estimate included in a BMD acquisition baseline includes all operational support costs for which the Director is responsible, as well as those functions and costs for which a military department is responsible. Requires the Director to report on plans to improve the quality of such cost estimates.
(Sec. 232) Prohibits FY2014 DOD funds from being obligated or expended for the medium extended air defense system (MEADS).
(Sec. 233) Expresses the sense of Congress that missile defense systems of the People's Republic of China (China) should not be integrated into the missile defense systems of the United States or the North Atlantic Treaty Organization (NATO). Prohibits FY2014 DOD funds from being obligated or expended to integrate U.S.-China missile defense systems. Requires a report from the Secretary on the status and progress of regional missile defense programs and efforts.
(Sec. 234) Earmarks specified FY2014 RDT&E funds for enhancing the capability for co-producing (between the United States and Israel) parts and components for the Iron Dome short-range rocket defense program. Requires a report from: (1) the MDA Director on a plan for such co-production, and (2) the Secretary on the status of missile defense cooperation between the two countries. Expresses the sense of Congress that: (1) second-source production of such parts and components is based on the national security interest of both countries, and (2) the move toward such a second-source capacity for program integration and assembly will further enhance the security of Israel.
(Sec. 235) Requires the MDA Director to deploy a long-range discriminating radar against long-range missile threats from North Korea. Provides deployment funding from RDT&E funds. Directs the Secretary to ensure the ability to deploy additional tracking and sensor capabilities to support the defense of the U.S. homeland from future long-range missile threats from Iran.
(Sec. 236) Directs the Secretary to evaluate options and alternatives for future sensor architectures for BMD.
(Sec. 237) Directs the MDA Director to: (1) develop options and a plan to achieve an improved kill assessment capability for the ground-based midcourse defense system by the end of 2019, and (2) develop an interim capability for improved hit assessment for such system that can be integrated into near-term enhanced kill vehicle upgrades and refurbishment. Requires reports from: (1) the commanders of the U.S. Strategic Command and the U.S. Northern Command on the development of an improved hit assessment and kill assessment; and (2) the MDA Director on a plan to use funding to develop, test, and deploy an upgraded enhanced exo-atmospheric kill vehicle for such system, following specified priorities.
(Sec. 238) Requires the Secretary to report on potential future options for enhancing the BMD of the U.S. homeland.
(Sec. 239) Requires two annual briefings from the Secretary on the current status of efforts to complete a homeland missile defense site evaluation study as required under the NDAA for Fiscal Year 2013.
(Sec. 240) Expresses the sense of Congress that, due to declining defense budget resources and the sequestration, the importance of burden-sharing for missile defense among members of NATO is increasing. Requires the Secretary to report on the costs of such defense for NATO members, including the phased, adaptive approach to missile defense in Europe.
(Sec. 241) Expresses the sense of Congress that: (1) the United States develops and deploys regional BMD capabilities to protect the forward-deployed forces, allies, and partners of the United States against regional ballistic missile threats; (2) the Secretary should give priority consideration to capabilities needed to deter and defend against the ballistic missile threat; (3) deployment decisions should take into account all of the ballistic missile threats in each region; (4) the United States should encourage its allies and partners to acquire and contribute to integrated and complementary regional BMD capabilities; and (5) the United States should cooperate closely with its allies and partners, including in East Asia, on missile defense deployments and cooperation that enhance their mutual security.
(Sec. 242) Expresses the sense of Congress that the Secretary should not procure a Capability Enhancement II exoatmospheric kill vehicle for deployment until after a successful operational flight test has occurred, unless such procurement is for test assets or to maintain a warm line for the industrial base.
Subtitle D: Reports - (Sec. 251) Directs the CG, through March 1, 2018, to annually review and report on the amphibious combat vehicle acquisition program.
(Sec. 252) Directs the CG to annually: (1) review the acquisition program for the VXX presidential helicopter, and (2) report review results. Terminates such requirements on the earlier of the date on which the Navy awards a contract for full-rate production of such aircraft or such acquisition program is terminated.
(Sec. 253) Directs the Secretary to report on the comprehensive research and development strategy to achieve significant reductions in the weight of body armor.
Subtitle E: Other Matters - (Sec. 261) Establishes in DOD a Communications Security Review and Advisory Board to review and assess the communications security, cryptographic modernization, and related key management activities of DOD and to advise the Secretary with respect to such activities.
(Sec. 262) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to allow funds for specific defense laboratory infrastructure revitalization projects to remain available until expended (without fiscal year limits). Allows funds to be available for such projects only if the committees receive notification of the total project cost before project commencement. Allows funds to be accumulated for such projects only up to five years. Provides cost limits. Extends project authority through FY2020.
(Sec. 263) Extends through FY2018 DOD authority to award prizes for advanced technology achievements.
(Sec. 264) Amends the Skelton Act to extend until October 1, 2020, the pilot program to include technology protection features during the research and development of designated defense systems.
(Sec. 265) Directs the Secretary to brief the defense committees on the future program structure for biometrics oversight and execution and architectural requirements for biometrics-enabling capability.
(Sec. 266) Expresses the sense of Congress that the Secretaries of Defense and the Navy should ensure that the common missile compartment associated with the Ohio-class ballistic missile submarine replacement program stays on schedule and is aligned with the Vanguard-successor program of the United Kingdom in order for the United States to fulfill its commitment in sea-based strategic deterrence.
(Sec. 267) Expresses the sense of Congress that: (1) the Secretary, in carrying out the non-kinetic counter-electronics development planning effort of the Air Force, should consider the results of the successful joint technology capability demonstration that the counter-electronics high power microwave missile project conducted in 2012; (2) an analysis of alternatives is an important step in the long-term development of a non-kinetic counter-electronic system (system); (3) the Secretary should pursue both near- and far-term joint systems; and (4) the counter-electronics high power microwave missile project should be considered among the options in response to near-term needs or combatant command integrated priority for a system.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2014 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environment - (Sec. 311) Provides an alternative deadline for required annual DOD reports on proposed budgets for activities relating to operational energy strategy.
(Sec. 312) Permits recipients of funds under interagency conservation cooperation agreements or under the Sikes Act (conservation programs on federal lands) to use such funds for matching funds or cost-sharing requirements of any conservation programs of the Departments of Agriculture or the Interior. Terminates the cooperative agreement authority on October 1, 2019, while allowing agreements entered into before such date to continue through their full term.
(Sec. 313) Reauthorizes the Sikes Act through FY2019.
(Sec. 314) Includes within the definition of "covered waste" for purposes of the DOD prohibition against disposal of certain waste in open-air burn pits:
- treated wood;
- plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream;
- munitions and explosives;
- compressed gas cylinders, unless empty with valves removed;
- fuel containers, unless completely evacuated of contents;
- aerosol cans;
- polychlorinated biphenyls;
- petroleum, oils, and lubricants products (other than waste fuel for initial combustion);
- foam tent material; and
- any item containing any of such materials.
(Sec. 315) Prohibits FY2014 DOD funds from being obligated or expended to make a bulk purchase of a drop-in fuel (a liquid hydrocarbon fuel designed as a replacement for traditional fuel, with comparable performance characteristics and compatible with existing infrastructure and equipment) for operational purposes unless the cost of the drop-in fuel is competitive with the cost of a same-purpose traditional fuel. Provides waiver authority.
Subtitle C: Logistics and Sustainment - (Sec. 321) Includes additional elements within a current strategic policy on the DOD programs for prepositioned materiel and equipment. Requires the policy to address how such programs align with national defense strategies and departmental priorities. Directs the Secretary to: (1) establish joint oversight of the military services' prepositioning efforts to maximize efficiencies across DOD, and (2) submit an implementation plan for such policy. Requires the CG to annually review the implementation plan and report review results.
(Sec. 322) Directs: (1) the Secretary to review current and expected manufacturing requirements across DOD to identify critical manufacturing competencies and supplies, components, end items, parts, assemblies, and sub-assemblies for which no or a limited domestic commercial source exists; and (2) the CG to assess such review.
(Sec. 323) Requires a program executive officer or program manager of a military service or defense agency, when undertaking a make-or-buy analysis, to solicit information from all U.S.-owned arsenals regarding the capability of that arsenal to fulfill the manufacturing requirement.
(Sec. 324) Directs the Secretary to: (1) establish a policy setting forth DOD's programs and priorities for the retrograde, reconstitution, and replacement of units and materiel used to support overseas contingency operations; (2) submit a plan for the implementation of such policy; and (3) submit annually for three years an update on progress made toward meeting plan goals. Requires the CG to review the implementation plan and each update, and report review results over the three-year period.
(Sec. 325) Directs the Secretary of the Navy to submit a strategic sustainment plan for the littoral combat ship.
(Sec. 326) Directs the Secretary to submit a comprehensive strategy for improving asset tracking and in-transit visibility across DOD, together with the plans of the military departments for implementing such strategy. Requires a related CG assessment of such strategy and its implementation.
Subtitle D: Reports - (Sec. 331) Requires each DOD report concerning personnel and unit readiness to include an assessment: (1) by each commander of a combatant command of that command's ability to successfully execute each of its assigned missions, (2) by the JCS Chairman of the level of risk incurred by using contract support in contingency operations as required under Department of Defense Instruction 1100.22, "Policies and Procedures for Determining Workforce Mix,"and (3) by the Secretary of the military readiness of the combat support agencies. Requires in combatant command reports an after-action assessment of each major exercise by the commander or service chief.
(Sec. 332) Amends the Warner Act to include Marine Corps requirements in a required prioritization of funds for equipment readiness and strategic capability.
(Sec. 333) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to increase the information technology capital assets threshold for required report purposes.
(Sec. 334) Amends the Hunter Act to require each annual military department report concerning corrosion control and prevention to: (1) provide a clear link between such department's program and the overarching goals and objectives of the long-term corrosion control and prevention strategy developed and implemented by DOD, and (2) include performance measures to ensure that such program is achieving the long-term DOD goals and objectives.
Subtitle E: Limitations and Extensions of Authority - (Sec. 341) Directs the Secretary, prior to taking any action to realign forces at Lajes Air Force Base, Azores, to certify that the action is supported by a European Infrastructure Consolidation Assessment initiated by the Secretary on January 25, 2013.
(Sec. 342) Provides that if any performance by a military flight demonstration team in the United States is cancelled by reason of sequestration reductions during FY2014 or FY2015, no such team may perform outside the United States during that fiscal year.
(Sec. 343) Prohibits the obligation or expenditure of FY2014 DOD funds for the U.S. Special Operations Command National Capital Region until 30 days after the Secretary reports on such Command.
(Sec. 344) Prohibits FY2014 DOD O&M funds from being obligated or expended to continue the Trans Regional Web Initiative. Provides an exception.
Subtitle F: Other Matters - (Sec. 351) Authorizes the Secretary of the military department concerned (Secretary concerned) to accept gifts for the benefit of a military musical unit. Requires any gift made to be credited to the appropriation or account providing funds for such unit and to be merged with and used for the same purposes. Requires the Secretary concerned to report on any such gifts.
(Sec. 352) States that it is the policy of the United States that the Secretary shall eliminate the development and fielding of armed force-specific combat and camouflage uniforms in order to adopt and field a common uniform for specific combat environments to be used by all members. Prohibits the adoption of individual military service camouflage uniforms except under specific limited circumstances. Repeals inconsistent requirements under the NDAA for Fiscal Year 2010.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2014.
(Sec. 402) Revises permanent active-duty end strength minimum levels, as well as the maximum authorized Army and Marine Corps end strengths.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2014 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2014 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2014 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2014.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2014 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Prohibits an action proposed by a military department Secretary that would increase the number of general or flag officers within that department who would be on active duty above the statutory limit from taking effect until 60 days after such Secretary notifies the defense committees of the proposed action and its rationale. Requires the same prior notification with respect to a possible increase in the number of general and flag officers in joint duty assignments, as proposed by the Secretary, a department Secretary, or the JCS Chairman. Requires annual reports from the Secretary to such committees on the number of general and flag officers who counted toward such limits.
(Sec. 502) Authorizes a department Secretary, upon determining that the number of commissioned officers with cyberspace-related experience or advanced education serving on active duty in that armed force is critically below the number needed, to credit any person receiving an original appointment into that armed force with special experience or training or advanced education in a cyberspace-related field if such experience or training is directly related to the operational needs. Limits such credit to one year for each year of such special experience, training, or education and three years of total credit. Terminates such credit authority at the end of 2018.
(Sec. 503) Includes among officers subject to selective early retirement lieutenant colonels, colonels, commanders, and captains on the active-duty list who have failed for promotion at least once and whose names are not on a list of officers recommended for promotion. Requires the list of officers to be considered for selective early removal from the reserve active-status list to include each officer on the active-status list for that component in the same grade and competitive category whose position on such list is between that of the most junior and most senior officer in that grade and category whose name is submitted to the early removal selection board. Prohibits such list from including an officer who has been approved for voluntary retirement or is to be involuntarily retired under any provision of law during the year in which the board is convened or the following fiscal year. Requires the Secretary concerned to specify the number of lieutenant colonels, colonels, commanders, and captains that a board may recommend for separation.
Subtitle B: Reserve Component Management - (Sec. 511) Authorizes the Secretary to share with a state adjutant general, upon request, information on members of that state's Individual Ready Reserve or individual mobilization augmentees in order for that adjutant general to include such members in suicide prevention efforts. Amends the NDAA for Fiscal Year 2013 to include suicide prevention efforts within authorized activities under the DOD community partnerships pilot program.
(Sec. 512) Allows, through 2016, an officer of the Army or Air National Guard to be transferred from the active to the inactive Army or Air National Guard, and vice versa, while filling a vacancy in a federally recognized unit of such National Guard.
(Sec. 513) Requires the Secretary's written approval for the cancellation of deployment of a unit of the reserves made within 180 days of the scheduled deployment when such cancellation is due to the deployment of an active-duty component to perform such mission. Directs the Secretary to notify the committees and appropriate state governors of such cancellation. Requires the Secretary concerned to provide to certain members of the reserves at least 120 days' advance notice of an involuntary mobilization.
(Sec. 514) Requires the Secretary to: (1) review the general and flag officer requirements for members of the reserves in an active status, and (2) report review results to the defense committees.
(Sec. 515) Directs the Secretary to: (1) study the feasibility of establishing a unit of the National Guard in each of American Samoa and the Commonwealth of the Mariana Islands, and (2) report study results.
Subtitle C: General Service Authorities - (Sec. 521) Requires DOD's Transition Assistance Program (employment and job training assistance and related services for members being separated from active duty and their spouses) to include information about disability-related employment and education protections.
(Sec. 522) Includes an administrative separation in lieu of court-martial as an event for which a medical examination for post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI) must take place.
(Sec. 523) Amends the NDAA for Fiscal Year 1994 to add definitions of "gender-neutral occupational standard" and "military career designator" and apply such definitions to provisions concerning military gender-neutral occupational performance standards.
(Sec. 524) Expresses the sense of Congress that the military department Secretaries should : (1) no later than September 2015, develop, review, and validate individual gender-neutral occupational standards for assigning members to units, including special operations forces; and (2) no later than January 1, 2016, complete all related assessments.
(Sec. 525) Requires the Secretary to make the medical, personal, and unit records of members available to the VA Secretary in an electronic format within 90 days after such member's discharge or release. Directs the VA Secretary to make such records accessible to the Veterans Benefits Administration as soon as practicable thereafter.
(Sec. 526) Requires the Secretary to review improvements to the Integrated Disability Evaluation System, as well as its backlog of cases with respect to reserve members.
Subtitle D: Military Justice Matters, Other Than Sexual Assault Prevention and Response and Related Reforms - (Sec. 531) Allows a former commissioned officer to be appointed as a judge on the U.S. Court of Appeals for the Armed Forces, but only after at least seven years after his or her active-duty service.
(Sec. 532) Amends the NDAA for Fiscal Year 2013 to provide an exception to the requirement that the Armed Forces accommodate individual expressions of belief of servicemembers when such an expression could have an adverse impact on military readiness, unit cohesion, and good order and discipline.
(Sec. 533) Directs the DOD Inspector General to submit the results of an investigation concerning adverse personnel actions against members based on their conscience, moral principles, or religious beliefs.
(Sec. 534) Requires the Secretary to survey military chaplains on DOD restrictions placed on prayers offered by such chaplains in a public or non-religious setting.
Subtitle E: Member Education and Training - (Sec. 541) Requires educational institutions participating in DOD educational assistance programs to enter into and comply with educational program participation requirements of the Higher Education Act of 1965 and to meet certain instructional curriculum licensure or certification standards. Authorizes the Secretary to waive such requirement in specified instances.
(Sec. 542) Directs the department Secretaries to make information on civilian credentialing opportunities available to members beginning with, and at every stage of, their training for military occupational specialities, in order to permit such members to: (1) evaluate the extent to which such training correlates with skills and training required for various civilian certifications and licenses, and (2) assess the suitability of such training for obtaining and pursuing such certifications and licenses. Requires the information made available to: (1) be consistent with the Transition Goals Plans Success program, and (2) include information on the civilian occupational equivalents of military occupational specialties. Requires such Secretaries to make available to civilian credentialing agencies specified information on the content of military training provided to, and skills developed by, such members.
(Sec. 543) Requires a report from the Secretary to the defense committees on the troops-to-teachers program.
(Sec. 544) Directs the Secretary to report to the defense committees on the feasibility of requiring automatic operation of the current prohibition on the accrual of interest on direct student loans for certain military personnel.
Subtitle F: Defense Dependents' Education and Military Family Readiness Matters - (Sec. 551) Earmarks specified FY2014 DOD O&M funds for: (1) assistance to local educational agencies that benefit a significant number of dependents of members and civilian DOD employees, and (2) the DOD payment of impact aid for children with severe disabilities, as provided under the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.
(Sec. 553) Requires tuition payments received by DOD for the enrollment of military and DOD civilian employee dependents in defense dependent elementary and secondary schools to be credited to an account designated for operation of the DOD virtual educational program.
(Sec. 554) Authorizes the Commander of the U.S. Special Operations Command, during FY2014-FY2016, to conduct up to three pilot programs to assess the feasibility and benefits of providing family support activities for the immediate family members of members assigned to special operations forces. Requires a pilot programs' report from the Commander to the committees.
(Sec. 555) Expresses the sense of Congress that state courts should not consider a military deployment as the sole factor in determining child custody in a proceeding involving a parent who is a member of the Armed Forces.
Subtitle G: Decorations and Awards - (Sec. 561) Authorizes a member to receive more than one Medal of Honor.
(Sec. 562) Changes the time limits for recommending (from two years to three years after the distinguished service) and awarding (from three years to five years after the date of the act justifying the award) a Medal of Honor, Service Cross, or Distinguished Service Medal to members of the Army and Air Force (thereby standardizing such limits for all military departments).
(Sec. 563) Establishes in each military department and the Coast Guard the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. Directs: (1) the Secretary concerned to enter and record on such Honor Roll each person who has been awarded a Medal of Honor, and (2) each person listed to be issued a certificate of enrollment. Entitles each living listed individuals to a special pension of $1,000 a month. Allows such an individual to elect to decline the special pension.
(Sec. 564) Directs the Secretary concerned, when recipients of certain military decorations or medals (or in some cases, their immediate next of kin) request a replacement of such decoration (e.g., when the original medal is lost, stolen, or destroyed), to ensure that: (1) all actions to be taken with respect to the request, including verification of the service record of the recipient, are completed within one year; and (2) the replacement is mailed to the person making the request within 90 days after such verification.
(Sec. 565) Directs the Secretary concerned to award the Purple Heart to members of the Armed Forces determined to be eligible in connection with being 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.
Requires the Secretary to review the criteria used to determine the eligibility of members of the Armed Forces for the Purple Heart.
(Sec. 566) Amends the NDAA for Fiscal Year 2002 to authorize the award of the Medal of Honor to a veteran who, although not a Jewish- or Hispanic-American veteran who was previously awarded the Distinguished Service Cross, the Navy Cross, or the Air Force Cross, was identified during a review of service records and regarding whom the Secretary submitted, before January 1, 2014, a recommendation that the President award the Medal of Honor to that veteran.
(Sec. 567) Authorizes the President to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the U.S. Army for acts of valor during the Vietnam War.
(Sec. 568) Authorizes the Secretary of the Army to award the Distinguished Service Cross to: (1) Sergeant First Class Robert F. Keiser for acts of valor during the Korean War; and (2) Sergeant First Class Patrick N. Watkins, Jr., and Specialist Four Robert L. Towles for acts of valor during the Vietnam War.
(Sec. 569) Authorizes the President to award the Medal of Honor to then First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War.
Subtitle H: Other Studies, Reviews, Policies, and Reports - (Sec. 571) Directs the Secretary to submit to the defense committees an evaluation of including a 360-degree assessment approach (a multi-source assessment and feedback program currently used by the Army) as part of DOD performance evaluation reports.
(Sec. 572) Requires the Secretary to report to the defense committees on DOD personnel policies regarding members infected with human immunodeficiency virus (HIV) or hepatitis B.
(Sec. 573) Directs the Secretary, in any test, assessment, or screening tool utilized for military recruitment and enlistment under provisions of the NDAA for Fiscal Year 2012, to: (1) implement a means for ensuring that graduates of a secondary school are required to meet the same standards, and (2) use uniform testing requirements and grading standards.
(Sec. 574) Directs the CG to report to the defense committees on the use by DOD since January 1, 2007, of the authority to separate members due to unfitness for duty based on a mental condition not amounting to disability.
Subtitle I: Other Matters - (Sec. 581) Directs the Secretary to report to specified committees on: (1) accounting for missing persons from U.S. conflicts from World War II through the Persian Gulf War, and (2) the POW/MIA accounting community.
(Sec. 582) Requires the Secretary concerned to withhold from a missing person's personnel files, as privileged information, any survival, evasion, resistance, and escape debriefing report obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information.
(Sec. 583) Reflects the name change due to the consolidation of North Georgia College and State University and Gainesville State College ( senior military colleges) to the University of North Georgia.
(Sec. 584) Requires the Secretary to review security measures on U.S. military installations, specifically with regard to access to barracks, temporary lodging facilities, and multi-family residences.
(Sec. 585) Authorizes the Secretary of the Army to: (1) 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; and (2) include in such contract requirements for the protection, dignity, and solemnity of the cemetery at which any such services are provided. Prohibits such a contract from including operation of the gift shop at Arlington National Cemetery without specific prior authorization by Congress. Requires all franchise fees to be deposited into a special account to be used to support activities there.
(Sec. 586) Allows members not in uniform and veterans to render the military salute during the recitation of the pledge of allegiance.
(Sec. 587) Directs the Secretary to ensure that the results of command climate assessments are provided to the relevant individual commander and to the next higher level of command. Requires each department Secretary to include in performance evaluations and assessments a statement by the commander regarding whether the commander has conducted the required assessments. Requires a commander's failure to conduct any such assessment to be noted in his or her performance evaluation.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Extends through 2014 DOD authority to provide a temporary increase in the rates of basic allowance for housing for military housing in an area impacted by a natural disaster or experiencing a sudden influx of personnel.
(Sec. 602) Entitles a member of the National Guard who is called into federal service for a period of 30 days or less to basic pay for such service from the date on which the member first contacts the member's unit. (Under current law, such entitlement begins on the date on which the member appears at the place of company rendezvous.)
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2014 specified authorities currently scheduled to expire at the end of 2013 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 617) Authorizes the Secretary concerned to pay a bonus to a cadet or midshipman enrolled in the Senior ROTC to complete the appropriate training, accept a commission, and serve on active duty. Limits the bonus to $5,000. Requires pro rata repayment for failure to complete agreement requirements. Terminates the bonus program at the end of 2014.
(Sec. 618) Authorizes the payment of a health professions stipend to a nurse enrolled in a critical specialty and eligible for appointment as a reserve officer in any reserve component. Requires Selected Reserve stipend recipients to serve one year for each six months for which the stipend is provided.
Subtitle C: Travel and Transportation Allowances - (Sec. 621) Makes technical and standardizing amendments to DOD travel and transportation provisions to conform with travel consolidation requirements provided under the NDAA for Fiscal Year 2012. Repeals superseded federal provisions.
Subtitle D: Disability, Retired Pay, and Survivor Benefits - (Sec. 631) Prohibits the application of the military retired pay computation using the high-three years of pay to certain members who first entered into active duty on or after September 8, 1980, if such application will result in a lower retirement amount than a computation using final basic pay.
(Sec. 632) Directs the Secretary concerned to periodically notify members of the Ready Reserve of their current eligibility age for retirement pay, including the amount by which their eligibility retirement age (generally, 60) has been reduced by periods served after January 28, 2008, on active duty or in active federal status.
(Sec. 633) Requires each department Secretary to designate a member or civilian employee to assist spouses and other dependents of members who die on active duty through the provision of specified support services, including casualty assistance. Directs the Secretary to implement a standardized comprehensive training program for DOD casualty assistance officers and representatives, to be provided at least annually.
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations - (Sec. 641) Includes threatening to take an adverse personnel action within prohibited actions under whistleblower protections for nonappropriated fund instrumentality employees (thus affording them the same protections provided to military personnel under military whistleblower protections).
(Sec. 642) Replaces a reference to the Army and Air Force Motion Picture Service and the Navy Ship's Stores Ashore for purposes of certain civil service laws with a reference to the Navy Ship Stores Program.
Subtitle F: Other Matters - (Sec. 651) Authorizes DOD to provide certain expenses related to the recovery, care, and disposition of human remains when such remains are retained by the Armed Forces Medical Examiner for forensic pathology investigation.
(Sec. 652) Directs the Secretary to study the merits and feasibility of providing transitional compensation and other benefits to dependents or former dependents of members who are separated for a court-martial violation of the Uniform Code of Military Justice and required to forfeit all military pay and allowances.
Title VII: Health Care Provisions - Subtitle A: TRICARE and Other Health Care Benefits - (Sec. 701) Amends the NDAA for Fiscal Year 2013 to direct the Secretary to ensure that each beneficiary other than an active-duty beneficiary who is enrolled in TRICARE Prime as of September 30, 2013, may make a one-time election to continue such enrollment, notwithstanding that an existing TRICARE contract does not allow for such enrollment based on the location in which the beneficiary resides. Allows the beneficiary to continue in such enrollment while residing in the same ZIP code in which the beneficiary resided at the time of election. Allows such beneficiary to elect, at any time, to instead enroll in TRICARE Standard.
(Sec. 702) Directs the Secretary, in carrying out the transitional assistance management program, to extend such program's coverage by an additional 180 days for treatment provided through telemedicine. Requires a report from the Secretary if such coverage is so extended. Terminates extension authority at the end of 2018. Directs the Secretary to report on the use of telemedicine to improve the diagnosis and treatment of PTSD, TBI, and mental health conditions.
(Sec. 703) Requires the DOD and VA Secretaries to jointly develop, implement, and report to Congress on a comprehensive policy on improvements to the care, management, and transition of recovering servicemembers with urotrauma (injury to the urinary tract from a penetrating, blunt, blast, thermal, chemical, or biological cause).
(Sec. 704) Directs the Secretary to carry out a pilot program to establish a process for randomized placebo-controlled clinical trials of investigational treatments of TBI or PTSD received by members in facilities other than military treatment facilities.
Subtitle B: Health Care Administration - (Sec. 711) Authorizes the Uniformed Services University of the Health Sciences to enter into contracts and agreements with, and make grants to, other nonprofit entities. (Under current law, such authority is permitted only with the Henry M. Jackson Foundation for the Advancement of Military Medicine.)
(Sec. 712) Requires the Secretary to carry out a three-year pilot program at a number of installations of different military departments to assess the feasibility of using revenue-cycle management improvement processes to increase the amounts collected from third party payees for health care charges incurred by the United States at a military medical treatment facility.
(Sec. 713) Expresses the sense of Congress that: (1) the DOD and VA Secretaries have failed to implement a solution that allows for seamless electronic sharing of medical health care data, and (2) most of the information currently shared is not standardized or available in real time to support all clinical decisions. Requires such Secretaries to: (1) ensure that their respective electronic health records systems are interoperable; (2) each deploy modernized electronic health record software supporting their clinicians by December 31, 2016, while ensuring continued current interoperability; and (3) brief Congress on a detailed plan for the oversight and execution of interoperable health records. Provides program funding limitations and requires program financial reports. Requires that, by October 1, 2014, all health care data contained in the DOD AHLTA and VA VistA systems be computable in real time, comply with existing standards, and have a process in place to ensure data is standardized as national standards continue to evolve. Provides that, if the Secretaries do not meet such deadline requirement, the CG shall submit an assessment of their performance. Requires the Secretaries to jointly establish an executive committee to support the development and validation of adopted standards, required architectural platforms and structure, and capacity of such standards, platforms, and structure to ensure health care data interoperability. Requires: (1) an executive committee report, and (2) an independent annual review by the Defense Science Board of the Secretaries' progress under this section. Directs the Secretary to complete the implementation of the Healthcare Artifact and Image Management Solution program of DOD within 180 days after enactment of this Act.
Subtitle C: Reports and Other Matters - (Sec. 721) Directs the Secretary to submit, as part of the annual DOD budget justification materials, a display with respect to embedded mental health providers within each reserve component.
(Sec. 722) Directs the VA Secretary to report to the defense and veterans committees on the role of the VA in DOD centers of excellence for the treatment of TBI, PTSD and related mental health issues, and the treatment and rehabilitation of military eye injuries.
(Sec. 723) Directs the Secretary to report on how the Secretary will identify, refer, and treat TBIs of members who served in Operations Enduring Freedom or Iraqi Freedom before the date in June 2010 on which the memorandum on using a 50-meter distance from an explosion as a criterion to properly identify, refer, and treat members for potential TBI took effect.
(Sec. 724) Directs the DOD and VA Secretaries to jointly report to the defense and veterans committees on their plans to ensure that the most clinically appropriate prosthetics and orthotics are made available to injured members and veterans using all appropriate technological advances.
(Sec. 725) Directs the CG to report: (1) evaluating similarities and differences of Medicare and TRICARE in identifying and recovering improper payments, and (2) on the availability of compounded pharmaceuticals in the military health care system.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Authorizes the Secretary and the Secretary of each military department to allow the heads of DOD laboratories to grant licenses for computer software and related documentation developed at a DOD laboratory, but only if: (1) such software and documentation would be a trade secret if the information had been obtained from a non-federal party, (2) the public is notified of such availability and has a fair opportunity to submit license applications, (3) such licenses comply with federal requirements for the licensing of federally owned inventions, and (4) the software was originally developed to meet DOD military needs. Requires such Secretaries to provide appropriate protections against the unauthorized disclosure of any such software or documentation. Provides for the DOD retention and use of royalties on such software and documentation. Terminates the authority under this section at the end of 2017.
(Sec. 802) Amends the NDAA for Fiscal Year 2012 to extend through FY2014 a limitation on the aggregate amount available to DOD for contract services.
(Sec. 803) Directs the Secretary to implement a process for the expedited identification and replacement of obsolete electronic parts included in DOD acquisition programs.
Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 811) Limits to $625,000 the DOD and other federal agency allowable cost for annual compensation to a single contractor. Limits any increases to such limit to the annual compensation baseline adjustment under the Employment Cost Index. Provides an exception with respect to positions in the science, technology, engineering, mathematics, medical, and cybersecurity fields, as well as other fields requiring unique areas of expertise.
(Sec. 812) Requires the inclusion in quarterly DOD selected acquisition reports of additional cost estimate information with respect to each major defense acquisition program or designated major subprogram included in such report. Requires the Director of Cost Assessment and Program Evaluation to: (1) annually review the cost estimates and associated information included in each report, and (2) include in the Director's required annual report on cost assessment activities a summary thereof, together with recommendations for improving such cost estimates.
(Sec. 813) Directs the Secretary to make publicly available electronically any determination of a compelling reason to solicit an offer from, extend, or approve a subcontract with an offeror or contractor that has been debarred or suspended by a federal agency.
(Sec. 814) Amends the Skelton Act to extend through 2019 a DOD pilot program on the acquisition of military purpose non-development al items.
Subtitle C: Provisions Relating to Major Defense Acquisition Programs - (Sec. 821) Requires a milestone decision authority, before Milestone B approval of a major defense acquisition program (MDAP), to certify that there is a plan to mitigate and account for costs in connection with any anticipated de-certification of cryptographic systems during MDAP production and procurement.
(Sec. 822) Requires such authority, before Milestone B approval of a space system, to perform a cost benefit analysis for any new or follow-on satellite system using a dedicated ground control system instead of a shared control system. Terminates such required analysis after December 31, 2019. Requires the Secretary to develop, and brief the committees on, a DOD-wide long-term plan for satellite ground control systems.
(Sec. 823) Requires product support managers for major weapon systems to ensure that each product support arrangement for such system describes how it will ensure efficient procurement, management, and allocation of government-owned parts inventory in order to prevent unnecessary parts procurement.
(Sec. 824) Directs the CG to review DOD processes and procedures for the acquisition of weapon systems, and report review results.
Subtitle D: Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan - (Sec. 831) Directs the Secretary to establish in each geographic combatant command a program to identify persons and entities within that command that: (1) provide funds received under a DOD contract or agreement to another person or entity that is actively opposing U.S. or coalition forces involved in a contingency operation, or (2) fail to exercise due diligence to ensure that such funds are not so used. Requires each such commander to be notified of the persons and entities identified, and to take specified responsive actions, including notifying appropriate contracting authorities. Directs the Secretary to revise the Department of Defense Supplement to the Federal Acquisition Regulation (DOD-FAR) to: (1) authorize the head of a contracting activity to restrict, terminate, or void any contract, grant, or cooperative agreement in excess of $50,000 affected by the activities of identified persons and entities; and (2) require each contractor to exercise due diligence to ensure that DOD funds are not provided to such persons and entities. Requires combatant commanders to annually review the persons and entities so identified to determine whether they continue to warrant such identification. Directs the Secretary to report annually on the use of the authorities provided in this section.
(Sec. 832) Amends the NDAA for Fiscal Year 2010 to extend through 2015 DOD authority to acquire products and services produced in countries located along a major supply route to Afghanistan.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Revises the definition of "legacy systems" for purposes of the transition plan under the defense business enterprise architecture.
(Sec. 902) Requires a report from the CG containing the results of a review of the potential for and obstacles to federal agencies other than DOD relocating onto military installations in order to save costs or enhance security. Requires the CG to specifically evaluate potential consolidation of federal tenants on Arctic-oriented installations.
(Sec. 903) Requires the Command Acquisition Executive of the U.S. Special Operations Command to be: (1) responsible for rapidly delivering acquisition solutions to meet validated special operations-peculiar requirements, (2) subordinate to the Defense Acquisition Executive in matters of acquisition, and (3) subject to the same oversight as the service acquisition executives.
(Sec. 904) Directs the Secretary to develop a plan for streamlining DOD management headquarters by changing or reducing the size of staffs, eliminating tiers of management, cutting functions that provide little or no added value, and consolidating overlapping and duplicative programs and offices. Requires the plan to include estimated total savings over a 10-fiscal-year period beginning with FY2015. Requires status reports for each of FY2016-FY2024 on such plan and any required modifications due to changing circumstances.
(Sec. 905) Requires the JCS Chairman to formulate policies for: (1) concept development and experimentation for the joint employment of the Armed Forces; and (2) gathering, developing, and disseminating joint lessons learned for the Armed Forces.
(Sec. 907) Directs the Secretary to submit to Congress a comprehensive analysis of the quality, cost, and timeliness of personnel security clearance investigations conducted by the Office of Personnel Management (OPM) for DOD employees and contractor personnel against those conducted by DOD components. Requires the Secretary, upon concluding that the current approach is not the most efficient and effective, to develop a plan, by October 1, 2014, for the transition of such investigations to the preferred approach.
Requires the Secretary, the Director of National Intelligence (DNI), and the Director of the Office of Management and Budget (OMB) to: (1) jointly develop, implement, and provide to Congress a strategy to modernize all aspects of personnel security for DOD; and (2) establish metrics to measure the effectiveness of the strategy. Requires the strategy to include risk-based monitoring with respect to personnel with the broadest access to classified information. Directs the Secretary and the DNI to ensure the reciprocity of clearances among positions holding secret, top secret, or sensitive compartmented information clearances to the maximum extent feasible consistent with national security requirements.
Requires the CG to review the personnel security process.
Requires the Suitability and Security Clearance Performance Accountability Council to establish a task force to examine policies and procedures that determine the level of access to public records provided by state and local authorities in response to investigative requests by federal employees or federally-contracted employees carrying out background investigations to determine an individual's suitability for access to classified information or secure government facilities.
Subtitle B: Space Activities - (Sec. 911) Requires the Commander of the U.S. Strategic Command to notify the defense, appropriations, and foreign relations committees within 48 hours of an attempt by a foreign actor to disrupt, degrade, or destroy a U.S. national security space capability.
(Sec. 912) Directs the Secretary and the DNI to enter into an arrangement with the National Research Council to respond to the near- and long-term threats to U.S. national security space systems by reviewing available options for addressing such threats and recommending appropriate courses of action. Requires information on U.S. response to adverse actions by a foreign actor with respect to U.S. national security space capabilities to be included in a space protection strategy under the NDAA for Fiscal Year 2008.
(Sec. 913) Expresses the sense of Congress on the necessity of acquiring appropriate commercial satellite services to satisfy DOD requirements. Directs the Under Secretary to establish a strategy to enable the multi-year procurement of such services and to brief the committees regarding such strategy.
(Sec. 914) Requires the Secretary to report on DOD's space control mission.
(Sec. 915) Directs the DOD Executive Agency for Space to conduct a study on responsive, low-cost launch efforts and report study results. Directs the CG to submit an assessment of such report.
(Sec. 916) Limits the obligation or expenditure of specified FY2014 Air Force RDT&E funds until the Secretary submits a copy of the study conducted on the counter space strategy of DOD that resulted in significant revisions to such strategy.
(Sec. 917) Requires the Chief of Staff of the Air Force to report on the Eagle Vision system. Prohibits the Secretary of the Air Force from changing such system's organization or control until 90 days after the submission of such report.
Subtitle C: Defense Intelligence and Intelligence-Related Activities - (Sec. 921) Revises provisions concerning DOD authority to conduct commercial activities overseas as security for intelligence collection activities to: (1) remove the requirement that the Defense Intelligence Agency (DIA) be responsible for the management and supervision of the collection activities (instead, making it DOD), and (2) add the defense and appropriations committees to the report requirement.
(Sec. 922) Requires the Secretary to establish and brief the defense, appropriations, and intelligence committees on a written policy governing the 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.
(Sec. 923) Prohibits the obligation or expenditure of more than 50% of the funds available for the Defense Clandestine Service in FY2014 until the Secretary makes a specified certification to such committees with respect to Service activities. Requires annual assessments by the Secretary of such Service's employment and performance. Directs the Secretary to brief such committees quarterly on the Service's deployment and intelligence collection activities.
(Sec. 924) Prohibits any DOD funds from being used, until the end of 2014, to execute the separation or consolidation of the National Intelligence Program budget from or within the DOD budget. Requires the Secretary and the DNI to jointly brief such committees on any planned execution.
Subtitle D: Cyberspace-Related Matters - (Sec. 931) Amends the NDAA for Fiscal Year 2013 to require additional information in a required report concerning a DOD inventory of defense tactical data link systems.
(Sec. 932) Directs the Secretary to provide U.S. Cyber Command operational military units with infrastructure and equipment enabling access to the Internet and other types of networks to permit such Command to conduct peacetime and wartime missions. Requires the Secretary to: (1) adapt one or more existing cyber ranges to support the training and exercises of cyber units assigned to execute offensive military cyber operations, (2) designate a principal advisor on offensive military cyber forces and activities, and (3) establish and maintain training capabilities and facilities to support the needs of the Armed Forces and the U.S. Cyber Command for personnel assigned to offensive and defensive cyber missions.
(Sec. 933) Requires: (1) the Secretary to conduct and report on a mission analysis of the cyber operations of DOD, and (2) the Chief of the National Guard Bureau to submit an assessment of the role of the National Guard in supporting such mission.
(Sec. 934) Amends the NDAA for Fiscal Year 2011 to require estimated economic impacts within a required report on progress in defending DOD and the defense industrial base from cyber events such as attacks, intrusions, and theft.
(Sec. 935) Directs DOD's Chief Information Officer (CIO): (1) to update a required plan for the inventory of selected software licenses of DOD to include an additional plan for the inventory of all such licenses for which a military department spends more than $5 million annually on any individual title; and (2) if necessary, to implement a plan to bring the number of required software licenses into balance with DOD needs and the terms of any relevant contract.
(Sec. 936) Requires the Secretary to brief the defense committees on options for strengthening outreach and threat awareness programs for small businesses that are awarded contracts by DOD.
(Sec. 937) Directs the Secretary to provide for the establishment of a joint federation of capabilities to support the trusted defense system needs (security of software and hardware) of DOD. Requires the Secretary to determine whether the federation's purpose can be met by existing centers within DOD and, if not, to devise a strategy for creating and providing resources to fill such gaps.
(Sec. 938) Directs the Secretary to supervise the review, development, modification, and approval of requirements for cloud computing solutions and capabilities for data analysis and storage by the Armed Forces and defense agencies, as well as the acquisition of cloud computing systems and services to meet such requirements. Requires such activities to be integrated with the Intelligence Community Information Technology Enterprise in order to achieve interoperability, information sharing, and other efficiencies.
(Sec. 939) Directs the Secretary to report to Congress on the status of the capability of each military department to operate in non-permissive and hostile cyber environments.
(Sec. 940) Directs the President to establish an interagency process to provide for the establishment of an integrated policy to control the proliferation of cyber weapons through unilateral and cooperative export controls, law enforcement activities, financial means, diplomatic engagement, and other appropriate means. Requires the process established to develop recommendations on means for the control of the proliferation of such weapons.
(Sec. 941) Directs the President to: (1) establish an interagency process to provide for the development of an integrated policy to deter adversaries in space, and (2) submit the policy developed to the committees.
(Sec. 942) Requires each institution of higher education that was designated as a National Center of Academic Excellence in Information Assurance Education as of January 1, 2013, to continue to be so designated through June 30, 2015, provided that the institution maintains the standards for such designation. Directs the Secretary to: (1) make various assessments with respect to such Centers, including their strengths and weaknesses; (2) assess DOD collaboration with such Centers; and (3) submit to Congress a plan for improving Center accrediting or designation processes.
Subtitle E: Total Force Management - (Sec. 951) Requires the DOD Inspector General to submit an assessment of: (1) DOD efforts to compile an annual inventory of services performed pursuant to contracts for services for or on behalf of DOD, and (2) reviews conducted with respect to such contracts and contract activities. Directs the CG to submit an assessment of DOD efforts in developing and implementing a plan for inventory approval and enforcement mechanisms. Extends through 2015 a CG inventory report requirement.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1003) Directs the Secretary, upon the conclusion of FY2018, to ensure that a full audit is performed on the financial statements of DOD for that fiscal year. Requires the Secretary to ensure that such audit occurs by no later than March 31, 2019.
(Sec. 1004) Provides that if the amount authorized for weapons activities of the National Nuclear Security Administration (NNSA) for FY2014 is less than $8.4 billion, the Secretary may transfer to the Secretary of Energy for such purposes up to $150 million. Requires congressional notification of any such transfer.
Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 to extend through FY2014 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia. Requires the Secretary, at least 15 days prior to providing any such assistance, to notify the committees.
(Sec. 1012) Amends the NDAA for Fiscal Year 2004 to extend through FY2015 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities.
(Sec. 1013) Amends the NDAA for Fiscal Year 1998 to extend through FY2016 DOD authority to support counter-drug activities of certain foreign governments. Adds the governments of Chad, Libya, Mali, and Niger to the list of countries eligible for such support.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Amends provisions concerning the Secretary's annual naval vessel construction plan to require (current law permits) the plan to be designed so that the naval force structure provided for under the plan supports the most recent national security strategy submitted by the President. Requires the Secretary, if such plan does not result in such a force structure, to include with the defense budget materials submitted for that fiscal year an assessment of the risk to national security associated with the existing force structure.
(Sec. 1022) Permits the Secretary of the Navy to donate 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. Exempts the United States and any of its officers or employees from liability for any subsequent activities with regard to donated vessels. Prohibits any cost to the United States with respect not only to such transfer, but to any subsequent maintenance, preservation, or demilitarization at the end of the vessel's useful life.
(Sec. 1023) Prohibits (with an exception) any FY2014 DOD funds from being used to retire, inactivate, or place in storage a cruiser or dock landing ship.
(Sec. 1024) Authorizes the Secretary of the Navy to extend or renew the lease of up to four blocking vessels supporting the transit protection system escort program for a conditional period, with prior notification to the committees. Authorizes such Secretary to accept payment in kind for purposes of the settlement of A-12 aircraft litigation.
(Sec. 1025) Directs the Secretary of the Navy to submit an updated comparison of the costs and risks of acquiring DDG-1000 and DDG-51 Flight III vessels equipped for enhanced BMD capability.
(Sec. 1026) Requires the Chief of Naval Operations to report on current and anticipated requirements for combatant naval vessels over the next 30 years.
(Sec. 1027) Amends the NDAA for Fiscal Year 2008 to repeal the requirement that any request for construction of a new class of major combatant vessel for the strike forces of the United States include a specific assessment of such a vessel with an integrated nuclear power system in the analysis of alternatives.
Subtitle D: Counterterrorism - (Sec. 1031) Allows military commissions to include alternate members to replace primary members who are excused from service by challenge, for health reasons, or for other good cause shown. Allows a military judge to grant additional peremptory challenges as required in the interests of justice.
(Sec. 1032) Establishes additional annual report requirements from the Regional Defense Combating Terrorism Fellowship Program.
(Sec. 1033) Prohibits DOD funds from being used, through 2014, to construct or modify any facility in the United States or its territories or possessions to house any individual detained by DOD at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo), for purposes of detention or imprisonment, unless authorized by Congress. Makes such prohibition inapplicable to facility modifications at Guantanamo.
(Sec. 1034) Prohibits funds from this Act from being used, through 2014, to transfer, release, or assist in the transfer or release to or within the United States or its territories or possessions of Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at Guantanamo, by DOD.
(Sec. 1035) Authorizes the Secretary to transfer or release any individual detained at Guantanamo to such individual's country of origin or another country if: (1) the Secretary determines that the individual is no longer a threat to national security, or (2) such transfer or release is to effectuate an order by an appropriate U.S. court or tribunal. Requires, as further determinations prior to such transfer, that: (1) actions have been planned or taken that will substantially mitigate the risk of such individual engaging or reengaging in any terrorist or hostile activity that threatens the United States, and (2) the transfer is in the U.S. national security interest. Outlines factors to be considered in making such determinations, including any confirmed cases of recidivism of individuals previously transferred to such country. Requires the Secretary, at least 30 days prior to such a transfer, to notify the defense, appropriations, and intelligence committees. Defines a detained individual as one located at Guantanamo as of October 1, 2009, who is not a U.S. citizen and is in the custody or control of DOD or otherwise under detention there. Repeals superseded authorities.
(Sec. 1036) Requires the Secretary to submit to the committees a classified report on information relating to individuals detained by DOD at the Detention Facility at Parwan, Afghanistan, pursuant to the Authorization for Use of Military Force who have been determined to represent an enduring security threat to the United States. Requires the Secretary, after such submission, to conduct a declassification review to determine what information, if any, may be made public.
(Sec. 1037) Requires the chief defense counsel and chief prosecutor to have the same grade for purposes of any military commission established to try an alien unprivileged enemy belligerent who is detained at Guantanamo. Authorizes a waiver of such requirement in limited circumstances.
(Sec. 1038) Directs the Secretaries of Defense and State to jointly report on the capability of the government of Yemen to detain, rehabilitate, and prosecute individuals detained at Guantanamo who are transferred to Yemen.
(Sec. 1039) Directs the Attorney General to report on the attachment of rights to individuals detained at Guantanamo upon their transfer to the United States.
Subtitle E: Sensitive Military Operations - (Sec. 1041) Directs the Secretary to notify the committees promptly and in writing upon the completion of any sensitive military operation. Requires such committees to follow procedures designed to protect classified information relating to national security with respect to such information. Requires the Secretary to brief the committees periodically on DOD personnel and equipment assigned to sensitive military operations. Provides a notification exception with respect to a sensitive military operation executed within Afghanistan pursuant to the Authorization for Use of Military Force.
Sec. 1042) Requires the Secretary to brief such committees quarterly outlining DOD counterterrorism operations and related activities.
(Sec. 1043) Directs the Secretary to submit an explanation of the legal and policy considerations and approval processes used in determining whether an individual or group could be the target of a lethal operation or capture operation conducted by U.S. Armed Forces outside the United States and Afghanistan.
Subtitle F: Nuclear Forces - (Sec. 1051) Expresses the sense of Congress that the President should not reduce or consolidate the basing of dual-capable aircraft in Europe unless: (1) the President has taken into account whether the Russian Federation has carried out similar actions, (2) the Secretary has consulted with NATO-member nations, and (3) there is a consensus that the nuclear posture of NATO is not adversely affected. Directs the Secretary to notify the committees at least 90 days before any such reduction or consolidation.
(Sec. 1052) Establishes within DOD the Council on Oversight of the National Leadership Command, Control, and Communications System, to be responsible for oversight of the command, control, and communications system for the national leadership of the United States, including nuclear command, control, and communications. Requires: (1) annual activities reports from the Council, as well as budget and funding matters, and (2) a one-time report from the Secretary to such committees on Council establishment, organization, and a funding plan.
(Sec. 1053) Repeals responsibilities of the Nuclear Weapons Council with respect to nuclear command, control, and communications. Requires the Council to report on joint DOD-Department of Energy (DOE) special nuclear material protection activities.
(Sec. 1054) Amends the NDAA for Fiscal Year 2012 to revise the deadline for DOD submission of a plan for the nuclear weapons stockpile, complex, delivery systems, and command and control system. Provides actions to be taken by the Secretaries of DOD and DOE if they jointly determine that such deadline cannot be met.
(Sec. 1055) Prohibits the obligation or expenditure of FY2014 DOD funds to reduce, convert, or decommission any strategic delivery system if such reduction, conversion, or decommissioning would eliminate a leg of the nuclear triad.
(Sec. 1056) Allows the Secretary to use only funds authorized by this Act or otherwise made available for FY2014 to carry out activities to prepare for reductions of U.S. nuclear forces to meet New START Treaty (Treaty) levels. Directs the Secretary to include in each year's defense budget materials, beginning with FY2015 and ending on the date the Treaty is no longer in force, a display that covers each individual program and activity associated with Treaty implementation. Limits to 50% the amount of the funds authorized by this Act or otherwise made available for FY2014 for environmental assessment activities to support reductions to the nuclear forces that may be obligated or expended until certain actions are taken by the Secretary, the Commander of the U.S. Strategic Command, and the JCS Chairman.
Prohibits the Secretary from converting a B-52 aircraft to a configuration that does not allow the aircraft to perform nuclear missions unless the Secretary has reported to Congress on collaborative efforts among the military departments on activities related to strategic systems to provide efficiencies, improve technology sharing, and yield other potential benefits.
Expresses the sense of Congress that: (1) successful implementation of the Treaty requires the partnership of the President and Congress, (2) the new force structure should preserve Minuteman III intercontinental ballistic missile (ICBM) silos that contained a deployed missile as of the date of enactment of this Act at least in a warm status (very nearly fully operational), and (3) the distribution of any such warm-status silos should not disproportionately affect the force structure of any one operational ICBM wing.
(Sec. 1057) Directs the Secretary of the Air Force to ensure that the Air Force is capable of: (1) deploying multiple independently targetable reentry vehicles to Minuteman III ICBMs, and (2) commencing such deployment within 180 days after the President determines such deployment to be necessary. Requires the Nuclear Weapons Council to ensure that: (1) the nuclear weapons stockpile contains a sufficient number of nuclear warheads for such purpose, and (2) such deployment is capable of being commenced within such period.
(Sec. 1058) Directs the Secretary and the JSC Chairman to jointly report to Congress on whether the Treaty is in the national security interests of the United States.
(Sec. 1059) Directs the Secretary of the Air Force to report to the defense committees on implementation of the recommendations of the Palomares Nuclear Weapons Accident Revised Dose Evaluation Report.
(Sec. 1060) Expresses the sense of Congress that, if the United States seeks further nuclear arms reductions with the Russian Federation that are below Treaty levels, such reductions should: (1) be pursued through a mutually negotiated agreement, (2) be verifiable, (3) be made pursuant to the treaty-making power of the President, and (4) take into account the full range of nuclear weapon capabilities that threaten the United States and its forward-deployed forces and allies.
(Sec. 1061) Expresses the sense of Congress that if the President determines that a foreign nation is in substantial noncompliance with its obligations under a nuclear arms treaty to which the United States is a party in a manner that adversely affects U.S. national security, the President should take specified actions, including assessing such effect and determining the appropriate U.S. response.
(Sec. 1062) States that it is the policy of the United States to modernize or replace the triad (land, sea, and air) of strategic nuclear delivery systems, to proceed with a robust stockpile stewardship program, and to maintain and modernize U.S. nuclear weapons production capabilities. Expresses the sense of Congress: (1) in support of appropriate resources to achieve such objectives and of such modernization or replacement, (2) that the President and Congress should work together to meet such objectives in the most cost-efficient manner possible, (3) upgrading the existing U.S. bomber aircraft fleet must remain a high budget priority, and (4) the Air Force should continue to prioritize development and acquisition of the long-range strike bomber program.
Subtitle G: Miscellaneous Authorities and Limitations - (Sec. 1071) Authorizes the Secretary to establish the Conflict Records Research Center to facilitate research and analysis of records captured from countries, organizations, and individuals now or once hostile to the United States. Outlines related Center activities.
(Sec. 1072) Requires the Secretary to prepare a strategic plan for the management of DOD electromagnetic spectrum every three years (currently, every other year). Requires additional information in each plan, including an estimate of the national security needs of such spectrum over a zero to five-year period, five to ten-year period, and ten to thirty-year period.
(Sec. 1073) Extends through FY2019 DOD authority to provide military transportation services to certain other federal agencies at the DOD reimbursement rate. Allows DOD to use extra capacity on its military transport assets to provide transportation in support of foreign military sales.
(Sec. 1074) Directs the Secretary of the Army to certify that Army force structure modifications, reductions, and additions that will use funds authorized by this Act or otherwise made available for FY2014 are compliant with provisions of the National Environmental Policy Act of 1969. Requires such Secretary, when notifying Congress of any such modification, reduction, or addition, to include an assessment of whether such change will require an environmental assessment or impact statement and, if so, the plan for conducting the assessment or statement.
(Sec. 1075) Directs the Secretary, the Secretary of Homeland Security (DHS), and the Administrator of the Federal Aviation Administration (FAA) to jointly: (1) develop and implement plans and procedures to review the potential of joint testing and evaluation of unmanned aircraft equipment and systems with other appropriate federal departments and agencies for purposes of meeting future requirements of combatant commanders and strengthening international border security, and (2) report to Congress on the status of the development of such plans and procedures. Expresses the sense of Congress that: (1) the use of aircraft simulators offers cost savings and provides members cost-effective preparation for combat, and (2) existing synergies between DOD and private sector entities should be maintained and cultivated to provide members with the most cost-effective aircraft simulation capabilities possible.
Subtitle H: Studies and Reports - (Sec. 1081) Directs that unclassified reports required of any element of DOD be made available on a publicly accessible DOD website.
(Sec. 1082) Requires periodic assessments of combat support agencies by the JCS Chairman to also be submitted to the defense and appropriations committees (under current law, only to the Secretary).
(Sec. 1083) Requires the inclusion, in an annual report from the Secretary describing interagency coordination relating to humanitarian demining technology, of interagency efforts to coordinate RDT&E for such technology as well as mechanical clearance methods.
(Sec. 1084) Repeals or modifies various obsolete or unnecessary reports and report requirements under federal armed forces provisions and prior national defense authorization Acts.
(Sec. 1085) Amends the NDAA for Fiscal Year 2012 to repeal a required CG assessment of DOD efficiencies.
(Sec. 1086) Requires: (1) the Secretary to review and report on U.S. Special Operations Forces organization, capabilities, structure, and oversight; and (2) report review results. Requires the CG to submit a review of such report.
(Sec. 1087) Directs the Secretary, the Secretary of Transportation (DOT), the FAA Administrator, and the Administrator of the National Aeronautics and Space Administration (NASA) to jointly report to Congress with respect to the testing and assessment of, and improvements to, unmanned aircraft systems. Requires a separate report from the DOD Secretary on resource requirements necessary to meet the milestones for such systems' integration as described in the five-year roadmap under the FAA Modernization and Reform Act.
(Sec. 1088 Directs the Secretary to submit an assessment of the current DOD approach for managing foreign language support contracts.
(Sec. 1089) Requires the Secretary of the Air Force to report on the size and suitability of the Civil Air Patrol fleet.
Subtitle I: Other Matters - (Sec. 1091) Makes technical and clerical amendments to federal armed forces provisions and prior national defense authorization Acts.
(Sec. 1092) Allows a DOD official with milestone decision authority, upon determining that there is a critical change in a major automated information system program that is due primarily to program extension, to certify such determination to the committees. Requires total acquisition costs (under current law, development costs) to be included in such systems' cost, schedule, and performance information.
(Sec. 1093) Extends through 2018 DOT authority to issue aviation insurance and reinsurance.
(Sec. 1094) Amends the NDAA for Fiscal Year 2012 to extend through FY2017 a program of assigning civilian DOD employees as advisors to the ministries of defense of friendly foreign countries. Requires the Under Secretary of Defense for Policy to issue an update of the DOD policy concerning such assignments. Extends related annual report requirements. Extends by one year: (1) the requirement for submission of a CG report on such assignments, and (2) DOD authority to waive reimbursement of costs of activities of nongovernmental and international organization personnel participating in activities at DOD regional centers for security studies.
(Sec. 1095) Amends the NDAA for Fiscal Year 2013 to authorize (current law requires) a specified payment for service on the National Commission on the Structure of the Air Force.
Adds authorities for the Military Compensation and Retirement Modernization Commission, including the authority to use of government information and postal services, to accept gifts, and to procure personal services of experts or consultants. Revises the Commission's report deadlines, termination date, and funding.
(Sec. 1096) Directs the Secretary to develop and implement a strategy for sustaining through FY2020 military information operations capabilities for future contingencies.
(Sec. 1097) Expresses the sense of Congress that the Secretary and the Secretary of Homeland Security (DHS) should seek to collaborate on enhanced U.S. border security, including by identifying excess DOD property that could be suitable for DHS to support border security efforts.
(Sec. 1098) Directs the DHS Secretary to begin transfer of: (1) seven demilitarized HC-130H aircraft to the Secretary of the Air Force, and (2) initial spares and ground support equipment for such aircraft to the Secretary of Agriculture for use by the Director of Aviation and Fire Management of the Air Force. Limits the obligation of funds for maintenance and modifications necessary for use of the transferred aircraft.
Directs the Secretary of Defense to begin transfer of: (1) not more than 15 demilitarized C-23B+ Sherpa aircraft to the Secretary of Agriculture to meet fire-fighting requirements, and (2) initial spares and ground support equipment for such aircraft to the Secretary of Agriculture for use by such Director.
Requires the Secretary of Defense to begin transfer of: (1) 14 C-27J aircraft to the DHS Secretary, and (2) excess initial spares and necessary ground support equipment for such aircraft to such Secretary for use by the Commandant of the Coast Guard as maritime patrol aircraft.
Directs the Secretary of Defense to extend to the chief executive officer of Alaska the opportunity to take title to up to eight C-23 aircraft.
Requires the Secretary of the Air Force to consider, as part of the recapitalization of the Air Force tactical airlift fleet, upgrades to C-130H aircraft to meet Air Force fuel efficiency goals and retention of such aircraft in the tactical airlift fleet.
Title XI: Civilian Personnel Matters - (Sec. 1101) Amends the Hunter Act to extend through 2014 DOD authority to waive the annual limit on premium pay as well as the aggregate pay limit for certain federal employees working abroad.
(Sec. 1102) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2015 the authority of federal departments and agencies to grant certain allowances, benefits, and gratuities to civilian employees on official duty in a combat zone.
(Sec. 1103) Extends through FY2018: (1) a voluntary reduction-in-force authority with respect to DOD civilian employees, and (2) the authority to make lump-sum severance payments to certain DOD civilian employees.
(Sec. 1105) Removes specific items for which the Secretary may provide financial assistance to students under the Science, Mathematics, and Research for Transformation (SMART) program (thereby allowing the Secretary more flexibility in providing such assistance). Requires the Secretary to: (1) brief the defense committees on the impacts of rising costs of higher education on the number of students that DOD can accept into the SMART program, and (2) submit an assessment of specified programs within DOD's Elementary and Secondary Science, Technology, Engineering, and Mathematics (STEM) program. Prohibits the termination or jurisdictional transfer of any of such programs until 30 days after the submission of such assessments. Directs the Secretary to brief the committees on an assessment of the National Security Science and Engineering Faculty Fellowship program.
(Sec. 1106) Amends the NDAA for Fiscal Year 2010 to extend through FY2018 a program for the temporary exchange of information technology personnel between DOD and the private industry.
(Sec. 1107) Provides the director of any DOD science and technology reinvention laboratory with direct appointment authority in the case of qualified candidates possessing a bachelor's degree or qualified veterans. Provides appointment limits. Terminates such appointment authority at the end of 2019. Establishes in each laboratory a category of senior professional scientific and technical positions, the incumbents of which shall be designated as "senior scientific technical managers," and allows such directors to directly appoint individuals to such positions. Terminates such appointment authority at the end of 2019. Outlines reporting requirements with respect to all appointment authority under this section.
(Sec. 1108) Directs the Secretary to prescribe regulations implementing the authority of a provision of the NDAA for Fiscal Year 2010 regarding the availability of funding for the compensation of DOD civilian personnel.
(Sec. 1109) Extends through 2020 DOD enhanced authority for the recruitment, appointment, and retention of health care personnel for the care and treatment of wounded or injured members. Repeals an obsolete recruitment strategy requirement.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the NDAA for Fiscal Year 2006 concerning a DOD program to build the capacity of certain friendly foreign military forces to include under such program building the capacity of a foreign country's security forces to conduct counterterrorism operations. Increases the annual funding limit for such program. Requires the Secretary to include within the annual DOD budget materials submitted for FY2015 and thereafter a description of the proposed planning and execution of funds in connection with such program. Requires a report from the Secretary on the scope of counterterrorism operations for which such assistance is authorized. Terminates the program at the end of FY2017.
(Sec. 1202) Amends the NDAA for Fiscal Year 2012 to revise congressional notification requirements of the Secretaries of Defense and State with respect to assistance provided from the Global Security Contingency Fund. Requires such Secretaries to submit to Congress the guidance and processes used for the exercise of such authority and to submit additional reports following any modifications to such guidance and processes. Terminates an assistance funding limit for FY2013 and thereafter.
(Sec. 1203) Allows U.S. general purpose forces to train with the military or security forces of a friendly foreign country if the Secretary determines that such training is in the national security interest. Authorizes DOD payment of incremental expenses incurred by a foreign country in connection with such training, with a fiscal year limit of $10 million. Requires reports from the Secretary to the defense, appropriations, and foreign relations committees after any year in which such training is conducted. Terminates such authority at the end of FY2017.
(Sec. 1204) Authorizes the Secretary, with the concurrence of the Secretary of State, to provide assistance to the military and civilian response organizations of countries that share a border with Syria in order for such countries to respond to incidents involving weapons of mass destruction in Syria and the surrounding region. Authorizes the Secretary to use DOD O&M funds for such purpose. Directs the Secretary to notify the committees if the amount of such assistance in a fiscal year is expected to exceed $4 million. Requires detailed annual reports from the Secretary on assistance provided. Terminates such authority at the end of FY2017.
(Sec. 1205) Codifies under federal law the National Guard State Partnership Program (international partnerships to support the building of mutual security capacity, including emergency or disaster response). Provides additional Program purposes, as well as funding limitations. Repeals superseded Program authority under the NDAA for Fiscal Year 2010. Terminates Program authority at the end of FY2016.
(Sec. 1206) Directs the Secretary to develop a strategic framework for U.S. counterterrorism assistance and cooperation in the Sahel and Maghreb regions of Africa, including for programs conducted under the Trans-Sahara Counter Terrorism Partnership, Operation Enduring Freedom-Trans Sahara, and related security assistance authorities. Requires: (1) a joint report from the Secretaries of Defense and State on the framework developed; and (2) the President to submit a strategy to counter armed threats and support the consolidation of regional security in Somalia. Directs the President to report annually for three years on the strategy developed and progress made with respect to security, stability, development, and governance within Somalia. Requires the DNI to submit a classified intelligence assessment of the terrorist organization known as al-Shabaab. Directs the President to designate a senior government official to coordinate among various government agencies existing export strategies, with the goal of significantly increasing U.S. real dollar exports to Africa.
(Sec. 1207) Authorizes the Secretary to furnish assistance to the armed forces of Jordan to support their ability to maintain security along the Jordan-Syria border. Allows such assistance only if the Secretary certifies that the government of Jordan is continuing to support and maintain efforts to increase security along such border. Provides funding limits. Requires the Secretary to notify the defense, appropriations, and foreign relations committees at least 15 days in advance of providing such assistance. Terminates assistance authority at the end of 2015.
(Sec. 1208) Codifies under federal law the authority of the Secretary to provide logistic support, supplies, and services for foreign forces participating in operations to mitigate and eliminate the threat posed by the Lord's Resistance Army in Uganda. Increases from $35 million to $50 million the fiscal year funding limit for such assistance. Provides a FY2014 funding limitation until the Secretary reports to Congress on Operation Observant Compass. Terminates assistance authority at the end of FY2017. Repeals superseded provisions under the NDAA for Fiscal Year 2012.
Subtitle B: Matters Relating to Afghanistan, Pakistan, and Iraq - (Sec. 1211) Amends the NDAA for Fiscal Year 2012 to extend through FY2014 the Commander's Emergency Response Program (urgent humanitarian and reconstruction relief) in Afghanistan. Reduces the FY2014 funding for such Program. Repeals required quarterly congressional briefings, instead requiring a one-time report from the Secretary on lessons learned and best practices from the execution of such program from Iraq and Afghanistan.
(Sec. 1212) Amends the Skelton Act to lower the annual funding limit, while extending through FY2014 the authority, for using DOD funds for former insurgent reintegration activities in Afghanistan.
(Sec. 1213) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 the authority for reimbursement of certain coalition countries for logistical and military support provided in connection with U.S. military operations in Operations Iraqi Freedom and Enduring Freedom. Reduces FY2014 reimbursement funding. Extends through FY2014 notification and reimbursement limitation requirements applicable to such support provided by Pakistan.
(Sec. 1214) Amends the NDAA for Fiscal Year 2012 to extend through FY2014 DOD authority to support operations of the Office of Security Cooperation in Iraq. Provides an FY2014 funding limit. Allows such Office's training to include elements that promote observance of and respect for human rights and fundamental freedoms, military professionalism, and respect for legitimate civilian authority within Iraq. Requires additional updates to a report on Office activities.
(Sec. 1215) Amends the Skelton Act to extend through FY2014, with a funding limit, a DOD program to develop and carry out infrastructure projects in Afghanistan. Requires an assessment of the capability of the Afghan National Security Forces to provide security for projects funded under such program after January 1, 2015. Directs the Secretary to submit a plan for the transition to the government of Afghanistan, or to an Afghan-owned utility, of the management of projects funded through the Afghanistan Infrastructure Fund, with a goal of completing such transition by the end of 2014.
(Sec. 1216) Requires the Secretary to withhold from obligation for assistance to Afghanistan for FY2014 100% of the total taxes assessed by the government of Afghanistan during FY2013, to the extent that such taxes have not been reimbursed by Afghanistan. Allows a waiver of such requirement when considered necessary to achieve U.S. goals in Afghanistan. Requires a report from the Secretary to the defense committees on the total taxes assessed by Afghanistan during FY2013.
(Sec. 1217) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 DOD authority to reimburse certain coalition countries for support provided for U.S. military operations. Extends from September 30 to December 31, 2014, DOD authority to use acquisition and cross-servicing agreements to lend military equipment to foreign forces in Iraq and Afghanistan who are participating with the United States in combined military operations. Requires such equipment to be used for personnel protection and survivability.
(Sec. 1218) Amends the Refugee Crisis in Iraq Act of 2007 to direct the Secretary of State and Homeland Security to improve the efficiency by which Iraqi special immigrant visa applications are processed so that all steps for the issuance of such visas are completed within nine months after the application is submitted. Allows applicants to obtain legal representation during the application process. Provides a review process for applicants denied Chief of Mission approval. Directs the Secretary of State to designate an Iraqi Special Immigrant Visa Coordinator to oversee the efficiency and integrity of the processing of Iraqi special immigrant visas. Limits to 2,500 the total number of aliens who may be provided special immigrant status and requires such aliens to have been employed by or on behalf of the United States in Iraq for at least a one-year period between March 20, 2003, and September 30, 2013. Requires: (1) a report from such Secretaries to the judiciary, defense, and foreign relations committees on visa efficiency improvements implemented, and (2) quarterly reports on a Department of State website describing such improvements. Requires the Secretaries of Defense, State, and Homeland Security to designate within their respective departments a senior coordinating official to carry out prescribed duties with regard to the issuance of special immigrant visas under this section.
(Sec. 1219) Amends the Afghan Allies Protection Act of 2009 to provide a similar review process for Afghan special immigrant visa applicants denied Chief of Mission approval. Directs the Secretary of State to designate an Afghan Special Immigrant Visa Coordinator to oversee the efficiency and integrity of the processing of Afghan special immigrant visas. Allows applicants to obtain legal representation during the application process. Directs the Secretaries of State and Homeland Security to carry out the same application processing improvements with respect to such visas by the same deadline. Requires the same one-time and quarterly reports with respect to the implementation of efficiency improvements to the Afghan special immigrant visa process.
Subtitle C: Matters Relating to Afghanistan Post 2014 - (Sec. 1221) Expresses the sense of Congress that: (1) disrupting and degrading the Haqqani Network (a Taliban-allied Islamic insurgent group) should be a high priority, and (2) the Administration should use the full extent of its authority to deny the Network its required financing. Requires: (1) a report from the President to the defense, foreign relations, and intelligence committees on activities and a plan to disrupt such Network's activities and finances; and (2) a report update within 180 days after the original report.
(Sec. 1222) States that it is U.S. policy that the accelerated transition from U.S. Armed Forces to the Afghan National Security Forces of security responsibility in, and the associated withdrawal of U.S. forces from, Afghanistan shall be completed by the end of 2014. Expresses the sense of Congress that, before making a public announcement regarding the decision on a U.S. presence in Afghanistan after such date, the President should consult with Congress regarding the size, mission, and estimated duration of such presence.
(Sec. 1223) Directs the Secretary to submit to the defense, appropriations, and intelligence committees a plan regarding DOD intelligence assets and personnel supporting military operations in Afghanistan in relation to the drawdown of U.S. Armed Forces there.
(Sec. 1224) Limits to 50% the amount of funds authorized by this Act or otherwise made available under prior defense authorization Acts for FY2014 that may be used for infrastructure projects or reintegration activities in Afghanistan until 15 days after the Secretary makes a specified certification to the defense, appropriations, and foreign relations committees with respect to the bilateral security agreement with Afghanistan. Authorizes the Secretary to waive such limitation in the national security interest.
Subtitle D: Matters Relating to Iran - (Sec. 1231) Directs the Secretary to report to the defense committees on the U.S. military partnership with Gulf Cooperation Council countries.
(Sec. 1232) Amends the NDAA for Fiscal Year 2010 to require additional information in a report concerning the military power of Iran.
(Sec. 1233) Amends the Foreign Assistance Act of 1961 to authorize the President to enter into cooperative arrangements for the participation of foreign and U.S. military and civilian defense personnel in integrated air and missile defense programs.
Subtitle E: Reports and Other Matters - (Sec. 1241) Amends the Hunter Act to extend through FY2015 the non-conventional assisted recovery program for certain DOD, federal government, and other designated personnel supporting U.S. national interests in isolated areas.
(Sec. 1242) Amends the NDAA for Fiscal Year 2000 to include certain additional information in a required report on military and security developments involving the People's Republic of China.
(Sec. 1243) Directs the Secretary to report on the posture and readiness of U. S. Armed Forces to respond to a request by the Department of State to supplement or support existing embassy security assets in the case of an attack or other contingency against a U.S. diplomatic facility overseas.
(Sec. 1244) Prohibits FY2014 DOD funds from being obligated or expended to establish regional special operations forces coordination centers. Requires a report from the Secretary on the concept, intent, and purpose of, and validated requirements justifying the establishment of, such centers.
(Sec. 1245) Amends the NDAA for Fiscal Year 2012 to require, when appropriate, updates on reports concerning military and security developments involving North Korea.
(Sec. 1246) Expresses the sense of Congress that: (1) further limitations on U.S. missile defense capabilities are not in the national security interest; (2) the New START Treaty and a unilateral statement on missile defense by the Russian Federation (Russia) does not limit U.S. activities that might be required to protect the United States, its Armed Forces, or its allies from limited ballistic missile attack; (3) the United States will welcome steps by Russia to adopt a fundamentally defensive strategic posture; (4) any missile defense cooperation with Russia should in no way limit U.S. or NATO missile defense capabilities; (5) the United States should not provide Russia with sensitive missile defense information, including "hit-to-kill" technology and telemetry data for missile defense interceptors or target vehicles; and (6) U.S. sovereignty and its ability to unilaterally pursue its own missile defense programs shall be protected. Prohibits: (1) FY2014-FY2016 DOD funds from being used to provide Russia with such technology and data, and (2) FY2014 DOD funds from being used to provide Russia with sensitive missile defense information that would in any way compromise U.S. national security. Requires the Secretary to notify Congress at least seven days in advance of providing Russia with missile defense information that the Secretary determines will not compromise U.S. national security.
(Sec. 1247) Amends the Arms Control and Disarmament Act to: (1) add specified committees as recipients of an annual report concerning adherence to arms control agreements and commitments; and (2) require an annual briefing of such committees concerning such report.
(Sec. 1248) Expresses the sense of Congress that: (1) the United States should develop a plan to reduce the spread of technology and expertise that could support the ballistic missile development programs of Iran, North Korea, and Syria, as well as any other nation determined by the U.S. government to be a ballistic missile proliferation risk; and (2) such plan should include efforts to secure the cooperation of Russia and China. Requires a report from the Secretary to Congress on actions taken or planned to reduce such risk.
(Sec. 1249) Directs the Secretary to report semiannually to the defense committees on international agreements relating to DOD that have entered into force, have been amended, or have been terminated during the previous six months and that were previously identified to Congress by the Secretary of State. Terminates such requirement at the end of 2019.
(Sec. 1250) Corrects certain statutory references to former NATO support organizations and related NATO agreements under federal armed forces provisions and the Arms Export Control Act.
(Sec. 1251) Expresses the sense of Congress that any executive agreement between the United States and Russia relating to BMD should not limit the development or deployment of BMD systems or capabilities of either the United States or NATO. Requires the President, prior to signing such an agreement, to brief the defense, appropriations, and foreign relations committees on the agreement's objectives and content.
(Sec. 1252) States that nothing in this Act shall be construed as authorizing the use of force against Syria or Iran.
(Sec. 1253) Prohibits the use of any DOD funds for FY2014 to implement the Arms Trade Treaty unless it has received the advice and consent of the Senate and has been the subject of implementing legislation by Congress.
(Sec. 1254) Directs the Secretary to report to the defense and foreign relations committees on the security and military strategy of Russia.
(Sec. 1255) Prohibits any FY2014 DOD funds from being used to make a contract, grant, or cooperative agreement with, or provide a loan or loan guarantee to, Rosoboronexport. Authorizes a waiver by the Secretary in the national security interest and requires 30 days' prior notification to Congress of the obligation of funds for such purpose. Requires a report to Congress if such waiver is exercised.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates FY2014 funds among specified CTR programs. Prohibits FY2014 funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification. Requires quarterly briefings from the Secretary to the defense, appropriations, and foreign relations committees on CTR funding activities.
(Sec. 1303) Amends the NDAA for Fiscal Year 2010 to extend through 2018 DOD authority to accept certain contributions for CTR activities.
(Sec. 1304) Directs the Secretary to establish a strategy to reduce the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region. Requires such strategy to include: (1) an assessment of gaps in current cooperative nonproliferation efforts, (2) an articulation of threat reduction priorities in such region, (3) establishment of appropriate metrics for determining success in reducing such threat, and (4) steps to ensure that the strategy fits with broader U.S. efforts to reduce the threat from weapons of mass destruction. Requires the strategy and a plan for its implementation to be submitted to the defense, appropriations, and foreign relations committees.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2014 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, and (6) the Defense Health Program.
Subtitle B: National Defense Stockpile - (Sec. 1411) Amends the Strategic and Critical Materials Stock Piling Act to direct the President to provide for the recovery of any strategic and critical materials from excess materials made available by federal agencies. Allows funds from the National Defense Stockpile Transaction Fund to be used for encouraging the conservation of such materials.
(Sec. 1412) Authorizes the National Defense Stockpile Manager to acquire specified materials determined to be strategic and critical to meet the defense, industrial, and essential civilian needs of the United States. Allows the Manager to use up to $41 million for such purpose and to make such purchases during FY2014-FY2019.
Subtitle C: Other Matters - (Sec. 1421) Earmarks specified funds for transfer from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
(Sec. 1422) Authorizes appropriations for FY2014 for the Armed Forces Retirement Home and for Army cemeterial expenses.
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1501) Authorizes appropriations for DOD for FY2014 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) drug interdiction and counter-drug activities, (7) the Defense Inspector General, and (8) the Defense Health Program.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Limitations, Reports, and Other Matters - (Sec. 1531) Requires funds authorized for the Afghanistan Security Forces Fund to be subject to Fund use and other conditions outlined under the NDAA for Fiscal Year 2008. Directs the Secretary to revise a Fund use plan originally established under the NDAA for Fiscal Year 2013 to ensure that an office or official of DOD is made responsible for each program or activity utilizing such funds. Requires the Secretary to submit the revised plan to the committees within 90 days after the enactment of this Act. Earmarks specified Fund amounts for FY2014 for the recruitment and retention of women in the Afghanistan National Security Forces. Authorizes, after notification to the committees: (1) the Secretary to accept equipment previously transferred to the security forces of Afghanistan, and (2) such equipment to be treated as DOD stocks. Requires quarterly reports detailing all equipment transferred from such forces and accepted by DOD.
(Sec. 1532) Requires funds authorized for the Joint Improvised Explosive Device Defeat Fund to be subject to fund use and transfer conditions outlined in the Warner Act. Terminates a Fund obligation or transfer notification requirement at the end of 2014. Extends through 2014 DOD authority to provide specified Fund amounts to Pakistan for countering the flow of improvised explosive device precursor chemicals from Pakistan to locations in Afghanistan. Requires semiannual Fund expenditure reports from the Secretary.
(Sec. 1533) Directs the Secretary to report on the future DOD plans for the Joint Improvised Explosive Device Defeat Organization.
(Sec. 1534) Amends the Skelton Act to extend through FY2014 the authority of, and authorization of appropriations for, the Task Force for Business and Stability Operations in Afghanistan. Provides FY2014 funding. Prohibits the availability of FY2014 funds for developing the mining and oil and gas sectors until the Secretary certifies to the defense committees that Afghanistan has agreed to reimburse the United States for any amount expended from royalties received from mining or oil and gas contracts awarded by the government of Afghanistan. Changes from quarterly to semiannually a required report on the implementation of a Task Force transition action plan.
Title XVI: Industrial Base Matters - Subtitle A: Defense Industrial Base Matters - (Sec. 1601) Requires the DOD Inspector General to: (1) conduct periodic audits of Buy American procurement contracting practices and policies, and (2) ensure that audit findings and related information are included in a required semiannual report to Congress.
(Sec. 1602) Prohibits the Secretary from contracting with a foreign entity for satellite services if the Secretary believes that: (1) China, North Korea, or any country that is a state sponsor of terrorism has an ownership interest in the entity that enables that government to affect satellite operations; or (2) the entity plans or is expected to provide launch or other satellite services under the contract from such a country. Provides a national security interest exception under which the Secretary is required to submit a national security assessment for such contract at least seven days in advance.
Prohibits the President from authorizing or permitting the construction of a global navigation satellite system ground monitoring station directly or indirectly controlled by a foreign government in a U.S. territory unless the Secretary and the DNI jointly certify that such station will not possess the capability or potential to be used for gathering intelligence in the United States or for improving any foreign weapon system. Provides a national security waiver exception which requires a joint report as to the reasons for such waiver. Terminates such prohibition five years after the enactment of this Act.
(Sec. 1603) Authorizes the Secretary to establish and implement the Proof of Concept Commercialization Pilot Program to accelerate the commercialization of basic research innovations from nonprofit institutions or federal laboratories. Authorizes the provision of awards to such institutions or laboratories using a competitive, merit-based process. Limits awards to $500,000 per year per institution. Requires a report from the Secretary to Congress evaluating the effectiveness of activities under the Pilot Program. Terminates the program at the end of FY2018.
Subtitle B: Matters Relating to Small Business Concerns - (Sec. 1611) Requires any contract awarded to a small business that would exceed the applicable small business size standard to include a clause that would encourage the small business to develop the capabilities and characteristics recommended in order to remain competitive for such contracts. Authorizes the DOD procurement technical assistance cooperative agreement program to provide assistance to such small businesses without the application of certain funding and cost-sharing limitations. Requires the Secretary to report in each of 2015 through 2017 on the implementation of this section.
(Sec. 1612) Increases the maximum federal share and per-entity assistance limits under the procurement technical assistance cooperative agreement program.
(Sec. 1613) Amends the Small Business Act to require the head of each federal agency, with respect to federal procurement contracting goals with small businesses, to annually submit to the Administrator of the Small Business Administration (SBA) a remediation plan with proposed new practices to better meet such goals.
(Sec. 1614) Amends Small Business Act provisions relating to federal agency contracting and subcontracting goals with respect to small businesses to require each subcontracting plan to include: (1) additional assurances, including that an offeror or bidder and all subcontractors involved will monitor compliance with approved subcontracting plans; and (2) a recitation of the types of records that the successful offeror or bidder will maintain to demonstrate compliance by subcontractors at all tiers with requirements and goals set forth in the plan. Allows prime contractors under a subcontracting plan pertaining to a single contract to receive credit under such goals for using small businesses as first tier subcontractors or at any tier under such plan. Allows the prime contractor, if the subcontracting goals pertain to more than one contract with one or more federal agencies or to one contract with more than one federal agency, to count only first tier subcontractors that are small businesses. Requires the SBA Administrator, the Secretary, and the Administrator of General Services (GSA) to: (1) submit to the small business and defense committees a plan to implement this section, and (2) complete the actions required under the plan within one year after the enactment of this Act.
Title XVII: Sexual Assault Prevention and Response and Related Reforms - Subtitle A: Reform of Uniform Code of Military Justice - (Sec. 1701) Provide specific rights for victims of offenses under the Uniform Code of Military Justice (UCMJ), including the right to: (1) be protected from the accused; (2) reasonable, accurate, and timely notice of any public proceeding involving the offense; (3) not be excluded from such proceeding (with an exception); (4) confer with trial counsel in the case; (5) full and timely restitution; (6) proceedings free from unreasonable delay; and (7) be treated with fairness and respect for the victim's dignity and privacy. Provides for the assumption of such rights by a legal guardian in the case of a victim who is under 18 years old, incompetent, incapacitated, or deceased. Directs the Secretary to recommend to the President appropriate changes in the Manual for Courts-Martial and to prescribe regulations for the enforcement of such rights.
(Sec. 1702) Replaces the requirement of an investigation of a charge or specification made for a possible general court-martial under the UCMJ with a requirement for a preliminary hearing, which shall be limited to a determination of probable cause, appropriate jurisdiction, the form of charges, and a recommendation of case disposition. Outlines provisions concerning hearing officer requirements, rights of the accused and victim during such hearing, and convening authority action on the findings of a hearing officer.
(Sec. 1703) Eliminates the five-year statute of limitations with respect to UCMJ actions for sexual assault and sexual assault of a child.
(Sec. 1704) Requires the defense counsel under a UCMJ proceeding to make any request to interview the alleged victim of a sex-related offense, whom the trial counsel of the alleged victim intends to call to testify at a preliminary hearing, through the trial counsel. Requires an interview of any such individual to take place only in the presence of trial counsel, a counsel for the victim, or a Sexual Assault Victim Advocate.
(Sec. 1705) Requires mandatory dismissal or dishonorable discharge of a person found guilty under the UCMJ of rape, sexual assault, forcible sodomy, or an attempt thereof. Provides that only general courts-martial have jurisdiction over such offenses.
(Sec. 1706) Allows a complaining witness to be given an opportunity to submit matters for consideration by the convening authority in the clemency phase of a court-martial. Requires such submission to be made within 10 days after the complaining witness is given a trial record or the date on which such witness has been given a recommendation by a staff judge advocate or legal officer. Allows such period to be extended by up to an additional 20 days for good cause shown. Allows a complaining witness to waive such right in writing (which cannot be revoked).
(Sec. 1707) Replaces the UCMJ offense of sodomy with the offenses of forcible sodomy and bestiality (thereby, in effect, repealing the offense of consensual sodomy).
(Sec. 1708) Requires the discussion pertaining to Rule 306 of the Manual for Courts-Martial (relating to policy on initial disposition of offenses) to be amended to strike the character and military service of the accused from factors to be considered by a commander in deciding how to dispose of an offense.
(Sec. 1709) Directs the Secretary to prescribe regulations, or to require the department Secretaries to prescribe regulations, that prohibit retaliation against a victim or member who reports a criminal offense. Requires a report from the Secretary to the defense committees as to whether the UCMJ should be amended to prohibit such retaliation.
Subtitle B: Other Amendments to Title 10, United States Code - (Sec. 1711) Prohibits any person convicted of rape or sexual assault, forcible sodomy, incest, or an attempt thereof from being processed for commissioning or being permitted to enlist in the Armed Forces. Repeals an inconsistent provision under the NDAA for Fiscal Year 2013.
(Sec. 1712) Directs the Secretary concerned (under current law, the Secretaries of the military departments) to issue regulations to ensure the timely determination of a request for a permanent change of station or unit transfer by a member who is the victim of a sexual assault or related offense (thereby including the Coast Guard within such requirement).
(Sec. 1713) Authorizes the Secretary concerned to provide guidance for commanders regarding their authority to make a timely determination and take action regarding the temporary reassignment or removal of a member serving on active duty who is alleged to have committed a sexual assault or other sex-related offense. Requires additional training for such commanders in such regard.
(Sec. 1714) Revises military whistleblower protection provisions to include as a prohibited retaliatory personnel action making or threatening to make a significant change in a member's duties or responsibilities not commensurate with the member's grade. Requires the inspector general of the military department concerned to investigate allegations of a violation of any law, rule, or regulation, including those prohibiting rape, sexual assault, or other sexual misconduct under the UCMJ. Requires the Secretary concerned (under current law, only the Secretary of Defense) to report investigation results. Directs the Secretary concerned, or the DHS Secretary in the case of the Coast Guard, to determine whether there is sufficient basis to conclude that a prohibited action has occurred and, if so, to take appropriate action, including a correction of records or disciplinary action against the perpetrator.
(Sec. 1715) Requires the appropriate inspector general to investigate allegations of retaliatory personnel actions taken in response to making protected communications regarding alleged instances of rape, sexual assault, or other forms of sexual misconduct in violation of the UCMJ.
(Sec. 1716) Directs the Secretary concerned to designate legal counsel (knows as a Special Victims' Counsel) to provide legal assistance to a member or dependent who is the victim of a sex-related offense, whether the allegation is restricted (confidential) or unrestricted. Requires enhanced training for all military and civilian attorneys providing such assistance. Requires the Secretary, and the Secretary of Homeland Security with respect to the Coast Guard, to report to specified committees on the implementation of such requirements.
Subtitle C: Amendments to Other Laws - (Sec. 1721) Requires the Secretary to direct the Secretaries of the military departments to verify and track the compliance of their commanding officers in conducting organizational climate assessments as required under the NDAA for Fiscal Year 2013.
(Sec. 1722) Amends the NDAA for Fiscal Year 2013 to revise the due date of a report from a panel to review and assess sexual assault military response systems.
(Sec. 1723) Amends the NDAA for Fiscal Year 2013 to require the Secretary (under current law, only at the request of the member) to retain sexual assault forms and records for at least 50 years.
(Sec. 1724) Amends the NDAA for Fiscal Year 2012 to require the Secretary concerned to ensure that each member of the National Guard or reserves who is the victim of a sexual assault has timely access to a sexual assault response coordinator.
(Sec. 1725) Amends the Skelton Act to require the Secretary to develop necessary qualifications of and training for a member or civilian DOD employee to be selected as a sexual assault response and prevention program manager, sexual assault response coordinator, or sexual assault victim advocate. Directs the Secretary of each military department to assign at least one sexual assault nurse examiner to each military medical treatment facility in which an emergency department operates 24 hours per day. Directs the Secretary to prepare and submit to the defense committees a report on a prior review concerning the adequacy of the training, qualifications, and experience of each member and civilian DOD employee assigned to a position that includes responsibilities for sexual assault prevention and response.
(Sec. 1726) Provides additional duties for the Director of the Sexual Assault Prevention and Response Office within DOD, including: (1) collecting and maintaining data of the military departments on sexual assault, (2) acting as liaison between DOD and other federal and state agencies on sexual assault prevention and response programs and efforts, and (3) overseeing development of strategic program guidance and joint planning objectives in support of such program. Requires the Director to also develop metrics to measure the effectiveness of, and compliance with, training and awareness objectives of the military departments on sexual assault prevention and response.
Subtitle D: Studies, Reviews, Policies, and Reports - (Sec. 1731) Requires the Response Systems Panel (established under the NDAA for Fiscal Year 2013) to assess the impact that removing from the chain of command any disposition authority regarding charges preferred under the UCMJ would have on the overall reporting and prosecution of sexual assault cases. Requires related assessments by such Panel and the Judicial Proceedings Panel and requires the latter Panel to include assessment findings in one of its reports required under such Act.
(Sec. 1732) Directs the Secretary to: (1) review the practices of the military criminal investigative organizations with respect to UCMJ involving members, including whether they make a recommendation regarding whether the allegation appears founded or unfounded; and (2) develop a uniform policy for the Armed Forces regarding the use of case determinations to record the results of such investigations.
(Sec. 1733) Requires the Secretary to: (1) review the adequacy of training and education provided to members on sexual assault prevention and response, and (2) report review results to the defense committees.
(Sec. 1734) Directs the Secretary to review, and report to the defense committees on, progress made in developing and implementing the comprehensive policy (as required under the NDAA for Fiscal Year 2012) on the retention of and access to evidence and records relating to sexual assaults involving members.
(Sec. 1735) Directs the Secretary to conduct a review of DOD's Office of Diversity Management and Equal Opportunity.
Subtitle E: Other Matters - (Sec. 1741) Directs the Secretary and the and the Secretary of the department in which the Coast Guard is operating to maintain a policy to define and prescribe what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between: (1) a member who exercises authority or control over, or supervises a person during entry-level process or training; and (2) a prospective member or member undergoing such processing or training. Makes violators subject to prosecution under the UCMJ. Directs such Secretaries to require the processing for administrative separation of any member described in (1), above, in response to the first substantiated violation of such policy, if the member is not otherwise punitively discharged or dismissed for such violation. Requires the DOD Secretary to submit to the defense committees a proposed UCMJ punitive article regarding such violations.
(Sec. 1742) Requires a commanding officer who receives a report of a sexual-related offense involving a member in his or her chain of command to act immediately upon such report by way of referral to the appropriate criminal investigative organization.
(Sec. 1743) Directs the Secretary and the Secretary of the department in which the Coast Guard is operating to establish and maintain a policy to require the submission by a designated person of a written incident report no later than eight days after an unrestricted report of sexual assault has been made in which a member is the victim.
(Sec. 1744) Directs the Secretary to require the military department Secretaries to review decisions not to refer charges to trial by court-martial in cases where a specified sexual offense covered under the UCMJ has been alleged. Provides for the forwarding for review of cases not referred to court-martial following a staff judge advocate or convening authority decision not to so refer such charges. Requires the victim to be notified of the results of any such review.
(Sec. 1745) Requires inclusion in a member's personnel service record of a substantiated complaint of a sexual-related offense by such member. Requires commanding officer review of a member's history of substantiated sexual offenses upon the member's transfer to the new command.
(Sec. 1746) Directs the Secretary to ensure that each of the military service academies adds a section in its ethics curricula that outlines honor, respect, and character development pertaining to the issue of preventing sexual assault in the Armed Forces. Requires such training to be provided within 14 days after the initial arrival of a new cadet or midshipman and to be repeated annually.
(Sec. 1747) Requires a member to be notified of the policy of answering "no" to question 21 of the Questionnaire for National Security Positions (concerning whether an individual has had a consultation with a health care professional about an emotional or mental health condition) if a consultation occurred strictly in relation to a sexual assault.
Subtitle F: Sense of Congress Provisions - (Sec. 1751) Expresses the sense of Congress that: (1) commanding officers are responsible for establishing a command climate in which sexual assault allegations are properly managed and fairly evaluated and a victim can report criminal activity without fear of retaliation, (2) the failure of such officers to maintain such a climate is an appropriate basis for relief from their positions, and (3) senior officers should evaluate such performance in subordinate commanding officers during the regular periodic counseling and performance appraisal process.
(Sec. 1752) Expresses the sense of Congress, with regard to charges under the UCMJ of rape, sexual assault, forcible sodomy, or an attempt thereof, that: (1) such charge should be disposed of by court-martial rather than non-judicial punishment or administrative action, and (2) any charge that is disposed of by non-judicial punishment or administrative action should include a justification.
(Sec. 1753) Expresses the sense of Congress that: (1) the Armed Forces should be sparing in discharging in lieu of court-martial members who have committed any of such offenses; (2) whenever possible, the victims should be consulted prior to a discharge determination; (3) commanding officers should consider the views of the victims when determining whether to discharge such members in lieu of court-martial; and (4) any such discharge should be characterized as "other than honorable."
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2014 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII and XXIX of this Act on October 1, 2016, or the date of enactment of an Act authorizing funds for military construction for FY2017, whichever is later, with an exception.
Title XXI: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to carry out architectural engineering services and construction design activities with respect to the construction and improvement of military family housing. Authorizes appropriations to the Army for fiscal years after 2013 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Modifies or extends certain prior-year Navy military construction projects.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2013 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments).
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2013 for military construction and land acquisition for chemical demilitarization. Limits the total cost of such projects.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization Security Investment Program and authorizes appropriations for fiscal years after 2013 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2013 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Other Matters - (Sec. 2611) Modifies the authority of the Secretary of the Navy with respect to a joint reserve construction project at Camp Dodge, Iowa, under the Military Construction Authorization Act (MCAA) for Fiscal Year 2013.
(Sec. 2612) Extends certain National Guard and reserve construction projects under the MCAA for Fiscal Year 2011.
Title XXVII: Base Realignment and Closure Activities - Subtitle A: Authorization of Appropriations - (Sec. 2701) Authorizes appropriations for fiscal years after 2013 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account.
Subtitle B: Other Matters - (Sec. 2711) States that nothing in this Act shall be construed to authorize an additional base realignment and closure (BRAC) round.
(Sec. 2712) Amends the Wounded Warrior Act to eliminate a quarterly certification requirement with respect to the capacity of the military health care system in the National Capital Region.
(Sec. 2713) Requires the Under Secretary to report on the 2005 base closure and realignment joint basing initiative.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Increases the authorized threshold (before certain report requirements) for unspecified minor military construction projects. Increases the cost threshold and extends through FY2018 the authority for DOD laboratory revitalization projects.
(Sec. 2802) Repeals a provision that allows the Secretary concerned to enter into limited partnerships with private developers for the construction of housing within commuting distance of a military installation.
(Sec. 2803) Requires the Secretary concerned, in developing construction standards, to take into consideration other security or force-protection measures available for the facility or installation concerned. Requires a report from the Secretary on: (1) current expeditionary physical barrier systems; and (2) new systems or technologies that are being used, or can be adopted for use, for force protection, including blast protection for forces supporting contingency operations.
(Sec. 2804) Provides for the treatment of payments received for providing utilities and services in connection with the use of alternative authority for the acquisition and improvement of military housing.
(Sec. 2805) Removes required congressional notification in connection with the use of funds from certain DOD military housing funds for cash investments in entities carrying out projects for the acquisition or construction of military housing units.
(Sec. 2806) Directs the Secretary, in required annual military housing privatization projects, to include any unique variances associated with litigation costs.
(Sec. 2807) Codifies under federal law certain policies and requirements regarding the closure and realignment of U.S. military installations abroad. Repeals superseded provisions of the NDAA for Fiscal Year 1991.
(Sec. 2808) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through 2014 the temporary, limited authority to use O&M funds for certain contingency construction projects in the U.S. Africa Command area of responsibility. Revises the countries in which such authority may be used. Extends related report requirements.
(Sec. 2809) Prohibits the Secretary or a department Secretary from awarding a contract in connection with a construction project authorized to be carried out at an installation within the European Command area of responsibility until the Secretary certifies that: (1) the installation and construction requirement have been assessed as part of a required basing assessment and determined to be of an enduring nature, and (2) the construction requirement most effectively meets combatant commander requirements at the authorized location. Provides exceptions.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Requires additional information within DOD master plans for major military installations.
(Sec. 2812) Authorizes the Secretary to use proceeds from the lease of non-excess real or personal property to cover administrative expenses associated with such leases and easements.
(Sec. 2813) Requires the Secretary concerned, prior to conveying all or part of a DOD utility system to another utility company, to obtain an independent estimate of the level of investment required to maintain adequate operation of that system over the term of the conveyance.
(Sec. 2814) Requires a report from the Secretary to Congress on the utilization of real property across DOD.
(Sec. 2815) Prohibits the Secretary and the Secretary of the Army from acquiring any land to expand the Pin.AE6on canyon maneuver site near Fort Carson, Colorado, unless: (1) the land acquisition is specifically authorized by Congress, (2) funds are specifically appropriated for the acquisition, and (3) the appropriate Secretary completes an environmental impact statement with respect to such acquisition.
Subtitle C: Provisions Related to Asia-Pacific Military Realignment - (Sec. 2821) Amends the MCAA for Fiscal Year 2010 to change from the previous calendar year to the previous fiscal year the period covered in an annual report by military inspectors general concerning Guam realignment.
(Sec. 2822) Prohibits funds under this Act or certain assistance amounts provided by Japan from being used to implement the realignment of Marine Corps forces from Okinawa to Guam or Hawaii until specified actions occur, including submission to the committees of certain realignment-related plans and assessments. Prohibits the Secretary from carrying out any grant, cooperative agreement, transfer of funds, or supplement of funds available in FY2014 under federal programs administered by agencies other than DOD that the Secretary determines will result in the development of public infrastructure on Guam unless such grant, transfer, agreement, or funding is specifically authorized by law. Provides exceptions. Directs the Secretary to convene the Economic Adjustment Committee to consider assistance necessary to support the preferred alternative for the relocation of Marine Corps forces to Guam. Requires the results of such consideration, along with an implementation plan, to be submitted to the committees. Repeals superseded provisions under the MCAA for Fiscal Year 2013.
Subtitle D: Land Conveyances - (Sec. 2831) Authorizes the Secretary of the Navy to: (1) acquire certain real property at Naval Base Ventura County, California, for the leasing of military family housing; (2) convey to such County the former Oxnard Air Force Base, to be used for public purposes; (3) convey to the Hale Keiki School certain real property on Bougainville Drive in Honolulu, Hawaii, for use by any other federal agency or for disposal; and (4) convey to the Philadelphia Regional Port Authority a portion of real property at the Philadelphia Naval Shipyard.
(Sec. 2835) Authorizes the Secretary of the Interior to convey to the state of Utah all U.S. rights and interests to certain lands within Camp Williams, Utah, to be used for Utah National Guard military purposes.
(Sec. 2836) Authorizes the Secretary of the Air Force to convey to the state of Utah the Air National Guard radar site on Francis Peak, Utah, to be used to support emergency public safety communications for northern Utah.
(Sec. 2837) Authorizes the Secretary of the Army to convey to specified cities in Connecticut, New Hampshire, and Pennsylvania certain former Army Reserve centers located in such states.
Subtitle E: Other Matters - (Sec. 2841) Amends the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 to repeal a required annual report from the Economic Adjustment Committee.
(Sec. 2842) Authorizes the Secretary of the Navy to permit a third party to establish and maintain a memorial to honor members who have served as divers and whose service in defense of the United States has been carried out beneath the waters of the world. Prohibits the use of federal funds for designing, procuring, preparing, installing, or maintaining the memorial.
Title XXIX: Withdrawal, Reservation, and Transfer of Public Lands to Support Military Readiness and Security - Military Land Withdrawals Act of 2013 - Subtitle A: General Provisions - (Sec. 2911) Makes this subtitle applicable to each land withdrawal and reservation made under this title.
(Sec. 2912) Directs the Secretary of the Interior to: (1) publish in the Federal Register a notice containing the legal descriptions of the land withdrawn and reserved, and (2) file maps and legal descriptions of such lands with the defense and natural resources committees.
(Sec. 2913) Directs the Secretary concerned, upon a determination that military operations, public safety, or national security require the closure of any road, trail, or portion of any land withdrawn and reserved, to implement and maintain such closure.
(Sec. 2914) Authorizes the Secretary concerned to allow the use of withdrawn and reserved land for defense-related purposes, upon notification to the Secretary of the Interior.
(Sec. 2915) Provides for brush and range fire prevention and suppression and ongoing decontamination, as well as the continuation of water rights and hunting, fishing, and trapping, on the withdrawn and reserved lands.
(Sec. 2919) Prohibits any withdrawal and reservation under this title from being extended or renewed except by law enacted after the enactment of this Act.
(Sec. 2920) Outlines procedures to be followed by the Secretary concerned when applying for a withdrawal and reservation renewal.
(Sec. 2921) Prohibits any previously withdrawn and reserved land, after the termination of such withdrawal and reservation, from being open to any form of appropriation under the public land laws and the mining, mineral, and geothermal leasing laws, unless the Secretary of the Interior publishes an appropriate order in the Federal Register.
(Sec. 2922) Outlines procedures to be followed upon a determination by the Secretary concerned to relinquish any or all withdrawn and reserved land under this title. Requires appropriate decontamination of such land prior to such relinquishment.
(Sec. 2923) Provides immunity to the United States and its officers and employees for injuries or damages to persons or property incurred as a result of any mining or mineral or geothermal leasing activity or other authorized nondefense-related activity conducted on any such withdrawn and reserved land.
Subtitle B: Limestone Hills Training Area, Montana - (Sec. 2931) Withdraws from all forms of appropriation under public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, specified public lands and interests in Broadwater County, Montana, identified on the map titled "Limestone Hills Training Area Land Withdrawal." Reserves the withdrawn lands for use for: (1) training for regular and reserve components of the Armed Forces; (2) construction and operation of support and maintenance facilities for such components; (3) training by the Montana Department of Military Affairs; (4) training by state and local law enforcement agencies, civil defense organizations, and public education institutions; and (5) other defense-related purposes. Sets forth special rules regarding: (1) mining the Indian Creek Mine and the removal of unexploded ordnance; and (2) grazing permits and leases. Terminates such withdrawal and reservation on March 31, 2039.
Subtitle C: Marine Corps Air Ground Combat Center Twentynine Palms, California - (Sec. 2941) Withdraws from all forms of appropriations under public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, specified public lands in San Bernardino County, California, which shall be divided into an Exclusive Military Use Area and a Shared Use Area. Requires the Exclusive Military Use Area to be reserved for: (1) arms, live-fire, and maneuver field training for large-scale Marine air ground task forces; (2) individual and unit live-fire ranges; (3) equipment and tactics development; and (4) other defense-related purposes. Requires the Shared Use Area to be used for public recreation and natural resources conservation. Outlines management requirements with respect to each Area by the Secretary of the Navy and the Interior, respectively. Prohibits public access to the Exclusive Military Use Area. Requires such Secretaries to establish a Resource Management Group to develop and implement a public outreach plan to inform the public of land use changes and safety restrictions affecting the withdrawn areas. Designates the Johnson Valley Off-Highway Vehicle Recreation Area for vehicular use and recreation. Terminates the withdrawal and reservation on March 31, 2039.
Subtitle D: White Sands Missile Range, New Mexico, and Fort Bliss, Texas - (Sec. 2951) Withdraws certain federal land depicted on a map entitled "White Sands Missile Range/Fort Bliss/BLM Land Transfer and Withdrawal" from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws. Reserves such land to the Secretary of the Army for military purposes. Directs the Secretary of the Interior to manage grazing permits and leases on such land.
Subtitle E: Chocolate Mountain Aerial Gunnery Range, California - (Sec. 2961) Directs the Secretary of the Interior to transfer to the Secretary of the Navy certain public lands in Imperial and Riverside Counties, California, for inclusion within the Chocolate Mountain Aerial Gunnery Range. Requires the Secretary of the Navy, upon determining that there is no longer a military need for the transferred lands, to transfer such lands back to the Secretary of the Interior. Requires appropriate land decontamination preceding the re-transfer. Extends a land withdrawal and reservation period consistent with the original transfer.
Subtitle F: Naval Air Weapons Station China Lake, California - (Sec. 2971) Withdraws certain public land in Inyo, Kern, and San Bernardino Counties, California, from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. Reserves such land for specified military and nondefense-related purposes. Provides for management by the Secretary of the Interior, but allows such Secretary to assign such responsibility to the Secretary of the Navy. Provides, within the withdrawn land, for: (1) the treatment of existing leases, (2) the management of wild horses and burros, and (3) the continuation of a current agreement between such Secretaries relating to California lands withdrawal and overflights requirements. Directs such Secretaries to update and maintain current cooperative arrangements concerning land resources and land uses on the withdrawn land. Terminates prior withdrawals under the California Military Lands Withdrawal and Overflights Act of 1994. Terminates the withdrawal and reservation on March 31, 2039.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for DOE for FY2014 for: (1) activities of NNSA in carrying out programs necessary for national security; and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup and other defense activities.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the National Nuclear Security Administration Act (NNSA Act) to require the NNSA Administrator, in carrying out the NNSA mission, to ensure that NNSA operations and activities are consistent with: (1) protecting the environment; (2) safeguarding the safety and health of the public and the NNSA workforce; and (3) ensuring the security of nuclear weapons, nuclear material, and classified information in the custody of NNSA.
(Sec. 3112) Establishes within the NNSA a Director for Cost Estimating and Program Evaluation to communicate with the NNSA Administrator, the Secretary of Energy, and the Deputy Secretary of Energy with respect to NNSA program reviews, cost estimation, and evaluation. Requires the Director to report to: (1) the Administrator with respect to each review, evaluation, and cost estimation conducted; (2) Congress on any major programmatic deviations from the future-years nuclear security program discovered while conducting any review; and (3) Congress on activities conducted under this section and on all major atomic energy defense acquisition programs and their status in meeting cost and critical schedule milestones. Requires the Administrator and the Director to submit a plan for the implementation of this section.
(Sec. 3113) Authorizes the Secretary of Energy, in carrying out a procurement action in which there is determined to be a significant supply chain risk with respect to the national security system or nuclear weapon system underlying such procurement, to: (1) limit the disclosure of information relating to the basis for carrying out the procurement action, and (2) use the more-confidential procurement action when determining that such use is necessary to protect national security by reducing the supply chain risk. Requires the defense, appropriations, and energy committees to be notified of the exercise of such authority. Prohibits the Energy Secretary's action from being subject to review in any federal court. Requires the CG, annually over a five-year period, to review the exercise of any such authority and its effectiveness and report review results to such committees.
(Sec. 3114) Prohibits the obligation or expenditure of specified FY2014 NNSA funds until the Administrator submits: (1) a plan to realize the planned efficiencies (cost savings), and (2) written certification that such efficiencies will be achieved during FY2014. Requires additional explanation with respect to unrealized efficiencies. Provides an exception.
(Sec. 3115) Prohibits the obligation or expenditure of more than 75% of the funds authorized for the Office of the Administrator until the submission to Congress by the President and Energy Secretary of specified reports required under prior law concerning nuclear weapons stockpile stewardship and oversight.
(Sec. 3116) Directs the Administrator to establish within the nuclear security enterprise a Center for Security Technology, Analysis, Response, and to provide expertise with respect to security technologies, systems, analysis, testing, and response forces.
(Sec. 3117) Amends the NDAA for Fiscal Year 2013 to allow the Administrator to implement, in lieu of the replacement project for the chemistry and metallurgy research building at Los Alamos National Laboratory, New Mexico, a modular building strategy, as long as such strategy meets requirements for maintaining the nuclear weapons stockpile over a 30-year period.
(Sec. 3118) Directs the Secretaries of Defense and Energy, in carrying out certain phases of the joint W78/88-1 warhead life extension program, to conduct a comparative analysis of the feasibility of, and preliminary design definitions and cost estimates for, each of four listed life extension options. Prohibits phase 6.3 funding for such program until the Chairman of the Nuclear Weapons Council reports on the results of the comparative analysis.
(Sec. 3119) Amends the Department of Energy Organization Act to extend through FY2020 the authority to enter into transactions other than a contract, grant, or cooperative agreement in order to carry out certain DOE research projects.
(Sec. 3120) Increases from $600,000 to $1 million the NNSA major capital construction design threshold.
Subtitle C: Plans and Reports - (Sec. 3121) Amends the Atomic Energy Defense Act to require the NNSA Administrator to submit annually to the Energy Secretary: (1) a report detailing the security status of facilities holding specified quantities of special nuclear material, and (2) written certification that such facilities are secure and that such security measures meet the standards and requirements of the NNSA and DOE. Requires the Administrator, if the Administrator is unable to make such a certification with respect to a facility, to submit a corrective action plan. Directs the Energy Secretary to report to Congress on any such reports, certifications, and plans.
(Sec. 3122) Requires additional information within annual assessments regarding the condition of the nuclear weapons stockpile, including results from any investigations of national security laboratories. Requires any assessment submitted by the Commander of the U.S. Strategic Command to include a summary of major assembly releases. Requires that if the President does not forward such assessments to Congress by March 15 annually (as required), the officials involved shall brief the committees on such assessments by such date.
(Sec. 3123) Requires the Administrator to include in a plan required under the Atomic Energy Defense Act a strategy for the integrated management of plutonium for stockpile and stockpile stewardship needs over a 20-year period.
(Sec. 3124) Amends the NDAA for Fiscal Year 2013 to provide that, if a management and operating contract awarded by NNSA is protested, a report required under such Act shall be submitted within 30 days after such protest is resolved or 30 days after a contract is awarded. Requires the report to include assumptions used and analysis conducted to determine expected cost savings under such contracts. Excludes from such requirement management and operations contracts for naval reactor facilities. Prohibits the CG from conducting, and reporting on, a review relating to such a contract while a protest is pending. Makes facility management and operating contract report requirements inapplicable to such a contract for a naval reactor facility.
(Sec. 3125) Revises the deadline for reports concerning the DOE program on scientific engagement for global nuclear nonproliferation. Authorizes the Administrator to waive such report requirement with respect to modifications that are determined to be urgent and necessary to the national security interest.
(Sec. 3126) Provides CG discretion with respect to future reports on phases of execution for the uranium capabilities replacement project at the Y-12 National Security Complex, Oak Ridge, Tennessee.
(Sec. 3127) Amends the Atomic Energy Defense Act to direct the Energy Secretary to submit a plan for initial activities for the Waste Water Treatment Plant (in Richland, Washington) and related infrastructure facilities. Outlines required plan information, including a list and schedule of significant requirements and activities needed for the initial activities.
(Sec. 3128) Directs the Administrator to develop and report on a plan for improving and integrating the financial management of the nuclear security enterprise.
(Sec. 3129) Directs the Administrator to develop and carry out a plan to develop and incorporate exascale computing (computing near or above 10 to the 18th power floating point operations per second) into the DOE stockpile stewardship program during the 10-year period beginning on the date of enactment of this Act. Requires annual reports during such period on the plan and any updates.
(Sec. 3130) Directs the Administrator to study and report on the feasibility of, and a plan for, extending the principles of a pilot program on improving and streamlining oversight of the Kansas, City, Missouri plant (as initiated in April 2006) to additional facilities of the nuclear security enterprise.
(Sec. 3131) Directs the Administrator to study and report on the potential reuse of nuclear weapon secondaries, including an assessment of the potential for reusing secondaries in future life extension programs.
(Sec. 3132) Repeals required annual reports concerning: (1) counterintelligence and security practices at national laboratories, and (2) advanced supercomputer sales to certain foreign countries.
Subtitle D: Other Matters - (Sec. 3142) Amends the NDAA for Fiscal Year 2013 to revise report deadlines of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise. Extends the Panel's termination date to no later than September 30, 2014, and requires a final report prior to such termination.
(Sec. 3143) Authorizes the GSA Administrator to transfer to the NNSA custody of and accountability for the Bannister Federal Complex in Kansas City, Missouri, under specified terms and conditions. Allows the continued occupancy of such Complex by the National Oceanic and Atmospheric Administration (NOAA) through 2015.
(Sec. 3144) Makes technical amendments and/or corrections to the Atomic Energy Act of 1954, the National Nuclear Security Administration Act, and the Atomic Energy Defense Act.
(Sec. 3147) Expresses the sense of Congress that: (1) the B61-12 life extension program must be a high priority for the NNSA; (2) such program must be given top priority in the NNSA budget, with funding shifts as required; and (3) further delays in such program would undermine the credibility and reliability of the U.S. nuclear deterrent and the assurances provided to U.S. allies.
(Sec. 3148) Expresses the sense of Congress that the President should establish an Advisory Board on Toxic Substances and Worker Health, as described in a prior CG report, to advise the President concerning the review and approval of the Department of Labor site exposure matrix (used to determine the eligibility of contractor employee claims for compensation for illness resulting from exposure to toxic substances).
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2014 for the Defense Nuclear Facilities Safety Board.
Title XXXIV [sic]: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2014 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation for FY2014 for the Maritime Administration (MA) for specified activities, including: (1) operations and support of the U.S. Merchant Marine Academy and the state maritime academies, (2) the disposal of obsolete vessels in the National Defense Reserve Fleet, (3) maintaining a U.S.-flag merchant fleet, and (4) maritime loan guarantees.
(Sec. 3502) Extends through 2020 the authority of the Secretary of Transportation to provide insurance and reinsurance under the vessel war risk insurance program.
(Sec. 3503) Expresses the sense of Congress that: (1) maintaining a U.S. shipbuilding base is critical to meeting U.S. national security requirements; (2) it is vitally important that the MA's Ready Reserve Force remains capable, modern, and efficient; (3) federal agencies must consider investment options for replacing aging vessels within such Force; and (4) DOT should pursue the most cost-effective means of recapitalizing such Force, including by promoting the building of new vessels that are militarily useful and commercially viable.
(Sec. 3504) Authorizes (current law requires) funds provided for an intermodal transportation maritime facility at Port of Anchorage, Alaska, to be transferred to and administered by the MA Administrator.
(Sec. 3505) Authorizes the Maritime Administrator, under the port infrastructure development program, to give funding priority to strategic seaports in support of national security requirements. Authorizes the Secretary of Transportation to provide financial assistance to port authorities or commissions under such program.
Division D: Funding Tables - (Sec. 4001) Provides that whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation or expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
Title XLI: Procurement - (Sec. 4101) Sets forth authorized FY2014 funding levels with respect to procurement.
Title XLII: Research, Development, Test, and Evaluation - (Sec. 4201) Sets forth authorized funding levels with respect to RDT&E.
Title XLIII: Operation and Maintenance - (Sec. 4301) Sets forth authorized funding levels for O&M.
Title XLIV: Military Personnel - (Sec. 4401) Sets forth authorized funding levels for military personnel.
Title XLV: Other Authorizations - (Sec. 4501) Sets forth authorized funding levels for other authorizations.
Title XLVI: Military Construction - (Sec. 4601) Sets forth authorized funding levels for military construction.
Title XLVII: Department of Energy National Security Programs - (Sec. 4701) Sets forth authorized funding levels for DOE national security programs.