National Defense Authorization Act for Fiscal Year 2014 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2014 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table set forth in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Prohibits more than 75% of FY2014 funds authorized for the Stryker vehicle program from being obligated or expended until 15 days after the Secretary of the Army reports to the congressional defense and appropriations committees on the status of the Stryker vehicle spare parts inventory in Auburn, Washington.
Subtitle C: Navy Programs - (Sec. 121) Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of E-2D aircraft and related mission equipment.
(Sec. 122) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to increase specified cost limits for the lead ship and follow-on ships in the CVN-78 class of aircraft carriers. Includes as an additional justification for cost increases under such program costs attributable to the shipboard test program.
Subtitle D: Air Force Programs - (Sec. 131) Authorizes the Secretary of the Air Force, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of multiple variants of C-130J aircraft for the Navy and Air Force.
(Sec. 132) Prohibits the Secretary of the Air Force from canceling or modifying the avionics modernization program of record for C-130 aircraft.
(Sec. 133) Requires the Secretary of the Air Force to maintain each KC-135R aircraft that is retired in such a condition as to allow its recall to future service in the Air Force Reserve, Air National Guard, or active forces aerial refueling. Provides an exception. Allows such Secretary to waive such requirement with respect to one retired KC-135R aircraft for each KC-46A aircraft that is delivered to the Air Force when the Commander of the Air Mobility Command certifies it as mission capable.
(Sec. 134) Directs the Secretary of the Air Force to: (1) develop and implement a plan to ensure the fair evaluation of competing contractors in awarding a contract to a certified evolved expendable launch vehicle provider, and (2) report and brief specified congressional committees on such plan. Directs the Comptroller General (CG) to review the plan and provide a review briefing to such committees.
Subtitle E: Defense-Wide, Joint, and Multiservice Matters - (Sec. 141) Authorizes the Director of the Missile Defense Agency (MDA), beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of 14 ground-based interceptors.
(Sec. 142) Authorizes the Secretary of Defense (Secretary), beginning with the FY2014 program year, to enter into one or more multiyear, multi-vehicle contracts for the procurement of core tactical wheeled vehicles. Requires the Secretary to notify the defense and appropriations committees of whether the Secretary will enter into such a contract and, if not, of an explanation therefor. Requires the Secretary, for each fiscal year in which a contract is entered, to report to Congress on such procurements and the cost savings achieved. Terminates such contract authority at the end of FY2018.
(Sec. 143) Prohibits any FY2014 DOD funds from being used to retire, prepare to retire, or place in storage an RQ-4 Block 30 Global Hawk unmanned aircraft system. Requires the Secretary of the Air Force, during the period preceding December 31, 2016, to maintain the operational capability of each such aircraft belonging or delivered to the Air Force.
(Sec. 144) Directs the Secretary to ensure that: (1) personal protection equipment is procured using funds authorized under this title and specified in the funding table in Division D; and (2) in the budget materials submitted to the President, a separate, dedicated procurement line item is designated within each military department procurement account for such equipment.
(Sec. 145) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to repeal certain report requirements with respect to a system management plan for the F-35 joint strike fighter aircraft program.
(Sec. 146) Directs the Secretary to contract with a federally funded research and development center for a study to identify and assess alternative means for stimulating competition and innovation in the personal protection equipment industrial base.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2014 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Prohibits Army funds authorized for the engineering and manufacturing phase for the ground combat vehicle program from being obligated or expended until 30 days after the Secretary of the Army submits an independent assessment of the documentation for such vehicle, as well as a certification as to program attributes.
(Sec. 212) Prohibits the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) from awarding a technology development contract with respect to the unmanned carrier-launched surveillance and strike system program until 30 days after the Under Secretary certifies that the software and system engineering designs for the control system and connectivity and aircraft carrier segments of such program can achieve, with low level of integration risk, successful compatibility and interoperability with the air vehicle segment selected for contract award.
(Sec. 213) Prohibits the obligation or expenditure of more than 50% of the funds authorized for Air Force logistics information technology until 30 days after the Secretary of the Air Force reports on how such systems will be modernized and updated following the cancellation of the expeditionary combat support system.
(Sec. 214) Prohibits the obligation or expenditure of more than 90% of the funds authorized for Air Force defensive cyberspace operations until 30 days after the Secretary of the Air Force reports n the Application Software Assurance Center of Excellence.
(Sec. 215) Prohibits the obligation or expenditure of more than 50% of the funds authorized for the precision extended range munition program until the Under Secretary certifies to the defense and appropriations committees concerning the necessity of such program and that a sufficient business case exists to proceed with the development and production of such program.
(Sec. 216) Prohibits the obligation or expenditure of more than 75% of the funds authorized for future biometric architectures or systems until the Secretary submits an assessment of the future program structure for biometrics oversight and execution and requirements for biometrics enabling capability.
(Sec. 217) Requires the Secretary of the Navy to demonstrate certain aerial refueling capabilities with respect to the X-47B unmanned combat air system aircraft.
(Sec. 218) Requires the Secretary of the Air Force to develop a follow-on air-launched cruise missile to the AGM-86 with specified operational and internal carriage and employment capabilities.
(Sec. 219) Directs the Under Secretary to establish an independent team to review the development of software for the F-35 aircraft program.
(Sec. 220) Requires, in DOD budget materials for FY2015 and thereafter, each capability component within the distributed common ground system program to be set forth as a separate project code and each project official to submit supporting justification for the project code. Directs the Under Secretary to analyze the commercial link analysis tools that are compliant with intelligence community data standards and that could be used to meet the requirements of such program. Requires the Under Secretary, upon determining that one or more analysis tools could meet such requirements, to conduct a competition for the acquisition of such tools.
(Sec. 221) Prohibits the Secretary of the Army from cancelling the individual carbine program unless such Secretary: (1) completes the Phase III down-select and user-evaluation phase of the individual carbine competitors, (2) conducts the required business case analysis of such program, and (3) submits the results of the evaluation and analysis.
(Sec. 222) Directs the Secretary of the Navy to ensure that each future-years defense program submitted to Congress for FY2018-FY2028 includes a funding line and fielding plan for a Navy laser weapon system with respect to such fiscal years. Allows such Secretary to waive such requirement upon written justification to the defense and appropriations committees.
(Sec. 223) Expresses the sense of Congress that the Secretaries of Defense and the Navy should ensure that the common missile compartment associated with the Ohio-class ballistic missile submarine replacement program stays on schedule and is aligned with the Vanguard-successor program of the United Kingdom in order for the United States to fulfill its commitment in sea-based strategic deterrence.
(Sec. 224) Expresses the sense of Congress that: (1) the Secretary of the Air Force should pursue both near- and long-term high power microwave weapon systems, and (2) such development should not prohibit or divert resources from an analysis of alternatives to a cruise missile-delivered high power microwave weapon.
(Sec. 225) Prohibits the obligation or expenditure of more than 50% of the funding for the space-based infrared systems space modernization initiative wide-field-of-view testbed until the Executive Agent for Space of DOD certifies to the defense and appropriations committees that the Secretary is carrying out the Operationally Responsive Space Program Office in accordance with federal requirements.
Subtitle C: Missile Defense Programs - (Sec. 231) Prohibits FY2014 DOD funds from being obligated or expended for the medium extended air defense system (MEADS). Prohibits the Secretary from carrying out actions relating to MEADS harvesting technology until 120 days after notifying the defense and appropriations committees of such intent. Requires a report from the Secretary of the Army to such committees on the opportunities to harvest such technology in order to modernize the various air and missile defense systems and integrated architecture of the Army.
(Sec. 232) Directs the MDA to construct and make operational in FY2018 an additional homeland missile defense site, designed to complement existing sites in Alaska and California, to deal more effectively with long-range ballistic missile threats from the Middle East. Requires the MDA Director to report to Congress on such site and its required funding.
(Sec. 233) Prohibits any DOD funds for FY2014 or thereafter from being obligated or expended to remove U.S. missile defense equipment from East Asia until 180 days after the President has certified to the defense and appropriations committees with respect to the dismantlement of nuclear weapons and ballistic missile programs by East Asia countries that pose a threat to U.S. allies in the area. Authorizes the President to waive such prohibition in the national security interest, after congressional notification and justification. Provides a prohibition exception with respect to Navy destroyers and cruisers equipped with the Aegis ballistic missile defense (BMD) system.
(Sec. 234) Requires the MDA Director to ensure that each cost estimate included in a BMD acquisition baseline includes all operational support costs for which the Director is responsible. Requires the Director to: (1) include in each baseline whether the underlying cost estimates meet the CG's criteria for a high-quality estimate, and (2) report on MDA plans and schedules to meet such estimate requirements.
(Sec. 235) Requires the MDA Director to: (1) perform an analysis of alternatives for a successor to the precision tracking space system, (2) compare the advantages and disadvantages of developing with other federal departments and agencies space systems that are multi-mission, and (3) submit to the defense and appropriations committees the terms of reference for the analysis of alternatives.
(Sec. 236) Directs the MDA Director and the Commander of the United States Northern Command to jointly: (1) develop options and a plan to achieve an organic kill assessment capability for the ground-based midcourse defense system by the end of 2019, and (2) develop an interim capability for improved hit assessment for such system that can be integrated into near-term enhanced kill vehicle upgrades and refurbishment.
(Sec. 237) Earmarks specified FY2014 RDT&E funds for enhancing the capability for producing the Iron Dome short-range rocket defense program in the United States.
(Sec. 238) Directs the President to consult with the North Atlantic Council and the Secretary General of the North Atlantic Treaty Organization (NATO) on the funding of the phased, adaptive approach to missile defense in Europe and on establishing a plan for NATO to provide at least 50% of the infrastructure and operation and maintenance costs of phase I of such approach. Requires the President to report semiannually to the defense, appropriations, and foreign relations committees on the funding provided by NATO for such purpose.
(Sec. 239) Expresses the sense of Congress that the Secretary should not procure a Capability Enhancement II exoatmospheric kill vehicle for deployment until after a successful operational flight test has occurred, unless such procurement is for test assets or to maintain a warm line for the industrial base.
(Sec. 240) Expresses the sense of Congress: (1) recognizing the inspiring leadership of Ronald Reagan on the 30th anniversary of the Strategic Defense Initiative; (2) that it is imperative that the United States continue fielding a robust missile defense system, including additional ground-based interceptors; and (3) in support of continued investments in future missile defense capabilities and emerging technologies such as directed energy and railguns.
(Sec. 241) Directs the Secretary to preserve each current intercontinental ballistic missile (ICBM) silo that contains a deployed missile in a warm status that enables such silo to: (1) remain a fully functioning element of the interconnected and redundant command and control system of the missile field, and (2) be made fully operational with a deployed missile.
(Sec. 242) Expresses the sense of Congress that: (1) the President should promptly convey to Congress the details of any proposed deals with the Russian Federation concerning the missile defenses or nuclear arms of the United States, and (2) such missile defenses are central to the defense of the homeland from ballistic missile threats, and should not be traded away for the prospects of nuclear arms reductions with Russia, China, or any other foreign country.
Subtitle D: Reports - (Sec. 251) Directs the CG, through March 1, 2018, to annually review and report the amphibious combat vehicle acquisition program.
(Sec. 252) Directs the Secretary to report to on the comprehensive research and development strategy to achieve significant reductions in the weight of body armor.
(Sec. 253) Requires the Secretary of the Army to report on the investment strategy to accelerate fuel efficiency improvements to the current engine and transmission of the M1 Abrams series main battle tank.
(Sec. 254) Directs the Secretary to report on the powered rail system compared to currently fielded solutions.
(Sec. 255) Requires a report from the Secretary to the defense and appropriations committees assessing the success of the science, mathematics, and research for transformation scholarship program or related scholarship or fellowship programs within DOD.
Subtitle E: Other Matters - (Sec. 261) Establishes in DOD a Cryptographic Modernization Review and Advisory Board to review and assess the cryptographic modernization activities of DOD and advise the Secretary with respect to such activities.
(Sec. 262) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 1995 to allow a state to participate in the defense experimental program to stimulate competitive research if it is eligible for a similar program under the National Science Foundation Authorization Act of 1988.
(Sec. 263) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to allow funds for specific defense laboratory infrastructure revitalization projects to remain available until expended (without fiscal year limits). Allows funds to be available for such projects only if the defense and appropriations committees receive notification of the total project cost before project commencement. Allows funds to be accumulated for such projects only after the date of enactment of this Act and for up to five years. Limits per-project costs to $4 million. Extends project authority through FY2020.
(Sec. 264) Extends through FY2018 DOD authority to award prizes for advanced technology achievements.
(Sec. 265) Amends the Skelton Act to extend until October 1, 2020, the pilot program to include technology protection features during the research and development of designated defense systems.
(Sec. 266) Directs the Secretary to brief the defense committees on power and energy research conducted at university-affiliated research centers.
(Sec. 267) Prohibits the Secretary or the head of any other federal department or agency from finalizing any decision regarding new land use activity on federal test ranges currently used for activities determined to be critical to national security unless the Secretary of the military department concerned (Secretary concerned) approves such activity in writing.
(Sec. 268) Requires a report from the Under Secretary to the defense committees on the necessary infrastructure and related processes for the use of canines as stand-off detection of explosives and explosive precursors.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2014 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
(Sec. 302) Increases the amounts authorized for FY2014 for Marine Security Guard and Crisis Response Force O&M, with corresponding offsets to Army O&M.
Subtitle B: Energy and Environment - (Sec. 311) Provides an alternative deadline for required annual DOD reports on proposed budgets for activities relating to operational energy strategy.
(Sec. 312) Permits recipients of funds under interagency conservation cooperation agreements or under the Sikes Act (conservation programs on federal lands) to use such funds for matching funds or cost-sharing requirements of conservation programs of the Departments of Agriculture or the Interior. Terminates the cooperative agreement authority on October 1, 2019, while allowing agreements entered into before such date to continue through their full term.
(Sec. 313) Reauthorizes the Sikes Act through FY2019.
(Sec. 314) Amends the Sikes Act to authorize lump-sum payments under cooperative agreements for land management related to DOD military readiness activities. Allows such agreements to be used to acquire property and services for the direct benefit or use of the government. Provides limitations on funds used for conservation or rehabilitation of natural resources in an area that is not on a military installation. Requires the DOD Inspector General to annually audit each such project. Terminates this section on October 1, 2019, while allowing agreements entered into before such date to continue through their full term.
(Sec. 315) Amends the Toxic Substances Control Act to exclude from its definition of "chemical substance" any component of an article including shot, bullets and other projectiles, propellants when manufactured for or used in such an article, and primers.
(Sec. 316) Makes inapplicable to DOD certain alternative or synthetic fuel procurement requirements of the Energy Independence and Security Act of 2007.
(Sec. 317) Includes within the definition of "covered waste" for purposes of the DOD prohibition against disposal of certain waste in open-air burn pits:
(Sec. 318) Prohibits the Secretary from contracting for the planning, design, refurbishing, or construction of a biofuels refinery unless such activity is specifically authorized by law.
(Sec. 319) Prohibits DOD funds from being used to purchase or produce biofuels until the earlier of the date on which: (1) the cost of the biofuels is equal to the cost of conventional fuels purchased by DOD, or (2) the Budget Control Act of 2011 and its sequestration are no longer in effect. Provides exceptions.
(Sec. 320) Directs the Secretary to establish Southern Sea Otter Military Readiness Areas for national defense purposes (thereby conserving the southern sea otter [otter] in such Areas while allowing reasonable military readiness activities). Allows certain incidental otter takings in such Areas in the course of a military readiness activity, while authorizing the Secretary of the Interior to revise or terminate such takings upon determining that the military activities are substantially impeding otter conservation or the return of such otters to optimum sustainable levels. Directs the Secretary of the Navy to: (1) monitor the Areas to evaluate otter status, and (2) report on such monitoring every three years to Congress and the public.
Subtitle C: Logistics and Sustainment - (Sec. 321) Directs the Secretary of the Navy to submit to the CG and the defense and appropriations committees a strategic sustainment plan for the littoral combat ship.
(Sec. 322) Directs the Secretary to: (1) review current and expected manufacturing requirements across DOD to identify critical manufacturing competencies, supplies, components, end items, parts, assemblies, and sub-assemblies for which no or a limited domestic commercial source exists; and (2) brief the defense and appropriations committees on review results.
(Sec. 323) Requires a program executive officer or program manager of a military service or defense, when undertaking a make-or-buy analysis, to solicit information from all U.S.-owned arsenals regarding the capability of that arsenal to fulfill the manufacturing requirement. Requires such officer or manager to allow an arsenal to submit a material solution in response to the requirement.
(Sec. 324) Prohibits any DOD function performed by DOD civilian employees and tied to a certain military base from being converted to performance by a contractor until the Secretary conducts an assessment to determine if DOD has carried out sufficient outreach programs to assist small businesses owned and controlled by women or socially and economically disadvantaged individuals that are located in the geographic area near the military base.
Subtitle D: Reports - (Sec. 331) Requires each DOD report concerning personnel and unit readiness to include an assessment: (1) by each commander of a combatant command of that command's ability to successfully execute its assigned missions, (2) by the Chairman of the Joint Chiefs of Staff (JCS) of the level of risk incurred by using contract support in contingency operations as required under Department of Defense Instruction 1100.22, "Policies and Procedures for Determining Workforce Mix,"and (3) by the Secretary of the military readiness of the combat support agencies.
(Sec. 332) Amends the Warner Act to repeal an annual CG report on Army progress in moving to a modular force design.
(Sec. 333) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to increase the information technology capital assets threshold for required report purposes.
(Sec. 334) Directs the Secretary to: (1) review existing DOD records to determine and describe the historical use of military munitions and training on the islands of Vieques and Culebra, Puerto Rico, and their nearby cays and waters; and (2) submit to the defense committees and the public a report detailing review findings and determinations.
Subtitle E: Limitations and Extensions of Authority - (Sec. 341) Prohibits the Secretary of the Air Force from reducing the force structure at Lajes Air Force Base, Azores, below that of the October 1, 2013, level until 30 days after the Secretary of Defense concludes the European Infrastructure Consolidation Assessment initiated on January 25, 2013, and briefs the defense and appropriations committees on such Assessment.
(Sec. 342) Prohibits the use of FY2014-FY2015 DOD funds for the performance of flight demonstration teams at any location outside the United States.
Subtitle F: Other Matters - (Sec. 351) States as the policy of the United States that, by no later than October 1, 2018, the Secretary shall require all military services to use a joint combat camouflage uniform, including color and pattern variants designed for specific combat environments. Prohibits the adoption of individual military service camouflage uniforms except under specific limited circumstances. Provides prohibition exceptions and authorizes the Secretary to waive the prohibition after certifying to Congress that exceptional circumstances require the development or fielding of a new combat camouflage uniform.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2014.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2014 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2014 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2014 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2014.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2014 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Reduces by 14 total the number of general and flag officers among the military departments authorized to perform joint duty assignments. Makes such reductions effective as of October 1, 2014.
Subtitle B: Reserve Component Management - (Sec. 511) Requires the Secretary concerned to provide to members of the reserves at least 120 days' advance notice of either an active-duty deployment in connection with a contingency operation or a cancellation, postponement, or other change in such a deployment. Requires the appropriate Secretary to notify the defense committees of any failure to provide such notification and the reasons therefor.
(Sec. 512) Makes procedures for the board consideration for early removal of officers from the reserve active-status list the same as procedures for the consideration of early removal of officers from active duty (thus allowing officers with approved voluntary or involuntary retirements to be excluded from consideration for early removal from the reserve active-status list).
(Sec. 513) Authorizes the Secretaries of the Army and Air Force, between October 1, 2013, and December 31, 2018, to maintain an active status and an inactive status list of members in the inactive National Guard of each such department. Limits to 4,000 the number of members that can be maintained on the active status list at any time, and to 10,000 the total number of members on both lists. Requires the Secretary of Defense, before the exercise of such authority, to submit to the defense committees the implementation guidance for such authority. Provides additional authority to transfer enlisted personnel to such lists. Directs the Secretary to commission an independent study of the effectiveness of using an active status list for the inactive National Guard to improve the readiness of the Army and Air National Guards.
(Sec. 514) Requires the Secretary to review the general and flag officer requirements for members of the reserves in an active status.
(Sec. 515) Directs the Secretary to study the feasibility of establishing a unit of the National Guard in each of American Samoa and the Commonwealth of the Mariana Islands.
(Sec. 516) Makes a state student cadet corps eligible for DOD assistance to certain youth and charitable organizations.
Subtitle C: General Service Authorities - (Sec. 521) Requires the Secretary to review improvements to the Integrated Disability Evaluation System, as well as its backlog of cases with respect to reserve members.
(Sec. 522) Requires the Secretary to: (1) direct the Secretaries of the military departments to verify and track the compliance of their commanding officers in conducting organizational climate assessments as required under the NDAA for Fiscal Year 2013, and (2) report on the progress of developing a system that will verify and track such compliance.
(Sec. 523) Directs the Secretary to ensure continuous, designated military command responsibility and accountability for the care, handling, and transportation of the remains of each deceased member of the Armed Forces who died outside the United States, beginning with the initial recovery of the remains, through the defense mortuary system, and until their interment or acceptance by the person designated to accept such remains.
(Sec. 524) Requires DOD's Transition Assistance Program (employment and job training assistance and related services for members being separated from active duty and their spouses) to include: (1) information about disability-related employment and education protections, (2) instruction in the use of educational assistance entitlements, (3) instruction on the financing of post-secondary education, and (4) information on benefits provided under laws administered by the Secretary of Veterans Affairs (VA) and in other subjects determined by the Secretary concerned.
Requires the VA Secretary to submit to the veterans committees the results of a study of the feasibility of providing veterans' benefits instruction at all overseas locations where such instruction is provided through a joint contract with the Secretary of Labor.
(Sec. 525) Allows any member of the Armed Forces (member) adversely affected by a records correction final decision to obtain judicial review of such decision, as long as all possible administrative remedies have been exhausted (including final decision by the Secretary concerned). Provides that, in a military whistleblower case, as long as the member has received a final decision by the Secretary concerned, he or she may obtain judicial review before seeking review by the Secretary of Defense (an option in such cases). Provides a six-year statute of limitations for the judicial review of final decisions. Requires the Secretary concerned (or the Secretary of Defense, with respect to a whistleblower case), after a final decision, to notify the member of his or her right to judicial review.
(Sec. 526) Amends the NDAA for Fiscal Year 1994 to add definitions of "gender-neutral occupational standard" and "military career designator" and apply such definitions to provisions concerning military gender-neutral occupational performance standards.
(Sec. 527) Revises military whistleblower protection provisions to include as a prohibited retaliatory personnel action a significant change in a member's duties, responsibilities, or working conditions. Requires the inspector general of the military department concerned to investigate allegations of a violation of any law, rule, or regulation, including those prohibiting rape, sexual assault, or other sexual misconduct under provisions of the Uniform Code of Military Justice (UCMJ). Provides that neither an initial determination of whether a prohibited personnel retaliatory action was taken against a member for such a communication nor a subsequent investigation is required in the case of an allegation made more than one year (under current law, 60 days) after the member first becomes aware of the personnel action.
Requires reports by inspectors general of the military departments concerned concerning prohibited retaliatory personnel actions to: (1) be submitted to the Secretary concerned (under current law, to the Secretary of Defense); and (2) include an explicit determination as to whether a prohibited personnel action has occurred and recommendations for disposition of the complaint, including appropriate corrective action. Requires any such corrective action to occur within 30 days after the receipt of such report. Requires the Secretary of Homeland Security (with respect to the Coast Guard) and the Secretary concerned, when determining not to take a recommended corrective action, to notify the Secretary, the defense committees, and the member of such determination and the reasons therefor. Requires (under current law, allows) the appropriate correction of military records upon the request of a member for whom a prohibited action determination has been made.
Specifies the burdens of proof with respect to military whistleblower protection investigations and determinations.
(Sec. 528) Repeals a current exception to a required medical examination regarding post-traumatic stress disorder (PTSD) or traumatic brain injury in connection with the administrative discharge of a member in the case of a member facing court-martial or other proceedings under the UCMJ.
(Sec. 529) Allows a military chaplain, if called upon to lead a prayer outside of a religious service, to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.
(Sec. 530) Amends the NDAA for Fiscal Year 2013 to include, as protected religious beliefs of members and chaplains, the protection of religious actions and speech. Allows disciplinary action only for beliefs, action, or speech that actually harm (under current law, that threaten) good order and discipline.
(Sec. 530A) Requires the Secretary to ensure members' rights and responsibilities regarding protection from and response to sexual misconduct or criminal behavior in the workplace.
(Sec. 530B) Requires the DOD Inspector General to review the cases of all members who, since January 1, 2002, were separated after making an unrestricted report of sexual assault.
(Sec. 530C) Directs the Secretary to submit to the defense committees results and data produced during DOD programs and projects to review laws, policies, and regulations that may restrict the military service of female members. Requires the report to be made public.
(Sec. 530D) Expresses the sense of Congress that the military department Secretaries should : (1) no later than September 2015, develop, review, and validate individual gender-neutral occupational standards for assigning members to units, including special operations forces; and (2) no later than January 1, 2016, complete all related assessments.
(Sec. 530E) Requires DOD to provide the defense committees with advance written notice of any meeting to be held between DOE employees and civilians for the purpose of writing, implementing, enforcing, or seeking input regarding military policy related to religious liberty. Requires a report from the Secretary to the defense committees within 72 hours after any such meeting.
(Sec. 530F) Amends the Servicemembers Civil Relief Act to allow any appropriate indicator of military service, including a certified letter from a commanding officer or information from the Defense Manpower Database Center, as proof of service for purposes of interest rate limitations provided to servicemembers under such Act.
(Sec. 530G) Directs the Secretary, in any test, assessment, or screening tool utilized for military recruitment and enlistment under provisions of the NDAA for Fiscal Year 2012, to: (1) implement a means for ensuring that graduates of a secondary school are required to meet the same standards, and (2) use uniform testing requirements and grading standards.
(Sec. 530H) Directs the CG to report to the defense committees on the use by DOD since January 1, 2007, of the authority to separate members due to unfitness for duty based on a mental condition not amounting to disability.
Subtitle D: Military Justice, Including Sexual Assault Prevention and Response - (Sec. 531) Amends the UCMJ to repeal the authority of a convening authority (the person taking action on the findings of a court-martial) to use discretion to either set aside a finding of guilty or change it to a finding of guilty to a lesser included offense (with exceptions). Requires a convening authority, when changing a charge with respect to a minor offense, to prepare a written explanation of such action, which shall be made part of the record.
Prohibits (with limited exceptions) a convening authority from reducing a sentence to less than the mandatory minimum sentence, except to reflect the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense. Requires a convening authority who disapproves, commutes, or suspends a sentence, in whole or in part, to prepare a detailed written explanation therefor, which shall be made part of the record.
(Sec. 532) Eliminates the five-year statute of limitations with respect to UCMJ actions for sexual assault and sexual assault of a child.
(Sec. 533) Requires mandatory dismissal or dishonorable discharge of a person found guilty under the UCMJ of rape, sexual assault, forcible sodomy, or an attempt thereof. Requires the Response Systems Panel (established under the NDAA for Fiscal Year 2013) to: (1) assess the implementation and effect of the mandatory minimum sentences for such offenses, and (2) assess the appropriateness of establishing additional mandatory minimum sentences for other offenses under the UCMJ.
(Sec. 534) Requires the Secretary concerned (under current law, the Secretaries of the military departments) to issue regulations regarding applications for consideration of a change of station or unit transfer submitted by a member-victim of sexual assault.
(Sec. 535) Authorizes the Secretary concerned to provide guidance for commanders with respect to his or her authority to make determinations and take action regarding whether a member serving on active duty who is alleged to have committed a sexual assault or other sex-related offense should be temporarily reassigned or removed from a position of authority or assignment in order to maintain order and discipline within the member's unit. Requires enhanced training for commanders for making such determinations.
(Sec. 536) Directs the Secretary concerned to designate legal counsel (knows as a Victims' Counsel) to provide legal assistance to a member or dependent who is the victim of a sex-related offense, whether the allegation is restricted (confidential) or unrestricted. Requires enhanced training for all military and civilian attorneys providing such assistance. Requires the Secretary, and the Secretary of Homeland Security with respect to the Coast Guard, to report to specified committees on the implementation of such requirements. Provides related assessment requirements of the Response Systems Panel and the Judicial Proceedings Panel (the latter also established under the NDAA for Fiscal Year 2013).
(Sec. 537) Requires the appropriate inspector general to investigate allegations of retaliatory personnel actions taken in response to making protected communications regarding alleged instances of rape, sexual assault, or other forms of sexual misconduct in violation of the UCMJ.
(Sec. 538) Requires the Secretary to report to the defense committees on the roles of commanders in the administration of military justice and the investigation, prosecution, and adjudication of UCMJ offenses.
(Sec. 539) Directs the Secretary to: (1) review the practices of the military criminal investigative organizations with respect to sex-related offenses involving members, including whether they make a recommendation regarding whether the allegation appears founded or unfounded; and (2) develop a uniform policy for the Armed Forces regarding the use of case determinations to record the results of such investigations.
(Sec. 540) Amends the NDAA for Fiscal Year 2012 to require the Secretary to develop a uniform, DOD-wide curriculum to provide sexual assault prevention and response training and education for members and civilian DOD employees.
(Sec. 541) Amends the Skelton Act to require the Secretary to develop necessary qualifications of and training for a member or civilian DOD employee to be selected as a sexual assault response and prevention program manager, sexual assault response coordinator, or sexual assault victim advocate.
Direct the Secretary of each military department to assign at least one Sexual Assault Nurse Examiner-Adult/Adolescent (Examiner) to each brigade or equivalent unit level under that Secretary's jurisdiction, unless assignment to other units is determined to be more practicable and effective by the Secretary of Defense. Allows the assignment of more than one Examiner as necessary based on the demographics or needs of a unit. Allows for the waiver of such assignment for a specific unit level if a department Secretary determines that compliance will impose an undue burden, but requires congressional notification and justification therefor. Requires that, on and after October 1, 2015, only members of the Armed Forces and civilian DOD employees may be assigned as Examiners. Requires appropriate Examiner training and certification.
(Sec. 542) Provide specific rights for victims of offenses under the UCMJ, including the right to: (1) be protected from the accused; (2) reasonable, accurate, and timely notice of any public proceeding involving the offense; (3) not be excluded from such proceeding (with an exception); (4) confer with trial counsel in the case; (5) full and timely restitution; (6) proceedings free from unreasonable delay; and (7) be treated with fairness and respect for the victim's dignity and privacy. Requires the military judge to ensure such rights in any court-martial proceeding. Requires all others involved in the matter to make their best efforts to afford such rights. Provides for the assumption of such rights by a legal guardian, family member, or estate representative in the case of a victim who is under 18 years old, incompetent, incapacitated, or deceased. Directs the Secretary to recommend to the President appropriate changes in the Manual for Courts-Martial and to prescribe regulations for the enforcement of such rights. Requires a related assessment by the Response Systems Panel.
(Sec. 543) Requires that: (1) if a defense counsel in an action under the UCMJ wishes to interview a complaining witness, the interview request must be placed through trial counsel; and (2) if such an interview occurs, it must take place in the presence of the counsel for the witness or a sexual assault victim advocate.
(Sec. 544) Allows a complaining witness to be given an opportunity to submit matters for consideration by the convening authority in the clemency phase of a court-martial. Requires such submission to be made within 10 days after the complaining witness is given a trial record. Allows such period to be extended by up to an additional 20 days for good cause shown.
(Sec. 545) Directs the Secretary and the Secretary of the department in which the Coast Guard is operating to establish and maintain a policy to require the submission by a designated person of a written report no later than eight days after an unrestricted report of sexual assault has been made in which a member is the victim.
(Sec. 546) Directs the Secretary to submit to the President a proposed amendment to rule 306 of the Manual for Courts-Martial (relating to the policy on initial disposition of offenses) to eliminate the character and military service of the accused from the list of factors that may be considered by the disposition authority in disposing of a sex-related offense.
(Sec. 547) Directs the Secretary to require commanders to include letters of reprimand, nonpunitive letters of action, and counseling statements involving substantiated cases of sexual harassment or sexual assault in the performance evaluation report of a member under their command.
(Sec. 548) Directs the Secretary and the and the Secretary of the department in which the Coast Guard is operating to establish and maintain a policy to uniformly define and prescribe what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between: (1) a member who is superior in rank to, exercises control over, or supervises a person during entry-level process or training; and (2) a prospective member or member undergoing such processing and training. Makes violators subject to prosecution under the UCMJ. Directs such Secretaries to require the processing for administrative separation of any member described in (1), above, in response to the first substantiated violation of such policy, if the member is not otherwise punitively discharged or dismissed for such violation. Requires the DOD Secretary to submit to the defense committees a proposed UCMJ punitive article regarding such violations.
(Sec. 549) Requires the Response Systems Panel to: (1) assess the impact that removing from the chain of command any disposition authority regarding charges preferred under the UCMJ would have on the overall reporting and prosecution of sexual assault cases, (2) review and provide comment on a required report of the Secretary on the role of military commanders in the military justice process, (3) submit assessment and review results within a currently-required report, and (4) submit its report within one year after its first meeting. Requires related assessments by such Panel and the Judicial Proceedings Panel.
(Sec. 550) Directs the Secretary to conduct a review of DOD's Office of Diversity Management and Equal Opportunity.
(Sec. 550A) Requires, at a minimum, dismissal or dishonorable discharge and confinement for two years of a member of the armed forces found guilty of rape, sexual assault, forcible sodomy, or attempts thereof in violation of the UCMJ.
(Sec. 550B) Directs the Secretary to require the prominent posting of specified resource and contact information relating to sexual assault prevention and response. Requires prompt notification to victims of the availability and forms of assistance.
(Sec. 550C) Establishes the Military Hazing Prevention Oversight Panel to make recommendations to the Secretary concerned on the development of policies, programs, and procedures to prevent and respond to hazing in the Armed Forces and on ways to improve them.
(Sec. 550D) Directs the Secretary to ensure that each of the military service academies adds a section in its ethics curricula that outlines honor, respect, and character development pertaining to the issue of preventing sexual assault in the Armed Forces. Requires such training to be provided within 60 days after the initial arrival of a new cadet or midshipman and to be repeated annually.
(Sec. 550E) Directs the Secretary to inform members, at the earliest time possible, of the policy of instructing an individual to answer "no" to question 21 of the Questionnaire for National Security Positions (concerning whether an individual has had a consultation with a health care professional about an emotional or mental health condition) if a consultation occurred strictly in relation to a sexual assault.
(Sec. 550F) Requires the Secretary to submit to Congress and make publicly available a report on the use of the UCMJ, the Manual for Courts-Martial, and related policies, articles, and regulations with regard to servicemembers living with or at risk of contracting HIV.
(Sec. 550G) Amends the Skelton Act to require specified additional information within an annual DOD report regarding sexual assaults within the military.
Subtitle E: Military Family Readiness - (Sec. 551) Directs that a lapel button be designed, as approved by the Secretary, to identify and recognize the spouse of a member who is serving or has served in a combat zone for more than 30 days. Requires such button to be known as the spouse-of-a-combat-veteran lapel button. Authorizes the Secretary to use appropriated funds to procure such buttons and to provide for their presentation to eligible spouses. States that the 30-day service period shall not apply if the member is killed or wounded before its expiration. Expresses the sense of Congress that, as soon as the buttons become available, the Secretary should: (1) widely announce their availability through military and public information channels; and (2) encourage commanders at all levels to conduct ceremonies recognizing the support provided by such spouses and to use such ceremonies as an opportunity for members to present their spouses with the button.
(Sec. 552) Amends the Servicemembers Civil Relief Act to provide that if a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent-servicemember, the court shall require that upon the return of that servicemember from deployment the custody order that was in effect preceding such deployment shall be reinstated, unless the court finds that reinstatement in not in the child's best interest. Prohibits a servicemember's deployment or possible deployment from being considered in the determination of a child's best interest in a motion seeking a permanent order to modify custody. Provides that under a temporary custody order, if a state law provides a higher standard of protection to the deploying parent-servicemember, the appropriate court shall apply the higher standard.
(Sec. 553) Prohibits the absence of a servicemember from his or her principal place of residence due to active-duty military service from preventing such servicemember from refinancing a mortgage on such residence. Makes such prohibition inapplicable to a servicemember who entered into a refinancing on such residence within the past five years.
(Sec. 554) Authorizes the Commander of the U.S. Special Operations Command, during FY2014-FY2016, to conduct up to three pilot programs to assess the feasibility and benefits of providing family support activities for the immediate family members of members assigned to special operations forces.
(Sec. 555) Expresses the sense of Congress that: (1) the federal government and state governments should make the transition of a member and his or her spouse from military to civilian life as seamless as possible by creating opportunities for them to earn civilian occupational credentials and licenses; (2) the federal government should assist state governments in translating military training and experience into credit towards professional licensing; and (3) state governments should streamline approaches for assessing the equivalency of military training and experience and accelerate occupational licensing processing for members, veterans, and their spouses.
(Sec. 556) Amends the Servicemembers Civil Relief Act to allow a court, in an action to enforce an obligation on real or personal property secured by a mortgage against a servicemember who is or was eligible for hostile fire or imminent danger pay during a period of military service, a servicemember placed on convalescent status, a veteran who was medically discharged and retired, or the surviving spouse of a member who died during military service, to stay such proceedings for a specified period (generally, one year after the event for which the individual became covered). Requires such court to stay such proceedings for such period upon application by any such individual. Prohibits the sale, foreclosure, or seizure of the subject property during such period, except upon a court order or pursuant to an agreement authorized under such Act. Requires the individual so covered to notify the mortgagee, trustee, or other creditor of such coverage. Provides a criminal penalty for violations of the sale, foreclosure, or seizure prohibitions and increases current civil penalties for mortgage violations under the Act.
Prohibits an individual from being denied or refused credit solely by reason of eligibility for relief under this section. Requires each lending institution acting as a creditor to such servicemember, veteran, or surviving spouse to designate an employee responsible for ensuring the institution's compliance with the requirements of this Act. Requires any such institution that had prior annual assets of $10 billion or more to maintain on its primary website a toll-free number for information concerning such requirements.
Extends through March 1, 2017 (under current law, November 30, 2016) a limitation on the use of a veteran's pension to pay for the cost of VA nursing home care for a veteran having neither a spouse nor child.
(Sec. 557) Directs that a lapel button be designed, as approved by the Secretary, to identify and recognize the dependent of a member who is serving or has served in a combat zone for more than 30 days. Requires such button to be known as the dependent-of-a-combat-veteran lapel button. Authorizes the Secretary to use appropriated funds to procure such buttons and to provide for their presentation to eligible dependents. States that the 30-day service period shall not apply if the member is killed or wounded before its expiration.
Subtitle F: Education and Training Opportunities and Wellness - (Sec. 561) Authorizes the Secretary concerned to establish and maintain a unit of the Junior Reserve Officers' Training Corps (JROTC) at a secondary institution in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau, as long as such institutions meet other requirements.
(Sec. 562) Directs the Secretary to ensure that the results of command climate assessments are provided to the relevant individual commander and to the next higher level of command. Requires each military department Secretary to include in performance evaluations and assessments a designated form where senior commanders can indicate whether the commander has conducted the required climate assessments. Requires a commander's failure to conduct any such assessment to be noted in his or her performance evaluation and considered a serious factor in promotion consideration. Directs the DOD Inspector General to develop a system to track whether commanders are conducting such assessments. Requires each unit commander to gather all unit climate assessments and develop a compliance report.
(Sec. 563) Directs: (1) each department Secretary to develop an assessment program modeled after the current Army multi-source assessment and feedback program (known as the 360-degree approach), and (2) the DOD Secretary to submit to Congress an assessment of the feasibility of including such approach within performance evaluation reports.
(Sec. 564) Directs each department Secretary to conduct health welfare inspections on a monthly basis in order to ensure and maintain security, military readiness, good order, and discipline of all units under his or her command.
(Sec. 565) Requires the Secretary to review security measures on U.S. military installations with regard to barracks and multi-family residences.
(Sec. 566) Directs the department Secretaries to make information on civilian credentialing opportunities available to members beginning with, and at every stage of, their training for military occupational specialities, in order to permit such members to: (1) evaluate the extent to which such training correlates with skills and training required for various civilian certifications and licenses, and (2) assess the suitability of such training for obtaining and pursuing such certifications and licenses. Requires the information made available to: (1) be consistent with the Transition Goals Plans Success program, and (2) include information on the civilian occupational equivalents of military occupational specialties. Requires such Secretaries to make available to civilian credentialing agencies specified information on the content of military training provided to members.
(Sec. 567) Allows members or veterans to use educational assistance provided through DOD or the VA in pursuit of a civilian certification or license only if the successful completion of a curriculum fully qualifies such student to take the appropriate examination and to be certified or licensed to meet any other academic conditions required for entry into that occupation or profession.
(Sec. 568) Directs the Secretary of each military department to carry out tuition assistance programs for members during FY2014.
(Sec. 569) Requires such Secretaries to ensure that members deployed in an area for which imminent danger or hazardous duty pay is authorized have Internet access to: (1) engage in videoconferencing and other communication with their families and friends, and (2) enjoy the educational and recreational opportunities and capabilities of the Internet through approved websites. Allows the Secretary concerned to waive such requirement for security purposes. Prohibits charging members for such service.
(Sec. 570) Requires a report from the Secretary to the defense committees on the troops-to-teachers program.
(Sec. 570A) Directs the Secretary to report to Congress on the feasibility of requiring automatic operation of the current prohibition on the accrual of interest on direct student loans for certain military personnel.
Subtitle G: Defense Dependents' Education - (Sec. 571) Earmarks specified DOD O&M funds for assistance to local educational agencies: (1) that benefit a significant number of dependents of members and civilian DOD employees; and (2) with enrollment changes due to base closures, force structure changes, or force relocations.
(Sec. 572) Directs the Secretary to make grants to nonprofit organizations that provide services to improve the academic achievement of military dependent students.
(Sec. 573) Requires tuition payments received by DOD for the enrollment of military and DOD civilian employee dependents in defense dependent elementary and secondary schools to be credited to an account designated for operation of the DOD virtual educational program.
Subtitle H: Decorations and Awards - (Sec. 581) Amends the federal criminal code to rewrite provisions relating to fraudulent claims about military service to subject to a fine, imprisonment for not more than one year, or both an individual who, with intent to obtain money, property, or other tangible benefit, fraudulently holds himself or herself out to be a recipient of:
(Sec. 582) Authorizes a member to receive more than one Medal of Honor.
(Sec. 583) Changes the time limits for recommending (from two years to three years after the distinguished service) and awarding (from three years to five years after the date of the act justifying the award) a Medal of Honor, Service Cross, or Distinguished Service Medal to members of the Army and Air Force (thereby standardizing such limits for all military departments).
(Sec. 584) Establishes in each military department and the Coast Guard the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. Directs: (1) the Secretary concerned to enter and record on such Honor Roll each person who has been awarded a Medal of Honor, and (2) each person listed to be issued a certificate of enrollment. Entitles listed individuals to a special pension of $1,000 a month. Allows such an individual to elect to decline the special pension.
(Sec. 585) Directs the Secretary concerned to award the Purple Heart to members killed or wounded in the attacks that occurred at the recruiting station in Little Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on November 5, 2009. Provides an exception for a member whose wound was the result of willful misconduct.
(Sec. 586) Authorizes the Secretary of the Army to award the Army Combat Action Badge to any member of the Army who participated in combat during which the person actually engaged, or was personally engaged by, the enemy at any time between December 7, 1941, and September 18, 2001, as long as such person has not been previously recognized for such participation.
(Sec. 587) Directs the Secretary of the Navy to submit to the defense committees the Navy's review, findings, and actions pertaining to the Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta.
(Sec. 588) Authorizes and requests the Secretary of the Army to award the Distinguished Service Cross to Sergeant First Class Robert F. Keiser for acts of valor during the Korean War.
(Sec. 589) Requires the metal content of the Medal of Honor to be 90% gold and 10% alloy. Makes such requirement inapplicable with respect to the issuance of a duplicate Medal.
(Sec. 590) Directs the Secretary of the Army to consider the nominations for the Silver Star Award for retired Master Sergeants Michael McElhiney, Ronnie Raikes, and Gilbert Magallanes, and for Staff Sergeant Wesley McGirr.
(Sec. 590A) Directs the Secretary of the Army to submit to the defense committees the results of the Army's review, findings, and actions pertaining to the Medal of Honor nomination of Captain William L. Albracht.
(Sec. 590B) Directs the Secretary concerned, when recipients of certain military decorations or medals (or in some cases, their immediate next of kin) request a replacement of such decoration (e.g., when the original medal is lost, stolen, or destroyed), to ensure that: (1) all actions to be taken with respect to the request, including verification of the service record of the recipient, are completed within one year; and (2) the replacement is mailed to the person making the request within 60 days after such verification.
Directs the Secretary of Defense to submit to the defense and appropriations committees: (1) an annual report regarding compliance by the military departments with such replacement performance standards; and (2) a plan to implement such standards, including an estimate of FY2015 funds necessary to meet or exceed such standards.
(Sec. 590C) Authorizes and requests the President to award the Medal of Honor to then First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War.
Subtitle I: Other Matters - (Sec. 591) Reflects the name change of North Georgia College and State University (a senior military college) to the University of North Georgia.
(Sec. 592) Authorizes the Secretary of the Army to contract with an appropriate entity for the provision of transportation, interpretative, or other necessary or appropriate concession services to visitors at the Army National Military Cemeteries. Authorizes a contract for up to a 10-year period, with an authorized 10-year extension. Requires all franchise fees to be deposited into a special account to be used to support activities there.
(Sec. 593) Establishes the Commission on Military Behavioral Health and Disciplinary Issues to study the adequacy of DOD mechanisms for disciplinary military personnel action in addressing the behavioral impact of service-connected mental disorders and traumatic brain injury.
(Sec. 594) Establishes the Commission on Service to the Nation to study: (1) the effect of warfare on members, their families, and their community; (2) the outgoing experience and transition between military and civilian life; and (3) the gaps between the military and those Americans who do not participate directly in the military community.
(Sec. 595) Directs the Secretary to establish an electronic means by which Ready Reserve members can track their operational active-duty service performed after January 28, 2008, for purposes of early reserve retirement credit.
(Sec. 596) Allows members not in uniform and veterans to render the military salute during the recitation of the pledge of allegiance.
(Sec. 597) Directs the Secretary to make the service treatment records, personal records, unit records, and medical records (service records) of each member available to the VA Secretary in an electronic format. Provides post-discharge or release timelines for such availability. Requires each service record provided to include a DOD certification of its completeness. Deems such service record release a permitted disclosure under requirements of the Health Insurance Portability and Accountability Act of 1996.
(Sec. 598) States that Congress: (1) reaffirms its support for the recovery and return to the United States of the remains and bodies of all members killed in the line of duty and for efforts by the Joint POW-MIA Accounting Command to recover remains of members from all wars, conflicts and missions; (2) recognizes the courage and sacrifice of all members who participated in Operation Highjump and all missions vital to U.S. national security; (3) acknowledges the dedicated research and efforts by the U.S. Geological Survey, the National Science Foundation, the Joint POW/MIA Accounting Command, the Fallen American Veterans Foundation, and other persons and organizations to identify, locate, and advocate for the recovery of the bodies of Ensign Maxwell Lopez, Naval Aviator, Frederick Williams, Aviation Machinist's Mate 1st Class, and Wendell Hendersin, Aviation Radioman 1st Class of the "George 1" explosion and crash; and (4) encourages DOD to review the facts, research, and pursue new efforts to recover, identify, and return the bodies of the "George 1" crew from Antarctica's Thurston Island.
(Sec. 599) Requires any gift made to the Secretary on the condition that it be used for the benefit of a military musical unit to be credited to the appropriation or account providing funds for such unit and to be merged with and used for the same purposes.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Extends through 2014 DOD authority to provide a temporary increase in the rates of basic allowance for housing for military housing in an area impacted by a natural disaster or experiencing a sudden influx of personnel.
(Sec. 602) Entitles a member of the National Guard who is called into federal service for a period of 30 days or less to basic pay for such service from the date on which the member first contacts the member's unit. (Under current law, such entitlement begins on the date on which the member appears at the place of company rendezvous.)
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2014 specified authorities currently scheduled to expire at the end of 2013 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 617) Authorizes the Secretary concerned to pay a bonus to a cadet or midshipman enrolled in the Senior ROTC to complete the appropriate training, accept a commission, and serve on active duty. Limits the bonus to $5,000. Requires pro rata repayment for failure to complete agreement requirements. Terminates the bonus program at the end of 2015.
Subtitle C: Disability, Retired Pay, Survivor, and Transitional Benefits - (Sec. 621) Directs the Secretary, and the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy, to each establish a program to pay monthly transitional compensation to dependents or former dependents of members who served for more than 20 years and are separated from service for convictions under the UCMJ. Prohibits any such payment to a dependent or former dependent who was an active participant in the conduct constituting the offense. Limits such payment duration to generally at least 12 months following the conviction or separation and no longer than 36 months thereafter. Allows such dependent or former dependent, while receiving such payments, to use commissary and exchange benefits in the same manner as dependents of active-duty personnel.
(Sec. 622) Prohibits the retired pay of a member using the high-three pay years formula and who first became a member on or after September 8, 1980, from being less on the date the member or former member initially becomes entitled to such pay than the retired pay to which the member would be entitled on that date if the member or former member had become entitled to retired pay on an earlier date, adjusted to reflect any adjustments due to cost-of-living increases.
Subtitle D: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations - (Sec. 631) Includes threatening to take an adverse personnel action within prohibited actions under whistleblower protections for nonappropriated fund instrumentality employees (thus affording them the same protections provided to military personnel under military whistleblower protections).
(Sec. 632) Requires the governing body for the oversight and management of military exchange and commissary systems to: (1) establish guidelines for the identification of fresh meat, poultry, seafood, fish, produce, and other products raised or produced through sustainable methods; and (2) establish goals, applicable to all such systems, to maximize the purchase by the end of FY2018 of such products, local food products, and recyclable materials.
(Sec. 633) Corrects an obsolete reference with respect to the Navy Ship Stores Program.
(Sec. 634) Directs the senior DOD official responsible for overseeing the defense commissary and exchange store system to require that such system: (1) comply with requirements of the Accord on Fire and Building Safety in Bangladesh (Accord) in the purchase of garments manufactured in Bangladesh for the private label brands sold in the system, and (2) give a preference to retailers and licensees that are signatories to such Accord. Requires DOD to notify Congress in the case of garments purchased from non-signatory suppliers.
Subtitle E: Other Matters - (Sec. 641) Authorizes DOD to provide certain expenses related to the recovery, care, and disposition of human remains when such remains are retained by the Armed Forces Medical Examiner for forensic pathology investigation.
(Sec. 642) Honors as a veteran (but without any additional veteran's benefit) a person who is entitled to retired pay for non-regular (reserve) service or who, but for age, would be so entitled.
(Sec. 643) Directs the Secretary to: (1) carry out a random survey of members regarding the value of military pay and benefits; and (2) submit to Congress, and make publicly available, a report containing survey results.
(Sec. 644) Directs the Secretary to provide transportation on scheduled and unscheduled military flights within the United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for veterans with a service-connected, permanent disability rated as total.
Title VII: Health Care Provisions - Subtitle A: Improvements to Health Benefits - (Sec. 701) Requires the Secretary to provide for a one-on-one mental health assessment of each member during each 180-day period that the member is deployed. Allows such an assessment by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and their use for such purpose would not impair their capacity to perform higher priority tasks.
(Sec. 702) Directs the Secretary to provide periodic, person-to-person, mental health assessments to each member serving on active duty. Requires the sharing with the VA Secretary of information from such assessments.
(Sec. 703) Requires the treatment of developmental disabilities under TRICARE (a DOD-managed health care program) to include behavioral health treatment, including applied behavioral analysis, when prescribed by a physician. Outlines requirements, including appropriate licensing or certification, with respect to the provision of such services. Provides behavioral health treatment exclusions.
(Sec. 704) Directs the Secretary, in carrying out the transitional assistance management program, to extend such program's coverage by an additional 180 days for treatment provided through telemedicine. Directs the Secretary to extend such program's coverage for mental health care and behavioral services for a period determined necessary by a health care professional treating the individual. Terminates such latter care and services at the end of 2018 if the Secretary determines that, by such date, the suicide rates for both active-duty and reserve members are 50% less than such rates as of December 31, 2012.
(Sec. 705) Requires the DOD and VA Secretaries to jointly develop, implement, and report to Congress on a comprehensive policy on improvements to the care, management, and transition of recovering servicemembers with urotrauma (injury to the urinary tract from a penetrating, blunt, blast, thermal, chemical, or biological cause).
Subtitle B: Health Care Administration - (Sec. 711) Amends the NDAA for Fiscal Year 2013 to direct the Secretary to ensure that each beneficiary other than an active-duty beneficiary who is enrolled in TRICARE Prime as of September 30, 2013, may make a one-time election to continue such enrollment, notwithstanding that an existing TRICARE contract does not allow for such enrollment based on the location in which the beneficiary resides. Allows the beneficiary to continue in such enrollment while residing in the same ZIP code in which the beneficiary resided at the time of election. Allows such beneficiary to elect, at any time, to instead enroll in TRICARE Standard.
(Sec. 712) Authorizes each Secretary concerned to establish cooperative health care agreements between military installations and local or regional health care entities.
(Sec. 713) Prohibits the obligation or expenditure of more than 75% of the FY2014 funds earmarked for the integrated electronic health record program until 30 days after the Secretary submits to the defense and appropriations committees an analysis of alternatives for the plan to proceed with such program.
(Sec. 714) Requires the Secretary to carry out a three-year pilot program to assess the feasibility of using revenue-cycle management improvement processes to increase the amounts collected from third party payees for charges for health care provided in the United States at a military medical treatment facility. Requires the pilot program to be conducted at a number of installations of different military departments. Requires a report from the Secretary to the defense and appropriations committees on the methods employed by the military departments to collect charges from third-party payers for costs incurred at military medical treatment facilities.
Subtitle C: Other Matters - (Sec. 721) Directs the Secretary to submit, as part of the annual DOD budget justification materials, a display with respect to embedded mental health providers within each reserve component.
(Sec. 722) Authorizes the Uniformed Services University of the Health Sciences to enter into contracts and agreements with, and make grants to, other nonprofit entities. (Under current law, such authority is permitted only with the Henry M. Jackson Foundation for the Advancement of Military Medicine.)
(Sec. 723) Authorizes the Secretary to carry out collaborative programs to: (1) respond to escalating suicide and combat-stress-related arrest rates of members; (2) train active-duty members to recognize and respond to combat stress disorder, suicide risk, substance addiction, risk-taking behaviors, and family violence; and (3) determine the effectiveness of DOD efforts in reducing suicide rates among members.
(Sec. 724) Authorizes the Secretary, in conducting the peer reviewed medical research program, to consider selecting medical research projects relating to hydrocephalus.
(Sec. 725) Directs the Secretary to carry out RDT&E activities with respect to traumatic brain injury and psychological health, including drug development to halt neurodegeneration following such injury.
(Sec. 726) Directs the Secretary, upon request of a state adjutant general, to share contact information of members of the Individual Ready Reserve and individual mobilization augmentees who reside in that state, for the purpose of conducting suicide prevention outreach efforts.
(Sec. 727) Requires DOD's Office of Health to work in collaboration with the National Institutes of Health (NIH) to: (1) identify targets and biomarkers for triple negative breast cancer; and (2) provide information useful in biomarker selection, drug discovery, and clinical trials design.
(Sec. 728) Expresses the sense of Congress that: (1) the Secretary should develop a plan to ensure a sustainable flow of qualified counselors to meet the long-term needs of members and their families; and (2) the plan should include the participation of schools and universities, health care providers, professional counselors, family service or support centers, chaplains, and other appropriate resources of DOD.
(Sec. 729) Directs the VA Secretary to report to the defense and veterans committees on the role of the VA in DOD centers of excellence for the treatment of traumatic brain injury (TBI), post-traumatic stress disorder (PTSD) and related mental health issues, and the treatment and rehabilitation of military eye injuries.
(Sec. 730) Requires the Secretary, before an individual is enlisted or commissioned, to provide the individual with a mental health assessment and include the results as a baseline for any subsequent mental health examinations.
(Sec. 731) Expresses the sense of Congress that: (1) current law requires the Secretary to submit to Congress, within 180 days after the date of enactment of the NDAA for Fiscal Year 2013, a plan to improve the coordination and integration of DOD programs that address TBI and the psychological health of members; (2) the requirement to submit such plan is still in effect; and (3) the Secretary should deliver the report within the required time.
(Sec. 732) Directs the Secretary to report to the defense and appropriations committees on how the Secretary will identify, refer, and treat TBIs of members who served in Operations Enduring Freedom or Iraqi Freedom before the date in June 2010 on which the memorandum on using a 50-meter distance from an explosion as a criterion to properly identify, refer, and treat members for potential TBI took effect.
(Sec. 733) Directs the Secretary to carry out a five-year pilot program to establish a process for providing payments for investigational treatments of TBI or PTSD received by members in facilities other than military treatment facilities. Subjects such payments to specified conditions, including approval of the treatment by the Secretary and demonstrated improvement by the patient.
Requires the Secretary to: (1) develop and maintain a database containing data from each patient case involving the use of such treatments, (2) establish a process to notify members of the opportunity to receive such treatments, and (3) report annually to Congress on the implementation of this section and any available results of investigational treatment studies. Terminates such authority five years after the date of enactment of this Act. Authorizes appropriations.
(Sec. 734) Expresses the sense of Congress that: (1) DOD and VA have failed to implement a solution that allows seamless electronic sharing of medical health care data, (2) the recent decision by the DOD and VA Secretaries to abandon their earlier agreement and pursue separate paths to integration jeopardizes such possible solution, and (3) the President should make the necessary leadership changes to assure the timely completion of such solution. Requires such Secretaries to implement an integrated electronic health record to be used by both departments and to deploy such record by October 1, 2016. Outlines record design principles.
Directs the Secretaries to: (1) develop and submit to the defense, veterans, and appropriations committee a program plan for the oversight and execution of such record; and (2) jointly commission an independent assessment of the program plan. Requires monthly reports on program plan expenditures, as well as the DOD-VA sharing by October 1, 2014, of all health care information contained in their departmental systems. Requires the conduct and submission of accountability reviews if any of the above requirements are not met. Directs the Secretaries to establish an advisory panel to support the development and validation of requirements, assessments, and other actions needed with respect to the shared electronic health record. Requires the advisory panel to submit quarterly activities reports.
(Sec. 735) Directs the CG to report to the defense and appropriations committees evaluating similarities and differences in the approaches to identifying and recovering improper payments across Medicare and TRICARE.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Amends the Warner Act to include within a reporting requirement for DOD business system acquisition programs the reporting of any failure to achieve initial operating capability within five years of milestone A approval.
(Sec. 802) Authorizes the Secretary and the Secretary of each military department to allow the heads of DOD laboratories to grant licenses for computer software and related documentation developed at a DOD laboratory, but only if: (1) such software and documentation would be a trade secret if the information had been obtained from a non-federal party, (2) the public is notified of such availability and has a fair opportunity to submit license applications, (3) such licenses comply with federal requirements for the licensing of federally owned inventions, and (4) the software was originally developed to meet DOD military needs. Requires such Secretaries to provide appropriate protections against the unauthorized disclosure of any such software or documentation. Provides for the DOD retention and use of royalties on such software and documentation. Terminates the authority under this section at the end of 2018.
(Sec. 803) Amends the NDAA for Fiscal Year 2012 to extend through FY2015 a limitation on the aggregate amount available to DOD for contract services.
Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 811) Amends the NDAA for Fiscal Year 2012 to include as allowable DOD contractor costs those associated with the use of counterfeit electronic parts if such parts were procured from an original manufacturer or its authorized dealer or from a trusted supplier.
(Sec. 812) Makes unallowable (with limited exceptions) the cost of counterfeit electronic parts and suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of obsolete parts.
(Sec. 813) Limits to $763,029 the DOD and other federal agency allowable cost for annual compensation to a single contractor. Limits any increases to such limit to the annual compensation baseline adjustment under the Employment Cost Index. Makes unallowable the entire compensation of the five most-highly compensated employees of a contractor who was awarded more than $500 million in federal contracts in the previous fiscal year.
(Sec. 814) Requires the inclusion in quarterly DOD selected acquisition reports of additional cost estimate information with respect to each major defense acquisition program or designated major subprogram included in such report. Requires the Director of Cost Assessment and Program Evaluation to: (1) annually review the cost estimates and associated information included in each report, and (2) include in the Director's required annual report on cost assessment activities a summary thereof, together with recommendations for improving such cost estimates.
(Sec. 815) Directs the Secretary to make publicly available electronically any determination of a compelling reason to solicit an offer from, extend, or approve a subcontract with an offeror or contractor that has been debarred or suspended by a federal agency.
(Sec. 816) Requires cost or price to the government to be given equal importance as any technical or other criteria in evaluating competitive proposals for defense contracts. Directs the Secretary to annually submit to Congress and post on a publicly-available DOD website a report of each waiver of such requirement issued by the head of a defense agency.
(Sec. 817) Includes a flag of the United States among those items that DOD must procure from a domestic source.
Subtitle C: Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan - (Sec. 821) Amends the NDAA for Fiscal Year 2012 to revise provisions authorizing the Secretary to void a contract upon determining that an entity under the contract is engaged in hostilities against the United States or its coalition partners. Lowers the limit for contracts covered from $100,000 to $50,000. Provides such authority to combatant commanders engaged in a contingency operation (under current law, only to the Commander of the U.S. Central Command). Makes such authority permanent (under current law, terminates on December 31, 2014).
(Sec. 822) Amends the NDAA for Fiscal Year 2008 relating to contracting requirements for contracts in Iraq and Afghanistan to allow the imposition of a penalty on any contractor that does not comply with such requirements. Requires information on any penalties so imposed to be included in a required annual CG report concerning such contracts.
Subtitle D: Other Matters - (Sec. 831) Amends: (1) the Skelton Act to extend through 2019 a DOD pilot program on the acquisition of military purpose non-development al items, and (2) the NDAA for Fiscal Year 2010 to extend through 2015 DOD authority to acquire products and services produced in countries located along a major supply route to Afghanistan.
(Sec. 833) Directs the Secretary to report to the defense committees on how sole source suppliers of components to the DOD procurement supply chain create vulnerabilities to military attack, terrorism, natural disaster, industrial shock, or financial or geopolitical crisis such as an embargo of key raw materials or industrial inputs.
(Sec. 834) Directs the Secretary to issue a report on the impacts of DOD contracting with small businesses owned and controlled by veterans and service-disabled veterans on veteran entrepreneurship and veteran unemployment.
(Sec. 835) Requires the Secretary to modify certain provisions of the Department of Defense Supplement to the Federal Acquisition Regulation (DOD-FAR) to provide that the authority of the head of an agency to make an award pursuant to a sole-source defense contract is delegable.
(Sec. 836) Directs the Secretary to adopt and implement item unique identification, radio frequency identification, biometrics, and other automated information and data capture technologies for the tracking and management of, and accountability for, assets deployed across DOD.
(Sec. 837) Requires DOD-FAR revision to take into account specified personnel management and procurement source requirements.
(Sec. 838) Prohibits this Act's funds from being used to purchase military coins not produced in the United States.
(Sec. 839) Requires footwear needed by members upon their initial entry into service to comply with DOD requirements concerning the procurement of products through domestic sources (Buy American requirements), without regard to the applicability of any simplified acquisition threshold. Provides an exception with respect to athletic footwear that is medically required to meet unique physiological needs that cannot be met by footwear complying with such requirements.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Redesignates: (1) the Department of the Navy as the Department of the Navy and Marine Corps; and (2) as appropriate the Secretary and other statutory offices within such departments.
(Sec. 902) Revises the definition of "legacy systems" for purposes of the transition plan under the defense business enterprise architecture.
(Sec. 903) Directs the Secretary to report to the defense and appropriations committees on the strategic value of each major installation that supports operations in the U.S. Pacific Command.
(Sec. 904) Requires a report from the CG containing the results of a review of the potential for: (1) consolidating under-used facilities on military installations; or (2) vacating costly leased space by relocating federal agency tenants, activities, missions, and personnel onto such installations. Requires the CG to specifically evaluate potential consolidation of federal tenants on Asia-Pacific and Arctic-oriented installations.
Subtitle B: Space Activities - (Sec. 911) Expresses the sense of Congress that: (1) DOD depends on national security space programs to support communications, missile warning, position, navigating, timing, intelligence, surveillance, reconnaissance, and environmental monitoring; and (2) foreign threats to such space systems are increasing. Requires the Secretary to notify the defense, appropriations, and foreign relations committees within 48 hours of an attempt by a foreign actor to disrupt, degrade, or destroy a U.S. national security space capability.
(Sec. 912) Directs the Secretary to enter into an agreement with the National Research Council to review strategic options available to address threats to U.S. national security space systems and to identify recommended courses of action to address such threats. Requires U.S. space protection strategy information to be included in a report required under the NDAA for Fiscal Year 2008.
(Sec. 913) Directs the Under Secretary to establish a strategy to enable the multi-year procurement of commercial satellite services.
(Sec. 914) Requires the Secretary to report on DOD's space control mission.
(Sec. 915) Directs the DOD Executive Agency for Space to conduct a study on responsive, low-cost launch efforts.
Subtitle C: Defense Intelligence and Intelligence-Related Activities - (Sec. 921) Revises provisions concerning DOD authority to conduct commercial activities overseas as security for intelligence collection activities to: (1) change an audit requirement from annually to biennially, (2) remove the requirement that the Defense Intelligence Agency (DIA) be responsible for the management and supervision of the collection activities (instead, making it DOD), and (3) add the defense and appropriations committees to the report requirement.
(Sec. 922) Requires the Secretary to establish and brief the defense, appropriations, and intelligence committees on a written policy governing the coordination and prioritization of intelligence priorities of the Office of the Secretary of Defense, the Joint Staff, the combatant commands, and the military departments.
(Sec. 923) Prohibits the obligation or expenditure of more than 50% of the funds available for the Defense Clandestine Service in FY2014 until the Secretary makes a specified certification to such committees with respect to Service activities. Requires annual assessments by the Secretary of such Service's employment and performance. Directs the Secretary to brief such committees quarterly on the Service's deployment and intelligence collection activities.
(Sec. 924) Prohibits any DOD funds from being used, until the end of 2014, to execute the separation or consolidation of the National Intelligence Program budget from or within the DOD budget. Requires the Secretary and the Director of National Intelligence (DNI) to jointly brief the defense, appropriations, and intelligence committees on any planned execution.
Subtitle D: Cyberspace-Related Matters - (Sec. 931) Amends the NDAA for Fiscal Year 2013 to require additional information in a required report concerning a DOD inventory of defense tactical data link systems.
(Sec. 932) Directs the Defense Science Board to: (1) assess the organization, missions, and authorities of the United States Cyber Command; and (2) report assessment results to the Secretary, the DNI, and the defense, appropriations, and foreign relations committees. Requires the Secretary and DNI to submit to such committees an evaluation of the findings and recommendations contained in such report.
(Sec. 933) Requires: (1) the Secretary to conduct a mission analysis of the cyber operations of DOD, and (2) the Chief of the National Guard Bureau to submit an assessment of the role of the National Guard in supporting such mission.
(Sec. 934) Directs the Secretary to: (1) notify the defense and appropriations committees within 30 days after the initiation of any investigation related to the potential compromise of DOD critical program information related to a weapons system or other developmental activity, (2) notify such committees of the completion of any such investigation, and (3) report on any known intrusions that occurred on or after January 1, 2000, and before August 1, 2013, and resulted in a compromise.
(Sec. 935) Directs DOD's Chief Information Officer (CIO): (1) to update a required plan for the inventory of selected software licenses of DOD to include an additional plan for the inventory of all such licenses for which a military department spends more than $5 million annually on any individual title; and (2) if necessary, to implement a plan to bring the number of required software licenses into balance with DOD needs and the terms of any relevant contract.
(Sec. 936) Prohibits funds from being used for collaborative cybersecurity activities with China or an entity owned or controlled by China.
(Sec. 937) Directs the Secretary to report to Congress on the feasibility of establishing a small business cyber technology office to assist small businesses in providing cybersecurity solutions to the federal government.
(Sec. 938) Requires the Secretary to establish an outreach and education program to assist small businesses contracted by DOD to: (1) understand the gravity and scope of cyber threats, (2) develop a plan to protect intellectual property, and (3) develop a plan to protect the networks of such businesses.
Subtitle E: Total Force Management - (Sec. 941) Requires the Secretary of the military department or head of the defense agency responsible to provide appropriate oversight or corrective actions with respect to the contracting of services closely associated with inherently governmental functions.
(Sec. 942) Requires the Secretary or his designee, beginning in FY2014 and continuing through FY2018, to certify that all DOD contractor positions responsible for the performance of inherently governmental functions have been eliminated. Requires the CG to submit to such committees, for each such fiscal year, an assessment of related reviews conducted by the Secretary with respect to such functions.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $3.5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1003) Expresses the sense of Congress that in the aftermath of the sequestration enacted by the Budget Control Act of 2011, financial reform is imperative and DOD should place continued continued importance on such efforts. Directs the Secretary, upon the conclusion of FY2018, to ensure that a full audit is performed on the financial statements of DOD for that fiscal year. Requires the Secretary to submit to Congress the results of such audit by no later than March 31, 2019.
(Sec. 1004) Provides that if the amount authorized for weapons activities of the National Nuclear Security Administration (NNSA) for FY2014 is less than $8.4 billion, the Secretary may transfer to the Secretary of Energy for such purposes up to $150 million. Requires congressional notification of any such transfer.
Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 to extend through FY2014 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
(Sec. 1012) Amends the NDAA for Fiscal Year: (1) 2004 to extend through FY2014 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities, and (2) 1998 to extend through FY2015 DOD authority to support counter-drug activities of certain foreign governments.
(Sec. 1014) Expresses the sense of Congress that the National Guard Counter-Narcotic Program is a valuable tool to counter-drug operations across the United States and should receive continued funding.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Permits the Secretary of the Navy to donate any vessel stricken from the Naval Vessel Register or any captured vessel for use only as a museum or memorial for public display in the United States. Exempts the United States and any of its officers or employees from liability for any subsequent activities with regard to donated vessels. Prohibits any cost to the United States with respect not only to such transfer, but to any subsequent maintenance, preservation, or demilitarization at the end of the vessel's useful life.
(Sec. 1022) Prohibits (with an exception) any FY2014 DOD funds from being used to retire, inactivate, or place in storage a cruiser or dock landing ship. Authorizes the Secretary, with a specified limit, to transfer FY2013 DOD funds for the modernization of such vessels.
(Sec. 1023) Designates naval vessels that do not have a homeport as being homeported in the United States or Guam for purposes of their repair and maintenance in foreign shipyards.
(Sec. 1024) Expresses the sense of Congress that: (1) DOD and the Navy must prioritize funding towards increased shipbuilding rates; (2) the Navy's future budget requests and the long range plan for the construction of naval forces must anticipate and reflect the true investment necessary to meet force structure goals; (3) without modification to such plan, the future of the industrial base that enables construction of large, combat-survivable amphibious assault ships is at significant risk; and (4) DOD and Congress should act expeditiously to restore the force structure and capability balance of the Navy fleet.
(Sec. 1025) Authorizes the Secretary of the Navy to extend or renew, for a conditional period of up to 180 days, the lease of not more than four blocking vessels supporting the transit protection system escort program after the expiration of the lease of such vessels. Provides funding. Requires prior notification of any such extension or renewal to the defense and appropriations committees.
(Sec. 1026) Directs the Secretary of the Navy to submit to the defense and appropriations committees an updated comparison of the costs and risks of acquiring DDG-1000 and DDG-51 Flight III vessels equipped for enhanced BMD capability.
(Sec. 1027) Expresses the sense of Congress that the President should establish an Advisory Board on Toxic Substances and Worker Health, as described in a prior CG report, to advise the President concerning the review and approval of the Department of Labor site exposure matrix (used to determine the eligibility of contractor employee claims for compensation for illness resulting from exposure to toxic substances).
Subtitle D: Counterterrorism - (Sec. 1030) Allows military commissions to include alternate members to replace primary members who are excused from service by challenge, for health reasons, or for other good cause shown.
(Sec. 1031) Establishes additional annual report requirements from the Regional Defense Combating Terrorism Fellowship Program.
(Sec. 1032) Prohibits DOD funds from being used, through 2014, to construct or modify any facility in the United States or its territories or possessions to house any individual detained by DOD at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo), for purposes of detention or imprisonment, unless authorized by Congress. Makes such prohibition inapplicable to facility modifications at Guantanamo.
(Sec. 1033) Prohibits the Secretary, through 2014, from using DOD funds to transfer any individual detained at Guantanamo to the custody or control of such individual's country of origin, or to any other foreign country or entity, unless the Secretary, at least 30 days beforehand, has made a certification to Congress that the country to which the individual is about to be transferred: (1) is not a designated state sponsor of terrorism or foreign terrorist organization; and (2) has agreed to take steps to ensure that the individual cannot engage or re-engage in any terrorist activity. Prohibits any such transfer if there is a confirmed case that any individual previously detained at Guantanamo and then transferred to a foreign country or entity subsequently engaged in a terrorist activity, but authorizes the Secretary to waive such prohibition in the interests of national security. Requires congressional notification of any such waiver. Authorizes the Secretary, in assessing an individual's risk factor, to give consideration to such individual's substantial cooperation with U.S. intelligence and law enforcement authorities and related activities.
(Sec. 1034) Prohibits funds from this Act from being used, through 2014, to transfer, release, or assist in the transfer or release to or within the United States or its territories or possessions of Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at Guantanamo, by DOD.
(Sec. 1035) Requires the Secretary to make publicly available a summary of information relating to individuals detained by DOD at the Detention Facility at Parwan, Afghanistan, pursuant to the Authorization for Use of Military Force who have been determined to represent an enduring security threat to the United States.
(Sec. 1036) Directs the Secretary to submit an assessment of activities of al Qaeda affiliates and adherents operating outside of the United States.
(Sec. 1037) Directs the Secretary to designate a senior DOD official with principal responsibility for coordination and management of the transfer of individuals detained at Guantanamo and to set forth such official's responsibilities with respect to such transfers.
(Sec. 1038) Requires the chief defense counsel and chief prosecutor to have the same rank for purposes of any military commission established to try an alien unprivileged enemy belligerent who is detained at Guantanamo.
(Sec. 1039) Directs the Secretaries of Defense and State to jointly report on the capability of the government of Yemen to detain, rehabilitate, and prosecute individuals detained at Guantanamo who are transferred to Yemen.
(Sec. 1040) Directs the Secretary and the Attorney General to jointly report on the attachment of rights to individuals detained at Guantanamo upon their transfer to the United States.
(Sec. 1040A) Requires the Secretary to make publicly available a summary of information relating to individuals formerly detained at Guantanamo who, after such transfer, have become leaders or are involved in the leadership structure of a foreign terrorist group.
(Sec. 1040B) Prohibits the Authorization for Use of Military Force from being construed to deny the availability of habeas corpus to any U.S. citizen apprehended inside the United States pursuant to such Act. Requires, in such a proceeding, the government to have the burden of proof by clear and convincing evidence that such citizen is an unprivileged enemy belligerent.
(Sec. 1040C) Prohibits the use of DOD funds to: (1) provide additional or upgraded recreational facilities for individuals detained at Guantanamo; or (2) transfer or release, through December 31, 2014, an individual detained at Guantanamo to the custody or control of Yemen or any entity within Yemen.
Subtitle E: Sensitive Military Operations - (Sec. 1041) Directs the Secretary to promptly notify the defense and appropriations committees in writing upon the completion of any sensitive military operation. Requires such committees to follow procedures designed to protect classified information relating to national security with respect to such information. Provides an exception with respect to a sensitive military operation executed within Afghanistan pursuant to the Authorization for Use of Military Force.
(Sec. 1042) Directs the Secretary to submit an explanation of the legal and policy considerations and approval processes used in determining whether an individual or group could be the target of a lethal operation or capture conducted by U.S. Armed Forces outside the United States.
(Sec. 1043) Requires the Secretary to brief such committees quarterly outlining DOD counterterrorism operations and related activities.
Subtitle F: Nuclear Forces - (Sec. 1051) Prohibits the obligation or expenditure of FY2014 DOD funds to reduce, convert, or decommission any strategic delivery system if such reduction, conversion, or decommissioning would eliminate a leg of the nuclear triad.
(Sec. 1052) Prohibits any FY2014 DOD funds for NNSA from being obligated or expended to carry out U.S. nuclear force reductions required by the New START Treaty until: (1) the Secretary submits a reduction plan required under the NDAA for Fiscal Year 2012, and (2) the President certifies that any further reduction below such Treaty's required level will be carried out only pursuant to a treaty or international agreement specifically approved with the advice and consent of the Senate or by an Act of Congress. Provides exceptions.
(Sec. 1053) Prohibits the use of FY2014 DOD funds to reduce or consolidate the basing of dual-capable U.S. aircraft based in Europe until 90 days after the Secretary makes certain certifications with respect to similar actions by the Russian Federation and consultation with NATO-member states.
(Sec. 1054) States as the policy of the United States that any agreement for further arms reduction below the levels of the New START Treaty may only be made pursuant to the President's treaty-making power or by an Act of Congress. Prohibits any funds available to DOD for FY2014 or thereafter from being used to retire, dismantle, or deactivate any strategic nuclear delivery vehicle if such action reduces the number of such vehicles to less than the 800 required to implement such Treaty. Authorizes a waiver upon a specific certification from the President with respect to equal reduction actions by the Russian Federation. Provides additional funding limitations if the President makes such a waiver. Provides an exception to such funding limitations in the case of reductions made to ensure the safety, security, reliability, and credibility of the U.S. nuclear weapons stockpile and strategic delivery systems.
(Sec. 1055) Expresses the sense of Congress that the President should consider not seeking to further limit or reduce U.S. nuclear forces with a foreign country, such as the Russian Federation, that remains in active noncompliance with existing nuclear arms obligations. Outlines specific actions to be taken by the President upon the determination of a country's noncompliance, including consultation with Congress and the submission of a plan to bring such country into compliance.
(Sec. 1056) Directs the Secretary of the Air Force to ensure that the Air Force is capable of: (1) deploying multiple independently targetable reentry vehicles to Minuteman III intercontinental ballistic missiles, and (2) commencing such deployment within 270 days after the President determines such deployment to be necessary. Requires the Nuclear Weapons Council to ensure that: (1) the nuclear weapons stockpile contains a sufficient number of nuclear warheads for such purpose, and (2) such deployment is capable of being commenced within such period.
(Sec. 1057) Amends the NDAA for Fiscal Year 2013 to provide a funding limit on the Office of the Secretary until the Secretary notifies Congress that the Secretary has entered into an agreement for an assessment of the nuclear weapons program of China.
(Sec. 1058) Amends the NDAA for Fiscal Year 2012 to require inclusion in an annual report of an estimate of the personnel costs associated with sustaining and modernizing the U.S. nuclear deterrent and nuclear weapons stockpile.
(Sec. 1059) Directs the Secretary and the JCS Chairman to jointly report on whether the New START Treaty is in the U.S. national security interests.
Subtitle G: Miscellaneous Authorities and Limitations - (Sec. 1061) Authorizes the Secretary to establish the Conflict Records Research Center to facilitate research and analysis of records captured from countries, organizations, and individuals now or once hostile to the United States. Outlines related Center activities.
(Sec. 1062) Extends through FY2019 DOD authority to provide military transportation services to certain other federal agencies at the DOD reimbursement rate. Allows DOD to use extra capacity on its military transport assets to provide transportation in support of foreign military sales.
(Sec. 1063) Prohibits FY2014 Army funds from being used to modify its force structure or basing strategy until the Secretary of the Army: (1) submits to Congress a force structure report required under the NDAA for Fiscal Year 2103, and (2) briefs the defense and appropriations committees on the most recent force mix analysis conducted by such Secretary.
(Sec. 1064) Prohibits any DOD funds from being obligated or expended on any public-private cooperation activity undertaken by a combatant command until the Secretary reports to the defense committees on the conclusions of the Defense Business Board (as required under a prior House report).
(Sec. 1065) Directs the Secretary, the Secretary of Homeland Security (DHS), and the Administrator of the Federal Aviation Administration (FAA) to jointly: (1) develop and implement plans and procedures to review the potential of joint testing and evaluation of unmanned aircraft equipment and systems with other appropriate federal departments and agencies for purposes of meeting future requirements of combatant commanders and strengthening international border security, and (2) report to Congress on the status of the development of such plans and procedures.
Subtitle H: Studies and Reports - (Sec. 1071) Requires periodic assessments of combat support agencies by the JCS Chairman to also be submitted to the defense and appropriations committees (under current law, only to the Secretary).
(Sec. 1072) Requires the inclusion, in an annual report from the Secretary describing interagency coordination relating to humanitarian demining technology, of interagency efforts to coordinate RDT&E for such technology as well as mechanical clearance methods.
(Sec. 1073) Amends the NDAA for Fiscal Year 2012 to: (1) extend through 2014 the deadline for a CG report on the assignment of civilian DOD employees as advisors to foreign ministries of defense, and (2) repeal a required CG assessment of DOD efficiencies.
(Sec. 1075) Outlines additional requirements of the National Defense Panel in conducting the assessment of the 2013 quadrennial defense review, including assessing the establishment of a standing, independent strategic review panel. Directs the Secretary, in providing information or updates to the Panel, to also provide information related to the Strategic Choices and Management Review.
(Sec. 1076) Requires: (1) the Secretary to review and report on U.S. Special Operations Forces organization, capabilities, and structure; and (2) the CG to submit to such committees a review of such report.
(Sec. 1077) Directs the Secretary of Transportation (DOT), the Administrator of the Federal Aviation Administration (FAA), and the Administrator of the National Aeronautics and Space Administration (NASA) to jointly report to Congress with respect to the testing and assessment of, and improvements to, unmanned aircraft systems. Requires a separate report from the DOD Secretary on resource requirements necessary to meet the milestones for such systems' integration as described in the five-year roadmap under the FAA Modernization and Reform Act.
(Sec. 1078) Directs that unclassified reports required of any element of DOD be made available on a publicly accessible DOD website.
(Sec. 1079) Directs the Secretary, at the same time as the annual DOD budget submission, to submit to the defense and appropriations committees summaries of defense planning guidance and contingency plan information. Sets a funding limit with respect to O&M for the Office of the Secretary until each such report is submitted.
(Sec. 1080) Directs: (1) the Secretary to report to Congress on U.S. citizens subject to military detention, (2) the Secretary of the Air Force to report to the defense committees on implementation of the recommendations of the Palomares Nuclear Weapons Accident Revised Dose Evaluation Report, and (3) the President to submit to Congress an estimate of previous costs of Operation New Dawn and the long-term costs of Operation Enduring Freedom under a specified force level and time period scenario.
Subtitle I: Other Matters - (Sec. 1081) Makes technical and clerical amendments to federal armed forces provisions and prior national defense authorization Acts.
(Sec. 1082) Allows only aircraft owned by the United States or operated by or under the supervision of U.S. air carriers and registered in the Civil Reserve Air Fleet (CRAF) to be used for the transportation of supplies on behalf of any component of DOD. Prohibits charges made for the transportation of those supplies by such aircraft from being higher than charges made for transporting like goods for private persons. Makes an exception to the aircraft-type limit in the case of outsize or oversize cargoes if no air carrier registered with CRAF nor any U.S.-owned aircraft is capable and available for transporting such cargo. Requires an annual report from the Secretary on outsize and oversize cargo flights.
Requires other federal departments and agencies, in entering into such transportation contracts or subcontracts, to ensure that at least 50% of the gross tonnage of the equipment or materials which may be transported on their behalf is transported on privately-owned aircraft that are owned, operated, or otherwise supervised by air carriers holding a U.S. certificate of documentation and registered in the CRAF, to the extent that such aircraft are appropriate and available at fair and reasonable rates. Provides an exception with respect to equipment or materials transported for the U.S. military services or to respond to a humanitarian disaster. Authorizes the President, the DOT Secretary, or the Secretary of State to waive the federal transportation requirement in the national interest or to respond to an emergency. Requires waiver notification to specified congressional committees. Provides for the expiration, but possible continued renewal, of such waiver.
(Sec. 1082A) Authorizes the Secretary to transport to any country, on a space-available basis and without charge, supplies that have been furnished by a nonprofit organization and that are intended for distribution to members of the Armed Forces. Prohibits such transportation unless the Secretary determines that: (1) such transportation is consistent with U.S. policies, (2) the supplies are suitable for distribution and in usable condition, (3) there is a legitimate need for the supplies, and (4) adequate arrangements have been made for their distribution. Makes the nonprofit organization responsible for ensuring the suitability for transport of such supplies. Allows the supplies to be distributed by the U.S. government or a nonprofit organization.
(Sec. 1083) Allows a DOD senior official responsible for a major automated information system program, whenever a critical change to such system occurs, to submit to the defense and appropriations committees either: (1) a report on such change (current law), or (2) a streamlined notification when such official determines that the critical change occurred primarily because of congressional action. Requires total acquisition costs (under current law, development costs) to be included in such systems' cost, schedule, and performance information.
(Sec. 1084) Extends through 2014 DOT authority to issue aviation insurance and reinsurance.
(Sec. 1085) Revises the compensation of members of the National Commission on the Structure of the Air Force.
(Sec. 1086) Directs the Secretary to certify that defense critical assets designated as tier one task critical assets and which receive power supply from commercial or other non-military sources are protected from the adverse effects of man-made or naturally occurring electromagnetic pulse and high-powered microwave weapons. Requires the Secretary to submit a plan for such assets to receive electricity in a way that protects them from such adverse effects.
(Sec. 1087) Directs the Secretary to develop and implement a strategy for military information operations capabilities for future contingencies.
(Sec. 1088) Requires the Secretary, in implementing the 2013 sequester, to ensure that all military departments remain fully compliant with minimum safe staffing standards as outlined in the Department of Defense Fire and Emergency Services Program.
(Sec. 1089) Directs the Secretary, in the case of a trip taken by a Member of Congress in carrying out official duties and for which DOD provides the transportation, to: (1) determine the cost, (2) provide to the Member and the appropriate defense committee a written statement of the cost, and (3) make such statement available on the Secretary's official public website until four years after the final day of the trip involved. Provides exceptions with respect to trips: (1) to visit one or more U.S. military installations or to visit U.S. military personnel in a war zone, and (2) when the use of DOD transportation is necessary to protect the safety and security of such individuals.
(Sec. 1090) Authorizes the Secretary to coordinate with the DHS Secretary to identify and provide for the transfer or long-term loan to DHS of equipment that the Secretary determines to be excess and that the DHS Secretary determines to be appropriate for increasing situational awareness and achieving operational control of U.S. international borders.
(Sec. 1091) Authorizes the Secretary to transfer to the DHS Secretary ownership and management responsibilities for the existing Tethered Aerostat Radar System program and contracts.
(Sec. 1092) Includes border security within authorized activities for which the Secretary may transfer DOD personal property to federal and state agencies.
(Sec. 1093) Authorizes the Secretary to enter into a memorandum of understanding with a non-DOD entity to allow such entity to access non-regulatory special use airspace if such access: (1) is used by the entity as part of a test range program, and (2) does not interfere with DOD activities or otherwise interrupt or delay DOD missions or training.
(Sec. 1094) Eliminates specific dates on which the POW/MIA flag must be displayed and provides that such flag shall be displayed on all days on which the U.S. flag is displayed.
(Sec. 1095) Expresses the sense of Congress that: (1) the use of improvised explosive devices (IEDs) against members of the Armed Forces or people of the United States should be condemned; (2) supports members, first responders, and explosive ordnance disposal personnel who face the threat of IEDs and put their lives on the line to defeat them; (3) all relevant federal agencies should be called upon to coordinate with international partners and other responsible entities to reduce the use of IEDs and curb their proliferation; and (4) the exchange of blast trauma research data should be facilitated between all relevant federal agencies.
(Sec. 1096) Expresses the sense of Congress that: (1) the Secretary should make every effort to ensure that the Reserve and National Guard are sustained by a fully manned and funded force and that the United States fulfills its long-standing commitment to unyielding readiness in terms of defense; (2) the Secretary should act with the knowledge that such Reserve and Guard are critical military components, particularly as a means of preserving combat power during a time of budget austerity; and (3) Congress repudiates proposals to diminish the Reserve or Guard and affirms their growth as circumstances warrant.
(Sec. 1097) Directs the Secretary to provide employees of any congressional support office who work on issues related to national security with access to facilities of DOD in the same manner as employees of the defense committees.
(Sec. 1098) Directs the Secretary to post on the DOD public website the costs to each American taxpayer of each of the wars in Afghanistan and Iraq.
(Sec. 1099) Expresses the sense of Congress that the head of each DOD element should take into consideration foreign languages and cultures during the development of training, tools, and methodologies to engage in military-to-military activities and the building of partner capacity.
(Sec. 1099A) Expresses the sense of Congress that active-duty military personnel stationed or residing in the District of Columbia should be permitted to fully exercise their rights under the Second Amendment to the Constitution and be exempt from the District's restrictions on the possession of firearms.
Title XI: Civilian Personnel Matters - (Sec. 1101) Amends the Hunter Act to extend through 2014 DOD authority to waive the annual limit on premium pay as well as the aggregate pay limit for certain federal employees working abroad.
(Sec. 1102) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2015 the authority of federal departments and agencies to grant certain allowances, benefits, and gratuities to civilian employees on official duty in a combat zone.
(Sec. 1103) Extends through: (1) FY2015 a voluntary reduction-in-force authority with respect to DOD civilian employees, and (2) FY2018 the authority to make lump-sum severance payments to certain DOD civilian employees.
(Sec. 1105) Removes specific items for which the Secretary may provide financial assistance to students under the Science, Mathematics, and Research for Transformation program (thereby allowing the Secretary more flexibility in providing such assistance).
(Sec. 1106) Amends the NDAA for Fiscal Year 2010 to extend through FY2023 a program for the temporary exchange of information technology personnel between DOD and the private industry.
(Sec. 1107) States that it is the policy of the United States to assure the scientific and technological preeminence of its defense laboratories. Establishes within DOD the Defense Science Initiative for Personnel. Includes under such Initiative DOD laboratories designated as science and technology reinvention laboratories (STRLs), and authorizes the director of an STRL to appoint qualified candidates directly to scientific, technical, engineering, mathematical, or medical positions within such STRL. Excludes any such appointees from DOD workforce personnel limits. Establishes within each STRL senior scientific technical manager positions, whose primary functions shall be to: (1) engage in research and development in the physical, biological, medical, engineering sciences or another field closely related to the mission of that STRL; and (2) carry out technical supervisory responsibilities. Provides for the selection and compensation of specially-qualified scientific and professional personnel within such STRLs.
(Sec. 1108) Directs the Secretary to prescribe regulations implementing the authority of a provision of the NDAA for Fiscal Year 2010 regarding the availability of funding for the compensation of DOD civilian personnel.
(Sec. 1109) Extends through 2020 DOD enhanced authority for the recruitment, appointment, and retention of health care personnel for the care and treatment of wounded or injured members. Repeals an obsolete strategy requirement.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the NDAA for Fiscal Year 2006 concerning a DOD program to build the capacity of certain friendly foreign military forces to include under such program: (1) supporting the theater security priorities of a geographic combatant commander, and (2) building the capacity of a foreign country's security forces to conduct counterterrorism operations. Increases the annual funding limit for such program. Requires the Secretary to include within the annual DOD budget materials submitted for FY2016 and thereafter a description of the proposed planning and execution of at least 50% of the funds in connection with such program. Terminates the program at the end of FY2016.
Amends the NDAA for Fiscal Year 2013 to repeal DOD authority to build the capacity of certain counterterrorism forces in Yemen and East Africa.
(Sec. 1202) Amends the Hunter Act to extend through FY2016 DOD authority for a non-conventional assisted personnel recovery program for certain employees supporting U.S. national interests abroad.
(Sec. 1203) Amends the NDAA for Fiscal Year 2012 to revise congressional notification requirements of the Secretaries of Defense and State with respect to assistance provided from the Global Security Contingency Fund. Requires such Secretaries to submit to Congress the guidance and processes used for the exercise of such authority and to submit additional reports following any modifications to such guidance and processes.
(Sec. 1204) Codifies under federal law the National Guard State Partnership Program (international partnerships to support the building of mutual defense and security capacity). Provides additional Program purposes, as well as funding limitations. Repeals superseded Program authority under the NDAA for Fiscal Year 2010.
(Sec. 1205) Authorizes the Secretary, with the concurrence of the Secretary of State, to provide assistance to the military and civilian response organizations of Jordan, Kuwait, Bahrain, the United Arab Emirates, Iraq, Turkey, and other countries in the region of Syria in order for such countries to respond to incidents involving weapons of mass destruction in Syria and that region. Authorizes the Secretary to use up to $4 million per fiscal year from DOD O&M funds for such purpose. Requires detailed annual reports from the Secretary on assistance provided. Terminates such authority at the end of FY2015.
(Sec. 1206) Amends the NDAA for Fiscal Year 2012 to extend through FY2014 DOD authority to support foreign forces participating in operations to disarm the Lord's Resistance Army.
(Sec. 1207) Earmarks specified funds to conduct monitoring and evaluation of DOD overseas humanitarian, disaster, and civic aid programs. Requires a briefing by the Secretary to the defense, appropriations, and foreign relations committees on mechanisms used to evaluate such programs.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 DOD authority to reimburse certain coalition countries for support provided for U.S. military operations. Provides a reduced funding limit for that fiscal year. Provides a limitation on such reimbursement for Pakistan until the Secretary certifies that such country is not limiting or otherwise restricting the movement of U.S. equipment and supplies along the ground lines of communication through Pakistan to Afghanistan and that Pakistan is taking certain other actions in support of U.S. counterterrorism and related activities in the region. Allows the Secretary to waive such certification requirement for national security purposes.
(Sec. 1212) Amends the Skelton Act to lower the annual funding limit, while extending through FY2014 the authority, for using DOD funds for former insurgent reintegration activities in Afghanistan.
(Sec. 1213) Amends the NDAA for Fiscal Year 2012 to extend through FY2014 the Commander's Emergency Response Program (urgent humanitarian and reconstruction relief) in Afghanistan. Reduces the FY2014 funding for such Program.
(Sec. 1214) Amends such Act to extend through FY2014 DOD authority to use funds provided for the Office of Security Cooperation in Iraq to conduct training of Iraqi Ministry of Defense personnel. Provides an FY2014 funding limit.
(Sec. 1215) Amends the Skelton Act to extend through FY2014, with a funding limit, a DOD program to develop and carry out infrastructure projects in Afghanistan. Requires an assessment of the capability of the Afghan National Security Forces to provide security for projects funded under such program after January 1, 2015.
(Sec. 1216) Amends the Afghan Allies Protection Act of 2009 to require an Afghan alien seeking special immigrant status to apply for approval from the appropriate chief of mission or designee by the end of FY2015. Limits to 435 the total number of such aliens who may be provided such status.
Amends the Refugee Crisis in Iraq Act of 2007 to authorize the Secretaries of Homeland Security or State to provide special immigrant status to an Iraqi alien who so applies on or before the date of enactment of this Act.
(Sec. 1217) Requires the Secretary to withhold from obligation for assistance to Afghanistan for FY2014 100% of the total taxes assessed by the government of Afghanistan during FY2013, to the extent that such taxes have not been reimbursed by Afghanistan. Allows a waiver of such requirement when considered necessary to achieve U.S. goals in Afghanistan. Requires a report from the Secretary to the defense committees on the total taxes assessed by Afghanistan during FY2013.
(Sec. 1218) Amends the Refugee Crisis in Iraq Act of 2007 to direct the Secretary of State or Homeland Security to improve the efficiency by which Iraqi special immigrant visa applications are processed so that all steps for the issuance of such visas are completed within nine months after the application is submitted. Provides a review process for applicants denied Chief of Mission approval. Allows the carry-forward through FY2014 of any unused balance of authorized visas from FY2008-FY2013. Requires: (1) a one-time report from such Secretaries to the judiciary and foreign relations committees on visa efficiency improvements implemented, and (2) quarterly reports on a Department of State website describing such improvements.
(Sec. 1219) Amends the Afghan Allies Protection Act of 2009 to provide a similar review process for Afghan special immigrant visa applicants denied Chief of Mission approval. Directs the Secretaries of State and Homeland Security to carry out the same application processing improvements with respect to such visas by the same deadline. Requires the same one-time and quarterly reports with respect to the implementation of efficiency improvements to the Afghan special immigrant visa process.
(Sec. 1220) Expresses the sense of the House of Representatives that the Iraq and Afghanistan special immigrant visa programs should be reformed by: (1) ensuring that applications are processed in a timely and transparent fashion; (2) providing parity so that Afghan principal applicants, like Iraqi principal applicants, are able to include their spouses, children, siblings, and parents; and (3) expanding eligibility to Afghan or Iraqi men and women employed by or on behalf of a media or nongovernmental organization headquartered in the United States or an organization or entity closely associated with the U.S. mission in Iraq or Afghanistan that has received U.S. government funding. Calls for such programs to be extended through 2018, without authorizing any additional special immigrant visas as authorized in the original statute.
Subtitle C: Matters Relating to Afghanistan Post 2014 - (Sec. 1221) Amends the NDAA for Fiscal Year 2008 to include in a required report on progress toward security and stabilization in Afghanistan: (1) a detailed description relating to the redeployment of U.S. Armed Forces from Afghanistan, and (2) a detailed assessment of the capability of the Afghan National Security Forces to provide operations and maintenance functions for their infrastructure projects after January 1, 2015.
(Sec. 1222) Expresses the sense of Congress that should the President determine it necessary to maintain U.S. troops in Afghanistan to carry out missions after December 31, 2014, such presence and missions should be authorized by a separate vote of Congress no later than June 1, 2014.
(Sec. 1223) Directs the Secretary to submit a plan regarding DOD intelligence assets and personnel supporting military operations in Afghanistan in relation to the drawdown of U.S. Armed Forces there.
(Sec. 1224) Prohibits the use of certain funds authorized under prior defense authorization Acts for infrastructure projects or reintegration activities in Afghanistan until 15 days after the Secretary makes a specified certification to Congress with respect to the bilateral security agreement with Afghanistan. Limits the availability of specified funds for the Commander's Emergency Response Program in Afghanistan and for the Afghanistan Security Forces Fund until 15 days after such certification.
(Sec. 1225) Prohibits the use of funds to establish any military installation or base for the purpose of providing for the permanent stationing of U.S. Armed Forces in Afghanistan.
Subtitle D: Matters Relating to Iran - (Sec. 1231) Directs the Secretary to report on the U.S. military partnership with Gulf Cooperation Council countries.
(Sec. 1232) Amends the NDAA for Fiscal Year 2010 to require additional information in a report concerning the military power of Iran.
(Sec. 1233) Expresses the sense of Congress that: (1) maintaining only one aircraft carrier battle group in the Arabian Gulf constrains U.S. ability to conduct military operations to prevent Iran from threatening the United States, its allies, or Iran's neighbors; (2) it is in the U.S. interest to maintain both land- and sea-based capabilities in the region; (3) U.S. military commanders have expressed concerns about operational constraints in the region; (4) the United States should construct and sustain a fleet of at least 11 aircraft carriers and associated battle force ships in order to meet current and future requirements in the Arabian Gulf; and (5) the United States, at the earliest possible date, should finalize bilateral agreements with key Gulf Cooperation Council countries that support the Defense of the Arabian Gulf requirements.
(Sec. 1234) Amends the Foreign Assistance Act of 1961 to authorize the President to enter into cooperative arrangements for the participation of foreign and U.S. military and civilian defense personnel in integrated air and missile defense programs.
(Sec. 1235) Condemns the government of Iran for its state-sponsored persecution of its Baha'i religious minority and its continued violation of the International Covenants on Human Rights. Calls on the government of Iran to release imprisoned Baha'i leaders, educators, and all other prisoners held solely on account of their religion. Calls on the President and Secretary of State, in cooperation with responsible nations, to condemn Iran's continued violation of human rights and demand the release of prisoners held on account of their religion.
Subtitle E: Reports and Other Matters - (Sec. 1241) Expresses the sense of Congress that: (1) the terrorist attack in Benghazi, Libya, on September 11, 2012, may have never occurred or could have been prevented had there been an international stabilizing force following NATO-led operations; (2) the U.S. military is more able to respond to terrorist attacks on U.S. facilities abroad if the responding military assets are forward deployed; and (3) the U.S. military should regularly reevaluate the posture and alert status requirements of its crisis response elements in order to be more responsive to the evolving and global nature of the terrorist threat. Directs the Secretary to report on the posture and readiness of U.S. Armed Forces to respond to future terrorist attacks in Africa and the Middle East.
(Sec. 1242) Expresses the sense of Congress that: (1) the United States should continue to closely monitor Egyptian President Morsi's support for the peace treaty with Israel; (2) the U.S. military relationship with the Egyptian military is long-standing and should remain a key pillar to, and component of, U.S. engagement with Egypt; (3) the Egyptian military has exercised restraint and professionalism during the unrest in Egypt over the last two years and hopefully will remain a key mechanism through which the United States can support the people of Egypt in achieving a representative and democratic political system; and (4) U.S. military assistance and support to the Egyptian military should continue, even as civilian aid to Egypt receives greater scrutiny as a result of the uncertainty associated with Egypt's current political leadership and economic policies. Directs: (1) the Secretary to submit a plan for U.S. military assistance and cooperation with Egypt, and (2) the CG to submit a follow-up report.
(Sec. 1243) Expresses the sense of Congress that: (1) the United States and its allies, South Korea and Japan, share the goal of a stable and peaceful Korean Peninsula free from nuclear weapons; (2) Congress supports the verifiable denuclearization of the Korean Peninsula in a peaceful manner, North Korea's abandonment of its nuclear programs, and North Korea's full acceptance of and compliance with the terms of the 1953 Armistice Agreement; (3) the United States encourages China and Russia to fully implement and enforce U.S. and United Nations (UN) Security Council sanctions against North Korea; and (4) the President, the Secretary of State, and the Secretary of Defense should keep Congress fully informed on security developments on the Korean Peninsula.
(Sec. 1244) Declares that: (1) the United States remains committed to assisting the people of Georgia in establishing a free and democratic society; (2) measures taken by the Georgian government against former officials and political opponents may have a significant negative impact on cooperation between the United States and Georgia; (3) the United States must be unambiguous in its actions with Georgia; and (4) the people of the United States and Members of Congress express their deepest condolences to the Georgian people on the loss of seven soldiers in Georgia in a suicide bombing on June 6, 2013, and on the deaths of three soldiers killed in another suicide bombing on May 13, 2013, while they were supporting U.S. and NATO forces in Afghanistan.
(Sec. 1245) Prohibits FY2014 DOD funds from being obligated or expended to plan, prepare, establish, or implement any regional special operations forces coordination center or similar entity. Provides an exception for any center authorized by statute. Requires a report from the Secretary on the concept, intent, and purpose of, and validated requirements justifying the establishment of, such a center.
(Sec. 1246) Amends the NDAA for Fiscal Year 2012 to require, when appropriate, updates on reports concerning military and security developments involving North Korea.
(Sec. 1247) Amends the Arms Control and Disarmament Act to: (1) add specified committees as recipients of an annual report concerning adherence to arms control agreements and commitments; and (2) require an annual briefing of such committees concerning such report.
(Sec. 1248) Prohibits FY2014-FY2018 DOD funds from being used to provide the Russian Federation with access to information on: (1) U.S. missile defense hit-to-kill technology, or (2) telemetry data relating to missile defense interceptors or target vehicles.
(Sec. 1249) Directs the President to: (1) encourage the Russian Federation to disclose any support provided for the ballistic missile programs of China, Syria, Iran, or North Korea; and (2) submit an initial and semiannual reports on any support provided.
Directs the Secretary of State to: (1) develop a plan to seek and secure the cooperation of Russia and China to reduce the spread of nuclear technology and expertise in support of the ballistic missile programs of Syria, Iran, North Korea, or any other country determined to have such a program; and (2) report annually until 2018 to the intelligence and foreign relations committees, and provide briefings, concerning such plan and its results.
(Sec. 1250) Directs the Secretary, with respect to any status of forces agreements between the United States and a foreign country, to notify and brief the defense, appropriations, and foreign relations committees.
(Sec. 1251) Expresses the sense of Congress that: (1) President Obama should have a comprehensive policy and ensure robust contingency planning to secure U.S. interests in Syria and should consider all courses of action to remove Syrian President Bashar al-Assad from power; (2) the conflict in Syria threatens the vital national security interests of Israel and the stability of Jordan, Lebanon, and Turkey, the implications of which should be weighed by the President when considering Syrian policy approaches; (3) the sale or transfer of advanced anti-aircraft weapon systems to Syria poses a grave risk to Israel and the United States supports Israel's right to respond to such threat; (4) the United States should support the stability of countries on Syria's border, including Jordan, Turkey, Iraq, Lebanon, and Israel; (5) the United States should continue to support Syrian opposition forces with non-lethal aid; (6) the President should fully consider, and DOD should plan for, the provision of lethal aid and relevant operational training to vetted Syrian opposition forces; and (7) the President should use all diplomatic means to disrupt the flow of arms into Syria.
(Sec. 1252) Corrects certain statutory references to former NATO support organizations and related NATO agreements under federal armed forces provisions and the Arms Export Control Act.
(Sec. 1253) Reaffirms that no action should be taken that reduces or limits U.S. Armed Forces or armaments in a militarily significant manner except pursuant to treaty-making power or unless specifically authorized by Congress. Prohibits funds for DOD for FY2014 or thereafter from being used to implement: (1) any executive agreement relating to U.S. missile defense capabilities, or (2) rules of engagement or guidance for employment of forces relating to such an executive agreement. Provides an exception with respect to a country with which the United States has entered into a treaty of alliance or security guarantee.
(Sec. 1254) Prohibits FY2014 funds for threat reduction engagement activities from being obligated or expended until the President certifies to Congress that no party to the Comprehensive Nuclear-Test-Ban Treaty has undertaken nuclear test activities in FY2013. Prohibits certain DOD funds from being used for lobbying or advocacy activities in the United States relating to such Treaty.
(Sec. 1255) Expresses the sense of Congress that DOD should fully consider and assess the Burmese military's efforts to implement ethnic reforms, end impunity for human rights abuses, and increase transparency and accountability before expanding military-to-military cooperation beyond initial dialogue and isolated engagements.
(Sec. 1256) Expresses the sense of Congress that: (1) forward-stationed U.S. troops and units in the U.S. European Command remain essential for U.S. planning, logistics, and operations; (2) DOD should implement certain recommendations to enable informed decisions prior to changes in U.S. force posture in Europe that could increase risk for the United States; and (3) the Secretary should keep Congress fully informed regarding the requirements of such force posture and the costs associated with maintaining such force.
(Sec. 1257) Urges the government of China to work peacefully to resolve existing territorial disputes in the Asia-Pacific region and to adopt a maritime code of conduct for activities there.
(Sec. 1258) States that nothing in this Act shall be construed as authorizing the use of force against Syria.
(Sec. 1259) Expresses the sense of Congress that the United States should: (1) allow all high-level officials of Taiwan to enter the United States or its embassies and consulates under conditions which demonstrate appropriate respect for the dignity of such leaders; (2) allow meetings between high-level Taiwanese and U.S. executive department officials; (3) allow the Taipei Economic and Cultural Representative Office and all other Taiwanese instrumentalities to conduct official business activities, including activities which involve participation by Members of Congress and other representatives of the federal, state, and local governments and all high-level Taiwanese officials, without U.S. government or foreign obstruction; and (4) adopt a policy of allowing high-ranking Taiwanese leaders to make official visits with high-ranking U.S. officials.
(Sec. 1260) Expresses the sense of Congress that: (1) the United States should continue to use all necessary means to fight against terrorism, including Hezbollah, (2) the President should strongly encourage his European counterparts to publicly condemn Hezbollah, (3) such allies should officially recognize Hezbollah as a terrorist organization, (4) any attempt to distinguish between military and civilian wings in Hezbollah is meaningless, and (5) all countries should work together to fight against radical terrorist organizations like Hezbollah.
(Sec. 1261) Authorizes the Secretary to deploy assets, personnel, and resources to the Joint Interagency Task Force South to combat various activities, including drug and human trafficking and narco-terrorism, by supplying sufficient intelligence capabilities.
(Sec. 1262) Prohibits the use of any DOD funds for FY2014 or thereafter to implement the Arms Trade Treaty unless it has been signed by the President, has received the advice and consent of the Senate, and has been the subject of implementing legislation by Congress.
(Sec. 1263) States that nothing in this Act shall be construed to authorize any use of military force.
(Sec. 1264) Prohibits DOD from using a drone to kill a U.S. citizen. Provides an exception in the case of an individual actively engaged in combat against the United States.
(Sec. 1265) Directs the President to carry out the sale of no fewer than 66 F-16C/D multi-role fighter aircraft to Taiwan.
(Sec. 1266) States that it is the policy of the United States to take all necessary steps to ensure that Israel possesses and maintains an independent capability to remove existential threats to its security and defend its vital national interests. Expresses the sense of Congress that air refueling tankers and advanced bunker-buster munitions should be immediately transferred to Israel for such purposes. Requires a report from the President to the defense, foreign relations, and appropriations committees on the identification, availability, and transfer to Israel of such aerial refueling platforms, munitions, and related capabilities.
(Sec. 1267) Directs the Secretary to report to the defense and foreign relations committees on: (1) the implications of new energy resource development and distribution networks in the areas surrounding the Caspian Sea for energy security strategies of the United States and NATO, and (2) the current and future military power of the Russian Federation.
(Sec. 1269) Prohibits DOD funds from being used to provide tear gas or other riot control items to the government of a country undergoing a transition to democracy in the Middle East or North Africa unless the Secretary certifies to the defense committees that the security forces of such government are not using excessive force to repress peaceful, lawful, and organized dissent.
(Sec. 1270) Requires the Secretary to report to Congress on measures to monitor and ensure that U.S. financial assistance to the Afghan National Security Forces to purchase fuel is not used to purchase fuel from Iran in violation of U.S. sanctions.
(Sec. 1271) Declares that Congress fully supports Israel's lawful exercise of self-defense, including actions to halt aggression.
(Sec. 1272) States that Congress:
States that nothing in this section shall be construed as an authorization for the use of force or a declaration of war.
(Sec. 1273) Expresses the sense of Congress that: (1) the paramount U.S. security concern is the ongoing and illegal nuclear weapons programs of Iran and North Korea; (2) it should be the primary objective of the President to ensure that North Korea's nuclear program is completely and verifiably eliminated and that Iran and its terrorist proxies are not permitted to develop nuclear weapons capability and the means to deliver them; (3) the continuing failure to compel Iran and North Korea to comply with their respective obligations under international law risks greater nuclear proliferation throughout already unstable regions; (4) nuclear arms reductions by the United States and the Russian Federation have not persuaded or incentivized Iran and North Korea to halt or reverse their nuclear weapons programs, and (5) the President should use all international forums available to pursue the complete and verifiable elimination of the nuclear weapons programs of Iran and North Korea.
(Sec. 1274) Prohibits DOD funds from being used to purchase any equipment from Rosoboronexport until the Secretary certifies to the defense and appropriations committees that: (1) such company is cooperating fully with the Defense Contract Audit Agency, (2) such company has not delivered S-300 advanced anti-aircraft missiles to Syria, and (3) no new contracts have been signed between such company and the Bashar al Assad regime in Syria since January 1, 2013. Allows the Secretary to waive such prohibition upon certification that it is in the national security interest to do so and requires a waiver report to such committees.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits FY2014 CTR funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Amends the NDAA for Fiscal Year 2010 to extend through 2018 DOD authority to accept certain contributions for CTR activities.
(Sec. 1304) Directs the Secretary to establish a strategy to reduce the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region. Requires such strategy to include: (1) an assessment of gaps in current cooperative nonproliferation efforts, (2) an articulation of agencies' threat reduction priorities in such region, (3) establishment of appropriate metrics for determining success in the region, and (4) steps to ensure that the strategy fits with broader U.S. efforts to reduce the threat from weapons of mass destruction.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2014 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, and (6) the Defense Health Program.
Subtitle B: National Defense Stockpile - (Sec. 1411) Directs the President to provide for the recovery of any strategic and critical materials from excess materials made available by federal agencies. Allows funds from the National Defense Stockpile Transaction Fund to be used for encouraging the conservation of such materials.
(Sec. 1412) Authorizes the National Defense Stockpile Manager to acquire specified materials determined to be strategic and critical to meet the defense, industrial, and essential civilian needs of the United States. Allows the Manager to use up to $41 million for such purpose and to make such purchases during FY2014-FY2019.
Subtitle C: Other Matters - (Sec. 1421) Earmarks specified funds for transfer from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
(Sec. 1422) Authorizes appropriations for FY2014 for the Armed Forces Retirement Home and for Army cemeterial expenses.
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1501) Authorizes appropriations for DOD for FY2014 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) drug interdiction and counter-drug activities, (7) the Defense Inspector General, and (8) the Defense Health Program.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $3 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Limitations and Other Matters - (Sec. 1531) Requires funds authorized for the Afghanistan Security Forces Fund to be subject to Fund use and other conditions outlined under the NDAA for Fiscal Year 2008. Directs the Secretary to revise a Fund use plan originally established under the NDAA for Fiscal Year 2013 to ensure that an office or official of DOD is made responsible for each program or activity utilizing such funds. Requires the Secretary to submit the revised plan to the defense and appropriations committees within 90 days after the enactment of this Act. Earmarks specified Fund amounts for FY2014 for the recruitment and retention of women in the Afghanistan National Security Forces.
(Sec. 1532) Directs the Secretary to report on the future DOD plans for the Joint Improvised Explosive Device Defeat Organization.
(Sec. 1533) Prohibits the obligation or expenditure of funds for intelligence, surveillance, and reconnaissance support for Operation Observant Compass until the Secretary reports to the defense and appropriations committees on such Operation, including specific goals to counter the Lord Resistance Army.
(Sec. 1534) Directs the Secretary to report on U.S. force levels and costs of military operations in Afghanistan for each of 2015 through 2020.
(Sec. 1535) Limits FY2014 funding for the Afghanistan Security Forces Fund until the Secretary submits to the defense committees a report concerning the aircraft, vehicles, and equipment to be purchased with such funds.
Title XVI: Industrial Base Matters - (Sec. 1601) Requires the DOD Inspector General to: (1) conduct periodic (at least every three years) audits of Buy American procurement contracting practices and policies, and (2) ensure that audit findings and related information are included in a required semiannual report to Congress.
(Sec. 1602) Directs the Under Secretary to publish in the Federal Register and on the website of DOD's Office of Small Business Programs a list of capabilities and characteristics recommended for the transition of a small business to become competitive as an other-than-small-business for contracts awarded by DOD. Requires such list to be reviewed and updated on an annual basis. Requires any contract awarded to a small business that would exceed the applicable small business size standard to include a clause that would encourage the small business to develop the capabilities and characteristics recommended in order to remain competitive for such contracts. Authorizes the DOD procurement technical assistance cooperative agreement program to provide assistance to such small businesses without the application of certain funding and cost-sharing limitations. Requires the Secretary to report in each of 2015 through 2017 on the implementation of this section.
(Sec. 1603) Increases the maximum federal share and per-entity assistance limits under the procurement technical assistance cooperative agreement program.
(Sec. 1604) Prohibits the Administrator of the Defense Logistics Agency from reducing the requirements for war reserve stocks for meals ready-to-eat until such Administrator and the heads of the military departments develop a strategic plan to address such requirements for each of the military departments. Requires such Administrator to brief the defense and appropriations committees on the plan before making any reductions.
(Sec. 1605) Prohibits the Secretary from contracting for satellite services with a foreign entity if such entity: (1) is one in which the government of China, North Korea, or a country that is a state sponsor of terrorism has an ownership interest, or (2) plans or is expected to provide launch or other satellite services under the contract from such a country. Authorizes the Secretary to waive such prohibition for a particular contract if the Secretary submits to the defense and appropriations committees a national security assessment that includes specified information on the entity and foreign country involved.
(Sec. 1606) Directs the Secretary to establish and implement the Proof of Concept Commercialization Pilot Program to accelerate the commercialization of basic research innovations from nonprofit institutions or federal laboratories. Authorizes the provision of awards to such institutions or laboratories using a competitive, merit-based process. Limits awards to $500,000 per year per institution. Terminates the program at the end of FY2018.
(Sec. 1607) Amends the Small Business Act to require the head of each federal agency, at the conclusion of each fiscal year, to report to the Administrator of the Small Business Administration (SBA) on the extent of participation in the procurement contracts of such agency by small businesses, qualified HUBZones (historically underutilized business zones), and small businesses owned and controlled by veterans, socially and economically disadvantaged individuals, or women. Requires the SBA Administrator to submit annually to the President and Congress each such report and a determination of whether each federal agency achieved its goal for that fiscal year for small business participation in federal procurement contracts.
(Sec. 1608) Directs such Administrator to establish and carry out a program to provide increased access to federal contract opportunities for early stage small businesses (businesses with no more than 15 employees and average annual receipts of no more than $1 million). Requires the Administrator to identify appropriate federal procurement contracts for award under the program. Allows a contracting officer to award: (1) a sole source contract under the program if an entity is determined to be a responsible contractor and the officer does not reasonably expect that two or more early stage businesses will submit offers, and (2) contracts on the basis of competition restricted to early stage businesses if the officer reasonably expects that at least two early stage businesses will submit offers and that the award can be made at a fair market price. Requires: (1) all program contract awards to be counted toward goals for small business participation in federal procurement contracts, and (2) the Administrator to report to Congress on the program's performance. Repeals a similar program under the Small Business Administration Reauthorization and Amendments Act of 1994.
(Sec. 1609) Amends Small Business Act provisions relating to federal agency contracting and subcontracting goals with respect to small businesses to allow prime contractors under a subcontracting plan pertaining to a single contract to receive credit under such goals for using small businesses as first tier subcontractors or at any tier under such plan. Allows the prime contractor, if the subcontracting goals pertain to more than one contract with one or more federal agencies or to one contract with more than one federal agency, to count only first tier subcontractors that are small businesses.
(Sec. 1610) Directs the CG to submit to the small business committees a report studying the feasibility of using federal subcontracting reporting systems to attribute subcontractors to particular contracts in the case of contractors that have subcontracting plans that pertain to multiple contracts with federal agencies.
(Sec. 1611) Provides that certain requirements under the NDAA for Fiscal Year 2013 concerning contracting officer requirements for contracts for which the offeror intends to award subcontracts for more than 70% of the contract value shall not apply in the case of a defense procurement contract to which subcontracting limitations of the Small Business Act apply,.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2014 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII and XXIX of this Act on October 1, 2016, or the date of enactment of an Act authorizing funds for military construction for FY2017, whichever is later, with an exception.
Title XXI: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to carry out architectural engineering services and construction design activities with respect to the construction and improvement of military family housing. Authorizes appropriations to the Army for fiscal years after 2013 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects.
(Sec. 2109) Directs the Secretary of Agriculture to transfer to the Secretary of the Army, for Army force protection measures, certain federal land administered as part of the Chattahoochee National Forest, Georgia.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Modifies or extends certain prior-year Navy military construction projects.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2013 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments).
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2013 for military construction and land acquisition for chemical demilitarization.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2013 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2013 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Other Matters - (Sec. 2611) Modifies the authority of the Secretary of the Navy with respect to a joint reserve construction project at Camp Dodge, Iowa, under the Military Construction Authorization Act (MCAA) for Fiscal Year 2013.
(Sec. 2612) Extends certain National Guard and reserve construction projects under the MCAA for Fiscal Year 2011.
Title XXVII: Base Realignment and Closure Activities - Subtitle A: Authorization of Appropriations - (Sec. 2701) Authorizes appropriations for fiscal years after 2013 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account.
Subtitle B: Other Matters - (Sec. 2711) States that nothing in this Act shall be construed to authorize an additional base realignment and closure (BRAC) round and prohibits any funds authorized in this Act from being used for such purpose.
(Sec. 2712) Amends the Wounded Warrior Act to eliminate a quarterly certification requirement with respect to the capacity of the military health care system in the National Capital Region.
(Sec. 2713) Requires the Secretary, in the analysis of any base closure or realignment decision, to include an accounting of the value of services (such as schools, libraries, and utilities, as well as land, structures, and access to other infrastructure) that are provided by the local community to the military installation and that result in cost savings for the Armed Forces.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Increases: (1) the authorized threshold (before certain report requirements) for unspecified minor military construction projects, and (2) the maximum amount of O&M funds authorized for carrying out such a project. Authorizes the Secretary concerned to adjust the dollar amount of limitations applicable to such projects to reflect the area's construction cost index for military construction projects (as published by DOD). Increases the cost threshold and extends through FY2020 the authority for DOD laboratory revitalization projects.
(Sec. 2802) Repeals a provision that: (1) requires the Secretary concerned to ensure that room patterns and floor areas of military family housing are similar to such patterns and areas of private housing in that locality, and (2) allows the Secretary concerned to enter into limited partnerships with private developers for the construction of housing within commuting distance of a military installation.
(Sec. 2804) Requires the Secretary concerned, in developing construction standards, to take into consideration the probability of a terrorist attack in that area.
(Sec. 2805) Provides for the treatment of payments received for providing utilities and services in connection with the use of alternative authority for the acquisition and improvement of military housing.
(Sec. 2806) Removes required congressional notification in connection with the use of funds from certain DOD military housing funds for cash investments in entities carrying out projects for the acquisition or construction of military housing units.
(Sec. 2807) Directs the Secretary, in required annual military housing privatization projects, to include any variances associated with litigation costs.
(Sec. 2807A) Directs the Secretary to report to Congress on the Military Housing Privatization Initiative.
(Sec. 2808) Amends the MCAA for Fiscal Year 1994 to extend through FY2014 the temporary, limited authority to use O&M funds for construction projects outside the United States. Extends related report requirements.
(Sec. 2809) Requires additional information within DOD master plans for major military installations.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Codifies under federal law certain policies and requirements regarding the closure and realignment of U.S. military installations abroad. Repeals superseded provisions of the NDAA for Fiscal Year 1991.
(Sec. 2812) Requires a report from the Secretary to Congress on the utilization of real property across DOD.
(Sec. 2813) Prohibits the Secretary and the Secretary of the Army from acquiring any land to expand the Pin.AE6on canyon maneuver site near Fort Carson, Colorado, unless: (1) the land acquisition is specifically authorized by Congress, (2) funds are specifically appropriated for the acquisition, and (3) the appropriate Secretary completes an environmental impact statement with respect to such acquisition.
Subtitle C: Energy Security - (Sec. 2821) Amends the MCAA for Fiscal Year 2012 to continue during FY2014 the prohibition on the use of funds for achieving Leadership in Energy and Environmental Design gold or platinum certifications.
Subtitle D: Provisions Related to Asia-Pacific Military Realignment - (Sec. 2831) Amends the MCAA for Fiscal Year: (1) 2010 to change from the previous fiscal year to the previous calendar year the period covered in an annual report by military inspectors general concerning Guam realignment, and (2) 2013 to repeal certain restrictions on the realignment of Marine Corps forces in the Asia-Pacific region.
Subtitle E: Land Conveyances - (Sec. 2841) Authorizes the Secretary of the Navy to: (1) acquire certain real property at Naval Base Ventura County, California, for the leasing of military family housing; (2) convey to such County the former Oxnard Air Force Base, to be used for public purposes; and (3) convey to the Philadelphia Regional Port Authority a portion of real property at the Philadelphia Naval Shipyard.
(Sec. 2844) Directs the Secretary of the Interior to convey to the state of Utah all U.S. rights and interests to certain lands within Camp Williams, Utah, to be used for Utah National Guard training purposes.
(Sec. 2845) Authorizes the Secretary of the Air Force to convey to the state of Utah the Air National Guard radar site on Francis Peak, Utah, to be used to support emergency public safety communications for northern Utah.
(Sec. 2846) Expresses the sense of Congress regarding the need for the conveyance of certain portions of the former Fort Monroe in Hampton, Virginia. Authorizes the Secretary of the Army to convey to the commonwealth of Virginia certain real property at the Fort.
(Sec. 2847) Authorizes the Secretary of the Army to convey to Derry Township, Pennsylvania, all U.S. rights and interests to the Mifflin County Army Reserve Center in Lewistown, Pennsylvania, to be used for a regional police headquarters or other public purposes.
Subtitle F: Other Matters - (Sec. 2861) Amends the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 to repeal a required annual report from the Economic Adjustment Committee.
(Sec. 2862) Redesignates the: (1) Asia-Pacific Center for Security Studies as the "Daniel K. Inouye Asia-Pacific Center for Security Studies," and (2) Graduate School of Nursing at the Uniformed Services University of the Health Sciences as the "Daniel K. Inouye Graduate School of Nursing."
(Sec. 2864) Amends the Dayton Aviation Heritage Preservation Act of 1992 to redesignate the John W. Berry, Sr. Wright Brothers Aviation Center as the "John W. Berry, Sr. Wright Brothers National Museum."
(Sec. 2865) Designates the memorial to members who have been awarded the Distinguished Flying Cross, located at March Air Field Museum in Riverside, California, as the "Distinguished Flying Cross National Memorial."
(Sec. 2866) Authorizes the Secretary of the Navy to permit a third party to establish and maintain, at a suitable location at the former Navy Dive School at the Washington Navy Yard (District of Columbia), a memorial to honor members who have served as divers and whose service in defense of the United States has been carried out beneath the waters of the world. Prohibits the use of federal funds for designing, procuring, preparing, installing, or maintaining the memorial.
(Sec. 2867) Permits emblems of belief approved for placement on government-provided headstones and markers to be included as part of: (1) a military memorial established or acquired by the federal government; or (2) any other military memorial established in cooperation with the American Battle Monuments Commission. Includes as approved emblems, at a minimum, all those authorized by the National Cemetery Administration.
Title XXIX: Overseas Contingency Operations Military Construction - (Sec. 2901) Authorizes the Secretary of the Army to acquire real property and carry out a military construction project at Guantanamo Bay, Cuba. Authorizes the use of unobligated prior-year funds for such purpose. Requires congressional notification if it becomes necessary to exceed the estimated project cost. Requires a briefing from the Secretary to the defense and appropriations committees on infrastructure and certain costs in support of detention operations at Guantanamo, as well as a master plan for continued detention operations there. Requires a related plan from the President regarding individuals proposed to be transferred from there.
Title XXX: Military Land Transfers and Withdrawals to Support Readiness and Security - Subtitle A: Limestone Hills Training Area, Montana - (Sec. 3001) Withdraws from all forms of appropriation under public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, specified public lands and interests in Broadwater County, Montana, identified on the map titled the "Limestone Hills Training Area Land Withdrawal." Reserves the withdrawn lands for use for: (1) training for regular and reserve components of the Armed Forces; (2) construction and operation of support and maintenance facilities for such components; (3) training by the Montana Department of Military Affairs; (4) training by state and local law enforcement agencies, civil defense organizations, and public education institutions; and (5) other defense-related purposes. Sets forth special rules regarding: (1) mining the Indian Creek Mine and the removal of unexploded ordnance; and (2) grazing permits and leases, hunting, fishing, and trapping, water rights, fire prevention and suppression, and ongoing decontamination on the withdrawn lands. Terminates such withdrawal on March 31, 2039, but allows the Secretary of the Army to apply for a renewal within five years of such date. Provides for a notice of withdrawal relinquishment by such Secretary.
Subtitle B: White Sands Missile Range, New Mexico - (Sec. 3021) Directs the Secretary of the Interior to transfer certain Bureau of Land Management (BLM) land in Dona Ana County, New Mexico, to the Secretary of the Army for inclusion in the White Sands Missile Range for use for military purposes. Requires the Secretary of the Interior, if a grazing permit or lease exists for any part of such land to be transferred, to transfer the grazing rights associated with such permit or lease to other public land that is acceptable to the permit or lease holder so that the grazing rights continue having the same value to the holder. Withdraws such transferred land from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, so long as the land remains under the jurisdiction of the Secretary of the Army.
Subtitle C: Naval Air Weapons Station China Lake, California - (Sec. 3031) Directs the Secretary of the Interior to transfer to the Secretary of the Navy certain public land in Inyo, Kern, and San Bernardino Counties, California, that is currently administered by BLM. Requires the transferred land to be included as part of the Naval Air Weapons Station China Lake, California, and authorizes the use of such land for military purposes. Withdraws such transferred land from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, so long as the land remains under the jurisdiction of the Secretary of the Navy.
Subtitle D: Chocolate Mountain Aerial Gunnery Range, California - (Sec. 3041) Directs the Secretary of the Interior to transfer to the Secretary of the Navy certain public lands in Imperial and Riverside Counties, California, for inclusion within the Chocolate Mountain Aerial Gunnery Range. Requires the Secretary of the Navy, upon determining that there is no longer a military need for the transferred lands, to transfer such lands back to the Secretary of the Interior. Requires appropriate land decontamination preceding the re-transfer. Extends a land withdrawal and reservation period consistent with the original transfer.
Subtitle E: Marine Corps Air Ground Combat Center Twentynine Palms, California - (Sec. 3051) Designates approximately 188,000 acres of specified public lands and interests administered by BLM in San Bernardino County, California, as the Johnson Valley Off-Highway Vehicle Recreation Area (Area) for purposes of public recreation (when the lands are not in use for military training as authorized by this section) and natural resources conservation. Authorizes the Secretary of the Navy to use parts of the Area twice each year for up to a total of 60 days for: (1) arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces; (2) individual and unit live-fire training ranges; (3) equipment and tactics development; and (4) other defense-related purposes. Prohibits the use of dud-producing ordnance in any such military activity conducted in the Area. Directs the Secretary of the Interior to transfer approximately 20,000 acres of specified BLM-administered land in San Bernardino County to the Secretary of the Navy. Includes such transferred land as part of the Marine Corps Air Ground Combat Center Twentynine Palms in California. Requires the termination, by no later than March 31, 2039, of the use of the Area for military purposes.
Subtitle F: Naval Air Station Fallon, Nevada - (Sec. 3061) Directs the Secretary of the Interior to transfer to the Secretary of the Navy specified previously withdrawn federal lands adjacent to Naval Air Station Fallon, Nevada.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2014 for: (1) activities of NNSA in carrying out programs necessary for national security; and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, and energy security and assurance.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the National Nuclear Security Administration Act (NNSA Act) to require the NNSA Administrator, in carrying out the NNSA mission, to ensure that NNSA operations and activities are consistent with: (1) protecting the environment; (2) safeguarding the safety and health of the public and the NNSA workforce; and (3) ensuring the security of nuclear weapons, nuclear material, and classified information in the custody of NNSA.
(Sec. 3112) Amends the NNSA Act to authorize the Secretary of Energy (Secretary, for purposes of this title only) to terminate an employee of NNSA or any element of DOE that involves nuclear security if the Secretary: (1) determines that the employee acted in a manner that endangers the security of special nuclear material or classified information, (2) considers the termination to be in the best interests of the United States, and (3) determines that termination procedures prescribed in other laws cannot be invoked in a manner consistent with national security. Allows such an employee, within 30 days after termination notification, to submit to the Secretary statements or affidavits to show why the employee should be restored to duty. Makes the Secretary's decision, after reviewing such filings, final and not subject to appeal or review outside DOE. Requires the Secretary to promptly notify the defense and appropriations committees of any such termination.
(Sec. 3113) Amends the Atomic Energy Defense Act to allow the Secretary of Defense to delegate the conduct of independent cost estimates with respect to DOE life extension programs and the construction of new nuclear facilities. Authorizes such Secretary to conduct an independent cost assessment of any NNSA initiative or program estimated to cost more than $500 million. Requires the Secretary to: (1) request an independent review of each guidance issued for the analysis of alternatives for each nuclear weapon system undergoing life extension and each new nuclear facility, as well as the results of such analysis; and (2) submit the results of such analysis to the Nuclear Weapons Council and the defense and appropriations committees. Terminates the independent review requirement three years after the enactment of this Act.
Expresses the sense of Congress urging the NNSA Administrator and the Nuclear Weapons Council to follow the results of such analysis when selecting a final option for a life extension program or defense nuclear facility construction project.
(Sec. 3114) Amends the NNSA Act to direct the Secretary to submit a comprehensive plan through 2025 for the retrieval, treatment, and disposition of nuclear waste contained in the tank farms of Hanford Nuclear Reservation, Richland, Washington. Outlines information required to be included in such plan, including all necessary requirements, assumptions, and criteria to design, construct, and operate Hanford's Waste Treatment and Immobilization Plant and any required infrastructure of facilities at the Tank Farms.
(Sec. 3115) Authorizes the Secretary, in carrying out certain procurements, to take specified actions with regard to reduction of DOE supply chain risks.
(Sec. 3116) Prohibits the obligation or expenditure of specified FY2014 NNSA funds until the Administrator submits: (1) a plan to realize the planned efficiencies (cost savings), and (2) written certification that such efficiencies will be achieved during FY2014. Requires additional explanation with respect to unrealized efficiencies. Provides an exception.
(Sec. 3117) Prohibits the obligation or expenditure of more than 75% of the funds authorized for the Office of the Administrator until the submission to Congress of specified reports required under prior law concerning nuclear weapons stockpile stewardship and oversight.
(Sec. 3118) Expresses the sense of Congress that NNSA should: (1) prioritize its primary mission of sustaining and modernizing the nuclear weapons stockpile, and (2) shift funding from secondary missions as needed to ensure that modernization programs stay on schedule and deliver the nuclear warheads needed to support U.S. military requirements. Prohibits the obligation or expenditure of more than 80% of funding for the Global Threat Reduction Initiative until 60 days after the Administrator certifies that the B61 life extension program will deliver a first production unit in FY2019.
Sec. 3119) Directs the Administrator to establish within the nuclear security enterprise a Center for Security Technology, Analysis, Testing, and Response to provide expertise with respect to security technologies, systems, analysis, testing, and response forces.
(Sec. 3120) Amends the NDAA for Fiscal Year 2013 to provide that, if a management and operating contract awarded by NNSA is protested, a report required under such Act shall be submitted within 30 days after such protest is resolved. Requires the report to include assumptions used and analysis conducted to determine expected cost savings under such contracts. Excludes from such requirement management and operations contracts for naval reactor facilities.
(Sec. 3121) Directs the Secretaries of Defense and Energy, in carrying out certain phases of the joint W78/88-1 warhead life extension program, to include during such phases an analysis of feasibility, design definition, and cost estimation for four listed life extension options.
(Sec. 3122) Requires the Administrator to ensure that: (1) the principles of a prior pilot program to improve and streamline oversight of the Kansas City Plant of NNSA are permanently implemented there, and (2) such principles are extended to at least two additional facilities of the DOE nuclear security enterprise. Authorizes the Administrator to exempt high-hazard or high-risk activities from such extension and requires the Administrator to exempt nuclear operations from such extension. Requires a certification from the Administrator with respect to the maturity of processes in place to ensure such extensions without undue risk.
(Sec. 3123) Amends the Department of Energy Organization Act to extend through FY2020 the authority to enter into transactions other than a contract, grant, or cooperative agreement in order to carry out certain DOE research projects.
Subtitle C: Reports - (Sec. 3131) Amends the Atomic Energy Defense Act to require the Administrator to submit annually to the Secretary and the defense and appropriations committees: (1) a report detailing the status of the nuclear security enterprise; and (2) written certification that the special nuclear material, nuclear weapons, and classified information in the custody of NNSA are secure.
(Sec. 3132) Requires additional information within annual assessments regarding the condition of the nuclear weapons stockpile, including results from any investigations. Requires any assessment submitted by the Commander of the U.S. Strategic Command to include a summary of major assembly releases. Requires that if the President does not forward such assessments to Congress by March 15 annually (as required), the official involved shall submit such assessments, without changes, to the defense and appropriations committees.
(Sec. 3133) Repeals required annual reports concerning: (1) counterintelligence and security practices at national laboratories, and (2) advanced supercomputer sales to certain foreign countries.
Subtitle D: Other Matters - (Sec. 3141) Amends the NDAA for Fiscal Year 2013 to revise report deadlines of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise. Extends the Panel's termination date to no later than September 30, 2014, and requires a final report prior to such termination.
(Sec. 3142) Directs the Administrator to study and report on the potential reuse of nuclear weapon secondaries, including an assessment of the potential for reusing secondaries in future life extension programs.
(Sec. 3145) Directs the Secretary to manage the Waste Isolation Pilot Plant in such a way as to include the transportation and disposal of any non-defense federally-owned transuranic waste meeting certain criteria described in the document entitled "Transuranic Waste Acceptance Criteria For The Waste Isolation Pilot Plant," published by DOE on April 21, 2011.
(Sec. 3146) Directs the Secretary to convey to the Community Reuse Organization of the Hanford Site (Washington) certain real property on the Hanford Reservation.
(Sec. 3147) Establishes the Manhattan Project National Historical Park (Park) as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in land in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Requires inclusion of the B Reactor National Historic Landmark in Hanford. Directs the Secretary of the Interior and the Secretary of Energy to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under DOE's jurisdiction to be included in the Park. Requires the Interior Secretary under any such agreement to: (1) have decisionmaking authority for the content of the historic interpretation of the Manhattan Project for purposes of administering the Park, and (2) ensure that the agreement provides for an appropriate advisory role for the National Park Service (NPS) in preserving the historic resources covered by the agreement. Requires the DOE Secretary under any such agreement to: (1) ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of DOE at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) retain responsibility for any necessary environmental remediation; and (3) retain authority and legal obligations for historic preservation and general maintenance.
Requires the Interior Secretary to: (1) consult with interested state, county, and local officials and members of the public before executing any such agreement or developing a general management plan; and (2) complete such a plan within three years after funds are provided for the Park. Authorizes the Secretary to provide interpretive tours of historically significant Manhattan Project sites and resources located outside Park boundaries. Prohibits the acquisition by condemnation of any land or interest in land for the purposes of this Act.
Authorizes the Interior Secretary to: (1) enter into agreements with federal agencies to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under their control; and (2) accept donations from, and enter into cooperative agreements with, state governments, local governments, tribal governments, organizations, or individuals to further the purpose of such agreement, or to provide visitor services and administrative facilities. Authorizes the Secretary to provide certain technical assistance to such governments, organizations, or individuals. Prohibits anything in this Act, the establishment of the Park, or the management plan for the Park from being construed as creating buffer zones outside of the Park.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2014 for the Defense Nuclear Facilities Safety Board.
(Sec. 3202) Authorizes the Secretary of Energy to request an analysis from the Board regarding the costs and benefits of any draft or final recommendation with respect to DOE defense nuclear facilities, including facility operations, standards, and research needs.
Title XXXIV [sic]: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2014 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation for FY2014 for the Maritime Administration (MA) for specified activities, including: (1) operations and support of the U.S. Merchant Marine Academy and the state maritime academies, (2) the disposal of obsolete vessels in the National Defense Reserve Fleet, (3) maintaining a U.S.-flag merchant fleet, and (4) maritime loan guarantees.
(Sec. 3502) Extends through 2020 the authority of the Secretary of Transportation to provide insurance and reinsurance under the vessel war risk insurance program.
(Sec. 3503) Expresses the sense of Congress that: (1) maintaining a U.S. shipbu ilding base is critical to meeting U.S. national security requirements; (2) it is vitally important that the MA's Ready Reserve Force remains capable, modern, and efficient; (3) federal agencies must consider investment options for replacing aging vessels within such Force; and (4) DOT should pursue the most cost-effective means of recapitalizing such Force, including by promoting the building of new vessels that are militarily useful and commercially viable.
(Sec. 3504) Authorizes (current law requires) funds provided for an intermodal transportation maritime facility at Port of Anchorage, Alaska, to be transferred to and administered by the MA Administrator.
(Sec. 3505) Authorizes the Administrator, under the port infrastructure development program, to give funding priority to strategic seaports in support of national security requirements. Authorizes the Secretary of Transportation to provide financial assistance to port authorities or commissions under such program.
Division D: Funding Tables - (Sec. 4001) Provides that whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation or expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
Title XLI: Procurement - (Sec. 4101) Sets forth authorized FY2014 funding levels with respect to procurement.
Title XLII: Research, Development, Test, and Evaluation - (Sec. 4201) Sets forth authorized funding levels with respect to RDT&E.
Title XLIII: Operation and Maintenance - (Sec. 4301) Sets forth authorized funding levels for O&M.
Title XLIV: Military Personnel - (Sec. 4401) Sets forth authorized funding levels for military personnel.
Title XLV: Other Authorizations - (Sec. 4501) Sets forth authorized funding levels for other authorizations.
Title XLVI: Military Construction - (Sec. 4601) Sets forth authorized funding levels for military construction.
Title XLVII: Department of Energy National Security Programs - (Sec. 4701) Sets forth authorized funding levels for DOE national security programs.
Division E: Federal Information Technology Acquisition Reform Act - Federal Information Technology Acquisition Reform Act - Title LI: Management of Information Technology Within Federal Government - (Sec. 5101) Modifies the current framework governing the management of information technology (IT) within the federal government to require presidential appointment or designation of the Chief Information Officer (CIO) in specified federal agencies (thereby providing consistency with the presidential appointment or designation of Chief Financial Officers for such agencies, but specifically excludes DOD).
(Sec. 5102) Designates the Chief Information Officers Council as the lead interagency forum for improving agency coordination of information resources investment. Requires the Council, annually over a six-year period, to report to the defense and oversight committees on its activities.
(Sec. 5103) Require the CG to examine the effectiveness of the Council, and report examination results to such committees.
Title LII: Data Center Optimization - (Sec. 5203) Requires the Federal Chief Information Officer (FCIO) (defined as the Administrator of the Office of Electronic Government in the Office of Management and Budget [OMB]) to develop and implement the Federal Data Center Optimization Initiative to optimize the usage and efficiency of federal data centers. Directs the FCIO to develop and submit to Congress a plan for the Initiative.
(Sec. 5204) Sets forth permissible methods for agencies to consolidate data centers and achieve maximum server utilization and energy efficiency.
(Sec. 5205) Requires agencies to track costs resulting from implementation of the Initiative within each agency and to submit an annual report on such costs to the FCIO. Requires such agencies to also track savings achieved. Directs the CG to examine methods for calculating savings from the Initiative and to report findings and recommendations to the FCIO.
(Sec. 5206) Requires: (1) each agency to report annually to the FCIO on Initiative implementation, and (2) the FCIO to report annually to such committees assessing agency progress in carrying out the Initiative.
Title LIII: Elimination of Duplication and Waste in Information Technology Acquisition - (Sec. 5301) Requires the OMB Director to develop a plan for conducting a government-wide inventory of IT assets and to submit such plan to Congress. Directs the CG to review such plan and submit review results to such committees.
(Sec. 5302) Directs the OMB Director to: (1) assess all publicly available websites of federal agencies, and (2) require agencies to eliminate or consolidate any duplicate or overlapping sites.
(Sec. 5303) Expresses the sense of Congress that transition to cloud computing offers significant potential benefits for the the implementation of federal IT projects. Permits CIOs to establish cloud service working capital funds.
(Sec. 5304) Prohibits an executive agency from issuing a solicitation for contract vehicles for IT or other goods and services in excess of $50 million unless the agency performs a business case analysis and obtains approval from the Administrator for Federal Procurement Policy (FPP). Requires such Administrator to report to such committees on the implementation of this section.
Title LIV: Strengthening and Streamlining Information Technology Acquisition Management Practices - Subtitle A: Strengthening and Streamlining IT Program Management Practices - (Sec. 5401) Requires the OMB Director to establish a Federal Infrastructure and Common Application Collaboration Center to serve as a focal point for coordinated program management practices and to develop and maintain requirements for the acquisition of IT infrastructure and applications commonly used by federal agencies. Requires: (1) the Director to report annually to such committees on the Center's organization, staff, and activities; (2) the Center to identify and develop a strategic sourcing initiative to enhance government-wide acquisition, shared use, and dissemination of software, as well as compliance with end user license agreements; and (3) the Center to compile a price list and catalogue containing current pricing information by vendor for each of its IT infrastructure and common applications categories. Establishes the Federal IT Acquisition Management Improvement Fund to support Center activities. Provides deadlines for various Center activities.
(Sec. 5402) Requires the OMB Director, within one year after the enactment of this section and every three years thereafter, to designate, redesignate, or withdraw the designation of assisted acquisition centers of excellence (AACEs) to develop areas of specialized IT acquisition expertise within various executive agencies. Sets forth authority for AACEs to implement best practices, assist agencies in expedient and low-cost interagency acquisitions by engaging in repeated and frequent acquisition of similar IT requirements, and assist with IT workforce recruitment and training. Directs the CG to review and assess the use and management of fees received by the AACEs and report review results to such committees.
Subtitle B: Strengthening IT Acquisition Workforce - (Sec. 5411) Requires the Director to submit to such committees a five-year strategic plan to develop, strengthen, and solidify IT acquisition cadres. Requires: (1) the Director to report annually for five years after such plan's submission on progress made under the plan, (2) the CG to review such plan and report review results, and (3) the CG to independently assess the findings of the annual report and brief such committees thereafter. (According to H.Rept. 113-359, accompanying H.R.1232, "Director" is the OMB Director.)
(Sec. 5412) Requires the OMB Director to submit to such committees a plan for improving management of IT programs and projects.
(Sec. 5413) Directs the Office of Personnel Management (OPM) to develop policies for agencies to develop a program to recognize excellent performance by federal employees and teams in the acquisition of information systems and IT. Requires such policies to include guidance regarding the award of cash bonuses and other incentives.
Title LV: Additional Reforms - (Sec. 5501) Directs the FPP Administrator to prescribe regulations requiring a comparative value analysis to be included in the contract file when the federal government purchases services and supplies offered under the Federal Strategic Sourcing Initiative from sources outside such Initiative.
(Sec. 5502) Requires the final negotiated price offered by an awardee of a blanket purchase agreement to be treated as public information. Requires additional information concerning blanket purchase agreements and IT investments to be made available to the public.
(Sec. 5503) Permits executive agencies to state in solicitations that awards will be made using a fixed price technical competition under which all offerors compete solely on non-price factors and the fixed award price is pre-announced in the solicitation.
(Sec. 5504) Requires the OMB Director to make publicly available the cost, schedule, and performance data for at least: (1) 80% of all IT investments government-wide, and (2) 60% of all IT investments made by specified federal agencies. Allows for the waiver of such requirement in the national security interest.
(Sec. 5505) Requires the Federal Acquisition Regulatory Council to prescribe a regulation making it clear that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as such exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms.
(Sec. 5506) Establishes guidance for developing and evaluating software acquisition processes that promote procurement choices based on performance and value in a manner free of preconceived preferences based on how technology is developed, licensed, or distributed. Requires the OMB Director to issue guidance concerning the technology-neutral procurement and use of software within the federal government. Prohibits such guidance from modifying the federal policy of following technology-neutral principles when selecting and acquiring IT. Directs the CG to report to such committees on an assessment of the effectiveness of the guidance issued, an identification of barriers to widespread federal government use of specific software technologies, and appropriate recommendations.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1960 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1960
To authorize appropriations for fiscal year 2014 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 2013
Mr. McKeon (for himself and Mr. Smith of Washington) (both by request):
introduced the following bill; which was referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2014 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2014''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Production Act purchases.
Subtitle B--Specific Programs
Sec. 111. Multiyear procurement authority for E-2D aircraft program.
Sec. 112. Modification to cost cap for CVN-78 aircraft carrier.
Sec. 113. Clarification of limitations on retirement of B-52 bomber
aircraft.
Sec. 114. Repeal of limitation on retirement of KC-135E aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Program Matters
Sec. 311. Five-year reauthorization of vessel war risk insurance
program.
Sec. 312. Revision to requirement for annual submission of information
regarding information technology capital
assets.
Sec. 313. Authorized expenses in connection with humanitarian and civic
assistance activities provided in
conjunction with military operations.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2014 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Officer Personnel Policy
Sec. 501. Information to be provided to boards considering officers for
selective early removal from the reserve
active-status list.
Subtitle B--Reserve Component Management
Sec. 511. Removal of restrictions on the transfer of officers to the
inactive National Guard.
Sec. 512. Pilot program to allow establishment of active status and
inactive status lists of members in the
inactive National Guard.
Sec. 513. Forum for processing of complaints of wrongful discrimination
by National Guard military technicians
(dual status).
Subtitle C--Education and Training
Sec. 521. Extension of educational assistance for members of the
Selective Reserve who are involuntarily
separated.
Sec. 522. Authority for joint professional military education phase II
instruction and credit to be offered and
awarded through the senior level course of
the school of advanced military studies of
the United States Army Command and General
Staff College.
Subtitle D--Administrative Procedure
Sec. 531. Procedures for judicial review of military personnel
decisions relating to correction of
military records.
Subtitle E--Decorations and Awards
Sec. 541. Repeal of limitation on number of medals of honor that may be
awarded to a member of the Armed Forces.
Sec. 542. Standardization of time-limits for recommending and awarding
a medal of honor, service cross, or
distinguished-service medal across the
Armed Forces.
Sec. 543. Recodification and revision of Army, Navy, Air Force, and
Coast Guard Medal of Honor Roll.
Subtitle F--Other Matters
Sec. 551. Authority to provide certain expenses for care and
disposition of human remains that were
retained by the Department of Defense for
forensic pathology investigation.
Sec. 552. Expansion of privileged information provision to debriefing
reports of certain recovered persons who
were never placed in a missing status.
Sec. 553. Additional requirements for accounting for members of the
Armed Forces and Department of Defense
civilian employees listed as missing.
Sec. 554. Family support programs for immediate family members of
special operations forces members.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in military basic pay for fiscal year 2014.
Sec. 602. Extension of temporary army authority to provide additional
recruitment incentives.
Subtitle B--Disability, Retired Pay, and Survivor Benefits
Sec. 621. Overpayments of division of pay as a result of retroactive
change in disposable retired pay.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Revisions to TRICARE cost sharing requirements.
Sec. 702. Requirement for medicare participating physician or supplier
to accept TRICARE and veterans affairs
participating rates.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 801. Clarification of scope of supplies covered by statutory rapid
acquisition authority.
Sec. 802. Reduction in costs to report critical changes to major
automated information system programs.
Sec. 803. Modification of reporting requirement for Department of
Defense business system acquisition
programs when initial operating capability
is not achieved within five years of
Milestone A approval.
Sec. 804. Enhanced transfer of technology developed at Department of
Defense laboratories.
Sec. 805. Extension of authority for program to award prizes for
advanced technology achievements.
Sec. 806. Revisions to eligibility for, and amount of, financial
assistance under Department of Defense
Science, Mathematics, and Research for
Transformation program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Clarification of the order of precedence for the Principal
Deputy Under Secretaries of Defense.
Sec. 902. Update of statutory specification of functions of the
Chairman of the Joint Chiefs of Staff
relating to doctrine, training, and
education.
Sec. 903. Revision of Secretary of Defense authority to engage in
commercial activities as security for
intelligence collection activities.
Sec. 904. Change to reference to the major Department of Defense
headquarters activities issuance.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Subtitle B--Naval Vessels
Sec. 1011. Repeal of policy relating to propulsion systems of any new
class of major combatant vessels of the
strike forces of the United States Navy.
Sec. 1012. Repeal of requirements relating to procurement of future
surface combatants.
Subtitle C--Other Matters
Sec. 1031. Management of Department of Defense installations.
Sec. 1033. Repeal and modification of reporting requirements.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Expansion of protection of employees of nonappropriated fund
instrumentalities from reprisals.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Sec. 1201. Five-year extension of authorization for non-conventional
assisted recovery capabilities.
Sec. 1202. Increase in annual limitation on transfer of excess defense
articles.
TITLE XIII--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1301. Working capital funds.
Sec. 1302. National Defense Sealift Fund.
Sec. 1303. Joint Urgent Operational Needs Fund.
Sec. 1304. Chemical agents and munitions destruction, defense.
Sec. 1305. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1306. Defense Inspector General.
Sec. 1307. Defense health program.
Subtitle B--National Defense Stockpile
Sec. 1311. Authority to acquire additional materials for the national
defense stockpile.
Subtitle C--Other Matters
Sec. 1321. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for
Captain James A. Lovell Health Care Center,
Illinois.
Sec. 1322. Authorization of appropriations for Armed Forces Retirement
Home.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2004 project.
Sec. 2105. Modification of authority to carry out certain fiscal year
2011 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2107. Extension of authorizations of certain fiscal year 2010
projects.
Sec. 2108. Extension of authorizations of certain fiscal year 2011
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2011 project.
Sec. 2206. Modification of authority to carry out certain fiscal year
2012 project.
Sec. 2207. Extension of authorizations of certain fiscal year 2011
projects.
Sec. 2208. Extension of authorizations of certain fiscal year 2011
project.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2011
project.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized defense agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2013 project.
Sec. 2612. Extension of authorization of certain fiscal year 2011
project.
Sec. 2613. Extension of authorization of certain fiscal year 2011
project.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Revisions to minor military construction authorities.
Sec. 2802. Change in authorities relating to unspecified minor
construction.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Authority for acceptance of funds to cover administrative
expenses associated with real property
leases and easements.
Sec. 2812. Application of cash payments received for utilities and
services.
Sec. 2813. Acquisition of real property at Naval Base Ventura County,
California.
Subtitle C--Land Withdrawals
Sec. 2821. Military land withdrawals and codification of statutory
provisions relating to China Lake,
Limestone Hills, Chocolate Mountain, and
Twentynine Palms.
Sec. 2822. Fort Bliss military land withdrawal.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2014
for procurement for the Army as follows:
(1) For aircraft, $5,024,387,000.
(2) For missiles, $1,334,083,000.
(3) For weapons and tracked combat vehicles,
$1,597,267,000.
(4) For ammunition, $1,540,437,000.
(5) For other procurement, $6,465,218,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Fiscal Year 2014.--Funds are hereby authorized to be
appropriated for fiscal year 2014 for procurement for the Navy and
Marine Corps as follows:
(1) For aircraft, $17,927,651,000.
(2) For weapons, including missiles and torpedoes,
$3,122,193,000.
(3) For shipbuilding and conversion, $14,077,804,000.
(4) For other procurement, $6,310,257,000.
(5) For procurement, Marine Corps, $1,343,511,000.
(6) For ammunition procurement, Navy and Marine Corps,
$589,267,000.
(b) Authorization of Advance Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2015 in the amount of
$952,739,000 for Shipbuilding and Conversion, Navy, for procurement of
a Virginia class submarine.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2014
for procurement for the Air Force as follows:
(1) For aircraft, $11,398,901,000.
(2) For ammunition, $759,442,000.
(3) For missiles, $5,343,286,000.
(4) For other procurement, $16,760,581,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2014
for Defense-wide procurement in the amount of $4,534,083,000.
SEC. 105. DEFENSE PRODUCTION ACT PURCHASES.
Funds are hereby authorized to be appropriated for fiscal year 2014
for purchases under the Defense Production Act of 1950 (50 U.S.C. App.
2061 et seq.) in the amount of $25,135,000.
Subtitle B--Specific Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR E-2D AIRCRAFT PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into a multiyear contract or contracts, beginning with the fiscal year
2014 program year, for the procurement of E-2D aircraft for the
Department of the Navy.
(b) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2014 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 112. MODIFICATION TO COST CAP FOR CVN-78 AIRCRAFT CARRIER.
(a) Cost Cap Baseline.--Subsection (a)(1) of section 122 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2104) is amended by striking
``$10,500,000,000'' and inserting ``$12,887,000,000''.
(b) Additional Factor for Adjustment of Limitation Amount.--
Subsection (b) of such section is amended by adding at the end the
following new paragraph:
``(7) The amounts of increases or decreases in costs of
that ship that are attributable to the shipboard test
program.''.
(c) Hull Number.--Such section is further amended by striking
``CVN-21'' in subsections (a)(1), (a)(2), and (b) and in the section
heading and inserting ``CVN-78''.
SEC. 113. CLARIFICATION OF LIMITATIONS ON RETIREMENT OF B-52 BOMBER
AIRCRAFT.
Section 131(a)(1) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2111), as
amended by section 137(a)(1) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 32), is further
amended in subparagraph (C) by striking ``in a common capability
configuration''.
SEC. 114. REPEAL OF LIMITATION ON RETIREMENT OF KC-135E AIRCRAFT.
Section 135(b) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114), as
amended by section 131 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4377), is repealed.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2014
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $7,989,102,000.
(2) For the Navy, $15,974,780,000.
(3) For the Air Force, $25,702,946,000.
(4) For Defense-wide activities, $17,667,108,000.
(5) For the Director of Operational Test and Evaluation,
$186,300,000.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2014
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $35,073,077,000.
(2) For the Navy, $39,945,237,000.
(3) For the Marine Corps, $6,254,650,000.
(4) For the Air Force, $37,270,842,000.
(5) For Defense-wide activities, $32,997,693,000.
(6) For the Army Reserve, $3,095,036,000.
(7) For the Navy Reserve, $1,197,752,000.
(8) For the Marine Corps Reserve, $263,317,000.
(9) For the Air Force Reserve, $3,164,607,000.
(10) For the Army National Guard, $7,054,196,000.
(11) For the Air National Guard, $6,566,004,000.
(12) For the United States Court of Appeals for the Armed
Forces, $13,606,000.
(13) For the Department of Defense Acquisition Workforce
Development Fund, $256,031,000.
(14) For Environmental Restoration, Army, $298,815,000.
(15) For Environmental Restoration, Navy, $316,103,000.
(16) For Environmental Restoration, Air Force,
$439,820,000.
(17) For Environmental Restoration, Defense-wide,
$10,757,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $237,443,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $109,500,000.
(20) For Cooperative Threat Reduction programs,
$528,455,000.
(21) For Overseas Contingency Operations Transfer Fund,
$5,000,000.
Subtitle B--Program Matters
SEC. 311. FIVE-YEAR REAUTHORIZATION OF VESSEL WAR RISK INSURANCE
PROGRAM.
Section 53912 of title 46, United States Code, is amended by
striking ``December 31, 2015'' and inserting ``December 31, 2020''.
SEC. 312. REVISION TO REQUIREMENT FOR ANNUAL SUBMISSION OF INFORMATION
REGARDING INFORMATION TECHNOLOGY CAPITAL ASSETS.
Section 351(a)(1) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 221 note) is
amended by striking ``in excess of $30,000,000'' and all that follows
and inserting ``(as computed in fiscal year 2000 constant dollars) in
excess of $32,000,000 or an estimated total cost for the future-years
defense program for which the budget is submitted (as computed in
fiscal year 2000 constant dollars) in excess of $378,000,000, for all
expenditures, for all increments, regardless of the appropriation and
fund source, directly related to the assets definition, design,
development, deployment, sustainment, and disposal.''.
SEC. 313. AUTHORIZED EXPENSES IN CONNECTION WITH HUMANITARIAN AND CIVIC
ASSISTANCE ACTIVITIES PROVIDED IN CONJUNCTION WITH
MILITARY OPERATIONS.
(a) Coverage of Certain Travel, Transportation, and Subsistence
Expenses.--Section 401(c) of title 10, United States Code, is amended
by inserting after paragraph (1) the following new paragraph (2):
``(2) Expenses covered by paragraph (1) include travel,
transportation, and subsistence expenses of Department of Defense
personnel for purposes of evaluating the scope of a humanitarian or
civic assistance activity under this section or conducting assessments
of such activities, except that the total value of such expenses
incurred with respect to any activity may not exceed 10 percent of the
activity value.''.
(b) Clerical Amendment.--Such section is further amended by
redesignating paragraph (4) as paragraph (3).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2014, as follows:
(1) The Army, 520,000.
(2) The Navy, 323,600.
(3) The Marine Corps, 190,200.
(4) The Air Force, 327,600.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2014, as follows:
(1) The Army National Guard of the United States, 354,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 59,100.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 105,400.
(6) The Air Force Reserve, 70,400.
(7) The Coast Guard Reserve, 9,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve for any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2014, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,159.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,734.
(6) The Air Force Reserve, 2,911.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2014 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States,
27,210.
(2) For the Army Reserve, 8,395.
(3) For the Air National Guard of the United States,
21,875.
(4) For the Air Force Reserve, 10,429.
SEC. 414. FISCAL YEAR 2014 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard
as of September 30, 2014, may not exceed the following:
(A) For the Army National Guard of the United
States, 1,600.
(B) For the Air National Guard of the United
States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2014, may not exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2014, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2014, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated for military personnel for fiscal year 2014 a total of
$130,399,881,000.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2014.
TITLE V--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Officer Personnel Policy
SEC. 501. INFORMATION TO BE PROVIDED TO BOARDS CONSIDERING OFFICERS FOR
SELECTIVE EARLY REMOVAL FROM THE RESERVE ACTIVE-STATUS
LIST.
Section 14704(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``Active-Status List.--'';
(2) by striking ``all'';
(3) by striking ``, in the number specified by the
Secretary by each grade and competitive category''; and
(4) by adding at the end the following new paragraphs:
``(2) The Secretary of the military department concerned shall
specify the number of officers described in paragraph (1) that a
selection board convened under section 14101(b) of this title may
recommend for removal from the reserve active-status list.
``(3) When the Secretary of the military department concerned
submits a list of officers to a selection board convened under section
14101(b) of this title to consider officers for selection for removal
from the reserve active-status list under this section, such list
(except as provided in paragraph (4)) shall include each officer on the
reserve active-status list in the same grade and competitive category
whose position on the reserve active-status list is between that of the
most junior officer in that grade and competitive category whose name
is submitted to the board and that of the most senior officer in that
grade and competitive category whose name is submitted to the board.
``(4) A list under paragraph (3) may not include an officer in that
grade and competitive category who has been approved for voluntary
retirement or who is to be involuntary retired under any provision of
law during the fiscal year in which the selection board is convened or
during the following fiscal year.''.
Subtitle B--Reserve Component Management
SEC. 511. REMOVAL OF RESTRICTIONS ON THE TRANSFER OF OFFICERS TO THE
INACTIVE NATIONAL GUARD.
(a) Removal of Restrictions.--Chapter 3 of title 32, United States
Code, is amended by adding at the end the following new section:
``Sec. 311. Active and inactive National Guard; transfer of officers
``During the period ending on December 31, 2016, nothing in this
chapter shall prevent any of the following:
``(1) An officer of the Army National Guard who fills a
vacancy in a federally recognized unit of the Army National
Guard from being transferred from the active Army National
Guard to the inactive Army National Guard.
``(2) An officer of the Air National Guard who fills a
vacancy in a federally recognized unit of the Air National
Guard from being transferred from the active Air National Guard
to the inactive Air National Guard.
``(3) An officer of the Army National Guard transferred to
the inactive Army National Guard from being transferred from
the inactive Army National Guard to the active Army National
Guard to fill a vacancy in a federally recognized unit.
``(4) An officer of the Air National Guard transferred to
the inactive Air National Guard from being transferred from the
inactive Air National Guard to the active Air National Guard to
fill a vacancy in a federally recognized unit.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``311. Active and inactive National Guard; transfer of officers.''.
SEC. 512. PILOT PROGRAM TO ALLOW ESTABLISHMENT OF ACTIVE STATUS AND
INACTIVE STATUS LISTS OF MEMBERS IN THE INACTIVE NATIONAL
GUARD.
(a) Authority To Maintain Active and Inactive Status Lists in the
Inactive National Guard.--Section 303 of title 32, United States Code,
is amended by adding at the end the following new subsection:
``(d)(1) The Secretary of the Army and the Secretary of the Air
Force may maintain an active status list and an inactive status list of
members in the inactive Army National Guard and the inactive Air
National Guard, respectively.
``(2) The total number of Army National Guard and Air National
Guard members, combined, on the active status lists and the inactive
status lists assigned to the inactive National Guard may not exceed
10,000 during any period.
``(3) The total number of Army National Guard and Air National
Guard members, combined, on the active status lists of the inactive
National Guard may not exceed 4,000 during any period.
``(4) The authority under this subsection expires at the close of
December 31, 2016.''.
(b) Two-Way Transfers of Members Formerly Enlisted in Inactive
National Guard.--Subsection (b) of such section is amended--
(1) by striking ``Under such'' at the beginning of the
first sentence and inserting ``(1) Except as provided in
paragraph (2) and under such'';
(2) by striking ``Under such'' at the beginning of the
second sentence and inserting ``Except as provided in paragraph
(2) and under such''; and
(3) by adding at the end the following new paragraph:
``(2) During the period beginning on the date of the enactment of
this paragraph and ending on December 31, 2016, an enlisted member of
the active Army National Guard may be transferred to the inactive Army
National Guard without regard to whether the member was formerly
enlisted in the inactive Army National Guard and an enlisted member of
the active Air National Guard may be transferred to the inactive Air
National Guard without regard to whether the member was formerly
enlisted in the inactive Air National Guard.''.
(c) Definition of ``Active Status''.--Section 101(d)(4) of title
10, United States Code, is amended by adding at the end the following
new sentence: ``However, in the case of members of the Army National
Guard of the United States during any period during which there is an
inactive status list for the inactive Army National Guard under section
303(d) of title 32, such term means the status of such a member who is
not assigned to the inactive status list of the inactive Army National
Guard, on another inactive status list, or in the Retired Reserve, and
in the case of members of the Air National Guard of the United States
during any period during which there is an inactive status list for the
inactive Air National Guard under section 303(d) of title 32, such term
means the status of such a member who is not assigned to the inactive
status list of the inactive Air National Guard, on another inactive
status list, or in the Retired Reserve.''.
(d) Members in Inactive Status; Training Categories.--Section 10141
of such title is amended by adding at the end the following new
subsection:
``(d)(1) During any period during which there is an inactive status
list for the inactive Army National Guard under section 303(d) of title
32--
``(A) the first sentence of subsection (b) shall apply only
with respect to Reserves assigned to the inactive Army National
Guard who are assigned to the inactive status list; and
``(B) the exclusion of the Army National Guard of the
United States under the first sentence of subsection (c) shall
be inapplicable.
``(2) During any period during which there is an inactive status
list for the inactive Air National Guard under section 303(d) of title
32--
``(A) the first sentence of subsection (b) shall apply only
with respect to Reserves assigned to the inactive Air National
Guard who are assigned to the inactive status list; and
``(B) the exclusion of the Air National Guard of the United
States under the first sentence of subsection (c) shall be
inapplicable.''.
(e) Computation of Years of Service for Entitlement to Retired
Pay.--Paragraph (3) of section 12732(b) of such title is amended to
read as follows:
``(3) Service in the inactive National Guard (for any
period other than a period during which there is an inactive
status list for the inactive National Guard under section
303(d) of title 32) and service while assigned to the inactive
status list of the inactive National Guard (for any period
during which there is an inactive status list for the inactive
National Guard under section 303(d) of title 32).''.
(f) Eligibility for Inactive-Duty Training Pay.--Section 206(c) of
title 37, United States Code, is amended by adding at the end the
following new sentence: ``However, with respect to any period during
which there is an inactive status list for the inactive National Guard
under section 303(d) of title 32, the limitation in the preceding
sentence shall be applicable to persons assigned to the inactive status
list of the inactive National Guard, rather than to persons enlisted in
the inactive National Guard.''.
(g) Evaluation of the Pilot Program.--By the end of the pilot
period, the Department of Defense shall commission an independent study
evaluating the effectiveness of using the active status Inactive
National Guard to improve the readiness of the Army National Guard. The
study should include, for each year of the pilot, information on--
(1) how many personnel were transferred to the active
status Inactive National Guard;
(2) how many of these vacancies were filled with personnel
new to the Army National Guard;
(3) the additional cost of filling these positions; and
(4) impact on drill and annual training participation
rates.
The study also should assess the impact on medical readiness category
3B personnel transferred to the active status Inactive National Guard,
including how long it took them to complete the Integrated Disability
Evaluation System (IDES) process, and how satisfied they were with
their unit's management and collaboration during the IDES process.
SEC. 513. FORUM FOR PROCESSING OF COMPLAINTS OF WRONGFUL DISCRIMINATION
BY NATIONAL GUARD MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--Section 709 of title 32, United States Code, is
amended by adding at the end the following new subsection:
``(j) A complaint of wrongful discrimination by a person employed
under subsection (a) who is a military technician (dual status) and
otherwise subject to the requirements of subsection (b) shall be
considered a complaint of wrongful discrimination by a member of the
armed forces.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to a complaint of wrongful discrimination initiated
on or after the date of the enactment of this Act.
Subtitle C--Education and Training
SEC. 521. EXTENSION OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE
SELECTIVE RESERVE WHO ARE INVOLUNTARILY SEPARATED.
(a) Preservation of Educational Assistance Entitlement for Certain
Former Members of the Selected Reserve.--
(1) Extension.--Paragraph (1)(B) of section 16133(b) of
title 10, United States Code, is amended by striking
``September 30, 2014'' and inserting ``December 31, 2018''.
(2) Cross-reference amendments to reflect prior
amendment.--Such section is further amended by striking
``clause (2) of'' in paragraphs (1) and (4)(B).
(b) Basic Educational Assistance Entitlement for Service in the
Selective Reserve.--Subparagraph (B)(iii) of section 3012(b)(1) of
title 38, United States Code, is amended by inserting ``or the period
beginning on October 1, 2013, and ending on December 31, 2018,'' after
``September 30, 1999,''.
SEC. 522. AUTHORITY FOR JOINT PROFESSIONAL MILITARY EDUCATION PHASE II
INSTRUCTION AND CREDIT TO BE OFFERED AND AWARDED THROUGH
THE SENIOR LEVEL COURSE OF THE SCHOOL OF ADVANCED
MILITARY STUDIES OF THE UNITED STATES ARMY COMMAND AND
GENERAL STAFF COLLEGE.
Section 2151(b) of title 10, United States Code, is amended--
(1) by adding at the end of paragraph (1) the following new
subparagraph:
``(E) The senior-level course of the School of
Advanced Military Studies of the United States Army
Command and General Staff College.''.
(2) in paragraph (2)(A), by inserting before the period at
the end the following: ``(other than with respect to the course
specified in paragraph (1)(E))''.
Subtitle D--Administrative Procedure
SEC. 531. PROCEDURES FOR JUDICIAL REVIEW OF MILITARY PERSONNEL
DECISIONS RELATING TO CORRECTION OF MILITARY RECORDS.
(a) Judicial Review.--
(1) In general.--Chapter 79 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1560. Judicial review of decisions relating to correction of
military records
``(a) Availability of Judicial Review.--
``(1) In general.--Any person adversely affected by a
records correction final decision may obtain judicial review of
the decision in a court with jurisdiction to hear the matter.
``(2) Records correction final decision defined.--In this
section, the term `records correction final decision' means any
of the following:
``(A) A final decision issued by the Secretary
concerned pursuant to section 1552 of this title.
``(B) A final decision issued by the Secretary of a
military department or the Secretary of Homeland
Security pursuant to section 1034(f) of this title.
``(C) A final decision issued by the Secretary of
Defense pursuant to section 1034(g) of this title.
``(b) Matters Must Be Justiciable.--Notwithstanding subsection (a),
a court in which judicial review of a records correction final decision
is sought does not have jurisdiction to review any matter or issue
raised in a petition of review that is not justiciable.
``(c) Exhaustion of Administrative Remedies.--
``(1) General rule.--Except as provided in paragraph (3),
judicial review of a matter that could be subject to correction
under a provision of law specified in subsection (a)(2) in a
case arising after the date of the enactment of this section
may not be obtained under this section or any other provision
of law unless--
``(A) the petitioner has requested a correction
under section 1552 of this title (including such a
request in a matter arising under section 1034 of this
title); and
``(B) the Secretary concerned has rendered a final
decision denying that correction in whole or in part.
``(2) Whistleblower cases.--In a case arising after the
date of the enactment of this section in which the final
decision of the Secretary concerned is subject to review by the
Secretary of Defense under section 1034(g) of this title, the
petitioner is not required to seek such review before obtaining
judicial review, but if the petitioner seeks such review,
judicial review may not be sought until the Secretary of
Defense has made a decision in the matter or the end of the
period specified in that section for the Secretary to make such
a decision, whichever occurs first.
``(3) Class actions.--In the case of a matter subject to
correction under a provision of law specified in subsection
(a)(2) in a case arising after the date of the enactment of
this section in which judicial review is not precluded by
reason of paragraph (1) or (2), if judicial review of a records
correction final decision of the matter is sought and if the
petitioner for judicial review also seeks to bring a class
action with respect to a matter for which the petitioner
requested a correction under section 1552 of this title
(including such a request in a matter arising under section
1034 of this title) and if the court issues an order certifying
a class in the case, the limitations of paragraphs (1) and (2)
shall be inapplicable to any member of the class (other than
the petitioner) with respect to any matter covered by a claim
for which the class is certified.
``(d) Statutes of Limitation.--
``(1) Two years from final decision.--In the case of a
records correction final decision that is issued on or after
the date of the enactment of this section, such decision is not
subject to judicial review under this section or otherwise
subject to review in any court unless petition for such review
is filed in a court not later than two years after the date of
the final decision other than in a matter to which paragraph
(2) applies.
``(2) Six years for certain claims that may result in
payment of money.--(A) In the case of a records correction
final decision that is issued on or after the date of the
enactment of this section and which is described in
subparagraph (B), such decision (or the portion of such
decision described in such subparagraph) is not subject to
judicial review under this section or otherwise subject to
review in any court unless petition for such review is filed in
a court not later than six years after the date of discharge,
retirement, release from active duty, or death while on active
duty of the person whose military records are the subject of
the correction request. There shall be excluded from the
computation of such six-year period the period (i) beginning on
the date of the filing with the Secretary of a request for
correction of military records leading to the records
correction final decision, and (ii) ending on the date of such
decision.
``(B) A records correction final decision is described in
this subparagraph to the extent that the decision, or portion
of the decision, is a denial of a claim that, if relief were to
be granted by the court, would support, or result in, the
payment of money, other than payments made under chapter 73 of
this title, either under a court order or under a subsequent
administrative determination.
``(e) Sole Basis for Judicial Review.--In the case of a cause of
action arising after the date of the enactment of this section, no
court shall have jurisdiction to review any matter subject to
correction under a provision of law specified in subsection (a)(2)
except as provided in this section.
``(f) Habeas Corpus.--This section does not affect any cause of
action arising under chapter 153 of title 28.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1560. Judicial review of decisions.''.
(b) Effect of Denial of Request for Correction of Records When
Prohibited Personnel Action Alleged.--
(1) Notice of denial; procedures for judicial review.--
Subsection (f) of section 1034 of such title is amended by
adding at the end the following new paragraph:
``(7) In any case in which the final decision of the Secretary
concerned results in denial, in whole or in part, of any requested
correction of the record of the member or former member, the Secretary
concerned shall provide the member or former member a concise written
statement of the basis for the decision and a notification of the
availability of judicial review of the decision pursuant to section
1560 of this title and the time for obtaining such review.''.
(2) Secretary of defense review; notice of denial.--
Subsection (g) of such section is amended--
(A) by inserting ``(1)'' before ``Upon the
completion of all''; and
(B) by adding at the end the following new
paragraph:
``(2) The submittal of a matter to the Secretary of Defense by the
member or former member under paragraph (1) must be made within 90 days
of the receipt by the member or former member of the final decision of
the Secretary of the military department concerned in the matter. In
any case in which the final decision of the Secretary of Defense
results in denial, in whole or in part, of any requested correction of
the record of the member or former member, the Secretary of Defense
shall provide the member or former member a concise written statement
of the basis for the decision and a notification of the availability of
judicial review of the decision pursuant to section 1560 of this title
and the time for obtaining such review.''.
(3) Sole basis for judicial review.--Such section is
further amended--
(A) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and
(B) by inserting after subsection (g) the following
new subsection (h):
``(h) Judicial Review.--
``(1) A decision of the Secretary of Defense under
subsection (g) shall be subject to judicial review only as
provided in section 1560 of this title.
``(2) In a case in which review by the Secretary of Defense
under subsection (g) was not sought, a decision of the
Secretary of a military department under subsection (f) shall
be subject to judicial review only as provided in section 1560
of this title.
``(3) A decision by the Secretary of Homeland Security
under subsection (f) shall be subject to judicial review only
as provided in section 1560 of this title.''.
(c) Effect of Denial of Other Requests for Correction of Military
Records.--Section 1552 of such title is amended by adding at the end
the following new subsections:
``(h) In any case in which the final decision of the Secretary
concerned results in denial, in whole or in part, of any requested
correction, the Secretary concerned shall provide the claimant a
concise written statement of the basis for the decision and a
notification of the availability of judicial review of the decision
pursuant to section 1560 of this title and the time for obtaining such
review.
``(i) A decision by the Secretary concerned under this section
shall be subject to judicial review only as provided in section 1560 of
this title.''.
(d) Effective Date and Retroactive Application.--
(1) Effective date.--The amendments made by this section
shall take effect one year after the date of the enactment of
this Act.
(2) Retroactive application.--The amendments made by this
section shall apply to all final decisions of the Secretary of
Defense under section 1034(g) of title 10, United States Code,
and of the Secretary of a military department and the Secretary
of Homeland Security under sections 1034(f) or 1552 of such
title, whether rendered before, on, or after the date of the
enactment of this Act.
(3) Transition.--During the period between the date of the
enactment of this Act and the effective date specified in
paragraph (1), in any case in which the final decision of the
Secretary of Defense under section 1034(g) of title 10, United
States Code, or the Secretary concerned under sections 1034(f)
or 1552 of title 10, United States Code, results in denial, in
whole or in part, of any requested correction of the record of
a member or former member of the Armed Forces or the record of
a claimant under such section 1552, the individual shall be
informed in writing of the time for obtaining review of the
decision pursuant to section 1560 of such title, as added by
subsection (a).
(e) Implementation.--The Secretaries concerned (as defined in
section 101(a)(9) of title 10, United States Code) may prescribe
appropriate regulations, and interim guidance before prescribing such
regulations, to implement the amendments made by this section. In the
case of the Secretary of a military department, such regulations may
not take effect until approved by the Secretary of Defense.
(f) Construction.--This section and the amendments made by this
section do not affect the authority of any court to exercise
jurisdiction over any case that was properly before the court before
the effective date specified in subsection (d)(1).
Subtitle E--Decorations and Awards
SEC. 541. REPEAL OF LIMITATION ON NUMBER OF MEDALS OF HONOR THAT MAY BE
AWARDED TO A MEMBER OF THE ARMED FORCES.
(a) Army.--Section 3744 (a) of title 10, United States Code, is
amended by striking ``medal of honor,''.
(b) Navy and Marine Corps.--Section 6247 of title 10, United States
Code, is amended by striking ``medal of honor,''.
(c) Air Force.--Section 8744(a) of title 10, United States Code, is
amended by striking ``medal of honor,''.
(d) Coast Guard.--Section 494 of title 14, United States Code, is
amended by striking ``medal of honor,'' both places it appears.
SEC. 542. STANDARDIZATION OF TIME-LIMITS FOR RECOMMENDING AND AWARDING
A MEDAL OF HONOR, SERVICE CROSS, OR DISTINGUISHED-SERVICE
MEDAL ACROSS THE ARMED FORCES.
(a) Army.--Section 3744(b) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``three years'' and
inserting ``five years''; and
(2) in paragraph (2), by striking ``two years'' and
inserting ``three years''.
(b) Air Force.--Section 8744(b) of such title is amended--
(1) in paragraph (1), by striking ``three years'' and
inserting ``five years''; and
(2) in paragraph (2), by striking ``two years'' and
inserting ``three years''.
SEC. 543. RECODIFICATION AND REVISION OF ARMY, NAVY, AIR FORCE, AND
COAST GUARD MEDAL OF HONOR ROLL.
(a) Automatic Enrollment and Furnishing of Certificate.--
(1) In general.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
``(a) Establishment.--There shall be in the Department of the Army,
the Department of the Navy, the Department of the Air Force, and the
Department of Homeland Security, respectively, a roll designated as the
`Army, Navy, Air Force, and Coast Guard Medal of Honor Roll'.
``(b) Enrollment.--The Secretary concerned shall enter and record
on such roll the name of each person who has served on active duty in
the armed forces and who has been awarded a medal of honor pursuant to
section 3741, 6241, or 8741 of this title or section 491 of title 14.
``(c) Certificate.--
``(1) In general.--Each living person whose name is entered
on the Army, Navy, Air Force, and Coast Guard Medal of Honor
Roll shall be furnished a certificate of enrollment on such
roll.
``(2) Entitlement to special pension.--The Secretary
concerned shall deliver to the Secretary of Veterans Affairs a
certified copy of each certificate of enrollment issued under
paragraph (1). Such copy shall authorize the Secretary of
Veterans Affairs to pay the special pension provided by section
1562 of title 38 to the person named in the certificate.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter of title 10 is amended by adding at
the end the following new item:
``1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll.''.
(b) Special Pension.--
(1) Automatic entitlement.--Section 1562(a) of title 38,
United States Code, is amended--
(A) by inserting ``living'' after ``each'';
(B) by striking ``subsection (c) of section 1561 of
this title'' and inserting ``subsection (c)(2) of
section 1136 of title 10''; and
(C) by striking ``application therefor under
section 1560 of this title'' and inserting ``such
person's name is entered on the Army, Navy, Air Force,
and Coast Guard Medal of Honor Roll under section
1136(b) of title 10''.
(2) Election to decline special pension.--Section 1562 of
such title is further amended by adding at the end the
following new subsection:
``(g)(1) A person who is entitled to a special pension under
subsection (a) may elect not to receive such special pension by
notifying the Secretary of such election in writing.
``(2) The Secretary, upon receipt of such election, shall cease
payments of the special pension to such person.''.
(3) Technical amendment.--Section 1562(a) of such title is
further amended by striking ``roll'' and inserting ``Roll''.
(c) Conforming Amendments.--
(1) Repeal of recodified provisions.--Sections 1560 and
1561 of title 38, United States Code, are repealed.
(2) Clerical amendments.--The table of sections at the
beginning of chapter 15 of such title is amended, by striking
the items relating to sections 1560 and 1561.
(d) Effective Date.--The amendments made by this section shall be
effective with respect to medals of honor awarded on or after the date
of the enactment of this Act.
Subtitle F--Other Matters
SEC. 551. AUTHORITY TO PROVIDE CERTAIN EXPENSES FOR CARE AND
DISPOSITION OF HUMAN REMAINS THAT WERE RETAINED BY THE
DEPARTMENT OF DEFENSE FOR FORENSIC PATHOLOGY
INVESTIGATION.
(a) Disposition of Remains of Persons Whose Death Is Investigated
by the Armed Forces Medical Examiner.--
(1) Covered decedents.--Section 1481(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(10) To the extent authorized under section 1482(g) of
this title, any person not otherwise covered by the preceding
paragraphs whose remains (or partial remains) have been
retained by the Secretary concerned for purposes of a forensic
pathology investigation by the Armed Forces Medical Examiner
under section 1471 of this title.''.
(2) Authorized expenses relating to care and disposition of
remains.--Section 1482 of such title is amended by adding at
the end the following new subsection:
``(g)(1) The payment of expenses incident to the recovery, care,
and disposition of the remains of a decedent covered by section
1481(a)(10) of this title is limited to those expenses that, as
determined under regulations prescribed by the Secretary of Defense,
would not have been incurred but for the retention of those remains for
purposes of a forensic pathology investigation by the Armed Forces
Medical Examiner under section 1471 of this title. The Secretary
concerned shall pay all other expenses authorized to be paid under this
section only on a reimbursable basis. Amounts reimbursed to the
Secretary concerned under this subsection shall be credited to
appropriations available at the time of reimbursement for the payment
of such expenses.
``(2) In a case covered by paragraph (1), if the person designated
under subsection (c) to direct disposition of the remains of a decedent
does not direct disposition of the remains that were retained for the
forensic pathology investigation, the Secretary may pay for the
transportation of those remains to, and interment or inurnment of those
remains in, an appropriate place selected by the Secretary, in lieu of
the transportation authorized to be paid under paragraph (8) of
subsection (a).
``(3) In a case covered by paragraph (1), expenses that may be paid
do not include expenses with respect to an escort under paragraph (8)
of subsection (a), whether or not on a reimbursable basis.''.
(b) Clarification of Coverage of Inurnment.--Section 1482(a)(9) of
such title is amended by inserting ``or inurnment'' after
``interment''.
(c) Technical Amendment.--Section 1482(f) of such title is amended
in the third sentence by striking ``subsection'' and inserting
``section''.
SEC. 552. EXPANSION OF PRIVILEGED INFORMATION PROVISION TO DEBRIEFING
REPORTS OF CERTAIN RECOVERED PERSONS WHO WERE NEVER
PLACED IN A MISSING STATUS.
(a) Personnel Files.--Section 1506 of title 10, United States Code
is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The Secretary concerned shall withhold from personnel files
under this section, as privileged information, any survival, evasion,
resistance and escape debriefing report provided by a person described
in section 1501(c) of this title who is returned to United States
control which is obtained under a promise of confidentiality made for
the purpose of ensuring the fullest possible disclosure of
information.''.
(2) in subsection (f), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (3) and (4)''.
(b) Definition.--Section 1513 of such title is amended by adding at
the end the following new paragraph:
``(9) The term `survival, evasion, resistance, and escape
debrief' means an interview conducted with a person described
in section 1501(c) of this title who is returned to United
States control in order to record the person's experiences
while surviving, evading, resisting interrogation or
exploitation, or escaping.''.
SEC. 553. ADDITIONAL REQUIREMENTS FOR ACCOUNTING FOR MEMBERS OF THE
ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES
LISTED AS MISSING.
Section 1501(a)(1) of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) coordination of periodic briefing of families of
missing persons about the efforts of the Department of Defense
to account for those persons.''.
SEC. 554. FAMILY SUPPORT PROGRAMS FOR IMMEDIATE FAMILY MEMBERS OF
SPECIAL OPERATIONS FORCES MEMBERS.
(a) Chaplain-Led Programs.--The Commander of the United States
Special Operations Command may provide support services described in
section 1789(b) of title 10, United States Code, to support the
immediate family members (as defined in section 1789(c) of such title)
of members of the Armed Forces assigned to special operations forces
(as defined in section 167(i) of such title) if the Commander
determines--
(1) that there is a direct and concrete relationship
between--
(A) chaplain-led programs authorized in section
1789 of such title, and
(B) the readiness of special operations forces; and
(2) that such support is not being provided to those family
members by the Secretary of a military department.
(b) Additional Authority.--The Commander of the United States
Special Operations Command may expend up to $10,000,000 during any
fiscal year during which this subsection is in effect to provide
support services described in section 1789(b) of title 10, United
States Code, to support family programs directed by medical personnel,
behavior health professionals, and family readiness professionals of
the Department of Defense to build and maintain the resiliency of
members of the Armed Forces assigned to special operations forces (as
defined in section 167(i) of such title) and their immediate family
members (as defined in section 1789(c) of such title).
(c) Period of Authority.--The authority under this section is in
effect during each of fiscal years 2014 through 2016.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN MILITARY BASIC PAY FOR FISCAL YEAR 2014.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2014 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2014, the rates
of monthly basic pay for members of the uniformed services are
increased by 1.0 percent.
SEC. 602. EXTENSION OF TEMPORARY ARMY AUTHORITY TO PROVIDE ADDITIONAL
RECRUITMENT INCENTIVES.
Subsection (i)(1) of section 681 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C.
503 note) is amended by striking ``December 31, 2012'' and inserting
``December 31, 2015''.
Subtitle B--Disability, Retired Pay, and Survivor Benefits
SEC. 621. OVERPAYMENTS OF DIVISION OF PAY AS A RESULT OF RETROACTIVE
CHANGE IN DISPOSABLE RETIRED PAY.
(a) Amendment.--Section 1414(d) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3)(A) An election by a member to change from receipt of
retired pay in accordance with this section to receipt of
special compensation in accordance with section 1413a of this
title pursuant to paragraph (2), shall not affect payments made
before the date of such election to the member's spouse or
former spouse pursuant to section 1408 of this title, of
disposable retired pay that a court treated as property for the
purpose of issuing a final decree of divorce, dissolution,
annulment, or legal separation, including a court ordered,
ratified, or approved property settlement incident to such
decree.
``(B) In this paragraph:
``(i) The term `court' has the meaning given such
term in section 1408(a)(1) of this title.
``(ii) The term `disposable retired pay' has the
meaning given such term in section 1408(a)(4) of this
title.
``(iii) The term `final decree' has the meaning
given such term in section 1408(a)(3) of this title.
``(iv) The term `member' has the meaning given such
term in section 1408(a)(5) of this title.
``(v) The term `spouse or former spouse' has the
meaning given such term in section 1408(a)(6) of this
title.''.
(b) Applicability.--Paragraph (3) of section 1414(d) of title 10,
United States Code, as added by subsection (a), shall apply with
respect to payments made under section 1408 of title 10, United States
Code, on or after the date of the enactment of this Act.
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. REVISIONS TO TRICARE COST SHARING REQUIREMENTS.
(a) TRICARE Prime Enrollment Fees.--Section 1097 of title 10,
United States Code, is amended--
(1) in subsection (e)--
(A) by striking ``(1)'' before ``The Secretary'';
and
(B) by striking paragraph (2); and
(2) by adding at the end the following new subsection:
``(f) Enrollment Fees.--
``(1) Amount.--Beginning January 1, 2014, the enrollment
fee described in subsection (e) for a covered beneficiary shall
be an amount (rounded to the nearest dollar) equal to the
applicable percentage (specified in paragraph (2)) of the
retired pay of the member or former member upon whom the
covered beneficiary's eligibility is based, except that the
amount of such enrollment fee shall not be in excess of the
applicable maximum enrollment fee nor less than the applicable
minimum enrollment fee specified in paragraph (3).
``(2) Percentage of retired pay.--The applicable percentage
of retired pay shall be determined in accordance with the
following table:
----------------------------------------------------------------------------------------------------------------
The applicable percentage for a
``For: family group of two or more persons The applicable percentage for an
is: individual is:
----------------------------------------------------------------------------------------------------------------
2014 2.95% 1.475%
----------------------------------------------------------------------------------------------------------------
2015 3.30% 1.650%
----------------------------------------------------------------------------------------------------------------
2016 3.65% 1.825%
----------------------------------------------------------------------------------------------------------------
2017 and after 4.00% 2.000%.
----------------------------------------------------------------------------------------------------------------
``(3) Maximum and minimum enrollment fees.--
``(A) Before 2018.--
``(i) Family groups.--For the years 2014
through 2017, the applicable maximum and
minimum enrollment fees for a family group of
two or more persons shall be determined in
accordance with the following table:
----------------------------------------------------------------------------------------------------------------
The
applicable
maximum
enrollment
fee for a
family group
The The applicable maximum enrollment fee for whose
applicable a family group whose eligibility is based eligibility
``For: minimum upon a member or former member of retired is based
enrollment grade O-7 or above is: upon a
fee is: member or
former
member of
retired
grade O-6 or
below is:
----------------------------------------------------------------------------------------------------------------
2014 $548 $900 $750
----------------------------------------------------------------------------------------------------------------
2015 $558 $1,200 $900
----------------------------------------------------------------------------------------------------------------
2016 $569 $1,500 $1,050
----------------------------------------------------------------------------------------------------------------
2017 $581 $1,800 $1,200.
----------------------------------------------------------------------------------------------------------------
``(ii) Individuals.--The applicable maximum
and minimum enrollment fees for an individual
shall be one-half the corresponding maximum and
minimum enrollment fees for a family group of
two or more persons (as specified in clause
(i)).
``(B) After 2017.--For any year after 2017, the
applicable maximum and minimum enrollment fees shall be
equal to the maximum and minimum enrollment fees for
the previous year increased by the percentage by which
retired pay is increased under section 1401a of this
title for such calendar year.
``(4) Exclusion.--Notwithstanding paragraph (1), the
enrollment fee described in subsection (e) for a dependent of a
member of the uniformed services who dies while on active duty,
a member retired under chapter 61 of this title, or for a
dependent of such a member shall not exceed the amount of any
such enrollment fee for 2013.''.
(b) TRICARE Standard Enrollment Fees and Cost Sharing.--Section
1086(b) of such title is amended to read as follows:
``(b) For a person covered by this section, any plan contracted for
under section 1079(a) of this title shall contain the following
provisions for payment by the patient:
``(1) An annual enrollment fee. The amount of such annual
enrollment fee for a year is--
``(A) for 2014, $70 for an individual or $140 for a
family group of two or more persons;
``(B) for 2015, $85 for an individual or $170 for a
family group of two or more persons;
``(C) for 2016, $100 for an individual or $200 for
a family group of two or more persons;
``(D) for 2017, $115 for an individual or $230 for
a family group of two or more persons;
``(E) for 2018, $125 for an individual or $250 for
a family group of two or more persons; and
``(F) for any year after 2018, the amount of the
applicable enrollment fee for the previous year
increased by the percentage by which retired pay is
increased under section 1401a of this title for such
year.
``(2) An annual deductible of the charges in a year for all
types of care authorized by this section and received while in
an outpatient status and 25 percent of all subsequent charges
for such care during a year. The amount of such annual
deductible for a year is--
``(A) for 2014, $160 for an individual or $320 for
a family group of two or more persons;
``(B) for 2015, $200 for an individual or $400 for
a family group of two or more persons;
``(C) for 2016, $230 for an individual or $460 for
a family group of two or more persons;
``(D) for 2017, $260 for an individual or $520 for
a family group for a family group of two or more
persons;
``(E) for 2018, $290 for an individual or $580 for
a family group of two or more persons; and
``(F) for any year after 2018, the amount of the
applicable deductible for the previous year increased
by the percentage by which retired pay is increased
under section 1401a of this title for such year.
``(3) 25 percent of the charges for inpatient care. The
Secretary of Defense may exempt a patient from paying such
charges if the hospital to which the patient is admitted does
not impose a legal obligation on any of its patients to pay for
inpatient care.
``(4) A person covered by this section may not be required
to pay a total in excess of a catastrophic cap, excluding the
amount of any annual enrollment fee under paragraph (1), for
health care received during any year under a plan contracted
for under section 1079(a) of this title. The amount of such
catastrophic cap for a year is--
``(A) for 2013, $3,000; and
``(B) for any year after 2013, the amount of the
catastrophic cap for the previous year increased by the
percentage by which retired pay is increased under
section 1401a of this title for such year.
``(5) Notwithstanding paragraphs (1), (2), and (4), for a
dependent of a member of the uniformed services who dies while
on active duty, a member retired under chapter 61 of this
title, or a dependent of such a member--
``(A) there is no annual enrollment fee;
``(B) the annual deductible referred to in
paragraph (2) for a year is $150 for an individual or
$300 for a family group of two or more persons; and
``(C) the catastrophic cap for a year is $3,000.''.
(c) TRICARE for Life Enrollment Fees.--Section 1086(d)(3) of such
title is amended by adding at the end the following new subparagraph:
``(D)(i) Beginning January 1, 2014, a person described in paragraph
(2) (except as provided in clauses (vi) and (vii)), shall pay an annual
enrollment fee as a condition of eligibility for health care benefits
under this section. Such enrollment fee shall be an amount (rounded to
the nearest dollar) equal to the applicable percentage (specified in
clause (ii)) of the retired pay of the member or former member upon
whom the covered beneficiary's eligibility is based, except that the
amount of such enrollment fee shall not be in excess of the applicable
maximum enrollment fee (specified in clause (iii)).
``(ii) The applicable percentage of retired pay shall be determined
in accordance with the following table:
----------------------------------------------------------------------------------------------------------------
The applicable percentage for a
``For: family group of two or more persons The applicable percentage for an
is: individual is:
----------------------------------------------------------------------------------------------------------------
2014 0.50% 0.25%
----------------------------------------------------------------------------------------------------------------
2015 1.00% 0.50%
----------------------------------------------------------------------------------------------------------------
2016 1.50% 0.75%
----------------------------------------------------------------------------------------------------------------
2017 and after 2.00% 1.00%.
----------------------------------------------------------------------------------------------------------------
``(iii) For any year 2014 through 2017, the applicable maximum
enrollment fees for a family group of two or more persons shall be
determined in accordance with the following table:
----------------------------------------------------------------------------------------------------------------
The applicable maximum enrollment The applicable maximum enrollment
fee for a family group whose fee for a family group whose
``For: eligibility is based upon a member eligibility is based upon a member
or former member of retired grade O- or former member of retired grade O-
7 or above is: 6 or below is:
----------------------------------------------------------------------------------------------------------------
2014 $200 $150
----------------------------------------------------------------------------------------------------------------
2015 $400 $300
----------------------------------------------------------------------------------------------------------------
2016 $600 $450
----------------------------------------------------------------------------------------------------------------
2017 $800 $600.
----------------------------------------------------------------------------------------------------------------
``(iv) For any year after 2017, the applicable maximum enrollment
fee shall be equal to the maximum enrollment fee for the previous year
increased by the percentage by which retired pay is increased under
section 1401a of this title for such year.
``(v) The applicable maximum enrollment fee for an individual shall
be one-half the corresponding maximum fee for a family group of two or
more persons (as determined under clauses (iii) and (iv)).
``(vi) Clause (i) shall not apply to a dependent of a member of the
uniformed services who dies while on active duty, a member retired
under chapter 61 of this title, or a dependent of such a member.
``(vii) Clause (i) also shall not apply to a person who, prior to
the date of the enactment of this subparagraph, met the conditions
described in paragraph (2)(A) and (B).''.
(d) TRICARE Pharmacy Program Requirements.--
(1) Availability of pharmaceutical agents through national
mail-order pharmacy program.--Section 1074g(a)(5) of such title
is amended--
(A) by striking ``at least one of the means
described in paragraph (2)(E)'' and inserting ``the
national mail-order pharmacy program''; and
(B) by striking ``may include'' and all that
follows through the end of the paragraph and inserting
``shall include cost sharing by the eligible covered
beneficiary as specified in paragraph (6).''.
(2) Cost sharing amounts.--Section 1074g(a)(6) of such
title is amended to read as follows:
``(6)(A) In the case of any of the years 2014 through 2023, the
cost sharing amounts referred to in paragraph (5) shall be determined
in accordance with the following table:
------------------------------------------------------------------------
The cost
The cost The cost The cost sharing The cost
sharing sharing sharing amount for amount for
amount for amount for amount for a 90-day a 90-day
``For: 30-day 30-day a 90-day supply of supply of
supply of a supply of a supply of a a mail a mail
retail retail mail order order order non-
generic is: formulary generic is: formulary formulary
is: is: is:
------------------------------------------------------------------------
2014 $5 $26 $0 $26 $51
------------------------------------------------------------------------
2015 $6 $28 $0 $28 $54
------------------------------------------------------------------------
2016 $7 $30 $0 $30 $58
------------------------------------------------------------------------
2017 $8 $32 $0 $32 $62
------------------------------------------------------------------------
2018 $9 $34 $9 $34 $66
------------------------------------------------------------------------
2019 $10 $36 $10 $36 $70
------------------------------------------------------------------------
2020 $11 $38 $11 $38 $75
------------------------------------------------------------------------
2021 $12 $40 $12 $40 $80
------------------------------------------------------------------------
2022 $13 $43 $13 $43 $85
------------------------------------------------------------------------
2023 $14 $45 $14 $45 $90.
------------------------------------------------------------------------
``(B) For any year after 2023, the cost sharing amounts referred to
in paragraph (5) shall be equal to the cost sharing amounts for the
previous year, adjusted by an amount, if any, as determined by the
Secretary to reflect changes in the costs of pharmaceutical agents and
prescription dispensing, rounded to the nearest dollar.
``(C) Notwithstanding subparagraphs (A) and (B), the cost-sharing
amounts referred to in paragraph (5) for any year for a dependent of a
member of the uniformed services who dies while on active duty, a
member retired under chapter 61 of this title, or a dependent of such a
member shall be equal to the cost sharing amounts, if any, for fiscal
year 2013.''.
(3) Refills of prescription maintenance medications through
the national mail order pharmacy program.--
(A) In general.--Such section 1074g is further
amended by adding at the end the following new
subsection:
``(i) Refills of Prescription Maintenance Medications Through the
National Mail Order Pharmacy Program.--
``(1) In general.--The pharmacy benefits program shall
require eligible covered beneficiaries to refill non-generic
prescription maintenance medications through military treatment
facility pharmacies or the national mail-order pharmacy
program.
``(2) Medications covered.--
``(A) Determination.--The Secretary shall determine
the maintenance medications subject to the requirement
under paragraph (1).
``(B) Supply.--In carrying out the requirement
under paragraph (1), the Secretary shall ensure that
the medications subject to the requirement under
paragraph (1) are--
``(i) generally available to eligible
covered beneficiaries through retail pharmacies
only for an initial filing of a 30-day or less
supply; and
``(ii) any refills of such medications are
obtained through a military treatment facility
pharmacy or the national mail-order pharmacy
program.
``(C) Exemption.--The Secretary may exempt the
following prescription maintenance medications from the
requirements in subparagraph (B):
``(i) Medications that are for acute care
needs.
``(ii) Such other medications as the
Secretary determines appropriate.''.
(B) Conforming amendment.--Section 716 of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 125 Stat. 1804) is repealed.
(e) Additional Realignment of TRICARE Health Benefit Years From
Fiscal Year to Calendar Year Basis.--
(1) TRICARE standard.--Section 1079(b) of such title 10 is
amended by striking ``fiscal'' each place it appears.
(2) Transition period.--The Secretary of Defense shall
prescribe regulations to transition TRICARE health plan benefit
years from a fiscal-year basis to a calendar-year basis
pursuant to the amendments made by this subsection.
(3) Conforming and technical amendments.--Section 724 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 10 U.S.C. 1073 note) is amended--
(A) in subsection (b)--
(i) by striking ``For each fiscal year
beginning after September 30, 1997, the'' and
inserting ``The'';
(ii) by inserting ``during any year'' after
``by designated providers''; and
(iii) by striking ``fiscal year.'' and
inserting ``year.''; and
(B) in subsection (d)(2)(B)--
(i) by striking ``For each fiscal year
beginning after September 30, 2003, the'' and
inserting ``The'';
(ii) by striking ``during such fiscal
year'' the first place it appears and inserting
``during any year''; and
(iii) by striking ``fiscal year.'' and
inserting ``year.''.
(f) Authority To Adjust Payments Into the Medicare-Eligible Retiree
Health Care Fund.--Section 1116 of such title is amended by adding at
the end the following new subsection:
``(e)(1) During any fiscal year, if the Secretary of Defense
determines that the amount certified under subsection (c) is no longer
accurate because of a significant change in circumstances or law, the
Secretary of Defense may, if appropriate, certify a revised amount
determined in accordance with subsection (b)(2) to the Secretary of the
Treasury.
``(2) If the Secretary of Defense makes a certification under
paragraph (1), each other administering Secretary shall make and advise
the Secretary of the Treasury of a revised determination, consistent
with section 1111(c) of this title.
``(3) If a certification and determination are made under
paragraphs (1) and (2), the Secretary of the Treasury shall promptly
pay into or recoup from the Fund the difference between the amount paid
into the Fund under subsection (a) and the amount certified or
determined by the administering Secretary under paragraph (1) or
(2).''.
SEC. 702. REQUIREMENT FOR MEDICARE PARTICIPATING PHYSICIAN OR SUPPLIER
TO ACCEPT TRICARE AND VETERANS AFFAIRS PARTICIPATING
RATES.
Section 1842(h)(1) of the Social Security Act (42 U.S.C.
1395u(h)(1)) is amended by adding at the end the following new
sentence: ``Any physician or supplier who voluntarily enters into an
agreement with the Secretary to become a participating physician or
supplier shall be deemed to have agreed to be a participating provider
of medical care or services under any health plan contracted for under
section 1079 or 1086 of title 10, United States Code, or under section
1781 of title 38, United States Code, in accordance with the payment
methodology and amounts prescribed under joint regulations prescribed
by the Secretary, the Secretary of Defense, and the Secretary of
Homeland Security pursuant to sections 1079 and 1086 of title 10,
United States Code.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SEC. 801. CLARIFICATION OF SCOPE OF SUPPLIES COVERED BY STATUTORY RAPID
ACQUISITION AUTHORITY.
Section 806(g) of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302 note) is
amended--
(1) by striking ``Associated Support Services Defined.--In
the section, the term'' and inserting ``Definitions.--In this
section:''; and
(2) by adding at the end the following new paragraph:
``(2) Supplies.--The term `supplies' means all property
except land or interest in land.''.
SEC. 802. REDUCTION IN COSTS TO REPORT CRITICAL CHANGES TO MAJOR
AUTOMATED INFORMATION SYSTEM PROGRAMS.
(a) Extension of a Program Defined.--Section 2445a of title 10,
United States Code, is amended adding at the end the following new
subsection:
``(g) Extension of a Program.--In this chapter, the term `extension
of a program' means, with respect to a major automated information
system program or other major information technology investment
program, the further deployment or planned deployment to additional
users of the system which has already been found operationally
effective and suitable by an independent test agency or the Director of
Operational Test and Evaluation, beyond the scope planned in the
original estimate or information originally submitted on the
program.''.
(b) Reports on Critical Changes in MAIS Programs.--Subsection (d)
of section 2445c of such title is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Notification when variance due to congressional
action or extension of program.--If a senior Department of
Defense official who, following receipt of a quarterly report
described in paragraph (1) and making a determination described
in paragraph (3), also determines that the circumstances
resulting in the determination described in paragraph (3)
either (A) are primarily the result of congressional action, or
(B) are primarily due to an extension of a program, the
official may, in lieu of carrying out an evaluation and
submitting a report in accordance with paragraph (1), submit to
the congressional defense committees, within 45 days after
receiving the quarterly report, a notification that the
official has made those determinations. If such a notification
is submitted, the limitation in subsection (g)(1) does not
apply with respect to that determination under paragraph
(3).''.
(c) Conforming Cross-Reference Amendment.--Subsection (g)(1) of
such section is amended by striking ``subsection (d)(2)'' and inserting
``subsection (d)(3)''.
(d) Total Acquisition Cost Information.--
(1) Section 2445b(b)(3) of title 10, United States Code, is
amended by striking ``development costs'' and inserting ``total
acquisition costs''.
(2) Section 2445c of such title is amended--
(A) in subparagraph (B) of subsection (c)(2), by
striking ``program development cost'' and inserting
``total acquisition cost''; and
(B) in subparagraph (C) of subsection (d)(3) (as
redesignated by subsection (b)(2)), by striking
``program development cost'' and inserting ``total
acquisition cost''.
(e) Clarification of Cross-Reference.--Section 2445c(g)(2) of such
title is amended by striking ``in compliance with the requirements of
subsection (d)(2)'' and inserting ``under subsection (d)(1)(B)''.
SEC. 803. MODIFICATION OF REPORTING REQUIREMENT FOR DEPARTMENT OF
DEFENSE BUSINESS SYSTEM ACQUISITION PROGRAMS WHEN INITIAL
OPERATING CAPABILITY IS NOT ACHIEVED WITHIN FIVE YEARS OF
MILESTONE A APPROVAL.
(a) Submission to Pre-Certification Authority.--Subsection (b) of
section 811 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2316) is amended by
striking ``the system shall be deemed to have undergone'' and all that
follows through the period and inserting ``the appropriate official
shall report such failure, along with the facts and circumstances
surrounding the failure, to the appropriate pre-certification authority
for that system under section 2222 of title 10, United States Code, and
the information so reported shall be considered by the pre-
certification authority in the decision whether to recommend
certification of obligations under that section.''.
(b) Covered Systems.--Subsection (c) of such section is amended--
(1) by striking ``3542(b)(2) of title 44'' and inserting
``section 2222(j)(2) of title 10''; and
(2) by inserting ``, and that is not designated in section
2445a of title 10, United States Code, as a `major automated
information system program' or an `other major information
technology investment program''' before the period at the end.
(c) Updated References to DoD Issuances.--Subsection (d) of such
section is amended--
(1) in paragraph (1), by striking ``Department of Defense
Instruction 5000.2'' and inserting ``Department of Defense
Directive 5000.01''; and
(2) in paragraph (2), by striking ``Department of Defense
Instruction 5000.2, dated May 12, 2003'' and inserting
``Department of Defense Instruction 5000.02, dated December 3,
2008''.
SEC. 804. ENHANCED TRANSFER OF TECHNOLOGY DEVELOPED AT DEPARTMENT OF
DEFENSE LABORATORIES.
(a) Definitions.--As used in this section:
(1) The terms ``department'' and ``military department''
have the meaning given those terms in section 101 of title 10,
United States Code.
(2) The term ``DoD laboratory'' or ``laboratory'' means any
facility or group of facilities that--
(A) is owned, leased, operated, or otherwise used
by the Department of Defense; and
(B) meets the definition of ``laboratory'' as
provided in subsection (d)(2) of section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a).
(b) Authority.--
(1) In general.--The Secretary of Defense and the
Secretaries of the military departments each may authorize the
heads of DoD laboratories to grant nonexclusive, exclusive, or
partially exclusive licenses, royalty free or for royalties or
for rights to other intellectual property, for computer
software and its related documentation developed at a DoD
laboratory, but only if--
(A) the computer software and related documentation
would be a trade secret under the meaning of section
552(b)(4) of title 5, United States Code, if the
information had been obtained from a non-Federal party;
(B) the public is notified of the availability of
the software and related documentation for licensing
and interested parties have a fair opportunity to
submit applications for licensing;
(C) such licensing activities and licenses shall
comply with the requirements under section 209 of title
35, United States Code; and
(D) the software originally was developed to meet
the military needs of the Department of Defense.
(2) Protections against unauthorized disclosure.--The
Secretary of Defense and the Secretaries of the military
departments each shall provide appropriate precautions against
the unauthorized disclosure of any computer software or
documentation covered by paragraph (1)(A), including exemption
from section 552 of title 5, United States Code, for a period
of up to 5 years after the development of the computer software
by the DoD laboratory.
(c) Royalties.--
(1) Use of royalties.--Except as provided in paragraph (2),
any royalties or other payments received by the department from
licensing computer software or documentation under paragraph
(b)(1) shall be retained by the department and shall be
disposed of as follows:
(A)(i) The department shall pay each year the first
$2,000, and thereafter at least 15 percent, of the
royalties or other payments to be divided among the
employees who developed the computer software.
(ii) The department may provide appropriate lesser
incentives, from royalties or other payments, to
laboratory employees who are not developers of such
computer software but who substantially increased the
technical value of the software.
(iii) The department shall retain the royalties and
other payments received until it makes payments to
employees of a DoD laboratory under clause (i) or (ii).
(iv) The department may retain an amount reasonably
necessary to pay expenses incidental to the
administration and distribution of royalties or other
payments under this section by an organizational unit
of the department other than its laboratories.
(B) The balance of the royalties or other payments shall be
transferred by the department to its laboratories, with the
majority share of the royalties or other payments going to the
laboratory where the development occurred. The royalties or
other payments so transferred to any DoD laboratory may be used
or obligated by that laboratory during the fiscal year in which
they are received or during the 2 succeeding fiscal years--
(i) to reward scientific, engineering, and
technical employees of the DoD laboratory, including
developers of sensitive or classified technology,
regardless of whether the technology has commercial
applications;
(ii) to further scientific exchange among the
laboratories of the agency;
(iii) for education and training of employees
consistent with the research and development missions
and objectives of the department or DoD laboratory, and
for other activities that increase the potential for
transfer of the technology of the laboratories;
(iv) for payment of expenses incidental to the
administration and licensing of computer software or
other intellectual property made at that DoD
laboratory, including the fees or other costs for the
services of other agencies, persons, or organizations
for intellectual property management and licensing
services; or
(v) for scientific research and development
consistent with the research and development missions
and objectives of the DoD laboratory.
(C) All royalties or other payments retained by the
department or DoD laboratory after payments have been made
pursuant to subparagraphs (A) and (B) that are unobligated and
unexpended at the end of the second fiscal year succeeding the
fiscal year in which the royalties and other payments were
received shall be paid into the Treasury.
(2) Exception.--If, after payments under paragraph (1)(A),
the balance of the royalties or other payments received by the
department in any fiscal year exceed 5 percent of the funds
received for use by the DoD laboratory for research,
development, engineering, testing and evaluation or other
related administrative, processing or value-added activities
for that year, 75 percent of such excess shall be paid to the
Treasury of the United States and the remaining 25 percent may
be used or obligated under paragraph (1)(B). Any funds not so
used or obligated shall be paid into the Treasury of the United
States.
(3) Status of payments to employees.--Any payment made to
an employee under this section shall be in addition to the
regular pay of the employee and to any other awards made to the
employee, and shall not affect the entitlement of the employee
to any regular pay, annuity, or award to which the employee is
otherwise entitled or for which the employee is otherwise
eligible or limit the amount thereof except that the monetary
value of an award for the same project or effort shall be
deducted from the amount otherwise available under this
paragraph. Payments, determined under the terms of this
paragraph and made to an employee developer as such, may
continue after the developer leaves the DoD laboratory or
department. Payments made under this section shall not exceed
$75,000 per year to any one person, unless the President
approves a larger award (with the excess over $75,000 being
treated as a Presidential award under section 4504 of title 5).
(d) Information in Report.--The report required by section 2515(d)
of title 10, United States Code, shall include information regarding
the implementation and effectiveness of this section.
(e) Expiration.--The authority provided in this section shall
expire on December 31, 2018.
SEC. 805. EXTENSION OF AUTHORITY FOR PROGRAM TO AWARD PRIZES FOR
ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 2374a of title 10, United States Code, is amended by
striking ``September 30, 2013'' in subsection (f) and inserting
``September 30, 2017''.
SEC. 806. REVISIONS TO ELIGIBILITY FOR, AND AMOUNT OF, FINANCIAL
ASSISTANCE UNDER DEPARTMENT OF DEFENSE SCIENCE,
MATHEMATICS, AND RESEARCH FOR TRANSFORMATION PROGRAM.
(a) Eligibility for Educational Assistance.--Paragraph (1) of
section 2192a(b) of title 10, United States Code, is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(b) Amount of Educational Assistance.--Paragraph (2) of such
section is amended by striking ``the amount determined'' and all that
follows through ``room and board'' and inserting ``an amount determined
by the Secretary of Defense''.
(c) Concurrence of Secretary of State for Awards to Non-Citizens.--
Such section is further amended by adding at the end the following new
paragraph:
``(4) For the purposes of paragraph (1), a scholarship or
fellowship awarded to a person who is not a citizen of the United
States may only be awarded with the concurrence of the Secretary of
State.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. CLARIFICATION OF THE ORDER OF PRECEDENCE FOR THE PRINCIPAL
DEPUTY UNDER SECRETARIES OF DEFENSE.
Subsection (d) of section 137a of title 10, United States Code, is
amended by striking ``and the Deputy Chief Management Officer of the
Department of Defense.'' and inserting ``the Deputy Chief Management
Officer of the Department of Defense, and the officials serving in
positions specified in section 131(b)(4) of this title.''.
SEC. 902. UPDATE OF STATUTORY SPECIFICATION OF FUNCTIONS OF THE
CHAIRMAN OF THE JOINT CHIEFS OF STAFF RELATING TO
DOCTRINE, TRAINING, AND EDUCATION.
Paragraph (5) of section 153(a) of title 10, United States Code, is
amended--
(1) in the paragraph heading, by striking ``Doctrine,
training, and education'' and inserting ``Joint force
development activities'';
(2) in subparagraph (B), by inserting ``and technical
standards, and executing actions'' after ``policies'';
(3) in subparagraph (C), by striking ``and training''; and
(4) by adding at the end the following new subparagraphs:
``(D) Formulating policies for concept development and
experimentation for the joint employment of the armed forces.
``(E) Formulating policies for gathering, developing, and
disseminating joint lessons learned for the armed forces.''.
SEC. 903. REVISION OF SECRETARY OF DEFENSE AUTHORITY TO ENGAGE IN
COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE
COLLECTION ACTIVITIES.
(a) Period for Required Audits.--Section 432(b)(2) of such title is
amended by striking ``annually'' in the first sentence and inserting
``biennially''.
(b) Repeal of Designation of Defense Intelligence Agency as
Required Oversight Authority Within Department of Defense.--Section
436(4) of such title is amended--
(1) by striking ``within the Defense Intelligence Agency''
and inserting ``within the Department of Defense''; and
(2) by striking ``management and supervision'' and
inserting ``oversight''.
(c) Technical Amendments.--
(1) Definition of congressional intelligence committees.--
Section 437 of such title is amended--
(A) in subsections (a) and (b), by inserting
``congressional'' before ``intelligence committees'';
and
(B) by adding at the end the following new
subsection:
``(c) Congressional Intelligence Committees Defined.--In this
section, the term `congressional intelligence committees' has the
meaning given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 401a).''.
(2) Conforming amendments.--The second sentence of section
432(b)(2) of such title is amended--
(A) by inserting ``congressional'' before
``intelligence committees''; and
(B) by striking ``section 437(d)'' and inserting
``section 437(c)''.
SEC. 904. CHANGE TO REFERENCE TO THE MAJOR DEPARTMENT OF DEFENSE
HEADQUARTERS ACTIVITIES ISSUANCE.
Section 194(f) of title 10, United States Code, is amended by
striking ``Directive 5100.73'' and all that follows and inserting
``Instruction 5100.73, entitled `Major DoD Headquarters Activities'.''
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Subtitle B--Naval Vessels
SEC. 1011. REPEAL OF POLICY RELATING TO PROPULSION SYSTEMS OF ANY NEW
CLASS OF MAJOR COMBATANT VESSELS OF THE STRIKE FORCES OF
THE UNITED STATES NAVY.
Section 1012 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 303), as most recently amended
by section 1013 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 1908), is repealed.
SEC. 1012. REPEAL OF REQUIREMENTS RELATING TO PROCUREMENT OF FUTURE
SURFACE COMBATANTS.
Section 125 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat 2214) is repealed.
Subtitle C--Other Matters
SEC. 1031. MANAGEMENT OF DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Secretary of Defense Authority.--Chapter 159 of title 10,
United States Code, is amended by inserting after section 2671 the
following new section:
``Sec. 2672. Protection of property
``(a) In General.--The Secretary of Defense shall protect the
buildings, grounds, and property that are under the jurisdiction,
custody, or control of the Department of Defense and the persons on
that property.
``(b) Officers and Agents.--
``(1) Designation.--(A) The Secretary may designate
military or civilian personnel of the Department of Defense as
officers and agents to perform the functions of the Secretary
under subsection (a), including, with regard to civilian
officers and agents, duty in areas outside the property
specified in that subsection to the extent necessary to protect
that property and persons on that property.
``(B) A designation under subparagraph (A) may be made by
individual, by position, by installation, or by such other
category of personnel as the Secretary determines appropriate.
``(C) In making a designation under subparagraph (A) with
respect to any category of personnel, the Secretary shall
specify each of the following:
``(i) The personnel or positions to be included in
the category.
``(ii) Which authorities provided for in paragraph
(2) may be exercised by personnel in that category.
``(iii) In the case of civilian personnel in that
category--
``(I) which authorities provided for in
paragraph (2), if any, are authorized to be
exercised outside the property specified in
subsection (a); and
``(II) with respect to the exercise of any
such authorities outside the property specified
in subsection (a), the circumstances under
which coordination with law enforcement
officials outside of the Department of Defense
should be sought in advance.
``(D) The Secretary may make a designation under
subparagraph (A) only if the Secretary determines, with respect
to the category of personnel to be covered by that designation,
that--
``(i) the exercise of each specific authority
provided for in paragraph (2) to be delegated to that
category of personnel is necessary for the performance
of the duties of the personnel in that category and
such duties cannot be performed as effectively without
such authorities; and
``(ii) the necessary and proper training for the
authorities to be exercised is available to the
personnel in that category.
``(2) Powers.--Subject to subsection (h) and to the extent
specifically authorized by the Secretary, while engaged in the
performance of official duties pursuant to this section, an
officer or agent designated under this subsection may--
``(A) enforce Federal laws and regulations for the
protection of persons and property;
``(B) carry firearms;
``(C) make arrests--
``(i) without a warrant for any offense
against the United States committed in the
presence of the officer or agent; or
``(ii) for any felony cognizable under the
laws of the United States if the officer or
agent has reasonable grounds to believe that
the person to be arrested has committed or is
committing a felony;
``(D) serve warrants and subpoenas issued under the
authority of the United States; and
``(E) conduct investigations, on and off the
property in question, of offenses that may have been
committed against property under the jurisdiction,
custody, or control of the Department of Defense or
persons on such property.
``(c) Regulations.--
``(1) In general.--The Secretary may prescribe regulations,
including traffic regulations, necessary for the protection and
administration of property under the jurisdiction, custody, or
control of the Department of Defense and persons on that
property. The regulations may include reasonable penalties,
within the limits prescribed in paragraph (2), for violations
of the regulations. The regulations shall be posted and remain
posted in a conspicuous place on the property to which they
apply.
``(2) Penalties.--A person violating a regulation
prescribed under this subsection shall be fined under title 18,
imprisoned for not more than 30 days, or both.
``(d) Limitation on Delegation of Authority.--The authority of the
Secretary of Defense under subsections (b) and (c) may be exercised
only by the Secretary or Deputy Secretary of Defense.
``(e) Disposition of Persons Arrested.--A person who is arrested
pursuant to authority exercised under subsection (b) may not be held in
a military confinement facility, other than in the case of a person who
is subject to chapter 47 of this title (the Uniform Code of Military
Justice).
``(f) Facilities and Services of Other Agencies.--In implementing
this section, when the Secretary determines it to be economical and in
the public interest, the Secretary may utilize the facilities and
services of Federal, State, tribal, and local law enforcement agencies,
with the consent of those agencies, and may reimburse those agencies
for the use of their facilities and services.
``(g) Authority Outside Federal Property.--For the protection of
property under the jurisdiction, custody, or control of the Department
of Defense and persons on that property, the Secretary may enter into
agreements with Federal agencies and with State, tribal, and local
governments to obtain authority for civilian officers and agents
designated under this section to enforce Federal laws and State,
tribal, and local laws concurrently with other Federal law enforcement
officers and with State, tribal, and local law enforcement officers.
``(h) Attorney General Approval.--The powers granted pursuant to
subsection (b)(2) to officers and agents designated under subsection
(b)(1) shall be exercised in accordance with guidelines approved by the
Attorney General.
``(i) Limitation on Statutory Construction.--Nothing in this
section shall be construed--
``(1) to preclude or limit the authority of any Federal law
enforcement agency;
``(2) to restrict the authority of the Secretary of
Homeland Security or of the Administrator of General Services
to promulgate regulations affecting property under the custody
and control of that Secretary or the Administrator,
respectively;
``(3) to expand or limit section 21 of the Internal
Security Act of 1950 (50 U.S.C. 797);
``(4) to affect chapter 47 of this title; or
``(5) to restrict any other authority of the Secretary of
Defense or the Secretary of a military department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2671 the following new item:
``2672. Protection of property.''.
SEC. 1033. REPEAL AND MODIFICATION OF REPORTING REQUIREMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 113 is amended by striking subsection (m).
(2) Section 117 is amended by striking subsection (e).
(3) Section 127 is amended by striking subsection (d).
(4) Section 129 is amended by striking subsection (f).
(5) Section 153 is amended by striking subsection (c).
(6)(A) Section 229 is repealed.
(B) The table of sections at the beginning of chapter 9 is
amended by striking the item relating to section 229.
(7)(A) Section 483 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 483.
(8)(A) Section 489 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 489.
(9) Section 1130 by striking subsection (b).
(10) Section 1557 is amended by striking subsection (e).
(11)(A) Section 1563 is repealed.
(B) The table of sections at the beginning of chapter 80 is
amended by striking the item relating to section 1563.
(12) Section 1781b is amended by striking subsection (d).
(13) Section 2216 is amended by striking subsection (i).
(14) Section 2244a(c) is amended by striking the second
sentence.
(15) Section 2350b is amended by striking subsection (d).
(16) Section 2350j is amended by striking subsection (e).
(17) Section 2350m is amended by striking subsection (e).
(18)(A) Section 2352 is repealed.
(B) The table of sections at the beginning of chapter 139
is amended by striking the item relating to section 2352.
(19) Section 2410i(c) is amended by striking the last
sentence.
(20)(A) Section 2475 is repealed.
(B) The table of sections at the beginning of chapter 146
is amended by striking the item relating to section 2475.
(21)(A) Section 2504 is repealed.
(B) The table of sections at the beginning of subchapter II
of chapter 148 is amended by striking the item relating to
section 2504.
(22)(A) Section 2536(b) is amended by striking paragraph
(2).
(B) Such section is further amended--
(i) by striking ``(1)'' after ``Authority.--'';
(ii) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(iii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively.
(23) Section 2804(b) is amended by striking the last
sentence.
(24) Section 2827 is amended--
(A) by striking ``(a) Subject to subsection (b),
the Secretary'' and inserting ``The Secretary''; and
(B) by striking subsection (b).
(25) Section 2828 is amended by striking subsection (f).
(26) Section 2835 is amended--
(A) in subsection (a), by striking ``Subject to
subsection (b), the Secretary'' and inserting ``The
Secretary'';
(B) by striking subsection (b); and
(C) by striking subsection (g).
(27) Section 2837 is amended--
(A) in subsection (c)--
(i) by striking ``(1)'' after
``Opportunities.--''; and
(ii) by striking paragraph (2); and
(B) by striking subsection (f).
(28) Section 2854a is amended by striking subsection (c).
(29) Section 2861 is amended by striking subsections (c)
and (d).
(30) Section 2866(c) is amended--
(A) by striking ``(1)'' before ``The Secretary'';
and
(B) by striking paragraph (2).
(31) Section 2875 is amended by striking subsection (e).
(32)(A) Section 2884 is amended--
(i) by striking subsection (b); and
(ii) in subsection (a)--
(I) by striking ``Project Reports.--(1)''
and inserting ``Reports.--'';
(II) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
and
(III) by striking ``(2) For each'' and
inserting ``(b) Content of Reports.--(1) For
each''.
(B) Such section is further amended--
(i) by redesignating paragraphs (3) and (4) of
subsection (b) of such section (as designated by
subparagraph (A)(ii)(III)) as paragraphs (2) and (3),
respectively; and
(ii) in paragraph (2) of subsection (b), as so
redesignated, by striking ``contract described in
paragraph (1)'' and inserting ``contract described in
subsection (a)''.
(C)(i) The heading of such section is amended to
read as follows:
``Sec. 2884. Project reports''.
(ii) The item relating to that section in the table
of sections at the beginning of subchapter IV of
chapter 169 is amended to read as follows:
``2884. Project reports.''.
(33) Section 2885(a)(3) is amended by striking ``If a
project'' and inserting ``In the case of a project for new
construction, if the project''.
(34) Section 2916 is amended by striking subsection (c).
(b) Annual National Defense Authorization Acts.--
(1) Fiscal year 2011.--Section 892 of The Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2306a note) is amended by striking
subsection (b).
(2) Fiscal year 2009.--The Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417) is
amended as follows:
(A) Section 354 (10 U.S.C. 221 note) is repealed.
(B) Section 903(b)(5) (10 U.S.C. 2228 note) is
amended to read as follows:
``(5) Not later than December 31 each year, the corrosion control
and prevention executive of a military department shall submit to the
Secretary of Defense a report containing recommendations pertaining to
the corrosion control and prevention program of the military
department. The report each year shall include recommendations for the
funding levels necessary for the executive to carry out the duties of
the executive under this section.''.
(C) Section 1047(d) (10 U.S.C. 2366b note) is
amended--
(i) by striking ``Requirements.--'' and all
that follows through ``The Secretary'' and
inserting ``Requirements.--The Secretary'';
(ii) by striking paragraph (2); and
(iii) by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2),
respectively.
(3) Fiscal year 2008.--The National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181) is amended as
follows:
(A) Section 911 (10 U.S.C. 2271 note) is amended by
striking paragraph (2) of subsection (f).
(B) Section 1074(b)(6) (10 U.S.C. 113 note) is
amended--
(i) in subparagraph (A), by striking ``The
Secretary'' and inserting ``Except as provided
in subparagraph (D), the Secretary''; and
(ii) by adding at the end the following new
subparagraph:
``(D) Exceptions.--Subparagraph (A) does not apply
in the case of--
``(i) an individual described in paragraph
(2)(C) who is otherwise sponsored by the
Secretary of Defense, the Deputy Secretary of
Defense, the Chairman of the Joint Chiefs of
Staff, or the Vice Chairman of the Joint Chiefs
of Staff; or
``(ii) an individual described in paragraph
(2)(E).''.
(C) Section 2864 (10 U.S.C. 2911 note) is repealed.
(4) Fiscal year 2007.--The John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is
amended as follows:
(A) Section 226 (120 Stat. 2131) is repealed.
(B) Section 323 (10 U.S.C. 229 note) is amended by
striking subsection (c).
(5) Fiscal year 2003.--Section 817 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 10 U.S.C. 2306a note) is amended by striking
subsections (d) and (e)(2).
(6) Fiscal year 2000.--Section 1409 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22
U.S.C. 2778 note) is amended by striking subsection (b).
(7) Fiscal year 1999.--Section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 5 U.S.C. 3104 note) is amended by striking
subsection (g).
(8) Fiscal year 1991.--Section 4004(d) of the National
Defense Authorization Act for Fiscal Year 1991 10 U.S.C. 2391)
is amended--
(A) by inserting ``and'' at the end of paragraph
(1);
(B) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3).
(c) Defense Acquisition Improvement Act of 1986.--Section 908 of
the Defense Acquisition Improvement Act of 1986 (as contained in
section 101(c) of Public Law 99-500 and identically enacted in section
101(c) of Public Law 99-591 and title IX of Public Law 99-661) (10
U.S.C. 2326 note) is amended by striking subsection (b).
(d) Foreign Assistance Act of 1961.--The Foreign Assistance Act of
1961 is amended as follows:
(1) Section 516(f)(1) (22 U.S.C. 2321j(f)(1)) is amended by
striking ``excess defense articles that are significant
military equipment (as defined in section 47(9) of the Arms
Export Control Act) or''.
(2) Section 656 (22 U.S.C. 2416) is repealed.
(e) Arms Export Control Act.--Section 36(a) of the Arms Export
Control Act (22 U.S.C. 2776(a)) is amended--
(1) by striking ``end of each quarter'' in the matter
preceding paragraph (1) and inserting ``end of each fiscal
year'';
(2) by striking ``during the fiscal year in which'' in
paragraphs (2) and (3) and inserting ``during the fiscal year
for which'';
(3) by striking ``in the quarter of the fiscal year
immediately following the quarter'' in paragraph (5) and
inserting ``in the fiscal year'';
(4) by striking paragraph (6); and
(5) by striking ``quarter'' each place it appears in
paragraphs (8), (9), and (10) and inserting ``fiscal year''.
(f) Security Reports.--
(1) Section 3151 of the Department of Energy Facilities
Safeguards, Security, and Counterintelligence Enhancement Act
of 1999 (subtitle D of title XXXI of Public Law 106-65; 42
U.S.C. 7383e) is repealed.
(2) Section 4507 of the Atomic Energy Defense Act (50
U.S.C. 2658) is repealed.
(3) Section 4508 of the Atomic Energy Defense Act (50
U.S.C. 2659) is repealed.
(g) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 3002(c) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 435c(c)) is amended by striking paragraph (4).
(h) Uniformed and Overseas Citizens Absentee Voting Act.--Section
105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-4a(b)) is amended--
(1) in the subsection heading, by striking ``Annual
Report'' and inserting ``Biennial Report'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``March 31 of each year'' and
inserting ``September 30 of each odd-numbered year'';
and
(B) by striking ``the following information'' and
inserting ``the following information with respect to
the Federal election held during the preceding calendar
year''; and
(3) in paragraph (3), by striking ``In the case of'' and
all that follows through ``a description'' and inserting ``A
description''.
(i) Department of Defense Appropriations Act, 2002.--Section
8159(c) of the Department of Defense Appropriations Act, 2002 (division
A of Public Law 107-117; 115 Stat. 2284), is amended by striking
paragraph (7).
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. EXPANSION OF PROTECTION OF EMPLOYEES OF NONAPPROPRIATED FUND
INSTRUMENTALITIES FROM REPRISALS.
Section 1587(b) of title 10, United States Code, is amended by
inserting ``, threaten to take,'' after ``take'' the third place it
appears.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
SEC. 1201. FIVE-YEAR EXTENSION OF AUTHORIZATION FOR NON-CONVENTIONAL
ASSISTED RECOVERY CAPABILITIES.
Subsection (h) of section 943 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4579), as amended by section 1205(g) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1624), is further amended by striking ``2013'' and inserting ``2018''.
SEC. 1202. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS DEFENSE
ARTICLES.
Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(g)(1)) is amended by striking ``$425,000,000'' and inserting
``$500,000,000''.
TITLE XIII--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1301. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2014
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for Defense Working
Capital Funds in the amount of $1,545,827,000.
SEC. 1302. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2014
for the National Defense Sealift Fund in the amount of $730,700,000.
SEC. 1303. JOINT URGENT OPERATIONAL NEEDS FUND.
Funds are hereby authorized to be appropriated for fiscal year 2014
for the Joint Urgent Operational Needs Fund in the amount of
$98,800,000.
SEC. 1304. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2014
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, in the amount of $1,057,123,000, of
which--
(1) $451,572,000 is for Operation and Maintenance;
(2) $604,183,000 is for Research, Development, Test, and
Evaluation; and
(3) $1,368,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1305. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2014 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
in the amount of $938,545,000.
SEC. 1306. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2014 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, in the amount of $312,131,000, of which--
(1) $311,131,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.
SEC. 1307. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2014 for expenses, not otherwise provided
for, for the Defense Health Program, in the amount of $33,351,528,000,
of which--
(1) $31,950,734,000 is for Operation and Maintenance;
(2) $729,613,000 is for Research, Development, Test, and
Evaluation; and
(3) $671,181,000 is for Procurement.
Subtitle B--National Defense Stockpile
SEC. 1311. AUTHORITY TO ACQUIRE ADDITIONAL MATERIALS FOR THE NATIONAL
DEFENSE STOCKPILE.
Section 1411 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1654), is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Acquisition Authority.--(1) Using funds available in the
National Defense Stockpile Transaction Fund, the National Defense
Stockpile Manager may acquire the following materials determined to be
strategic and critical materials required to meet the defense,
industrial, and essential civilian needs of the United States:
``(A) Ferroniobium.
``(B) Dysprosium Metal.
``(C) Yttrium Oxide.
``(2) The National Defense Stockpile Manager may use up to
$22,000,000 of the National Stockpile Transaction Fund for acquisition
of the materials specified in paragraph (1).
``(3) The authority under this subsection is available for
purchases during fiscal year 2014 through fiscal year 2019.''.
Subtitle C--Other Matters
SEC. 1321. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH
CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated for section 507 and available for the Defense Health
Program for operation and maintenance, $143,087,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b)
of such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1322. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2014
from the Armed Forces Retirement Home Trust Fund the sum of $67,800,000
for the operation of the Armed Forces Retirement Home.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2014''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2016; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2017.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2016; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2017 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alaska........................................ Fort Wainwright................................ $103,000,000
Colorado...................................... Fort Carson.................................... $242,200,000
Florida....................................... Eglin AFB...................................... $4,700,000
Georgia....................................... Fort Gordon.................................... $61,000,000
Hawaii........................................ Fort Shafter................................... $75,000,000
Kansas........................................ Fort Leavenworth............................... $17,000,000
Kentucky...................................... Fort Campbell.................................. $4,800,000
Maryland...................................... Aberdeen Proving Ground........................ $21,000,000
Fort Detrick................................... $7,100,000
Missouri...................................... Fort Leonard Wood.............................. $90,700,000
North Carolina................................ Fort Bragg..................................... $5,900,000
Texas......................................... Fort Bliss..................................... $46,800,000
Virginia...................................... Joint Base Langley-Eustis...................... $50,000,000
Washington.................................... Joint Base Lewis-McChord....................... $144,000,000
Yakima......................................... $9,100,000.
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Kwajalein...................................... Kwajalein Atoll................................ $63,000,000
Worldwide Classified........................... Classified Location............................ $33,000,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(5)(A),
the Secretary of the Army may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amounts
set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................. South Camp Vilseck........ 29........................ $16,600,000
Wisconsin............................... Fort McCoy................ 56........................ $23,000,000.
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $4,408,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2013, for military construction, land
acquisition, and military family housing functions of the Department of
the Army in the total amount of $1,676,754,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $882,300,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $96,000,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$25,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $74,575,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $44,008,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $512,871,000.
(6) For the construction of increment 2 of the Cadet
Barracks at the United States Military Academy, New York,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public
Law 112-239; 126 Stat. 2119), $42,000,000.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2004 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1697) for Picatinny
Arsenal, New Jersey, for construction of an Explosives Research and
Development Loading Facility at the installation, the Secretary of the
Army may use available unobligated balances of amounts appropriated for
military construction for the Army to complete work on the project
within the scope specified for the project in the justification data
provided to Congress as part of the request for authorization of the
project.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2011 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2011 (division B of Public Law 111-383; 124 Stat. 4437) for Fort Lewis,
Washington, for construction of a Regional Logistic Support Complex at
the installation, the Secretary of the Army may construct up to 98,381
square yards of Organizational Vehicle Parking.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2010 PROJECT.
In the case of the authorization contained in the table in section
2101(b) of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2629) for Camp
Arifjan, Kuwait, for construction of APS Warehouses at the camp, the
Secretary of the Army may construct up to 74,976 square meters of
hardstand parking, 22,741 square meters of access roads, a 6 megawatt
power plant, and 50,724 square meters of humidity-controlled
warehouses.
SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2010
PROJECTS.
(a) Extensions.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2010 (division B of
Public Law 111-84; 123 Stat. 2627), the authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (123
Stat. 2628), shall remain in effect until October 1, 2014, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2015, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2010 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia............................... Fort Belvoir.............. Road and Access Control $9,500,000
Point.
Washington............................. Fort Lewis................ Fort Lewis-McChord AFB $9,000,000
Joint Access.
Kuwait................................. Camp Arifjian............. APS Warehouses............ $82,000,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2011
PROJECTS.
(a) Extensions.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B of
Public Law 111-383; 124 Stat. 4436), the authorizations set forth in
the table in subsection (b), as provided in section 2101 of that Act
(124 Stat. 4437), shall remain in effect until October 1, 2014, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2015, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2011 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Presidio of Monterey...... Advanced Individual $63,000,000
Training Barracks.
Georgia................................. Fort Benning.............. Land Acquisition.......... $12,200,000
New Mexico.............................. White Sands Missile Range. Barracks.................. $29,000,000
Germany................................. Wiesbaden AB.............. Access Control Point...... $5,100,000.
----------------------------------------------------------------------------------------------------------------
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Camp Pendleton................................. $13,124,000
Coronado....................................... $8,910,000
San Diego...................................... $34,331,000
Twentynine Palms............................... $33,437,000
Barstow........................................ $14,998,000
Point Mugu..................................... $24,667,000
Port Hueneme................................... $33,600,000
Florida....................................... Jacksonville................................... $20,752,000
Key West....................................... $14,001,000
Mayport........................................ $16,093,000
Georgia....................................... Albany......................................... $16,610,000
Savannah....................................... $61,717,000
Hawaii........................................ Kaneohe Bay.................................... $236,982,000
Pearl City..................................... $30,100,000
Pearl Harbor................................... $57,998,000
Illinois...................................... Great Lakes.................................... $35,851,000
Maine......................................... Bangor......................................... $13,800,000
Kittery........................................ $11,522,000
Maryland...................................... Fort Meade..................................... $83,988,000
Nevada........................................ Fallon......................................... $11,334,000
North Carolina................................ Camp Lejeune................................... $77,999,000
New River...................................... $45,863,000
Oklahoma...................................... Tinker AFB..................................... $14,144,000
Rhode Island.................................. Newport........................................ $12,422,000
South Carolina................................ Charleston..................................... $73,932,000
Virginia...................................... Norfolk........................................ $3,380,000
Quantico....................................... $38,374,000
Yorktown....................................... $18,700,000
Dam Neck....................................... $10,587,000
Washington.................................... Whidbey Island................................. $117,649,000
Bremerton...................................... $18,189,000.
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Djibouti...................................... Camp Lemonier.................................. $29,000,000
Guam.......................................... Joint Region Marianas.......................... $318,377,000
Japan......................................... Yokosuka....................................... $7,568,000
Camp Butler.................................... $5,820,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(5)(A), the Secretary of the Navy may
carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of
family housing units in an amount not to exceed $4,438,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $68,969,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2013, for military construction, land
acquisition, and military family housing functions of the Department of
the Navy in the total amount of $2,163,520,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,205,054,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $360,765,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$19,740,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $89,830,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $73,407,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $389,844,000.
(6) For the construction of increment 3 of the Explosives
Handling Wharf No. 2 at Kitsap, Washington, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112-81; 125
Stat. 1666), as amended by section 2205 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B
of Public Law 112-239; 126 Stat. 2124) $24,880,000.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2011 PROJECT.
In the case of the authorization contained in the table in section
2201(b) of the Military Construction Authorization Act for Fiscal Year
2011 (division B of Public Law 111-383; 124 Stat. 4441), for Southwest
Asia Bahrain, for construction of Navy Central Command Ammunition
Magazines at that location, the Secretary of the Navy may construct
additional Type C earth covered magazines (to provide a project total
of eighteen), ten new modular storage magazines, an inert storage
facility, a maintenance and ground support equipment facility, concrete
pads for portable ready service lockers, and associated supporting
facilities using appropriations available for the project.
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2012 PROJECT.
In the case of the authorization contained in the table in section
2201(a) of the Military Construction Authorization Act for Fiscal Year
2012 (division B of Public Law 112-81; 125 Stat. 1666), for Kitsap
Washington, for construction of Explosives Handling Wharf No. 2 at that
location, the Secretary of the Navy may construct new hardened
facilities in lieu of hardening existing structures and may construct a
new facility to replace the existing Coast Guard Maritime Force
Protection Unit and the Naval Undersea Warfare Command unhardened
facilities using appropriations available for the project.
SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2011
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B of
Public Law 111-383; 124 Stat. 4436), the authorization set forth in the
table in subsection (b), as provided in section 2201 of that Act (124
Stat. 4441), shall remain in effect until October 1, 2014, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2015, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2011 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Bahrain Island.......................... SW Asia................... Navy Central Command $89,280,000.
Ammunition Magazines.
----------------------------------------------------------------------------------------------------------------
SEC. 2208. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2011
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B of
Public Law 111-383; 124 Stat. 4436), the authorization set forth in the
table in subsection (b), as provided in section 2201 of that Act (124
Stat. 4441), shall remain in effect until October 1, 2015, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2016, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2011 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Guam.................................... Guam...................... Defense Access Roads $66,730,000.
Improvements.
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................ Luke AFB....................................... $26,900,000
California..................................... Beale AFB...................................... $62,000,000
Florida........................................ Tyndall AFB.................................... $9,100,000
Hawaii......................................... Joint Base Pearl Harbor-Hickam................. $4,800,000
Kentucky....................................... Fort Campbell.................................. $8,000,000
Maryland....................................... Fort Meade..................................... $358,000,000
Joint Base Andrews............................. $30,000,000
Missouri....................................... Whiteman AFB................................... $5,900,000
Nevada......................................... Nellis AFB..................................... $78,500,000
New Mexico..................................... Cannon AFB..................................... $34,100,000
Holloman AFB................................... $2,250,000
Kirtland AFB................................... $30,500,000
North Dakota................................... Minot AFB...................................... $23,830,000
Oklahoma....................................... Tinker AFB..................................... $8,600,000
Texas.......................................... Fort Bliss..................................... $3,350,000
Utah........................................... Hill AFB....................................... $32,000,000
Virginia....................................... Joint Base Langley-Eustis...................... $4,800,000
Unspecified.................................... Unspecified Locations.......................... $255,700,000.
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Greenland...................................... Thule AB....................................... $43,904,000
Guam........................................... Joint Region Marianas.......................... $176,230,000
Mariana Islands................................ Saipan......................................... $29,300,000
United Kingdom................................. RAF Lakenheath................................. $22,047,000
RAF Croughton.................................. $12,000,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(5)(A), the Secretary of the Air Force
may carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of
family housing units in an amount not to exceed $4,267,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(5)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $72,093,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2013, for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force in the total amount of $1,621,531,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $705,330,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $283,481,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,448,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $11,314,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $76,360,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $388,598,000.
(6) For the construction of increment 3 of the United
States Strategic Command Replacement Facility at Offutt Air
Force Base, Nebraska, authorized by section 2301(a) of the
Military Construction Authorization Act for Fiscal Year 2012
(division B of the Public Law 112-81; 125 Stat. 1670),
$136,000,000.
SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2011
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B of
Public Law 111-383; 124 Stat. 4436), the authorization set forth in the
table in subsection (b), as provided in section 2301 of that Act (124
Stat. 4444), shall remain in effect until October 1, 2014, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2015, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2011 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Bahrain, SW Asia........................ Shaikh Isa AB............. North Apron Expansion..... $45,000,000.
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alaska........................................ Clear AFS...................................... $17,204,000
Fort Greely.................................... $82,000,000
California.................................... Miramar........................................ $6,000,000
Defense Distribution Depot-Tracy............... $37,554,000
Brawley........................................ $23,095,000
Colorado...................................... Fort Carson.................................... $22,282,000
Florida....................................... Hurlburt Field................................. $7,900,000
Jacksonville................................... $7,500,000
Tyndall AFB.................................... $9,500,000
Key West....................................... $3,600,000
Panama City.................................... $2,600,000
Georgia....................................... Fort Benning................................... $43,335,000
Fort Stewart................................... $44,504,000
Moody AFB...................................... $3,800,000
Hunter Army Airfield........................... $13,500,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam................. $2,800,000
Ford Island.................................... $2,615,000
Kentucky...................................... Fort Campbell.................................. $124,211,000
Fort Knox...................................... $303,023,000
Maryland...................................... Aberdeen Proving Ground........................ $210,000,000
Bethesda Naval Hospital........................ $66,800,000
Massachusetts................................. Hanscom AFB.................................... $36,213,000
New Jersey.................................... Joint Base McGuire-Dix-Lakehurst............... $10,000,000
New Mexico.................................... Holloman AFB................................... $81,400,000
North Carolina................................ Camp Lejeune................................... $43,377,000
Fort Bragg..................................... $172,065,000
North Dakota.................................. Minot AFB...................................... $6,400,000
Oklahoma...................................... Tinker AFB..................................... $36,000,000
Altus AFB...................................... $2,100,000
Pennsylvania.................................. Defense Distribution Depot New Cumberland...... $9,000,000
South Carolina................................ Beaufort....................................... $41,324,000
Tennessee..................................... Arnold Air Force Base.......................... $2,200,000
Texas......................................... Joint Base San Antonio......................... $12,600,000
Virginia...................................... Joint Expeditionary Base Little Creek-Story.... $30,404,000
Quantico....................................... $40,586,000
Dam Neck....................................... $11,147,000
DLA Aviation Richmond.......................... $87,000,000
Pentagon....................................... $59,450,000
Washington.................................... Whidbey Island................................. $10,000,000.
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Bahrain Island................................ SW Asia........................................ $45,400,000
Belgium....................................... Brussels....................................... $67,613,000
Germany....................................... Wiesbaden...................................... $109,655,000
Kaiserlautern AB............................... $49,907,000
Ramstein AB.................................... $98,762,000
Japan......................................... Iwakuni........................................ $34,000,000
Kadena AB...................................... $38,792,000
Yokosuka....................................... $10,600,000
Atsugi......................................... $4,100,000
Torri Commo Station............................ $71,451,000
Korea......................................... Camp Walker.................................... $52,164,000
United Kingdom................................ RAF Mildenhall................................. $84,629,000
Royal Air Force Lakenheath..................... $69,638,000
Worldwide Classified.......................... Classified Location............................ $15,000,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(6), the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10, United
States Code, in the amount of $150,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2013, for military construction, land
acquisition, and military family housing functions of the Department of
Defense (other than the military departments) in the total amount of
$4,042,925,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $1,725,089,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $751,711,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$43,817,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $237,838,000.
(6) For energy conservation projects under chapter 173 of
title 10, United States Code, $150,000,000.
(7) For military family housing functions:
(A) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $55,845,000.
(B) For credits to the Department of Defense Family
Housing Improvement Fund under section 2883 of title
10, United States Code, and the Homeowners Assistance
Fund established under section 1013 of the
Demonstration Cities and Metropolitan Development Act
of 1966 (42 U.S.C. 3374), $1,780,000.
(8) For the construction of increment 8 of the Army Medical
Research Institute of Infectious Diseases Stage I at Fort
Detrick, Maryland, authorized by section 2401(a) of the
Military Construction Authorization Act of Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$13,000,000.
(9) For the construction of increment 5 of the hospital at
Fort Bliss, Texas, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2642),
$252,100,000.
(10) For the construction of increment 3 of the High
Performance Computing Center at Fort Meade, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public
Law 112-81; 125 Stat. 1672), as amended by section 2404(a) of
the Military Construction Authorization Act for Fiscal Year
2013 (division B of Public Law 112-239; 126 Stat. 2131),
$431,000,000.
(11) For the construction of increment 3 of the Medical
Center Replacement at Rhine Ordnance Barracks, Germany,
authorized by section 2401(b) of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public
Law 112-81; 125 Stat. 1673), as amended by section 2404(b) of
the Military Construction Authorization Act for Fiscal Year
2013 (division B of Public Law 112-239; 126 Stat. 2131),
$151,545,000.
(12) For the construction of increment 2 of the Ambulatory
Care Center at Joint Base Andrews, Maryland, authorized by
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112-81; 125
Stat. 1673), $76,200,000.
(13) For the construction of increment 2 of the NSAW
Recapitalize Building #1 at Fort Meade, Maryland, authorized by
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2013 (division B of Public Law 112-239; 126
Stat. 2127), $58,000,000.
(14) For the construction of increment 2 of the Aegis
Ashore Missile Defense System Complex at Deveselu, Romania,
authorized by section 2401(b) of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public
Law 112-239; 126 Stat. 2128), $85,000,000.
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION
CONSTRUCTION, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2013, for the construction of phase XIV
of a munitions demilitarization facility at Blue Grass Army Depot,
Kentucky, authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law 106-
65; 113 Stat. 835), as amended by section 2405 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1298), section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), section 2414 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4697), and section 2412 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B of
Public Law 111-383; 124 Stat. 4450), $122,536,000.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2012, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $239,700,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Decatur........................................ $4,000,000
Arkansas....................................... Fort Chaffee................................... $21,000,000
Florida........................................ Pinellas Park.................................. $5,700,000
Illinois....................................... Kankakee....................................... $42,000,000
Massachusetts.................................. Camp Edwards................................... $19,000,000
Michigan....................................... Camp Grayling.................................. $17,000,000
Minnesota...................................... Stillwater..................................... $17,000,000
Mississippi.................................... Camp Shelby.................................... $3,000,000
Pascagoula..................................... $4,500,000
Missouri....................................... Whiteman AFB................................... $5,000,000
Macon.......................................... $9,100,000
New York....................................... New York....................................... $31,000,000
Ohio........................................... Ravenna Army Ammunition Plant.................. $5,200,000
Pennsylvania................................... Fort Indiantown Gap............................ $40,000,000
South Carolina................................. Greenville..................................... $26,000,000
Texas.......................................... Fort Worth..................................... $14,270,000
Wyoming........................................ Afton.......................................... $10,200,000.
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations outside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Outside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Puerto Rico................. Camp Santiago................ $5,600,000.
------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(2), the Secretary of the Army may
acquire real property and carry out military construction projects for
the Army Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Fort Hunter Liggett............................ $16,500,000
Camp Parks..................................... $17,500,000
Maryland....................................... Bowie.......................................... $25,500,000
New Jersey..................................... Joint Base McGuire-Dix-Lakehurst............... $36,200,000
New York....................................... Bullville...................................... $14,500,000
North Carolina................................. Fort Bragg..................................... $24,500,000
Wisconsin...................................... Fort McCoy..................................... $23,400,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3), the Secretary of the Navy may
acquire real property and carry out military construction projects for
the Navy Reserve and Marine Corps Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
California..................................... March AFB...................................... $11,086,000
Missouri....................................... Kansas City.................................... $15,020,000
Tennessee...................................... Memphis........................................ $4,330,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(4), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air National Guard locations inside the United States, and in the
amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Birmingham IAP................................. $8,500,000
Indiana........................................ Hulman Regional Airport........................ $7,300,000
Maryland....................................... Fort Meade..................................... $4,000,000
Martin State Airport........................... $12,900,000
Montana........................................ Great Falls IAP................................ $22,000,000
New York....................................... Fort Drum...................................... $4,700,000
Ohio........................................... Springfield Beckley-Map........................ $7,200,000
Pennsylvania................................... Fort Indiantown Gap............................ $7,700,000
Rhode Island................................... Quonset State Airport.......................... $6,000,000
Tennessee...................................... McGhee-Tyson Airport........................... $18,000,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(5), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air Force Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
California..................................... March AFB...................................... $19,900,000
Florida........................................ Homestead AFS.................................. $9,800,000
Oklahoma....................................... Tinker AFB..................................... $12,200,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2013, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army, for the Army National
Guard of the United States, $320,815,000.
(2) For the Department of the Army, for the Army Reserve,
$174,060,000.
(3) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $32,976,000.
(4) For the Department of the Air Force, for the Air
National Guard of the United States, $119,800,000.
(5) For the Department of the Air Force, for the Air Force
Reserve, $45,659,000.
Subtitle B--Other Matters
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2013 PROJECT.
In the case of the authorization contained in the table in section
2603 of the Military Construction Authorization Act for Fiscal Year
2013 (division B of Public Law 112-239; 126 Stat. 2135), for Fort Des
Moines, Iowa, for construction of a Joint Reserve Center at that
location, the Secretary of the Navy may, instead of constructing a new
facility at Camp Dodge, acquire up to approximately 20 acres to
construct a Joint Reserve Center and associated supporting facilities
in the greater Des Moines, Iowa area using appropriations available for
the project.
SEC. 2612. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2011
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B of
Public Law 111-383; 124 Stat. 4436), the authorization set forth in the
table in section 2604 of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4454)
for Nashville International Airport, Tennessee, shall remain in effect
until October 1, 2014, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2015,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Tennessee............................... Nashville International Intelligence Group and $5,500,000.
Airport. Remotely Piloted Aircraft
Remote Split Operations
Group.
----------------------------------------------------------------------------------------------------------------
SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2011
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B of
Public Law 111-383; 124 Stat. 4436), the authorization set forth in the
table in subsection (b), as provided in section 2601 of that Act (124
Stat. 4452), for Camp Santiago, Puerto Rico, shall remain in effect
until October 1, 2014, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2015,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Puerto Rico.............................. Camp Santiago.............. Multi Purpose Machine Gun $9,200,000.
Range.
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2013, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $451,357,000, as follows:
(1) For the Department of the Army, $180,401,000.
(2) For the Department of the Navy, $144,580,000.
(3) For the Department of the Air Force, $126,376,000.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
SEC. 2801. REVISIONS TO MINOR MILITARY CONSTRUCTION AUTHORITIES.
(a) Establishment of Minor Military Construction Exception
Threshold.--Subsection (a) of section 2805 of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(3) For purposes of this section, the minor military construction
exception threshold is $4,000,000.''.
(b) Increase in Dollar Thresholds for Certain Authorities Relating
to Unspecified Minor Military Construction.--
(1) Maximum amount for projects to correct deficiencies
that are life-, health-, or safety-threatening.--Subsection
(a)(2) of such section is amended by striking ``$3,000,000'' in
the second sentence and inserting ``the minor military
construction exception threshold''.
(2) Maximum amount for general rule for projects for which
o&m funds may be used.--Subsection (c) of such section is
amended by striking ``$750,000'' and inserting ``$1,000,000''.
(c) Minimum Amount for Projects Subject to Secretarial Approval and
Congressional Notice-and-Wait.--Subsection (b)(1) of such section is
amended by striking ``$750,000'' and inserting ``the amount specified
in subsection (c)''.
(d) Modification and Extension of Authority for Laboratory
Revitalization Projects.--
(1) Modification.--Subsection (d) of such section is
amended--
(A) in paragraph (1)(A), by striking ``not more
than $2,000,000'' and inserting ``not more than
$4,000,000, notwithstanding subsection (c)''; and
(B) in paragraph (2), by striking ``(2)'' and
inserting ``(2) For purposes of this subsection, an
unspecified minor military construction project is a
military construction project that (notwithstanding
subsection (a)) has an approved cost equal to or less
than $4,000,000.''.
(2) Effective date.--The amendments made by paragraph (1)
do not apply to any laboratory revitalization project for which
the design phase has been completed as of the date of the
enactment of this Act.
SEC. 2802. CHANGE IN AUTHORITIES RELATING TO UNSPECIFIED MINOR
CONSTRUCTION.
Section 2805 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Adjustments for Location.--The dollar limitations specified
in subsections (a) through (d) shall be adjusted to reflect the
appropriate area construction cost index for military construction
projects published by the Department of Defense. The appropriate cost
index shall be the factor published during the prior fiscal year that
applies to the location of the project.''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. AUTHORITY FOR ACCEPTANCE OF FUNDS TO COVER ADMINISTRATIVE
EXPENSES ASSOCIATED WITH REAL PROPERTY LEASES AND
EASEMENTS.
(a) Authority.--Subsection (e)(1)(C) of section 2667 of title 10,
United States Code, is amended by adding at the end the following new
clause:
``(vi) Amounts as the Secretary considers necessary to
cover program expenses incurred by the Secretary under this
section and for easements under section 2668 of this title.''.
(b) Program Expenses Defined.--Subsection (i) of such section is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The term `program expenses' includes expenses related
to developing, assessing, negotiating, executing, and managing
lease and easement transactions, but does not include
Government personnel costs.''.
SEC. 2812. APPLICATION OF CASH PAYMENTS RECEIVED FOR UTILITIES AND
SERVICES.
Section 2872a(c)(2) of title 10, United States Code, is amended by
striking ``from which the cost of furnishing the utilities or services
concerned was paid'' and inserting ``currently available for the
purpose of furnishing utilities or services under subsection (a)''.
SEC. 2813. ACQUISITION OF REAL PROPERTY AT NAVAL BASE VENTURA COUNTY,
CALIFORNIA.
(a) Authority.--The Secretary of the Navy may acquire all right,
title, and interest to property and improvements at Naval Base Ventura
County, California, constructed pursuant to section 801 of Public Law
98-115.
(b) Use.--Upon acquiring the real property under subsection (a),
the Secretary may use the improvements as provided in sections 2835 and
2835a of title 10, United States Code.
Subtitle C--Land Withdrawals
SEC. 2821. MILITARY LAND WITHDRAWALS AND CODIFICATION OF STATUTORY
PROVISIONS RELATING TO CHINA LAKE, LIMESTONE HILLS,
CHOCOLATE MOUNTAIN, AND TWENTYNINE PALMS.
(a) Military Land Withdrawals and Creation of New Chapter.--
Subtitle A of title 10, United States Code, is amended by inserting
after chapter 173 the following new chapter:
``CHAPTER 174--LAND WITHDRAWALS
``Subchapter Sec.
``I. General Provisions..................................... 2931
``II. China Lake, California................................ 2955
``III. Limestone Hills, Montana............................. 2957
``IV. Chocolate Mountain, California........................ 2959
``V. Twentynine Palms, California........................... 2961
``SUBCHAPTER I--GENERAL PROVISIONS
``Sec.
``2931. General applicability; definition.
``2932. Maps and legal descriptions.
``2933. Access restrictions.
``2934. Changes in use.
``2935. Authorizations for nondefense-related uses.
``2936. Brush and range fire prevention and suppression.
``2937. On-going decontamination.
``2938. Water rights.
``2939. Hunting, fishing, and trapping.
``2940. Limitation on extensions and renewals.
``2941. Application for renewal of a withdrawal and reservation.
``2942. Limitation on subsequent availability of lands for
appropriation.
``2943. Relinquishment.
``2944. Interchanges and transfers of Federal lands.
``2945. Delegability by the Secretary of the Interior.
``2946. Land withdrawals; immunity of the United States.
``Sec. 2931. General applicability; definition
``(a) Applicability of Subchapter.--The provisions of this
subchapter apply to any withdrawal made by this chapter.
``(b) Rules of Construction.--(1) Except as may be provided
pursuant to section 2944 of this title, nothing in this chapter shall
be construed as assigning management of real property under the
administrative jurisdiction of the Secretary concerned to the Secretary
of the Interior.
``(2) The terms `manage' and `management', when used in reference
to lands withdrawn and reserved by this chapter, include the authority
to exercise jurisdiction, custody, and control over those lands in
accordance with this title, except that those terms do not include
authority for land disposal.
``(c) Definition.--In this chapter, the term `Indian tribe' has the
meaning given such term in section 102 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a).
``Sec. 2932. Maps and legal descriptions
``(a) Preparation of Maps and Legal Descriptions.--As soon as
practicable after the date of the enactment of a subchapter of this
chapter, the Secretary of the Interior shall--
``(1) publish in the Federal Register a notice containing
the legal description of the lands withdrawn and reserved by
such subchapter; and
``(2) file a map or maps and legal description of the lands
withdrawn and reserved by such subchapter with the Committee on
Armed Services and the Committee on Energy and Natural
Resources of the Senate and the Committee on Armed Services and
the Committee on Natural Resources of the House of
Representatives.
``(b) Legal Effect.--Such maps and legal descriptions shall have
the same force and effect as if they were included in this chapter,
except that the Secretary of the Interior may correct clerical and
typographical errors in such maps and legal descriptions.
``(c) Availability.--Copies of such maps and legal descriptions
shall be available for public inspection--
``(1) in the appropriate offices of the Bureau of Land
Management;
``(2) in the office of the commanding officer of the
military installation at which the lands are withdrawn; and
``(3) if the military installation is under the management
of the National Guard, in the office of the Adjutant General of
the State in which the installation is located.
``(d) Costs.--The Secretary concerned shall reimburse the Secretary
of the Interior for the costs incurred by the Secretary of the Interior
in implementing this section.
``Sec. 2933. Access restrictions
``(a) In General.--If the Secretary concerned determines that
military operations, public safety, or national security require the
closure to the public of any road, trail, or other portion of the lands
withdrawn and reserved by a subchapter of this chapter, the Secretary
may take such action as the Secretary determines necessary or desirable
to effect and maintain such closure.
``(b) Limitation.--Any closure under subsection (a) shall be
limited to the minimum areas and periods that the Secretary concerned
determines are required for the purposes specified in such subsection.
``(c) Consultation.--(1) Before a closure under this section is
implemented, the Secretary concerned shall consult with the Secretary
of the Interior.
``(2) In a case in which such a closure may affect access to or use
of sacred sites or resources considered important by an Indian tribe,
the Secretary concerned shall consult, at the earliest practicable
time, with that tribe.
``(3) No consultation is required under paragraph (1) or (2)--
``(A) if the closure is already provided for in an
integrated natural resources management plan, an installation
cultural resources management plan, or a land use management
plan; or
``(B) in the case of an emergency, as determined by the
Secretary concerned.
``(d) Notice.--Immediately preceding and during any closure under
subsection (a), the Secretary concerned shall post appropriate warning
notices and take other steps, as necessary, to notify the public of the
closure.
``Sec. 2934. Changes in use
``(a) Other Uses Authorized.--The Secretary concerned may authorize
the use of lands withdrawn and reserved by a subchapter of this chapter
for defense-related purposes in addition to the purposes specified in
such subchapter.
``(b) Notice to Secretary of the Interior.--The Secretary concerned
shall promptly notify the Secretary of the Interior in the event that
the lands withdrawn and reserved by a subchapter of this chapter will
be used for additional defense-related purposes. Such notification
shall indicate--
``(1) the additional use or uses involved;
``(2) the planned duration of such additional uses; and
``(3) the extent to which such additional uses will require
that additional or more stringent conditions or restrictions be
imposed on otherwise-permitted non-defense-related uses of the
withdrawn and reserved lands or portions thereof.
``Sec. 2935. Authorizations for nondefense-related uses
``(a) Authorizations by the Secretary of the Interior.--Subject to
the applicable withdrawals contained in each subchapter of this
chapter, with the consent of the Secretary concerned, the Secretary of
the Interior may authorize the use, occupancy, or development of the
lands withdrawn and reserved by this chapter.
``(b) Authorizations by the Secretary Concerned.--The Secretary
concerned may authorize the use, occupancy, or development of the lands
withdrawn and reserved by this chapter--
``(1) for a defense-related purpose; or
``(2) subject to the consent of the Secretary of the
Interior, for a non-defense-related purpose.
``(c) Form of Authorization.--An authorization under this section
may be provided by lease, easement, right-of-way, permit, license, or
other instrument authorized by law.
``(d) Prevention of Drainage of Oil or Gas Resources.--For the
purpose of preventing drainage of oil or gas resources, the Secretary
of the Interior may lease lands otherwise withdrawn from operation of
the mineral leasing laws and reserved for defense-related purposes
under this chapter, under such terms and conditions as the Secretary
considers appropriate. No surface occupancy may be approved by the
Secretary of the Interior without the consent of the Secretary
concerned. The Secretary of the Interior may unitize or consent to
communitization of such lands. The Secretary of the Interior may
promulgate regulations to implement this subsection.
``Sec. 2936. Brush and range fire prevention and suppression
``(a) Required Activities.--The Secretary concerned shall,
consistent with any applicable land management plan, take necessary
precautions to prevent, and actions to suppress, brush and range fires
occurring as a result of military activities on the lands withdrawn and
reserved by this chapter, including fires outside those lands that
spread from the withdrawn and reserved lands and which occurred as a
result of such activities.
``(b) Cooperation of Secretary of the Interior.--At the request of
the Secretary concerned, the Secretary of the Interior shall provide
assistance in the suppression of such fires and shall be reimbursed for
such assistance by the Secretary concerned. Notwithstanding section
2215 of this title, the Secretary concerned may transfer to the
Secretary of the Interior, in advance, funds to reimburse the costs of
the Department of the Interior in providing such assistance.
``Sec. 2937. On-going decontamination
``Throughout the duration of a withdrawal and reservation of lands
under this chapter, the Secretary concerned shall maintain, to the
extent funds are available for such purpose, a program of
decontamination of contamination caused by defense-related uses on such
lands consistent with applicable Federal and State law. The Secretary
of Defense shall include a description of such decontamination
activities in the annual report required by section 2711 of this title.
``Sec. 2938. Water rights
``(a) No Reservation Created.--Nothing in this chapter shall be
construed--
``(1) to establish a reservation in favor of the United
States with respect to any water or water right on the lands
withdrawn and reserved by this chapter; or
``(2) to authorize the appropriation of water on such lands
except in accordance with applicable State law.
``(b) Effect on Previously Acquired or Reserved Water Rights.--This
section shall not be construed to affect any water rights acquired or
reserved by the United States before the date of the enactment of the
applicable subchapter of this chapter, and the Secretary concerned may
exercise any such previously acquired or reserved water rights.
``Sec. 2939. Hunting, fishing, and trapping
``Section 2671 of this title shall apply to all hunting, fishing,
and trapping on the lands withdrawn and reserved by this chapter and
for which management has been assigned to the Secretary concerned.
``Sec. 2940. Limitation on extensions and renewals
``The withdrawals and reservations established by this chapter may
not be extended or renewed except by a law enacted by Congress.
``Sec. 2941. Application for renewal of a withdrawal and reservation
``(a) Notice.--To the extent practicable, no later than five years
before the termination of a withdrawal and reservation established by a
subchapter of this chapter, the Secretary concerned shall notify the
Secretary of the Interior as to whether or not the Secretary concerned
will have a continuing defense-related need for any of the lands
withdrawn and reserved by such subchapter after the termination date of
such withdrawal and reservation. The Secretary concerned shall provide
a copy of the notice to the Committee on Armed Services and the
Committee on Energy and Natural Resources of the Senate and the
Committee on Armed Services and the Committee on Natural Resources of
the House of Representatives.
``(b) Filing for Extension.--If the Secretary concerned concludes
that there will be a continuing defense-related need for any of such
lands after the termination date, the Secretary shall file an
application for extension of the withdrawal and reservation of such
needed lands in accordance with the regulations and procedures of the
Department of the Interior applicable to the extension of withdrawals.
``Sec. 2942. Limitation on subsequent availability of lands for
appropriation
``At the time of termination of a withdrawal and reservation made
by a subchapter of this chapter, the previously withdrawn lands shall
not be open to any form of appropriation under the public land laws,
including the mining laws and the mineral leasing and geothermal
leasing laws, until the Secretary of the Interior publishes in the
Federal Register an appropriate order specifying the date upon which
such lands shall be restored to the public domain and opened for such
purposes.
``Sec. 2943. Relinquishment
``(a) Notice of Intention To Relinquish.--If, during the period of
withdrawal and reservation, the Secretary concerned decides to
relinquish any or all of the lands withdrawn and reserved by a
subchapter of this chapter, the Secretary concerned shall file a notice
of intention to relinquish with the Secretary of the Interior.
``(b) Determination of Contamination.--As a part of the notice
under subsection (a), the Secretary concerned shall include a written
determination concerning whether and to what extent the lands that are
to be relinquished are contaminated with explosive materials or toxic
or hazardous substances.
``(c) Public Notice.--The Secretary of the Interior shall publish
in the Federal Register the notice of intention to relinquish,
including the determination concerning the contaminated state of the
lands.
``(d) Decontamination of Lands To Be Relinquished.--
``(1) Decontamination required.--If land subject of a
notice of intention to relinquish pursuant to subsection (a) is
contaminated, and the Secretary of the Interior, in
consultation with the Secretary concerned, determines that
decontamination is practicable and economically feasible
(taking into consideration the potential future use and value
of the land) and that, upon decontamination, the land could be
opened to operation of some or all of the public land laws,
including the mining laws and the mineral leasing and
geothermal leasing laws, the Secretary concerned shall
decontaminate the land to the extent that funds are
appropriated for such purpose.
``(2) Alternatives.--If the Secretary of the Interior,
after consultation with the Secretary concerned, concludes that
decontamination of land subject of a notice of intention to
relinquish pursuant to subsection (a) is not practicable or
economically feasible, or that the land cannot be
decontaminated sufficiently to be opened to operation of some
or all of the public land laws, or if Congress does not
appropriate sufficient funds for the decontamination of such
land, the Secretary of the Interior shall not be required to
accept the land proposed for relinquishment.
``(3) Status of contaminated lands upon termination.--If,
because of their contaminated state, the Secretary of the
Interior declines to accept the lands withdrawn and reserved by
a subchapter of this chapter which have been proposed for
relinquishment, or if at the expiration of the withdrawal and
reservation made by such subchapter the Secretary of the
Interior determines that some of the lands withdrawn and
reserved by such subchapter are contaminated to an extent which
prevents opening such contaminated lands to operation of the
public land laws--
``(A) the Secretary concerned shall take
appropriate steps to warn the public of the
contaminated state of such lands and any risks
associated with entry onto such lands;
``(B) after the expiration of the withdrawal and
reservation, the Secretary concerned shall undertake no
activities on such lands except in connection with
decontamination of such lands; and
``(C) the Secretary concerned shall report to the
Secretary of the Interior and to the Congress
concerning the status of such lands and all actions
taken in furtherance of this paragraph.
``(e) Revocation Authority.--Upon deciding that it is in the public
interest to accept the lands proposed for relinquishment pursuant to
subsection (a), the Secretary of the Interior may order the revocation
of a withdrawal and reservation established by a subchapter of this
chapter as it applies to such lands. The Secretary of the Interior
shall publish in the Federal Register the revocation order, which
shall--
``(1) terminate the withdrawal and reservation;
``(2) constitute official acceptance of the lands by the
Secretary of the Interior; and
``(3) state the date upon which the lands will be opened to
the operation of some or all of the public land laws, including
the mining laws.
``(f) Acceptance by Secretary of the Interior.--Nothing in this
section shall be construed to require the Secretary of the Interior to
accept the lands proposed for relinquishment if the Secretary
determines that such lands are not suitable for return to the public
domain. If the Secretary makes such a determination, the Secretary
shall provide notice of the determination to Congress.
``Sec. 2944. Interchanges and transfers of Federal lands
``(a) Authority.--The Secretary of the Interior and the Secretary
concerned may interchange or transfer between each other parcels of
Federal land under their jurisdiction. A parcel may include multiple
non-contiguous pieces of Federal lands.
``(b) Conditions.--Any interchange or transfer of land under this
section is subject to the following conditions:
``(1) The Secretary of the Interior and the Secretary
concerned must each determine that the interchange or transfer
is to the benefit of their respective department and in the
public interest.
``(2) Both parcels of land to be interchanged must, before
the interchange, be located on the same military installation.
``(3) Both parcels of land to be interchanged must be of
approximately the same acreage.
``(4) The parcel to be transferred must be located on the
military installation to which it is transferred.
``(5) The parcel interchanged or transferred by the
Secretary of the Interior must be part of the lands withdrawn
and reserved by this chapter.
``(6) The parcel interchanged or transferred by the
Secretary concerned must be under the administrative
jurisdiction of the Secretary concerned and excess to the needs
of the Department of Defense.
``(7) During the term of a withdrawal, no more than 5,000
acres may be transferred under this section by one Secretary to
the other on any one military installation.
``(c) Status of Federal Land After Interchange.--Upon completion of
an interchange or transfer under this section--
``(1) at the discretion of the Secretary of the Interior, a
parcel received by the Secretary of the Interior may--
``(A) become withdrawn and reserved lands under the
provisions of this chapter; or
``(B) be managed as public lands under the
provisions of the Federal Land Policy and Management
Act (43 U.S.C. 1701 et seq.) and other applicable law;
and
``(2) a parcel received by the Secretary concerned shall--
``(A) cease to be part of the public lands and
lands withdrawn and reserved by this chapter; and
``(B) be treated as property under section 102(9)
of title 40 under the administrative jurisdiction of
the Secretary concerned.
``(d) Equalization Payments.--Neither the Secretary of the Interior
nor the Secretary concerned may make an equalization payment to further
a land interchange or transfer under this section.
``Sec. 2945. Delegability by the Secretary of the Interior
``The Secretary of the Interior may delegate the Secretary's
functions under this chapter, except that an order pursuant to section
2942 of this title and a revocation order pursuant to section 2943(e)
of this title may be approved and signed only by individuals in the
Office of the Secretary who have been appointed by the President, by
and with the advice and consent of the Senate.
``Sec. 2946. Land withdrawals; immunity of the United States
``The United States and all departments and agencies thereof, and
their officers and employees, shall be held harmless and shall not be
liable for any injuries or damages to persons or property suffered in
the course of any mining or mineral or geothermal leasing activity or
other authorized non-defense-related activity conducted on lands
withdrawn and reserved by this chapter.
``SUBCHAPTER II--CHINA LAKE, CALIFORNIA
``Sec.
``2955a. Withdrawal and reservation.
``2955b. Management of withdrawn and reserved lands.
``2955c. Duration of withdrawal and reservation.
``Sec. 2955a. Withdrawal and reservation
``(a) Withdrawal.--Subject to valid existing rights and except as
otherwise provided in this subchapter, the public lands and interests
in lands described in subsection (c), and all other areas within the
boundary of such lands as depicted on the map provided for by section
2932 of this title which may become subject to the operation of the
public land laws, are hereby withdrawn from all forms of appropriation
under the public land laws, including the mining laws and the mineral
leasing laws.
``(b) Reservation.--The lands withdrawn by subsection (a) are
reserved for use by the Secretary of the Navy for the following
purposes:
``(1) Use as a research, development, test, and evaluation
laboratory.
``(2) Use as a range for air warfare weapons and weapon
systems.
``(3) Use as a high hazard testing and training area for
aerial gunnery, rocketry, electronic warfare and
countermeasures, tactical maneuvering and air support, and
directed energy and unmanned aerial systems.
``(4) Geothermal leasing, development, and related power
production activities.
``(5) Other defense-related purposes consistent with the
purposes specified in the preceding paragraphs and authorized
pursuant to section 2934 of this title.
``(c) Land Description.--The public lands and interests in lands
referred to in subsection (a) are the Federal lands located within the
boundaries of the Naval Air Weapons Station China Lake, comprising
approximately 1,030,000 acres in Inyo, Kern, and San Bernardino
Counties, California, as generally depicted on a map entitled `Naval
Air Weapons Station China Lake Withdrawal--Renewal', dated XX, xx,
2012, and filed in accordance with section 2932 of this title.
``Sec. 2955b. Management of withdrawn and reserved lands
``(a) Management by the Secretary of the Interior.--(1) Except as
provided in subsection (b), during the period of the withdrawal and
reservation of lands by this subchapter, the Secretary of the Interior
shall manage the lands withdrawn and reserved by section 2955a of this
title in accordance with this chapter, the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable
law.
``(2) To the extent consistent with applicable law and Executive
orders, the lands withdrawn by section 2955a of this title may be
managed in a manner permitting the following activities:
``(A) Grazing.
``(B) Protection of wildlife and wildlife habitat.
``(C) Preservation of cultural properties.
``(D) Control of predatory and other animals.
``(E) Recreation and education.
``(F) Prevention and appropriate suppression of brush and
range fires resulting from non-military activities.
``(G) Geothermal leasing and development and related power
production activities.
``(3) All non-defense-related uses of such lands, including
the uses described in paragraph (2), shall be subject to such
conditions and restrictions as may be necessary to permit the
defense-related use of such lands for the purposes specified in
or authorized pursuant to this chapter.
``(b) Assignment of Management.--(1) The Secretary of the Interior
may assign the management responsibility, in whole or in part, for the
lands withdrawn and reserved by section 2955a of this title to the
Secretary of the Navy who, if so assigned, shall manage such lands in
accordance with this title, title I of the Sikes Act (16 U.S.C. 670a et
seq.), the Federal Land Policy and Management Act of 1976, and
cooperative management arrangements between the Secretary of the
Interior and the Secretary of the Navy. Nothing in this subsection or
section 2935 of this title shall affect geothermal leases issued by the
Secretary of the Interior before the date of the enactment of this
subchapter, or the responsibility of the Secretary of the Interior to
administer and manage such leases, consistent with the provisions of
this section.
``(2) The Secretary of the Interior shall be responsible for the
issuance of any lease, easement, right-of-way, permit, license, or
other instrument authorized by law with respect to any activity which
involves both the lands withdrawn and reserved by section 2955a of this
title and any other lands not under the administrative jurisdiction of
the Secretary of the Navy. Any such authorization shall be issued only
with the consent of the Secretary of the Navy and shall be subject to
such conditions as the Secretary of the Navy may prescribe with regard
to those lands withdrawn and reserved by section 2955a of this title.
``(3) Neither this chapter nor any other provision of law shall be
construed to prohibit the Secretary of the Interior from issuing and
administering any lease pursuant to the Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.) and other applicable law for the development
and utilization of geothermal steam and associated geothermal resources
on the lands withdrawn and reserved by section 2955a of this title, but
such a lease may not be issued without the concurrence of the Secretary
of the Navy.
``(4) This chapter shall not affect the geothermal exploration and
development authority of the Secretary of the Navy under section 2917
of this title with respect to the lands withdrawn and reserved by
section 2955a, except that the Secretary of the Navy shall obtain the
concurrence of the Secretary of the Interior before taking action under
section 2917.
``(5) Upon the expiration of the withdrawal and reservation or upon
the relinquishment of the lands withdrawn and reserved by section 2955a
of this title, Navy contracts for the development of geothermal
resources at Naval Air Weapons Station China Lake then in effect (as
amended or renewed by the Navy after the date of the enactment of this
subchapter) shall remain in effect, except that the Secretary of the
Interior, with the consent of the Secretary of the Navy, may offer to
substitute a standard geothermal lease for any such contract.
``(6) Any lease made pursuant to section 2935(d) of this title of
lands withdrawn and reserved by section 2955a of this title shall
require the concurrence of the Secretary of the Navy if the Secretary
determines that the proposed lease may interfere with geothermal
resources on those lands.
``(7) The Secretary of the Navy shall be responsible for the
management of wild horses and burros located on the lands withdrawn and
reserved by section 2955a of this title and may use helicopters and
motorized vehicles for such purpose. Such management shall be conducted
in accordance with laws applicable to such management on public lands.
The Secretary of the Interior and the Secretary of the Navy shall enter
into an agreement for implementation of such management.
``(c) Continuation of Existing Agreement.--The agreement between
the Secretary of the Interior and the Secretary of the Navy entered
into before the date of the enactment of this subchapter pursuant to
section 805 of the California Military Lands Withdrawal and Overflights
Act of 1994 shall continue in effect until the earlier of--
``(1) the date on which the Secretaries enter into a new
agreement; or
``(2) the date that is one year after the date of the
enactment of this subchapter.
``(d) Cooperation in Development of Management Plan.--(1) The
Secretary of the Navy and the Secretary of the Interior shall update
and maintain cooperative arrangements concerning land resources and
land uses on the lands withdrawn and reserved by section 2955a of this
title.
``(2) Cooperative arrangements under paragraph (1) shall focus on
and apply to sustainable management and protection of the natural and
cultural resources and environmental values found on such withdrawn and
reserved lands, consistent with the defense-related purposes for which
those lands are withdrawn and reserved.
``(3) Each cooperative arrangement under paragraph (1) shall
include a comprehensive land use management plan which shall integrate
and be consistent with all applicable law, including the requirements
of title I of the Sikes Act and the Federal Land Policy and Management
Act of 1976. Each such management plan shall be reviewed annually and
shall be updated, as needed, in response to evolving management
requirements and to complement the updates of other applicable land use
and resource management and planning.
``(e) Implementing Agreement.--(1) The Secretary of the Interior
and the Secretary of the Navy may enter into a written agreement to
implement the comprehensive land use management plan developed under
subsection (d).
``(2) An agreement under paragraph (1) shall include a provision
for periodic review of the agreement for its adequacy, effectiveness,
and need for revision.
``(3) The duration of an agreement under paragraph (1) shall be the
same as the period of the withdrawal and reservation of lands under
this subchapter, but may be amended from time to time.
``Sec. 2955c. Duration of withdrawal and reservation
``The withdrawal and reservation made by this subchapter shall
terminate on March 31, 2039.
``SUBCHAPTER III--LIMESTONE HILLS, MONTANA
``Sec.
``2957a. Withdrawal and reservation.
``2957b. Management of withdrawn and reserved lands.
``2957c. Duration of withdrawal and reservation.
``2957d. Special rules governing minerals management.
``2957e. Grazing.
``Sec. 2957a. Withdrawal and reservation
``(a) Withdrawal.--Subject to valid existing rights and except as
otherwise provided in this subchapter, the public lands and interests
in lands described in subsection (c), and all other areas within the
boundary of such lands as depicted on the map provided for by section
2932 of this title which may become subject to the operation of the
public land laws, are hereby withdrawn from all forms of appropriation
under the public land laws, including the mining laws and the mineral
leasing and geothermal leasing laws.
``(b) Reservation.--The lands withdrawn by subsection (a) are
reserved for use by the Secretary of the Army for the following
purposes:
``(1) The conduct of training for active and reserve
components of the armed forces.
``(2) The conduct of training by the Montana Department of
Military Affairs; any such use may not interfere with purposes
specified in paragraphs (1) and (3).
``(3) The construction, operation, and maintenance of
organizational support and maintenance facilities for component
units conducting training.
``(4) Other defense-related purposes consistent with the
purposes specified in the preceding paragraphs and authorized
pursuant to section 2934 of this title.
``(5) The conduct of training by State and local law
enforcement agencies, civil defense organizations, and public
education institutions; any such use may not interfere with
military training activities.
``(c) Land Description.--The public lands and interests in lands
referred to in subsection (a) are the Federal lands comprising
approximately 18,644 acres in Broadwater County, Montana, as generally
depicted as `Proposed Land Withdrawal' on the map entitled `Limestone
Hills Training Area Land Withdrawal' dated _____, and filed in
accordance with section 2932 of this title.
``(d) Indian Tribes.--Nothing in this subchapter shall be construed
as altering any rights reserved for an Indian tribe for tribal use by
treaty or Federal law. Subject to section 2933 of this title, the
Secretary of the Army shall consult with any Indian tribe in the
vicinity of the lands withdrawn and reserved by this section before
taking action affecting tribal rights or cultural resources protected
by treaty or Federal law.
``Sec. 2957b. Management of withdrawn and reserved lands
``During the period of the withdrawal and reservation made by this
subchapter, the Secretary of the Army shall manage the lands withdrawn
and reserved by this subchapter for the purposes specified in section
2957a of this title.
``Sec. 2957c. Duration of withdrawal and reservation
``(a) Term.--The withdrawal and reservation made by this subchapter
shall terminate on March 31, 2039.
``(b) Extension of Term.--Notwithstanding section 2940 of this
title, in accordance with section 2 of the Act of February 28, 1958,
Public Law 85-337 (72 Stat. 27), commonly known as the `Engle Act' (43
U.S.C. 156), if an application is filed by the Secretary of the Army in
accordance with section 2941 of this title, the Secretary of the
Interior may use the authority and procedures under section 204 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) to
extend the withdrawal and reservation made by this subchapter for an
additional term not to exceed 20 years in accordance with that section
and other applicable law.
``Sec. 2957d. Special rules governing minerals management
``(a) Indian Creek Mine.--Locatable mineral activities in the
approved Indian Creek Mine, plan of operations MTM-78300, shall be
regulated pursuant to subparts 3715 and 3809 of title 43, Code of
Federal Regulations. Notwithstanding section 2935 of this title, the
Secretary of the Army shall make no determination that the disposition
of or exploration for minerals as provided for in the approved plan of
operations is inconsistent with the military uses of such lands. The
coordination of such disposition of and exploration for minerals with
military uses of such lands shall be determined pursuant to procedures
in an agreement provided for under subsection (d).
``(b) Removal of Unexploded Ordnance on Lands To Be Mined.--The
Secretary of the Army shall request funding for and, subject to the
availability of such funds, shall remove unexploded ordnance on lands
withdrawn and reserved by this subchapter which are subject to mining
under subsection (a), consistent with applicable Federal and State law.
The Secretary of the Army may engage in such removal of unexploded
ordnance in phases to accommodate the development of the Indian Creek
Mine pursuant to subsection (a).
``(c) Report on Removal Activities.--The Secretary of the Army
shall annually submit to the Secretary of the Interior a report
regarding the unexploded ordnance removal activities for the previous
fiscal year performed pursuant to subsection (b). The report shall
include the amounts of funding expended for unexploded ordnance removal
on such lands.
``(d) Implementation Agreement for Mining Activities.--(1) The
Secretary of the Interior and the Secretary of the Army shall enter
into an agreement to implement this section with regard to coordination
of defense-related uses and mining and the ongoing removal of
unexploded ordnance. The agreement shall provide the following:
``(A) Procedures that will be used to facilitate day-to-day
joint-use of the Limestone Hills Training Area.
``(B) Procedures for access through mining operations
covered by this section to training areas within the boundaries
of the Limestone Hills Training Area.
``(C) Procedures for scheduling of the removal of
unexploded ordnance.
``(2) The Secretary of the Interior and the Secretary of the Army
shall invite Graymont Western US. Inc., or any successor or assign of
the approved Indian Creek Mine mining plan of operations, MTM-78300, to
be a party to the agreement.
``Sec. 2957e. Grazing
``(a) Issuance and Administration of Permits and Leases.--The
issuance and administration of grazing permits and leases, including
their renewal, on the lands withdrawn and reserved by this subchapter
shall be managed by the Secretary of the Interior consistent with all
applicable laws, regulations, and policies of the Secretary of the
Interior relating to such permits and leases.
``(b) Safety Requirements.--With respect to any grazing permit or
lease issued after the date of enactment of this subchapter for lands
withdrawn and reserved by this subchapter, the Secretary of the
Interior and the Secretary of the Army shall jointly establish
procedures that are consistent with Department of the Army explosive
and range safety standards and that provide for the safe use of any
such lands.
``(c) Assignment.--The Secretary of the Interior may, with the
agreement of the Secretary of the Army, assign the authority to issue
and to administer grazing permits and leases to the Secretary of the
Army, except that such an assignment may not include the authority to
discontinue grazing on the lands withdrawn and reserved by this
subchapter.
``SUBCHAPTER IV--CHOCOLATE MOUNTAIN, CALIFORNIA
``Sec.
``2959a. Withdrawal and reservation.
``2959b. Management of withdrawn and reserved lands.
``2959c. Duration of withdrawal and reservation.
``2959d. Access.
``Sec. 2959a. Withdrawal and reservation
``(a) Withdrawal.--Subject to valid existing rights and except as
otherwise provided in this subchapter, the public lands and interests
in lands described in subsection (c), and all other areas within the
boundary of such lands as depicted on the map provided for by section
2932 of this title which may become subject to the operation of the
public land laws, are hereby withdrawn from all forms of appropriation
under the public land laws, including the mining laws and the mineral
leasing and geothermal leasing laws.
``(b) Reservation.--The lands withdrawn by subsection (a) are
reserved for use by the Secretary of the Navy for the following
purposes:
``(1) Testing and training for aerial bombing, missile
firing, tactical maneuvering, and air support.
``(2) Small unit ground forces training, including
artillery firing, demolition activities, and small arms field
training.
``(3) Other defense-related purposes consistent with the
purposes specified in the preceding paragraphs and authorized
pursuant to section 2934 of this title.
``(c) Land Description.--The public lands and interests in lands
referred to in subsection (a) are the Federal lands comprising
approximately 228,325 acres in Imperial and Riverside Counties,
California, as generally depicted on a map entitled `Chocolate Mountain
Aerial Gunnery Range Proposed--Withdrawal', said map originally dated
1987, with revised dating to July 1993, prepared by Department of the
Navy, Naval Facilities Engineering Command, identified as WESTDIV
Drawing No. C-102370, on file with the Department of the Interior,
Bureau of Land Management, California State Office, and filed in
accordance with section 2932 of this title.
``Sec. 2959b. Management of withdrawn and reserved lands
``(a) Management by the Secretary of the Interior.--Except as
provided in subsection (b), during the period of the withdrawal and
reservation of lands by this subchapter, the Secretary of the Interior
shall manage the lands withdrawn and reserved by section 2959a of this
title in accordance with this chapter, the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable
law.
``(b) Assignment of Management to the Secretary of the Navy.--The
Secretary of the Interior may assign the management responsibility, in
whole or in part, for the lands withdrawn and reserved by section 2959a
of this title to the Secretary of the Navy. If the Secretary of the
Navy accepts such assignment, that Secretary shall manage such lands in
accordance with this title, title I of the Sikes Act (16 U.S.C. 670a et
seq.), and other applicable law.
``(c) Implementing Agreement.--(1) The Secretary of the Interior
and the Secretary of the Navy may enter into a written agreement to
implement the assignment of management responsibility pursuant to
subsection (b).
``(2) An agreement under paragraph (1) shall include a provision
for periodic review of the agreement for its adequacy, effectiveness,
and need for revision.
``(3) The duration of an agreement under paragraph (1) shall be the
same as the period of the withdrawal and reservation of lands under
this subchapter, but may be amended from time to time.
``(d) Access Agreement.--The Secretary of the Interior and the
Secretary of the Navy may enter into a written agreement to address
access to and maintenance of Bureau of Reclamation facilities located
within the boundary of the Chocolate Mountains Aerial Gunnery Range.
``Sec. 2959c. Duration of withdrawal and reservation
``The withdrawal and reservation made by this subchapter shall
terminate on March 31, 2039.
``Sec. 2959d. Access
``Notwithstanding section 2933 of this title, the lands withdrawn
and reserved by section 2959a of this title, other than those
constituting the Bradshaw Trail, are closed to the public and all uses,
other than those authorized by section 2959a(b) of this title or
pursuant to section 2934 of this title, shall be subject to such
conditions and restrictions as may be necessary to prevent any
interference with the uses authorized by section 2959a(b) of this title
or pursuant to section 2934 of this title.
``SUBCHAPTER V--TWENTYNINE PALMS, CALIFORNIA
``Sec.
``2961a. Withdrawal and reservation.
``2961b. Management of withdrawn and reserved lands.
``2961c. Duration of withdrawal and reservation.
``Sec. 2961a. Withdrawal and reservation
``(a) Withdrawal.--Subject to valid existing rights and except as
otherwise provided in this subchapter, the public lands and interests
in lands described in subsection (d), and all other areas within the
boundary of such lands as depicted on the map provided for by section
2932 of this title which may become subject to the operation of the
public land laws, are hereby withdrawn from all forms of appropriation
under the public land laws, including the mining laws and the mineral
leasing and geothermal leasing laws.
``(b) Reservation for Secretary of the Navy.--The lands withdrawn
by subsection (a) constituting the Exclusive Military Use Area are
reserved for use by the Secretary of the Navy for the following
purposes:
``(1) Sustained, combined arms, live-fire, and maneuver
field training for large-scale Marine air ground task forces.
``(2) Individual and unit live-fire training ranges.
``(3) Equipment and tactics development.
``(4) Other defense-related purposes consistent with the
purposes specified in the preceding paragraphs and authorized
pursuant to section 2934 of this title.
``(c) Reservation for Secretary of the Interior.--The lands
withdrawn by subsection (a) constituting the Shared Use Area are
reserved for use by the Secretary of the Navy for the purposes
specified in subsection (b) and for the Secretary of the Interior for
the following purposes:
``(1) Public recreation when not used for military training
and having been determined as suitable for public use.
``(2) Natural resources conservation.
``(d) Land Description.--The public lands and interests in lands
referred to in subsection (a) are the Federal lands comprising
approximately 154,663 acres in San Bernardino County, California, as
generally depicted on a map entitled ___, dated ___, and filed in
accordance with section 2932 of this title. Such lands are divided into
two areas, as follows:
``(1) The Exclusive Military Use Area, divided into four
areas, consisting of one area to the west of the Marine Corps
Air Ground Combat Center of approximately 103,618 acres, one
area south of the Marine Corps Air Ground Combat Center of
approximately 21,304 acres, and two other areas, each measuring
approximately 300 meters square, located inside the boundaries
of the Shared Use Area.
``(2) The Shared Use Area, consisting of approximately
36,755 acres.
``Sec. 2961b. Management of withdrawn and reserved lands
``(a) Management by the Secretary of the Navy.--During the period
of withdrawal and reservation of lands by this subchapter, the
Secretary of the Navy shall, subject to subsection (b), manage the
lands withdrawn and reserved by section 2961a of this title for the
purposes specified in such section pursuant to--
``(1) an integrated natural resources management plan
prepared and implemented pursuant to title I of the Sikes Act
(16 U.S.C. 670 et seq.);
``(2) this title; and
``(3) a programmatic agreement between the United States
Marine Corps and the California State Historic Preservation
Officer regarding operation, maintenance, training, and
construction at the United States Marine Air Ground Task Force
Training Command, Marine Corps Air Ground Combat Center,
Twentynine Palms, California.
``(b) Management by the Secretary of the Interior.--(1) During the
period of withdrawal and reservation of lands by this subchapter, the
Secretary of the Interior shall manage the Shared Use Area except for
two 30-day periods each year when such lands are exclusively used by
the Secretary of the Navy for military training purposes, during which
time the Secretary of the Navy shall manage such lands.
``(2) The Secretary of the Interior, during the period of the
Secretary's management pursuant to paragraph (1), shall manage the
Shared Use Area for the purposes specified in section 2961a(c) of this
title in accordance with--
``(A) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); and
``(B) any other applicable law and regulations.
``(3) The Secretary of the Navy, during the period of the
Secretary's management pursuant to paragraph (1), shall manage the
Shared Use Area for the purposes specified in section 2961a(b) of this
title in accordance with--
``(A) an integrated natural resources management plan
prepared and implemented in accordance with title I of the
Sikes Act (16 U.S.C. 670a et seq.);
``(B) this title; and
``(C) the programmatic agreement referred to in subsection
(a)(3).
``(c) Public Access.--(1) Notwithstanding section 2933 of this
title, the Exclusive Military Use Area shall be closed to all public
access unless otherwise authorized by the Secretary of the Navy.
``(2) The Shared Use Area shall be open to public recreational use
during the period it is under the management of the Secretary of the
Interior, but only after being determined as suitable for public use by
the Secretary of the Navy. Any such determination shall not be
unreasonably withheld.
``(3)(A) The Secretary of the Navy and the Secretary of the
Interior, by agreement, shall establish a Resource Management Group
comprised of representatives of the Departments of the Interior and
Navy.
``(B) The Group shall--
``(i) develop and implement a public outreach plan to
inform the public of the land uses changes and safety
restrictions affecting the withdrawn lands; and
``(ii) advise the Secretaries of the Interior and Navy as
to all issues associated with the multiple uses of the Shared
Use Area.
``(C) The Group shall meet at least once a year and shall seek
information from relevant California State agencies, private off-
highway vehicle interest groups, event managers, environmental advocacy
groups, and others relating to the management and facilitation of
recreational use within the Shared Use Area.
``(4) Military training within the Shared Use Area shall not be
conditioned on, nor shall such training be precluded by--
``(A) the lack of a Department of the Interior developed
and implemented recreation management plan or land use
management plan for the Shared Use Area; or
``(B) any legal or administrative challenge to any such
recreation management plan or land use plan document.
``(5) The Shared Use Area shall be managed so as not to compromise
the ability of the Department of the Navy to conduct military training
in the Area.
``(d) Implementation Agreement.--The Secretary of the Interior and
the Secretary of the Navy shall enter into a written agreement to
implement the management responsibility relating to the Shared Use
Area. The agreement--
``(1) shall include a provision for periodic review of the
agreement for its adequacy, effectiveness, and need for
revision;
``(2) shall have a duration which shall be the same as the
period of the withdrawal and reservation of lands under this
subchapter, but may be amended from time to time;
``(3) may provide for the integration of the management
plans required of the Secretaries of the Interior and Navy by
this chapter;
``(4) may provide for delegation to civilian law
enforcement personnel of the Department of the Navy of the
authority of the Secretary of the Interior to enforce the laws
relating to protection of natural and cultural resources and of
fish and wildlife; and
``(5) may provide for the Secretaries of the Interior and
Navy to share resources in order to most efficiently and
effectively manage the Shared Use Area.
``(e) Johnson Valley Off-Highway Vehicle Recreation Area.--
``(1) Designation.--Approximately 45,000 acres (as depicted
on the map referred to in section 2961a of this title) of the
existing Bureau of Land Management-designated Johnson Valley
Off-Highway Vehicle Area that are not withdrawn and reserved
for defense-related uses by this subchapter, together with the
Shared Use Area, are hereby designated as the `Johnson Valley
Off-Highway Vehicle Recreation Area'.
``(2) Authorized activities.--To the extent consistent with
applicable Federal law and regulations and this chapter, any
authorized recreation activities and use designation in effect
on the date of the enactment of this subchapter and applicable
to the Johnson Valley Off-Highway Vehicle Recreation Area may
continue, including casual off-highway vehicular use, racing,
competitive events, rock crawling, training, and other forms of
off-highway recreation.
``(3) Administration.--The Secretary of the Interior shall
administer the Johnson Valley Off-Highway Vehicle Recreation
Area (other than that portion consisting of the Shared Use Area
the management of which is addressed elsewhere in this section)
in accordance with the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws and
regulations.
``(4) Transit.--In coordination with the Secretary of the
Interior, the Secretary of the Navy may authorize transit
through the Johnson Valley Off-Highway Vehicle Recreation Area
for defense-related purposes supporting military training
(including military range management and management of exercise
activities) conducted on the lands withdrawn and reserved by
this subchapter.
``Sec. 2961c. Duration of withdrawal and reservation
``The withdrawal and reservation made by this subchapter shall
terminate on March 31, 2039.''.
(b) Compensation to Broadwater County, Montana.--The Secretary of
the Army may pay Broadwater County, Montana, a one-time lump sum
payment of $1,000,000 to offset the 25-year loss of payments in lieu of
taxes provided to the County by the Federal Government for lands
withdrawn and reserved by subchapter III of chapter 174 of title 10,
United States Code, as added by subsection (a).
(c) Termination of Prior Withdrawals.--The withdrawal and
reservation contained in section 803(a) of the California Military
Lands Withdrawal and Overflights Act of 1994 is hereby terminated.
Notwithstanding such termination, all rules, regulations, orders,
permits, and other privileges issued or granted by the Secretary of the
Interior or a Secretary concerned with respect to the lands withdrawn
and reserved under such section, unless inconsistent with the
provisions of chapter 174 of title 10, United States Code, as added by
subsection (a), shall remain in force until modified, suspended,
overruled, or otherwise changed by that Secretary, by a court of
competent jurisdiction, or by operation of law.
(d) Clerical Amendment.--The table of chapters at the beginning of
subtitle A of such title and at the beginning of part IV of such
subtitle are each amended by inserting after the item relating to
chapter 173 the following new item:
``174. Land Withdrawals..................................... 2931''.
SEC. 2822. FORT BLISS MILITARY LAND WITHDRAWAL.
(a) Revocation of Withdrawal; Return of Administration.--Effective
on the date of the enactment of this Act--
(1) Public Land Order 833, dated May 21, 1952 (17 Fed. Reg.
4822), is revoked as to the approximately 2,050 acres of lands
generally depicted as ``Parcel 1'' on the map titled ``Dona Ana
County Land Transfer and Withdrawal'', dated April 20, 2011
(referred to in this section as the ``map'');
(2) administration of the lands is returned from the
Secretary of the Army to the Secretary of the Interior, acting
through the Director of the Bureau of Land Management; and
(3) the lands shall be managed as public lands in
accordance with the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) and any other applicable laws.
(b) Withdrawal.--
(1) In general.--Subject to valid existing rights and the
limitations in paragraph (2), the parcels of Federal land
generally depicted on the map as ``Parcel 2'' and ``Parcel 3'',
consisting of approximately 35,550 acres, and any land or
interest in land that is acquired by the United States within
the boundaries of those parcels, are withdrawn from all forms
of location, entry, appropriation, and disposal under the
public land laws, including the mineral leasing laws, the
mining laws, the mineral materials laws, and the geothermal
leasing laws.
(2) Limitation.--Notwithstanding paragraph (1), Parcel 3 is
not withdrawn for purposes of the issuance of oil and gas
pipeline rights-of-way.
(c) Maps and Legal Description.--
(1) Publication and filing.--As soon as practicable after
the date of the enactment of this Act, the Secretary of the
Interior shall--
(A) publish in the Federal Register a legal
description of the parcels of Federal land returned by
subsection (a) and withdrawn by subsection (b); and
(B) file copies of the map described in subsection
(a) and the legal description of the parcels with the
Committee on Armed Services and the Committee on Energy
and Natural Resources of the Senate and the Committee
on Armed Services and the Committee on Natural
Resources of the House of Representatives.
(2) Force of law.--The map and legal descriptions filed
under paragraph (1)--
(A) shall have the same force and effect as if
included in this Act, except that the Secretary of the
Interior may correct errors in the map and legal
descriptions; and
(B) shall be on file and available for public
inspection in the appropriate offices of the Bureau of
Land Management.
[all]
DEBATE - Pursuant to the provisions of H. Res. 260, the Committee of the Whole proceeded with 10 minutes of debate on the Walz amendment No. 53.
DEBATE - Pursuant to the provisions of H. Res. 260, the Committee of the Whole proceeded with 20 minutes of debate on the McKeon en bloc amendments #8.
DEBATE - Pursuant to the provisions of H. Res. 260, the Committee of the Whole proceeded with 10 minutes of debate on the Blumenauer amendment No. 123.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Blumenauer amendment No. 123, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Blumenauer demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 260, the Committee of the Whole proceeded with 10 minutes of debate on the DeLauro amendment No. 137.
POSTPONED PROCEEDINGS - At the conclusion of debate on the DeLauro amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. DeLauro demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1960.
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The previous question was ordered pursuant to the rule. (consideration: CR H3633)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Ms. Duckworth moved to recommit with instructions to Armed Services. (consideration: CR H3633-3635; text: CR H3633-3634)
DEBATE - The House proceeded with 10 minutes of debate on the Duckworth motion to recommit with instructions to report the same back to the House forthwith with an amendment to require that for any sexual assault or sex-related offense, the commander refers the charges to the staff judge advocate. If the victim chooses not to pursue the case through the commander, the victim can seek to refer the charges to the Office of the Chief Prosecutor of the armed force of which the accused is a member. Finally, the motion would require any armed force which does not currently have a Chief Prosecutor to appoint one.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H3634)
On motion to recommit with instructions Failed by recorded vote: 194 - 225, 1 Present (Roll no. 243). (consideration: CR H3635)
Roll Call #243 (House)Passed/agreed to in House: On passage Passed by recorded vote: 315 - 108 (Roll no. 244).
Roll Call #244 (House)On passage Passed by recorded vote: 315 - 108 (Roll no. 244).
Roll Call #244 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1960.
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 126.