National Defense Authorization Act for Fiscal Year 2014

S 1197 PCS

 

Calendar No. 91

 

113th CONGRESS

 

1st Session

 

S. 1197

 

[Report No. 113-44]

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

 

IN THE SENATE OF THE UNITED STATES

 

 

June 20, 2013

Mr. LEVIN, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar

 

A BILL

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

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

 

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Defense Authorization Act for Fiscal Year 2014’.

 

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) Divisions- This Act is organized into four divisions as follows:

(b) Table of Contents- The table of contents for this Act is as follows:

• (1) Division A-Department of Defense Authorizations.

  (2) Division B-Military Construction Authorizations.

  (3) Division C-Department of Energy National Security Authorizations and Other Authorizations.

  (4) Division D-Funding Tables.

  Sec. 1. Short title.

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

  Sec. 3. Congressional defense committees.

  Sec. 4. Budgetary effects of this Act.

 

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

 

TITLE I--PROCUREMENT

 

Subtitle A--Authorization of Appropriations

• Sec. 101. Authorization of appropriations.

 

Subtitle C--Navy Programs

• Sec. 121. Multiyear procurement authority for E-2D aircraft.

  Sec. 122. CVN-78 class aircraft carrier program.

  Sec. 123. Repeal of requirements relating to procurement of future surface combatants.

  Sec. 124. Modification of requirements to sustain Navy airborne intelligence, surveillance, and reconnaissance capabilities.

  Sec. 125. Littoral Combat Ship.

 

Subtitle D--Air Force Programs

• Sec. 131. Tactical airlift fleet of the Air Force.

  Sec. 132. Modification of limitations on retirement of B-52 bomber aircraft.

  Sec. 133. Repeal of requirement for maintenance of certain retired KC-135E aircraft.

  Sec. 134. Prohibition of procurement of unnecessary C-27J aircraft by the Air Force.

 

Subtitle E--Joint and Multiservice Matters

• Sec. 151. Multiyear procurement authority for C-130J aircraft.

  Sec. 152. Sense of Senate on the United States helicopter industrial base.

 

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

 

Subtitle A--Authorization of Appropriations

• Sec. 201. Authorization of appropriations.

 

Subtitle B--Program Requirements, Restrictions, and Limitations

• Sec. 211. Conventional Prompt Global Strike program.

  Sec. 212. Modification of requirements on biennial strategic plan for the Defense Advanced Research Projects Agency.

  Sec. 213. Extension of authority for program to award prizes for advanced technology achievements.

  Sec. 214. Five-year extension of pilot program to include technology protection features during research and development of certain defense systems.

  Sec. 215. Extension of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

  Sec. 216. Sustainment or replacement of Blue Devil Intelligence, Surveillance, and Reconnaissance System.

 

Subtitle C--Missile Defense Programs

• Sec. 231. Homeland ballistic missile defense.

  Sec. 232. Regional ballistic missile defense.

  Sec. 233. Missile defense cooperation with Russia.

  Sec. 234. Additional missile defense radar for the protection of the United States homeland.

  Sec. 235. Evaluation of options for future ballistic missile defense sensor architectures.

  Sec. 236. Prohibition on the use of funds for the MEADS program.

 

Subtitle D--Reports and Other Matters

• Sec. 251. Annual Comptroller General of the United States report on the acquisition program for the VXX Presidential Helicopter.

 

TITLE III--OPERATION AND MAINTENANCE

 

Subtitle A--Authorization of Appropriations

• Sec. 301. Operation and maintenance funding.

 

Subtitle B--Logistics and Sustainment

• Sec. 311. Sustainment of critical manufacturing capabilities within Army arsenals.

  Sec. 312. Strategic policy for prepositioned materiel and equipment.

  Sec. 313. Extension and modification of authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes.

 

Subtitle C--Readiness

• Sec. 321. Modification of authorities on prioritization of funds for equipment readiness and strategic capability.

  Sec. 322. Strategic policy for the retrograde, reconstitution, and replacement of operating forces used to support overseas contingency operations.

 

Subtitle D--Reports

• Sec. 331. Strategy for improving asset visibility and in-transit visibility.

  Sec. 332. Changes to quarterly reports on personnel and unit readiness.

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

  Sec. 334. Modification of annual corrosion control and prevention reporting requirements.

 

Subtitle E--Limitations and Extension of Authority

• Sec. 341. Limitation on funding for United States Special Operations Command National Capital Region.

  Sec. 342. Limitation on funding for Regional Special Operations Coordination Centers.

  Sec. 343. Limitation on availability of funds for Trans Regional Web Initiative (TRWI).

 

Subtitle F--Other Matters

• Sec. 351. Revised policy on ground combat and camouflage utility uniforms.

  Sec. 352. Authorization to institute a centralized, automated mail redirection system to improve the delivery of absentee ballots to military personnel serving outside the United States.

 

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 POLICY

 

Subtitle A--Officer Personnel Policy Generally

• Sec. 501. Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer.

 

Subtitle B--Reserve Component Management

• Sec. 506. Information to be provided to boards considering officers for selective early removal from the reserve active-status list.

  Sec. 507. Removal of restrictions on the transfer of officers between the active and inactive National Guard.

  Sec. 508. Limitation on certain cancellations of deployment of reserve component units within 180 days of scheduled date of deployment.

  Sec. 509. National Guard Youth Challenge Program.

 

Subtitle C--General Service Authorities

• Sec. 511. Expansion and enhancement of authorities relating to protected communications of members of the Armed Forces and prohibited retaliatory actions.

  Sec. 512. Enhancement of protection of rights of conscience of members of the Armed Forces and chaplains of such members.

  Sec. 513. Department of Defense Inspector General reports on compliance with requirements for the protection of rights of conscience of members of the Armed Forces and their chaplains.

 

Subtitle D--Member Education and Training

• Sec. 521. Authority for joint professional military education Phase II instruction and credit to be offered and awarded through senior-level course of School of Advanced Military Studies of the United States Army Command and General Staff College.

  Sec. 522. Authority for Uniformed Services University of the Health Sciences to support undergraduate and other medical education and training programs for military medical personnel.

  Sec. 523. Expansion of eligibility for associate degree programs under the Community College of the Air Force.

  Sec. 524. Additional requirements for approval of educational programs for purposes of certain educational assistance under laws administered by the Secretary of Defense.

  Sec. 525. Enhancement of mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses.

  Sec. 526. Coverage of military occupational specialities relating to military information technology under pilot program on receipt of civilian credentials for skills required for military occupational specialties.

  Sec. 527. Sense of Senate on the Troops-to-Teachers Program.

  Sec. 528. Conforming amendment relating to renaming of North Georgia College and State University as University of North Georgia.

 

Subtitle E--Sexual Assault Prevention and Response and Military Justice Matters

 

PART I--Sexual Assault Prevention and Response

• Sec. 531. Prohibition on service in the Armed Forces by individuals who have been convicted of certain sexual offenses.

  Sec. 532. Temporary administrative reassignment or removal of a member of the Armed Forces on active duty who is accused of committing a sexual assault or related offense.

  Sec. 533. Issuance of regulations applicable to the Coast Guard regarding consideration of request for permanent change of station or unit transfer by victim of sexual assault.

  Sec. 534. Inclusion and command review of information on sexual-related offenses in personnel service records of members of the Armed Forces.

  Sec. 535. Enhanced responsibilities of Sexual Assault Prevention and Response Office for Department of Defense sexual assault prevention and response program.

  Sec. 536. Comprehensive review of adequacy of training for members of the Armed Forces on sexual assault prevention and response.

  Sec. 537. Availability of Sexual Assault Response Coordinators for members of the National Guard and the Reserves.

  Sec. 538. Retention of certain forms in connection with Restricted Reports and Unrestricted Reports on sexual assault involving members of the Armed Forces.

  Sec. 539. Special Victims’ Counsel for victims of sexual assault committed by members of the Armed Forces.

  Sec. 540. Sense of Congress on commanding officer responsibility for command climate free of retaliation.

  Sec. 541. Commanding officer action on reports on sexual offenses involving members of the Armed Forces.

  Sec. 542. Department of Defense Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault.

  Sec. 543. Advancement of submittal deadline for report of independent panel on assessment of military response systems to sexual assault.

  Sec. 544. Assessment of clemency in the military justice system and of database of alleged offenders of sexual assault as additional duties of independent panel on review and assessment of systems to respond to sexual assault cases.

  Sec. 545. Assessment of provisions and proposed provisions of law on sexual assault prevention and response as additional duties of independent panels for review and assessment of Uniform Code of Military Justice and judicial proceedings of sexual assault cases.

  Sec. 546. Assessment of compensation and restitution of victims of offenses under the Uniform Code of Military Justice as additional duty of independent panel on review and assessment of judicial proceedings of sexual assault cases.

 

PART II--Related Military Justice Matters

• Sec. 551. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes.

  Sec. 552. Review of decisions not to refer charges of certain sexual offenses to trial by court-martial.

  Sec. 553. Defense counsel interview of complaining witnesses in presence of trial counsel or outside counsel.

  Sec. 554. Mandatory discharge or dismissal for certain sex-related offenses under the Uniform Code of Military Justice and trial of such offenses by general courts-martial.

  Sec. 555. Limitation on authority of convening authority to modify findings of a court-martial.

  Sec. 556. Participation by complaining witnesses in clemency phase of courts-martial process.

  Sec. 557. Secret