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 stan