364 
Budget Control Act of 2011 (Public Law 112–25), financial 
management reform is imperative, and the Department of 
Defense should place continued importance on, and remain 
vigilant in, its financial management reform efforts. 
(c) AUDIT OF DOD FINANCIAL STATEMENTS.—In ad-
dition to the requirement under section 1003(a)(2)(A)(ii) 
of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 10 U.S.C. 2222 note) that the 
Financial Improvement and Audit Readiness Plan describe 
specific actions to be taken and the costs associated with 
ensuring that the financial statements of the Department 
of Defense are validated as ready for audit by not later 
than September 30, 2017, upon the conclusion of fiscal year 
2018, the Secretary of Defense shall ensure that a full audit 
is performed on the financial statements of the Department 
of Defense for such fiscal year. The Secretary shall submit 
to Congress the results of that audit by not later than March 
31, 2019. 
SEC. 1004. AUTHORITY TO TRANSFER FUNDS TO THE NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION TO SUSTAIN NUCLEAR WEAPONS MOD-
ERNIZATION. 
(a) TRANSFER AUTHORIZED.—If the amount author-
ized to be appropriated for the weapons activities of the Na-
tional Nuclear Security Administration under section 3101 
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or otherwise made available for fiscal year 2014 is less than 
$8,400,000,000 (the amount projected to be required for 
such activities in fiscal year 2014 as specified in the report 
under section 1251 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2549)), the Secretary of Defense may transfer, from 
amounts authorized to be appropriated for the Department 
of Defense for fiscal year 2014 pursuant to this Act, to the 
Secretary of Energy an amount, not to exceed $150,000,000, 
to be available only for weapons activities of the National 
Nuclear Security Administration. 
(b) NOTICE TO CONGRESS.—In the event of a transfer 
under subsection (a), the Secretary of Defense shall prompt-
ly notify Congress of the transfer, and shall include in such 
notice the Department of Defense account or accounts from 
which funds are transferred. 
(c) TRANSFER MECHANISM.—Any funds transferred 
under this section shall be transferred in accordance with 
established procedures for reprogramming under section 
1001 or successor provisions of law. 
(d) CONSTRUCTION OF AUTHORITY.—The transfer au-
thority provided under subsection (a) is in addition to any 
other transfer authority provided under this Act. 
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Subtitle B—Counter-Drug Activities 
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT UNI-
FIED 
COUNTER-DRUG 
AND 
COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108-375; 118 Stat. 2042), as most recently amended by sec-
tion 1010 of the National Defense Authorization Act for Fis-
cal Year 2013 (Public Law 112–239; 126 Stat. 1907), is 
amended— 
(1) in subsection (a), by striking ‘‘2013’’ and in-
serting ‘‘2014’’; and 
(2) in subsection (c), by striking ‘‘2013’’ and in-
serting ‘‘2014’’. 
SEC. 1012. EXTENSION OF AUTHORITY FOR JOINT TASK 
FORCES TO PROVIDE SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 
1594; 10 U.S.C. 371 note), as most recently amended by 
section 1011 of the National Defense Authorization Act for 
Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1907) 
is amended by striking ‘‘2013’’ and inserting ‘‘2014’’. 
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367 
SEC. 1013. TWO-YEAR EXTENSION OF AUTHORITY TO PRO-
VIDE ADDITIONAL SUPPORT FOR COUNTER- 
DRUG ACTIVITIES OF CERTAIN FOREIGN GOV-
ERNMENTS. 
Subsection (a)(2) of section 1033 of the National De-
fense Authorization Act for Fiscal Year 1998 (Public Law 
105–85; 111 Stat. 1881), as most recently amended by sec-
tion 1006(a) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1557), is 
amended by striking ‘‘2013’’ and inserting ‘‘2015’’. 
SEC. 1014. SENSE OF CONGRESS REGARDING THE NA-
TIONAL GUARD COUNTER-NARCOTIC PRO-
GRAM. 
It is the sense of Congress that— 
(1) the National Guard Counter-Narcotic Pro-
gram is a valuable tool to counter-drug operations 
across the United States, especially on the southwest 
border; 
(2) the National Guard has an important role in 
combating drug trafficking into the United States; 
and 
(3) the program should received continued fund-
ing. 
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368 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. CLARIFICATION OF SOLE OWNERSHIP RESULT-
ING FROM SHIP DONATIONS AT NO COST TO 
THE NAVY. 
(a) CLARIFICATION OF TRANSFER AUTHORITY.—Sub-
section (a) of section 7306 of title 10, United States Code, 
is amended to read as follows: 
‘‘(a) AUTHORITY TO MAKE TRANSFER.—The Secretary 
of the Navy may convey, by donation, all right, title, and 
interest to any vessel stricken from the Naval Vessel Register 
or any captured vessel, for use as a museum or memorial 
for public display in the United States, to— 
‘‘(1) any State, the District of Columbia, any 
Commonwealth or possession of the United States, or 
any municipal corporation or political subdivision 
thereof; or 
‘‘(2) any nonprofit entity.’’. 
(b) CLARIFICATION OF LIMITATIONS ON LIABILITY AND 
RESPONSIBILITY.—Subsection (b) of such section is amend-
ed to read as follows: 
‘‘(b) LIMITATIONS
ON
LIABILITY
AND
RESPONSI-
BILITY.—(1) The United States and all departments and 
agencies thereof, and their officers and employees, shall not 
be liable at law or in equity for any injury or damage to 
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369 
any person or property occurring on a vessel donated under 
this section. 
‘‘(2) Notwithstanding any other law, the United States 
and all departments and agencies thereof, and their officers 
and employees, shall have no responsibility or obligation 
to make, engage in, or provide funding for, any improve-
ment, upgrade, modification, maintenance, preservation, or 
repair to a vessel donated under this section.’’. 
(c) CLARIFICATION THAT TRANSFERS TO BE MADE AT 
NO COST TO UNITED STATES.—Subsection (c) of such sec-
tion is amended by inserting after ‘‘under this section’’ the 
following: ‘‘, the maintenance and preservation of that ves-
sel as a museum or memorial, and the ultimate disposal 
of that vessel, including demilitarization of Munitions List 
items at the end of the useful life of the vessel as a museum 
or memorial,’’. 
(d) APPLICATION OF ENVIRONMENTAL LAWS; DEFINI-
TIONS.—Such section is further amended by adding at the 
end the following new subsections: 
‘‘(e) APPLICATION OF ENVIRONMENTAL LAWS.—Noth-
ing in this section shall affect the applicability of Federal, 
State, interstate, and local environmental laws and regula-
tions, including the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.) and the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
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370 
U.S.C. 9601 et seq.), to the Department of Defense or to 
a donee. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘nonprofit entity’ means any enti-
ty qualifying as an exempt organization under sec-
tion 501(c)(3) of the Internal Revenue Code of 1986. 
‘‘(2) The term ‘Munitions List’ means the United 
States Munitions List created and controlled under 
section 38 of the Arms Export Control Act (22 U.S.C. 
2778). 
‘‘(3) The term ‘donee’ means any entity receiving 
a vessel pursuant to subsection (a).’’. 
(e) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
‘‘§ 7306. Vessels stricken from Naval Vessel Register; 
captured vessels: conveyance by dona-
tion’’. 
(2) TABLE OF SECTIONS.—The item relating to 
such section in the table of sections at the beginning 
of chapter 633 of such title is amended to read as fol-
lows: 
‘‘7306. Vessels stricken from Naval Vessel Register; captured vessels: conveyance by 
donation.’ ’’’. 
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371 
SEC. 1022. AVAILABILITY OF FUNDS FOR RETIREMENT OR 
INACTIVATION 
OF 
TICONDEROGA 
CLASS 
CRUISERS OR DOCK LANDING SHIPS. 
(a) LIMITATION ON AVAILABILITY OF FUNDS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), none of the funds authorized to be appro-
priated by this Act or otherwise made available for 
fiscal year 2014 for the Department of Defense may 
be obligated or expended to retire, prepare to retire, 
inactivate, or place in storage a cruiser or dock land-
ing ship. 
(2) EXCEPTION.—Notwithstanding paragraph 
(1), the funds referred to in such subsection may be 
obligated or expended to retire the U.S.S. Denver, 
LPD9. 
(b) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Subject to the availability of 
appropriations for such purpose, the Secretary of De-
fense may transfer amounts of authorizations made 
available to the Department of Defense for fiscal year 
2013 specifically for the modernization of vessels re-
ferred to in subsection (a)(1). Amounts of authoriza-
tions so transferred shall be merged with and be 
available for the same purposes as the authorization 
to which transferred. 
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372 
(2) LIMITATION.—The total amount of author-
izations that the Secretary may transfer under the 
authority 
of 
this 
subsection 
may 
not 
exceed 
$914,676,000. 
(3) ADDITIONAL AUTHORITY.—The transfer au-
thority provided by this subsection is in addition to 
the transfer authority provided under section 1001 of 
this Act and under section 1001 of the National De-
fense Authorization Act for Fiscal Year 2013 (Public 
Law 112–239; 126 Stat. 1902). 
SEC. 1023. REPAIR OF VESSELS IN FOREIGN SHIPYARDS. 
(a) NONHOMEPORTED VESSELS.—Subsection (a) of 
section 7310 of title 10, United States Code, is amended— 
(1) by striking ‘‘A naval’’ and inserting ‘‘(1) A 
naval’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) For purposes of this section, a naval vessel that 
does not have a designated homeport shall be treated as 
being homeported in the United States or Guam.’’. 
(b) VOYAGE REPAIR.—Such section is further amend-
ed— 
(1) in subsection (c)(3)(C), by striking ‘‘as de-
fined in Commander Military Sealift Command In-
struction 4700.15C (September 13, 2007) or Joint 
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373 
Fleet Maintenance Manual (Commander Fleet Forces 
Command Instruction 4790.3 Revision A, Change 7), 
Volume III’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) VOYAGE REPAIR DEFINED.—In this section, the 
term ‘voyage repair’ has the meaning given such term in 
Navy Instruction COMFLTFORCOMINST 4790.3B.’’. 
SEC. 1024. SENSE OF CONGRESS REGARDING A BALANCED 
FUTURE NAVAL FORCE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The battle force of the Navy must be suffi-
ciently sized and balanced in capability to meet cur-
rent and anticipated future national security objec-
tives. 
(2) A robust and balanced naval force is required 
for the Department of Defense to fully execute the 
President’s National Security Strategy. 
(3) To develop and sustain required capabilities 
the Navy must balance investment and maintenance 
costs across various ship types, including— 
(A) aircraft carriers; 
(B) surface combatants; 
(C) submarines; 
(D) amphibious assault ships; and 
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374 
(E) other auxiliary vessels, including sup-
port vessels operated by the Military Sealift 
Command. 
(4) Despite a Marine Corps requirement for 38 
amphibious assault ships, the Navy possesses only 30 
amphibious assault ships with an average of 22 ships 
available for surge deployment. 
(5) The inadequate level of investment in Navy 
shipbuilding over the last 20 years has resulted in— 
(A) a fragile shipbuilding industrial base, 
both in the construction yards and secondary 
suppliers of materiel and equipment; and 
(B) increased costs per vessel stemming 
from low production volume. 
(6) The Department of Defense, Military Con-
struction and Veterans Affairs, and Full-Year Con-
tinuing Appropriations Act for Fiscal Year 2013 pro-
vided $263,000,000 towards the advance procurement 
of materiel and equipment required to continue the 
San Antonio LPD 17 amphibious transport dock 
class to a total of 12 ships, a key first step in rebal-
ancing the amphibious assault ship force structure. 
(b) SENSE OF CONGRESS.—It is the Sense of Congress 
that— 
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(1) the Department of Defense and the Depart-
ment of the Navy must prioritize funding towards in-
creased shipbuilding rates to enable the Navy to meet 
the full-range of combatant commander requests; 
(2) the Department of the Navy’s future budget 
requests and the Long Range Plan for the Construc-
tion of Naval Forces must realistically anticipate and 
reflect the true investment necessary to meet stated 
force structure goals; 
(3) without modification to Long Range Plan for 
the Construction of Naval Forces shipbuilding plan, 
the future of the industrial base that enables construc-
tion of large, combat-survivable amphibious assault 
ships is at significant risk; and 
(4) the Department of Defense and Congress 
should act expeditiously to restore the force structure 
and capability balance of the Navy fleet as quickly as 
possible. 
SEC. 1025. AUTHORITY FOR SHORT-TERM EXTENSION OR 
RENEWAL OF LEASES FOR VESSELS SUP-
PORTING THE TRANSIT PROTECTION SYSTEM 
ESCORT PROGRAM. 
(a) IN GENERAL.—Notwithstanding section 2401 of 
title 10, United States Code, the Secretary of the Navy may 
extend or renew the lease of not more than four blocking 
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vessels supporting the Transit Protection System Escort 
Program after the date of the expiration of the lease of such 
vessels, as in effect on the date of the enactment of this Act. 
Such an extension shall be for a term that is the shorter 
of— 
(1) the period beginning on the date of the expi-
ration of the lease in effect on the date of the enact-
ment of this Act and ending on the date on which the 
Secretary determines that a substitute is available for 
the capabilities provided by the lease, or that the ca-
pabilities provided by the vessel are no longer re-
quired; or 
(2) 180 days. 
(b) FUNDING.—Amounts authorized to be appro-
priated by section 301 and available for operation and 
maintenance, Navy, as specified in the funding tables in 
section 4301, may be available for the extension or renewal 
of a lease under subsection (a). 
(c) NOTICE TO CONGRESS.—Prior to extending or re-
newing a lease under subsection (a), the Secretary of the 
Navy shall submit to the congressional defense committees 
notification of the proposed extension or renewal. Such noti-
fication shall include— 
(1) a detailed description of the term of the pro-
posed contract for the extension or renewal of the lease 
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and a justification for extending or renewing the lease 
rather than obtaining the capability provided for by 
the lease, charter, or services involved through pur-
chase of the vessel; and 
(2) a plan for meeting the capability provided 
for by the lease upon the completion of the term of the 
lease contract, as extended or renewed under sub-
section (a). 
Subtitle D—Counterterrorism 
SEC. 1030. CLARIFICATION OF PROCEDURES FOR USE OF 
ALTERNATE MEMBERS ON MILITARY COMMIS-
SIONS. 
(a) PRIMARY AND ALTERNATE MEMBERS.— 
(1) NUMBER OF MEMBERS.—Subsection (a) of 
section 948m of title 10, United States Code, is 
amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘at least five members’’ 
and inserting ‘‘at least five primary mem-
bers and as many alternate members as the 
convening authority shall detail’’; and 
(ii) by adding at the end the following 
new sentence: ‘‘Alternate members shall be 
designated in the order in which they will 
replace an excused primary member.’’ and 
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(B) in paragraph (2), by inserting ‘‘pri-
mary’’ after ‘‘the number of’’. 
(2) GENERAL RULES.—Such section is further 
amended— 
(A) by redesignating subsection (b) and (c) 
as subsections (d) and (e), respectively; and 
(B) by inserting after subsection (a) the fol-
lowing new subsections (b) and (c): 
‘‘(b) PRIMARY MEMBERS.—Primary members of a 
military commission under this chapter are voting mem-
bers. 
‘‘(c) ALTERNATE MEMBERS.—(1) A military commis-
sion may include alternate members to replace primary 
members who are excused from service on the commission. 
‘‘(2) Whenever a primary member is excused from 
service on the commission, an alternate member, if avail-
able, shall replace the excused primary member and the 
trial may proceed.’’. 
(3) EXCUSE
OF
MEMBERS.—Subsection (d) of 
such section, as redesignated by paragraph (2)(A), is 
amended— 
(A) in the matter before paragraph (1), by 
inserting ‘‘primary or alternate’’ before ‘‘mem-
ber’’; 
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(B) by striking ‘‘or’’ at the end of para-
graph (2), 
(C) by striking the period at the end of 
paragraph (3) and inserting ‘‘; or’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(4) in the case of an alternate member, in order 
to reduce the number of alternate members required 
for service on the commission, as determined by the 
convening authority.’’. 
(4) ABSENT AND ADDITIONAL MEMBERS.—Sub-
section (e) of such section, as redesignated by para-
graph (2)(A), is amended— 
(A) in the first sentence— 
(i) by inserting ‘‘the number of pri-
mary members of’’ after ‘‘Whenever’’; 
(ii) by inserting ‘‘primary’’ before 
‘‘members required by’’; and 
(iii) by inserting ‘‘and there are no re-
maining alternate members to replace the 
excused primary members’’ after ‘‘subsection 
(a)’’; and 
(B) by adding at the end the following new 
sentence: ‘‘An alternate member who was present 
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380 
for the introduction of all evidence shall not be 
considered to be a new or additional member.’’. 
(b) CHALLENGES.—Section 949f of such title is 
amended— 
(1) in subsection (a), by inserting ‘‘primary or 
alternate’’ before ‘‘member’’; and 
(2) by adding at the end of subsection (b) the fol-
lowing new sentence: ‘‘Nothing in this section pro-
hibits the military judge from awarding to each party 
such additional peremptory challenges as may be re-
quired in the interests of justice.’’. 
(c) NUMBER OF VOTES REQUIRED.—Section 949m of 
such title is amended— 
(1) by inserting ‘‘primary’’ before ‘‘members’’ 
each place it appears; and 
(2) by adding at the end of subsection (b) the fol-
lowing new paragraph: 
‘‘(4) The primary members present for a vote on a sen-
tence need not be the same primary members who voted on 
the conviction if the requirements of section 948m(d) of this 
title are met.’’. 
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