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(2) TREATMENT
AS
DEPARTMENT
OF
DEFENSE 
STOCKS.—The equipment described in paragraph (1), 
and equipment not yet transferred to the security forces 
of Afghanistan that is determined by the Commander, 
Combined Security Transition Command-Afghanistan 
(or the Commander’s designee) to no longer be required 
for transfer to such forces, may be treated as stocks of 
the Department of Defense upon notification to the con-
gressional defense committees of such treatment. 
(3) REPORTS.— 
(A) INITIAL REPORT.—Not later than 60 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees a report that details all equip-
ment that was transferred to the security forces of 
Afghanistan and returned by such forces to the 
United States, including type of equipment and rea-
son for its return. 
(B) SUBSEQUENT REPORTS.—Not later than 
30 days after the end of the first two fiscal year 
quarters of fiscal year 2014, and not later than 30 
days after the end of each fiscal half-year there-
after, the Secretary shall submit to the congres-
sional defense committees a report on the equip-
ment accepted under paragraph (1) during such fis-
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cal year quarter or half-year, as the case may be. 
Each report shall include, for the period covered by 
such report, a list of all equipment accepted under 
paragraph (1) that was treated as the stocks of the 
Department pursuant to paragraph (2). 
SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 
FUND. 
(a) USE AND TRANSFER OF FUNDS.—Subsections (b) 
and (c) of section 1514 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2439), as in effect before the amendments 
made by section 1503 of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4649), shall apply to the funds made 
available to the Department of Defense for the Joint Impro-
vised Explosive Device Defeat Fund for fiscal year 2014. 
(b) TERMINATION OF NOTIFICATION REQUIREMENT.— 
Effective December 31, 2014, paragraph (4) of subsection (c) 
of section 1514 of the John Warner National Defense Au-
thorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2439), as amended by section 1503(c) of the Dun-
can Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4649), is re-
pealed.
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(c) EXTENSION OF INTERDICTION OF IMPROVISED EX-
PLOSIVE DEVICE PRECURSOR CHEMICALS AUTHORITY.—Sec-
tion 1532(c)(4) of the National Defense Authorization Act 
for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2057) 
is amended by striking ‘‘December 31, 2013’’ and inserting 
‘‘December 31, 2014’’. 
(d) SEMIANNUAL OBLIGATIONS AND EXPENDITURE RE-
PORTS.—Not later April 15 and October 15, 2014, the Sec-
retary of Defense shall provide to the congressional defense 
committees a report on the Joint Improvised Explosive De-
vice Defeat Fund explaining commitments, obligations, and 
expenditures by line of operation during the preceding six 
months. 
SEC. 1533. FUTURE ROLE OF JOINT IMPROVISED EXPLOSIVE 
DEVICE DEFEAT ORGANIZATION. 
(a) REPORT REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the congressional defense committees a 
report on the future plans of the Department of Defense for 
the Joint Improvised Explosive Device Defeat Organization 
(JIEDDO). The Secretary shall prepare the report in con-
sultation with the Chairman of the Joint Chiefs of Staff. 
(b) REQUIRED ELEMENTS.—The report required by sub-
section (a) shall include the following elements:
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(1) The operational and enduring requirements con-
sidered in determining the future plans for JIEDDO. 
(2) If the Secretary of Defense plans to discontinue 
JIEDDO— 
(A) a description of how JIEDDO’s major pro-
grams, capabilities, and lines of operations will be 
integrated into other components within the De-
partment of Defense or discontinued; and 
(B) a statement of the estimated costs to other 
components of the Department for any JIEDDO 
program, capability, or line of operations reassigned 
to such components. 
(3) If the Secretary of Defense plans to continue 
JIEDDO— 
(A) a statement of the expected mission of 
JIEDDO; 
(B) a description of the expected organiza-
tional structure for JIEDDO, including the report-
ing structure and lines of operation within the De-
partment and personnel strength, including contrac-
tors; and 
(C) a statement of the estimated costs and 
budgetary impacts related to implementing any 
changes to the mission of JIEDDO and its organi-
zational structure.
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(4) A timeline for implementation of the selected al-
ternative described in paragraph (2) or (3). 
(5) A description of how the Department will iden-
tify and incorporate lessons learned from establishing 
and managing JIEDDO and its programs. 
SEC. 1534. EXTENSION OF AUTHORITY FOR TASK FORCE FOR 
BUSINESS AND STABILITY OPERATIONS IN AF-
GHANISTAN. 
(a) EXTENSION.—Subsection (a) of section 1535 of the 
Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 4426), as most 
recently amended by section 1533 of the National Defense 
Authorization Act for Fiscal Year 2013 (Public Law 112– 
239; 126 Stat. 2058), is further amended— 
(1) in paragraph (6), by striking ‘‘and October 31, 
2011, October 31, 2012, and October 31, 2013’’ and in-
serting ‘‘October 31 of each of 2011 through 2014’’; and 
(2) in paragraph (8), by striking ‘‘September 30, 
2013’’ and inserting ‘‘December 31, 2014’’. 
(b) FUNDING.—Subparagraph (B) of paragraph (4) of 
such subsection, as so amended, is further amended— 
(1) in clause (i), by striking ‘‘and’’ at the end; 
(2) in clause (ii), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new clause:
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•HRES 441 EH 
‘‘(iii) may not exceed $63,800,000 for fis-
cal year 2014.’’. 
(c) ADDITIONAL
LIMITATION
ON
AVAILABILITY
OF 
FUNDS.—Paragraph (4) of such subsection is further amend-
ed— 
(1) by redesignating subparagraph (C) as subpara-
graph (D); 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C): 
‘‘(C) LIMITATION ON AVAILABILITY OF FUNDS 
FOR FISCAL YEAR 2014.—None of the funds avail-
able for fiscal year 2014 pursuant to subparagraph 
(B)(iii) may be obligated to assist the Government 
of Afghanistan in the purchase of equipment, sup-
plies, or materials for mining and oil and gas re-
sources during fiscal year 2014 or the installation 
of such equipment, supplies, or materials, until the 
date on which the Secretary of Defense certifies to 
the Committees on Armed Services of the Senate 
and the House of Representatives that the Govern-
ment of Afghanistan has agreed to reimburse the 
Government of the United States for the amount of 
any such funds, from royalties received from mining 
or oil and gas contracts awarded by the Govern-
ment of Afghanistan.’’; and
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•HRES 441 EH 
(3) in subparagraph (D), as redesignated by para-
graph (1), by inserting ‘‘OF
FUNDS
ACROSS
FISCAL 
YEARS’’ after ‘‘AVAILABILITY’’. 
(d) CONVERSION OF UPDATE OF IMPLEMENTATION OF 
TRANSITION ACTION PLAN FROM QUARTERLY
TO BIAN-
NUALLY.—Paragraph (7)(B) of such subsection, as so 
amended, is further amended by striking ‘‘90 days’’ and 
inserting‘‘180 days’’. 
TITLE XVI—INDUSTRIAL BASE 
MATTERS 
Subtitle A—Defense Industrial Base Matters 
Sec. 1601. Periodic audits of contracting compliance by Inspector General of 
Department of Defense. 
Sec. 1602. Foreign space activities. 
Sec. 1603. Proof of Concept Commercialization Pilot Program. 
Subtitle B—Matters Relating to Small Business Concerns 
Sec. 1611. Advancing small business growth. 
Sec. 1612. Amendments relating to Procurement Technical Assistance Coopera-
tive Agreement Program. 
Sec. 1613. Reporting on goals for procurement contracts awarded to small busi-
ness concerns. 
Sec. 1614. Credit for certain small business subcontractors. 
Sec. 1615. Inapplicability of requirement to review and justify certain con-
tracts. 
Subtitle A—Defense Industrial Base 
Matters 
SEC. 1601. PERIODIC AUDITS OF CONTRACTING COMPLIANCE 
BY INSPECTOR GENERAL OF DEPARTMENT OF DE-
FENSE. 
(a) REQUIREMENT
FOR PERIODIC AUDITS
OF CON-
TRACTING COMPLIANCE.—The Inspector General of the De-
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•HRES 441 EH 
partment of Defense shall conduct periodic audits of con-
tracting practices and policies related to procurement under 
section 2533a of title 10, United States Code. 
(b) REQUIREMENT FOR ADDITIONAL INFORMATION IN 
SEMIANNUAL REPORTS.—The Inspector General of the De-
partment of Defense shall ensure that findings and other in-
formation resulting from audits conducted pursuant to sub-
section (a) are included in the semiannual report transmitted 
to congressional committees under section 8(f)(1) of the In-
spector General Act of 1978 (5 U.S.C. App.). 
SEC. 1602. FOREIGN SPACE ACTIVITIES. 
(a) CONTRACTS WITH CERTAIN FOREIGN ENTITIES.— 
(1) IN GENERAL.—Chapter 135 of title 10, United 
States Code, as amended by section 911(a) of this Act, 
is further amended by adding at the end the following 
new section: 
‘‘§ 2279. Foreign commercial satellite services 
‘‘(a) PROHIBITION.—Except as provided in subsection 
(b), the Secretary of Defense may not enter into a contract 
for satellite services with a foreign entity if the Secretary rea-
sonably believes that— 
‘‘(1) the foreign entity is an entity in which the gov-
ernment of a covered foreign country has an ownership 
interest that enables that government to affect satellite 
operations; or
640 
•HRES 441 EH 
‘‘(2) the foreign entity plans to or is expected to 
provide launch or other satellite services under the con-
tract from a covered foreign country. 
‘‘(b) NOTICE AND EXCEPTION.—The prohibition in sub-
section (a) shall not apply to a contract if— 
‘‘(1) the Secretary determines it is in the national 
security of the United States to enter into such contract; 
and 
‘‘(2) not later than 7 days before entering into such 
contract, the Secretary, in consultation with the Director 
of National Intelligence, submits to the congressional de-
fense committees a national security assessment for such 
contract that includes the following: 
‘‘(A) The projected period of performance (in-
cluding any period covered by options to extend the 
contract), the financial terms, and a description of 
the services to be provided under the contract. 
‘‘(B) To the extent practicable, a description of 
the ownership interest that a covered foreign coun-
try has in the foreign entity providing satellite serv-
ices to the Department of Defense under the con-
tract and the launch or other satellite services that 
will be provided in a covered foreign country under 
the contract.
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•HRES 441 EH 
‘‘(C) A justification for entering into a contract 
with such foreign entity and a description of the ac-
tions necessary to eliminate the need to enter into 
such a contract with such foreign entity in the fu-
ture. 
‘‘(D) A risk assessment of entering into a con-
tract with such foreign entity, including an assess-
ment of mission assurance and security of informa-
tion and a description of any measures necessary to 
mitigate risks found by such risk assessment. 
‘‘(c) DELEGATION
OF NOTICE
AND EXCEPTION AU-
THORITY.—The Secretary of Defense may only delegate the 
authority under subsection (b) to enter into a contract sub-
ject to the prohibition under subsection (a) to the Deputy 
Secretary of Defense, the Under Secretary of Defense for 
Policy, or the Under Secretary of Defense for Acquisition, 
Technology, and Logistics and such authority may not be fur-
ther delegated. 
‘‘(d) FORM OF ASSESSMENTS.—Each assessment under 
subsection (b) shall be submitted in unclassified form, but 
may include a classified annex. 
‘‘(e) COVERED FOREIGN COUNTRY DEFINED.—In this 
section, the term ‘covered foreign country’ means a country 
described in section 1261(c)(2) of the National Defense Au-
642 
•HRES 441 EH 
thorization Act for Fiscal Year 2013 (Public Law 112–239; 
126 Stat. 2019).’’. 
(2) TABLE OF SECTIONS AMENDMENT.—The table 
of sections at the beginning of such chapter, as amended 
by section 911(b) of this Act, is further amended by 
adding at the end the following item: 
‘‘2279. Foreign commercial satellite services.’’. 
(b) LIMITATION ON CONSTRUCTION ON UNITED STATES 
TERRITORY
OF SATELLITE POSITIONING GROUND MONI-
TORING STATIONS OF FOREIGN GOVERNMENTS.— 
(1) CERTIFICATION.— 
(A) IN GENERAL.—The President may not au-
thorize or permit the construction of a global navi-
gation satellite system ground monitoring station 
directly or indirectly controlled by a foreign govern-
ment (including a ground monitoring station owned, 
operated, or controlled on behalf of a foreign gov-
ernment) in the territory of the United States un-
less the Secretary of Defense and the Director of 
National Intelligence jointly certify to the appro-
priate congressional committees that such ground 
monitoring station will not possess the capability or 
potential to be used for the purpose of gathering in-
telligence in the United States or improving any 
foreign weapon system.
643 
•HRES 441 EH 
(B) FORM.—Each certification under subpara-
graph (A) shall be submitted in unclassified form, 
but may include a classified annex. 
(2) NATIONAL SECURITY WAIVER.—The Secretary 
of Defense and the Director of National Intelligence may 
jointly waive the certification requirement in paragraph 
(1) for a ground monitoring station if— 
(A) the Secretary and the Director jointly de-
termine that the waiver is in the vital interests of 
the national security of the United States; and 
(B) the Secretary and the Director ensure 
that— 
(i) all data collected or transmitted from 
ground monitoring stations covered by the 
waiver are not encrypted; 
(ii) all persons involved in the construc-
tion, operation, and maintenance of such 
ground monitoring stations are United States 
persons; 
(iii) such ground monitoring stations are 
not located in geographic proximity to sensitive 
United States national security sites; 
(iv) the United States approves all equip-
ment to be located at such ground monitoring 
stations;
644 
•HRES 441 EH 
(v) appropriate actions are taken to en-
sure that any such ground monitoring stations 
do not pose a cyber espionage or other threat, 
including intelligence or counterintelligence, to 
the national security of the United States; and 
(vi) any improvements to such ground 
monitoring stations do not reduce or compete 
with the advantages of Global Positioning Sys-
tem technology for users. 
(3) WAIVER REPORT.—For each waiver under para-
graph (2), the Secretary of Defense and the Director of 
National Intelligence, in consultation with the Secretary 
of State, shall jointly submit to the appropriate congres-
sional committees a report containing— 
(A) the reason why it is not possible to provide 
the certification under paragraph (1) for the ground 
monitoring stations covered by such waiver; 
(B) an assessment of the impact of the exercise 
of authority under paragraph (2) with respect to 
such ground monitoring stations on the national se-
curity of the United States; 
(C) a description of the means to be used to 
mitigate any such impact to the United States for 
the duration that such ground monitoring stations
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•HRES 441 EH 
are operated in the territory of the United States; 
and 
(D) any other information in connection with 
the waiver that the Secretary of Defense and the 
Director of National Intelligence, in consultation 
with the Secretary of State, consider appropriate. 
(4) NOTICE.—Not later than 30 days before the ex-
ercise of the authority to waive under paragraph (2) the 
certification requirement under paragraph (1) for a 
ground monitoring station, the Secretary of Defense and 
the Director of National Intelligence shall jointly provide 
to the appropriate congressional committees notice of the 
exercise of such authority and the report required under 
paragraph (3) with respect to such ground monitoring 
station. 
(5) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Relations, and the Select 
Committee on Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
committee on Foreign Affairs, and the Permanent 
Select Committee on Intelligence of the House of 
Representatives.
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•HRES 441 EH 
(6) SUNSET.—Effective on the date that is five 
years after the date of the enactment of this Act, para-
graphs (1) through (5) are repealed. 
SEC. 1603. PROOF OF CONCEPT COMMERCIALIZATION PILOT 
PROGRAM. 
(a) PILOT PROGRAM.—The Secretary of Defense, acting 
through the Assistant Secretary of Defense for Research and 
Engineering, may establish and implement a pilot program, 
to be known as the ‘‘Proof of Concept Commercialization 
Pilot Program’’, in accordance with this section. 
(b) PURPOSE.—The purpose of the pilot program is to 
accelerate the commercialization of basic research innovations 
from qualifying institutions. 
(c) AWARDS.— 
(1) IN GENERAL.—Under the pilot program, the 
Secretary shall make financial awards to qualifying insti-
tutions in accordance with this subsection. 
(2) COMPETITIVE, 
MERIT-BASED
PROCESS.—An 
award under the pilot program shall be made using a 
competitive, merit-based process. 
(3) ELIGIBILITY.—A qualifying institution shall be 
eligible for an award under the pilot program if the in-
stitution agrees to— 
(A) use funds from the award for the uses 
specified in paragraph (5); and
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•HRES 441 EH 
(B) oversee the use of the funds through— 
(i) a rigorous, diverse review board com-
prised of experts in translational and proof of 
concept research, including industry, start-up, 
venture capital, technical, financial, and busi-
ness experts and university technology transfer 
officials; 
(ii) technology validation milestones fo-
cused on market feasibility; 
(iii) 
simple 
reporting 
on 
program 
progress; and 
(iv) a process to reallocate funding from 
poor performing projects to those with more 
potential. 
(4) CRITERIA.—An award may be made under the 
pilot program to a qualifying institution in accordance 
with the following criteria: 
(A) The extent to which a qualifying institu-
tion— 
(i) has an established and proven tech-
nology transfer or commercialization office and 
has a plan for engaging that office in the pro-
gram’s implementation or has outlined an in-
novative approach to technology transfer that 
has the potential to increase or accelerate tech-
648 
•HRES 441 EH 
nology transfer outcomes and can be adopted 
by other qualifying institutions; 
(ii) can assemble a project management 
board comprised of industry, start-up, venture 
capital, technical, financial, and business ex-
perts; 
(iii) has an intellectual property rights 
strategy or office; and 
(iv) demonstrates a plan for sustainability 
beyond the duration of the funding from the 
award. 
(B) Such other criteria as the Secretary deter-
mines necessary. 
(5) USE OF AWARD.— 
(A) IN
GENERAL.—Subject to subparagraph 
(B), the funds from an award may be used to evalu-
ate the commercial potential of existing discoveries, 
including activities that contribute to determining a 
project’s commercialization path, including technical 
validations, market research, clarifying intellectual 
property rights, and investigating commercial and 
business opportunities. 
(B) LIMITATIONS.— 
(i) The amount of an award may not ex-
ceed $500,000 a year.
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•HRES 441 EH 
(ii) Funds from an award may not be 
used for basic research, or to fund the acquisi-
tion of research equipment or supplies unre-
lated to commercialization activities. 
(d) REPORT.—Not later than one year after the estab-
lishment of the pilot program, the Secretary shall submit to 
the congressional defense committees and to the Committee 
on Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report evaluating the effec-
tiveness of the activities of the pilot program. The report 
shall include— 
(1) a detailed description of the pilot program, in-
cluding incentives and activities undertaken by review 
board experts; 
(2) an accounting of the funds used in the pilot pro-
gram; 
(3) a detailed description of the institutional selec-
tion process; 
(4) a detailed compilation of results achieved by the 
pilot program; and 
(5) an analysis of the program’s effectiveness, with 
data supporting the analysis. 
(e) QUALIFYING INSTITUTION DEFINED.—In this sec-
tion, the term ‘‘qualifying institution’’ means a nonprofit in-
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stitution, as defined in section 4(3) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3703(3)), or 
a Federal laboratory, as defined in section 4(4) of the Steven-
son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3703(4)). 
(f) LIMITATION.—Not more than $5,000,000 may be ob-
ligated or expended to conduct the pilot program under this 
section. 
(g) TERMINATION.—The pilot program conducted under 
this section shall terminate on September 30, 2018. 
Subtitle B—Matters Relating to Small 
Business Concerns 
SEC. 1611. ADVANCING SMALL BUSINESS GROWTH. 
(a) ADVANCING SMALL BUSINESS GROWTH.— 
(1) IN GENERAL.—Chapter 142 of title 10, United 
States Code, is amended— 
(A) by redesignating section 2419 as section 
2420; and 
(B) by inserting after section 2418 the fol-
lowing new section 2419: 
‘‘§ 2419. Advancing small business growth 
‘‘(a) CONTRACT CLAUSE REQUIRED.—(1) The Under 
Secretary of Defense for Acquisition, Technology, and Logis-
tics shall require the clause described in paragraph (2) to be
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included in each covered contract awarded by the Department 
of Defense. 
‘‘(2) The clause described in this paragraph is a clause 
that— 
‘‘(A) requires the contractor to acknowledge that 
acceptance of the contract may cause the business to ex-
ceed the applicable small business size standards (estab-
lished pursuant to section 3(a) of the Small Business 
Act) for the industry concerned and that the contractor 
may no longer qualify as a small business concern for 
that industry; and 
‘‘(B) encourages the contractor to develop capabili-
ties and characteristics typically desired in contractors 
that are competitive as an other-than-small business in 
that industry. 
‘‘(b) AVAILABILITY
OF
ASSISTANCE.—Covered small 
businesses may be provided assistance as part of any procure-
ment technical assistance furnished pursuant to this chapter. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered contract’ means a con-
tract— 
‘‘(A) awarded to a qualified small business con-
cern as defined pursuant to section 3(a) of the 
Small Business Act; and 
‘‘(B) with an estimated annual value—
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•HRES 441 EH 
‘‘(i) that will exceed the applicable receipt- 
based small business size standard; or 
‘‘(ii) if the contract is in an industry with 
an employee-based size standard, that will ex-
ceed $70,000,000. 
‘‘(2) The term ‘covered small business’ means a 
qualified small business concern as defined pursuant to 
section 3(a) of the Small Business Act that has entered 
into a contract with the Department of Defense that in-
cludes a contract clause described in subsection (a)(2).’’. 
(2) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by striking 
the item relating to section 2419 and inserting the fol-
lowing: 
‘‘2419. Advancing small business growth. 
‘‘2420. Regulations.’’. 
(b) EXCEPTION TO LIMITATION ON FUNDING.—Section 
2414 of such title is amended— 
(1) in subsection (a), by striking ‘‘The value’’ and 
inserting ‘‘Except as provided in subsection (c), the 
value’’; and 
(2) by adding at the end the following new sub-
section (c): 
‘‘(c) EXCEPTION.—The value of the assistance provided 
in accordance with section 2419(b) of this title is not subject 
to the limitations in subsection (a).’’.
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(c) REVISIONS TO COOPERATIVE AGREEMENTS.— 
(1) FULL FUNDING ALLOWED FOR CERTAIN ASSIST-
ANCE.—Section 2413(b) of such title is amended— 
(A) by striking ‘‘except that in the case’’ and 
inserting: ‘‘except that— 
‘‘(1) in the case’’; 
(B) by striking the period at the end and in-
serting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) in the case of a program sponsored by such an 
entity that provides assistance for covered small busi-
nesses pursuant to section 2419(b) of this title, the Sec-
retary may agree to furnish the full cost of such assist-
ance.’’. 
(2) ADDITIONAL CONSIDERATIONS.—Section 2413 
of such title is further amended by adding at the end the 
following new subsection: 
‘‘(e) In determining the level of funding to provide under 
an agreement under subsection (b), the Secretary shall con-
sider the forecast by the eligible entity of demand for pro-
curement technical assistance, and, in the case of an estab-
lished program under this chapter, the outlays and receipts 
of such program during prior years of operation.’’.
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•HRES 441 EH 
(3) CONFORMING
AMENDMENT.—Section 2413(d) 
of such title is amended by striking ‘‘and in determining 
the level of funding to provide under an agreement 
under subsection (b),’’. 
(d) REPORT REQUIRED.—Not later than March 15, of 
2015, 2016, and 2017, the Secretary of Defense shall submit 
to the congressional defense committees a report on the im-
plementation of the amendments made by this section, along 
with any recommendations for improving the Procurement 
Technical Assistance Cooperative Agreement Program. 
SEC. 1612. AMENDMENTS RELATING TO PROCUREMENT TECH-
NICAL ASSISTANCE COOPERATIVE AGREEMENT 
PROGRAM. 
(a) 
INCREASE
IN
GOVERNMENT
SHARE.—Section 
2413(b) of title 10, United States Code, is amended— 
(1) by striking ‘‘one-half’’ both places it appears 
and inserting ‘‘65 percent’’; and 
(2) by striking ‘‘three-fourths’’ and inserting ‘‘75 
percent’’. 
(b) INCREASE IN LIMITATIONS ON VALUE OF ASSIST-
ANCE.—Section 2414(a) of such title is amended— 
(1) in paragraphs (1) and (4), by striking 
‘‘$600,000’’ and inserting ‘‘$750,000’’; 
(2) in paragraph (2), by striking ‘‘$300,000’’ and 
inserting ‘‘$450,000’’; and
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•HRES 441 EH 
(3) in paragraph (3), by striking ‘‘$150,000’’ and 
inserting ‘‘$300,000’’. 
SEC. 1613. REPORTING ON GOALS FOR PROCUREMENT CON-
TRACTS AWARDED TO SMALL BUSINESS CON-
CERNS. 
Subsection (h)(1) of section 15 of the Small Business 
Act (15 U.S.C. 644) is amended— 
(1) by striking ‘‘and’’ at the end of subparagraph 
(B); 
(2) by striking the period at the end of subpara-
graph (C) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new subpara-
graph: 
‘‘(D) a remediation plan with proposed new 
practices to better meet such goals, including anal-
ysis of factors leading to any failure to achieve such 
goals.’’. 
SEC. 1614. CREDIT FOR CERTAIN SMALL BUSINESS SUB-
CONTRACTORS. 
(a) IN GENERAL.—Section 8(d) of the Small Business 
Act (15 U.S.C. 637(d)) is amended— 
(1) in paragraph (6)(D), by adding before the semi-
colon at the end the following: ‘‘, and assurances at a 
minimum that the offeror or bidder, and all subcontrac-
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tors required to maintain subcontracting plans pursuant 
to this paragraph, will— 
‘‘(i) review and approve subcontracting plans 
submitted by their subcontractors; 
‘‘(ii) monitor subcontractor compliance with 
their approved subcontracting plans; 
‘‘(iii) ensure that subcontracting reports are 
submitted by their subcontractors when required; 
‘‘(iv) acknowledge receipt of their subcontrac-
tors’ reports; 
‘‘(v) compare the performance of their sub-
contractors to subcontracting plans and goals; and 
‘‘(vi) discuss performance with subcontractors 
when necessary to ensure their subcontractors make 
a good faith effort to comply with their subcon-
tracting plans’’; 
(2) in paragraph (6)(F), by striking ‘‘and’’ at the 
end; 
(3) by redesignating subparagraph (G) of para-
graph (6) as subparagraph (H), and inserting after sub-
paragraph (F) of paragraph (6) the following new sub-
paragraph (G): 
‘‘(G) a recitation of the types of records the suc-
cessful offeror or bidder will maintain to demonstrate 
procedures which have been adopted to ensure sub-
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contractors at all tiers comply with the requirements and 
goals set forth in the plan established in accordance with 
subparagraph (D) of this paragraph, including— 
‘‘(i) the establishment of source lists of small 
business concerns, small business concerns owned 
and controlled by veterans, small business concerns 
owned and controlled by service-disabled veterans, 
qualified HUBZone small business concerns, small 
business concerns owned and controlled by socially 
and economically disadvantaged individuals, and 
small business concerns owned and controlled by 
women; and 
‘‘(ii) efforts to identify and award subcontracts 
to such small business concerns; and’’; 
(4) by adding at the end the following: 
‘‘(16) CREDIT FOR CERTAIN SUBCONTRACTORS.— 
‘‘(A) For purposes of determining whether or not a 
prime contractor has attained the percentage goals speci-
fied in paragraph (6)— 
‘‘(i) if the subcontracting goals pertain only to 
a single contract with the executive agency, the 
prime contractor shall receive credit for small busi-
ness concerns performing as first tier subcontrac-
tors or subcontractors at any tier pursuant to the 
subcontracting plans required under paragraph
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•HRES 441 EH 
(6)(D) in an amount equal to the dollar value of 
work awarded to such small business concerns; and 
‘‘(ii) if the subcontracting goals pertain to 
more than one contract with one or more executive 
agencies, or to one contract with more than one ex-
ecutive agency, the prime contractor may only count 
first tier subcontractors that are small business con-
cerns. 
‘‘(B) Nothing in this paragraph shall abrogate the 
responsibility of a prime contractor to make a good-faith 
effort to achieve the first tier small business subcon-
tracting goals negotiated under paragraph (6)(A), or the 
requirement for subcontractors with further opportuni-
ties for subcontracting to make a good-faith effort to 
achieve the goals established under paragraph (6)(D).’’. 
(b) DEFINITIONS PERTAINING TO SUBCONTRACTING.— 
Section 3 of the Small Business Act (15 U.S.C. 632) is 
amended by adding at the end the following: 
‘‘(dd) 
DEFINITIONS
PERTAINING
TO
SUBCON-
TRACTING.—In this Act: 
‘‘(1) 
SUBCONTRACT.—The 
term 
‘subcontract’ 
means a legally binding agreement between a contractor 
that is already under contract to another party to per-
form work, and a third party, hereinafter referred to as 
the subcontractor, for the subcontractor to perform a
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part, or all, of the work that the contractor has under-
taken. 
‘‘(2) FIRST TIER SUBCONTRACTOR.—The term ‘first 
tier subcontractor’ means a subcontractor who has a 
subcontract directly with the prime contractor. 
‘‘(3) AT ANY TIER.—The term ‘at any tier’ means 
any subcontractor other than a subcontractor who is a 
first tier subcontractor.’’. 
(c) IMPLEMENTATION AND EFFECTIVE DATE.— 
(1) REQUIREMENT FOR PLAN.—Not later than 180 
days after the date of the enactment of this Act, the Ad-
ministrator of the Small Business Administration, the 
Secretary of Defense, and the Administrator of General 
Services shall submit to the Committee on Small Busi-
ness and the Committee on Armed Services of the House 
of Representatives and the Committee on Small Business 
and Entrepreneurship and the Committee on Armed 
Services of the Senate a plan to implement this section 
and the amendments made by this section. The plan 
shall contain assurances that the appropriate tracking 
mechanisms are in place to enable transparency of sub-
contracting activities at all tiers. 
(2) COMPLETION
OF
PLAN
ACTIONS.—Not later 
than one year after the date of the enactment of this 
Act, the Administrator of the Small Business Adminis-
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tration, the Secretary of Defense, and the Administrator 
of General Services shall complete the actions required 
by the plan. 
(3) REGULATIONS.—No later than 18 months after 
the date of the enactment of this Act, the Administrator 
of the Small Business Administration shall promulgate 
any regulations necessary, and the Federal Acquisition 
Regulation shall be revised, to implement this section 
and the amendments made by this section. 
(4) APPLICABILITY.—Any regulations promulgated 
pursuant to paragraph (3) shall apply to contracts en-
tered into after the last day of the fiscal year in which 
the regulations are promulgated. 
SEC. 1615. INAPPLICABILITY OF REQUIREMENT TO REVIEW 
AND JUSTIFY CERTAIN CONTRACTS. 
In the case of a contract to which the provisions of sec-
tion 46 of the Small Business Act (15 U.S.C. 657s) apply, 
the requirements under section 802 of the National Defense 
Authorization Act for Fiscal Year 2013 (Public Law 112– 
239; 126 Stat. 1824; 10 U.S.C. 2304 note) do not apply. 
TITLE 
XVII—SEXUAL 
ASSAULT 
PREVENTION 
AND 
RESPONSE 
AND RELATED REFORMS 
Subtitle A—Reform of Uniform Code of Military Justice 
Sec. 1701. Extension of crime victims’ rights to victims of offenses under the 
Uniform Code of Military Justice.
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Sec. 1702. Revision of Article 32 and Article 60, Uniform Code of Military Jus-
tice. 
Sec. 1703. Elimination of five-year statute of limitations on trial by court-mar-
tial for additional offenses involving sex-related crimes. 
Sec. 1704. Defense counsel interview of victim of an alleged sex-related offense 
in presence of trial counsel, counsel for the victim, or a Sexual 
Assault Victim Advocate. 
Sec. 1705. Discharge or dismissal for certain sex-related offenses and trial of 
such offenses by general courts-martial. 
Sec. 1706. Participation by victim in clemency phase of courts-martial process. 
Sec. 1707. Repeal of the offense of consensual sodomy under the Uniform Code 
of Military Justice. 
Sec. 1708. Modification of Manual for Courts-Martial to eliminate factor relat-
ing to character and military service of the accused in rule on 
initial disposition of offenses. 
Sec. 1709. Prohibition of retaliation against members of the Armed Forces for 
reporting a criminal offense. 
Subtitle B—Other Amendments to Title 10, United States Code 
Sec. 1711. Prohibition on service in the Armed Forces by individuals who have 
been convicted of certain sexual offenses. 
Sec. 1712. Issuance of regulations applicable to the Coast Guard regarding con-
sideration of request for permanent change of station or unit 
transfer by victim of sexual assault. 
Sec. 1713. 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. 1714. Expansion and enhancement of authorities relating to protected 
communications of members of the Armed Forces and prohib-
ited retaliatory actions. 
Sec. 1715. Inspector General investigation of allegations of retaliatory per-
sonnel actions taken in response to making protected commu-
nications regarding sexual assault. 
Sec. 1716. Designation and availability of Special Victims’ Counsel for victims 
of sex-related offenses. 
Subtitle C—Amendments to Other Laws 
Sec. 1721. Tracking of compliance of commanding officers in conducting orga-
nizational climate assessments for purposes of preventing and 
responding to sexual assaults. 
Sec. 1722. Advancement of submittal deadline for report of independent panel 
on assessment of military response systems to sexual assault. 
Sec. 1723. Retention of certain forms in connection with Restricted Reports 
and Unrestricted Reports on sexual assault involving members 
of the Armed Forces. 
Sec. 1724. Timely access to Sexual Assault Response Coordinators by members 
of the National Guard and Reserves. 
Sec. 1725. Qualifications and selection of Department of Defense sexual assault 
prevention and response personnel and required availability of 
Sexual Assault Nurse Examiners. 
Sec. 1726. Additional responsibilities of Sexual Assault Prevention and Re-
sponse Office for Department of Defense sexual assault preven-
tion and response program.
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Subtitle D—Studies, Reviews, Policies, and Reports 
Sec. 1731. Independent reviews and assessments of Uniform Code of Military 
Justice and judicial proceedings of sexual assault cases. 
Sec. 1732. Review and policy regarding Department of Defense investigative 
practices in response to allegations of Uniform Code of Military 
Justice violations. 
Sec. 1733. Review of training and education provided members of the Armed 
Forces on sexual assault prevention and response. 
Sec. 1734. Report on implementation of Department of Defense policy on the 
retention of and access to evidence and records relating to sex-
ual assaults involving members of the Armed Forces. 
Sec. 1735. Review of the Office of Diversity Management and Equal Oppor-
tunity role in sexual harassment cases. 
Subtitle E—Other Matters 
Sec. 1741. Enhanced protections for prospective members and new members of 
the Armed Forces during entry-level processing and training. 
Sec. 1742. Commanding officer action on reports on sexual offenses involving 
members of the Armed Forces. 
Sec. 1743. Eight-day incident reporting requirement in response to unrestricted 
report of sexual assault in which the victim is a member of the 
Armed Forces. 
Sec. 1744. Review of decisions not to refer charges of certain sex-related of-
fenses for trial by court-martial. 
Sec. 1745. Inclusion and command review of information on sex-related of-
fenses in personnel service records of members of the Armed 
Forces. 
Sec. 1746. Prevention of sexual assault at military service academies. 
Sec. 1747. Required notification whenever members of the Armed Forces are 
completing Standard Form 86 of the Questionnaire for Na-
tional Security Positions. 
Subtitle F—Sense of Congress Provisions 
Sec. 1751. Sense of Congress on commanding officer responsibility for com-
mand climate free of retaliation. 
Sec. 1752. Sense of Congress on disposition of charges involving certain sexual 
misconduct offenses under the Uniform Code of Military Jus-
tice through courts-martial. 
Sec. 1753. Sense of Congress on the discharge in lieu of court-martial of mem-
bers of the Armed Forces who commit sex-related offenses. 
Subtitle A—Reform of Uniform Code 
of Military Justice 
SEC. 1701. EXTENSION OF CRIME VICTIMS’ RIGHTS TO VICTIMS 
OF OFFENSES UNDER THE UNIFORM CODE OF 
MILITARY JUSTICE. 
(a) VICTIMS’ RIGHTS.—
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(1) IN GENERAL.—Subchapter I of chapter 47 of 
title 10, United States Code (the Uniform Code of Mili-
tary Justice), is amended by adding at the end the fol-
lowing new section (article): 
‘‘§ 806b. Art. 6b. Rights of the victim of an offense under 
this chapter 
‘‘(a) RIGHTS
OF
A VICTIM
OF
AN OFFENSE UNDER 
THIS CHAPTER.—A victim of an offense under this chapter 
has the following rights: 
‘‘(1) The right to be reasonably protected from the 
accused. 
‘‘(2) The right to reasonable, accurate, and timely 
notice of any of the following: 
‘‘(A) A public hearing concerning the continu-
ation of confinement prior to trial of the accused. 
‘‘(B) A preliminary hearing under section 832 
of this title (article 32) relating to the offense. 
‘‘(C) A court-martial relating to the offense. 
‘‘(D) A public proceeding of the service clem-
ency and parole board relating to the offense. 
‘‘(E) The release or escape of the accused, un-
less such notice may endanger the safety of any 
person. 
‘‘(3) The right not to be excluded from any public 
hearing or proceeding described in paragraph (2) unless
664 
•HRES 441 EH 
the military judge or investigating officer, as applicable, 
after receiving clear and convincing evidence, determines 
that testimony by the victim of an offense under this 
chapter would be materially altered if the victim heard 
other testimony at that hearing or proceeding. 
‘‘(4) The right to be reasonably heard at any of the 
following: 
‘‘(A) A public hearing concerning the continu-
ation of confinement prior to trial of the accused. 
‘‘(B) A sentencing hearing relating to the of-
fense. 
‘‘(C) A public proceeding of the service clem-
ency and parole board relating to the offense. 
‘‘(5) The reasonable right to confer with the counsel 
representing the Government at any proceeding de-
scribed in paragraph (2). 
‘‘(6) The right to receive restitution as provided in 
law. 
‘‘(7) The right to proceedings free from unreason-
able delay. 
‘‘(8) The right to be treated with fairness and with 
respect for the dignity and privacy of the victim of an 
offense under this chapter. 
‘‘(b) VICTIM OF AN OFFENSE UNDER THIS CHAPTER 
DEFINED.—In this section, the term ‘victim of an offense
665 
•HRES 441 EH 
under this chapter’ means a person who has suffered direct 
physical, emotional, or pecuniary harm as a result of the 
commission of an offense under this chapter (the Uniform 
Code of Military Justice). 
‘‘(c) LEGAL GUARDIAN FOR CERTAIN VICTIMS.—In the 
case of a victim of an offense under this chapter who is under 
18 years of age, incompetent, incapacitated, or deceased, the 
military judge shall designate a legal guardian from among 
the representatives of the estate of the victim, a family mem-
ber, or other suitable person to assume the victim’s rights 
under this section. However, in no event may the person so 
designated be the accused. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section 
(article) shall be construed— 
‘‘(1) to authorize a cause of action for damages; or 
‘‘(2) to create, to enlarge, or to imply any duty or 
obligation to any victim of an offense under this chapter 
or other person for the breach of which the United 
States or any of its officers or employees could be held 
liable in damages.’’. 
(2) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter I of chapter 47 of such 
title (the Uniform Code of Military Justice) is amended 
by adding at the end the following new item: 
‘‘806b. Art. 6b. Rights of the victim of an offense under this chapter.’’. 
(b) IMPLEMENTATION.—
666 
•HRES 441 EH 
(1) ISSUANCE.—Not later than one year after the 
date of the enactment of this Act— 
(A) the Secretary of Defense shall recommend 
to the President changes to the Manual for Courts- 
Martial to implement section 806b of title 10, 
United States Code (article 6b of the Uniform Code 
of Military Justice), as added by subsection (a); and 
(B) the Secretary of Defense and Secretary of 
Homeland Security (with respect to the Coast 
Guard when it is not operating as a service in the 
Navy) shall prescribe such regulations as each such 
Secretary considers appropriate to implement such 
section. 
(2) MECHANISMS
FOR
AFFORDING
RIGHTS.—The 
recommendations and regulations required by paragraph 
(1) shall include the following: 
(A) Mechanisms for ensuring that victims are 
notified of, and accorded, the rights specified in sec-
tion 806b of title 10, United States Code (article 6b 
of the Uniform Code of Military Justice), as added 
by subsection (a). 
(B) Mechanisms for ensuring that members of 
the Armed Forces and civilian personnel of the De-
partment of Defense and the Coast Guard make 
their best efforts to ensure that victims are notified
667 
•HRES 441 EH 
of, and accorded, the rights specified in such sec-
tion. 
(C) Mechanisms for the enforcement of such 
rights, including mechanisms for application for 
such rights and for consideration and disposition of 
applications for such rights. 
(D) The designation of an authority within 
each Armed Force to receive and investigate com-
plaints relating to the provision or violation of such 
rights. 
(E) Disciplinary sanctions for members of the 
Armed Forces and other personnel of the Depart-
ment of Defense and Coast Guard who willfully or 
wantonly fail to comply with requirements relating 
to such rights. 
SEC. 1702. REVISION OF ARTICLE 32 AND ARTICLE 60, UNIFORM 
CODE OF MILITARY JUSTICE. 
(a) USE OF PRELIMINARY HEARINGS.— 
(1) IN GENERAL.—Section 832 of title 10, United 
States Code (article 32 of the Uniform Code of Military 
Justice), is amended to read as follows: 
‘‘§ 832. Art. 32. Preliminary hearing 
‘‘(a) 
PRELIMINARY
HEARING
REQUIRED.—(1) 
No 
charge or specification may be referred to a general court- 
martial for trial until completion of a preliminary hearing.
668 
•HRES 441 EH 
‘‘(2) The purpose of the preliminary hearing shall be 
limited to the following: 
‘‘(A) Determining whether there is probable cause 
to believe an offense has been committed and the ac-
cused committed the offense. 
‘‘(B) Determining whether the convening authority 
has court-martial jurisdiction over the offense and the 
accused. 
‘‘(C) Considering the form of charges. 
‘‘(D) Recommending the disposition that should be 
made of the case. 
‘‘(b) HEARING OFFICER.—(1) A preliminary hearing 
under subsection (a) shall be conducted by an impartial judge 
advocate certified under section 827(b) of this title (article 
27(b)) whenever practicable or, in exceptional circumstances 
in which the interests of justice warrant, by an impartial 
hearing officer who is not a judge advocate. If the hearing 
officer is not a judge advocate, a judge advocate certified 
under section 827(b) of this title (article 27(b)) shall be 
available to provide legal advice to the hearing officer. 
‘‘(2) Whenever practicable, when the judge advocate or 
other hearing officer is detailed to conduct the preliminary 
hearing, the officer shall be equal to or senior in grade to 
military counsel detailed to represent the accused or the Gov-
ernment at the preliminary hearing.
669 
•HRES 441 EH 
‘‘(c) REPORT OF RESULTS.—After conducting a prelimi-
nary hearing under subsection (a), the judge advocate or 
other officer conducting the preliminary hearing shall prepare 
a report that addresses the matters specified in subsections 
(a)(2) and (f). 
‘‘(d) RIGHTS OF ACCUSED AND VICTIM.—(1) The ac-
cused shall be advised of the charges against the accused and 
of the accused’s right to be represented by counsel at the pre-
liminary hearing under subsection (a). The accused has the 
right to be represented at the preliminary hearing as provided 
in section 838 of this title (article 38) and in regulations pre-
scribed under that section. 
‘‘(2) The accused may cross-examine witnesses who tes-
tify at the preliminary hearing and present additional evi-
dence in defense and mitigation, relevant to the limited pur-
poses of the hearing, as provided for in paragraph (4) and 
subsection (a)(2). 
‘‘(3) A victim may not be required to testify at the pre-
liminary hearing. A victim who declines to testify shall be 
deemed to be not available for purposes of the preliminary 
hearing. 
‘‘(4) The presentation of evidence and examination (in-
cluding cross-examination) of witnesses at a preliminary hear-
ing shall be limited to the matters relevant to the limited pur-
poses of the hearing, as provided in subsection (a)(2).
670 
•HRES 441 EH 
‘‘(e) RECORDING OF PRELIMINARY HEARING.—A pre-
liminary hearing under subsection (a) shall be recorded by a 
suitable recording device. The victim may request the record-
ing and shall have access to the recording as prescribed by 
the Manual for Courts-Martial. 
‘‘(f) EFFECT
OF
EVIDENCE
OF
UNCHARGED
OF-
FENSE.—If evidence adduced in a preliminary hearing under 
subsection (a) indicates that the accused committed an un-
charged offense, the hearing officer may consider the subject 
matter of that offense without the accused having first been 
charged with the offense if the accused— 
‘‘(1) is present at the preliminary hearing; 
‘‘(2) is informed of the nature of each uncharged 
offense considered; and 
‘‘(3) is afforded the opportunities for representa-
tion, cross-examination, and presentation consistent with 
subsection (d). 
‘‘(g) EFFECT OF VIOLATION.—The requirements of this 
section are binding on all persons administering this chapter, 
but failure to follow the requirements does not constitute ju-
risdictional error. 
‘‘(h) VICTIM DEFINED.—In this section, the term ‘vic-
tim’ means a person who— 
‘‘(1) is alleged to have suffered a direct physical, 
emotional, or pecuniary harm as a result of the matters
671 
•HRES 441 EH 
set forth in a charge or specification being considered; 
and 
‘‘(2) is named in one of the specifications.’’. 
(2) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter VI of chapter 47 of such 
title is amended by striking the item relating to section 
832 and inserting the following new item: 
‘‘832. Art 32. Preliminary hearing.’’. 
(b) ELIMINATION OF UNLIMITED COMMAND PREROGA-
TIVE AND DISCRETION; IMPOSITION OF ADDITIONAL LIMITA-
TIONS.—Subsection (c) of section 860 of title 10, United 
States Code (article 60 of the Uniform Code of Military Jus-
tice), is amended to read as follows: 
‘‘(c)(1) Under regulations of the Secretary concerned, a 
commissioned officer commanding for the time being, a suc-
cessor in command, or any person exercising general court- 
martial jurisdiction may act under this section in place of the 
convening authority. 
‘‘(2)(A) Action on the sentence of a court-martial shall 
be taken by the convening authority or by another person au-
thorized to act under this section. Subject to regulations of 
the Secretary concerned, such action may be taken only after 
consideration of any matters submitted by the accused under 
subsection (b) or after the time for submitting such matters 
expires, whichever is earlier.
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‘‘(B) Except as provided in paragraph (4), the convening 
authority or another person authorized to act under this sec-
tion may approve, disapprove, commute, or suspend the sen-
tence of the court-martial in whole or in part. 
‘‘(C) If the convening authority or another person au-
thorized to act under this section acts to disapprove, com-
mute, or suspend, in whole or in part, the sentence of the 
court-martial for an offense (other than a qualifying offense), 
the convening authority or other person shall provide, at that 
same time, a written explanation of the reasons for such ac-
tion. The written explanation shall be made a part of the 
record of the trial and action thereon. 
‘‘(3)(A) Action on the findings of a court-martial by the 
convening authority or by another person authorized to act 
under this section is not required. 
‘‘(B) If the convening authority or another person au-
thorized to act under this section acts on the findings of a 
court-martial, the convening authority or other person— 
‘‘(i) may not dismiss any charge or specification, 
other than a charge or specification for a qualifying of-
fense, by setting aside a finding of guilty thereto; or 
‘‘(ii) may not change a finding of guilty to a charge 
or specification, other than a charge or specification for 
a qualifying offense, to a finding of guilty to an offense
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that is a lesser included offense of the offense stated in 
the charge or specification. 
‘‘(C) If the convening authority or another person au-
thorized to act under this section acts on the findings to dis-
miss or change any charge or specification for an offense 
(other than a qualifying offense), the convening authority or 
other person shall provide, at that same time, a written ex-
planation of the reasons for such action. The written expla-
nation shall be made a part of the record of the trial and ac-
tion thereon. 
‘‘(D)(i) In this subsection, the term ‘qualifying offense’ 
means, except in the case of an offense excluded pursuant to 
clause (ii), an offense under this chapter for which— 
‘‘(I) the maximum sentence of confinement that 
may be adjudged does not exceed two years; and 
‘‘(II) the sentence adjudged does not include dis-
missal, a dishonorable or bad-conduct discharge, or con-
finement for more than six months. 
‘‘(ii) Such term does not include any of the following: 
‘‘(I) An offense under subsection (a) or (b) of sec-
tion 920 of this title (article 120). 
‘‘(II) An offense under section 920b or 925 of this 
title (articles 120b and 125). 
‘‘(III) Such other offenses as the Secretary of De-
fense may specify by regulation.
674 
•HRES 441 EH 
‘‘(4)(A) Except as provided in subparagraph (B) or (C), 
the convening authority or another person authorized to act 
under this section may not disapprove, commute, or suspend 
in whole or in part an adjudged sentence of confinement for 
more than six months or a sentence of dismissal, dishonorable 
discharge, or bad conduct discharge. 
‘‘(B) Upon the recommendation of the trial counsel, in 
recognition of the substantial assistance by the accused in the 
investigation or prosecution of another person who has com-
mitted an offense, the convening authority or another person 
authorized to act under this section shall have the authority 
to disapprove, commute, or suspend the adjudged sentence in 
whole or in part, even with respect to an offense for which 
a mandatory minimum sentence exists. 
‘‘(C) If a pre-trial agreement has been entered into by 
the convening authority and the accused, as authorized by 
Rule for Courts–Martial 705, the convening authority or an-
other person authorized to act under this section shall have 
the authority to approve, disapprove, commute, or suspend a 
sentence in whole or in part pursuant to the terms of the pre- 
trial agreement, subject to the following limitations for con-
victions of offenses that involve a mandatory minimum sen-
tence: 
‘‘(i) If a mandatory minimum sentence of a dishon-
orable discharge applies to an offense for which the ac-
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•HRES 441 EH 
cused has been convicted, the convening authority or an-
other person authorized to act under this section may 
commute the dishonorable discharge to a bad conduct 
discharge pursuant to the terms of the pre-trial agree-
ment. 
‘‘(ii) Except as provided in clause (i), if a manda-
tory minimum sentence applies to an offense for which 
the accused has been convicted, the convening authority 
or another person authorized to act under this section 
may not disapprove, otherwise commute, or suspend the 
mandatory minimum sentence in whole or in part, unless 
authorized to do so under subparagraph (B).’’. 
(c) CONFORMING AMENDMENTS.— 
(1) REFERENCES TO SOLE DISCRETION AND OTHER 
PERSONS AUTHORIZED TO ACT UNDER ARTICLE 60.— 
Section 860 of title 10, United States Code (article 60 
of the Uniform Code of Military Justice), is further 
amended— 
(A) in subsection (b)(2), by striking ‘‘or other 
person taking action under this section’’ and insert-
ing ‘‘or another person authorized to act under this 
section’’; 
(B) in subsection (d), by striking ‘‘or other 
person taking action under this section’’ the first
676 
•HRES 441 EH 
place it appears and inserting ‘‘or another person 
authorized to act under this section’’; 
(C) in subsection (e)(1), by striking ‘‘or other 
person taking action under this section, in his sole 
discretion,’’ and inserting ‘‘or another person au-
thorized to act under this section’’; and 
(D) in subsection (e)(3), by striking ‘‘or other 
person taking action under this section’’ and insert-
ing ‘‘or another person authorized to act under this 
section’’. 
(2) OTHER AUTHORITY FOR CONVENING AUTHOR-
ITY TO SUSPEND SENTENCE.—Section 871(d) of such 
title (article 71(d) of the Uniform Code of Military Jus-
tice) is amended by adding at the end the following new 
sentence: ‘‘Paragraphs (2) and (4) of subsection (c) of 
section 860 of this title (article 60) shall apply to any 
decision by the convening authority or another person 
authorized to act under this section to suspend the exe-
cution of any sentence or part thereof under this sub-
section.’’. 
(3) REFERENCES TO ARTICLE 32 INVESTIGATION.— 
(A) Section 802(d)(1)(A) of such title (article 2(d)(1)(A) 
of the Uniform Code of Military Justice) is amended by 
striking ‘‘investigation under section 832’’ and inserting 
‘‘a preliminary hearing under section 832’’.
677 
•HRES 441 EH 
(B) Section 834(a)(2) of such title (article 34(a)(2) 
of the Uniform Code of Military Justice) is amended by 
striking ‘‘investigation under section 832 of this title 
(article 32) (if there is such a report)’’ and inserting ‘‘a 
preliminary hearing under section 832 of this title (arti-
cle 32)’’. 
(C) Section 838(b)(1) of such title (article 38(b)(1) 
of the Uniform Code of Military Justice) is amended by 
striking ‘‘an investigation under section 832’’ and insert-
ing ‘‘a preliminary hearing under section 832’’. 
(D) Section 847(a)(1) of such title (article 47(a)(1) 
of the Uniform Code of Military Justice) is amended by 
striking ‘‘an investigation pursuant to section 832(b) of 
this title (article 32(b))’’ and inserting ‘‘a preliminary 
hearing pursuant to section 832 of this title (article 
32)’’. 
(E) Section 948b(d)(1)(C) of such title is amended 
by striking ‘‘pretrial investigation’’ and inserting ‘‘pre-
liminary hearing’’. 
(d) EFFECTIVE DATES.— 
(1) ARTICLE 32 AMENDMENTS.—The amendments 
made by subsections (a) and (c)(3) shall take effect one 
year after the date of the enactment of this Act and 
shall apply with respect to offenses committed under
678 
•HRES 441 EH 
chapter 47 of title 10, United States Code (the Uniform 
Code of Military Justice), on or after that effective date. 
(2) ARTICLE 60 AMENDMENTS.—The amendments 
made by subsection (b) and paragraphs (1) and (2) of 
subsection (c) shall take effect 180 days after the date 
of the enactment of this Act and shall apply with respect 
to offenses committed under chapter 47 of title 10, 
United States Code (the Uniform Code of Military Jus-
tice), on or after that effective date. 
SEC. 1703. ELIMINATION OF FIVE-YEAR STATUTE OF LIMITA-
TIONS ON TRIAL BY COURT-MARTIAL FOR ADDI-
TIONAL 
OFFENSES 
INVOLVING 
SEX-RELATED 
CRIMES. 
(a) INCLUSION
OF ADDITIONAL OFFENSES.—Section 
843(a) of title 10, United States Code (article 43(a) of the 
Uniform Code of Military Justice), is amended by striking 
‘‘rape, or rape of a child’’ and inserting ‘‘rape or sexual as-
sault, or rape or sexual assault of a child’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
843(b)(2)(B)(i) of title 10, United States Code (article 
43(b)(2)(B)(i) of the Uniform Code of Military Justice), is 
amended by inserting before the period at the end the fol-
lowing: ‘‘, unless the offense is covered by subsection (a)’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this
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Act, and shall apply with respect to an offense covered by 
section 920(b) or 920b(b) of title 10, United States Code (ar-
ticle 120(b) or 120b(b) of the Uniform Code of Military Jus-
tice), that is committed on or after that date. 
SEC. 1704. DEFENSE COUNSEL INTERVIEW OF VICTIM OF AN AL-
LEGED SEX-RELATED OFFENSE IN PRESENCE OF 
TRIAL COUNSEL, COUNSEL FOR THE VICTIM, OR A 
SEXUAL ASSAULT VICTIM ADVOCATE. 
Section 846 of title 10, United States Code (article 46 
of the Uniform Code of Military Justice), is amended— 
(1) by inserting ‘‘(a) OPPORTUNITY TO OBTAIN 
WITNESSES AND OTHER EVIDENCE.—’’before ‘‘The trial 
counsel’’; 
(2) by striking ‘‘Process issued’’ and inserting the 
following: 
‘‘(c) PROCESS.—Process issued’’; and 
(3) by inserting after subsection (a), as designated 
by paragraph (1), the following new subsection (b): 
‘‘(b) DEFENSE COUNSEL INTERVIEW OF VICTIM OF AL-
LEGED SEX-RELATED OFFENSE.—(1) Upon notice by trial 
counsel to defense counsel of the name of an alleged victim 
of an alleged sex-related offense who trial counsel intends to 
call to testify at a preliminary hearing under section 832 of 
this title (article 32) or a court-martial under this chapter,
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defense counsel shall make any request to interview the vic-
tim through trial counsel. 
‘‘(2) If requested by an alleged victim of an alleged sex- 
related offense who is subject to a request for interview under 
paragraph (1), any interview of the victim by defense counsel 
shall take place only in the presence of trial counsel, a coun-
sel for the victim, or a Sexual Assault Victim Advocate. 
‘‘(3) In this subsection, the term ‘alleged sex-related of-
fense’ means any allegation of— 
‘‘(A) a violation of section 920, 920a, 920b, 920c, 
or 925 of this title (article 120, 120a, 120b, 120c, or 
125); or 
‘‘(B) an attempt to commit an offense specified in 
a paragraph (1) as punishable under section 880 of this 
title (article 80).’’. 
SEC. 1705. DISCHARGE OR DISMISSAL FOR CERTAIN SEX-RE-
LATED OFFENSES AND TRIAL OF SUCH OFFENSES 
BY GENERAL COURTS-MARTIAL. 
(a) 
MANDATORY
DISCHARGE
OR
DISMISSAL
RE-
QUIRED.— 
(1) IMPOSITION.—Section 856 of title 10, United 
States Code (article 56 of the Uniform Code of Military 
Justice), is amended— 
(A) by inserting ‘‘(a)’’ before ‘‘The punish-
ment’’; and
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(B) by adding at the end the following new 
subsection: 
‘‘(b)(1) While a person subject to this chapter who is 
found guilty of an offense specified in paragraph (2) shall be 
punished as a general court-martial may direct, such punish-
ment must include, at a minimum, dismissal or dishonorable 
discharge, except as provided for in section 860 of this title 
(article 60). 
‘‘(2) Paragraph (1) applies to the following offenses: 
‘‘(A) An offense in violation of subsection (a) or (b) 
of section 920 of this title (article 120(a) or (b)). 
‘‘(B) Rape and sexual assault of a child under sub-
section (a) or (b) of section 920b of this title (article 
120b). 
‘‘(C) Forcible sodomy under section 925 of this title 
(article 125). 
‘‘(D) An attempt to commit an offense specified in 
subparagraph (A), (B), or (C) that is punishable under 
section 880 of this title (article 80).’’. 
(2) CLERICAL AMENDMENTS.— 
(A) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 856. Art. 56. Maximum and minimum limits’’. 
(B) TABLE OF SECTIONS.—The table of sec-
tions at the beginning of subchapter VIII of chapter
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organizational climate assessments, as required by subsection 
(a)(3).’’. 
SEC. 1722. ADVANCEMENT OF SUBMITTAL DEADLINE FOR RE-
PORT OF INDEPENDENT PANEL ON ASSESSMENT 
OF MILITARY RESPONSE SYSTEMS TO SEXUAL AS-
SAULT. 
Section 576(c)(1)(B) of the National Defense Authoriza-
tion Act for Fiscal Year 2013 (Public Law 112–239; 126 
Stat. 1759) is amended by striking ‘‘Eighteen months’’ and 
inserting ‘‘Twelve months’’. 
SEC. 1723. RETENTION OF CERTAIN FORMS IN CONNECTION 
WITH RESTRICTED REPORTS AND UNRESTRICTED 
REPORTS ON SEXUAL ASSAULT INVOLVING MEM-
BERS OF THE ARMED FORCES. 
(a) REQUIREMENT FOR RETENTION.—Subsection (a) of 
section 577 of the National Defense Authorization Act for 
Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1762; 10 
U.S.C. 1561 note) is amended— 
(1) by striking ‘‘At the request of a member of the 
Armed Forces who files a Restricted Report on an inci-
dent of sexual assault involving the member, the Sec-
retary of Defense shall’’ and inserting ‘‘The Secretary of 
Defense shall’’; and 
(2) by striking ‘‘the Restricted Report’’ and insert-
ing ‘‘a Restricted Report or Unrestricted Report on an
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(b) LIMITATION
ON TOTAL COST
OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations authorized 
by section 2853 of title 10, United States Code, and any 
other cost variation authorized by law, the total cost of all 
projects carried out under section 2201 of this Act and the 
projects described in paragraphs (2) and (3) of this sub-
section may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated 
under subsection (a), as specified in the funding table in 
section 4601. 
(2) $357,877,000 (the balance of the amount au-
thorized under section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2012 (division B 
of Public Law 112–81; 125 Stat. 1666) for an explosive 
handling wharf at Kitsap, Washington). 
(3) $68,196,000 (the balance of the amount author-
ized under section 2201(b) of the Military Construction 
Authorization Act for Fiscal Year 2010 (division B of 
Public Law 111–84; 123 Stat. 2633) for ramp parking 
at Joint Region Marianas, Guam). 
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CER-
TAIN FISCAL YEAR 2011 PROJECT. 
In the case of the authorization contained in the table 
in section 2201(b) of the Military Construction Authorization 
Act for Fiscal Year 2011 (division B of Public Law 111–383;