datamatters24/research-document-archive huggingface dataset:
(2) in subsection (c), by striking ‘‘subsection 
(a)’’ and inserting ‘‘subsection (b)’’; and 
(3) in subsection (d), by striking ‘‘subsection 
(a)’’ and inserting ‘‘subsection (b)’’. 
(b) CONFORMING AMENDMENT.—Subsection (d) of 
section 405 of the Public Utility Regulatory Policies Act 
of 1978 (16 U.S.C. 2705), as amended, is further amend-
ed by striking ‘‘subsection (a) of such section 30’’ and in-
serting ‘‘subsection (b) of such section 30’’. 
SEC. 5. FERC AUTHORITY TO EXTEND PRELIMINARY PER-
MIT PERIODS. 
Section 5 of the Federal Power Act (16 U.S.C. 798) 
is amended— 
(1) by designating the first, second, and third 
sentences as subsections (a), (c), and (d), respec-
tively; and 
(2) by inserting after subsection (a) (as so des-
ignated) the following: 
‘‘(b) The Commission may extend the period of a pre-
liminary permit once for not more than 2 additional years 
beyond the 3 years permitted by subsection (a) if the Com-
mission finds that the permittee has carried out activities 
under such permit in good faith and with reasonable dili-
gence.’’. 
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SEC. 6. PROMOTING HYDROPOWER DEVELOPMENT AT 
NONPOWERED 
DAMS 
AND 
CLOSED 
LOOP 
PUMPED STORAGE PROJECTS. 
(a) IN GENERAL.—To improve the regulatory process 
and reduce delays and costs for hydropower development 
at nonpowered dams and closed loop pumped storage 
projects, the Federal Energy Regulatory Commission (re-
ferred to in this section as the ‘‘Commission’’) shall inves-
tigate the feasibility of the issuance of a license for hydro-
power development at nonpowered dams and closed loop 
pumped storage projects in a 2-year period (referred to 
in this section as a ‘‘2-year process’’). Such a 2-year proc-
ess shall include any prefiling licensing process of the 
Commission. 
(b) WORKSHOPS
AND PILOTS.—The Commission 
shall— 
(1) not later than 60 days after the date of en-
actment of this Act, hold an initial workshop to so-
licit public comment and recommendations on how 
to implement a 2-year process; 
(2) develop criteria for identifying projects fea-
turing hydropower development at nonpowered dams 
and closed loop pumped storage projects that may be 
appropriate for licensing within a 2-year process; 
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(3) not later than 180 days after the date of 
enactment of this Act, develop and implement pilot 
projects to test a 2-year process, if practicable; and 
(4) not later than 3 years after the date of im-
plementation of the final pilot project testing a 2- 
year process, hold a final workshop to solicit public 
comment on the effectiveness of each tested 2-year 
process. 
(c) MEMORANDUM OF UNDERSTANDING.—The Com-
mission shall, to the extent practicable, enter into a memo-
randum of understanding with any applicable Federal or 
State agency to implement a pilot project described in sub-
section (b). 
(d) REPORTS.— 
(1) PILOT PROJECTS NOT IMPLEMENTED.—If 
the Commission determines that no pilot project de-
scribed in subsection (b) is practicable because no 2- 
year process is practicable, not later than 240 days 
after the date of enactment of this Act, the Commis-
sion shall submit to the Committee on Energy and 
Commerce of the House of Representatives and the 
Committee on Energy and Natural Resources of the 
Senate a report that— 
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(A) describes the public comments received 
as part of the initial workshop held under sub-
section (b)(1); and 
(B) identifies the process, legal, environ-
mental, economic, and other issues that justify 
the determination of the Commission that no 2- 
year process is practicable, with recommenda-
tions on how Congress may address or remedy 
the identified issues. 
(2) PILOT
PROJECTS
IMPLEMENTED.—If the 
Commission develops and implements pilot projects 
involving a 2-year process, not later than 60 days 
after the date of completion of the final workshop 
held under subsection (b)(4), the Commission shall 
submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate a 
report that— 
(A) describes the outcomes of the pilot 
projects; 
(B) describes the public comments from 
the final workshop on the effectiveness of each 
tested 2-year process; and 
(C)(i) outlines how the Commission will 
adopt policies under existing law (including reg-
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ulations) that result in a 2-year process for ap-
propriate projects; 
(ii) outlines how the Commission will issue 
new regulations to adopt a 2-year process for 
appropriate projects; or 
(iii) identifies the process, legal, environ-
mental, economic, and other issues that justify 
a determination of the Commission that no 2- 
year process is practicable, with recommenda-
tions on how Congress may address or remedy 
the identified issues. 
SEC. 7. DOE STUDY OF PUMPED STORAGE AND POTENTIAL 
HYDROPOWER FROM CONDUITS. 
(a) IN GENERAL.—The Secretary of Energy shall 
conduct a study— 
(1)(A) of the technical flexibility that existing 
pumped storage facilities can provide to support 
intermittent renewable electric energy generation, in-
cluding the potential for such existing facilities to be 
upgraded or retrofitted with advanced commercially 
available technology; and 
(B) of the technical potential of existing 
pumped storage facilities and new advanced pumped 
storage facilities, to provide grid reliability benefits; 
and 
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(2)(A) to identify the range of opportunities for 
hydropower that may be obtained from conduits (as 
defined by the Secretary) in the United States; and 
(B) through case studies, to assess amounts of 
potential energy generation from such conduit hy-
dropower projects. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Energy shall 
submit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report that de-
scribes the results of the study conducted under subsection 
(a), including any recommendations. 
Æ 
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SEC. 304. AMENDMENTS RELATING TO THE READY RE-
SERVE FORCE COMPONENT OF THE READY
RESERVE FLEET.
Section 2218 of title 10, United States Code is
amended—
(1) in subsection (c)—
(A) by striking out ‘‘and’’ at the end of
subparagraph (C);
(B) by striking out the period at the end
of subparagraph (D) and inserting ‘‘; and’’ in
lieu thereof; and
(C) by adding the following new subpara-
graph at the end thereof:
‘‘(E) expenses of the National Defense Re-
serve Fleet, as established by section 11 of the
Merchant Ship Sales Act of 1946 (50 U.S.C.
App. 1744).’’; and
(2) in subsection (i), by striking out ‘‘Nothing’’
and inserting in lieu thereof ‘‘Except as provided in
subsection (c)(1)(E), nothing’’.
Subtitle B—Other Matters
SEC. 321. TESTING OF THEATER MISSILE DEFENSE INTER-
CEPTORS.
Section 237(a) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat.
1600) is amended to read as follows:
‘‘(a) TESTING
OF
THEATER
MISSILE DEFENSE
INTERCEPTORS.—The Secretary of Defense may not ap-
prove a theater missile defense interceptor program pro-
ceeding beyond the Low-Rate Initial Production until the
Secretary certifies to the congressional defense committees
successful completion of Initial Operational Test and Eval-
uation (IOT&E) in which sufficient flight tests, involving
multiple interceptors and multiple targets in the presence
of realistic countermeasures, have been conducted, the re-
sults of which demonstrate the achievement by the inter-
ceptors of the weapons systems performance thresholds
specified in the system baseline document established pur-
suant to section 2435(a)(l)(A) of title 10, United States
Code, before the program entered engineering and manu-
facturing systems development. Modeling and simulation
validated by ground and flight testing may be used to aug-
ment live fire testing to demonstrate weapons system per-
formance goals.’’.
SEC. 322. ESTABLISHMENT OF A DEPARTMENT OF DE-
FENSE LABORATORY REVITALIZATION DEM-
ONSTRATION PROGRAM.
(a) PROGRAM REQUIRED.—The Secretary of Defense
shall carry out a Department of Defense Laboratory Revi-
talization Demonstration Program. Under the program
the Secretary may carry out minor military construction
projects in accordance with subsection (b) and other appli-
cable law to improve Department of Defense laboratories
covered by the program.
(b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO
MINOR CONSTRUCTION PROJECTS.—For purpose of any
military construction project carried out under the pro-
gram—
(1) the amount provided in subsection (a)(1) of
section 2805 of title 10, United States Code, shall
be deemed to be $3,000,000;
(2) the amount provided in subsection (b)(1) of
such section shall be deemed to be $1,500,000; and
(3) the amount provided in subsection (c)(1) of
such section shall be deemed to be $1,000,000.
(c) DESIGNATION OF COVERED LABORATORIES.—
Not later than 30 days before commencing the program,
the Secretary shall designate the Department of Defense
laboratories that are to be covered by the program and
notify Congress of the laboratories so designated. Only the
designated laboratories may be covered by the program.
(d) REPORT.—Not later than September 30, 1999,
the Secretary shall submit to Congress a report on the
program. The report shall include the Secretary’s conclu-
sions and recommendations regarding the desirability and
feasibility of extending the authority set forth in sub-
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section (b) to cover all Department of Defense labora-
tories.
(e) EXCLUSIVITY OF PROGRAM.—Nothing in this sec-
tion may be construed to limit any other authority pro-
vided by law for any military construction project at a De-
partment of Defense laboratory covered by the program.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘laboratory’’ includes—
(A) a research, engineering, and develop-
ment center;
(B) a test and evaluation activity owned,
funded, and operated by the Federal Govern-
ment through the Department of Defense; and
(C) a supporting facility of a laboratory.
(2) The term ‘‘supporting facility’’, with respect
to a laboratory, means any building or structure
that is used in support of research, development,
test, and evaluation at a laboratory.
(3) The term ‘‘Department of Defense labora-
tory’’ does not include a contractor owned labora-
tory.
(g) EXPIRATION
OF AUTHORITY.—The Secretary
may not carry out the program after September 30, 2000.
(c) DIRECTOR OF THE MARINE CORPS STAFF; DEP-
UTY AND ASSISTANT COMMANDANTS OF THE MARINE
CORPS.—Section 5045 of title 10, United States Code,
and its heading are amended to read as follows:
‘‘§ 5045. Director of the Marine Corps Staff; Deputy
and Assistant Commandants of the Ma-
rine Corps
‘‘There are in the Headquarters, Marine Corps, a Di-
rector of the Marine Corps Staff, not more than five Dep-
uty Commandants of the Marine Corps, and not more
than three Assistant Commandants of the Marine Corps,
detailed by the Secretary of the Navy from officers of the
active-duty list of the Marine Corps.’’.
(d) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 506 of title 10, United States
Code, is amended by striking out the items relating to sec-
tions 5044 and 5045 and inserting in lieu thereof the fol-
lowing new items:
‘‘5044. Vice Commandant of the Marine Corps.
‘‘5045. Director of the Marine Corps Staff; Deputy and Assistant Commandants
of the Marine Corps.’’.
SEC. 503. INCREASE IN THE TRANSITION PERIOD FOR OF-
FICERS SELECTED FOR EARLY RETIREMENT.
(a) SELECTIVE RETIREMENT OF WARRANT OFFI-
CERS.—Section 581 of title 10, United States Code, is
amended—
such members, shall be permitted on the same basis as
members on active duty. Such use by members who would
be eligible for retired pay under chapter 67 of this title
but for the fact that the members are under 60 years of
age, and the dependents of such members, shall be per-
mitted on the same basis as retirees from active duty mili-
tary service.’’.
SEC. 514. OBJECTIVE TO INCREASE PERCENTAGE OF
PRIOR ACTIVE DUTY PERSONNEL IN THE SE-
LECTED RESERVE.
Section 1111(a) of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (10 U.S.C. 3077 note) is
amended to read as follows:
‘‘(a) OBJECTIVE TO INCREASE PERCENTAGE.—The
Secretary of the Army shall have an objective of increasing
the percentage of qualified prior active duty personnel in
the Selected Reserve.’’.
SEC. 515. WEAR OF MILITARY UNIFORM BY NATIONAL
GUARD TECHNICIANS.
(a) TECHNICIANS: EMPLOYMENT, USE, STATUS.—
Section 709(b) of title 32, United States Code, is amended
to read as follows:
‘‘(b) Except as prescribed by the Secretary concerned,
a technician employed under subsection (a) shall, while so
employed, be a member of the National Guard, hold the
military grade specified by the Secretary concerned for
that position, and wear the military uniform appropriate
for the member’s grade and component of the armed
forces while performing duties as a technician.’’.
(b) UNIFORM ALLOWANCE: OFFICERS; GENERAL
PROVISIONS.—Section 417 of title 37, United States
Code, is amended by inserting at the end the following
new subsection:
‘‘(d) Service as a National Guard technician by a per-
son who is an officer and is required to wear a military
uniform pursuant to section 709(b) of title 32 shall be
considered active duty (other than for training) for pur-
poses of sections 415 and 416 of this title. Section 1593
of title 10, United States Code, and section 5901 of title
5, United States Code, shall not apply to a National
Guard technician who receives a uniform allowance under
this Chapter.’’.
(c) CLOTHING ALLOWANCE: ENLISTED MEMBERS.—
Section 418 of title 37, United States Code, is amended
by inserting at the end the following new sentences: ‘‘In
determining the quantity and kind of clothing and allow-
ances to be furnished under this section to a member who
is a National Guard technician, the President shall take
into account the requirement that such person wear a mili-
tary uniform pursuant to section 709(b) of title 32. Sec-
Calendar No. 71 
113TH CONGRESS 
1ST SESSION 
H. R. 267 
AN ACT 
To improve hydropower, and for other purposes. 
MAY 13, 2013 
Reported without amendment 
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tion 1593 of title 10, United States Code, and section
5901 of title 5, United States Code, shall not apply to
a National Guard technician furnished clothing or allow-
ances under this section.’’.
SEC. 516. ACTIVE DUTY RETIREMENT SANCTUARY FOR RE-
SERVISTS.
Section 1163(d) of title 10, United States Code, is
amended—
(1) by designating the existing matter as para-
graph (1); and
(2) by adding at the end the following new
paragraph:
‘‘(2) The regulations prescribed under para-
graph (1) may except from the prohibition on invol-
untary release in that paragraph members who serve
on active duty (other than for training) under sec-
tion 672(d) of this title under orders specifying a pe-
riod of less than 180 days provided that the member
is informed of and consents to such exception prior
to entry on active duty.’’.
Subtitle C—Amendments to the
Uniform Code of Military Justice
SEC. 551. DEFINITIONS.
Section 801 (article 1) of title 10, United States
Code, is amended by inserting after paragraph (14) the
following new paragraphs:
‘‘(15) The term ‘classified information’ means
any information or material that has been deter-
mined by the United States Government pursuant to
an Executive order, statute, or regulation, to require
protection against unauthorized disclosure for rea-
sons of national security, and any restricted data, as
defined in section 2014(y) of title 42, United States
Code.
‘‘(16) The term ‘national security’ means the
national defense and foreign relations of the United
States.
‘‘(17) The term ‘armed conflict’ means oper-
ations in which members of the United States armed
forces are involved as combatants in military actions,
operations, or hostilities against an enemy of the
United States or against an organized opposing for-
eign armed force regardless of whether or not a war
or national emergency has been declared by the
President of the United States or the Congress of
the United States.’’.
SEC. 552. JURISDICTION OVER CIVILIANS ACCOMPANYING
THE FORCES IN THE FIELD IN TIME OF
ARMED CONFLICT.
Section 802(a)(10) (article 2(a)(10)) of title 10,
United States Code, is amended to read as follows:
‘‘(10) In time of armed conflict, persons serving
with or accompanying an armed force in the field.’’.
SEC. 553. INVESTIGATIONS.
Section 832 (article 32) of title 10, United States
Code, is amended—
(1) by redesignating subsection (d) as sub-
section (e); and
(2) by inserting after subsection (c) the follow-
ing new subsection:
‘‘(d) If during an investigation under this article, the
evidence indicates that the accused may have committed
an uncharged offense or offenses, the investigating officer
is authorized to investigate the subject matter of such of-
fense or offenses before the accused has been charged with
such offense or offenses. If the accused was present at
such investigation, was informed of the nature of the un-
charged offense or offenses, and was afforded the opportu-
nities for representation, cross-examination, and presen-
tation prescribed in subsection (b), no further investiga-
tion of such offense or offenses is necessary under this
article.’’.
SEC. 554. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.
Section 847(b) (article 47(b)) of title 10, United
States Code, is amended to read as follows:
‘‘(b) Any person who commits an offense named in
subsection (a) shall be tried on indictment or information
in a United States district court or in a court of original
criminal jurisdiction in any of the Territories, Common-
wealths, or possessions of the United States, and jurisdic-
tion is conferred upon those courts for that purpose. Upon
conviction, such person shall be punished by fine or im-
prisonment, or both, at the court’s discretion.’’.
SEC. 555. RECORDS OF TRIAL.
Section 854(c)(1)(A) (article 54(c)(1)(A)) of title 10,
United States Code, is amended to read as follows:
‘‘(A) in each general court-martial case in
which the sentence adjudged includes death,
dismissal of a commissioned officer, cadet, or
midshipman, dishonorable or bad-conduct dis-
charge, or confinement for one year or more;
and’’.
SEC. 556. EFFECTIVE DATE OF PUNISHMENTS.
Section 857(a) (article 57(a)) of title 10, United
States Code, is amended to read as follows:
‘‘(a) Unless otherwise directed by the convening au-
thority, forfeitures of pay, allowances, or both, and reduc-
tion in grade shall be effective on the date adjudged and,
in the case of forfeiture, may be collected from pay accru-
ing on and after that date. Periods during which a sen-
tence to forfeiture of pay, allowances, or both, is sus-
pended or deferred, shall be excluded in computing the du-
ration of forfeiture.’’.
SEC. 557. DEFERMENT OF CONFINEMENT.
(a) IN GENERAL.—Subchapter VIII of chapter 47 of
title 10, United States Code, is amended by inserting after
section 857 (article 57) the following new section (article):
‘‘§ 857a. Art. 57a. Deferment of confinement
‘‘(a) On application by an accused who is under sen-
tence to confinement that has not been ordered executed,
the convening authority or, if the accused is no longer
under his jurisdiction, the officer exercising general court-
martial jurisdiction over the command to which the ac-
cused is currently assigned, may in his sole discretion
defer service of the sentence to confinement. The
deferment shall terminate when the sentence is ordered
executed. The deferment may be rescinded at any time by
the officer who granted it or, if the accused is no longer
under his jurisdiction, by the officer exercising general
court-martial jurisdiction over the command to which the
accused is assigned.
‘‘(b) The Secretary concerned, and, when designated
by him, any Under Secretary, Assistant Secretary, Judge
Advocate General, or any commanding officer may, during
the pendency of a review of the accused’s court-martial
conducted pursuant to section 867(a)(2) of this title (arti-
cle 67(a)(2)), defer further service of a sentence to con-
finement which has been ordered executed.
‘‘(c) When an accused in the custody of a state or
foreign country is returned temporarily to military au-
thorities for trial and later returned to the sending state
or country under the authority of a mutual agreement or
treaty, the convening authority may defer service of the
sentence to confinement without the consent of the ac-
cused. The deferment will terminate when the accused is
released permanently to military authorities by the state
or country in whose custody the accused is being held.
‘‘(d) The President shall prescribe such regulations
as are necessary to provide for granting, with or without
conditions, and rescinding deferments provided for under
this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter VIII of chapter 47 of title
10, United States Code, is amended by inserting after the
item relating to section 857 (article 57) the following new
item:
‘‘857a. 57a. Deferment of confinement.’’.
(c) CONFORMING AMENDMENT.—Section 857 (article
57) of title 10, United States Code, is amended—
(1) by striking out subsection (d); and
(2) by redesignating subsection (e) as sub-
section (d).
SEC. 558. SUBMISSION OF MATTERS TO THE CONVENING
AUTHORITY FOR CONSIDERATION.
Section 860(b)(1) (article 60(b)(1)) of title 10, Unit-
ed States Code, is amended to read as follows:
‘‘(b)(1) The accused may submit to the convening au-
thority written matters for consideration by the convening
authority with respect to the findings and sentence. Ex-
cept in a summary court-martial case, such a submission
shall be made within 10 days after the accused has been
given an authenticated record of trial and, if applicable,
the recommendation of the staff judge advocate or legal
officer under subsection (d). In a summary court-martial
case, such submission shall be made within seven days
after the sentence is announced.’’.
SEC. 559. PROCEEDINGS IN REVISION.
Section 860(e) (article 60(e)) of title 10, United
States Code, is amended—